Title: Human Trafficking

Summary: Revises disposition of assets seized under specified provisions; requires defendants convicted of certain offenses to pay minor victim restitution; specifies factors to be used in calculation of restitution; provides procedures for issuance & amendment of such orders.

Full Text:
An act relating to human trafficking; amending s. 787.06, F.S.; revising disposition of assets seized under specified provisions; requiring defendants convicted of certain offenses to pay minor victim restitution; specifying factors to be used in the calculation of restitution; providing procedures for issuance and amendment of such orders; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (7) of section 787.06, Florida Statutes, is amended, and subsection (12) is added to that section, to read: 787.06 Human trafficking.-(7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of any provision of this section or s. 796.07(5)(d) may be seized and forfeited as provided in s. 932.704 and the proceeds shall first be used to pay restitution to the victims of the violator. Any remaining asse ts shall be remitted to the Crimes Compensation Trust Fund for the purposes described in s. 960.21 forfeited subject to the provisions of the Florida Contraband Forfeiture Act. HB 2020 (12)(a) The court shall order a defendant convicted of an offense under this section, chapter 794, chapter 796, chapter 800, s. 810.145, chapter 827, or chapter involving a minor victim to pay mandatory restitution to the minor victim in an amount equal to the cost of rehabilitation, including: 1. Costs of psychological and medical treatment, including physical and occupational therapy and associated prescription drugs. 2. Costs of necessary transportation, temporary housing, and child care. 3. Court-related costs such as attorney fees and victim advocate fees. 4. The va lue of the minor victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act while the minor victim is involved in the human trafficking situation. (b) If the minor victim returns to his or her home country or is absent from the jurisdiction, the minor victim is not prevented from receiving restitution. (c) The court shall, after considering the financial circumstances of the defendant, specify in a restitution order issued under paragraph (a) the manner i nwhich the defendant must pay the restitution. (d) The court may hold a hearing and amend a restitution order issued under paragraph (a) if the defendant fails to pay HB 2020 the minor victim named in the order in the manner specified by the court. Section.This act shall take effect July 1, 2020.