Florida Senate - 2023                                    SB 7064
       By the Committee on Fiscal Policy
       594-04112-23                                          20237064__
    1                        A bill to be entitled                      
    2         An act relating to human trafficking; amending s.
    3         95.11, F.S.; conforming provisions to changes made by
    4         the act; amending s. 450.045, F.S.; increasing
    5         criminal penalties for specified offenses involving
    6         adult theaters; creating s. 787.061, F.S.; providing
    7         legislative findings; providing definitions; providing
    8         a civil cause of action for victims of human
    9         trafficking against certain entities or persons;
   10         providing procedures and requirements for claims;
   11         providing for damages, penalties, punitive damages,
   12         attorney fees, expenses, and costs; providing a
   13         statute of limitations; amending s. 796.07, F.S.;
   14         authorizing judicial circuits to establish educational
   15         programs for persons convicted of or charged with
   16         certain violations; specifying contents of such
   17         programs; providing that such programs may be offered
   18         by faith-based providers; amending s. 943.17297, F.S.;
   19         revising requirements for law enforcement training in
   20         identifying and investigating human trafficking;
   21         creating s. 1004.343, F.S.; creating the Statewide
   22         Data Repository for Anonymous Human Trafficking Data
   23         at the University of South Florida; providing purposes
   24         of the data repository; specifying duties of
   25         university faculty and staff; designating required
   26         reporting entities; requiring specified information to
   27         be reported; providing for reporting; providing for
   28         future repeal; providing an effective date.
   30  Be It Enacted by the Legislature of the State of Florida:
   32         Section 1. Subsections (7) and (9) of section 95.11,
   33  Florida Statutes, are amended to read:
   34         95.11 Limitations other than for the recovery of real
   35  property.—Actions other than for recovery of real property shall
   36  be commenced as follows:
   37         (7) FOR INTENTIONAL TORTS BASED ON ABUSE.—An action founded
   38  on alleged abuse, as defined in s. 39.01, s. 415.102, or s.
   39  984.03;, or incest, as defined in s. 826.04; or an action
   40  brought pursuant to s. 787.061, may be commenced at any time
   41  within 7 years after the age of majority, or within 4 years
   42  after the injured person leaves the dependency of the abuser, or
   43  within 4 years from the time of discovery by the injured party
   44  of both the injury and the causal relationship between the
   45  injury and the abuse, whichever occurs later.
   47  16.—An action related to an act constituting a violation of s.
   48  794.011 or an action brought pursuant to s. 787.061 involving a
   49  victim who was under the age of 16 at the time of the act may be
   50  commenced at any time. This subsection applies to any such
   51  action other than one which would have been time barred on or
   52  before July 1, 2010.
   53         Section 2. Paragraph (d) of subsection (3) of section
   54  450.045, Florida Statutes, is amended, and paragraphs (a), (b),
   55  and (c) of that subsection are republished, to read:
   56         450.045 Proof of identity and age; posting of notices.—
   57         (3)(a) In order to provide the department and law
   58  enforcement agencies the means to more effectively identify,
   59  investigate, and arrest persons engaging in human trafficking,
   60  an adult theater, as defined in s. 847.001(2)(b), shall obtain
   61  proof of the identity and age of each of its employees or
   62  independent contractors, and shall verify the validity of the
   63  identification and age verification document with the issuer,
   64  before his or her employment or provision of services as an
   65  independent contractor.
   66         (b) The adult theater shall obtain and keep on record a
   67  photocopy of the person’s driver license or state or federal
   68  government-issued photo identification card, along with a record
   69  of the verification of the validity of the identification and
   70  age verification document with the issuer, during the entire
   71  period of employment or business relationship with the
   72  independent contractor and for at least 3 years after the
   73  employee or independent contractor ceases employment or the
   74  provision of services.
   75         (c) The department and its agents have the authority to
   76  enter during operating hours, unannounced and without prior
   77  notice, and inspect at any time a place or establishment covered
   78  by this subsection and to have access to age verification
   79  documents kept on file by the adult theater and such other
   80  records as may aid in the enforcement of this subsection.
   81         (d) A person who owns, operates, or manages an adult
   82  theater owner, operator, or manager who knowingly violates this
   83  subsection commits a felony of misdemeanor in the third first
   84  degree, punishable as provided in s. 775.082, or s. 775.083, or
   85  s. 775.084.
   86         Section 3. Section 787.061, Florida Statutes, is created to
   87  read:
   88         787.061Civil actions by victims of human trafficking.—
   89         (1)FINDINGS.—The Legislature finds that it is necessary to
   90  provide a civil cause of action for the recovery of specified
   91  damages and costs in order to achieve the intent of the
   92  Legislature relating to human trafficking as expressed in s.
   93  787.06(1)(d).
   94         (2)DEFINITIONS.—As used in this section, the term:
   95         (a)“Human trafficking” has the same meaning as provided in
   96  s. 787.06(2).
   97         (b)“Victim of human trafficking” means a person subjected
   98  to coercion, as defined in s. 787.06(2), or by any other means,
   99  for the purpose of being used in human trafficking; a child
  100  under 18 years of age subjected to human trafficking; or an
  101  individual subjected to human trafficking as defined by federal
  102  law.
  103         (3)CIVIL CAUSE OF ACTION.—
  104         (a)A victim of human trafficking has a civil cause of
  105  action against an adult theater, as defined in s. 847.001(2)(b),
  106  or an owner, an operator, or a manager of such theater, that
  107  knowingly allows a victim of human trafficking to work, perform,
  108  or dance at the adult theater. Such victim may recover damages
  109  as provided in this section.
  110         (b)The action may be brought in any circuit court of
  111  competent jurisdiction in this state.
  112         (c)A victim who prevails in any such action may recover
  113  economic and noneconomic damages; punitive damages, as provided
  114  in ss. 768.72, 768.725, and 768.73; reasonable attorney fees;
  115  and costs.
  116         1.Economic damages include, but are not limited to, past
  117  and future medical and mental health expenses; repatriation
  118  expenses, when a victim elects repatriation; and all other
  119  reasonable costs and expenses incurred by the victim in the past
  120  or estimated to be incurred by the victim in the future as a
  121  result of the human trafficking.
  122         2.Noneconomic damages are nonfinancial losses that would
  123  not have occurred but for the victimization, and include pain
  124  and suffering, inconvenience, physical impairment, mental
  125  anguish, disfigurement, loss of capacity for enjoyment of life,
  126  and other nonfinancial losses.
  127         (d)The civil remedies provided for in this section do not
  128  preempt any other remedy or cause of action provided by law,
  129  except that a victim may not recover against the same defendant
  130  under both this section and s. 772.104(2).
  131         (e)If the factfinder determines a parent or legal guardian
  132  knowingly trafficked the victim, facilitated such trafficking,
  133  or otherwise participated in the human trafficking of the
  134  victim, the court may not allow such parent or legal guardian to
  135  receive any distribution of damages awarded under this section.
  136         (f)The court shall have specific authority to consolidate
  137  civil actions for the same defendant for the purpose of case
  138  resolution and aggregate jurisdiction.
  139         (4)STATUTE OF LIMITATIONS.—The statute of limitations as
  140  specified in s. 95.11(7) or (9), as applicable, governs an
  141  action brought under this section.
  142         Section 4. Paragraph (b) of subsection (5) of section
  143  796.07, Florida Statutes, is amended, subsection (8) is added to
  144  that section, and paragraph (f) of subsection (2) and paragraph
  145  (a) of subsection (5) of that section are republished, to read:
  146         796.07 Prohibiting prostitution and related acts.—
  147         (2) It is unlawful:
  148         (f) To solicit, induce, entice, or procure another to
  149  commit prostitution, lewdness, or assignation.
  150         (5)(a) A person who violates paragraph (2)(f) commits:
  151         1. A misdemeanor of the first degree for a first violation,
  152  punishable as provided in s. 775.082 or s. 775.083.
  153         2. A felony of the third degree for a second violation,
  154  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  155         3. A felony of the second degree for a third or subsequent
  156  violation, punishable as provided in s. 775.082, s. 775.083, or
  157  s. 775.084.
  158         (b) In addition to any other penalty imposed, the court
  159  shall order a person convicted of a violation of paragraph
  160  (2)(f) to:
  161         1. Perform 100 hours of community service.; and
  162         2. Pay for and attend an educational program as described
  163  in subsection (8), about the negative effects of prostitution
  164  and human trafficking, such as a sexual violence prevention
  165  education program, including such programs offered by faith
  166  based providers, if such a program exists programs exist in the
  167  judicial circuit in which the offender is sentenced.
  168         (8)(a)A judicial circuit may establish an educational
  169  program for persons convicted of or charged with a violation of
  170  paragraph (2)(f), to include education on:
  171         1.The relationship between demand for commercial sex and
  172  human trafficking.
  173         2.The impact of human trafficking on victims.
  174         3.Coercion, consent, and sexual violence.
  175         4.The health and legal consequences of commercial sex.
  176         5.The negative impact of commercial sex on prostituted
  177  persons and the community.
  178         6.The reasons and motivations for engaging in
  179  prostitution.
  180         (b)An educational program may include a program offered by
  181  a faith-based provider.
  182         Section 5. Section 943.17297, Florida Statutes, is amended
  183  to read:
  184         943.17297 Continuing employment Training in identifying and
  185  investigating human trafficking.—Within 1 year after beginning
  186  employment, Each certified law enforcement officer must
  187  successfully complete 4 hours of training in identifying and
  188  investigating human trafficking as part of the basic recruit
  189  training of the officer required in s. 943.13(9) or additional
  190  training required in s. 943.131(4). Completion of the training
  191  component may count toward the 40 hours of instruction for
  192  continued employment or appointment as a law enforcement officer
  193  required under s. 943.135. This training component must be
  194  completed by current law enforcement officers by July 1, 2022.
  195  The training must be developed by the commission in consultation
  196  with the Department of Legal Affairs and the Statewide Council
  197  on Human Trafficking. If an officer fails to complete the
  198  required training, his or her certification must be placed on
  199  inactive status until the employing agency notifies the
  200  commission that the officer has completed the training.
  201         Section 6. Section 1004.343, Florida Statutes, is created
  202  to read:
  203         1004.343Statewide Data Repository for Anonymous Human
  204  Trafficking Data.—
  205         (1)The University of South Florida Trafficking in Persons
  206  - Risk to Resilience Lab shall house and operate the state’s
  207  unified Statewide Data Repository for Anonymous Human
  208  Trafficking Data.
  209         (a)The purposes of the data repository are to:
  210         1.Collect and analyze anonymous human trafficking data to
  211  better understand the magnitude and trends in human trafficking
  212  in the state over time.
  213         2.Help evaluate the effectiveness of various state-funded
  214  initiatives to combat human trafficking to determine the impact
  215  of such initiatives and to use evidence-based decisionmaking in
  216  the determination of state investments in such initiatives.
  217         3.Inform statewide efforts among law enforcement agencies,
  218  state agencies, and other entities to combat human trafficking
  219  and apprehend and prosecute those persons responsible for human
  220  trafficking; and
  221         4.Better serve victims of human trafficking through
  222  evidence-based interventions that have proven effective.
  223         (b)University of South Florida faculty and staff assigned
  224  to the lab shall:
  225         1.Design, operate, maintain, and protect the integrity of
  226  the statewide human trafficking data repository.
  227         2.Design, in consultation with the Department of Law
  228  Enforcement and other law enforcement partners, and launch a
  229  user-friendly system for uploading anonymous human trafficking
  230  data to the repository in a manner that can be accomplished
  231  quickly and at no additional cost to the required reporting
  232  entities.
  233         3.Analyze such data to identify initiatives and
  234  interventions that worked best in combatting human trafficking,
  235  prosecuting individuals conducting human trafficking, and
  236  assisting victims of human trafficking.
  237         4.Work with law enforcement agencies and state agencies to
  238  report data on human trafficking investigations and prosecutions
  239  which can aid those agencies in combatting human trafficking and
  240  prosecuting those individuals responsible for human trafficking.
  241         (2)(a)The following agencies and organizations are
  242  considered required reporting entities under this section:
  243         1.Law enforcement agencies operating with state or local
  244  government tax proceeds, including, but not limited to,
  245  municipal police departments, county sheriff’s departments,
  246  county attorney’s offices, and state attorney’s offices.
  247         2.The Department of Law Enforcement and any other state
  248  agencies that hold any data related to human trafficking.
  249         3.Service providers and other nongovernmental
  250  organizations that serve victims of human trafficking through
  251  state or federal funding for such purpose.
  252         (b)Notwithstanding paragraph (a), any required reporting
  253  entity that submits the data required under subsection (3) from
  254  its local jurisdiction to the Department of Law Enforcement’s
  255  Uniform Crime Report (UCR) system or Florida Incident-Based
  256  Reporting System (FIBRS) may, but is not required to, submit any
  257  additional data to the statewide human trafficking data
  258  repository. However, the Department of Law Enforcement shall
  259  upload or otherwise share with the statewide human trafficking
  260  data repository, at least quarterly, the relevant data required
  261  by this section which has been reported by local jurisdictions
  262  to the UCR system and the FIBRS.
  263         (3)All of the following human trafficking data shall be
  264  submitted by required reporting entities to the statewide human
  265  trafficking data repository, unless such entity is exempt from
  266  the reporting under paragraph (2)(b):
  267         (a)The alleged offense that was being investigated or
  268  prosecuted and a description of the alleged prohibited conduct.
  269         (b)The age, gender, and race or ethnicity of each suspect
  270  and victim and the case number associated with that suspect and
  271  victim.
  272         (c)The date, time, and location of the alleged offense.
  273         (d)The type of human trafficking involved.
  274         (e)Any other related prosecution charges.
  275         (f)Information regarding any victim services organization
  276  or program to which the victim was referred, if available.
  277         (g)The disposition of the investigation or prosecution,
  278  regardless of its manner of disposition.
  279         (4)(a)A required reporting entity located in a county with
  280  a population of more than 500,000 must begin reporting its
  281  jurisdiction’s human trafficking data required by this section
  282  to the statewide human trafficking data repository, or to the
  283  UCR system or the FIBRS, on or before July 1, 2023, and at least
  284  quarterly each year thereafter.
  285         (b)A required reporting entity located in a county with a
  286  population of 500,000 or less must begin reporting its
  287  jurisdiction’s human trafficking data required by this section
  288  to the statewide human trafficking data repository, or to the
  289  UCR system or the FIBRS, on or before July 1, 2024, and at least
  290  biannually each year thereafter.
  291         (5)Beginning July 1, 2024, and annually thereafter, the
  292  University of South Florida Trafficking in Persons - Risk to
  293  Resilience Lab shall submit an annual report and analysis on its
  294  findings to the Governor, the Attorney General, the President of
  295  the Senate, and the Speaker of the House of Representatives.
  296         (6)This section is repealed July 1, 2026, unless reviewed
  297  and reenacted by the Legislature before that date.
  298         Section 7. This act shall take effect July 1, 2023.