HB 7181

1	A bill to be entitled
2	An act relating to immigrant victims of human trafficking
3	and other serious crimes; creating s. 414.156, F.S.;
4	providing a definition; providing for the establishment of
5	a state-funded benefit program subject to the availability
6	of funds; providing for eligibility for benefits;
7	providing for termination of benefits; providing for the
8	creation of a public awareness campaign; providing a
9	contingent effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Section 414.156, Florida Statutes, is created
14	to read:
15	414.156  Interim benefit program for immigrant victims of
16	human trafficking and other crimes.--
17	(1)  The federal Victims of Trafficking and Violence
18	Protection Act of 2000, Pub. L. No. 106-386, makes victims of
19	human trafficking and other serious crimes who are non-United
20	States citizens eligible to receive benefits and services to the
21	same extent as refugees once the victims become certified by the
22	United States Department of Health and Human Services or have
23	been granted U-visa interim relief. Other benefits may not be
24	available to those individuals before federal eligibility has
25	been determined; therefore, subject to the availability of
26	funds, the department shall establish an interim state-funded
27	benefit program for immigrant victims of human trafficking,
28	domestic violence, and other serious crimes.
29	(2)  For purposes of this section, "immigrant victims of
30	human trafficking, domestic violence, and other serious crimes"
31	includes both of the following:
32	(a)  Individuals who have filed, or are preparing to file,
33	an application for T Nonimmigrant status under 8 U.S.C. s.
34	1101(a)(15)(T)(i) or (ii) or are otherwise taking steps to meet
35	the conditions to obtain certification or, in the case of
36	persons under 18 years of age, have a letter of eligibility from
37	the United States Department of Health and Human Services.
38	(b)  Individuals who have filed, or are preparing to file,
39	an application for U Nonimmigrant status under 8 U.S.C. s.
40	1101(a)(15)(U)(i) or (ii) or are otherwise taking steps to be
41	granted U-visa interim relief.
42	(3)  Immigrant victims of human trafficking, domestic
43	violence, and other serious crimes shall be eligible for state-
44	funded benefits to the same extent as individuals who are
45	admitted to the United States as refugees under 8 U.S.C. s. 1157
46	under the following circumstances:
47	(a)  For human trafficking victims on behalf of whom law
48	enforcement officials have not yet filed for continued presence
49	or who have not yet filed an application for a visa, benefits
50	issued pursuant to this section shall be available for up to 1
51	year and shall continue after that date only if an application
52	for continued presence or an application for a visa is filed
53	within the 1-year period.
54	(b)  For victims of domestic violence and other serious
55	crimes on behalf of whom law enforcement officials have not yet
56	provided certification or who have not yet filed an application
57	for interim relief, benefits issued pursuant to this section
58	shall be available for up to 1 year and shall continue after
59	that date only if an application for U-visa interim relief is
60	filed within the 1-year period.
61	(c)  An immigrant victim who is issued a visa or granted
62	interim relief shall become ineligible for state-funded benefits
63	under this section and may receive federal benefits under the
64	provisions of 8 U.S.C. s. 1522 or any other federal program for
65	which the immigrant victim may be eligible.
66	(d)  An immigrant victim who has received a final
67	administrative denial of a visa application under 8 U.S.C. s.
68	1101(a)(15)(T)(i) or (ii) or 8 U.S.C. s. 1101(a)(15)(U)(i) or
69	(ii) shall become ineligible for state-funded benefits under
70	this section.
71	(4)  For purposes of this section:
72	(a)  In determining whether an applicant for benefits under
73	this section has been a victim of human trafficking, domestic
74	violence, or other serious crimes, the state agency shall
75	consider all relevant and credible evidence. A sworn statement
76	by a victim, or a representative if the victim is not able to
77	competently swear, shall be sufficient if at least one item of
78	additional evidence is also provided, including, but not limited
79	to, any of the following:
80	1.  Police, government agency, or court records or files.
81	2.  News articles.
82	3.  Documentation from a social services, trafficking, or
83	domestic violence program or a legal, clinical, medical, or
84	other professional from whom the victim has sought assistance in
85	dealing with the crime.
86	4.  A statement from any other individual with knowledge of
87	the circumstances that provided the basis for the claim.
88	5.  Physical evidence.
89	6.  A copy of a completed visa application or application
90	for U-visa interim relief.
91	7.  Written notice from the federal agency of receipt of
92	the visa application or application for U-visa interim relief.
93	(b)  If the victim cannot provide additional evidence, the
94	sworn statement shall be sufficient if the state agency makes a
95	determination documented in the case file that the applicant is
96	credible.
97	(5)  Subject to the availability of funds, the department
98	may develop a public awareness campaign for employers and other
99	organizations that may come into contact with immigrant victims
100	of human trafficking in order to provide education and raise
101	awareness of the problem.
102	Section 2.  This act shall take effect July 1, 2007, only
103	if a specific appropriation to fund the provisions of the act is
104	made in the 2007-2008 General Appropriations Act.

CODING: Words stricken are deletions; words underlined are additions.