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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 787
KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED OFFENSES
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F.S. 787.061
787.061 Civil actions by victims of human trafficking.
(1) FINDINGS.The Legislature finds that it is necessary to provide a civil cause of action for the recovery of specified damages and costs in order to achieve the intent of the Legislature relating to human trafficking as expressed in s. 787.06(1)(d).
(2) DEFINITIONS.As used in this section, the term:
(a) “Human trafficking” has the same meaning as provided in s. 787.06(2).
(b) “Victim of human trafficking” means a person subjected to coercion, as defined in s. 787.06(2), or by any other means, for the purpose of being used in human trafficking; a child under 18 years of age subjected to human trafficking; or an individual subjected to human trafficking as defined by federal law.
(3) CIVIL CAUSE OF ACTION.
(a) A victim of human trafficking has a civil cause of action against an adult theater, as defined in s. 847.001(2)(b), or an owner, an operator, or a manager of such theater, that knowingly allows a victim of human trafficking to work, perform, or dance at the adult theater. Such victim may recover damages as provided in this section.
(b) The action may be brought in any circuit court of competent jurisdiction in this state.
(c) A victim who prevails in any such action may recover economic and noneconomic damages; punitive damages, as provided in ss. 768.72, 768.725, and 768.73; reasonable attorney fees; and costs.
1. Economic damages include, but are not limited to, past and future medical and mental health expenses; repatriation expenses, when a victim elects repatriation; and all other reasonable costs and expenses incurred by the victim in the past or estimated to be incurred by the victim in the future as a result of the human trafficking.
2. Noneconomic damages are nonfinancial losses that would not have occurred but for the victimization, and include pain and suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of capacity for enjoyment of life, and other nonfinancial losses.
(d) The civil remedies provided for in this section do not preempt any other remedy or cause of action provided by law, except that a victim may not recover against the same defendant under both this section and s. 772.104(2).
(e) If the factfinder determines a parent or legal guardian knowingly trafficked the victim, facilitated such trafficking, or otherwise participated in the human trafficking of the victim, the court may not allow such parent or legal guardian to receive any distribution of damages awarded under this section.
(f) The court shall have specific authority to consolidate civil actions for the same defendant for the purpose of case resolution and aggregate jurisdiction.
(4) STATUTE OF LIMITATIONS.The statute of limitations as specified in s. 95.11(7) or (9), as applicable, governs an action brought under this section.
History.s. 4, ch. 2023-86.