Florida Senate - 2022                                    SB 1288
       By Senator Rodriguez
       39-01614-22                                           20221288__
    1                        A bill to be entitled                      
    2         An act relating to civil actions by victims of human
    3         trafficking; creating s. 787.061, F.S.; providing
    4         legislative findings; defining terms; authorizing a
    5         victim of human trafficking to bring a civil action
    6         against specified persons or entities; specifying that
    7         a victim of human trafficking who prevails in such an
    8         action is entitled to recover specified damages,
    9         penalties, fees, expenses, and costs; providing for
   10         the calculation and inclusion of economic damages and
   11         noneconomic damages; specifying the required standard
   12         of proof; providing that there is no statute of
   13         limitation for such civil actions; providing an
   14         effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Section 787.061, Florida Statutes, is created to
   19  read:
   20         787.061Civil actions by victims of human trafficking.—
   21         (1)LEGISLATIVE FINDINGS.—The Legislature finds that, to
   22  achieve the goals of the state relating to human trafficking as
   23  specified in s. 787.06(1)(d), it is necessary to provide a civil
   24  cause of action for the recovery of compensatory and punitive
   25  damages and costs.
   26         (2)DEFINITIONS.—As used in this section, the term:
   27         (a)“Human trafficking” has the same meaning as in s.
   28  787.06.
   29         (b)“Labor” has the same meaning as in s. 787.06.
   30         (c)“Services” has the same meaning as in s. 787.06.
   31         (d)“Venture” has the same meaning as in s. 787.06.
   32         (e)“Victim of human trafficking” means an individual
   33  subjected to coercion as defined in s. 787.06 for the purpose of
   34  being used in human trafficking, a child under 18 years of age
   35  subjected to human trafficking, or an individual subjected to
   36  human trafficking as defined by federal law.
   37         (3)CIVIL CAUSE OF ACTION.—
   38         (a)A victim of human trafficking may bring a civil action
   39  against any person, business, entity, or organization that
   40  knowingly, or with reckless disregard of the facts, engages or
   41  attempts to engage in an act of human trafficking or benefits
   42  financially by receiving anything of value from participation in
   43  a venture that the person, business, entity, or organization
   44  knew or should have known engaged in an act of human
   45  trafficking.
   46         (b)A victim of human trafficking who prevails in a civil
   47  action is entitled to recover economic and noneconomic damages,
   48  penalties, punitive damages, reasonable attorney fees,
   49  reasonable investigative expenses, and costs.
   50         1.The measure of economic damages for labor or services
   51  coerced from the victim of human trafficking is the greater of
   52  the fair market value of the labor or services provided or the
   53  amount realized by the trafficker.
   54         2.The measure of economic damages must be calculated as a
   55  daily amount of the compensation payable to a person under s.
   56  961.06(1)(a) for every day the victim was subject to human
   57  trafficking.
   58         3.Economic damages also include past and future medical
   59  expenses and mental health expenses; repatriation expenses, if a
   60  victim elects repatriation; loss of earning potential; and all
   61  other reasonable costs and expenses incurred by the victim in
   62  the past or estimated to be incurred by the victim in the future
   63  as a result of the human trafficking.
   64         4.Noneconomic damages are nonfinancial losses that would
   65  not have occurred but for the victimization and include physical
   66  harm, pain and suffering, psychological harm, physical
   67  impairment, mental anguish, disfigurement, loss of capacity for
   68  enjoyment of life, reputational harm, and other nonfinancial
   69  losses.
   70         (c)The action may be brought in any court of competent
   71  jurisdiction, and the standard of proof is a preponderance of
   72  the evidence.
   73         (d)There is no statute of limitation for actions brought
   74  pursuant to this section.
   75         Section 2. This act shall take effect July 1, 2022.