Bill Text: FL S0374 | 2024 | Regular Session | Introduced


Bill Title: Human Trafficking

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-03-08 - Died in Criminal Justice [S0374 Detail]

Download: Florida-2024-S0374-Introduced.html
       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.

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