Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for HB 1301
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
               Floor: 1a/AD/3R         .                                
             03/09/2018 06:39 PM       .                                

       Senator Steube moved the following:
    1         Senate Amendment to Amendment (813382) (with title
    2  amendment)
    4         Delete lines 5 - 118
    5  and insert:
    6         Section 3. Effective January 1, 2019, section 787.061,
    7  Florida Statutes, is created to read:
    8         787.061 Civil actions by victims of human trafficking.—
    9         (1) FINDINGS.-The Legislature finds that, to achieve the
   10  intent of the Legislature relating to human trafficking
   11  expressed in s. 787.06(1)(d), it is necessary to provide a civil
   12  cause of action for the recovery of compensatory and punitive
   13  damages, attorney fees, and costs.
   14         (2) DEFINITIONS.—As used in this section, the term:
   15         (a) “Facilitator” means a person who knowingly, or in
   16  willful blindness, assists or provides resources or goods or
   17  services to a trafficker which assist or enable the trafficker
   18  to carry out human trafficking. The term does not include a
   19  person who facilitates human trafficking as a result of force,
   20  threat, or coercion.
   21         (b) “Human trafficking” has the same meaning as provided in
   22  s. 787.06.
   23         (c) “Trafficker” means any person who knowingly engages in
   24  human trafficking, attempts to engage in human trafficking, or
   25  benefits financially by receiving anything of value from
   26  participation in a venture that has subjected a person to human
   27  trafficking.
   28         (d) “Venture” means any group of two or more individuals
   29  associated in fact, whether or not a legal entity.
   30         (e) “Victim of human trafficking” means a person subjected
   31  to coercion, as defined in s. 787.06, for the purpose of being
   32  used in human trafficking; a child under 18 years of age
   33  subjected to human trafficking; or an individual subjected to
   34  human trafficking as defined by federal law.
   35         (f) “Willful blindness” exists when a person has knowledge
   36  of information that would raise suspicions in a reasonable
   37  person and he or she deliberately refrains from obtaining
   38  confirmation of or acting on the information because he or she
   39  wants to remain in ignorance, such that knowledge of the facts
   40  avoided can reasonably and fairly be imputed to the person who
   41  avoided confirming it.
   42         (3) CIVIL CAUSE OF ACTION.—
   43         (a) A victim of human trafficking has a civil cause of
   44  action against the trafficker or facilitator who victimized her
   45  or him and may recover damages as provided in this section.
   46         (b) The action may be brought in any court of competent
   47  jurisdiction, and the standard of proof is the greater weight of
   48  the evidence, but the standard of proof for punitive damages
   49  under this section is clear and convincing evidence.
   50         (c) A victim who prevails in any such action is entitled to
   51  recover economic and noneconomic damages, punitive damages,
   52  reasonable attorney fees, reasonable investigative expenses, and
   53  costs.
   54         1. Economic damages include, but are not limited to, past
   55  and future medical and mental health expenses; repatriation
   56  expenses, when a victim elects repatriation; and all other
   57  reasonable costs and expenses incurred by the victim in the past
   58  or estimated to be incurred by the victim in the future as a
   59  result of the human trafficking.
   60         2. Noneconomic damages include pain and suffering,
   61  inconvenience, physical impairment, mental anguish,
   62  disfigurement, loss of capacity for enjoyment of life, and other
   63  nonfinancial losses.
   64         (d) The remedies provided in this section are in addition
   65  to and cumulative with other legal and administrative remedies
   66  available to victims of human trafficking, except that a victim
   67  may not recover under this section and s. 772.104(2). If a
   68  parent or legal guardian knowingly or through willful blindness
   69  trafficked the victim, facilitated such trafficking, or
   70  otherwise participated in the human trafficking of the victim,
   71  such parent or legal guardian is not entitled to damages or
   72  distributions under this section.
   73         (e) If a victim prevails in an action under this section,
   74  and if one or more law enforcement agencies rescued the victim
   75  or stopped the abuse or exploitation of a victim on the property
   76  where it occurred, the court shall assess a civil penalty
   77  against the defendant in the amount of $50,000 and award the
   78  penalty to such law enforcement agencies to fund future efforts
   79  to combat human trafficking. This penalty is in addition to, and
   80  not in lieu of, any other damage award. The court shall
   81  equitably distribute this civil penalty among the law
   82  enforcement agencies. The entire $50,000 civil penalty shall be
   83  distributed to the law enforcement agencies unless the proceeds
   84  become subject to equitable distribution under paragraph (f).
   85         (f) If an action brought under this section is either
   86  settled before a jury verdict or the victim is unable to recover
   87  the full amount of the compensatory damages caused by the human
   88  trafficking, the court must determine the percentage of the
   89  victim’s damages that were recovered, after deducting a victim’s
   90  reasonable and necessary out-of-pocket expenses, but before
   91  attorney fees, and that same percentage of $50,000 must be paid
   92  from the recovery to the law enforcement agencies to fund future
   93  efforts to combat human trafficking if one or more law
   94  enforcement agencies are entitled to a civil penalty under
   95  paragraph (e).
   96         (g) The court shall have specific authority to consolidate
   97  civil actions for the same trafficker or facilitator for the
   98  purpose of case resolution and aggregate jurisdiction.
  100  ================= T I T L E  A M E N D M E N T ================
  101  And the title is amended as follows:
  102         Delete lines 233 - 239
  103  and insert:
  104         to impose a civil penalty under certain circumstances;
  105         providing that such actions are subject to