House Staff Analysis: PCS for HB 7045, Human Trafficking, Prostitution, and Lewdness

Issuer: Congressional materials
Document type: 2023 3220 Commerce Committee Proposed Committee Bill Analyses Fn Pcs7045 Com
Case: 2023 3220 Commerce Committee Proposed Committee Bill Analyses Fn Pcs7045 Com

Summary

A House of Representatives staff analysis of the PCS for HB 7045, Human Trafficking, Prostitution, and Lewdness, sponsored by the Commerce Committee and dated April 15, 2023. It describes existing federal and state civil remedies for victims of human trafficking and summarizes current criminal penalties for trafficking and soliciting prostitution. The analysis says the PCS creates s. 787.061, F.S., giving trafficking victims a civil cause of action against an adult theater that knowingly allows a victim to work or perform there. It also raises the offense for adult theater age and identity verification failures to a third-degree felony, requires solicitation offenders to attend an educational program, and requires four hours of trafficking training for law enforcement officers. The PCS provides an effective date of July 1, 2023.

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Cite this document

“House Staff Analysis: PCS for HB 7045, Human Trafficking, Prostitution, and Lewdness.” Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-3220-commerce-committee-proposed-committee-bill-analyses-fn-pcs7045-com/, SHA-256 1928563030a5f996c9ef540037dcfa3e9f1b123c82749d0bae0d77f54f3443be.

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 7045 Human Trafficking, Prostitution, and Lewdness
SPONSOR(S): Commerce Committee
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

Orig. Comm.: Commerce Committee Larkin Hamon

SUMMARY ANALYSIS
Human trafficking is a form of modern day slavery which involves the transporting, soliciting, recruiting,
harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining of another person
for the purpose of exploiting that person.

A victim of human trafficking has a federal cause of action under 18 U.S.C. § 1595, whic h may be brought
against any perpetrator of trafficking or any person who knowingly benefits from the trafficking of a victim.
Victims of human trafficking also have a state civil cause of action under ch. 772, F.S., related to civil remedies
for criminal practices. Under s. 772.104, F.S., any person who demonstrates by clear and convincing evidence
that he or she has been injured by a person who, with criminal intent, received and utilized proceeds from
human trafficking has a cause of action for threefold the amount gained from the human trafficking, and for
reasonable attorney fees and court costs. Alternatively, under s. 796.09, F.S., a person has a cause of action
for compensatory and punitive damages against a person who coerced that person into prostitution; a person
who coerces that person to remain in prostitution; or a person who uses coercion to collect or receive any part
of that person’s earnings derived from prostitution.

The PCS creates s. 787.061, F.S., to provide a civil cause of action for victims of human trafficking against an
adult theater, as defined in s. 847.001(2)(b), F.S., or an owner, operator, or manager of such theater, that
knowingly allows a victim of human trafficking to work, perform, or dance at the adult theater. The PCS allows
a victim to recover economic and noneconomic damages; punitive damages; reasonable attorney fees; and
costs. The PCS provides limitations on the commencement of actions brought under this new section and
amends s. 95.11, F.S., to clarify that an action brought under the PCS’s civil remedy provision may be brought
within the same time period as is allowed for intentional torts based on abuse or, if applicable, sexual battery
offenses on victims under age 16.

The PCS also amends s. 450.045, F.S., to increase the offense for failure of an owner, operator, or manager of
an adult theater to comply with the proof of age and identify verification requirements from a first-degree
misdemeanor to a third-degree felony; and removes the language indicating that the owner, operator, or
manager must violate s. 450.045, F.S. knowingly. The PCS amends s. 796.07, F.S., to require an offender
convicted for soliciting another person to commit prostitution to pay for and attend an educational program
relating to human trafficking and commercial sex, if one is available, in addition to any other penalty imposed.

The PCS may have an indeterminate positive impact on jail and prison beds by increasing the offense level for
failure of an adult theater owner, operator, or manager to comply with proof of age and identity requirements to
a third-degree felony, which may result in more jail and prison admissions. The PCS may also have an
indeterminate, but likely insignificant, fiscal impact on state expenditures.

The PCS provides an effective date of July 1, 2023.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs7045.COM
DATE: 4/15/2023
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Background

Human Trafficking

Human trafficking is a form of modern day slavery which involves the transporting, soliciting, recruiting,
harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining of another
person for the purpose of exploiting that person.1 It is the intent of the Legislature that the perpetrators
of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected
and assisted by this state and its agencies.2

A person who knowingly, or in reckless disregard of the facts, engages in or attempts to engage in
human trafficking, or benefits financially by receiving anything of value from participating in a venture
that has subjected a person to human trafficking for commercial sexual activity, labor,3 or services: 4
 By coercing an adult, commits a first-degree felony.5, 6
 With or of a child younger than 18 years of age or a person believed to be a child younger than
18, commits a first-degree felony.7
 For commercial sexual activity with a mentally defective8 or mentally incapacitated9 person,
commits a life felony.10

“Coercion” includes:
 Using or threatening to use force against a person.
 Restraining, isolating, or confining a person without lawful authority and against his or her will,
or threatening to do so.
 Using lending or other credit methods to establish a debt by a person when labor or services are
pledged as a security for the debt, if the reasonably assessed value of the labor or services is
not applied toward the liquidation of the debt.
 Destroying, concealing, removing, confiscating, withholding, or possessing any actual or
purported passport, visa, other immigration document, or government identification document.
 Causing or threatening to cause financial harm.
 Enticing or luring a person by fraud or deceit.
 Providing a Schedule I or II controlled substance11 to a person for the purpose of exploiting that
person.12

“Commercial sexual activity” means any prostitution, lewdness, or assignation offense or attempt to

1 S. 787.06(2)(d), F.S.
2 S. 787.06(1)(d), F.S.
3 “Labor” means work of economic or financial value. S. 787.06(2)(e), F.S.
4
“Services” means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includ es, but is
not limited to, forced marriage, servitude, or the removal of organs. S. 787.06(2)(h), F.S.
5 S. 787.06(3)(a)2., (b), (c)2., (d), (e)2., and (f)2., F.S.
6 A first-degree felony is punishable by up to 30 years ’ imprisonment and a $10,000 fine. Ss. 775.082, 775.083, or 775.084, F.S
7 S. 787.06(3)(a)1., (c)1., (e)1., and (f)1., F.S.
8 “Mentally defective” means a mental disease or defect which renders a person temporarily or permanently incapable of appraising the

nature of his or her conduct. S. 794.011(1)(c), F.S.
9 “Mentally incapacitated” means temporarily incapable of appraising or controlling a person's own conduct due to the influence of a

narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to any other act committed upo n that
person without his or her consent. S. 794.011(1)(d), F.S.
10 S. 787.06(3)(g), F.S.; A life felony is punishable by up to life imprisonment and a $15,000 fine. Ss. 775.082, 775.083, or 775.084, F.S.
11 S. 893.03, F.S.
12 S. 787.06(2)(a), F.S.

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commit such an offense, and includes a sexually explicit performance 13 and the production of
pornography.14

If, during the commission of any first-degree felony offense listed above, the offender causes great
bodily harm, permanent disability, or permanent disfigurement to another person, the offense is
reclassified as a life felony.15 Any person who for the purpose of committing or facilitating an offense of
human trafficking, permanently brands,16 or directs to be branded, a victim of human trafficking,
commits a second-degree felony.17

Additionally, a parent, legal guardian, or a person with custody over a minor, who sells or transfers
custody or control of the minor, or offers to sell or transfer custody or control of the minor, with
knowledge or in reckless disregard of the fact that the child will be subject to human trafficking after the
sale or transfer, commits a life felony.18

An offender’s ignorance of a victim’s age, a victim’s misrepresentation of his or her age, or an
offender’s bona fide belief of a victim’s age cannot be raised as a defense in the prosecution for a
human trafficking offense.19 A person convicted of human trafficking for commercial sexual activity must
register as a sexual offender.20

Under the Federal Trafficking Victim Protections Act, “severe forms of trafficking in persons” means:
 Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which
a person induced to perform such an act has not attained 18 years of age; or
 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 subjection to involuntary
servitude, peonage, debt bondage, or slavery.21

Soliciting or Purchasing Prostitution

Section 796.07, F.S., defines prostitution as the giving or receiving of the body for sexual activity for
hire.22

Under s. 796.07(2)(a)-(e) and (g)-(i), F.S., it is a second-degree misdemeanor:23
 To own, establish, maintain, or operate any place, structure, building, or conveyance for the
purpose of lewdness,24 assignation,25 or prostitution;
 To offer, or to offer or agree to secure, another for the purpose of prostitution or for any other
lewd or indecent act;
 To receive, or to offer or agree to receive, any person into any place, structure, building, or
conveyance for the purpose of prostitution, lewdness, or assignation, or to permit any person to
remain there for such purpose;
 To direct, take, or transport, or to offer or agree to direct, take, or transport, any person to any
place, structure, or building, or to any other person, with knowledge or reasonable cause to

13
A sexually explicit performance is an act or show, whether public or private, that is live, photographed, recorded, or videotaped and
intended to arouse or satisfy sexual desires or appeal to the prurient interest. S. 787.06(2)(i), F.S.
14 S. 787.06(2)(b), F.S.
15 S. 787.06(8)(b), F.S.
16 “Permanently branded” means a mark on the individual’s body that, if it can be removed or repaired at all, can only be remove d or

repaired by surgical means, laser treatment, or other medical procedure. S. 787.06(4)(b), F.S.
17 S. 787.06(4)(b), F.S.; A second-degree felony is punishable by a term of imprisonment not exceeding 15 years and a $10,000 fine.

Ss. 775.082, 775.083, or 775.084, F.S.
18 S. 787.06(4)(a), F.S.
19 S. 787.06(9), F.S.
20 S. 943.0435, F.S.
21 22 U.S.C. § 7102(11).
22 This definition excludes sexual activity between spouses. S. 796.07(1)(b), F.S.
23 A second-degree misdemeanor is punishable by up to 60 days in county jail and a fine not exceeding $500. Ss. 775.082(4)(b) and

775.083(1)(e), F.S.
24 “Lewdness” means any indecent or obscene act. S. 796.07(1)(c), F.S.
25 “Assignation” means the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of su ch

appointment or engagement. S. 796.07(1)(d), F.S.
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believe that the purpose of such directing, taking, or transporting is prostitution, lewdness, or
assignation;
 For a person 18 years of age or older to offer to commit, or to commit, or to engage in,
prostitution, lewdness, or assignation;
 To reside in, enter, or remain in, any place, structure, or building, or to enter or remain in any
conveyance, for the purpose of prostitution, lewdness, or assignation;
 To aid, abet, or participate in any of the acts or things listed above; or
 To purchase the services of any person engaged in prostitution. 26

The penalty for a violation listed above is reclassified to a first-degree misdemeanor27 for a second
violation, and a third-degree felony28 for any third or subsequent violation.29

Additionally, under s. 796.07(2)(f), F.S., a person who solicits, induces, entices, or procures another
person to commit prostitution, lewdness, or assignation commits a first-degree misdemeanor for a first
violation, a third-degree felony for a second violation, and a second-degree felony for a third or
subsequent violation.30 An offender convicted for soliciting another person to commit prostitution is also
subject to additional penalties including:
 One hundred hours of community service;31
 Being required to pay for and attend an educational program about the negative effects of
prostitution and human trafficking, such as a sexual violence prevention education program,
including such programs offered by faith-based providers, if such a program is offered in the
circuit in which the offender is sentenced;32
 A 10-day mandatory minimum jail sentence for a second or subsequent violation;33
 Vehicle impoundment up to 60 days if the offender used a car to commit the violation;34
 Inclusion of the offender’s name on the Soliciting for Prostitution Public Database;35 and
 A $5,000 civil fine.36

Statutes of Limitations

A statute of limitations is an absolute bar to the filing of a lawsuit after a date set by law. A statute of
limitations specifies when such time period begins, how long the limitation period runs, and the
circumstances by which the running of the statute may be “tolled,” or suspended. A statute of limitations
usually begins to run when a cause of action accrues, which generally, is when the harm occurs.

Section 95.11, F.S., provides limitations on the commencement of actions other than for recovery of
real property, including actions founded on abuse or related to an offense of sexual battery.
An action founded on alleged abuse37 may be commenced at the latest of the following times:
 At any time within seven years after the age of majority;
 Within four years after the injured person leaves the dependency of the abuser; or
 Within four years from the time of discovery by the injured party of both the injury and the causal
relationship between the injury and the abuse.38

26 S. 796.07(2), F.S.
27 A first-degree misdemeanor is punishable by a term of imprisonment not exceeding one year and a $1,000 fine. Ss. 775.082(4)(a)

and 775.083(1)(d), F.S.
28 A third-degree felony is punishable by a term of imprisonment not exceeding five years and a $5,000 fine. Ss. 775 .082, 775.083, or

775.084, F.S.
29 S. 796.07(4), F.S.
30 S. 796.07(2)(f) and (5)(a), F.S.
31 S. 796.07(5)(b)1., F.S.
32 S. 796.07(5)(b)2., F.S.
33 S. 796.07(5)(c), F.S.
34 S. 796.07(5)(d), F.S.
35 S. 796.07(5)(e), F.S. (if there is evidence that the offender provided a form of payment or arranged for the payment of such services).
36 S. 796.07(6), F.S.
37 As defined in ss. 39.01, 415.102, or 984.03, F.S.
38 S. 95.11(7), F.S.

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However, an action related to a sexual battery39 offense involving a victim who was under the age of 16
at the time of the act may be commenced at any time, unless the action would have been time barred
on or before July 1, 2010.40

Vicarious Liability

“Vicarious liability” means liability that a supervisory party, such as an employer, bears for the
actionable conduct of a subordinate or associate, such as an employee, based on the relationship
between the two parties.41

Punitive Damages

Punitive damages may be awarded in any civil action only if there is a reasonable showing by evidence
in the record or proffered by the claimant to provide a reasonable basis for recovery of such
damages.42 A defendant may be held liable for punitive damages only if the trier of fact, based on clear
and convincing evidence,43 finds that the defendant was personally guilty of intentional misconduct or
gross negligence.

An employer, principal, corporation, or other legal entity may be held liable for punitive damages based
on a claim of vicarious liability for the conduct of an employee or agent only if the employee was found
personally guilty of intentional misconduct or gross negligence and:
 The employer, principal, corporation, or other legal entity actively and knowingly participated in
such conduct or engaged in conduct that constituted gross negligence and that contributed to
the loss, damages, or injury suffered by the claimant; or
 The officers, directors, or managers of the employer, principal, corporation, or other legal entity
knowingly condoned, ratified, or consented to such conduct. 44

“Intentional misconduct” means that the defendant had actual knowledge of the wrongfulness of the
conduct and the high probability that injury or damage to the claimant would result and, despite that
knowledge, intentionally pursued that course of conduct, resulting in injury or damage. 45 “Gross
negligence” means that the defendant’s conduct was so reckless or wanting in care that it constituted a
conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct. 46

An award of punitive damages may typically not exceed the greater of:
 Three times the amount of compensatory damages awarded to each claimant; or
 $500,000.47

However, if the fact finder determines that the wrongful conduct proven under this section was
motivated solely by unreasonable financial gain and determines that the unreasonably dangerous
nature of the conduct, together with the high likelihood of injury resulting from the conduct, was actually
known by the managing agent, director, officer, or other person responsible for making policy decisions
on behalf of the defendant, it may award an amount of punitive damages up to the greater of:
 Four times the amount of compensatory damages awarded to each claimant; or
 $2 million.48

39 S. 794.011, F.S.
40
S. 95.11(9), F.S.
41 Vicarious Liability, Black’s Law Dictionary (3d pocket ed. 2006).
42 S. 768.72(1), F.S.
43 S. 768.725, F.S.
44 S. 768.72(3), F.S.
45 S. 768.72(2)(a), F.S.
46 S. 768.72(2)(b), F.S.
47 S. 768.73(1)(a), F.S.
48 S. 768.73(1)(b), F.S.

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Alternatively, if the fact finder determines that at the time of injury the defendant had a specific intent to
harm the claimant and determines that the defendant’s conduct did in fact harm the claimant, there is
no cap on the amount of awardable punitive damages.49

Punitive damages generally may not be awarded against a defendant in a civil action if he or she
establishes, before trial, that punitive damages have already been awarded against the defendant in
any state or federal court in any action alleging harm from the same act or single course of conduct for
which the claimant seeks compensatory damages. 50 However, if the court determines by clear and
convincing evidence that the amount of prior punitive damages awarded was insufficient to punish the
defendant’s behavior, the court may permit a jury to consider an award of subsequent punitive
damages.51

Civil Causes of Action for Human Trafficking Victims

A victim of human trafficking has a federal cause of action under 18 U.S.C. § 1595; such action may be
brought against any perpetrator of trafficking or any person who knowingly benefits from the trafficking
of a victim.

Victims of human trafficking also have a state statutory cause of action under ch. 772, F.S., a chapter
that provides civil remedies for criminal practices. Section 772.103, F.S., makes it unlawful for any
person:
 Who has, with criminal intent, received any proceeds derived, directly or indirectly, from a
pattern of criminal activity or through the collection of an unlawful debt, to use or invest, whether
directly or indirectly, any part of such proceeds, or the proceeds derived from the investment or
use thereof, in the acquisition of any title to, or any right, interest, or equity in, real property or in
the establishment or operation of any enterprise.
 Through a pattern of criminal activity or through the collection of an unlawful debt, to acquire or
maintain, directly or indirectly, any interest in or control of any enterprise or real property.
 Employed by, or associated with, any enterprise to conduct or participate, directly or indirectly,
in such enterprise through a pattern of criminal activity or the collection of an unlawful debt.
 To conspire or endeavor to violate any of the actions listed above.

In turn, s. 772.104, F.S., provides a cause of action for any person who proves by clear and convincing
evidence that he or she has been injured by reason of any violation of s. 772.103, F.S., due to human
trafficking. Such injured person is entitled to recover, from the violator, threefold the amount gained
from the human trafficking, or a minimum of $200, and reasonable attorneys fees and court costs. 52
However, no punitive damages may be awarded and the defendant is entitled to attorney fees and
costs if the claim was unsupported.53

The statute of limitations for an action pursuant to 18 U.S.C. § 1595 is 10 years. 54 The statute of
limitations for an action pursuant to s. 772.104, F.S., due to human trafficking is 5 years.55

Civil Cause of Action for A Person Coerced into Prostitution

Under s. 796.09, F.S., a person has a cause of action for compensatory and punitive damages against:
 A person who coerced that person into prostitution;56
 A person who coerces that person to remain in prostitution; or

49 S. 768.73(1)(c), F.S.
50 S. 768.73(2)(a), F.S.
51 S. 768.73(2)(b), F.S. (any subsequent punitive damages must be reduced by the amount of any earlier punitive damage awards

rendered in state or federal court).
52 S. 772.104(2), F.S.
53 S. 772.104(3), F.S.
54 18 U.S.C. § 1595(2)(c).
55 S. 772.17, F.S.
56 Prostitution has the same meaning as in s. 796.07, F.S.

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 A person who uses coercion to collect or receive any part of that person’s earnings derived from
prostitution.57

For purposes of s. 796.09, F.S., “coercion” means any practice of domination, restraint, or inducement
for the purpose of, or with the reasonably foreseeable effect of, causing another person to engage in or
remain in prostitution or to relinquish earnings derived from prostitution, and includes, but is not limited
to:
 Physical force or threats of physical force.
 Physical or mental torture.
 Kidnapping.
 Blackmail.
 Extortion or claims of indebtedness.
 Threat of legal complaint or report of delinquency.
 Threat to interfere with parental rights or responsibilities, whether by judicial or administrative
action or otherwise.
 Promise of legal benefit.
 Promise of greater financial rewards.
 Promise of marriage.
 Restraint of speech or communication with others.
 Exploitation of a condition of developmental disability, cognitive limitation, affective disorder, or
substance dependency.
 Exploitation of victimization by sexual abuse.
 Exploitation of pornographic performance.
 Exploitation of human needs for food, shelter, safety, or affection. 58

It is not a defense to a complaint under s. 796.09, F.S., that:
 The plaintiff was paid or otherwise compensated for acts of prostitution;
 The plaintiff engaged in acts of prostitution prior to any involvement with the defendant; or
 The plaintiff made no attempt to escape, flee, or otherwise terminate contact with the
defendant.59

Adult Theater Proof of Age and Identity Requirements

An “adult theater” is an enclosed building, or an enclosed space within a building, used for presenting
either films, live plays, dances, or other performances that are distinguished or characterized by an
emphasis on matter relating to specific sexual activities for observation by patrons, and which restricts
admission only to adults, or any business that features a person who engages in specific sexual
activities for observation by a patron, and which restricts admission to only adults. 60

Section 450.045, F.S., requires an adult theater to obtain proof of age and identity from each of its
employees or independent contractors and to verify the validity of the identification and age verification
documents with the issuer before the employee or contractor’s employment commences.61 The theater
must keep on record a copy of the employee or contractor’s driver license or state or federal
government-issued photo identification card, along with a record of the verification of the validity of the
identification and age verification document, during the entire period of employment or business
relationship with the independent contractor, and for at least three years after the employee or
independent contractor ceases employment or the provision of services. 62

57 S. 796.09(1), F.S.
58 S. 796.09(3), F.S.
59 S. 796.09(5), F.S.
60 S. 847.001(2)(b), F.S.
61 S. 450.045(3)(a), F.S.
62 S. 450.045(3)(b), F.S.

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The Department of Business and Professional Regulation and its agents have the authority to enter and
inspect an adult theater at any time during operating hours, unannounced and without prior notice, and
to have access to identification and age verification documents kept on file by the adult theater. 63

An adult theater owner, operator, or manager who knowingly violates s. 450.045, F.S., commits a first-
degree misdemeanor.64

Criminal Punishment Code

Felony offenses which are subject to the Criminal Punishment Code 65 are listed in a single offense
severity ranking chart (OSRC),66 which uses 10 offense levels to rank felonies from least severe to
most severe. Each felony offense listed in the OSRC is assigned a level according to the severity of the
offense.67, 68 A person’s primary offense, any other current offenses, and prior convictions are scored
using the points designated for the offense severity level of each offense. 69, 70 The final score
calculation, following the scoresheet formula, determines the lowest permissible sentence that a trial
court may impose, unless there is a valid reason for departure.71

Law Enforcement Training

Basic Recruit Training

Section 943.13, F.S., requires all law enforcement officer applicants to complete a Criminal Justice
Standards and Training Commission (Commission)- approved basic recruit training program.72

An applicant may seek an exemption from completing a basic recruit training program if:
 He or she has previously completed a comparable basic recruit training program in this s tate or
another state or for the federal government and served as a full-time sworn officer in this state
or another state or for the federal government for at least one year, provided there is no more
than an eight-year break in employment; or
 He or she served in the special operations forces for a minimum of five years, provided there is
no more than a four-year break from the applicant’s special operations forces experience. 73

The Commission may require any applicant who qualifies for an exemption to complete additional
training as it deems appropriate based on the applicant’s prior training and experience. 74 The applicant
must complete any such additional training within one year after receiving an exemption. 75

Training in Identifying and Investigating Human Trafficking

63 S. 450.045(3)(c), F.S.
64 S. 450.045(3)(d), F.S.; A first-degree misdemeanor is punishable by a term of imprisonment not exceeding one year and a $1,000

fine. Ss. 775.082(4)(a) and 775.083(1)(d), F.S.
65 All felony offenses, with the exception of capital felonies, committed on or after October 1, 1998, are subject to the Criminal

Punishment Code. S. 921.002, F.S.
66 S. 921.0022, F.S.
67 S. 921.0022(2), F.S.
68
Felony offenses that are not listed in the OSRC default to statutorily assigned levels, as follows: an unlisted third -degree felony
defaults to a level 1; an unlisted second-degree felony defaults to a level 4; an unlisted first-degree felony defaults to a level 7; an
unlisted first-degree felony punishable by life defaults to a level 9; and an unlisted life felony defaults to a le vel 10. S. 921.0023, F.S.
69 Ss. 921.0022 and 921.0024, F.S.
70 A person may also accumulate points for factors such as victim injury points, community sanction violation points, and certai n

sentencing multipliers. S. 921.0024(1), F.S.
71 If a person scores more than 44 points, the lowest permissible sentence is a specified term of months in state prison, determined by

a formula. If a person scores 44 points or fewer, the court may impose a nonprison sanction, such as a county jail sentence, probation,
or community control. S. 921.0024(2), F.S.
72 S. 943.13(9), F.S.
73 Ss. 943.13(9)(a-b) and 943.131(2), F.S.
74 S. 943.131(3), F.S.
75 S. 943.131(4)(a), F.S.

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Within one year after beginning employment, each certified law enforcement officer must successfully
complete four hours of training in identifying and investigating human trafficking. 76 The training must be
developed by the Commission in consultation with the Department of Legal Affairs and the Statewide
Council on Human Trafficking. If an officer fails to complete the required training, his or her certification
is placed on inactive status until the employing agency notifies the Commission that the officer has
completed the training.77

Effect of Proposed Changes

PCS for HB 7045 creates s. 787.061, F.S., to provide a civil cause of action for victims of human
trafficking to recover damages against an adult theater, as defined in s. 847.001(2)(b), F.S., or an
owner, operator, or manager of such theater, that knowingly allows a victim of human trafficking to
work, perform, or dance at the adult theater. The PCS includes specific legislative findings to support
the creation of the cause of action. The PCS allows the action to be brought in any circuit court in the
state.

The PCS defines a “victim of human trafficking” as a person subjected to coercion, as defined in s.
787.06(2), F.S., or by any other means, for the purpose of being used in human trafficking; a child
under 18 years of age subjected to human trafficking; or an individual subjected to human trafficking as
defined by federal law.

Damages Recoverable

Under the PCS, a victim may recover economic and noneconomic damages; punitive damages, as
provided in ss. 768.72, 768.725, and 768.73, F.S.; reasonable attorney fees; and costs. Under the
PCS, economic damages include, but are not limited to:
 Past and future medical and mental health expenses;
 Repatriation expenses, when a victim elects repatriation; and
 All other reasonable costs and expenses incurred by the victim in the past or estimated to be
incurred by the victim in the future as a result of the human trafficking.

Under the PCS, noneconomic damages are nonfinancial losses that would not have occurred but for
the victimization, and include:
 Pain and suffering;
 Inconvenience;
 Physical impairment;
 Mental anguish;
 Disfigurement;
 Loss of capacity for enjoyment of life; and
 Other nonfinancial losses.

The PCS provides that the civil remedies provided for in this new section of law do not preempt any
other remedy or cause of action provided by law, but that a victim may not recover under both this
section and s. 772.104(2), F.S.

Prohibition on Recovery

The PCS provides that if the factfinder determines a parent or legal guardian knowingly trafficked the
victim, facilitated such trafficking, or otherwise participated in the human trafficking of the victim, the
court may not allow such parent or legal guardian to receive any distribution of damages awarded
under this section.

Consolidation

76 Completion of the training may count toward the 40 hours of instruction for continued employment or appointment. S. 943.17297, F.S.
77 Id.
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The PCS authorizes a court to consolidate civil actions for the same defendant for the purpose of case
resolution and aggregate jurisdiction.

Statute of Limitations

The PCS amends s. 95.11, F.S., to provide that an action under this section may be brought as
specified in s. 95.11(7) or (9), F.S., as follows, whichever occurs later:
 Within 7 years after the victim reaches the age of majority;
 Within 4 years after the victim leaves the abuser;
 Within 4 years from the time of discovery by the victim of both the injury and the causal
relationship between the injury and abuse; or
 For victims that were under the age of 16 at the time of the trafficking, at any time.

Criminal Provisions

The PCS amends s. 450.045, F.S., to increase the offense for failure of an owner, operator, or manager
of an adult theater to comply with the proof of age and identify verification requirements from a first-
degree misdemeanor to a third-degree felony and removes the language indicating that the violation
must be done “knowingly.” The PCS does not rank this offense, and as such, it is ranked as a level 1
offense on the Criminal Punishment Code OSRC.

The PCS amends s. 796.07, F.S., to require an offender convicted of soliciting another person to
commit prostitution, in addition to any other penalty imposed, to pay for and attend an educational
program, if one exists in the judicial circuit in which the offender is sentenced, that provides education
on the following:
 The relationship between demand for commercial sex and human trafficking.
 The impact of human trafficking on victims.
 Coercion, consent, and sexual violence.
 The health and legal consequences of commercial sex.
 The negative impact of commercial sex on prostituted persons and the community.
 The reasons and motivations for engaging in prostitution.

The PCS authorizes a judicial circuit to establish such a program and allows such a program to be
offered by a faith-based provider.

Law Enforcement Human Trafficking Training

The PCS amends s. 943.17297, F.S., to require that each certified law enforcement officer successfully
complete four hours of training in identifying and investigating human trafficking as part of the basic
recruit training of the officer as required pursuant to s. 943.13(9), F.S., or additional training pursuant to
s. 943.131(4), F.S. The training must be developed by the Criminal Justice Standards and Training
Commission in consultation with the Department of Legal Affairs and the Statewide Council on Human
Trafficking.

The PCS provides an effective date of July 1, 2023.

B. SECTION DIRECTORY:
Section 1: Amends s. 95.11, F.S., relating to limitations other than for the recovery of real property.
Section 2: Amends and republishes s. 450.045, F.S., relating to proof of identity and age; posting of
notices.
Section 3: Creates s. 787.061, F.S., relating to civil actions by victims of human trafficking.
Section 4: Amends and republishes s. 796.07, F.S., relating to prohibiting prostitution and related acts.
Section 5: Amends s. 943.17297, F.S., relating to continuing employment training in identifying and
investigating human trafficking.
Section 6: Provides an effective date of July 1, 2023.

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II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
See Fiscal Comments.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
See Fiscal Comments.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The PCS may have an indeterminate positive impact on the revenues of private entities who offer
educational programs relating to human trafficking and commercial sex to the extent they receive
payment from offenders to attend such programs.

D. FISCAL COMMENTS:
The PCS may have an indeterminate positive impact on jail and prison beds by increasing the offense
level for failure of an adult theater owner, operator, or manager to comply with proof of age and identity
requirements to a third-degree felony, which may result in more jail and prison admissions.

The PCS may also have an indeterminate negative impact on state expenditures due to costs required
to establish educational programs relating to human trafficking and commercial sex. However, some
costs may be offset by the requirement for offenders to pay for their attendance in the program. The
PCS does not require the establishment of any new education programs.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This PCS does not appear to require counties or municipalities to spend funds or
take action requiring the expenditures of funds; reduce the authority that counties or municipalities
have to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties
or municipalities.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
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None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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House Staff Analysis: PCS for HB 7045, Human Trafficking, Prostitution, and Lewdness

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