Florida Senate - 2021                             CS for SB 1826
       
       
        
       By the Committee on Criminal Justice; and Senator Diaz
       
       
       
       
       
       591-03238-21                                          20211826c1
    1                        A bill to be entitled                      
    2         An act relating to human trafficking; creating s.
    3         90.5034, F.S.; defining terms; providing the
    4         circumstances under which certain communications are
    5         confidential; creating a human trafficking victim
    6         advocate-victim privilege; specifying who may claim
    7         such privilege; providing training requirements for
    8         human trafficking victim advocates and trained
    9         volunteers; amending s. 787.06, F.S.; revising the
   10         definitions of the terms “human trafficking” and
   11         “obtain”; prohibiting a person from engaging in
   12         specified criminal acts relating to human trafficking
   13         with an adult believed to be a child younger than 18
   14         years of age; providing criminal penalties; reenacting
   15         ss. 39.01305(3), 464.013(3)(c), 775.21(4)(a),
   16         943.0435(1)(h), 943.0583(1)(a), and 944.606(1)(f),
   17         F.S., relating to appointment of an attorney for a
   18         dependent child with certain special needs, renewal of
   19         license or certificate, the Florida Sexual Predators
   20         Act, sexual offenders required to register with the
   21         department and penalties, human trafficking victim
   22         expunction, and sexual offenders and notification upon
   23         release, respectively, to incorporate the amendment
   24         made to s. 787.06, F.S., in references thereto;
   25         providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 90.5034, Florida Statutes, is created to
   30  read:
   31         90.5034 Human trafficking victim advocate-victim
   32  privilege.—
   33         (1)For purposes of this section:
   34         (a)An “anti-trafficking organization” is any public or
   35  private agency that offers assistance to victims of human
   36  trafficking as defined in s. 787.06.
   37         (b)A “human trafficking victim advocate” is any employee
   38  of an anti-trafficking organization whose primary purpose is the
   39  provision of advice, counseling, or services to victims of human
   40  trafficking and who complies with the training requirements
   41  under subsection (4).
   42         (c)A “trained volunteer” is a person who volunteers with
   43  an anti-trafficking organization and who complies with the
   44  training requirements under subsection (4).
   45         (d)A “victim” is a person who consults a human trafficking
   46  victim advocate or a trained volunteer for the purpose of
   47  securing advice, counseling, or services concerning any need
   48  arising from an experience relating to being a victim of human
   49  trafficking.
   50         (e)A communication between a human trafficking victim
   51  advocate or trained volunteer and a victim is “confidential” if
   52  it is not intended to be disclosed to third persons other than:
   53         1.Those persons present to further the interest of the
   54  victim in the consultation, examination, or interview.
   55         2.Those persons necessary for the transmission of the
   56  communication.
   57         3.Those persons to whom disclosure is reasonably necessary
   58  to accomplish the purposes for which the human trafficking
   59  victim advocate or trained volunteer is consulted.
   60         (2)A victim has a privilege to refuse to disclose, and to
   61  prevent any other person from disclosing, a confidential
   62  communication made by the victim to a human trafficking victim
   63  advocate or trained volunteer or any record made in the course
   64  of advising, counseling, or providing services to the victim.
   65  Such confidential communication or record may be disclosed only
   66  with the prior written consent of the victim. This privilege
   67  includes any advice given by the human trafficking victim
   68  advocate or trained volunteer in the course of that
   69  relationship.
   70         (3)The privilege under subsection (2) may be claimed by:
   71         (a)The victim or the victim’s attorney on his or her
   72  behalf.
   73         (b)A guardian or conservator of the victim.
   74         (c)The personal representative of a deceased victim.
   75         (d)The human trafficking victim advocate or trained
   76  volunteer, but only if claiming such privilege on behalf of the
   77  victim. The authority of a human trafficking victim advocate or
   78  trained volunteer to claim the privilege is presumed in the
   79  absence of evidence to the contrary.
   80         (4)A human trafficking victim advocate or a trained
   81  volunteer shall:
   82         (a)Complete 24 hours of human trafficking training
   83  delivered by the Office of the Attorney General, the Bureau of
   84  Criminal Justice Programs and Victim Services, and the Florida
   85  Crime Prevention Training Institute; and
   86         (b)To maintain his or her designation, complete an 8-hour
   87  Human Trafficking Update course within 3 years after the date of
   88  his or her original designation.
   89         Section 2. Paragraphs (d) and (g) of subsection (2) and
   90  paragraphs (a), (c), (e), (f), and (g) of subsection (3) of
   91  section 787.06, Florida Statutes, are amended to read:
   92         787.06 Human trafficking.—
   93         (2) As used in this section, the term:
   94         (d) “Human trafficking” means transporting, soliciting,
   95  recruiting, harboring, providing, enticing, maintaining,
   96  purchasing, patronizing, procuring, or obtaining another person
   97  for the purpose of exploitation of that person.
   98         (g) “Obtain” means, in relation to labor, commercial sexual
   99  activity, or services, to receive, take possession of, or take
  100  custody of another person or secure performance thereof.
  101         (3) Any person who knowingly, or in reckless disregard of
  102  the facts, engages in human trafficking, or attempts to engage
  103  in human trafficking, or benefits financially by receiving
  104  anything of value from participation in a venture that has
  105  subjected a person to human trafficking:
  106         (a)1. For labor or services of any child younger than 18
  107  years of under the age or an adult believed by the person to be
  108  a child younger than of 18 years of age commits a felony of the
  109  first degree, punishable as provided in s. 775.082, s. 775.083,
  110  or s. 775.084.
  111         2. Using coercion for labor or services of an adult commits
  112  a felony of the first degree, punishable as provided in s.
  113  775.082, s. 775.083, or s. 775.084.
  114         (c)1. For labor or services of any child younger than 18
  115  years of under the age or an adult believed by the person to be
  116  a child younger than of 18 years of age who is an unauthorized
  117  alien commits a felony of the first degree, punishable as
  118  provided in s. 775.082, s. 775.083, or s. 775.084.
  119         2. Using coercion for labor or services of an adult who is
  120  an unauthorized alien commits a felony of the first degree,
  121  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  122         (e)1. For labor or services who does so by the transfer or
  123  transport of any child younger than 18 years of under the age or
  124  an adult believed by the person to be a child younger than of 18
  125  years of age from outside this state to within this the state
  126  commits a felony of the first degree, punishable as provided in
  127  s. 775.082, s. 775.083, or s. 775.084.
  128         2. Using coercion for labor or services who does so by the
  129  transfer or transport of an adult from outside this state to
  130  within this the state commits a felony of the first degree,
  131  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  132         (f)1. For commercial sexual activity who does so by the
  133  transfer or transport of any child younger than 18 years of
  134  under the age or an adult believed by the person to be a child
  135  younger than of 18 years of age from outside this state to
  136  within this the state commits a felony of the first degree,
  137  punishable by imprisonment for a term of years not exceeding
  138  life, or as provided in s. 775.082, s. 775.083, or s. 775.084.
  139         2. Using coercion for commercial sexual activity who does
  140  so by the transfer or transport of an adult from outside this
  141  state to within this the state commits a felony of the first
  142  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  143  775.084.
  144         (g) For commercial sexual activity in which any child
  145  younger than 18 years of under the age or an adult believed by
  146  the person to be a child younger than of 18 years of age, or in
  147  which any person who is mentally defective or mentally
  148  incapacitated as those terms are defined in s. 794.011(1), is
  149  involved commits a life felony, punishable as provided in s.
  150  775.082(3)(a)6., s. 775.083, or s. 775.084.
  151  
  152  For each instance of human trafficking of any individual under
  153  this subsection, a separate crime is committed and a separate
  154  punishment is authorized.
  155         Section 3. For the purpose of incorporating the amendment
  156  made by this act to section 787.06, Florida Statutes, in a
  157  reference thereto, subsection (3) of section 39.01305, Florida
  158  Statutes, is reenacted to read:
  159         39.01305 Appointment of an attorney for a dependent child
  160  with certain special needs.—
  161         (3) An attorney shall be appointed for a dependent child
  162  who:
  163         (a) Resides in a skilled nursing facility or is being
  164  considered for placement in a skilled nursing home;
  165         (b) Is prescribed a psychotropic medication but declines
  166  assent to the psychotropic medication;
  167         (c) Has a diagnosis of a developmental disability as
  168  defined in s. 393.063;
  169         (d) Is being placed in a residential treatment center or
  170  being considered for placement in a residential treatment
  171  center; or
  172         (e) Is a victim of human trafficking as defined in s.
  173  787.06(2)(d).
  174         Section 4. For the purpose of incorporating the amendment
  175  made by this act to section 787.06, Florida Statutes, in a
  176  reference thereto, paragraph (c) of subsection (3) of section
  177  464.013, Florida Statutes, is reenacted to read:
  178         464.013 Renewal of license or certificate.—
  179         (3) The board shall by rule prescribe up to 30 hours of
  180  continuing education biennially as a condition for renewal of a
  181  license or certificate.
  182         (c) Notwithstanding the exemption in paragraph (a), as part
  183  of the maximum biennial continuing education hours required
  184  under this subsection, the board shall require each person
  185  licensed or certified under this chapter to complete a 2-hour
  186  continuing education course on human trafficking, as defined in
  187  s. 787.06(2). The continuing education course must consist of
  188  data and information on the types of human trafficking, such as
  189  labor and sex, and the extent of human trafficking; factors that
  190  place a person at greater risk of being a victim of human
  191  trafficking; public and private social services available for
  192  rescue, food, clothing, and shelter referrals; hotlines for
  193  reporting human trafficking which are maintained by the National
  194  Human Trafficking Resource Center and the United States
  195  Department of Homeland Security; validated assessment tools for
  196  identifying a human trafficking victim and general indicators
  197  that a person may be a victim of human trafficking; procedures
  198  for sharing information related to human trafficking with a
  199  patient; and referral options for legal and social services. All
  200  licensees must complete this course for every biennial licensure
  201  renewal on or after January 1, 2019.
  202         Section 5. For the purpose of incorporating the amendment
  203  made by this act to section 787.06, Florida Statutes, in a
  204  reference thereto, paragraph (a) of subsection (4) of section
  205  775.21, Florida Statutes, is reenacted to read:
  206         775.21 The Florida Sexual Predators Act.—
  207         (4) SEXUAL PREDATOR CRITERIA.—
  208         (a) For a current offense committed on or after October 1,
  209  1993, upon conviction, an offender shall be designated as a
  210  “sexual predator” under subsection (5), and subject to
  211  registration under subsection (6) and community and public
  212  notification under subsection (7) if:
  213         1. The felony is:
  214         a. A capital, life, or first degree felony violation, or
  215  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
  216  is a minor, or s. 794.011, s. 800.04, or s. 847.0145, or a
  217  violation of a similar law of another jurisdiction; or
  218         b. Any felony violation, or any attempt thereof, of s.
  219  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  220  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  221  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  222  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  223  s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s.
  224  847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if
  225  the court makes a written finding that the racketeering activity
  226  involved at least one sexual offense listed in this sub
  227  subparagraph or at least one offense listed in this sub
  228  subparagraph with sexual intent or motive; s. 916.1075(2); or s.
  229  985.701(1); or a violation of a similar law of another
  230  jurisdiction, and the offender has previously been convicted of
  231  or found to have committed, or has pled nolo contendere or
  232  guilty to, regardless of adjudication, any violation of s.
  233  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  234  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  235  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  236  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  237  s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  238  excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court
  239  makes a written finding that the racketeering activity involved
  240  at least one sexual offense listed in this sub-subparagraph or
  241  at least one offense listed in this sub-subparagraph with sexual
  242  intent or motive; s. 916.1075(2); or s. 985.701(1); or a
  243  violation of a similar law of another jurisdiction;
  244         2. The offender has not received a pardon for any felony or
  245  similar law of another jurisdiction that is necessary for the
  246  operation of this paragraph; and
  247         3. A conviction of a felony or similar law of another
  248  jurisdiction necessary to the operation of this paragraph has
  249  not been set aside in any postconviction proceeding.
  250         Section 6. For the purpose of incorporating the amendment
  251  made by this act to section 787.06, Florida Statutes, in
  252  references thereto, paragraph (h) of subsection (1) of section
  253  943.0435, Florida Statutes, is reenacted to read:
  254         943.0435 Sexual offenders required to register with the
  255  department; penalty.—
  256         (1) As used in this section, the term:
  257         (h)1. “Sexual offender” means a person who meets the
  258  criteria in sub-subparagraph a., sub-subparagraph b., sub
  259  subparagraph c., or sub-subparagraph d., as follows:
  260         a.(I) Has been convicted of committing, or attempting,
  261  soliciting, or conspiring to commit, any of the criminal
  262  offenses proscribed in the following statutes in this state or
  263  similar offenses in another jurisdiction: s. 393.135(2); s.
  264  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  265  the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former
  266  s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
  267  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
  268  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  269  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
  270  s. 895.03, if the court makes a written finding that the
  271  racketeering activity involved at least one sexual offense
  272  listed in this sub-sub-subparagraph or at least one offense
  273  listed in this sub-sub-subparagraph with sexual intent or
  274  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
  275  committed in this state which has been redesignated from a
  276  former statute number to one of those listed in this sub-sub
  277  subparagraph; and
  278         (II) Has been released on or after October 1, 1997, from
  279  the sanction imposed for any conviction of an offense described
  280  in sub-sub-subparagraph (I). For purposes of sub-sub
  281  subparagraph (I), a sanction imposed in this state or in any
  282  other jurisdiction includes, but is not limited to, a fine,
  283  probation, community control, parole, conditional release,
  284  control release, or incarceration in a state prison, federal
  285  prison, private correctional facility, or local detention
  286  facility;
  287         b. Establishes or maintains a residence in this state and
  288  who has not been designated as a sexual predator by a court of
  289  this state but who has been designated as a sexual predator, as
  290  a sexually violent predator, or by another sexual offender
  291  designation in another state or jurisdiction and was, as a
  292  result of such designation, subjected to registration or
  293  community or public notification, or both, or would be if the
  294  person were a resident of that state or jurisdiction, without
  295  regard to whether the person otherwise meets the criteria for
  296  registration as a sexual offender;
  297         c. Establishes or maintains a residence in this state who
  298  is in the custody or control of, or under the supervision of,
  299  any other state or jurisdiction as a result of a conviction for
  300  committing, or attempting, soliciting, or conspiring to commit,
  301  any of the criminal offenses proscribed in the following
  302  statutes or similar offense in another jurisdiction: s.
  303  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  304  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  305  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  306  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  307  s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133;
  308  s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
  309  s. 847.0145; s. 895.03, if the court makes a written finding
  310  that the racketeering activity involved at least one sexual
  311  offense listed in this sub-subparagraph or at least one offense
  312  listed in this sub-subparagraph with sexual intent or motive; s.
  313  916.1075(2); or s. 985.701(1); or any similar offense committed
  314  in this state which has been redesignated from a former statute
  315  number to one of those listed in this sub-subparagraph; or
  316         d. On or after July 1, 2007, has been adjudicated
  317  delinquent for committing, or attempting, soliciting, or
  318  conspiring to commit, any of the criminal offenses proscribed in
  319  the following statutes in this state or similar offenses in
  320  another jurisdiction when the juvenile was 14 years of age or
  321  older at the time of the offense:
  322         (I) Section 794.011, excluding s. 794.011(10);
  323         (II) Section 800.04(4)(a)2. where the victim is under 12
  324  years of age or where the court finds sexual activity by the use
  325  of force or coercion;
  326         (III) Section 800.04(5)(c)1. where the court finds
  327  molestation involving unclothed genitals;
  328         (IV) Section 800.04(5)(d) where the court finds the use of
  329  force or coercion and unclothed genitals; or
  330         (V) Any similar offense committed in this state which has
  331  been redesignated from a former statute number to one of those
  332  listed in this sub-subparagraph.
  333         2. For all qualifying offenses listed in sub-subparagraph
  334  1.d., the court shall make a written finding of the age of the
  335  offender at the time of the offense.
  336  
  337  For each violation of a qualifying offense listed in this
  338  subsection, except for a violation of s. 794.011, the court
  339  shall make a written finding of the age of the victim at the
  340  time of the offense. For a violation of s. 800.04(4), the court
  341  shall also make a written finding indicating whether the offense
  342  involved sexual activity and indicating whether the offense
  343  involved force or coercion. For a violation of s. 800.04(5), the
  344  court shall also make a written finding that the offense did or
  345  did not involve unclothed genitals or genital area and that the
  346  offense did or did not involve the use of force or coercion.
  347         Section 7. For the purpose of incorporating the amendment
  348  made by this act to section 787.06, Florida Statutes, in a
  349  reference thereto, paragraph (a) of subsection (1) of section
  350  943.0583, Florida Statutes, is reenacted to read:
  351         943.0583 Human trafficking victim expunction.—
  352         (1) As used in this section, the term:
  353         (a) “Human trafficking” has the same meaning as provided in
  354  s. 787.06.
  355         Section 8. For the purpose of incorporating the amendment
  356  made by this act to section 787.06, Florida Statutes, in a
  357  reference thereto, paragraph (f) of subsection (1) of section
  358  944.606, Florida Statutes, is reenacted to read:
  359         944.606 Sexual offenders; notification upon release.—
  360         (1) As used in this section, the term:
  361         (f) “Sexual offender” means a person who has been convicted
  362  of committing, or attempting, soliciting, or conspiring to
  363  commit, any of the criminal offenses proscribed in the following
  364  statutes in this state or similar offenses in another
  365  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
  366  787.02, or s. 787.025(2)(c), where the victim is a minor; s.
  367  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
  368  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
  369  former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
  370  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
  371  847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court
  372  makes a written finding that the racketeering activity involved
  373  at least one sexual offense listed in this paragraph or at least
  374  one offense listed in this paragraph with sexual intent or
  375  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
  376  committed in this state which has been redesignated from a
  377  former statute number to one of those listed in this subsection,
  378  when the department has received verified information regarding
  379  such conviction; an offender’s computerized criminal history
  380  record is not, in and of itself, verified information.
  381         Section 9. This act shall take effect July 1, 2021.