Bill Summary – FastDemocracy

       Florida Senate - 2023                                     SB 326
       
       
        
       By Senator Osgood
       
       
       
       
       
       32-00410-23                                            2023326__
                      A bill to be entitled                      
       An act relating to human trafficking; amending s.
       787.06, F.S.; revising legislative intent and
       findings; revising definitions and defining terms;
       revising criminal penalties to include fines of
       certain amounts for violations of specified offenses;
       requiring the prosecution of specified offenses under
       the Florida RICO (Racketeer Influenced and Corrupt
       Organization) Act; requiring the Department of
       Education and Department of Health, in conjunction
       with the Statewide Council on Human Trafficking, to
       establish an awareness training program and community
       partnership on human trafficking, sex trafficking,
       labor trafficking, and child trafficking; requiring
       each state attorney to ensure prosecutors receive
       certain mandatory semiannual educational training;
       requiring each state attorneyâs office to document and
       maintain attendance and completion records on such
       training for a certain period of time; requiring each
       state attorney to adopt a pro-prosecution policy for
       human trafficking offenses; providing an effective
       date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1.âSection 787.06, Florida Statutes, is amended to
read:
       787.06âHuman trafficking.â
       (1)(a)âThe Legislature finds that human trafficking is a
form of modern-day slavery. Victims of human trafficking are
young children, teenagers, and adults. Approximately 800,000
Thousands of victims are trafficked annually across
international borders worldwide. Many of these victims are
trafficked into this state. Victims of human trafficking also
include citizens of the United States and those persons
trafficked domestically within the borders of the United States.
The Legislature finds that victims of human trafficking are
subjected to force, fraud, or coercion for the purpose of sexual
exploitation or forced labor.
       (b)âThe Legislature finds that while many victims of human
trafficking are forced to work in prostitution or the sexual
entertainment industry, trafficking also occurs in forms of
labor exploitation, such as domestic servitude or foreign labor
contracts in, restaurant work, janitorial work, sweatshop
factory work, and migrant agricultural work.
       (c)âThe Legislature finds that victims of human trafficking
are kidnapped, abducted, sexually abused, falsely imprisoned,
raped, stalked, assaulted, battered, or tortured or become
victims of incest or genital mutilation and that traffickers use
various techniques to instill fear in victims and to keep them
enslaved. Some traffickers keep their victims under lock and
key. However, the most frequently used practices are less
obvious techniques that include isolating victims from the
public and family members; confiscating passports, visas,
permanent resident cards, or other identification documents;
using or threatening to use violence toward victims or their
families; telling victims that they will be imprisoned or
deported for immigration violations if they contact authorities;
and controlling the victimsâ funds by holding the money
ostensibly for safekeeping.
       (d)âThe Legislature finds that human trafficking victims
are often charged with crimes due to their trafficking which
could include perjury, witness tampering, obstruction of
justice, peonage, conspiracy, and solicitation to the above
crimes and other related criminal activity.
       (e)âIt is the intent of the Legislature that the
perpetrators of human trafficking be penalized to the fullest
extent allowable by law for their illegal conduct and that the
victims of trafficking be protected and assisted by this state
and its agencies. In furtherance of this policy, it is the
intent of the Legislature that the state Supreme Court, The
Florida Bar, and relevant state agencies prepare and implement
human trafficking training programs in order that judges,
attorneys, law enforcement personnel, investigators, and others
are able to identify traffickers and victims of human
trafficking and direct victims to appropriate agencies for
assistance. It is the intent of the Legislature that the
Department of Children and Families and other state agencies
cooperate with other state and federal agencies to ensure that
victims of human trafficking can access legal services, social
services, and benefits to alleviate their plight, including any
additional charges garnered during the victimâs trafficking.
       (2)âAs used in this section, the term:
       (a)ââCoercionâ means:
       1.âUsing or threatening to use physical force against any
person;
       2.âRestraining, abducting, kidnapping, isolating, or
confining or threatening to restrain, abduct, kidnap, isolate,
or confine any person directly or by deceit without lawful
authority and against her or his will;
       3.âUsing federal financial institutions or credit unions in
person or on e-commerce social platforms to wire, transfer, or
launder proceeds gained from human trafficking, lending or other
credit methods to establish a debt by any person when labor or
services are pledged as a security for the debt, if the value of
the labor or services as reasonably assessed is not applied
toward the liquidation of the debt, the length and nature of the
labor or services are not respectively limited and defined;
       4.âDestroying, concealing, removing, confiscating,
withholding, or possessing any actual or purported passport,
visa, permanent resident card, or other immigration document, or
any other actual or purported government identification
document, of any person directly or by deceit;
       5.âCausing or threatening to cause financial harm to any
person;
       6.âEnticing or luring any person by fraud or deceit; or
       7.âProviding a controlled substance as outlined in Schedule
I or Schedule II of s. 893.03 or using physical force or
coercion to make any person inject, ingest, or consume any
substance against their will for the purpose of exploitation of
that person.
       (b)ââCommercial sexual activityâ means any violation of
chapter 796 or an attempt to commit any such offense, and
includes sexually explicit performances and the production of
pornography.
       (c)ââFinancial harmâ includes extortionate extension of
credit, loan sharking as defined in s. 687.071, or employment
contracts that violate the statute of frauds as provided in s.
725.01.
       (d)ââHuman traffickingâ means transporting, soliciting,
recruiting, harboring, providing, enticing, maintaining,
purchasing, patronizing, procuring, or obtaining another person
for the purpose of exploitation of that person or for subjection
to involuntary servitude, peonage, debt bondage, or slavery.
       (e)ââLaborâ means work of economic or financial value.
       (f)ââLabor traffickingâ means the recruitment, harboring,
transportation, provision, or obtaining of a person for labor or
services, through the use of force, fraud, or coercion for the
purpose of subjecting him or her to involuntary servitude,
peonage, debt bondage, or slavery.
       (g)ââMaintainâ means, in relation to labor or services, to
secure or make possible continued performance thereof,
regardless of any initial agreement on the part of the victim to
perform such type service.
       (h)(g)ââObtainâ means, in relation to labor, commercial
sexual activity, or services, to receive, take possession of, or
take custody of another person or secure performance thereof.
       (i)(h)ââServicesâ means any act committed at the behest of,
under the supervision of, or for the benefit of another. The
term includes, but is not limited to, forced marriage,
servitude, or the removal of organs.
       (j)ââSex traffickingâ means the recruitment, harboring,
transportation, provision, obtaining, patronizing, or soliciting
of a person for the purposes of a commercial sex act, in which
the commercial sex act is induced by force, fraud, or coercion,
or in which the person induced to perform such sex act has not
attained 18 years of age.
       (k)(i)ââSexually explicit performanceâ means an act or
show, whether public or private, that is live, photographed,
recorded, or videotaped and intended to arouse or satisfy the
sexual desires or appeal to the prurient interest.
       (l)(j)ââUnauthorized alienâ means an alien who is not
authorized under federal law to be employed in the United
States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall
be interpreted consistently with that section and any applicable
federal rules or regulations.
       (m)(k)ââVentureâ means any group of two or more individuals
associated in fact, whether or not a legal entity.
       (n)ââVictimâ means a person who has suffered direct or
indirect physical, emotional, or pecuniary harm as a result of
the commission of human trafficking.
       (3)âAny person who knowingly, or in reckless disregard of
the facts, engages in human trafficking, or attempts to engage
in human trafficking, or benefits financially by receiving
anything of value from participation in a venture, whether in
concert or separately, that has subjected a person to human
trafficking:
       (a)1.âFor labor or services of any child younger than 18
years of age or an adult believed by the person to be a child
younger than 18 years of age commits a felony of the first
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, and shall be ordered to pay a fine of $100,000.
       2.âUsing coercion for labor or services of an adult commits
a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
       (b)âUsing coercion for commercial sexual activity of an
adult commits a felony of the first degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
       (c)1.âFor labor or services of any child younger than 18
years of age or an adult believed by the person to be a child
younger than 18 years of age who is an unauthorized alien
commits a felony of the first degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084, and shall be ordered to
pay a fine of $100,000.
       2.âUsing coercion for labor or services of an adult who is
an unauthorized alien commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
       (d)âUsing coercion for commercial sexual activity of an
adult who is an unauthorized alien commits a felony of the first
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, and shall be ordered to pay a fine of $50,000.
       (e)1.âFor labor or services who does so by the transfer or
transport of any child younger than 18 years of age or an adult
believed by the person to be a child younger than 18 years of
age from outside this state to within this state commits a
felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084, and shall be ordered to pay
a fine of $100,000.
       2.âUsing coercion for labor or services who does so by the
transfer or transport of an adult from outside this state to
within this state commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
       (f)1.âFor commercial sexual activity who does so by the
transfer or transport of any child younger than 18 years of age
or an adult believed by the person to be a child younger than 18
years of age from outside this state to within this state
commits a felony of the first degree, punishable by imprisonment
for a term of years not exceeding life, or as provided in s.
775.082, s. 775.083, or s. 775.084, and shall be ordered to pay
a fine of $100,000.
       2.âUsing coercion for commercial sexual activity who does
so by the transfer or transport of an adult from outside this
state to within this state commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
and shall be ordered to pay a fine of $50,000.
       (g)âFor commercial sexual activity in which any child
younger than 18 years of age or an adult believed by the person
to be a child younger than 18 years of age, or in which any
person who is mentally defective or mentally incapacitated as
those terms are defined in s. 794.011(1), is involved commits a
life felony, punishable as provided in s. 775.082(3)(a)6., s.
775.083, or s. 775.084, and shall be ordered to pay a fine of
$100,000.

For each instance of human trafficking of any individual under
this subsection, a separate crime is committed and a separate
punishment is authorized.
       (4)(a)âAny parent, legal guardian, or other person having
custody or control of a minor who sells or otherwise transfers
custody or control of such minor, or offers to sell or otherwise
transfer custody of such minor, with knowledge or in reckless
disregard of the fact that, as a consequence of the sale or
transfer, the minor will be subject to human trafficking commits
a life felony, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084, and shall be ordered to pay a fine of $100,000.
       (b)âAny person who, for the purpose of committing or
facilitating an offense under this section, permanently brands,
or directs to be branded, a victim of an offense under this
section commits a second degree felony, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084, and shall be ordered
to pay a fine of $60,000. For purposes of this subsection, the
term âpermanently brandedâ means a mark on the individualâs body
that, if it can be removed or repaired at all, can only be
removed or repaired by surgical means, laser treatment, or other
medical procedure.
       (c)âAny act to acquire, control, or operate a business or
enterprise for income through bribery, money laundering,
obstructing justice or a criminal investigation, extortion,
dealing in obscene matter, or drug crimes that result from any
activity of human trafficking or labor trafficking crimes shall
be prosecuted as a Florida RICO (Racketeer Influenced and
Corrupt Organization) Act offense pursuant to chapter 895.
       1.âAny business entity that knowingly aids or is jointly
involved in, or which reasonably should have known it was aiding
or involved in, trafficking of persons for sex or labor is
civilly liable to a fine up to $1 million and an additional $1
million for each child found to be subject to sex trafficking or
labor trafficking.
       2.âAny business owner who uses his or her business to
facilitate sex trafficking or labor trafficking crimes is
subject to a penalty of up to 10 years in prison, and any
business license of such business is subject to revocation.
       (5)âThe Criminal Justice Standards and Training Commission
shall establish standards for basic and advanced training
programs for law enforcement officers to identify, investigate,
and prevent in the subjects of investigating and preventing
human trafficking crimes. Every basic skills course required for
law enforcement officers to obtain initial certification must
include training on human trafficking crime prevention and
investigation.
       (6)âThe Department of Education and Department of Health,
in conjunction with the Statewide Council on Human Trafficking,
shall establish an awareness training program and community
partnership on human trafficking, sex trafficking, labor
trafficking, and child trafficking to provide educators,
students, and social service centers with trauma-informed
practices, safety plans, campus and Internet security, risks,
indicators, presentations, and resources that are age
appropriate for students in K-12 and nurses in educational
facilities.
       (7)âEach state attorney shall develop standards of
instruction