Professor Michael Vastine joined the faculty of St. Thomas University School of Law in 2004, where he is a tenured professor of law and Director of the Immigration Clinic. A frequent conference speaker and author, he is also a leader of the immigration bar, with extensive service within the American Immigration Lawyers Association (AILA). From 2011-20, he was elected to serve on the AILA South Florida Chapter Board of Directors, including a term as Chair of the Chapter. Professor Vastine’s AILA national-level service includes multiple terms on the Federal Litigation Section Steering Committee, Annual Conference Planning Committee, and Amicus Curiae Committee. His impact litigation principally relates to immigration and crimes, including the lead case at the Florida Supreme Court establishing the constitutional rights of immigrant defendants to effective representation by their criminal counsel, and multiple cases at the U.S. Court of Appeals for the Eleventh Circuit delineating the immigration consequences of Florida convictions involving controlled substances. Additionally, he has represented AILA and other community-based organizations, as amicus curiae counsel, in forums ranging from the Board of Immigration Appeals to the U.S. Supreme Court, in matters including the constitutional limits of indefinite detention of immigrants, the due process rights of the physically deported, and the immigration consequences of state crimes. In 2013, Professor Vastine received the AILA (National) Elmer Fried Award for Excellence in Teaching.
Federal Law
The Trafficking Victims Protection Act (TVPA) of 2000 is the first comprehensive federal law to address trafficking in persons. The law provides a three-pronged approach that includes prevention, protection, and prosecution. The TVPA was reauthorized through the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2003), 2005, and The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008.
Under U.S. federal law, “severe forms of trafficking in persons” includes both sex trafficking and labor trafficking and can be found at http://uscode.house.gov/.
- 18 U.S.C. § 1581 – Peonage
- 18 U.S.C. § 1583 – Enticement into slavery
- 18 U.S.C. § 1589 – Forced labor
- 18 U.S.C. § 1590 – Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor
- 18 U.S.C. § 1591 – Sex trafficking and obstruction or interference
- 18 U.S.C. § 1592 – Document servitude
- 18 U.S.C. § 1594 – Attempt and conspiracy
- 18 U.S.C. § 2422 – Using mail or computer to induce minor to engage in prostitution
- 18 U.S.C. § 2423 – Interstate transportation of minor for any sexual activity
- 18 U.S.C. § 2424 – Travel with intent to engage in illicit sexual conduct with minor
Florida Law
- F.S. § 16.617 – Statewide Council on Human Trafficking; creation; membership; duties
- F.S. § 16.618 – Direct-support organization
- F.S. § 119.071(2)(h) – General exemptions from inspection or copying of public records – agency investigations
- F.S. § 409.1678 – Specialized residential options for children who are victims of commercial sexual exploitation
- F.S. § 409.1754 – Commercial sexual exploitation of children; Screening and assessment; Training; Multidisciplinary staffings; Service plans
- F.S. § 450.021 – Minimum age; General [adult clubs]
- F.S. § 450.045(3) – Proof of identity and age; Posting of notices
- F.S. § 456.0341 – Requirements for instruction on human trafficking [Health Professionals]
- F.S. § 464.013(3)(c) – Renewal of license or certificate [nursing continuing education on human trafficking]
- F.S. § 480.043 – Massage establishments; requisites; licensure; inspection; human trafficking awareness training and policies
- F.S. § 480.046 – Grounds for disciplinary action by the board [Massage Practice]
- F.S. § 509.096 – Human trafficking awareness training and policies for employees of public lodging establishments; enforcement
- F.S. § 772.104 – Civil cause of action
- F.S. § 775.15(19) – Time Limitations; General Time Limitations; Exceptions
- F.S. § 787.06 – Human trafficking forced labor or services
- F.S. § 787.07 – Human smuggling
- F.S. § 787.29 – Human trafficking public awareness signs
- F.S. § 794.011 – Sexual battery
- F.S. § 796.001 – Procuring person under 18 for prostitution
- F.S. § 796.04 – Forcing compelling, or coercing another to become a prostitute
- F.S. § 796.05 – Deriving support from the proceeds of prostitution
- F.S. § 796.06 – Renting space to be used for lewdness, or prostitution
- F.S. § 796.07 – Prohibiting prostitution
- F.S. § 827.03 – Abuse, aggravated abuse and neglect of a child
- F.S. § 827.04 – Contributing to the delinquency or dependency of a child
- F.S. § 847.013 – Exposing minors to harmful motion pictures, exhibitions, shows, presentations, or representations
- F.S. § 847.0145 – Selling or buying minors
- F.S. § 895.02(8)(a)(26) – Definitions [Racketeer Influenced and Corrupt Organization (RICO)]
- F.S. § 943.0433 – Soliciting for Prostitution Public Database
- F.S. § 943.0583 – Human trafficking victim expunction
- F.S. § 943.17297 – Continuing employment training in identifying and investigating human trafficking
- F.S. § 960.196 – Relocation assistance for victims of human trafficking
Additional Florida Laws, Rules & Regulations
- House Resolution 157 (Fla. 2018) – Public Health Risk Created by Pornography: Recognizes public health risk created by pornography and acknowledges need for education, prevention, research, and policy change to protect citizens of Florida
- Florida Administrative Code, Rule 6A-1.094123 – Child Trafficking Prevention Education
Myriam Mézadieu
Thear Suzuki
Mary Anne Silvestri
Susan Patterson
Jordan Bruxvoort