Florida Senate - 2024 SB 374
By Senator Osgood
32-00358-24 2024374__
1 A bill to be entitled
2 An act relating to human trafficking; amending s.
3 787.06, F.S.; revising legislative intent and
4 findings; revising the definition of the term
5 “coercion”; authorizing the prosecution of specified
6 offenses under the Florida RICO (Racketeer Influenced
7 and Corrupt Organization) Act; requiring the
8 Department of Education and Department of Health, in
9 conjunction with the Statewide Council on Human
10 Trafficking, to establish an awareness training
11 program and community partnership on human
12 trafficking, sex trafficking, labor trafficking, and
13 child trafficking; requiring each state attorney’s
14 office to document and maintain attendance and
15 completion records of prosecutors’ training on the
16 investigation and prosecution of human trafficking
17 crimes for a certain period of time; requiring the
18 court to order restitution upon a defendant’s
19 conviction for specified offenses; providing
20 restitution order requirements; defining terms;
21 requiring each state attorney to adopt a pro
22 prosecution policy for human trafficking offenses;
23 amending s. 787.061, F.S.; conforming a cross
24 reference; providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Section 787.06, Florida Statutes, is amended to
29 read:
30 787.06 Human trafficking.—
31 (1)(a) The Legislature finds that human trafficking is a
32 form of modern-day slavery. Victims of human trafficking are
33 young children, teenagers, and adults. Approximately 800,000
34 Thousands of victims are trafficked annually across
35 international borders worldwide, including. Many of these
36 victims are trafficked into this state. Victims of human
37 trafficking also include citizens of the United States and those
38 persons trafficked domestically within the borders of the United
39 States. The Legislature finds that victims of human trafficking
40 are subjected to force, fraud, or coercion for the purpose of
41 sexual exploitation or forced labor.
42 (b) The Legislature finds that while many victims of human
43 trafficking are forced to work in prostitution or the sexual
44 entertainment industry, trafficking also occurs in forms of
45 labor exploitation, such as domestic servitude or foreign labor
46 contracts in, restaurant work, janitorial work, sweatshop
47 factory work, and migrant agricultural work.
48 (c) The Legislature finds that traffickers use various
49 techniques to instill fear in victims and to keep them enslaved.
50 Some traffickers keep their victims under lock and key. However,
51 the most frequently used practices are less obvious techniques
52 that include isolating victims from the public and family
53 members; confiscating passports, visas, permanent resident
54 cards, or other identification documents; using or threatening
55 to use violence toward victims or their families; telling
56 victims that they will be imprisoned or deported for immigration
57 violations if they contact authorities; and controlling the
58 victims’ funds by holding the money ostensibly for safekeeping.
59 (d) The Legislature finds that human trafficking victims
60 are often charged with crimes due to their being trafficked,
61 which may include prostitution, drug-related offenses,
62 panhandling, theft, perjury, witness tampering, obstruction of
63 justice, peonage, conspiracy, and solicitation to the above
64 crimes and other related criminal activity.
65 (e) It is the intent of the Legislature that the
66 perpetrators of human trafficking be penalized to the fullest
67 extent allowed by law for their illegal conduct and that the
68 victims of trafficking be protected and assisted by this state
69 and its agencies. In furtherance of this policy, it is the
70 intent of the Legislature that the state Supreme Court, The
71 Florida Bar, and relevant state agencies prepare and implement
72 human trafficking training programs in order that judges,
73 attorneys, law enforcement personnel, investigators, and others
74 are able to identify traffickers and victims of human
75 trafficking and direct victims to appropriate agencies for
76 assistance. It is the intent of the Legislature that the
77 Department of Children and Families and other state agencies
78 cooperate with other state and federal agencies to ensure that
79 victims of human trafficking can access legal services, social
80 services, and benefits to alleviate their plight, including the
81 expunction of criminal arrest records acquired as a result of
82 the victim’s trafficking.
83 (2) As used in this section, the term:
84 (a) “Coercion” means:
85 1. Using or threatening to use physical force against any
86 person;
87 2. Restraining, isolating, or confining or threatening to
88 restrain, isolate, or confine any person, regardless of whether
89 directly or by deceit, without lawful authority and against her
90 or his will;
91 3. Using federal financial institutions or credit unions in
92 person or on e-commerce social platforms to wire, transfer, or
93 launder proceeds gained from human trafficking, or using lending
94 or other credit methods to establish a debt by any person when
95 labor or services are pledged as a security for the debt, if the
96 value of the labor or services as reasonably assessed is not
97 applied toward the liquidation of the debt, the length and
98 nature of the labor or services are not respectively limited and
99 defined;
100 4. Destroying, concealing, removing, confiscating,
101 withholding, or possessing any actual or purported passport,
102 visa, permanent resident card, or other immigration document, or
103 any other actual or purported government identification
104 document, of any other person, regardless of whether directly or
105 by deceit;
106 5. Causing or threatening to cause financial harm to any
107 person;
108 6. Enticing or luring any person by fraud or deceit; or
109 7. Providing a controlled substance as outlined in Schedule
110 I or Schedule II of s. 893.03 or using physical force or
111 coercion to make any person inject, ingest, or consume any
112 substance against her or his will for the purpose of
113 exploitation of that person.
114 (b) “Commercial sexual activity” means any violation of
115 chapter 796 or an attempt to commit any such offense, and
116 includes sexually explicit performances and the production of
117 pornography.
118 (c) “Financial harm” includes extortionate extension of
119 credit, loan sharking as defined in s. 687.071, or employment
120 contracts that violate the statute of frauds as provided in s.
121 725.01.
122 (d) “Human trafficking” means transporting, soliciting,
123 recruiting, harboring, providing, enticing, maintaining,
124 purchasing, patronizing, procuring, or obtaining another person
125 for the purpose of exploitation of that person.
126 (e) “Labor” means work of economic or financial value.
127 (f) “Maintain” means, in relation to labor or services, to
128 secure or make possible continued performance thereof,
129 regardless of any initial agreement on the part of the victim to
130 perform such type service.
131 (g) “Obtain” means, in relation to labor, commercial sexual
132 activity, or services, to receive, take possession of, or take
133 custody of another person or secure performance thereof.
134 (h) “Services” means any act committed at the behest of,
135 under the supervision of, or for the benefit of another. The
136 term includes, but is not limited to, forced marriage,
137 servitude, or the removal of organs.
138 (i) “Sexually explicit performance” means an act or a show,
139 whether public or private, that is live, photographed, recorded,
140 or videotaped and intended to arouse or satisfy the sexual
141 desires or appeal to the prurient interest.
142 (j) “Unauthorized alien” means an alien who is not
143 authorized under federal law to be employed in the United
144 States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall
145 be interpreted consistently with that section and any applicable
146 federal rules or regulations.
147 (k) “Venture” means any group of two or more individuals
148 associated in fact, regardless of whether considered or not a
149 legal entity.
150 (3) Any person who knowingly, or in reckless disregard of
151 the facts, engages in human trafficking, or attempts to engage
152 in human trafficking, or benefits financially by receiving
153 anything of value from participation in a venture that,
154 regardless of whether in concert or separately, has subjected a
155 person to human trafficking:
156 (a)1. For labor or services of any child younger than 18
157 years of age or an adult believed by the person to be a child
158 younger than 18 years of age commits a felony of the first
159 degree, punishable as provided in s. 775.082, s. 775.083, or s.
160 775.084.
161 2. Using coercion for labor or services of an adult commits
162 a felony of the first degree, punishable as provided in s.
163 775.082, s. 775.083, or s. 775.084.
164 (b) Using coercion for commercial sexual activity of an
165 adult commits a felony of the first degree, punishable as
166 provided in s. 775.082, s. 775.083, or s. 775.084.
167 (c)1. For labor or services of any child younger than 18
168 years of age or an adult believed by the person to be a child
169 younger than 18 years of age who is an unauthorized alien
170 commits a felony of the first degree, punishable as provided in
171 s. 775.082, s. 775.083, or s. 775.084.
172 2. Using coercion for labor or services of an adult who is
173 an unauthorized alien commits a felony of the first degree,
174 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
175 (d) Using coercion for commercial sexual activity of an
176 adult who is an unauthorized alien commits a felony of the first
177 degree, punishable as provided in s. 775.082, s. 775.083, or s.
178 775.084.
179 (e)1. For labor or services who does so by the transfer or
180 transport of any child younger than 18 years of age or an adult
181 believed by the person to be a child younger than 18 years of
182 age from outside this state to within this state commits a
183 felony of the first degree, punishable as provided in s.
184 775.082, s. 775.083, or s. 775.084.
185 2. Using coercion for labor or services who does so by the
186 transfer or transport of an adult from outside this state to
187 within this state commits a felony of the first degree,
188 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
189 (f)1. For commercial sexual activity who does so by the
190 transfer or transport of any child younger than 18 years of age
191 or an adult believed by the person to be a child younger than 18
192 years of age from outside this state to within this state
193 commits a felony of the first degree, punishable by imprisonment
194 for a term of years not exceeding life, or as provided in s.
195 775.082, s. 775.083, or s. 775.084.
196 2. Using coercion for commercial sexual activity who does
197 so by the transfer or transport of an adult from outside this
198 state to within this state commits a felony of the first degree,
199 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
200 (g) For commercial sexual activity in which any child
201 younger than 18 years of age or an adult believed by the person
202 to be a child younger than 18 years of age, or in which any
203 person who is mentally defective or mentally incapacitated as
204 those terms are defined in s. 794.011(1), is involved commits a
205 life felony, punishable as provided in s. 775.082(3)(a)6., s.
206 775.083, or s. 775.084.
207
208 For each instance of human trafficking of any individual under
209 this subsection, a separate crime is committed and a separate
210 punishment is authorized.
211 (4)(a) Any parent, legal guardian, or other person having
212 custody or control of a minor who sells or otherwise transfers
213 custody or control of such minor, or offers to sell or otherwise
214 transfer custody of such minor, with knowledge or in reckless
215 disregard of the fact that, as a consequence of the sale or
216 transfer, the minor will be subject to human trafficking commits
217 a life felony, punishable as provided in s. 775.082, s. 775.083,
218 or s. 775.084.
219 (b) Any person who, for the purpose of committing or
220 facilitating an offense under this section, permanently brands,
221 or directs to be branded, a victim of an offense under this
222 section commits a second degree felony, punishable as provided
223 in s. 775.082, s. 775.083, or s. 775.084. For purposes of this
224 subsection, the term “permanently branded” means a mark on the
225 individual’s body that, if it can be removed or repaired at all,
226 can only be removed or repaired by surgical means, laser
227 treatment, or other medical procedure.
228 (c) Any act to acquire, control, or operate a business or
229 an enterprise for income through bribery, money laundering,
230 obstructing justice or a criminal investigation, extortion,
231 dealing in obscene matter, or drug crimes that result from any
232 activity of human trafficking or labor trafficking crimes may be
233 prosecuted as a Florida RICO (Racketeer Influenced and Corrupt
234 Organization) Act offense pursuant to chapter 895.
235 1. Any business entity that knowingly aids or is jointly
236 involved in, or which reasonably should have known it was aiding
237 or involved in, trafficking of persons for sex or labor is
238 civilly liable for a fine of up to $1 million and an additional
239 $1 million for each child found to be subject to sex trafficking
240 or labor trafficking.
241 2. Any business owner who uses her or his business to
242 facilitate sex trafficking or labor trafficking crimes is
243 subject to a penalty of up to 10 years in prison, and any
244 business license of such business is subject to revocation.
245 (5) The Criminal Justice Standards and Training Commission
246 shall establish standards for basic and advanced training
247 programs for law enforcement officers to identify, investigate,
248 and prevent in the subjects of investigating and preventing
249 human trafficking crimes. Every basic skills course required for
250 law enforcement officers to obtain initial certification must
251 include training on human trafficking crime prevention and
252 investigation.
253 (6) The Department of Education and Department of Health,
254 in conjunction with the Statewide Council on Human Trafficking,
255 shall establish an awareness training program and community
256 partnership on human trafficking, sex trafficking, labor
257 trafficking, and child trafficking to provide educators,
258 students, and social service centers with trauma-informed
259 practices, safety plans, campus and Internet security, risks,
260 indicators, presentations, and resources that are age
261 appropriate for students in grades K-12 and nurses in
262 educational facilities.
263 (7) Each state attorney shall develop standards of
264 instruction for prosecutors to receive training on the
265 investigation and prosecution of human trafficking crimes and
266 shall provide for periodic and timely instruction, of which each
267 respective state attorney’s office shall document and maintain
268 attendance and completion records by prosecutors for a period of
269 7 years to ensure compliance.
270 (8)(7) Any real property or personal property that was
271 used, attempted to be used, or intended to be used in violation
272 of this section may be seized and shall be forfeited as provided
273 by the Florida Contraband Forfeiture Act. After satisfying any
274 liens on the property, the remaining proceeds from the sale of
275 any property seized under this section and owned by a defendant
276 convicted of a violation of this section must first be allocated
277 to pay any order of restitution of a human trafficking victim in
278 the criminal case for which the owner was convicted. If there
279 are multiple human trafficking victims in the criminal case, the
280 remaining proceeds must be allocated equally among the victims
281 to pay restitution. If the proceeds are sufficient to pay any
282 such order of restitution, any remaining proceeds must be
283 disbursed as required by s. 932.7055(5)-(9).
284 (9) Notwithstanding any other law, and in addition to any
285 other civil or criminal penalties authorized by law, the court
286 shall order restitution upon a defendant’s conviction for any
287 offense under this section.
288 (a) The order of restitution under this section must direct
289 the defendant to pay the victim through the appropriate court
290 mechanism the full amount of the victim’s losses as determined
291 by the court.
292 (b) An order of restitution under this subsection must be
293 issued and enforced in accordance with 18 U.S.C. s. 3664 in the
294 same manner as an order under 18 U.S.C. s. 3663A. A victim must
295 receive restitution, notwithstanding that her or his earnings
296 came from illegal conduct.
297 (c) As used in this subsection, the term:
298 1. “Full amount of the victim’s losses” includes the
299 greater of the gross income or value to the defendant of the
300 victim’s services or labor or the value of the victim’s labor as
301 guaranteed under the minimum wage and overtime guarantees of the
302 Fair Labor Standards Act, 29 U.S.C. 201 et seq.
303 2. “Victim” means the individual harmed as a result of a
304 crime under this chapter, including a victim who is under 18
305 years of age, incompetent, incapacitated, or deceased; the legal
306 guardian of the victim or a representative of the victim’s
307 estate; or another family member or any other person appointed
308 as suitable by the court, but in no event may the defendant be
309 named such guardian or representative.
310 (10)(8) The degree of an offense must shall be reclassified
311 as follows if a person causes great bodily harm, permanent
312 disability, or permanent disfigurement to another person during
313 the commission of an offense under this section:
314 (a) A felony of the second degree must shall be
315 reclassified as a felony of the first degree.
316 (b) A felony of the first degree must shall be reclassified
317 as a life felony.
318 (11)(9) In a prosecution under this section, the
319 defendant’s ignorance of the victim’s age, the victim’s
320 misrepresentation of his or her or his age, or the defendant’s
321 bona fide belief of the victim’s age cannot be raised as a
322 defense.
323 (12)(a)(10)(a) Information about the location of a
324 residential facility offering services for adult victims of
325 human trafficking involving commercial sexual activity, which is
326 held by an agency, as defined in s. 119.011, is confidential and
327 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
328 Constitution. This exemption applies to such confidential and
329 exempt information held by an agency before, on, or after the
330 effective date of the exemption.
331 (b) Information about the location of a residential
332 facility offering services for adult victims of human
333 trafficking involving commercial sexual activity may be provided
334 to an agency, as defined in s. 119.011, as necessary to maintain
335 health and safety standards and to address emergency situations
336 in the residential facility.
337 (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I
338 of the State Constitution provided in this subsection do not
339 apply to facilities licensed by the Agency for Health Care
340 Administration.
341 (13)(11) A victim’s lack of chastity or the willingness or
342 consent of a victim is not a defense to prosecution under this
343 section if the victim was under 18 years of age at the time of
344 the offense.
345 (14)(12) The Legislature encourages Each state attorney
346 shall to adopt a pro-prosecution policy for human trafficking
347 offenses, as provided in this section. After consulting the
348 victim, or making a good faith attempt to consult the victim,
349 the state attorney shall determine the filing, nonfiling, fines,
350 or diversion of criminal charges even in circumstances when
351 there is no cooperation from a victim or over the objection of
352 the victim, if necessary.
353 Section 2. Subsection (1) of section 787.061, Florida
354 Statutes, is amended to read:
355 787.061 Civil actions by victims of human trafficking.—
356 (1) FINDINGS.—The Legislature finds that it is necessary to
357 provide a civil cause of action for the recovery of specified
358 damages and costs in order to achieve the intent of the
359 Legislature relating to human trafficking as expressed in s.
360 787.06(1)(e) s. 787.06(1)(d).
361 Section 3. This act shall take effect October 1, 2025.