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PCS for HB 7045, Human Trafficking, Prostitution, and Lewdness — Commerce Committee (2023)

Summary

PCS for HB 7045 (2023) in the Commerce Committee, a bill to be entitled an act relating to human trafficking, prostitution, and lewdness. The bill amends section 450.045 to increase criminal penalties for specified offenses involving adult theaters and creates section 787.061, which provides a civil cause of action for victims of human trafficking against certain entities, with damages, attorney fees and a statute of limitations. It amends section 796.07 to authorize judicial circuits to establish educational programs for persons convicted of or charged with certain violations, and amends section 943.17297 on law enforcement training. Section 6 provides a July 1, 2023 effective date.

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“PCS for HB 7045, Human Trafficking, Prostitution, and Lewdness — Commerce Committee (2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-3220-commerce-committee-proposed-committee-bills-pcbs-fn-pcs-for-b8e5011595/, SHA-256 2b0423a9607a42f5a07b841208892413baa7a600a8896f3dcbcbf3630c0060e0.

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           PCS for HB 7045                                                                                      2023




    1                                         A bill to be entitled
    2              An act relating to human trafficking, prostitution,
    3              and lewdness; amending s. 95.11, F.S.; conforming
    4              provisions to changes made by the act; amending s.
    5              450.045, F.S.; increasing criminal penalties for
    6              specified offenses involving adult theaters; creating
    7              s. 787.061, F.S.; providing legislative findings;
    8              providing definitions; providing a civil cause of
    9              action for victims of human trafficking against
10                 certain entities; providing procedures and
11                 requirements for claims; providing for damages,
12                 penalties, punitive damages, attorney fees, expenses,
13                 and costs; providing a statute of limitations;
14                 amending s. 796.07, F.S.; authorizing judicial
15                 circuits to establish educational programs for persons
16                 convicted of or charged with certain violations;
17                 specifying contents of such programs; providing that
18                 such programs may be offered by faith-based providers;
19                 amending s. 943.17297, F.S.; revising requirements for
20                 law enforcement training in identifying and
21                 investigating human trafficking; providing an
22                 effective date.
23
24         Be It Enacted by the Legislature of the State of Florida:
25

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        PCS for HB 7045                                                                                      2023




26              Section 1.         Subsections (7) and (9) of section 95.11,
27      Florida Statutes, are amended to read:
28              95.11        Limitations other than for the recovery of real
29      property.—Actions other than for recovery of real property shall
30      be commenced as follows:
31              (7)         FOR INTENTIONAL TORTS BASED ON ABUSE.—An action
32      founded on alleged abuse, as defined in s. 39.01, s. 415.102, or
33      s. 984.03;, or incest, as defined in s. 826.04;, or an action
34      brought pursuant to s. 787.061, may be commenced at any time
35      within 7 years after the age of majority, or within 4 years
36      after the injured person leaves the dependency of the abuser, or
37      within 4 years from the time of discovery by the injured party
38      of both the injury and the causal relationship between the
39      injury and the abuse, whichever occurs later.
40              (9)         SPECIFIED SEXUAL BATTERY OFFENSES ON VICTIMS UNDER AGE
41      16.—An action related to an act constituting a violation of s.
42      794.011 or an action brought pursuant to s. 787.061 involving a
43      victim who was under the age of 16 at the time of the act may be
44      commenced at any time. This subsection applies to any such
45      action other than one which would have been time barred on or
46      before July 1, 2010.
47              Section 2.         Paragraph (d) of subsection (3) of section
48      450.045, Florida Statutes, is amended, and paragraphs (a), (b),
49      and (c) of that subsection are republished, to read:
50              450.045        Proof of identity and age; posting of notices. —

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        PCS for HB 7045                                                                                      2023




51              (3)(a)        In order to provide the department and law
52      enforcement agencies the means to more effectively identify,
53      investigate, and arrest persons engaging in human trafficking,
54      an adult theater, as defined in s. 847.001(2)(b), shall obtain
55      proof of the identity and age of each of its employees or
56      independent contractors, and shall verify the validity of the
57      identification and age verification document with the issuer,
58      before his or her employment or provision of services as an
59      independent contractor.
60              (b)         The adult theater shall obtain and keep on record a
61      photocopy of the person's driver license or state or federal
62      government-issued photo identification card, along with a record
63      of the verification of the validity of the identification and
64      age verification document with the issuer, during the entire
65      period of employment or business relationship with the
66      independent contractor and for at least 3 years after the
67      employee or independent contractor ceases employment or the
68      provision of services.
69              (c)         The department and its agents have the authority to
70      enter during operating hours, unannounced and without prior
71      notice, and inspect at any time a place or establishment covered
72      by this subsection and to have access to age verification
73      documents kept on file by the adult theater and such other
74      records as may aid in the enforcement of this subsection.
75              (d)         A person who owns, operates, or manages an adult

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         PCS for HB 7045                                                                                      2023




 76      theater owner, operator, or manager who knowingly violates this
 77      subsection commits a felony of misdemeanor in the third first
 78      degree, punishable as provided in s. 775.082, or s. 775.083, or
 79      s. 775.084.
 80              Section 3.         Section 787.061, Florida Statutes, is created
 81      to read:
 82              787.061        Civil actions by victims of human trafficking. —
 83              (1)         FINDINGS.-The Legislature finds that it is necessary
 84      to provide a civil cause of action for the recovery of specified
 85      damages and costs in order to achieve the intent of the
 86      Legislature relating to human trafficking as expressed in s.
 87      787.06(1)(d).
 88              (2)         DEFINITIONS.—As used in this section, the term:
 89              (a)         "Human trafficking" has the same meaning as provided
 90      in s. 787.06(2).
 91              (b)         "Victim of human trafficking" means a person subjected
 92      to coercion, as defined in s. 787.06(2), or by any other means,
 93      for the purpose of being used in human trafficking; a child
 94      under 18 years of age subjected to human trafficking; or an
 95      individual subjected to human trafficking as defined by federal
 96      law.
 97              (3)         CIVIL CAUSE OF ACTION.—
 98              (a)         A victim of human trafficking has a civil cause of
 99      action against an adult theater, as defined in s. 847.001(2)(b),
100      or an owner, operator, or manager of such theater, that

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         PCS for HB 7045                                                                                      2023




101      knowingly allows a victim of human trafficking to work, perform,
102      or dance at the adult theater. Such victim may recover damages
103      as provided in this section.
104              (b)         The action may be brought in any circuit court of
105      competent jurisdiction in this state.
106              (c)         A victim who prevails in any such action may recover
107      economic and noneconomic damages; punitive damages, as pro vided
108      in ss. 768.72, 768.725, and 768.73; reasonable attorney fees;
109      and costs.
110              1.      Economic damages include, but are not limited to, past
111      and future medical and mental health expenses; repatriation
112      expenses, when a victim elects repatriation; and all other
113      reasonable costs and expenses incurred by the victim in the past
114      or estimated to be incurred by the victim in the future as a
115      result of the human trafficking.
116              2.      Noneconomic damages are nonfinancial losses that would
117      not have occurred but for the victimization, and include pain
118      and suffering, inconvenience, physical impairment, mental
119      anguish, disfigurement, loss of capacity for enjoyment of life,
120      and other nonfinancial losses.
121              (d)         The civil remedies provided for in this section do not
122      preempt any other remedy or cause of action provided by law,
123      except that a victim may not recover against the same defendant
124      under both this section and s. 772.104(2).
125              (e)         If the factfinder determines a parent or legal

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         PCS for HB 7045                                                                                      2023




126      guardian knowingly trafficked the victim, facilitated such
127      trafficking, or otherwise participated in the human trafficking
128      of the victim, the court may not allow such parent or legal
129      guardian to receive any distribution of damages awarded under
130      this section.
131              (f)         The court shall have specific authority to consolidate
132      civil actions for the same defendant for the purpose of case
133      resolution and aggregate jurisdiction.
134              (4)         STATUTE OF LIMITATIONS.—The statute of limitations as
135      specified in s. 95.11(7) or (9), as applicable, governs an
136      action brought under this section.
137              Section 4.         Paragraph (b) of subsection (5) of section
138      796.07, Florida Statutes, is amended, subsection (8) is added to
139      that section, and paragraph (f) of subsection (2) and paragraph
140      (a) of subsection (5) of that section are republished, t o read:
141              796.07        Prohibiting prostitution and related acts. —
142              (2)         It is unlawful:
143              (f)         To solicit, induce, entice, or procure another to
144      commit prostitution, lewdness, or assignation.
145              (5)(a)        A person who violates paragraph (2)(f) commits:
146              1.      A misdemeanor of the first degree for a first
147      violation, punishable as provided in s. 775.082 or s. 775.083.
148              2.      A felony of the third degree for a second violation,
149      punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
150              3.      A felony of the second degree for a third or subsequent

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         PCS for HB 7045                                                                                      2023




151      violation, punishable as provided in s. 775.082, s. 775.083, or
152      s. 775.084.
153              (b)         In addition to any other penalty imposed, the court
154      shall order a person convicted of a violation of paragraph
155      (2)(f) to:
156              1.      Perform 100 hours of community service.; and
157              2.      Pay for and attend an educational program as described
158      in subsection (8), about the negative effects of prostitution
159      and human trafficking, such as a sexual violence prevention
160      education program, including such programs offered by faith-
161      based providers, if such a program exists programs exist in the
162      judicial circuit in which the offender is sentenced.
163              (8)(a)        A judicial circuit may establish an educational
164      program for persons convicted of or charged with a violation of
165      paragraph (2)(f), to include education on:
166              1.      The relationship between demand for commercial sex and
167      human trafficking.
168              2.      The impact of human trafficking on victims.
169              3.      Coercion, consent, and sexual violence.
170              4.      The health and legal consequences of commercial sex.
171              5.      The negative impact of commercial sex on prostituted
172      persons and the community.
173              6.      The reasons and motivations for engaging in
174      prostitution.
175              (b)         An educational program may include a program offered

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         PCS for HB 7045                                                                                      2023




176      by a faith-based provider.
177              Section 5.         Section 943.17297, Florida Statutes, is amended
178      to read:
179              943.17297         Continuing employment Training in identifying
180      and investigating human trafficking.—Within 1 year after
181      beginning employment, Each certified law enforcement officer
182      must successfully complete 4 hours of training in identifying
183      and investigating human trafficking as part of the basic recruit
184      training of the officer required in s. 943.13(9) or additional
185      training required in s. 943.131(4). Completion of the training
186      component may count toward the 40 hours of instruction for
187      continued employment or appointment as a law enforcement officer
188      required under s. 943.135. This training component must be
189      completed by current law enforcement officers by July 1, 2022.
190      The training must be developed by the commission in consultation
191      with the Department of Legal Affairs and the Statewide Council
192      on Human Trafficking. If an officer fails to complete the
193      required training, his or her certification must be placed on
194      inactive status until the employing agency notifies the
195      commission that the officer has completed the training.
196              Section 6.         This act shall take effect July 1, 2023.




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