Florida Senate - 2022 SB 1288
By Senator Rodriguez
39-01614-22 20221288__
1 A bill to be entitled
2 An act relating to civil actions by victims of human
3 trafficking; creating s. 787.061, F.S.; providing
4 legislative findings; defining terms; authorizing a
5 victim of human trafficking to bring a civil action
6 against specified persons or entities; specifying that
7 a victim of human trafficking who prevails in such an
8 action is entitled to recover specified damages,
9 penalties, fees, expenses, and costs; providing for
10 the calculation and inclusion of economic damages and
11 noneconomic damages; specifying the required standard
12 of proof; providing that there is no statute of
13 limitation for such civil actions; providing an
14 effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 787.061, Florida Statutes, is created to
19 read:
20 787.061 Civil actions by victims of human trafficking.—
21 (1) LEGISLATIVE FINDINGS.—The Legislature finds that, to
22 achieve the goals of the state relating to human trafficking as
23 specified in s. 787.06(1)(d), it is necessary to provide a civil
24 cause of action for the recovery of compensatory and punitive
25 damages and costs.
26 (2) DEFINITIONS.—As used in this section, the term:
27 (a) “Human trafficking” has the same meaning as in s.
28 787.06.
29 (b) “Labor” has the same meaning as in s. 787.06.
30 (c) “Services” has the same meaning as in s. 787.06.
31 (d) “Venture” has the same meaning as in s. 787.06.
32 (e) “Victim of human trafficking” means an individual
33 subjected to coercion as defined in s. 787.06 for the purpose of
34 being used in human trafficking, a child under 18 years of age
35 subjected to human trafficking, or an individual subjected to
36 human trafficking as defined by federal law.
37 (3) CIVIL CAUSE OF ACTION.—
38 (a) A victim of human trafficking may bring a civil action
39 against any person, business, entity, or organization that
40 knowingly, or with reckless disregard of the facts, engages or
41 attempts to engage in an act of human trafficking or benefits
42 financially by receiving anything of value from participation in
43 a venture that the person, business, entity, or organization
44 knew or should have known engaged in an act of human
45 trafficking.
46 (b) A victim of human trafficking who prevails in a civil
47 action is entitled to recover economic and noneconomic damages,
48 penalties, punitive damages, reasonable attorney fees,
49 reasonable investigative expenses, and costs.
50 1. The measure of economic damages for labor or services
51 coerced from the victim of human trafficking is the greater of
52 the fair market value of the labor or services provided or the
53 amount realized by the trafficker.
54 2. The measure of economic damages must be calculated as a
55 daily amount of the compensation payable to a person under s.
56 961.06(1)(a) for every day the victim was subject to human
57 trafficking.
58 3. Economic damages also include past and future medical
59 expenses and mental health expenses; repatriation expenses, if a
60 victim elects repatriation; loss of earning potential; and all
61 other reasonable costs and expenses incurred by the victim in
62 the past or estimated to be incurred by the victim in the future
63 as a result of the human trafficking.
64 4. Noneconomic damages are nonfinancial losses that would
65 not have occurred but for the victimization and include physical
66 harm, pain and suffering, psychological harm, physical
67 impairment, mental anguish, disfigurement, loss of capacity for
68 enjoyment of life, reputational harm, and other nonfinancial
69 losses.
70 (c) The action may be brought in any court of competent
71 jurisdiction, and the standard of proof is a preponderance of
72 the evidence.
73 (d) There is no statute of limitation for actions brought
74 pursuant to this section.
75 Section 2. This act shall take effect July 1, 2022.