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1
2 An act relating to anti-human trafficking; amending s.
3 16.618, F.S.; extending the future repeal date of the
4 direct-support organization for the Statewide Council
5 on Human Trafficking; amending ss. 394.875, 456.0341,
6 and 480.043, F.S.; revising the hotline telephone
7 number to be included on human trafficking awareness
8 signs; amending s. 509.096, F.S.; deleting obsolete
9 provisions; revising the hotline telephone number to
10 be included on human trafficking awareness signs;
11 amending s. 562.13, F.S.; revising applicability of
12 provisions governing the employment of minors by
13 vendors licensed under the Beverage Law; amending s.
14 787.06, F.S.; requiring nongovernmental entities
15 contracting with governmental entities to attest that
16 they do not use coercion for labor or services;
17 defining the term "governmental entity"; amending s.
18 787.29, F.S.; revising the hotline telephone number to
19 be included on human trafficking awareness signs;
20 creating s. 787.30, F.S.; defining terms; prohibiting
21 the employment of persons younger than 21 years of age
22 in adult entertainment establishments; providing
23 criminal penalties; requiring adult entertainment
24 establishments to check identification of
25 entertainers; specifying forms of identification that
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26 may be used; prohibiting the raising of specified
27 arguments as a defense in a prosecution for certain
28 violations; providing an effective date.
29
30 WHEREAS, Florida is ranked third nationally for
31 reported cases of human trafficking abuses, many of
32 which involved sex trafficking, and
33 WHEREAS, adult entertainment establishments are
34 widely recognized as being a significant part of the
35 sex trafficking network used by traffickers to coerce
36 and facilitate men, women, and children into
37 performing sexual acts, which places the employees of
38 these establishments in direct and frequent contact
39 with the victims of human trafficking, and
40 WHEREAS, victims of sex trafficking are
41 frequently recruited to work as performers or
42 employees in adult entertainment establishments, and
43 WHEREAS, researchers have found that sex
44 trafficking victims are more likely to be trafficked
45 by someone from within her or his own community, and
46 WHEREAS, persons younger than 21 years of age are
47 more likely to still remain within and dependent on
48 the community in which they were raised, and
49 WHEREAS, research studies have identified the
50 average age at which a person in the United States
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51 enters the sex trade for the first time as 17 years of
52 age, and
53 WHEREAS, sex trade at adult entertainment
54 establishments is a common occurrence in Florida,
55 thereby subjecting performers at these establishments
56 to frequent propositions and enticements to engage in
57 sex trade actions and sex trafficking from customer s,
58 as well as strip club employees, managers, and owners,
59 and
60 WHEREAS, an understanding of history and human
61 nature reveals that there are sex criminals of various
62 kinds who will prey on the young and vulnerable, and
63 WHEREAS, restricting the employment of persons
64 younger than 21 years of age at adult entertainment
65 establishments furthers an important state interest of
66 protecting those vulnerable individuals from sex
67 trafficking, drug abuse, and other harm, and
68 WHEREAS, many court opinions recognize that,
69 while expressive activities are entitled to some First
70 Amendment protections at adult entertainment
71 establishments, content-neutral restrictions or
72 regulations intended to minimize the secondary harmful
73 effects of those businesses tend to be upheld, and
74 WHEREAS, on November 16, 2018, the federal Fifth
75 Circuit Court of Appeals, in the case of Jane Doe I v.
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76 Landry, 909 F.3d 99 (5th Cir. 2018), upheld a
77 Louisiana law that prohibited establishments licensed
78 to serve alcohol from employing nearly nude
79 entertainers younger than 21 years of age on the
80 grounds that the law furthered the state's interests
81 in curbing human trafficking and prostitution, and
82 WHEREAS, the federal district court in Valadez v.
83 Paxton, 553 F.Supp.3d 387 (W.D. Tex. 2021), denied a
84 motion for a preliminary injunction against the
85 enforcement of Texas Senate Bill 315 prohibiting "all
86 working relationships between 18-20-year-olds and
87 sexually-oriented businesses" because the plaintiffs
88 failed to show that the age restrictions were not
89 rationally related to the state's interest in curbing
90 human trafficking, and
91 WHEREAS, the federal district court in DC
92 Operating, LLC v. Paxton, 586 F.Supp.3d 554 (W.D. Tex.
93 2022), denied a motion for a preliminary injunction
94 against Texas Senate Bill 315, at least in part,
95 because of the state's evidence of the correlation
96 between raising the minimum employment age and
97 reducing human trafficking, and
98 WHEREAS, the federal district court in Wacko's
99 Too, Inc., v. City of Jacksonville, 658 F.Supp.3d 1086
100 (M.D. Fla. 2023), upheld age restrictions in a City of
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101 Jacksonville ordinance requiring performers at adult
102 entertainment establishments to be at least 21 years
103 of age based, at least in part, on evidence that there
104 was a reasonable basis to believe that the age
105 restrictions would further the city's interest in
106 preventing human and sex trafficking, NOW, THEREFORE,
107
108 Be It Enacted by the Legislature of the State of Florida:
109
110 Section 1. Subsection (12) of section 16.618, Florida
111 Statutes, is amended to read:
112 16.618 Direct-support organization.—
113 (12) This section is repealed October 1, 2029 2024, unless
114 reviewed and saved from repeal by the Legislature.
115 Section 2. Paragraph (b) of subsection (8) of section
116 394.875, Florida Statutes, is amended to read:
117 394.875 Crisis stabilization units, residential treatment
118 facilities, and residential treatment centers for children and
119 adolescents; authorized services; license required. —
120 (8)
121 (b) Residential treatment centers for children and
122 adolescents must conspicuously place signs on their premises to
123 warn children and adolescents of the dangers of human
124 trafficking and to encourage the reporting of individuals
125 observed attempting to engage in human trafficking activity. The
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126 signs must contain the telephone number for the Florida Human
127 Trafficking Hotline, 1-855-FLA-SAFE, the National Human
128 Trafficking Hotline or such other number that the Department of
129 Law Enforcement uses to detect and stop human trafficking. The
130 department, in consultation with the agency, shall specify, at a
131 minimum, the content of the signs by rule.
132 Section 3. Subsection (3) of section 456.0341, Florida
133 Statutes, is amended to read:
134 456.0341 Requirements for instruction on human
135 trafficking.—The requirements of this section apply to each
136 person licensed or certified under chapter 457; chapter 458;
137 chapter 459; chapter 460; chapter 461; chapter 463; chapter 465;
138 chapter 466; part II, part III, part V, or part X of chapter
139 468; chapter 480; or chapter 486.
140 (3) By January 1, 2025 2021, the licensees or
141 certificateholders shall post in their place of work in a
142 conspicuous place accessible to employees a sign at least 11
143 inches by 15 inches in size, printed in a clearly legible font
144 and in at least a 32-point type, which substantially states in
145 English and Spanish:
146
147 "If you or someone you know is being forced to engage
148 in an activity and cannot leave, whether it is
149 prostitution, housework, farm work, factory work,
150 retail work, restaurant work, or any other activity,
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151 call the Florida Human Trafficking Hotline, 1-855-FLA-
152 SAFE, the National Human Trafficking Resource Center
153 at 888-373-7888 or text INFO or HELP to 233-733 to
154 access help and services. Victims of slavery and human
155 trafficking are protected under United States and
156 Florida law."
157
158 Section 4. Subsection (13) of section 480.043, Florida
159 Statutes, is amended to read:
160 480.043 Massage establishments; requisites; licensure;
161 inspection; human trafficking awareness training and policies.—
162 (13) By January 1, 2025 2021, a massage establishment
163 shall implement a procedure for reporting suspected human
164 trafficking to the Florida Human Trafficking Hotline, 1-855-FLA-
165 SAFE, the National Human Trafficking Hotline or to a local law
166 enforcement agency and shall post in a conspicuous place in the
167 establishment which is accessible to employees a sign with the
168 relevant provisions of the reporting procedure.
169 Section 5. Subsections (1) and (3) of section 509.096,
170 Florida Statutes, are amended to read:
171 509.096 Human trafficking awareness training and policies
172 for employees of public lodging establishments; enforcement.—
173 (1) A public lodging establishment shall:
174 (a) Provide annual training regarding human trafficking
175 awareness to employees of the establishment who perform
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176 housekeeping duties in the rental units or who work at the front
177 desk or reception area where guests ordinarily check in or check
178 out. Such training must also be provided for new employees
179 within 60 days after they begin their employment in those roles ,
180 or by January 1, 2021, whichever occurs later. Each employee
181 must submit to the hiring establishment a signed and dated
182 acknowledgment of having received the training, which the
183 establishment must provide to the Department of Business and
184 Professional Regulation upon request. The establishment may keep
185 such acknowledgment electronically.
186 (b) By January 1, 2021, Implement a procedure for the
187 reporting of suspected human trafficking to the National Human
188 Trafficking Hotline or to a local law enforcement agency.
189 (c) By January 1, 2025 2021, post in a conspicuous
190 location in the establishment which is accessible to employees a
191 human trafficking public awareness sign at least 11 inches by 15
192 inches in size, printed in an easily legible font and in at
193 least 32-point type, which states in English and Spanish and any
194 other language predominantly spoken in that area which the
195 department deems appropriate substantially the following:
196
197 "If you or someone you know is being forced to engage
198 in an activity and cannot leave, whether it is
199 prostitution, housework, farm work, factory work,
200 retail work, restaurant work, or any other activity,
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201 call the Florida Human Trafficking Hotline, 1-855-FLA-
202 SAFE, the National Human Trafficking Resource Center
203 at 888-373-7888 or text INFO or HELP to 233-733 to
204 access help and services. Victims of slavery and human
205 trafficking are protected under United States and
206 Florida law."
207
208 (3) For a violation committed on or after July 1, 2023,
209 The division shall impose an administrative fine of $2,000 per
210 day on a public lodging establishment that is not in compliance
211 with this section and remit the fines to the direct -support
212 organization established under s. 16.618, unless the division
213 receives adequate written documentation from the public lodging
214 establishment which provides assurance that each deficiency will
215 be corrected within 45 days after the division provide