Florida is ranked the third highest state in the United States for reported human trafficking cases. Florida law defines “human trafficking” as transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. “In Florida, 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 that has subjected a person to human trafficking for labor or services, or commercial sexual activity, commits a crime. Florida law sets out several circumstances which give rise to specified penalties including, in part: ·Labor or services of any child under the age of 18 commits a first degree felony; · Labor or services of any child under the age of 18 who is an unauthorized alien commits a first degree felony; · Labor or services who does so by the transfer or transport of any child under the age of 18 from outside of Florida to within Florida commits a first degree felony; ·Commercial sexual activity who does so by the transfer or transport of any child under the age of 18 from outside of Florida to within Florida commits a first degree felony; or · Commercial sexual activity in which any child under the age of 18, or in which any person who is mentally defective or mentally incapacitated is involved commits a life felony.”
The Florida Legislator passed 3 bills to help strengthen and clarify human trafficking laws and advocate for the victims of these horrific crimes. “CS/CS/CS/SB 1690 creates s. 402.88, F.S., to require the Department of Children and Families (DCF) to certify adult safe houses and inspect and recertify the safe houses annually. The bill defines an adult safe house as a group residential facility that provides care and housing for adults who have been sexually exploited or trafficked and requires adult safe houses to: · Receive and shelter victims of human trafficking and their minor children or other dependents. · Provide certain services. · Participate in providing certain orientation and training programs. · Provide a safe and therapeutic environment. · Receive an annual written endorsement from local law enforcement agencies. · File certain information regarding human trafficking employees or volunteers who may claim privilege under s. 90.5037, F.S., to refuse to disclose certain information. The bill allows the DCF to deny, suspend, or revoke the certification of an adult safe house that fails to comply with the requirements of the bill and outlines the training of adult safe house staff and requires the DCF to ensure that staff has completed the training.”
“SB 1210 amends s. 943.0583, F.S., expanding the public records exemption authorizing human trafficking victims to expunge a criminal history record related to offenses listed under the habitual violent felony offender designation unless a victim was found guilty of or entered a plea of guilty or nolo contendre to such an offense. The bill also creates a new exemption from public records disclosure under s. 119.07(1), F.S., and s. 24(a), Art. I of the State Constitution for any petition filed by a human trafficking victim to expunge a criminal history record and all pleadings and documents related to the petition.”
“SB 7064 establishes a new civil cause of action for a victim of human trafficking. The victim may recover damages and costs against an adult theatre, or its owner, operator, or manager who knowingly allows a human trafficking victim to work, perform, or dance at the adult theatre. In broad, general terms, an adult theatre is an enclosure or business used for presenting performances characterized by sexual activities for observation by its patrons, and which purports to limit admission to adults.To comply with the statute of limitations, a lawsuit must be brought in circuit court within the same time period that is required for intentional torts based on abuse or sexual battery offenses on victims younger than 16 years. A victim who prevails in the lawsuit may recover economic and noneconomic damages, punitive damages, reasonable attorney fees, and costs.”
SB1690 also provides a provision for staff education in public lodging places on signs of human trafficking and identifying victims who are being trafficked. A few of the education points are signs of physical abuse or malnourishment; person seems coached or controlled; victim rarely left alone; suspicious tattoos or branding on victim; living conditions unsuitable; Victim demeaned or treated aggressively; accompanied by older male; avoids interaction with others; “Do not Disturb” sign used constantly; receives lots of visitors; pays for room with cash; dresses inappropriately or provocatively; few personal belongings; refuses cleaning services; room smells of bodily fluids and musk; lots of cash in room; alcohol and/or drugs in room; and room monitored outside or in hallway.
In addition to the educational signs of trafficking there are hotlines where suspected abuse can be reported. The Florida Abuse Hotline at 1-800-962-2873 and the National Human Trafficking Hotline at 1-888-373-7888. We must all remain very aware of our surroundings and vigilant about human trafficking which exploits so many young children and youth. All Floridians working together makes Florida a safer community and provides a safer environment for our children and next generations. Florida’s unity is unyielded due to Floridians’ functioning together for the advancement of our communities. I will leave you to ponder that statement and that concludes this week’s, The Straight Truth With Mary Ann Hutton.