Florida Human Trafficking FAQ Legal Rights, Protections and Resources for Survivors in Florida
Human trafficking is a serious crime and a profound violation of human rights across Florida. Florida has enacted strong laws to prosecute traffickers and to protect, compensate, and support survivors. Whether you are a Florida human trafficking survivor seeking legal help, a family member trying to support a loved one, or a community member who wants to understand their rights, this Florida human trafficking FAQ provides critical answers about human trafficking law, civil lawsuits, and survivor protections in Florida. Our experienced Florida human trafficking lawyer Travis R. Walker is here to help you navigate every step of the legal process.
Florida Human Trafficking Legal Information Sources
Florida Human Trafficking FAQ: Questions Answered
- The Law Offices of Travis R. Walker, P.A. Supports Human Trafficking Survivors
- What Is Human Trafficking Under Florida Law?
- How Florida Law Defines Exploitation?
- Is Human Trafficking a Crime in Florida?
- What Legal Protections Are Available to Human Trafficking Survivors in Florida?
- Why These Protections Matter for Survivors?
- Can a Survivor Sue Their Trafficker in Civil Court?
- What Is the Process for Vacating a Criminal Record Related to Being Trafficked?
- What Should I Do If I Suspect Someone Is Being Trafficked?
- Are There Special Protections for Minor Victims of Human Trafficking in Florida?
- How Can a Human Trafficking Attorney Help Me?
The Law Offices of Travis R. Walker, P.A. Supports Human Trafficking Survivors
Our attorneys are deeply committed to helping survivors of human trafficking in Florida understand their legal rights, access available protections, and pursue justice against those who have exploited them. Furthermore, we help survivors pursue civil remedies to obtain the compensation they deserve. We serve clients throughout Treasure Coast, FL with sensitivity, compassion, and an unwavering commitment to their wellbeing. Below are Florida Human Trafficking FAQ.
What Is Human Trafficking Under Florida Law?
Under Florida Statute § 787.06, human trafficking involves transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation. Florida law recognizes two primary forms of human trafficking. First, labor trafficking involves forced labor or services. Second, sex trafficking involves commercial sexual exploitation. Importantly, human trafficking does not require traffickers to transport victims across state or national borders.
How Florida Law Defines Exploitation
Florida law broadly defines exploitation to include both physical force and psychological manipulation. Therefore, survivors do not need to prove physical violence to establish that trafficking occurred. Additionally, traffickers often use debt bondage, threats, and coercion as tools of control. Understanding these definitions is critical when building a strong civil or criminal case.
Is Human Trafficking a Crime in Florida?
Yes, and the penalties are severe. Human trafficking is a serious felony under both Florida and federal law. Specifically, trafficking of an adult is a first-degree felony, while trafficking of a minor is a life felony. Moreover, traffickers can also face federal charges under the Trafficking Victims Protection Act (TVPA). Beyond criminal prosecution, survivors of trafficking have significant civil legal rights, including the right to sue their traffickers directly for damages.
What Legal Protections Are Available to Human Trafficking Survivors in Florida?
Florida provides several important legal protections for survivors of human trafficking. Specifically, these protections include:
- Immunity from prosecution for certain crimes committed as a direct result of being trafficked, including prostitution and drug offenses
- The right to vacate criminal convictions that resulted from being trafficked under Florida’s vacatur statute
- Access to state-funded emergency and transitional services through the Florida Department of Children and Families
- Eligibility for certain public benefits and victim compensation
- The right to bring a civil lawsuit against traffickers and those who benefited from trafficking
- Confidentiality protections for survivors’ personal information
Why These Protections Matter for Survivors
These protections exist because Florida recognizes that survivors often commit offenses as a direct result of their trafficking situation. Consequently, the law shields survivors from punishment for actions they took under exploitation. Furthermore, these protections help survivors rebuild their lives by removing legal barriers to employment, housing, and education.
Can a Survivor Sue Their Trafficker in Civil Court?
Yes, and this is a powerful legal option for survivors. Florida law gives survivors of human trafficking the right to bring civil claims directly against their traffickers. Additionally, survivors can pursue claims against businesses or individuals who knowingly benefited from trafficking ventures. As a result, survivors may recover compensatory damages for physical and emotional injuries, lost wages, and medical expenses. Courts can also award punitive damages to hold traffickers financially accountable. Furthermore, Florida’s civil statute of limitations for human trafficking claims gives survivors additional time to file, recognizing that trauma may delay a survivor’s ability to seek legal help.
What Is the Process for Vacating a Criminal Record Related to Being Trafficked?
Florida law allows survivors to petition the court directly to vacate criminal charges or convictions for offenses that resulted from being trafficked. This legal remedy helps survivors clear their records so they can access employment, housing, and educational opportunities without the stigma of a trafficking-related criminal record. However, navigating this process can be complex. Therefore, working with an experienced human trafficking attorney is strongly recommended. An attorney can guide you through the petition process and actively advocate on your behalf in court.
What Should I Do If I Suspect Someone Is Being Trafficked?
If you suspect someone is being trafficked, act quickly and report it immediately. First, contact the National Human Trafficking Hotline at 1-888-373-7888, which is available 24/7, confidential, and multilingual. Alternatively, you can text “HELP” to 233733 (BeFree). In an emergency situation, call 911 immediately. Additionally, Florida law enforcement agencies, including the Florida Department of Law Enforcement, actively investigate human trafficking cases. However, do not attempt to intervene directly, as this could put both you and the victim in danger.
Are There Special Protections for Minor Victims of Human Trafficking in Florida?
Yes, and these protections are especially strong. Florida law provides heightened protections for minors who are victims of human trafficking. Specifically, Florida law presumes that a minor who engages in commercial sexual activity is a victim of human trafficking, regardless of whether force, fraud, or coercion is proven. Furthermore, the Florida Safe Harbor Act provides specialized services for trafficked minors, including shelter, counseling, and support services. Therefore, an attorney can help ensure that a minor victim receives the full range of protections and services to which they are entitled.
How Can a Human Trafficking Attorney Help Me?
An experienced Florida human trafficking attorney actively assists survivors in numerous ways, including:
- Evaluating your legal rights and available remedies
- Petitioning the court to vacate trafficking-related criminal convictions
- Filing a civil lawsuit against your trafficker or other liable parties
- Connecting you with victim services, housing assistance, and counseling resources
- Protecting your identity and confidential information throughout legal proceedings
- Helping you obtain a T visa or other immigration relief if you are not a U.S. citizen
Take the First Step Toward Justice Today
If you or someone you know has been a victim of human trafficking, contact The Law Offices of Travis R. Walker, P.A. today. We actively provide confidential, compassionate representation for survivors throughout Florida. Moreover, we fight tirelessly to hold traffickers accountable and help survivors rebuild their lives. Contact us today for a confidential consultation.
Check our Human Trafficking Legal Videos & learn more about our experienced Human Trafficking Attorney.
Government & Law Enforcement:
National Human Trafficking Hotline
U.S. Department of Justice Human Trafficking
