Florida Senate - 2018 SB 338
By Senator Bracy
11-00274-18 2018338__
1 A bill to be entitled
2 An act relating to victims of human trafficking;
3 creating s. 509.210, F.S.; requiring the Division of
4 Hotels and Restaurants of the Department of Business
5 and Professional Regulation, in consultation with the
6 Attorney General and state and national lodging
7 associations, to adopt by rule one or more educational
8 programs to train employees in the identification and
9 reporting of suspected human trafficking activity;
10 requiring that the rule require the operator of a
11 public lodging establishment to train employees within
12 a certain period after their hiring or by a certain
13 date and to maintain documentation of such training;
14 authorizing the division to impose administrative
15 sanctions; creating s. 787.061, F.S.; providing a
16 short title; creating s. 787.062, F.S.; defining
17 terms; creating s. 787.063, F.S.; providing
18 legislative findings; creating a civil cause of action
19 for victims of human trafficking against a trafficker
20 or facilitator; providing procedures and requirements
21 for bringing a claim; requiring a court to impose a
22 civil penalty against a defendant if a victim
23 prevails; requiring a court to impose a civil penalty
24 and award it equitably to one or more law enforcement
25 agencies under certain circumstances; providing that
26 such actions are not subject to a statute of
27 limitations; providing for administration of the Trust
28 Fund for Victims of Human Trafficking and Prevention
29 by the Department of Legal Affairs; requiring the
30 Department of Law Enforcement to recommend one or more
31 educational programs designed to train employees of
32 public lodging establishments in the identification
33 and reporting of suspected human trafficking;
34 providing that the owner or operator of a public
35 lodging establishment may not be held vicariously
36 liable if certain employees complete such educational
37 programs in accordance with specified provisions;
38 providing exemptions; creating s. 787.064, F.S.;
39 requiring the Department of Legal Affairs to issue an
40 annual report to the Legislature which includes
41 specified information, by a specified date; amending
42 s. 960.196, F.S.; increasing the allowable time for
43 the filing of a claim for relocation assistance by a
44 victim of human trafficking; providing an effective
45 date.
46
47 Be It Enacted by the Legislature of the State of Florida:
48
49 Section 1. Section 509.210, Florida Statutes, is created to
50 read:
51 509.210 Training of public lodging establishment employees
52 regarding human trafficking.—In consultation with the Attorney
53 General and state and national lodging associations, the
54 division shall adopt by rule one or more educational programs
55 designed to train employees of public lodging establishments in
56 the identification and reporting of suspected human trafficking
57 activity. The operator of a public lodging establishment may
58 also adopt its own educational program for this purpose, which
59 must be submitted to the division and approved for the
60 operator’s use. The division must approve such a program for the
61 use of the operator and its affiliated establishments if it
62 determines that the program is at least as comprehensive and
63 effective as programs adopted by the division by rule. The rule
64 must require the operator of each public lodging establishment
65 to train all employees using an approved educational program by
66 July 1, 2019, or, for employees hired on or after that date,
67 within 30 days after hiring, and to maintain documentation of
68 such training for routine inspection. If the operator fails to
69 comply with the rule, the division may impose administrative
70 sanctions pursuant to s. 509.261.
71 Section 2. Section 787.061, Florida Statutes, is created to
72 read:
73 787.061 Short title.—Sections 787.061-787.066 may be cited
74 as the “Civil Action for Victims of Human Trafficking and
75 Prevention of Human Trafficking Act.”
76 Section 3. Section 787.062, Florida Statutes, is created to
77 read:
78 787.062 Definitions for the Civil Action for Victims of
79 Human Trafficking and Prevention of Human Trafficking Act.—As
80 used in ss. 787.061-787.066, the term:
81 (1) “Facilitator” means a person who knowingly, or in
82 willful blindness, assists or provides goods or services to a
83 trafficker which assist or enable the trafficker to carry out
84 human trafficking.
85 (2) “Human trafficking” has the same meaning as provided in
86 s. 787.06.
87 (3) “Trafficker” means any person who knowingly engages in
88 human trafficking, attempts to engage in human trafficking, or
89 benefits financially by receiving anything of value from
90 participation in a venture that has subjected a person to human
91 trafficking.
92 (4) “Trust fund” means the Trust Fund for Victims of Human
93 Trafficking and Prevention created in s. 787.066.
94 (5) “Venture” has the same meaning as in s. 787.06.
95 (6) “Victim of human trafficking” means a person subjected
96 to coercion, as defined in s. 787.06, for the purpose of being
97 used in human trafficking, a child under 18 years of age
98 subjected to human trafficking, or a person subjected to human
99 trafficking as defined by federal law.
100 (7) “Willful blindness” occurs when a person’s suspicions
101 are aroused by a particular fact or circumstance yet, while
102 realizing that his or her suspicions may be correct, the person
103 deliberately refrains from confirming or acting on his or her
104 suspicions, preferring to remain in ignorance, when such
105 knowledge can reasonably and fairly be imputed to that person.
106 Section 4. Section 787.063, Florida Statutes, is created to
107 read:
108 787.063 Civil action for victims of human trafficking.—
109 (1) FINDINGS.—The Legislature finds that, to achieve the
110 state’s intent relating to human trafficking set forth in s.
111 787.06(1)(d), it is necessary to provide a civil cause of action
112 for the recovery of compensatory and punitive damages.
113 (2) CIVIL CAUSE OF ACTION.—
114 (a) A victim of human trafficking has a civil cause of
115 action against the trafficker or facilitator of human
116 trafficking who victimized him or her, and may recover damages
117 for such victimization as provided in this section.
118 (b) The action may be brought in any court of competent
119 jurisdiction and the standard of proof is a preponderance of the
120 evidence.
121 (c) If the victim’s parent or legal guardian knowingly, or
122 through willful blindness, participated in the human
123 trafficking, such person is not entitled to any award of damages
124 or benefit therefrom.
125 (d) A victim who prevails in any such action is entitled to
126 recover economic and noneconomic damages, penalties, punitive
127 damages, reasonable attorney fees, reasonable investigative
128 expenses, and costs.
129 1. The measure of economic damages for services or labor
130 coerced from the victim of human trafficking is the greater of
131 the fair market value of the labor or services provided or the
132 amount realized by the trafficker. For purposes of this
133 subparagraph, the terms “labor” and “services” have the same
134 meanings as provided in s. 787.06.
135 2. The measure of economic damages for every day that the
136 human trafficking was ongoing shall be calculated as a daily
137 amount of the compensation payable to a person under s.
138 961.06(1)(a).
139 3. Economic damages also include past and future medical
140 and mental health expenses; repatriation expenses, when a victim
141 elects repatriation; and all other reasonable costs and expenses
142 incurred by the victim in the past or projected to be incurred
143 by the victim in the future as a result of the human
144 trafficking.
145 4. Noneconomic damages shall be calculated as in a tort
146 action.
147 5. Reasonable attorney fees and reasonable investigative
148 expenses, and costs related to this action, may not exceed 25
149 percent of the total awarded in the action.
150 (e) The remedies provided in this section are in addition
151 to and cumulative with other legal and administrative remedies
152 available to victims of human trafficking, except that a victim
153 may not recover under both this section and s. 772.104(2).
154 (f) If a victim prevails in an action under this section,
155 in addition to any other award imposed, the court must impose a
156 civil penalty of $100,000 against the defendant. This penalty is
157 in addition to, and not in lieu of, any other damage award. The
158 civil penalty must be assessed by the court and may not be
159 disclosed to the jury. Proceeds from the civil penalty must be
160 deposited into the trust fund.
161 (g) If one or more law enforcement agencies rescued the
162 victim or located the property upon which the abuse or
163 exploitation of a victim or victims occurred, the court must
164 impose a civil penalty of $50,000 against the defendant and
165 award the penalty to the law enforcement agencies to fund future
166 efforts to combat human trafficking. The court must equitably
167 distribute the civil penalty among the law enforcement agencies.
168 (h) The court may consolidate civil actions for the same
169 trafficker or facilitator for the purpose of case resolution and
170 aggregate jurisdiction.
171 (i) A civil action brought under this section shall be
172 tolled during the pendency of any criminal prosecution that
173 forms the basis for the civil action. The civil action shall be
174 tolled until all appeals have been exhausted.
175 (3) STATUTE OF LIMITATIONS.—There is no statute of
176 limitations for actions brought pursuant to this section.
177 (4) TRUST FUND.—The Department of Legal Affairs shall
178 administer the Trust Fund for Victims of Human Trafficking and
179 Prevention as created in s. 787.066.
180 (5) EXEMPTIONS.—
181 (a) Damages are not recoverable under this section against
182 the state or its agencies, instrumentalities, subdivisions, or
183 municipalities.
184 (b) An employer may not be held liable under this section
185 if the employer trains its employees in the identification and
186 reporting of suspected human trafficking activity in compliance
187 with s. 509.210. However, any employee engaged in criminal
188 activity may be held personally liable under this section.
189 Section 5. Section 787.064, Florida Statutes, is created to
190 read:
191 787.064 Annual Report on the Civil Action for Victims of
192 Human Trafficking and Prevention of Human Trafficking Act.—The
193 Department of Legal Affairs shall issue an annual report no
194 later than October 1 of each year to the President of the Senate
195 and the Speaker of the House of Representatives detailing for
196 the prior fiscal year all of the following:
197 (1) The status of the trust fund.
198 (2) Any information that demonstrates the council’s
199 fulfillment of the purposes of the trust fund during the prior
200 fiscal year.
201 Section 6. Paragraph (b) of subsection (2) of section
202 960.196, Florida Statutes, is amended to read:
203 960.196 Relocation assistance for victims of human
204 trafficking.—
205 (2) In order for an award to be granted to a victim for
206 relocation assistance:
207 (b) The crime must be reported to the proper authorities
208 and the claim must be filed within 2 years 1 year, or 3 2 years
209 with good cause, after the date of the last human trafficking
210 offense, as described in s. 787.06(3)(b), (d), (f), or (g). In a
211 case that exceeds the 3 2-year requirement due to an active and
212 ongoing investigation, a state attorney, statewide prosecutor,
213 or federal prosecutor may certify in writing a human trafficking
214 victim’s need to relocate from an unsafe environment due to the
215 threat of future violence which is directly related to the human
216 trafficking offense.
217 Section 7. This act shall take effect October 1, 2018.