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FL H1017

Bill

Status

Failed

5/2/2014

Primary Sponsor

Criminal Justice Subcommittee

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • Restructures human trafficking offenses under s. 787.06 to distinguish between child and adult victims and between labor/services and commercial sexual activity, with penalties ranging from first-degree felonies up to life felonies — including life imprisonment for commercial sexual exploitation of children under 18 (and enhanced for children under 15) — while eliminating the defense of ignorance of a victim's age

  • Eliminates the statute of limitations for human trafficking prosecutions, effective for offenses not already time-barred as of October 1, 2014

  • Declares legislative intent that minors cannot consent to prostitution, repeals three prostitution statutes formerly used to prosecute trafficking of minors (ss. 796.03, 796.035, 796.036), and redirects prosecution of adults who exploit minors to human trafficking, sexual battery, and child abuse statutes

  • Creates a new second-degree felony for permanently branding a human trafficking victim, and upgrades the penalty for a parent or guardian who sells or transfers custody of a minor for trafficking purposes from a first-degree felony to a life felony

  • Significantly increases penalties for prostitution-related offenses: deriving support from prostitution rises to a second-degree felony (first offense) through a first-degree felony with a mandatory minimum 10-year sentence (third offense); buyers, solicitors, procurers, and operators face third-degree felony penalties on first offense escalating to first-degree felony on third offense, with a $5,000 criminal penalty funding drug court programs and DCF safe houses

  • Expands criminal record expunction eligibility for human trafficking victims under s. 943.0583 to cover arrests and filed charges — not just convictions — for offenses committed while the person was a victim, regardless of case disposition, with expunged convictions deemed vacated due to substantive defect

  • Prohibits employment of persons under 18 in adult theaters, requires operators to verify and retain age-identification records for all employees and contractors, and authorizes unannounced government inspections during operating hours

  • Updates the offense severity ranking chart to reflect restructured human trafficking penalties across levels 5 through 10 and adds new human trafficking subsections — particularly s. 787.06(3)(g) and (3)(h) — to sexual predator and sexual offender registration requirements throughout Florida law

  • Amends cross-references in more than a dozen statutes — including RICO definitions, sexual offender registration, administrative probation ineligibility, kidnapping aggravators, and criminal record sealing provisions — to conform with the repeal of ss. 796.03, 796.035, and 796.036 and the restructured trafficking framework

  • The act takes effect October 1, 2014

Legislative Description

Human Trafficking

Last Action

Died in Children, Families, and Elder Affairs, companion bill(s) passed, see CS/CS/CS/HB 989 (Ch. 2014-160)

5/2/2014

Committee Referrals

Children, Families, and Elder Affairs4/23/2014
Judiciary4/2/2014
Justice Appropriations Subcommittee3/24/2014
Criminal Justice Subcommittee3/5/2014

Full Bill Text

No bill text available