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Human Trafficking Laws and Statutes

Legislative Updates:

March 2017 Legislative Update:
·  HB 581 and SB 1016 - Relating to Family Self-Sufficiency 
·  HB 7075 - Relating to Child Welfare 
·  SB 416 - Relating to Use of Animals in Proceedings Involving Minors 
·  SB 852 and HB 383 - Relating to Human Trafficking 
·  SB 1044 - Relating to Child Welfare 
·  HB 1121 - Relating to Child Welfare 
·  HB 857 and SB 118 - Relating to Criminal History Records 
·  SB 60 and HB 217 - Relating to Children Obtaining Driver Licenses 
·  SB 358 - Relating to Mental Health and Substance Abuse 
·  SB 286 - Relating to Human Trafficking Education in Schools

Federal Laws

The Victims of Trafficking and Violence Prevention Act (TVPA) 2000:
Cornerstone of Federal Human Trafficking legislation. Criminalizes trafficking e boarder forms of coercion; increases criminal penalties; requires mandatory restitution; provides for forfeiture; provides victims legal status (T-visas) and benefits; established the office to monitor and combat trafficking in persons which is responsible to publish the TIP report.
Trafficking Victims Protection Reauthorization Act of 2003
Establish a federal, civil right of action for trafficking victims to sue their traffickers; adds human trafficking to the list of crimes that can be charged under the Racketeering Influenced Corrupt Organizations (RICO) statute; includes additional provisions for protection of victims and their families from deportation, and a requirement that the Attorney General report to Congress annually on the activities of the U.S. government in the fight against trafficking.
Establishes enhanced penalties for individuals engaging in sex tourism with children, both within the United States and in other countries; establishes the Amber Alert System and other methods of alerting the public to missing, exploited, and abducted children; and grants for transitional housing for child victims of sexual assault.
Trafficking Victims Protection Reauthorization Act of 2005
Creates a program for sheltering minors who are survivors of human trafficking, and grant programs to assist state and local law enforcement combat trafficking; expands measures to combat trafficking internationally, including provisions to fight sex tourism, and a strengthening of the regulation over government contracts to ensure they are not made with individuals or organizations that promote or engage in human trafficking.
William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
Requires that the government provide information about workers’ rights to all people applying for work and education-based visas; expands the protections available with the T visa, and required that all unaccompanied alien children be screened as potential victims of human trafficking; enhances criminal sanctions against traffickers.
Prohibits importing goods that are made through the use of coercion or goods made by victims of human trafficking (amendment the original Tariff Act of 1930 – prohibits importing goods made with forced labor).
Established the Human Smuggling and Trafficking Center to achieve effectiveness in the U.S. government's enforcement and other response efforts, and to work with foreign governments to address the separate but related issues of alien smuggling, trafficking in persons, and criminal support of clandestine terrorist travel.
Provides notice to property owners whose properties have been identified as being used to facilitate smuggling or harboring aliens; it is an important tool because many employers turn a blind eye to the facilitation of criminal activity on their properties.
Mann Act of 1910
Criminalizes the transportation of minors, and the coercion of adults to travel across state lines or to foreign countries, for the purposes of engaging commercial sex; effective tool used to prosecute human traffickers.
National Defense Authorization Act of 2013
Seeks limit human trafficking associated with government contractors; gives governmental agencies the ability to terminate, without penalty, any contract or grant with any organization or individual that engages in human trafficking.
State Laws

Florida Safe Harbor act
Authorizes delivery of children alleged to be dependent and sexually exploited to short-term safe houses; provides duties, responsibilities, and requirements for safe houses and their operators; provides for training for law enforcement officials who are likely to encounter sexually exploited children; provides for increased civil penalty for soliciting another to commit prostitution or related acts; allows victim compensation for sexually exploited children.
CS/CS/HB 7141
Directs DCF, DJJ, and lead agencies to participate in coordination of local responses to human trafficking; authorizes department to certify safe houses and safe foster homes and provides requirements for certification; authorizes placement of child in settings other than safe houses and safe foster homes under certain conditions; provides for transfer of general revenue funds and establishes positions.
CS/CS/HB 1325
Provides for expungement of criminal history record of victim of human trafficking; designates what offenses may be expunged; provides that conviction expunged under this act is deemed to have been vacated due to substantive defect in underlying criminal proceedings; provides requirements for petitions; provides for physical destruction of records; authorizes person whose records are expunged to lawfully deny or fail to acknowledge arrests covered by expunged record.
Prohibiting the employment of minors in adult theaters; eliminating the statute of limitations for prosecutions under a specified human trafficking provision; repealing provisions relating to procuring a person under the age of 18 for prostitution, selling or buying of minors into prostitution, and reclassification of certain violations involving minors, respectively; increased penalties.
HB 7049
Requires employee of massage establishment and any person performing massage therein to present, upon request of investigator, valid government identification; provides documentation requirements for operator of massage establishment; provides for forfeiture of property used, attempted to be used, or intended to be used in violation of specified human trafficking provisions.
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