Florida SB 812: Human Trafficking

Bill Text

812 
Human Trafficking 
2021-01-26T06:28:21Z 
Specifying that an out-of-court statement made by a certain adult victim describing specified acts of human trafficking when he or she was a child is admissible in evidence in civil or criminal proceedings if certain criteria are met; prohibiting the inclusion of depositions in the prosecution of a human trafficking crime; authorizing a court to grant a defendant accused of human trafficking an extension if the defendant demonstrates, upon a showing of need to call witnesses or alibi defenses, that such an extension is necessary after the filing of a demand for a speedy trial by the state attorney, etc. 
Original Filed Version 
2021 
S 
2021-10-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2021 SB 812 

 By Senator Book 

 32-00436A-21 2021812__ 
 1 A bill to be entitled 
 2 An act relating to human trafficking; amending s. 
 3 90.803, F.S.; specifying that an out-of-court 
 4 statement made by a certain adult victim describing 
 5 specified acts of human trafficking when he or she was 
 6 a child is admissible in evidence in civil or criminal 
 7 proceedings if certain criteria are met; providing an 
 8 exception; requiring that, in a criminal action, a 
 9 defendant be notified within a specified timeframe 
 10 before a trial that such a statement will be offered 
 11 at trial; providing notice requirements; requiring a 
 12 court to make specific findings of fact on the record 
 13 for its ruling; amending s. 787.06, F.S.; prohibiting 
 14 the inclusion of depositions in the prosecution of a 
 15 human trafficking crime; providing an exception; 
 16 amending s. 948.30, F.S.; requiring a court to impose 
 17 specified conditions, in addition to all other 
 18 standard and special conditions imposed, on 
 19 probationers or community controllees who are placed 
 20 under supervision for violations of sexually related 
 21 human trafficking offenses on or after a certain date; 
 22 requiring a court to impose specified conditions, in 
 23 addition to any other applicable conditions, on 
 24 probationers or community controllees who are placed 
 25 on community control or sex offender probation for 
 26 violations of sexually related human trafficking 
 27 offenses on or after a certain date; amending s. 
 28 960.0015, F.S.; authorizing a court to grant a 
 29 defendant accused of human trafficking an extension if 
 30 the defendant demonstrates, upon a showing of need to 
 31 call witnesses or alibi defenses, that such an 
 32 extension is necessary after the filing of a demand 
 33 for a speedy trial by the state attorney; authorizing 
 34 the court to grant further extensions to prevent 
 35 deprivation of the defendant’s right to due process; 
 36 requiring each state attorney to adopt a pro 
 37 prosecution policy for acts of human trafficking; 
 38 providing an effective date. 
 39 
 40 Be It Enacted by the Legislature of the State of Florida: 
 41 
 42 Section 1. Present subsection (24) of section 90.803, 
 43 Florida Statutes, is redesignated as subsection (25), and a new 
 44 subsection (24) is added to that section, to read: 
 45 90.803 Hearsay exceptions; availability of declarant 
 46 immaterial.—The provision of s. 90.802 to the contrary 
 47 notwithstanding, the following are not inadmissible as evidence, 
 48 even though the declarant is available as a witness: 
 49 (24) HEARSAY EXCEPTION; STATEMENT OF ADULT VICTIM.— 
 50 (a) Unless the source of information or the method or 
 51 circumstances by which the statement is reported indicates a 
 52 lack of trustworthiness, an out-of-court statement made by an 
 53 adult victim with a physical, mental, emotional, or 
 54 developmental age of 16 years of age or older describing any act 
 55 of human trafficking performed in the presence of, with, by, or 
 56 on the declarant adult when he or she was a child, not otherwise 
 57 admissible, is admissible in evidence in any civil or criminal 
 58 proceeding if: 
 59 1. The court finds in a hearing conducted outside the 
 60 presence of the jury that the time, content, and circumstances 
 61 of the statement provide sufficient safeguards of reliability. 
 62 In making its determination, the court may consider the mental 
 63 and physical age and maturity of the adult, the nature and 
 64 duration of the abuse or offense, the relationship of the adult 
 65 to the offender, the reliability of the assertion, the 
 66 reliability of the victim, and any other factor deemed 
 67 appropriate; and 
 68 2. The adult either: 
 69 a. Testifies; or 
 70 b. Is unavailable as a witness, provided that there is 
 71 other corroborative evidence of the abuse or offense. 
 72 Unavailability shall include a finding by the court that the 
 73 adult’s participation in the trial or proceeding would result in 
 74 a substantial likelihood of severe emotional or mental harm, in 
 75 addition to findings pursuant to s. 90.804(1). 
 76 (b) In a criminal action, the defendant