Osgood proposes trafficking legal fund

Would help victims accused of crimes

New legislation would provide legal help for human trafficking victims who have been accused of committing crimes while being exploited.

Two linked bills filed this week by state Sen. Rosalind Osgood, a Democrat whose district covers central Broward County, would create a special trust fund for survivors, with provisions that would allow it to be spent on their legal representation.

The funds could be used both on their defenses in criminal cases and to cover costs associated with getting an expunction, according to the bill.

Osgood said the South Florida Sun Sentinel’s investigation into sex trafficking late last year inspired her to add direct support for victims to her bill.

The Sun Sentinel investigation found that human trafficking victims are often locked out of obtaining an expunction because they can’t afford a lawyer to represent them. Once victims are convicted, they’re pushed into a vicious cycle, unable to afford an attorney to help them clear their names so that they can get work or housing.

“It’s so horrific, even how girls who are victims of human trafficking are called prostitutes,” Osgood said. A 2015 study from the National Survivor’s Network found that 91% of victims surveyed were arrested at least once, most often for prostitution. But many others are arrested and charged with other violations, such as drug possession or truancy.

Money for the fund, which would be administered by the Department of Legal Affairs, would come from court-ordered penalties against convicted sex traffickers. In addition to paying for victims’ legal counsel, the fund would also cover a survivors resource center, preventative measures at schools and public education on trafficking.

Osgood intends to find a member of the state House of Representatives who would be willing to sponsor a companion bill.

The Senate bills filed Tuesday are extremely lean, coming in at three pages altogether. They don’t offer details on how the funds should be administered by the department. It’s also unclear how much is collected in criminal penalties for human trafficking, and determining that will likely require a fiscal impact study.

While the bills would help pay the costs for legal counsel in criminal cases, they don’t clarify whether attorneys fees are included in the covered expenses for expunctions. Osgood could not be reached for clarification Friday,

but has indicated that she is speaking with other legislators to refine their agenda.

Brent Woody, a Tarpon Springs lawyer that specializes in expunctions for human trafficking victims, said that he broadly supports the development of a trust fund but would like to see more specifics.

This isn’t the state’s first pass at a trust fund for victims. Democratic State Senators Lauren Book and Daphne Campbell introduced a similar bill for the 2018 legislative session that would have created a trust fund, though without public assistance on expunction petitions. That bill received unanimous support in the Senate but never got a vote in the House.

Osgood said that human trafficking seems to be a priority for the upcoming legislative session, which begins March 7. Democrats Sen. Darryl Rouson of Tampa and Rep. Patricia Williams of Pompano Beach filed a bill last week that would create a task force to study runaways in the foster care system, with a special focus on the connection to human trafficking.

Book, now the Florida Senate Minority Leader, also said that she plans to introduce legislation that would punish hotels that have repeatedly violated anti-trafficking laws.

As the Sun Sentinel reported in its investigation last month, victims of sex trafficking are frequently retraumatized by a system that investigates, charges and prosecutes them for crimes they are coerced by their traffickers into committing.

The Sun Sentinel investigation also found that Florida’s foster care system places children at increased risk of being trafficked. Data revealed that four out of five foster kids who received human trafficking services had run away while they were in the state’s care, placing them at even greater risk.

The investigation also discovered that the state has never fined a hotel for violating its anti-trafficking statutes.

Osgood