2023 Legislature                          SB 7064, 2nd Engrossed
    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; amending s. 787.06, F.S.; directing
    7         the proceeds from the sale of specified property to be
    8         allocated to pay restitution to human trafficking
    9         victims; specifying the allocation of proceeds if
   10         there are multiple human trafficking victims;
   11         specifying the allocation of any remaining proceeds;
   12         creating s. 787.061, F.S.; providing legislative
   13         findings; providing definitions; providing a civil
   14         cause of action for victims of human trafficking
   15         against certain entities or persons; providing
   16         procedures and requirements for claims; providing for
   17         damages, penalties, punitive damages, attorney fees,
   18         expenses, and costs; providing a statute of
   19         limitations; amending s. 796.07, F.S.; authorizing
   20         judicial circuits to establish educational programs
   21         for persons convicted of or charged with certain
   22         violations; specifying contents of such programs;
   23         providing that such programs may be offered by faith
   24         based providers; amending s. 943.17297, F.S.; revising
   25         requirements for law enforcement training in
   26         identifying and investigating human trafficking;
   27         creating s. 1004.343, F.S.; creating the Statewide
   28         Data Repository for Anonymous Human Trafficking Data
   29         at the University of South Florida; providing purposes
   30         of the data repository; specifying duties of
   31         university faculty and staff; designating required
   32         reporting entities; requiring specified information to
   33         be reported; providing for reporting; providing for
   34         future repeal; providing an effective date.
   36  Be It Enacted by the Legislature of the State of Florida:
   38         Section 1. Subsections (7) and (9) of section 95.11,
   39  Florida Statutes, are amended to read:
   40         95.11 Limitations other than for the recovery of real
   41  property.—Actions other than for recovery of real property shall
   42  be commenced as follows:
   43         (7) FOR INTENTIONAL TORTS BASED ON ABUSE.—An action founded
   44  on alleged abuse, as defined in s. 39.01, s. 415.102, or s.
   45  984.03;, or incest, as defined in s. 826.04; or an action
   46  brought pursuant to s. 787.061, may be commenced at any time
   47  within 7 years after the age of majority, or within 4 years
   48  after the injured person leaves the dependency of the abuser, or
   49  within 4 years from the time of discovery by the injured party
   50  of both the injury and the causal relationship between the
   51  injury and the abuse, whichever occurs later.
   53  16.—An action related to an act constituting a violation of s.
   54  794.011 or an action brought pursuant to s. 787.061 involving a
   55  victim who was under the age of 16 at the time of the act may be
   56  commenced at any time. This subsection applies to any such
   57  action other than one which would have been time barred on or
   58  before July 1, 2010.
   59         Section 2. Paragraph (d) of subsection (3) of section
   60  450.045, Florida Statutes, is amended, and paragraphs (a), (b),
   61  and (c) of that subsection are republished, to read:
   62         450.045 Proof of identity and age; posting of notices.—
   63         (3)(a) In order to provide the department and law
   64  enforcement agencies the means to more effectively identify,
   65  investigate, and arrest persons engaging in human trafficking,
   66  an adult theater, as defined in s. 847.001(2)(b), shall obtain
   67  proof of the identity and age of each of its employees or
   68  independent contractors, and shall verify the validity of the
   69  identification and age verification document with the issuer,
   70  before his or her employment or provision of services as an
   71  independent contractor.
   72         (b) The adult theater shall obtain and keep on record a
   73  photocopy of the person’s driver license or state or federal
   74  government-issued photo identification card, along with a record
   75  of the verification of the validity of the identification and
   76  age verification document with the issuer, during the entire
   77  period of employment or business relationship with the
   78  independent contractor and for at least 3 years after the
   79  employee or independent contractor ceases employment or the
   80  provision of services.
   81         (c) The department and its agents have the authority to
   82  enter during operating hours, unannounced and without prior
   83  notice, and inspect at any time a place or establishment covered
   84  by this subsection and to have access to age verification
   85  documents kept on file by the adult theater and such other
   86  records as may aid in the enforcement of this subsection.
   87         (d) A person who owns, operates, or manages an adult
   88  theater owner, operator, or manager who knowingly violates this
   89  subsection commits a felony of misdemeanor in the third first
   90  degree, punishable as provided in s. 775.082, or s. 775.083, or
   91  s. 775.084.
   92         Section 3. Subsection (7) of section 787.06, Florida
   93  Statutes, is amended to read:
   94         787.06 Human trafficking.—
   95         (7) Any real property or personal property that was used,
   96  attempted to be used, or intended to be used in violation of any
   97  provision of this section may be seized and shall be forfeited
   98  as provided by subject to the provisions of the Florida
   99  Contraband Forfeiture Act. After satisfying any liens on the
  100  property, the remaining proceeds from the sale of any property
  101  seized under this section and owned by a defendant convicted of
  102  a violation of this section must first be allocated to pay any
  103  order of restitution of a human trafficking victim in the
  104  criminal case for which the owner was convicted. If there are
  105  multiple human trafficking victims in the criminal case, the
  106  remaining proceeds must be allocated equally among the victims
  107  to pay restitution. If the proceeds are sufficient to pay any
  108  such order of restitution, any remaining proceeds must be
  109  disbursed as required by s. 932.7055(5)-(9).
  110         Section 4. Section 787.061, Florida Statutes, is created to
  111  read:
  112         787.061Civil actions by victims of human trafficking.—
  113         (1)FINDINGS.—The Legislature finds that it is necessary to
  114  provide a civil cause of action for the recovery of specified
  115  damages and costs in order to achieve the intent of the
  116  Legislature relating to human trafficking as expressed in s.
  117  787.06(1)(d).
  118         (2)DEFINITIONS.—As used in this section, the term:
  119         (a)“Human trafficking” has the same meaning as provided in
  120  s. 787.06(2).
  121         (b)“Victim of human trafficking” means a person subjected
  122  to coercion, as defined in s. 787.06(2), or by any other means,
  123  for the purpose of being used in human trafficking; a child
  124  under 18 years of age subjected to human trafficking; or an
  125  individual subjected to human trafficking as defined by federal
  126  law.
  127         (3)CIVIL CAUSE OF ACTION.—
  128         (a)A victim of human trafficking has a civil cause of
  129  action against an adult theater, as defined in s. 847.001(2)(b),
  130  or an owner, an operator, or a manager of such theater, that
  131  knowingly allows a victim of human trafficking to work, perform,
  132  or dance at the adult theater. Such victim may recover damages
  133  as provided in this section.
  134         (b)The action may be brought in any circuit court of
  135  competent jurisdiction in this state.
  136         (c)A victim who prevails in any such action may recover
  137  economic and noneconomic damages; punitive damages, as provided
  138  in ss. 768.72, 768.725, and 768.73; reasonable attorney fees;
  139  and costs.
  140         1.Economic damages include, but are not limited to, past
  141  and future medical and mental health expenses; repatriation
  142  expenses, when a victim elects repatriation; and all other
  143  reasonable costs and expenses incurred by the victim in the past
  144  or estimated to be incurred by the victim in the future as a
  145  result of the human trafficking.
  146         2.Noneconomic damages are nonfinancial losses that would
  147  not have occurred but for the victimization, and include pain
  148  and suffering, inconvenience, physical impairment, mental
  149  anguish, disfigurement, loss of capacity for enjoyment of life,
  150  and other nonfinancial losses.
  151         (d)The civil remedies provided for in this section do not
  152  preempt any other remedy or cause of action provided by law,
  153  except that a victim may not recover against the same defendant
  154  under both this section and s. 772.104(2).
  155         (e)If the factfinder determines a parent or legal guardian
  156  knowingly trafficked the victim, facilitated such trafficking,
  157  or otherwise participated in the human trafficking of the
  158  victim, the court may not allow such parent or legal guardian to
  159  receive any distribution of damages awarded under this section.
  160         (f)The court shall have specific authority to consolidate
  161  civil actions for the same defendant for the purpose of case
  162  resolution and aggregate jurisdiction.
  163         (4)STATUTE OF LIMITATIONS.—The statute of limitations as
  164  specified in s. 95.11(7) or (9), as applicable, governs an
  165  action brought under this section.
  166         Section 5. Paragraph (b) of subsection (5) of section
  167  796.07, Florida Statutes, is amended, subsection (8) is added to
  168  that section, and paragraph (f) of subsection (2) and paragraph
  169  (a) of subsection (5) of that section are republished, to read:
  170         796.07 Prohibiting prostitution and related acts.—
  171         (2) It is unlawful:
  172         (f) To solicit, induce, entice, or procure another to
  173  commit prostitution, lewdness, or assignation.
  174         (5)(a) A person who violates paragraph (2)(f) commits:
  175         1. A misdemeanor of the first degree for a first violation,
  176  punishable as provided in s. 775.082 or s. 775.083.
  177         2. A felony of the third degree for a second violation,
  178  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  179         3. A felony of the second degree for a third or subsequent
  180  violation, punishable as provided in s. 775.082, s. 775.083, or
  181  s. 775.084.
  182         (b) In addition to any other penalty imposed, the court
  183  shall order a person convicted of a violation of paragraph
  184  (2)(f) to:
  185         1. Perform 100 hours of community service.; and
  186         2. Pay for and attend an educational program as described
  187  in subsection (8), about the negative effects of prostitution
  188  and human trafficking, such as a sexual violence prevention
  189  education program, including such programs offered by faith
  190  based providers, if such a program exists programs exist in the
  191  judicial circuit in which the offender is sentenced.
  192         (8)(a)A judicial circuit may establish an educational
  193  program for persons convicted of or charged with a violation of
  194  paragraph (2)(f), to include education on:
  195         1.The relationship between demand for commercial sex and
  196  human trafficking.
  197         2.The impact of human trafficking on victims.
  198         3.Coercion, consent, and sexual violence.
  199         4.The health and legal consequences of commercial sex.
  200         5.The negative impact of commercial sex on prostituted
  201  persons and the community.
  202         6.The reasons and motivations for engaging in
  203  prostitution.
  204         (b)An educational program may include a program offered by
  205  a faith-based provider.
  206         Section 6. Section 943.17297, Florida Statutes, is amended
  207  to read:
  208         943.17297 Continuing employment Training in identifying and
  209  investigating human trafficking.—Within 1 year after beginning
  210  employment, Each certified law enforcement officer must
  211  successfully complete 4 hours of training in identifying and
  212  investigating human trafficking as part of the basic recruit
  213  training of the officer required in s. 943.13(9) or additional
  214  training required in s. 943.131(4). Completion of the training
  215  component may count toward the 40 hours of instruction for
  216  continued employment or appointment as a law enforcement officer
  217  required under s. 943.135. This training component must be
  218  completed by current law enforcement officers by July 1, 2022.
  219  The training must be developed by the commission in consultation
  220  with the Department of Legal Affairs and the Statewide Council
  221  on Human Trafficking. If an officer fails to complete the
  222  required training, his or her certification must be placed on
  223  inactive status until the employing agency notifies the
  224  commission that the officer has completed the training.
  225         Section 7. Section 1004.343, Florida Statutes, is created
  226  to read:
  227         1004.343Statewide Data Repository for Anonymous Human
  228  Trafficking Data.—
  229         (1)The University of South Florida Trafficking in Persons
  230  - Risk to Resilience Lab shall house and operate the state’s
  231  unified Statewide Data Repository for Anonymous Human
  232  Trafficking Data.
  233         (a)The purposes of the data repository are to:
  234         1.Collect and analyze anonymous human trafficking data to
  235  better understand the magnitude and trends in human trafficking
  236  in the state over time.
  237         2.Help evaluate the effectiveness of various state-funded
  238  initiatives to combat human trafficking to determine the impact
  239  of such initiatives and to use evidence-based decisionmaking in
  240  the determination of state investments in such initiatives.
  241         3.Inform statewide efforts among law enforcement agencies,
  242  state agencies, and other entities to combat human trafficking
  243  and apprehend and prosecute those persons responsible for human
  244  trafficking; and
  245         4.Better serve victims of human trafficking through
  246  evidence-based interventions that have proven effective.
  247         (b)University of South Florida faculty and staff assigned
  248  to the lab shall:
  249         1.Design, operate, maintain, and protect the integrity of
  250  the statewide human trafficking data repository.
  251         2.Design, in consultation with the Department of Law
  252  Enforcement and other law enforcement partners, and launch a
  253  user-friendly system for uploading anonymous human trafficking
  254  data to the repository in a manner that can be accomplished
  255  quickly and at no additional cost to the required reporting
  256  entities.
  257         3.Analyze such data to identify initiatives and
  258  interventions that worked best in combatting human trafficking,
  259  prosecuting individuals conducting human trafficking, and
  260  assisting victims of human trafficking.
  261         4.Work with law enforcement agencies and state agencies to
  262  report data on human trafficking investigations and prosecutions
  263  which can aid those agencies in combatting human trafficking and
  264  prosecuting those individuals responsible for human trafficking.
  265         (2)(a)The following agencies and organizations are
  266  considered required reporting entities under this section:
  267         1.Law enforcement agencies operating with state or local
  268  government tax proceeds, including, but not limited to,
  269  municipal police departments, county sheriff’s departments,
  270  county attorney’s offices, and state attorney’s offices.
  271         2.The Department of Law Enforcement and any other state
  272  agencies that hold any data related to human trafficking.
  273         3.Service providers and other nongovernmental
  274  organizations that serve victims of human trafficking through
  275  state or federal funding for such purpose.
  276         (b)Notwithstanding paragraph (a), any required reporting
  277  entity that submits the data required under subsection (3) from
  278  its local jurisdiction to the Department of Law Enforcement’s
  279  Uniform Crime Report (UCR) system or Florida Incident-Based
  280  Reporting System (FIBRS) may, but is not required to, submit any
  281  additional data to the statewide human trafficking data
  282  repository. However, the Department of Law Enforcement shall
  283  upload or otherwise share with the statewide human trafficking
  284  data repository, at least quarterly, the relevant data required
  285  by this section which has been reported by local jurisdictions
  286  to the UCR system and the FIBRS.
  287         (3)All of the following human trafficking data shall be
  288  submitted by required reporting entities to the statewide human
  289  trafficking data repository, unless such entity is exempt from
  290  the reporting under paragraph (2)(b):
  291         (a)The alleged offense that was being investigated or
  292  prosecuted and a description of the alleged prohibited conduct.
  293         (b)The age, gender, and race or ethnicity of each suspect
  294  and victim and the case number associated with that suspect and
  295  victim.
  296         (c)The date, time, and location of the alleged offense.
  297         (d)The type of human trafficking involved.
  298         (e)Any other related prosecution charges.
  299         (f)Information regarding any victim services organization
  300  or program to which the victim was referred, if available.
  301         (g)The disposition of the investigation or prosecution,
  302  regardless of its manner of disposition.
  303         (4)(a)A required reporting entity located in a county with
  304  a population of more than 500,000 must begin reporting its
  305  jurisdiction’s human trafficking data required by this section
  306  to the statewide human trafficking data repository, or to the
  307  UCR system or the FIBRS, on or before July 1, 2024, and at least
  308  quarterly each year thereafter.
  309         (b) A required reporting entity located in a county with a
  310  population of 500,000 or less must begin reporting its
  311  jurisdiction’s human trafficking data required by this section
  312  to the statewide human trafficking data repository, or to the
  313  UCR system or the FIBRS, on or before July 1, 2024, and at least
  314  biannually each year thereafter.
  315         (5) Beginning July 1, 2025, and annually thereafter, the
  316  University of South Florida Trafficking in Persons - Risk to
  317  Resilience Lab shall submit an annual report and analysis on its
  318  findings to the Governor, the Attorney General, the President of
  319  the Senate, and the Speaker of the House of Representatives.
  320         (6)This section is repealed July 1, 2026, unless reviewed
  321  and reenacted by the Legislature before that date.
  322         Section 8. This act shall take effect July 1, 2023.