While Florida has strong sentencing guidelines for human trafficking, its legal framework lacks a lesser included offense. Unlike other crimes that allow plea bargaining within the same category, human trafficking in Florida is a single, high-threshold charge—particularly for sex trafficking, which includes enhanced penalties such as sex offender registration. This research project aimed to explore: 1) What influences prosecutorial decision-making in human trafficking case outcomes?, 2) How would a lesser included offense support prosecution efforts?, and 3) Could such an offense reduce reliance on victim testimony? This study analyzes Florida’s human trafficking statutes and compares them to states that have implemented lesser included offenses. Qualitative data was collected through interviews with prosecutors, private defense attorneys, and victim advocates to explore how legal structures impact case outcomes. Current Florida law places a heavy burden on victims to testify, as prosecutors have limited legal flexibility. Without a lesser included offense, many cases result in plea deals for non-trafficking crimes, undermining the nature of the offense and limiting justice for survivors. Florida should adopt a lesser included human trafficking offense to expand prosecutorial tools and reduce the over-reliance on victim testimony. Legal reform would allow more accurate plea agreements, improve conviction rates, and better serve survivors through a trauma-informed approach.
Dr. Amanda Knapp is a researcher and advocate focused on human trafficking policy, prosecution, and victim services. She is a Research Assistant on an exploratory OVC-funded Human Trafficking Diversion Court project examining courts nationwide. Amanda also chairs the City of Miami Beach Human Rights Committee, advancing local anti-trafficking policy and initiatives.