Florida Senate - 2023 SB 326
By Senator Osgood
32-00410-23 2023326__
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 definitions and defining terms;
5 revising criminal penalties to include fines of
6 certain amounts for violations of specified offenses;
7 requiring the prosecution of specified offenses under
8 the Florida RICO (Racketeer Influenced and Corrupt
9 Organization) Act; requiring the Department of
10 Education and Department of Health, in conjunction
11 with the Statewide Council on Human Trafficking, to
12 establish an awareness training program and community
13 partnership on human trafficking, sex trafficking,
14 labor trafficking, and child trafficking; requiring
15 each state attorney to ensure prosecutors receive
16 certain mandatory semiannual educational training;
17 requiring each state attorney’s office to document and
18 maintain attendance and completion records on such
19 training for a certain period of time; requiring each
20 state attorney to adopt a pro-prosecution policy for
21 human trafficking offenses; providing an effective
22 date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 787.06, Florida Statutes, is amended to
27 read:
28 787.06 Human trafficking.—
29 (1)(a) The Legislature finds that human trafficking is a
30 form of modern-day slavery. Victims of human trafficking are
31 young children, teenagers, and adults. Approximately 800,000
32 Thousands of victims are trafficked annually across
33 international borders worldwide. Many of these victims are
34 trafficked into this state. Victims of human trafficking also
35 include citizens of the United States and those persons
36 trafficked domestically within the borders of the United States.
37 The Legislature finds that victims of human trafficking are
38 subjected to force, fraud, or coercion for the purpose of sexual
39 exploitation or forced labor.
40 (b) The Legislature finds that while many victims of human
41 trafficking are forced to work in prostitution or the sexual
42 entertainment industry, trafficking also occurs in forms of
43 labor exploitation, such as domestic servitude or foreign labor
44 contracts in, restaurant work, janitorial work, sweatshop
45 factory work, and migrant agricultural work.
46 (c) The Legislature finds that victims of human trafficking
47 are kidnapped, abducted, sexually abused, falsely imprisoned,
48 raped, stalked, assaulted, battered, or tortured or become
49 victims of incest or genital mutilation and that traffickers use
50 various techniques to instill fear in victims and to keep them
51 enslaved. Some traffickers keep their victims under lock and
52 key. However, the most frequently used practices are less
53 obvious techniques that include isolating victims from the
54 public and family members; confiscating passports, visas,
55 permanent resident cards, or other identification documents;
56 using or threatening to use violence toward victims or their
57 families; telling victims that they will be imprisoned or
58 deported for immigration violations if they contact authorities;
59 and controlling the victims’ funds by holding the money
60 ostensibly for safekeeping.
61 (d) The Legislature finds that human trafficking victims
62 are often charged with crimes due to their trafficking which
63 could include perjury, witness tampering, obstruction of
64 justice, peonage, conspiracy, and solicitation to the above
65 crimes and other related criminal activity.
66 (e) It is the intent of the Legislature that the
67 perpetrators of human trafficking be penalized to the fullest
68 extent allowable by law for their illegal conduct and that the
69 victims of trafficking be protected and assisted by this state
70 and its agencies. In furtherance of this policy, it is the
71 intent of the Legislature that the state Supreme Court, The
72 Florida Bar, and relevant state agencies prepare and implement
73 human trafficking training programs in order that judges,
74 attorneys, law enforcement personnel, investigators, and others
75 are able to identify traffickers and victims of human
76 trafficking and direct victims to appropriate agencies for
77 assistance. It is the intent of the Legislature that the
78 Department of Children and Families and other state agencies
79 cooperate with other state and federal agencies to ensure that
80 victims of human trafficking can access legal services, social
81 services, and benefits to alleviate their plight, including any
82 additional charges garnered during 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, abducting, kidnapping, isolating, or
88 confining or threatening to restrain, abduct, kidnap, isolate,
89 or confine any person directly or by deceit without lawful
90 authority and against her 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, lending or other
94 credit methods to establish a debt by any person when labor or
95 services are pledged as a security for the debt, if the value of
96 the labor or services as reasonably assessed is not applied
97 toward the liquidation of the debt, the length and nature of the
98 labor or services are not respectively limited and defined;
99 4. Destroying, concealing, removing, confiscating,
100 withholding, or possessing any actual or purported passport,
101 visa, permanent resident card, or other immigration document, or
102 any other actual or purported government identification
103 document, of any person directly or by deceit;
104 5. Causing or threatening to cause financial harm to any
105 person;
106 6. Enticing or luring any person by fraud or deceit; or
107 7. Providing a controlled substance as outlined in Schedule
108 I or Schedule II of s. 893.03 or using physical force or
109 coercion to make any person inject, ingest, or consume any
110 substance against their will for the purpose of exploitation of
111 that person.
112 (b) “Commercial sexual activity” means any violation of
113 chapter 796 or an attempt to commit any such offense, and
114 includes sexually explicit performances and the production of
115 pornography.
116 (c) “Financial harm” includes extortionate extension of
117 credit, loan sharking as defined in s. 687.071, or employment
118 contracts that violate the statute of frauds as provided in s.
119 725.01.
120 (d) “Human trafficking” means transporting, soliciting,
121 recruiting, harboring, providing, enticing, maintaining,
122 purchasing, patronizing, procuring, or obtaining another person
123 for the purpose of exploitation of that person or for subjection
124 to involuntary servitude, peonage, debt bondage, or slavery.
125 (e) “Labor” means work of economic or financial value.
126 (f) “Labor trafficking” means the recruitment, harboring,
127 transportation, provision, or obtaining of a person for labor or
128 services, through the use of force, fraud, or coercion for the
129 purpose of subjecting him or her to involuntary servitude,
130 peonage, debt bondage, or slavery.
131 (g) “Maintain” means, in relation to labor or services, to
132 secure or make possible continued performance thereof,
133 regardless of any initial agreement on the part of the victim to
134 perform such type service.
135 (h)(g) “Obtain” means, in relation to labor, commercial
136 sexual activity, or services, to receive, take possession of, or
137 take custody of another person or secure performance thereof.
138 (i)(h) “Services” means any act committed at the behest of,
139 under the supervision of, or for the benefit of another. The
140 term includes, but is not limited to, forced marriage,
141 servitude, or the removal of organs.
142 (j) “Sex trafficking” means the recruitment, harboring,
143 transportation, provision, obtaining, patronizing, or soliciting
144 of a person for the purposes of a commercial sex act, in which
145 the commercial sex act is induced by force, fraud, or coercion,
146 or in which the person induced to perform such sex act has not
147 attained 18 years of age.
148 (k)(i) “Sexually explicit performance” means an act or
149 show, whether public or private, that is live, photographed,
150 recorded, or videotaped and intended to arouse or satisfy the
151 sexual desires or appeal to the prurient interest.
152 (l)(j) “Unauthorized alien” means an alien who is not
153 authorized under federal law to be employed in the United
154 States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall
155 be interpreted consistently with that section and any applicable
156 federal rules or regulations.
157 (m)(k) “Venture” means any group of two or more individuals
158 associated in fact, whether or not a legal entity.
159 (n) “Victim” means a person who has suffered direct or
160 indirect physical, emotional, or pecuniary harm as a result of
161 the commission of human trafficking.
162 (3) Any person who knowingly, or in reckless disregard of
163 the facts, engages in human trafficking, or attempts to engage
164 in human trafficking, or benefits financially by receiving
165 anything of value from participation in a venture, whether in
166 concert or separately, that has subjected a person to human
167 trafficking:
168 (a)1. For labor or services of any child younger than 18
169 years of age or an adult believed by the person to be a child
170 younger than 18 years of age commits a felony of the first
171 degree, punishable as provided in s. 775.082, s. 775.083, or s.
172 775.084, and shall be ordered to pay a fine of $100,000.
173 2. Using coercion for labor or services of an adult commits
174 a felony of the first degree, punishable as provided in s.
175 775.082, s. 775.083, or s. 775.084.
176 (b) Using coercion for commercial sexual activity of an
177 adult commits a felony of the first degree, punishable as
178 provided in s. 775.082, s. 775.083, or s. 775.084.
179 (c)1. For labor or services of any child younger than 18
180 years of age or an adult believed by the person to be a child
181 younger than 18 years of age who is an unauthorized alien
182 commits a felony of the first degree, punishable as provided in
183 s. 775.082, s. 775.083, or s. 775.084, and shall be ordered to
184 pay a fine of $100,000.
185 2. Using coercion for labor or services of an adult who is
186 an unauthorized alien commits a felony of the first degree,
187 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
188 (d) Using coercion for commercial sexual activity of an
189 adult who is an unauthorized alien commits a felony of the first
190 degree, punishable as provided in s. 775.082, s. 775.083, or s.
191 775.084, and shall be ordered to pay a fine of $50,000.
192 (e)1. For labor or services who does so by the transfer or
193 transport of any child younger than 18 years of age or an adult
194 believed by the person to be a child younger than 18 years of
195 age from outside this state to within this state commits a
196 felony of the first degree, punishable as provided in s.
197 775.082, s. 775.083, or s. 775.084, and shall be ordered to pay
198 a fine of $100,000.
199 2. Using coercion for labor or services who does so by the
200 transfer or transport of an adult from outside this state to
201 within this state commits a felony of the first degree,
202 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
203 (f)1. For commercial sexual activity who does so by the
204 transfer or transport of any child younger than 18 years of age
205 or an adult believed by the person to be a child younger than 18
206 years of age from outside this state to within this state
207 commits a felony of the first degree, punishable by imprisonment
208 for a term of years not exceeding life, or as provided in s.
209 775.082, s. 775.083, or s. 775.084, and shall be ordered to pay
210 a fine of $100,000.
211 2. Using coercion for commercial sexual activity who does
212 so by the transfer or transport of an adult from outside this
213 state to within this state commits a felony of the first degree,
214 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
215 and shall be ordered to pay a fine of $50,000.
216 (g) For commercial sexual activity in which any child
217 younger than 18 years of age or an adult believed by the person
218 to be a child younger than 18 years of age, or in which any
219 person who is mentally defective or mentally incapacitated as
220 those terms are defined in s. 794.011(1), is involved commits a
221 life felony, punishable as provided in s. 775.082(3)(a)6., s.
222 775.083, or s. 775.084, and shall be ordered to pay a fine of
223 $100,000.
224
225 For each instance of human trafficking of any individual under
226 this subsection, a separate crime is committed and a separate
227 punishment is authorized.
228 (4)(a) Any parent, legal guardian, or other person having
229 custody or control of a minor who sells or otherwise transfers
230 custody or control of such minor, or offers to sell or otherwise
231 transfer custody of such minor, with knowledge or in reckless
232 disregard of the fact that, as a consequence of the sale or
233 transfer, the minor will be subject to human trafficking commits
234 a life felony, punishable as provided in s. 775.082, s. 775.083,
235 or s. 775.084, and shall be ordered to pay a fine of $100,000.
236 (b) Any person who, for the purpose of committing or
237 facilitating an offense under this section, permanently brands,
238 or directs to be branded, a victim of an offense under this
239 section commits a second degree felony, punishable as provided
240 in s. 775.082, s. 775.083, or s. 775.084, and shall be ordered
241 to pay a fine of $60,000. For purposes of this subsection, the
242 term “permanently branded” means a mark on the individual’s body
243 that, if it can be removed or repaired at all, can only be
244 removed or repaired by surgical means, laser treatment, or other
245 medical procedure.
246 (c) Any act to acquire, control, or operate a business or
247 enterprise for income through bribery, money laundering,
248 obstructing justice or a criminal investigation, extortion,
249 dealing in obscene matter, or drug crimes that result from any
250 activity of human trafficking or labor trafficking crimes shall
251 be prosecuted as a Florida RICO (Racketeer Influenced and
252 Corrupt Organization) Act offense pursuant to chapter 895.
253 1. Any business entity that knowingly aids or is jointly
254 involved in, or which reasonably should have known it was aiding
255 or involved in, trafficking of persons for sex or labor is
256 civilly liable to a fine up to $1 million and an additional $1
257 million for each child found to be subject to sex trafficking or
258 labor trafficking.
259 2. Any business owner who uses his or her business to
260 facilitate sex trafficking or labor trafficking crimes is
261 subject to a penalty of up to 10 years in prison, and any
262 business license of such business is subject to revocation.
263 (5) The Criminal Justice Standards and Training Commission
264 shall establish standards for basic and advanced training
265 programs for law enforcement officers to identify, investigate,
266 and prevent in the subjects of investigating and preventing
267 human trafficking crimes. Every basic skills course required for
268 law enforcement officers to obtain initial certification must
269 include training on human trafficking crime prevention and
270 investigation.
271 (6) The Department of Education and Department of Health,
272 in conjunction with the Statewide Council on Human Trafficking,
273 shall establish an awareness training program and community
274 partnership on human trafficking, sex trafficking, labor
275 trafficking, and child trafficking to provide educators,
276 students, and social service centers with trauma-informed
277 practices, safety plans, campus and Internet security, risks,
278 indicators, presentations, and resources that are age
279 appropriate for students in K-12 and nurses in educational
280 facilities.
281 (7) Each state attorney shall develop standards of
282 instruction for prosecutors to receive mandatory educational
283 training on the investigation and prosecution of human
284 trafficking crimes and shall provide for semiannual periodic and
285 timely instruction, of which each respective state attorney’s
286 office shall document and maintain attendance and completion
287 records by prosecutors for a period of 7 years to ensure
288 compliance.
289 (8)(7) Any real property or personal property that was
290 used, attempted to be used, or intended to be used in violation
291 of any provision of this section may be seized and shall be
292 forfeited subject to the provisions of the Florida Contraband
293 Forfeiture Act.
294 (9)(8) The degree of an offense shall be reclassified as
295 follows if a person causes great bodily harm, permanent
296 disability, or permanent disfigurement to another person during
297 the commission of an offense under this section:
298 (a) A felony of the second degree shall be reclassified as
299 a felony of the first degree.
300 (b) A felony of the first degree shall be reclassified as a
301 life felony.
302 (10)(9) In a prosecution under this section, the
303 defendant’s ignorance of the victim’s age, the victim’s
304 misrepresentation of his or her age, or the defendant’s bona
305 fide belief of the victim’s age cannot be raised as a defense.
306 (11)(a)(10)(a) Information about the location of a
307 residential facility offering services for adult victims of
308 human trafficking involving commercial sexual activity, which is
309 held by an agency, as defined in s. 119.011, is confidential and
310 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
311 Constitution. This exemption applies to such confidential and
312 exempt information held by an agency before, on, or after the
313 effective date of the exemption.
314 (b) Information about the location of a residential
315 facility offering services for adult victims of human
316 trafficking involving commercial sexual activity may be provided
317 to an agency, as defined in s. 119.011, as necessary to maintain
318 health and safety standards and to address emergency situations
319 in the residential facility.
320 (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I
321 of the State Constitution provided in this subsection do not
322 apply to facilities licensed by the Agency for Health Care
323 Administration.
324 (12)(11) A victim’s lack of chastity or the willingness or
325 consent of a victim is not a defense to prosecution under this
326 section if the victim was under 18 years of age at the time of
327 the offense.
328 (13)(12) The Legislature encourages Each state attorney
329 shall to adopt a pro-prosecution policy for human trafficking
330 offenses, as provided in this section. After consulting the
331 victim, or making a good faith attempt to consult the victim,
332 the state attorney shall determine the filing, nonfiling, fines,
333 or diversion of criminal charges even in circumstances when
334 there is no cooperation from a victim or over the objection of
335 the victim, if necessary.
336 Section 2. This act shall take effect October 1, 2023.