Florida/Georgia Personal Injury & Workers Compensation

...the allegations regarding the non-fraud predicate acts including: (1) forced labor in violation of 18 U.S.C. § 1589; (2) trafficking in persons for purposes of forced labor and involuntary servitude in violation of 18 U.S.C. § 1590 and Fla. Stat. § 787.06; and (3) unlawful conduct with respect to documents in furtherance of trafficking in violation of 18 U.S.C....

...A third violation is a third degree felony. There is no case law as to whether the State can prove two prior violations to the judge at sentencing or whether the two prior violations are an element of the felony. This instruction was adopted in 2013. 29.24 HUMAN TRAFFICKING § 787.06(3), Fla....

...ething of value from a participation in a venture that subjected a person to] human trafficking. 2. (Defendant) did so [knowing] [in reckless disregard of the fact] that a person would be subject to human trafficking. Definitions. Give in all eases. § 787.06(2)(d), Fla....

...[coercion for labor or services who does so by the transfer or transport of any individual from outside Florida to within Florida]. f. [coercion for commercial sexual activity who does so by the transfer or transport of any individual from outside Florida to within Florida]. Give in all cases, as applicable. § 787.06(2) (a), Fla....

...[using coercion for commercial sexual activity who does so by the transfer or transport of any individual from outside Florida to within Florida]. (Name of controlled substance) is a Schedule [I][II] drug within Florida Statute 893.03. Give as applicable. § 787.06(2)(b), Fla....

...“Sexually explicit performance” means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. d. the production of pornography. § 787.06(2)(c), Fla....

...Insert definition of loan sharking from § 687.071 Fla. Stat. Insert explanation of the statute of frauds from § 725.01 Fla. Stat. “Financial harm” includes [extortionate extension of credit] [loan sharking] [employment contracts that violate the statute of frauds]. § 787.06(2)(e), Fla. Stat. “Labor” means work of economic or financial value. § 787.06(2)0), Fla. Stat. “Maintain” means in relation to labor or services, to secure or make possible *711 continued performance thereof, regardless of any initial agreement on the part of a victim to perform such type service. § 787.06(2)(ff), Fla. Stat. “Obtain” means, in relation to labor or services, to secure performance thereof. § 787.06(2) (h), Fla. Stat. “Services” means any act committed at the behest of, under the supervision of, or for the benefit of another. [The term includes, but is not limited to [forced marriage] [servitude] [the removal of organs].] § 787.06(2)(j), Fla. Stat. See 8 U.S.C. s. 182ha(h)(8). “Unauthorized alien” means an alien who is not authorized under federal law to be employed in the United States. § 787.06(2)(k), Fla. Stat. “Venture” means any group of two or more individuals associated in fact, whether or not a legal entity. Enhanced penalty. § 787.06(3)(g) and (h), Fla....

...ivity. If you find the defendant guilty of Human Trafficking Involving Commercial Sexual Activity, you must then determine whether the State has proven beyond a reasonable doubt that a person under the age of [15][18] was involved. Enhanced penalty. § 787.06(3)(g) and (h), Fla....

...age of [15][18] years. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2013. 29.25 HUMAN TRAFFICKING BY A [PARENT] [LEGAL GUARDIAN] [PERSON WITH CONTROL] OF A MINOR § 787.06(4), Fla....

...therwise transfer custody of (victim) ]. 3. (Defendant) did so [knowing] [in reckless disregard of the fact] that (victim) would be subject to human trafficking. 4. At the time, (victim) was under the age of 18 years. Definitions. Give in all cases. § 787.06(2)(d), Fla....

...[coercion for labor or services who does so by the transfer or transport of any individual from outside Florida to within Florida]. f. [coercion for commercial sexual activity who does so by the transfer or transport of any individual from outside Florida to within Florida]. Give in all cases, as applicable. § 787.06(2)(a), Fla....

...[using coercion for commercial sexual activity who does so by the transfer or transport of any individual from outside Florida to within Florida]. (Name of controlled substance) is a Schedule [I][II] drug within Florida Statute 893.03. Give as applicable. § 787.06(2)(b), Fla....

...“Sexually explicit performance” means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. d. the production of pornography. § 787.06(2)(c), Fla....

...Insert definition of loan sharking from § 687.071, Fla. Stat. Insert explanation of the statute of frauds from § 725.01, Fla. Stat. “Financial harm” includes [extortionate extension of credit] [loan sharking] [employment contracts that violate the statute of frauds]. § 787.06(2) (e), Fla. Stat. “Labor” means work of economic or financial value. § 787.06(2)0), Fla. Stat. “Maintain” means in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of a victim to perform such type service. § 787.06(2)(g), Fla. Stat. “Obtain” means, in relation to labor or services, to secure performance thereof. § 787.06(2) (h), Fla. Stat. “Services” means any act committed at the behest of, under the supervision of, or for the benefit of another. [The term includes, but is not limited to [forced marriage] [servitude] [the removal of organs].] S 787.06(2)6), Fla. Stat. See 8 U.S.C. s. 132ja(h)(3). “Unauthorized alien” means an alien who is not authorized under federal law to be employed in the United States. Enhanced penalty. § 787.06(3)(h), Fla....

...Give if applicable but only in cases where the exploitation involves commercial sexual activity. If you find the defendant guilty of Human Trafficking Involving Commercial Sexual Activity, you must then determine whether the State has proven beyond a reasonable doubt that the minor was under the age of 15. § 787.06(3)(g) and (h), Fla....

........(date of birth)....., was arrested by .....(arresting agency)....., and charged with .....(charges)..... or was convicted by .....(name of prosecuting authority)..... of .....(offenses)...... 2. The petitioner has been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and has committed, or is reported to have committed, an offense, other than those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed, or reported to have been committed, as a part of a h...

...fendant/petitioner in the above-styled cause and I do hereby swear or affirm that: 1. I fully understand the meaning of all of the terms of this affidavit. 2. I have been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and have committed, or was reported to have committed, an offense, other than those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed, or reported to have been committed, as a part of a...

...- 81 - offenses)....., and the court having heard argument of counsel and being otherwise fully advised in the premises, the court hereby finds the following: The petitioner has been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and has committed, or is reported to have committed, an offense, other than those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed, or reported to have been committed, as a part of a h...

...efendant/oetitioneii.am the defendant/petitioner in the above-stvied cause and I do hereby swear or affirm that: 1. 1 fully understand the meaning of all of the terms of this affidavit. 2. 1 have been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and have committed an offense, other than those offenses listed in 775,0840 Wll, which was committed as a part of a human trafficking scheme of which I was the victim or at....

...ority). for.(charges and/or offenses!.and the court having heard argument of counsel and being otherwise fully advised in the premises, the court hereby finds the following: 1. The petitioner has been the victim of human trafficking, as discussed in section 787.06....

...Before MILLER, LOBREE and BOKOR, JJ. BOKOR, J.  In this habeas corpus petition, Sarah Hernandez contends she is being held illegally based on the trial court’s failure to set reasonable bond on the charge of human trafficking pursuant to section 787.06(3)(g), Florida Statutes....

...18 years of age, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 794.011(1), is involved commits a life felony, punishable as provided in s. 775.082(3)(a)6., s. 775.083, or s. 775.084. Fla. Stat. 787.06(3)(g). Section 787.06 also provides the following relevant definitions: (2)(b): “Commercial sexual activity” means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of...

...Before MILLER, LOBREE and BOKOR, JJ. BOKOR, J.  In this habeas corpus petition, Sarah Hernandez contends she is being held illegally based on the trial court’s failure to set reasonable bond on the charge of human trafficking pursuant to section 787.06(3)(g), Florida Statutes....

...in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 794.011(1), is involved commits a life felony, punishable as provided in s. 775.082(3)(a)6., s. 775.083, or s. 775.084. § 787.06(3)(g), Fla. Stat. Section 787.06 also provides the following relevant definitions: (2)(b): “Commercial sexual activity” means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography. [....

were based upon 2016 legislative changes to section 787.06, Florida Statutes, the Committee was directed

...nses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2013. 29.24 HUMAN TRAFFICKING § 787.06(3), Fla....

...receiving something of value from aparticipation in a venture that subjected a person to] human trafficking. Give as applicable 2. (Defendant) did so [knowing] [in reckless disregard of the fact] that a person would be subject to human trafficking. § 787.06(3)(a)1, Fla. Stat. The human trafficking was for the labor or services of a child. § 787.06(3)(a)2, Fla. Stat. The human trafficking involved (defendant’s) use of coercion for the labor or services of an adult. § 787.06(3)(b), Fla. Stat. The human trafficking involved (defendant’s) use of coercion for commercial sexual activity of an adult. § 787.06(3)(c)1, Fla. Stat. The human trafficking was for the labor or services of a child who was an unauthorized alien. § 787.06(3)(c)2, Fla. Stat. The human trafficking involved (defendant’s) use of coercion for the labor or services of an adult who was an unauthorized alien. § 787.06(3)(d), Fla. Stat. The human trafficking involved (defendant’s) use of coercion for commercial sexual activity of an adult who was an unauthorized alien. § 787.06(3)(e)1, Fla. Stat. The human trafficking was for the labor or services of a child by the transfer or transport of the child from outside Florida to within this state. § 787.06(3)(e)2, Fla....

...Stat. - 57 -  The human trafficking involved (defendant’s) use of coercion for the labor or services of an adult by the transfer or transport of the adult from outside Florida to within this state. § 787.06(3)(f)1, Fla. Stat. The human trafficking was for commercial sexual activity of a child by the transfer or transport of the child from outside Florida to within this state. § 787.06(3)(f)2, Fla. Stat. The human trafficking involved (defendant’s) use of coercion for commercial sexual activity of an adult by the transfer or transport of the adult from outside Florida to within this state. § 787.06(3)(g), Fla. Stat. The human trafficking was for commercial sexual activity in which a [child] [person who is mentally defective or mentally incapacitated] was involved. Definitions. Give in all cases. § 787.06(2)(d), Fla....

...[coercion for commercial sexual activity who does so by the transfer or transport of any individual from outside Florida to within Florida]. Give in all cases, as applicable. “Child” means a person under the age of 18. “Adult” means a person 18 years of age or older. Give if applicable. § 787.06(2)(a), Fla....

...[using coercion for commercial sexual activity who does so by the transfer or transport of any individual from outside Florida to within Florida]. (Name of controlled substance) is a Schedule [I] [II] drug within Florida Statute 893.03. Give as applicable. § 787.06(2)(b), Fla....

...private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. d. the production of pornography. - 60 -  § 787.06(2)(c), Fla....

...Insert definition of loan sharking from §687.071 Fla. Stat. Insert explanation of the statute of frauds from §725.01 Fla. Stat. “Financial harm” includes [extortionate extension of credit] [loan sharking] [employment contracts that violate the statute of frauds]. § 787.06(2)(e), Fla. Stat. “Labor” means work of economic or financial value. § 787.06(2)(f), Fla. Stat. “Maintain” means in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of a victim to perform such type service. § 787.06(2)(g), Fla. Stat. “Obtain” means, in relation to labor or services, to secure performance thereof. § 787.06(2)(h), Fla. Stat. “Services” means any act committed at the behest of, under the supervision of, or for the benefit of another. [The term includes, but is not limited to [forced marriage] [servitude] [the removal of organs].] § 787.06(2)(j), Fla. Stat. See 8 U.S.C. s. 1324a(h)(3). “Unauthorized alien” means an alien who is not authorized under federal law to be employed in the United States. § 787.06(2)(k), Fla. Stat. “Venture” means any group of two or more individuals associated in fact, whether or not a legal entity. § 787.06(3)(g), 794.011(1), Fla....

...“Mentally defective” means that a person suffers from a mental disease or defect that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct. - 61 -  Enhanced penalty. § 787.06(3)(g) and (h), Fla....

...If you find the defendant guilty of Human Trafficking Involving Commercial Sexual Activity, you must then determine whether the State has proven beyond a reasonable doubt that: a person under the age of [15] [18] was involved. Enhanced penalty. § 787.06(3)(g) and (h), Fla. Stat. Give if applicable. If the defendant had a reasonable opportunity to observe (victim), the State does not need to prove that the defendant knew that (victim) had not attained the age of [15][18] years. Give if requested. § 787.06(8), Fla....

...victim’s age is not a defense to the crime charged. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comments A conviction under § 787.06(3)(f)1, Fla. Stat., (human trafficking via commercial sexual activity of a child by transport or transfer into Florida) is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life. However, a conviction under 787.06(3)(g) (human trafficking via commercial sexual activity where a child was involved but without a finding that the child was transported from outside the state) is a life felony. This instruction was adopted in 2013 [131 So. 3d 692] and amended in 2015. 29.25 HUMAN TRAFFICKING BY A [PARENT] [LEGAL GUARDIAN] [PERSON WITH CUSTODY OR CONTROL] OF A MINOR § 787.06(4), Fla....

...(Defendant) did so [knowing] [or] [in reckless disregard of the fact] that as a consequence of the sale or transfer, (victim) would be subjected to human trafficking. 4. At the time, (victim) was under the age of 18 years. Definitions. Give in all cases. § 787.06(2)(d), Fla....

...in Florida]. f. [coercion for commercial sexual activity who does so by the transfer or transport of any individual from outside Florida to within Florida]. Give in all cases, as applicable. § 787.06(2)(a), Fla....

...[using coercion for commercial sexual activity who does so by the transfer or transport of any individual from outside Florida to within Florida]. (Name of controlled substance) is a Schedule [I] [II] drug within Florida Statute 893.03. Give as applicable. § 787.06(2)(b), Fla....

...“Sexually explicit performance” means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. d. the production of pornography. § 787.06(2)(c), Fla....

...Insert definition of loan sharking from § 687.071, Fla. Stat. Insert explanation of the statute of frauds from § 725.01, Fla. Stat. “Financial harm” includes [extortionate extension of credit] [loan sharking] [employment contracts that violate the statute of frauds]. § 787.06(2)(e), Fla. Stat. “Labor” means work of economic or financial value. § 787.06(2)(f), Fla. Stat. “Maintain” means in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of a victim to perform such type service. § 787.06(2)(g), Fla. Stat. “Obtain” means, in relation to labor or services, to secure performance thereof. - 65 -  § 787.06(2)(h), Fla. Stat. “Services” means any act committed at the behest of, under the supervision of, or for the benefit of another. [The term includes, but is not limited to [forced marriage] [servitude] [the removal of organs].] § 787.06(2)(j), Fla. Stat. See 8 U.S.C. s. 1324a(h)(3). “Unauthorized alien” means an alien who is not authorized under federal law to be employed in the United States. Enhanced penalty. § 787.06(3)(h), Fla....

...Give if applicable but only in cases where the exploitation involves commercial sexual activity. If you find the defendant guilty of Human Trafficking Involving Commercial Sexual Activity, you must then determine whether the State has proven beyond a reasonable doubt that the minor was under the age of 15. § 787.06(3)(g) and (h), Fla....

........(date of birth)....., was arrested by .....(arresting agency)....., and charged with .....(charges)..... or was convicted by .....(name of prosecuting authority)..... of .....(offenses)...... 2. The petitioner has been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and has committed an offense, other than those offenses listed in 775.084(1)(b)1, which was committed as a part of a human trafficking scheme of which he/she -...

...(charges and/or offenses)....., and the court having heard argument of counsel and being otherwise fully advised in the premises, the court hereby finds the following: The petitioner has been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and has committed an offense, other than those offenses listed in 775.084(1)(b)1,which was committed as a part of a human trafficking scheme of which he/she was the victim, or at the direction of an operator of the scheme....

...he defendant/petitioner in the above-styled cause and I do hereby swear or affirm that: 1. I fully understand the meaning of all of the terms of this sworn statement. 2. I have been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and have committed, or was reported to have - 10 - committed, an offense, other than those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed, or...

...authority)....., for .....(charges and/or offenses)....., and the court having heard argument of counsel and being otherwise fully advised in the premises, the court hereby finds the following: The petitioner has been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and has committed an offense, or is reported to have committed, other than those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed, or reported to have been committed, as a part of a hu...

...in section 393.063, Florida Statutes; (D) is being placed in a residential treatment center or being considered for placement in a residential treatment center; or (E) is a victim of human trafficking as defined in section 787.06 (2)(d), Florida Statutes. (c) [No Change] RULE 8.305....

...committed at the behest of their traffickers are themselves victims of crimes.” Ch. 2013-99, § 2, Laws of Fla. (2013). Section 943.0583 offers three definitions of who is a “victim of human trafficking:” • a person subjected to coercion, as defined in s. 787.06, 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. § 943.0583(1)(c), Fla. Stat. (2018). “Human trafficking” is given the same meaning as provided in section 787.06....

...(2018). The term means: transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. § 787.06(2)(d), Fla....

...truction 29.24 (Human Trafficking), be severed from the remaining proposals, to be considered under the Court’s fast-track procedures because the statute that prompted amendments to instruction 29.24 would become effective October 1, 2016. See § 787.06(8), Fla....

...We now proceed with our consideration of the Committee’s proposal to amend instruction 29.25. The Committee proposes adding a section to instruction 29.25 including a definition for “Lack of Chastity,” which is based upon chapter 2016-199, section 4, Laws of Florida, creating section 787.06(10), Florida Statutes (now section 787.06(11), Florida Statutes (2017))....

...rizing the instruction. -3-  APPENDIX 29.25 HUMAN TRAFFICKING BY A [PARENT] [LEGAL GUARDIAN] [PERSON WITH CUSTODY OR CONTROL] OF A MINOR § 787.06(4), Fla....

...(Defendant) did so [knowing] [or] [in reckless disregard of the fact] that as a consequence of the sale or transfer, (victim) would be subjected to human trafficking. 4. At the time, (victim) was under the age of 18 years. Definitions. Give in all cases. § 787.06(2)(d), Fla. Stat. “Human trafficking” means [transporting] [soliciting] [recruiting] [harboring] [providing] [enticing] [maintaining] [or] [obtaining] another person for the purpose of exploitation of that person. § 787.06(2)(f), Fla. Stat. “Maintain” means in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of a victim to perform such type service. § 787.06(2)(g), Fla. Stat. “Obtain” means, in relation to labor or services, to secure performance thereof. -4-  Give if requested. § 787.06(11), Fla....

...-7-  (D) is being placed in a residential treatment center or being considered for placement in a residential treatment center; or (E) is a victim of human trafficking as defined in section 787.06(2)(d), Florida Statutes. (c) Duties of Attorney....

........(date of birth)....., was arrested by .....(arresting agency)....., and charged with .....(charges)..... or was convicted by .....(name of prosecuting authority)..... of .....(offenses)...... 2. The petitioner has been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and has committed, or is reported to have committed, an offense, other than those offenses listed in section, 775.084(1)(b)1, Florida Statutes, which was committed, or reported to have been committed, as a part of a...

...(charges and/or offenses)....., and the court having heard argument of counsel and being otherwise fully advised in the premises, the court hereby finds the following: The petitioner has been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and has committed, or is reported to have committed, an offense, other than those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed, or reported to have been committed, as a part of a h...

...rmit the [g]overnment to show little more than the possible commission of a federal offense.” Id. First, we note that sex trafficking of a minor is an offense under both federal and Florida law. See Fla. Stat. § 787.06(3) (stating that any person who knowingly engages, or attempts to engage in, human trafficking commits a felony of the first degree); Matos v. State, 359 So. 3d 794, 797 (Fla. Dist. Ct. App. 2023) (explaining that section 787.06(3) “include[s] prostitution of a child within the defi- nition of human trafficking”)....

...d — ⅛-seetion-393.063) -Florida-Statu-tes; (D) is being placed.-in — a.residential treatment center or being considered-for-placement-in-a-r-esidential-freatment-cen-ter-;- or (E-)-is--a-victi-m-of-hum-an-trafflcking as defined — in.section ,787.06(2)(d)) Florida Statutes.- (c) [No Change] RULE 8;305....

...in section 393.063, Florida Statutes; (D) is being placed in a residential treatment center or being considered for placement in a residential treatment center; or (E) is a victim of human trafficking as defined in section 787.06 (2)(d), Florida Statutes. (c) [No Change] RULE 8.305....

...-7-  (D) is being placed in a residential treatment center or being considered for placement in a residential treatment center; or (E) is a victim of human trafficking as defined in section 787.06(2)(d), Florida Statutes. (c) Duties of Attorney....

...ed by .....(arresting agency)....., and charged with .....(charges)..... or was convicted by .....(name of prosecuting authority)..... of .....(offenses)...... 2. The petitioner has been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and has committed, or is reported to have committed, an offense, other than those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed, or reported to have been committed, as a part of a h...

...fendant/petitioner in the above-styled cause and I do hereby swear or affirm that: 1. I fully understand the meaning of all of the terms of this affidavit. 2. I have been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and have committed, or was reported to have committed, an offense, other than those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed, or reported to have been committed, as a part of a...

...(charges and/or offenses)....., and the court having heard argument of counsel and being otherwise fully advised in the premises, the court hereby finds the following: The petitioner has been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and has committed an offense, or is reported to have committed, other than those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed, or reported to have been committed, as a part of a hu...

...ed by .....(arresting agency)....., and charged with .....(charges)..... or was convicted by .....(name of prosecuting authority)..... of .....(offenses)...... 2. The petitioner has been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and has committed, or is reported to have committed, an offense, other than those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed, or reported to have been committed, as a part of a h...

...t/petitioner in the above-styled cause and I do hereby swear or affirm that: 1. I fully understand the meaning of all of the terms of this sworn statement. 2. I have been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and have committed, or was reported to have committed, an offense, other than those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed, or reported to have been committed, as a part of a...

...(charges and/or offenses)....., and the court having heard argument of counsel and being otherwise fully advised in the premises, the court hereby finds the following: The petitioner has been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and has committed an offense, or is reported to have committed, other than those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed, or reported to have been committed, as a part of a hu...

...charged with .....(charges)..... or was convicted by .....(name of prosecuting authority)..... of .....(offenses)...... -5-  2. The petitioner has been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and has committed an offense, other than those offenses listed in 775.084(1)(b)1, which was committed as a part of a human trafficking scheme of which he/she was the victim or at the direction of an operator of the s...

...ard argument of counsel and being otherwise fully advised in the premises, the court hereby finds the following: -7-  1. The petitioner has been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and has committed an offense, other than those offenses listed in 775.084(1)(b)1, which was committed as a part of a human trafficking scheme of which he/she was the victim, or at the direction of an operator of the scheme....

...hassee, and Alexandra A. Folley, Assistant Attorney General, West Palm Beach, for appellee. WARNER, J. Appellant challenges his conviction for human trafficking of a child under the age of eighteen for commercial sexual activity in violation of section 787.06(3)(g), Florida Statutes (2018)....

...under the age of eighteen, or benefited financially by receiving anything of value from participating in a venture that has subjected [ ], a child under the age of eighteen, to human trafficking, for commercial sexual activity, contrary to Florida Statute 787.06(3)(g)....

...knowingly or in reckless disregard of the facts engaged in human trafficking with the minor victim. We agree with the State. Analysis Human Trafficking Statute The human trafficking statute, section 787.06, Florida Statutes (2018), provides: (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving...

...subjected a person to human trafficking: .... (g) For commercial sexual activity in which any child younger than 18 years of age . . . is involved commits a life felony, punishable as provided in s. 775.082(3)(a) 6., s. 775.083, or s. 775.084. § 787.06(3)(g), Fla. Stat. (2018). Section 787.06 defines human trafficking as “transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person.” § 787.06(2)(d), Fla. Stat. (2018). “Commercial sexual activity” means “any violation of Chapter 796 or an attempt to commit any such offense[.]” § 787.06(2)(b), Fla. Stat. (2018) (emphasis supplied). 3 Chapter 796 includes section 796.07, Florida Statutes (2018), which prohibits prostitution and related acts. “Exploitation” is not defined in the section 787.06....

...child,” to include “the act of a child offering to engage in or engaging in prostitution, or the act of allowing, encouraging, or forcing a child to: 1. Solicit for or engage in prostitution; . . . or 3. Participate in the trade of human trafficking as provided in s. 787.06(3)(g).” See § 39.01(77)(g), Fla. Stat. (2018). 1 Moreover, section 787.06 provides a definition for exploitation, by the examples of human trafficking that are prohibited in section 787.06(3)(a) through subsection (3)(g), which include coerced labor, coerced services, and sexual exploitation. Soliciting a child for prostitution is included within the meaning of “exploitation” by section 787.06(3)(g)....

...A person who “knowingly or recklessly in disregard of the facts” engages in human trafficking by soliciting a child for commercial sexual activity violates the statute. Such activity includes any violation of Chapter 796, prohibiting prostitution and related acts. See § 787.06(2)(b), Fla....

...(2018). 4  It is the intent of the Legislature that adults who involve minors in any behavior prohibited under this chapter be prosecuted under other laws of this state, such as, but not limited to, s. 787.06, chapter 794, chapter 800, s....

...Thus, the Legislature specifically directed that prostitution of minors be prosecuted under the human trafficking statutes and not as misdemeanors under Chapter 796. Appellant admits he engaged in an act of prostitution with the victim, who was a minor. Section 787.06(9) provides that the “defendant’s ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or the defendant’s bona fide belief of the victim’s age cannot be raised as a defense.” § 787.06(9), Fla....

...4th DCA 2021). 5  Cross-Appeal Life Penalty for Violation of Statute The State cross-appeals the trial court’s sentence of forty years in prison for appellant’s conviction on human trafficking. The State argues that section 787.06 requires a mandatory life sentence, while appellant contends that the trial court had discretion to impose a lesser sentence. “The legality of a criminal sentence is reviewed de novo.” Davis v. State, 218 So. 3d. 890, 891 (Fla. 4th DCA 2017). “Likewise, issues of statutory interpretation are reviewed de novo.” Id. Section 787.06(3)(g), with which appellant was charged, states that any person committing that offense “commits a life felony.” Appellant and the State agree that appellant was to be sentenced based on section 775.082(3)(a)6., Florida Statutes (2...

...ich states: (3) A person who has been convicted of any other designated felony may be punished as follows: .... (a) . . . 6. For a life felony committed on or after October 1, 2014, which is a violation of s. 787.06(3)(g), by a term of imprisonment for life.” Id....

...determine whether ‘may’ should be read as a mandatory term.”). 6  The plain text of section 775.082(3)(a)6. has only one sentencing option for a defendant convicted of human trafficking of a minor for commercial sexual activity under section 787.06(3)(g), an “imprisonment for a term of life.” The subsection does not suggest a sentencing range is available to the court to vary the sentence....

...800.04(4)(b), Florida Statutes (2022), the Legislature has clearly designated the commercial exploitation of a child through human trafficking as a particularly egregious crime which it intends for the State to prosecute to the fullest extent. 2 See § 787.06(1), Fla....

...As of November 2018, Tthere is no case law regarding the definition of “law enforcement officer.” This instruction was adopted in 2013 [131 So. 3d 755], and amended in 2019. 29.24 HUMAN TRAFFICKING § 787.06(3), Fla....

...(Defendant) knowingly, or in reckless disregard of the facts, [engaged in] [attempted to engage in] [benefited financially by receiving something of value from participation in a venture that subjected a person to] human trafficking. Give as applicable. 2. § 787.06(3)(a)1, Fla. Stat. The human trafficking was for the labor or services of a child. § 787.06(3)(a)2, Fla. Stat. The human trafficking involved (defendant’s) use of coercion for the labor or services of an adult. § 787.06(3)(b), Fla. Stat. The human trafficking involved (defendant’s) use of coercion for commercial sexual activity of an adult. § 787.06(3)(c)1, Fla. Stat. The human trafficking was for the labor or services of a child who was an unauthorized alien. § 787.06(3)(c)2, Fla. Stat. The human trafficking involved (defendant’s) use of coercion for the labor or services of an adult who was an unauthorized alien. § 787.06(3)(d), Fla. Stat. The human trafficking involved (defendant’s) use of coercion for commercial sexual activity of an adult who was an unauthorized alien. § 787.06(3)(e)1, Fla. Stat. The human trafficking was for the labor or services of a child by the transfer or transport of the child from outside Florida to within this state. § 787.06(3)(e)2, Fla....

...Stat. The human trafficking involved (defendant’s) use of coercion for the labor or services of an adult by the transfer or transport of the adult from outside Florida to within this state. - 11 -  § 787.06(3)(f)1, Fla. Stat. The human trafficking was for commercial sexual activity of a child by the transfer or transport of the child from outside Florida to within this state. § 787.06(3)(f)2, Fla. Stat. The human trafficking involved (defendant’s) use of coercion for commercial sexual activity of an adult by the transfer or transport of the adult from outside Florida to within this state. § 787.06(3)(g), Fla. Stat. The human trafficking was for commercial sexual activity in which a [child] [person who is mentally defective or mentally incapacitated] was involved. Reclassification. § 787.06(8), Fla....

...d a reasonable doubt that during the commission of the Human Trafficking, [he] [she] caused [great bodily harm] [or] [permanent disability] [or] [permanent disfigurement to [another person] [(victim)]. Definitions. Give in all cases. § 787.06(2)(d), Fla....

...r older. Give if applicable. Wheeler v. State, 203 So. 3d 1007 (Fla. 4th DCA 2016). “Great bodily harm” means great as distinguished from slight, trivial, minor, or moderate harm, and as such does not include mere bruises. § 787.06(2)(a), Fla....

...Providing a controlled substance as outlined in Schedule [I] [II] of Florida Statute 893.03 to any person for the purpose of exploitation of that person. (Name of controlled substance) is a Schedule [I] [II] drug within Florida Statute 893.03. Give as applicable. § 787.06(2)(b), Fla....

...private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. d. the production of pornography. § 787.06(2)(c), Fla....

...Insert definition of loan sharking from §687.071 Fla. Stat. Insert explanation of the statute of frauds from §725.01 Fla. Stat. “Financial harm” includes [extortionate extension of credit] [loan sharking] [employment contracts that violate the statute of frauds]. § 787.06(2)(e), Fla. Stat. “Labor” means work of economic or financial value. § 787.06(2)(f), Fla. Stat. “Maintain” means in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of a victim to perform such type service. § 787.06(2)(g), Fla. Stat. “Obtain” means, in relation to labor or services, to secure performance thereof. § 787.06(2)(h), Fla. Stat. “Services” means any act committed at the behest of, under the supervision of, or for the benefit of another. [The term includes, but is not limited to [forced marriage] [servitude] [the removal of organs].] § 787.06(2)(j), Fla. Stat. See 8 U.S.C. s. 1324a(h)(3). “Unauthorized alien” means an alien who is not authorized under federal law to be employed in the United States. - 14 -  § 787.06(2)(k), Fla. Stat. “Venture” means any group of two or more individuals associated in fact, whether or not a legal entity. § 787.06(3)(g), 794.011(1), Fla....

...person without his or her consent. “Mentally defective” means that a person suffers from a mental disease or defect that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct. Give if requested. § 787.06(9), Fla....

...Stat. The defendant’s ignorance of (victim’s) age, (victim’s) misrepresentation of [his] [her] age, or the defendant’s bona fide belief of (victim’s) age is not a defense to the crime charged. “Bona fide” means genuine. Give if requested. § 787.06(101), Fla....

...a defense if [he] [she] was under 18 years of age at the time of the offense. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comments A conviction under § 787.06(3)(f)1, Florida Statutes, (human trafficking via commercial sexual activity of a child by transport or transfer into Florida) is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life. However, a conviction under § 787.06(3)(g), Florida Statutes, (human trafficking via commercial sexual activity where a child was involved but without a finding that the child was transported from outside the state) is a life felony. This instruction was adopted in 2013 [131 So....