(1) For purposes of this section, the term:
(a) “Anti-human trafficking organization” means a registered public or private agency that offers assistance to victims of the offense of human trafficking, as defined in s. 787.06(2).
(b) “Human trafficking victim” means a person who consults a human trafficking victim advocate or a trained volunteer for the purpose of securing advice, counseling, or services concerning a need arising from an experience of human trafficking exploitation.
(c) “Human trafficking victim advocate” means an employee of an anti-human trafficking organization whose primary purpose is to provide advice, counseling, or services to human trafficking victims and who complies with the training requirements under subsection (5).
(d) “Trained volunteer” means a person who volunteers with an anti-human trafficking organization and who complies with the training requirements under subsection (5).
(2) A communication between a human trafficking victim advocate or trained volunteer and a human trafficking victim is confidential if it is not intended to be disclosed to third persons other than:
(a) Those persons present to further the interest of the human trafficking victim in the consultation, examination, or interview.
(b) Those persons necessary for the transmission of the communication.
(c) Those persons to whom disclosure is reasonably necessary to accomplish the purposes for which the human trafficking victim advocate or trained volunteer is consulted.
(3) A human trafficking victim has a privilege to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made by the human trafficking victim to a human trafficking victim advocate or trained volunteer or a record made in the course of advising, counseling, or providing services to the human trafficking victim. Such confidential communication or record may be disclosed only with the prior written consent of the human trafficking victim. This privilege includes any advice given by the human trafficking victim advocate or trained volunteer to the human trafficking victim in the course of that relationship.
(4) The privilege may be claimed by:
(a) The human trafficking victim or the human trafficking victim’s attorney on his or her behalf.
(b) The guardian or conservator of the human trafficking victim.
(c) The personal representative of a deceased human trafficking victim.
(d) The human trafficking victim advocate or trained volunteer, but only on behalf of the human trafficking victim. The authority of a human trafficking victim advocate or trained volunteer to claim the privilege is presumed in the absence of evidence to the contrary.
(5) A human trafficking victim advocate or a trained volunteer shall:
(a) Complete 24 hours of human trafficking training delivered by the Office of the Attorney General, the Bureau of Criminal Justice Programs and Victim Services, and the Florida Crime Prevention Training Institute.
(b) Within 3 years after completing the training required under paragraph (a), complete an 8-hour human trafficking update course.
History.—s. 1, ch. 2021-189.
Structure Florida Statutes
90.103 - Scope; Applicability.
90.105 - Preliminary Questions.
90.106 - Summing Up and Comment by Judge.
90.107 - Limited Admissibility.
90.108 - Introduction of Related Writings or Recorded Statements.
90.201 - Matters Which Must Be Judicially Noticed.
90.202 - Matters Which May Be Judicially Noticed.
90.203 - Compulsory Judicial Notice Upon Request.
90.204 - Determination of Propriety of Judicial Notice and Nature of Matter Noticed.
90.205 - Denial of a Request for Judicial Notice.
90.206 - Instructing Jury on Judicial Notice.
90.207 - Judicial Notice by Trial Court in Subsequent Proceedings.
90.301 - Presumption Defined; Inferences.
90.302 - Classification of Rebuttable Presumptions.
90.303 - Presumption Affecting the Burden of Producing Evidence Defined.
90.304 - Presumption Affecting the Burden of Proof Defined.
90.401 - Definition of Relevant Evidence.
90.402 - Admissibility of Relevant Evidence.
90.4025 - Admissibility of Paternity Determination in Certain Criminal Prosecutions.
90.4026 - Statements Expressing Sympathy; Admissibility; Definitions.
90.403 - Exclusion on Grounds of Prejudice or Confusion.
90.404 - Character Evidence; When Admissible.
90.405 - Methods of Proving Character.
90.407 - Subsequent Remedial Measures.
90.408 - Compromise and Offers to Compromise.
90.409 - Payment of Medical and Similar Expenses.
90.410 - Offer to Plead Guilty; Nolo Contendere; Withdrawn Pleas of Guilty.
90.501 - Privileges Recognized Only as Provided.
90.5015 - Journalist’s Privilege.
90.502 - Lawyer-Client Privilege.
90.5021 - Fiduciary Lawyer-Client Privilege.
90.503 - Psychotherapist-Patient Privilege.
90.5035 - Sexual Assault Counselor-Victim Privilege.
90.5036 - Domestic Violence Advocate-Victim Privilege.
90.5037 - Human Trafficking Victim Advocate-Victim Privilege.
90.504 - Husband-Wife Privilege.
90.505 - Privilege With Respect to Communications to Clergy.
90.5055 - Accountant-Client Privilege.
90.506 - Privilege With Respect to Trade Secrets.
90.507 - Waiver of Privilege by Voluntary Disclosure.
90.508 - Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege.
90.509 - Application of Privileged Communication.
90.510 - Privileged Communication Necessary to Adverse Party.
90.601 - General Rule of Competency.
90.603 - Disqualification of Witness.
90.604 - Lack of Personal Knowledge.
90.605 - Oath or Affirmation of Witness.
90.606 - Interpreters and Translators.
90.6063 - Interpreter Services for Deaf Persons.
90.607 - Competency of Certain Persons as Witnesses.
90.609 - Character of Witness as Impeachment.
90.610 - Conviction of Certain Crimes as Impeachment.
90.611 - Religious Beliefs or Opinions.
90.612 - Mode and Order of Interrogation and Presentation.
90.613 - Refreshing the Memory of a Witness.
90.614 - Prior Statements of Witnesses.
90.615 - Calling Witnesses by the Court.
90.616 - Exclusion of Witnesses.
90.701 - Opinion Testimony of Lay Witnesses.
90.702 - Testimony by Experts.
90.703 - Opinion on Ultimate Issue.
90.704 - Basis of Opinion Testimony by Experts.
90.705 - Disclosure of Facts or Data Underlying Expert Opinion.
90.706 - Authoritativeness of Literature for Use in Cross-Examination.
90.801 - Hearsay; Definitions; Exceptions.
90.803 - Hearsay Exceptions; Availability of Declarant Immaterial.
90.804 - Hearsay Exceptions; Declarant Unavailable.
90.805 - Hearsay Within Hearsay.
90.806 - Attacking and Supporting Credibility of Declarant.
90.901 - Requirement of Authentication or Identification.
90.903 - Testimony of Subscribing Witness Unnecessary.
90.952 - Requirement of Originals.
90.953 - Admissibility of Duplicates.
90.954 - Admissibility of Other Evidence of Contents.