Bill Text: FL H0145 | 2011 | Regular Session | Comm Sub

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Bill Title: Sexual Exploitation

Spectrum: Slight Partisan Bill (Republican 4-1-1)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0145 Detail]

Download: Florida-2011-H0145-Comm_Sub.html

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CS/HB 145

1	A bill to be entitled
2	An act relating to sexual exploitation; providing a short
3	title; amending s. 39.001, F.S.; providing legislative
4	intent and goals; conforming cross-references; amending s.
5	39.01, F.S.; revising the definitions of the terms
6	"abuse," "child who is found to be dependent," and "sexual
7	abuse of a child"; amending s. 39.401, F.S.; requiring
8	delivery of children alleged to be dependent and sexually
9	exploited to short-term safe houses; amending s. 39.402,
10	F.S.; providing for a presumption that placement of a
11	child alleged to have been sexually exploited in a short-
12	term safe house is necessary; providing requirements for
13	findings in a shelter hearing relating to placement of an
14	allegedly sexually exploited child in a short-term safe
15	house; amending s. 39.521, F.S.; providing for a
16	presumption that placement of a child alleged to have been
17	sexually exploited in a safe house is necessary; creating
18	s. 39.524, F.S.; requiring assessment of certain children
19	for placement in a safe house; providing for use of such
20	assessments; providing requirements for safe houses
21	receiving such children; requiring an annual report
22	concerning safe-house placements; creating s. 409.1678,
23	F.S.; providing definitions; requiring circuits of the
24	Department of Children and Family Services to address
25	child welfare service needs of sexually exploited children
26	as a component of their master plans; providing duties,
27	responsibilities, and requirements for safe houses and
28	their operators; providing for training for law
29	enforcement officials who are likely to encounter sexually
30	exploited children; amending s. 796.07, F.S.; providing
31	for an increased civil penalty for soliciting another to
32	commit prostitution or related acts; providing for
33	disposition of proceeds; amending s. 960.065, F.S.;
34	allowing victim compensation for sexually exploited
35	children; amending s. 985.115, F.S.; conforming a
36	provision to changes made by the act; amending ss. 985.145
37	and 985.15, F.S.; providing a presumption against filing a
38	delinquency petition for certain prostitution-related
39	offenses in certain circumstances; providing an effective
40	date.
41
42	Be It Enacted by the Legislature of the State of Florida:
43
44	Section 1.  This act may be cited as the "Florida Safe
45	Harbor Act."
46	Section 2.  Subsections (4) through (12) of section 39.001,
47	Florida Statutes, are renumbered as subsections (5) through
48	(13), respectively, paragraph (c) of present subsection (7) and
49	paragraph (b) of present subsection (9) are amended, and a new
50	subsection (4) is added to that section, to read:
51	39.001  Purposes and intent; personnel standards and
52	screening.-
53	(4)  SEXUAL EXPLOITATION SERVICES.-
54	(a)  The Legislature recognizes that child sexual
55	exploitation is a serious problem nationwide and in this state.
56	The children at greatest risk of being sexually exploited are
57	runaways and throwaways. Many of these children have a history
58	of abuse and neglect. The vulnerability of these children starts
59	with isolation from family and friends. Traffickers maintain
60	control of child victims through psychological manipulation,
61	force, drug addiction, or the exploitation of economic,
62	physical, or emotional vulnerability. Children exploited through
63	the sex trade often find it difficult to trust adults because of
64	their abusive experiences. These children make up a population
65	that is difficult to serve and even more difficult to
66	rehabilitate. Although minors are by law unable to consent to
67	sexual activity, they are most often treated as perpetrators of
68	crime rather than victims. Moreover, the historical treatment of
69	such children as delinquents has too often resulted in the
70	failure to successfully prosecute the trafficker, who is the
71	true wrongdoer and threat to society.
72	(b)  The Legislature establishes the following goals for
73	the state related to the status and treatment of sexually
74	exploited children in the dependency process:
75	1.  To ensure the safety of children.
76	2.  To provide for the treatment of such children as
77	dependent children rather than as delinquents.
78	3.  To sever the bond between exploited children and
79	traffickers and to reunite these children with their families or
80	provide them with appropriate guardians.
81	4.  To enable such children to be willing and reliable
82	witnesses in the prosecution of traffickers.
83	(c)  The Legislature finds that sexually exploited children
84	need special care and services in the dependency process,
85	including counseling, health care, substance abuse treatment,
86	educational opportunities, and a safe environment secure from
87	traffickers.
88	(d)  The Legislature further finds that sexually exploited
89	children need the special care and services described in
90	paragraph (c) independent of their citizenship, residency,
91	alien, or immigrant status. It is the intent of the Legislature
92	that this state provide such care and services to all sexually
93	exploited children in this state who are not otherwise receiving
94	comparable services, such as those under the federal Trafficking
95	Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
96	(8)(7)  OFFICE OF ADOPTION AND CHILD PROTECTION.-
97	(c)  The office is authorized and directed to:
98	1.  Oversee the preparation and implementation of the state
99	plan established under subsection (9) (8) and revise and update
100	the state plan as necessary.
101	2.  Provide for or make available continuing professional
102	education and training in the prevention of child abuse and
103	neglect.
104	3.  Work to secure funding in the form of appropriations,
105	gifts, and grants from the state, the Federal Government, and
106	other public and private sources in order to ensure that
107	sufficient funds are available for the promotion of adoption,
108	support of adoptive families, and child abuse prevention
109	efforts.
110	4.  Make recommendations pertaining to agreements or
111	contracts for the establishment and development of:
112	a.  Programs and services for the promotion of adoption,
113	support of adoptive families, and prevention of child abuse and
114	neglect.
115	b.  Training programs for the prevention of child abuse and
116	neglect.
117	c.  Multidisciplinary and discipline-specific training
118	programs for professionals with responsibilities affecting
119	children, young adults, and families.
120	d.  Efforts to promote adoption.
121	e.  Postadoptive services to support adoptive families.
122	5.  Monitor, evaluate, and review the development and
123	quality of local and statewide services and programs for the
124	promotion of adoption, support of adoptive families, and
125	prevention of child abuse and neglect and shall publish and
126	distribute an annual report of its findings on or before January
127	1 of each year to the Governor, the Speaker of the House of
128	Representatives, the President of the Senate, the head of each
129	state agency affected by the report, and the appropriate
130	substantive committees of the Legislature. The report shall
131	include:
132	a.  A summary of the activities of the office.
133	b.  A summary of the adoption data collected and reported
134	to the federal Adoption and Foster Care Analysis and Reporting
135	System (AFCARS) and the federal Administration for Children and
136	Families.
137	c.  A summary of the child abuse prevention data collected
138	and reported to the National Child Abuse and Neglect Data System
139	(NCANDS) and the federal Administration for Children and
140	Families.
141	d.  A summary detailing the timeliness of the adoption
142	process for children adopted from within the child welfare
143	system.
144	e.  Recommendations, by state agency, for the further
145	development and improvement of services and programs for the
146	promotion of adoption, support of adoptive families, and
147	prevention of child abuse and neglect.
148	f.  Budget requests, adoption promotion and support needs,
149	and child abuse prevention program needs by state agency.
150	6.  Work with the direct-support organization established
151	under s. 39.0011 to receive financial assistance.
152	(10)(9)  FUNDING AND SUBSEQUENT PLANS.-
153	(b)  The office and the other agencies and organizations
154	listed in paragraph (9)(8)(a) shall readdress the state plan and
155	make necessary revisions every 5 years, at a minimum. Such
156	revisions shall be submitted to the Speaker of the House of
157	Representatives and the President of the Senate no later than
158	June 30 of each year divisible by 5. At least biennially, the
159	office shall review the state plan and make any necessary
160	revisions based on changing needs and program evaluation
161	results. An annual progress report shall be submitted to update
162	the state plan in the years between the 5-year intervals. In
163	order to avoid duplication of effort, these required plans may
164	be made a part of or merged with other plans required by either
165	the state or Federal Government, so long as the portions of the
166	other state or Federal Government plan that constitute the state
167	plan for the promotion of adoption, support of adoptive
168	families, and prevention of child abuse, abandonment, and
169	neglect are clearly identified as such and are provided to the
170	Speaker of the House of Representatives and the President of the
171	Senate as required above.
172	Section 3.  Subsections (2) and (15) and paragraph (g) of
173	subsection (67) of section 39.01, Florida Statutes, are amended
174	to read:
175	39.01  Definitions.-When used in this chapter, unless the
176	context otherwise requires:
177	(2)  "Abuse" means any willful act or threatened act that
178	results in any physical, mental, or sexual abuse, injury, or
179	harm that causes or is likely to cause the child's physical,
180	mental, or emotional health to be significantly impaired. Abuse
181	of a child includes acts or omissions. Corporal discipline of a
182	child by a parent or legal custodian for disciplinary purposes
183	does not in itself constitute abuse when it does not result in
184	harm to the child.
185	(15)  "Child who is found to be dependent" means a child
186	who, pursuant to this chapter, is found by the court:
187	(a)  To have been abandoned, abused, or neglected by the
188	child's parent or parents or legal custodians;
189	(b)  To have been surrendered to the department, the former
190	Department of Health and Rehabilitative Services, or a licensed
191	child-placing agency for purpose of adoption;
192	(c)  To have been voluntarily placed with a licensed child-
193	caring agency, a licensed child-placing agency, an adult
194	relative, the department, or the former Department of Health and
195	Rehabilitative Services, after which placement, under the
196	requirements of this chapter, a case plan has expired and the
197	parent or parents or legal custodians have failed to
198	substantially comply with the requirements of the plan;
199	(d)  To have been voluntarily placed with a licensed child-
200	placing agency for the purposes of subsequent adoption, and a
201	parent or parents have signed a consent pursuant to the Florida
202	Rules of Juvenile Procedure;
203	(e)  To have no parent or legal custodians capable of
204	providing supervision and care; or
205	(f)  To be at substantial risk of imminent abuse,
206	abandonment, or neglect by the parent or parents or legal
207	custodians; or
208	(g)  To have been sexually exploited and to have no parent,
209	legal custodian, or responsible adult relative currently known
210	and capable of providing the necessary and appropriate
211	supervision and care.
212	(67)  "Sexual abuse of a child" means one or more of the
213	following acts:
214	(g)  The sexual exploitation of a child, which includes the
215	act of a child offering to engage in or engaging in
216	prostitution; or allowing, encouraging, or forcing a child to:
217	1.  Solicit for or engage in prostitution; or
218	2.  Engage in a sexual performance, as defined by chapter
219	827; or
220	3.  Participate in the trade of sex trafficking as provided
221	in s. 796.035.
222	Section 4.  Paragraph (b) of subsection (2) and paragraph
223	(b) of subsection (3) of section 39.401, Florida Statutes, are
224	amended to read:
225	39.401  Taking a child alleged to be dependent into
226	custody; law enforcement officers and authorized agents of the
227	department.-
228	(2)  If the law enforcement officer takes the child into
229	custody, that officer shall:
230	(b)  Deliver the child to an authorized agent of the
231	department, stating the facts by reason of which the child was
232	taken into custody and sufficient information to establish
233	probable cause that the child is abandoned, abused, or
234	neglected, or otherwise dependent. In the case of a child for
235	whom there is probable cause to believe he or she has been
236	sexually exploited, the law enforcement officer shall deliver
237	the child to the appropriate short-term safe house as provided
238	for in s. 409.1678 if a short-term safe house is available.
239
240	For cases involving allegations of abandonment, abuse, or
241	neglect, or other dependency cases, within 3 days after such
242	release or within 3 days after delivering the child to an
243	authorized agent of the department, the law enforcement officer
244	who took the child into custody shall make a full written report
245	to the department.
246	(3)  If the child is taken into custody by, or is delivered
247	to, an authorized agent of the department, the agent shall
248	review the facts supporting the removal with an attorney
249	representing the department. The purpose of the review is to
250	determine whether there is probable cause for the filing of a
251	shelter petition.
252	(b)  If the facts are sufficient and the child has not been
253	returned to the custody of the parent or legal custodian, the
254	department shall file the petition and schedule a hearing, and
255	the attorney representing the department shall request that a
256	shelter hearing be held within 24 hours after the removal of the
257	child. While awaiting the shelter hearing, the authorized agent
258	of the department may place the child in licensed shelter care,
259	or in a short-term safe house if the child is a sexually
260	exploited child, or may release the child to a parent or legal
261	custodian or responsible adult relative or the adoptive parent
262	of the child's sibling who shall be given priority consideration
263	over a licensed placement, or a responsible adult approved by
264	the department if this is in the best interests of the child.
265	Placement of a child which is not in a licensed shelter must be
266	preceded by a criminal history records check as required under
267	s. 39.0138. In addition, the department may authorize placement
268	of a housekeeper/homemaker in the home of a child alleged to be
269	dependent until the parent or legal custodian assumes care of
270	the child.
271	Section 5.  Subsection (2) and paragraphs (a), (d), and (h)
272	of subsection (8) of section 39.402, Florida Statutes, are
273	amended to read:
274	39.402  Placement in a shelter.-
275	(2)  A child taken into custody may be placed or continued
276	in a shelter only if one or more of the criteria in subsection
277	(1) apply applies and the court has made a specific finding of
278	fact regarding the necessity for removal of the child from the
279	home and has made a determination that the provision of
280	appropriate and available services will not eliminate the need
281	for placement. In the case of a child who is alleged to have
282	been sexually exploited, there is a rebuttable presumption that
283	placement in a short-term safe house is necessary.
284	(8)(a)  A child may not be held in a shelter longer than 24
285	hours unless an order so directing is entered by the court after
286	a shelter hearing. In the interval until the shelter hearing is
287	held, the decision to place the child in a shelter or release
288	the child from a shelter lies with the protective investigator.
289	In the case of a child who is alleged to have been sexually
290	exploited, there is a rebuttable presumption that placement in a
291	short-term safe house is necessary.
292	(d)  At the shelter hearing, in order to continue the child
293	in shelter care:
294	1.  The department must establish probable cause that
295	reasonable grounds for removal exist and that the provision of
296	appropriate and available services will not eliminate the need
297	for placement;
298	2.  The department must establish probable cause for the
299	belief that the child has been sexually exploited and,
300	therefore, that placement in a short-term safe house is the most
301	appropriate environment for the child; or
302	3.2.  The court must determine that additional time is
303	necessary, which may not exceed 72 hours, in which to obtain and
304	review documents pertaining to the family in order to
305	appropriately determine the risk to the child during which time
306	the child shall remain in the department's custody, if so
307	ordered by the court.
308	(h)  The order for placement of a child in shelter care
309	must identify the parties present at the hearing and must
310	contain written findings:
311	1.  That placement in shelter care is necessary based on
312	the criteria in subsections (1) and (2).
313	2.  That placement in shelter care is in the best interest
314	of the child.
315	3.  That continuation of the child in the home is contrary
316	to the welfare of the child because the home situation presents
317	a substantial and immediate danger to the child's physical,
318	mental, or emotional health or safety which cannot be mitigated
319	by the provision of preventive services.
320	4.  That based upon the allegations of the petition for
321	placement in shelter care, there is probable cause to believe
322	that the child is dependent or that the court needs additional
323	time, which may not exceed 72 hours, in which to obtain and
324	review documents pertaining to the family in order to
325	appropriately determine the risk to the child.
326	5.  That the department has made reasonable efforts to
327	prevent or eliminate the need for removal of the child from the
328	home. A finding of reasonable effort by the department to
329	prevent or eliminate the need for removal may be made and the
330	department is deemed to have made reasonable efforts to prevent
331	or eliminate the need for removal if:
332	a.  The first contact of the department with the family
333	occurs during an emergency;
334	b.  The appraisal of the home situation by the department
335	indicates that the home situation presents a substantial and
336	immediate danger to the child's physical, mental, or emotional
337	health or safety which cannot be mitigated by the provision of
338	preventive services;
339	c.  The child cannot safely remain at home, either because
340	there are no preventive services that can ensure the health and
341	safety of the child or because, even with appropriate and
342	available services being provided, the health and safety of the
343	child cannot be ensured;
344	d.  The child has been sexually exploited; or
345	e.d.  The parent or legal custodian is alleged to have
346	committed any of the acts listed as grounds for expedited
347	termination of parental rights in s. 39.806(1)(f)-(i).
348	6.  That the court notified the parents, relatives that are
349	providing out-of-home care for the child, or legal custodians of
350	the time, date, and location of the next dependency hearing and
351	of the importance of the active participation of the parents,
352	relatives that are providing out-of-home care for the child, or
353	legal custodians in all proceedings and hearings.
354	7.  That the court notified the parents or legal custodians
355	of their right to counsel to represent them at the shelter
356	hearing and at each subsequent hearing or proceeding, and the
357	right of the parents to appointed counsel, pursuant to the
358	procedures set forth in s. 39.013.
359	8.  That the court notified relatives who are providing
360	out-of-home care for a child as a result of the shelter petition
361	being granted that they have the right to attend all subsequent
362	hearings, to submit reports to the court, and to speak to the
363	court regarding the child, if they so desire.
364	Section 6.  Paragraph (f) of subsection (1) and paragraph
365	(d) of subsection (3) of section 39.521, Florida Statutes, are
366	amended to read:
367	39.521  Disposition hearings; powers of disposition.-
368	(1)  A disposition hearing shall be conducted by the court,
369	if the court finds that the facts alleged in the petition for
370	dependency were proven in the adjudicatory hearing, or if the
371	parents or legal custodians have consented to the finding of
372	dependency or admitted the allegations in the petition, have
373	failed to appear for the arraignment hearing after proper
374	notice, or have not been located despite a diligent search
375	having been conducted.
376	(f)  If the court places the child in an out-of-home
377	placement, the disposition order must include a written
378	determination that the child cannot safely remain at home with
379	reunification or family preservation services and that removal
380	of the child is necessary to protect the child. If the child is
381	removed before the disposition hearing, the order must also
382	include a written determination as to whether, after removal,
383	the department made a reasonable effort to reunify the parent
384	and child. Reasonable efforts to reunify are not required if the
385	court finds that any of the acts listed in s. 39.806(1)(f)-(l)
386	have occurred. The department has the burden of demonstrating
387	that it made reasonable efforts.
388	1.  For the purposes of this paragraph, the term
389	"reasonable effort" means the exercise of reasonable diligence
390	and care by the department to provide the services ordered by
391	the court or delineated in the case plan.
392	2.  In support of its determination as to whether
393	reasonable efforts have been made, the court shall:
394	a.  Enter written findings as to whether prevention or
395	reunification efforts were indicated.
396	b.  If prevention or reunification efforts were indicated,
397	include a brief written description of what appropriate and
398	available prevention and reunification efforts were made.
399	c.  Indicate in writing why further efforts could or could
400	not have prevented or shortened the separation of the parent and
401	child.
402	3.  A court may find that the department made a reasonable
403	effort to prevent or eliminate the need for removal if:
404	a.  The first contact of the department with the family
405	occurs during an emergency;
406	b.  The appraisal by the department of the home situation
407	indicates a substantial and immediate danger to the child's
408	safety or physical, mental, or emotional health which cannot be
409	mitigated by the provision of preventive services;
410	c.  The child cannot safely remain at home, because there
411	are no preventive services that can ensure the health and safety
412	of the child or, even with appropriate and available services
413	being provided, the health and safety of the child cannot be
414	ensured. There is a rebuttable presumption that any child who
415	has been found to be a victim of sexual exploitation as defined
416	in s. 39.01(67)(g) meets the terms of this sub-subparagraph; or
417	d.  The parent is alleged to have committed any of the acts
418	listed as grounds for expedited termination of parental rights
419	under s. 39.806(1)(f)-(l).
420	4.  A reasonable effort by the department for reunification
421	has been made if the appraisal of the home situation by the
422	department indicates that the severity of the conditions of
423	dependency is such that reunification efforts are inappropriate.
424	The department has the burden of demonstrating to the court that
425	reunification efforts were inappropriate.
426	5.  If the court finds that the prevention or reunification
427	effort of the department would not have permitted the child to
428	remain safely at home, the court may commit the child to the
429	temporary legal custody of the department or take any other
430	action authorized by this chapter.
431	(3)  When any child is adjudicated by a court to be
432	dependent, the court shall determine the appropriate placement
433	for the child as follows:
434	(d)  If the child cannot be safely placed in a nonlicensed
435	placement, the court shall commit the child to the temporary
436	legal custody of the department. Such commitment invests in the
437	department all rights and responsibilities of a legal custodian.
438	The department shall not return any child to the physical care
439	and custody of the person from whom the child was removed,
440	except for court-approved visitation periods, without the
441	approval of the court. Any order for visitation or other contact
442	must conform to the provisions of s. 39.0139. There is a
443	rebuttable presumption that any child who has been found to be a
444	victim of sexual exploitation as defined in s. 39.01(67)(g) be
445	committed to a safe house as provided for in s. 409.1678. The
446	term of such commitment continues until terminated by the court
447	or until the child reaches the age of 18. After the child is
448	committed to the temporary legal custody of the department, all
449	further proceedings under this section are governed by this
450	chapter.
451
452	Protective supervision continues until the court terminates it
453	or until the child reaches the age of 18, whichever date is
454	first. Protective supervision shall be terminated by the court
455	whenever the court determines that permanency has been achieved
456	for the child, whether with a parent, another relative, or a
457	legal custodian, and that protective supervision is no longer
458	needed. The termination of supervision may be with or without
459	retaining jurisdiction, at the court's discretion, and shall in
460	either case be considered a permanency option for the child. The
461	order terminating supervision by the department shall set forth
462	the powers of the custodian of the child and shall include the
463	powers ordinarily granted to a guardian of the person of a minor
464	unless otherwise specified. Upon the court's termination of
465	supervision by the department, no further judicial reviews are
466	required, so long as permanency has been established for the
467	child.
468	Section 7.  Section 39.524, Florida Statutes, is created to
469	read:
470	39.524  Safe-harbor placement.-
471	(1)  Except as provided in s. 39.407, any dependent child 6
472	years of age or older who has been found to be a victim of
473	sexual exploitation as defined in s. 39.01(67)(g) must be
474	assessed for placement in a safe house as provided in s.
475	409.1678. The assessment shall be conducted by the department or
476	its agent and shall incorporate and address current and
477	historical information from any law enforcement reports;
478	psychological testing or evaluation that has occurred; current
479	and historical information from the guardian ad litem, if one
480	has been assigned; current and historical information from any
481	current therapist, teacher, or other professional who has
482	knowledge of the child and has worked with the child; and any
483	other information concerning the availability and suitability of
484	safe-house placement. If such placement is determined to be
485	appropriate as a result of this procedure, the child must be
486	placed in a safe house, if one is available. As used in this
487	section, the term "available" as it relates to a placement means
488	a placement that is located within the circuit or that is
489	otherwise reasonably accessible.
490	(2)  The results of the assessment described in subsection
491	(1) and the actions taken as a result of the assessment must be
492	included in the next judicial review of the child. At each
493	subsequent judicial review, the court must be advised in writing
494	of the status of the child's placement, with special reference
495	regarding the stability of the placement and the permanency
496	planning for the child.
497	(3)  Any safe house that receives children under this
498	section shall establish special permanency teams dedicated to
499	overcoming the special permanency challenges presented by this
500	population of children. Each facility shall report to the
501	department its success in achieving permanency for children
502	placed by the department in its care at intervals that allow the
503	current information to be provided to the court at each judicial
504	review for the child.
505	(4)(a)  By December 1 of each year, the department shall
506	report to the Legislature on the placement of children in safe
507	houses during the year, including the criteria used to determine
508	the placement of children, the number of children who were
509	evaluated for placement, the number of children who were placed
510	based upon the evaluation, and the number of children who were
511	not placed.
512	(b)  The department shall maintain data specifying the
513	number of children who were referred to a safe house for whom
514	placement was unavailable and the counties in which such
515	placement was unavailable. The department shall include this
516	data in its report under this subsection so that the Legislature
517	may consider this information in developing the General
518	Appropriations Act.
519	Section 8.  Section 409.1678, Florida Statutes, is created
520	to read:
521	409.1678  Safe harbor for children who are victims of
522	sexual exploitation.-
523	(1)  As used in this section, the term:
524	(a)  "Child advocate" means an employee of a short-term
525	safe house who has been trained to work with and advocate for
526	the needs of sexually exploited children. The advocate shall
527	accompany the child to all court appearances, meetings with law
528	enforcement, and the state attorney's office and shall serve as
529	a liaison between the short-term safe house and the court.
530	(b)  "Safe house" means a living environment that has set
531	aside gender-specific, separate, and distinct living quarters
532	for sexually exploited children who have been adjudicated
533	dependent or delinquent and need to reside in a secure
534	residential facility with staff members awake 24 hours a day. A
535	safe house shall be operated by a licensed family foster home or
536	residential child-caring agency as defined in s. 409.175,
537	including a runaway youth center as defined in s. 409.441. Each
538	facility must be appropriately licensed in this state as a
539	residential child-caring agency as defined in s. 409.175 and
540	must be accredited by July 1, 2012. A safe house serving
541	children who have been sexually exploited must have available
542	staff or contract personnel with the clinical expertise,
543	credentials, and training to provide services identified in
544	paragraph (2)(b).
545	(c)  "Secure" means that a child is supervised 24 hours a
546	day by staff members who are awake while on duty.
547	(d)  "Sexually exploited child" means a dependent child who
548	has suffered sexual exploitation as defined in s. 39.01(67)(g)
549	and is ineligible for relief and benefits under the federal
550	Trafficking Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
551	(e)  "Short-term safe house" means a shelter operated by a
552	licensed residential child-caring agency as defined in s.
553	409.175, including a runaway youth center as defined in s.
554	409.441, that has set aside gender-specific, separate, and
555	distinct living quarters for sexually exploited children. In
556	addition to shelter, the house shall provide services and care
557	to sexually exploited children, including food, clothing,
558	medical care, counseling, and appropriate crisis intervention
559	services at the time they are taken into custody by law
560	enforcement or the department.
561	(2)(a)  Notwithstanding any other provision of law,
562	pursuant to regulations of the department, every circuit of the
563	department shall address the child welfare service needs of
564	sexually exploited children as a component of the circuit's
565	master plan. This determination shall be made in consultation
566	with local law enforcement, runaway and homeless youth program
567	providers, local probation departments, local community-based
568	care and social services, local guardians ad litem, public
569	defenders, state attorney's offices, and child advocates and
570	services providers who work directly with sexually exploited
571	youth.
572	(b)  The lead agency, not-for-profit agency, or local
573	government entity providing safe-house services is responsible
574	for security, crisis intervention services, general counseling
575	and victim-witness counseling, a comprehensive assessment,
576	residential care, transportation, access to behavioral health
577	services, recreational activities, food, clothing, supplies,
578	infant care, and miscellaneous expenses associated with caring
579	for these children; for necessary arrangement for or provision
580	of educational services, including life skills services and
581	planning services to successfully transition residents back to
582	the community; and for ensuring necessary and appropriate health
583	and dental care.
584	(c)  This section does not prohibit any provider of these
585	services from appropriately billing Medicaid for services
586	rendered, from contracting with a local school district for
587	educational services, or from obtaining federal or local funding
588	for services provided, as long as two or more funding sources do
589	not pay for the same specific service that has been provided to
590	a child.
591	(d)  The lead agency, not-for-profit agency, or local
592	government entity providing safe-house services has the legal
593	authority for children served in a safe-house program, as
594	provided in chapter 39 or this chapter, as appropriate, to
595	enroll the child in school, to sign for a driver's license for
596	the child, to cosign loans and insurance for the child, to sign
597	for medical treatment of the child, and to authorize other such
598	activities.
599	(e)  All of the services created under this section may, to
600	the extent possible provided by law, be available to all
601	sexually exploited children whether they are accessed
602	voluntarily, as a condition of probation, through a diversion
603	program, through a proceeding under chapter 39, or through a
604	referral from a local community-based care or social service
605	agency.
606	(3)  The local circuit administrator may, to the extent
607	that funds are available, in conjunction with local law
608	enforcement officials, contract with an appropriate not-for-
609	profit agency having experience working with sexually exploited
610	children to train law enforcement officials who are likely to
611	encounter sexually exploited children in the course of their law
612	enforcement duties on the provisions of this section and how to
613	identify and obtain appropriate services for sexually exploited
614	children. Circuits may work cooperatively to provide such
615	training, and such training may be provided on a regional basis.
616	The department shall assist circuits in obtaining any available
617	funds for the purposes of conducting law enforcement training
618	from the Office of Juvenile Justice and Delinquency Prevention
619	of the United States Department of Justice.
620	Section 9.  Paragraph (f) of subsection (2) of section
621	796.07, Florida Statutes, is republished, and subsection (6) of
622	that section is amended, to read:
623	796.07  Prohibiting prostitution and related acts, etc.;
624	evidence; penalties; definitions.-
625	(2)  It is unlawful:
626	(f)  To solicit, induce, entice, or procure another to
627	commit prostitution, lewdness, or assignation.
628	(6)  A person who violates paragraph (2)(f) shall be
629	assessed a civil penalty of $5,000 $500 if the violation results
630	in any judicial disposition other than acquittal or dismissal.
631	Of the proceeds from each penalty penalties assessed under this
632	subsection, $500 shall be paid to the circuit court
633	administrator for the sole purpose of paying the administrative
634	costs of treatment-based drug court programs provided under s.
635	397.334 and $4,500 shall be paid to the Department of Children
636	and Family Services for the sole purpose of funding safe houses
637	and short-term safe houses as provided in s. 409.1678.
638	Section 10.  Section 960.065, Florida Statutes, is amended
639	to read:
640	960.065  Eligibility for awards.-
641	(1)  Except as provided in subsection (2), the following
642	persons shall be eligible for awards pursuant to this chapter:
643	(a)  A victim.
644	(b)  An intervenor.
645	(c)  A surviving spouse, parent or guardian, sibling, or
646	child of a deceased victim or intervenor.
647	(d)  Any other person who is dependent for his or her
648	principal support upon a deceased victim or intervenor.
649	(2)  Any claim filed by or on behalf of a person who:
650	(a)  Committed or aided in the commission of the crime upon
651	which the claim for compensation was based;
652	(b)  Was engaged in an unlawful activity at the time of the
653	crime upon which the claim for compensation is based;
654	(c)  Was in custody or confined, regardless of conviction,
655	in a county or municipal detention facility, a state or federal
656	correctional facility, or a juvenile detention or commitment
657	facility at the time of the crime upon which the claim for
658	compensation is based;
659	(d)  Has been adjudicated as a habitual felony offender,
660	habitual violent offender, or violent career criminal under s.
661	775.084; or
662	(e)  Has been adjudicated guilty of a forcible felony
663	offense as described in s. 776.08,
664
665	is ineligible shall not be eligible for an award.
666	(3)  Any claim filed by or on behalf of a person who was in
667	custody or confined, regardless of adjudication, in a county or
668	municipal facility, a state or federal correctional facility, or
669	a juvenile detention, commitment, or assessment facility at the
670	time of the crime upon which the claim is based, who has been
671	adjudicated as a habitual felony offender under s. 775.084, or
672	who has been adjudicated guilty of a forcible felony offense as
673	described in s. 776.08, renders the person ineligible shall not
674	be eligible for an award. Notwithstanding the foregoing, upon a
675	finding by the Crime Victims' Services Office of the existence
676	of mitigating or special circumstances that would render such a
677	disqualification unjust, an award may be approved. A decision
678	that mitigating or special circumstances do not exist in a case
679	subject to this section does shall not constitute final agency
680	action subject to review pursuant to ss. 120.569 and 120.57.
681	(4)  Payment may not be made under this chapter if the
682	person who committed the crime upon which the claim is based
683	will receive any direct or indirect financial benefit from such
684	payment, unless such benefit is minimal or inconsequential.
685	Payment may not be denied based on the victim's familial
686	relationship to the offender or based upon the sharing of a
687	residence by the victim and offender, except to prevent unjust
688	enrichment of the offender.
689	(5)  A person is not ineligible for an award pursuant to
690	paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
691	person is a victim of sexual exploitation of a child as defined
692	in s. 39.01(67)(g).
693	Section 11.  Paragraph (b) of subsection (2) of section
694	985.115, Florida Statutes, is amended to read:
695	985.115  Release or delivery from custody.-
696	(2)  Unless otherwise ordered by the court under s. 985.255
697	or s. 985.26, and unless there is a need to hold the child, a
698	person taking a child into custody shall attempt to release the
699	child as follows:
700	(b)  Contingent upon specific appropriation, to a shelter
701	approved by the department or to an authorized agent or short-
702	term safe house under s. 39.401(2)(b).
703	Section 12.  Paragraph (i) of subsection (1) of section
704	985.145, Florida Statutes, is amended to read:
705	985.145  Responsibilities of juvenile probation officer
706	during intake; screenings and assessments.-
707	(1)  The juvenile probation officer shall serve as the
708	primary case manager for the purpose of managing, coordinating,
709	and monitoring the services provided to the child. Each program
710	administrator within the Department of Children and Family
711	Services shall cooperate with the primary case manager in
712	carrying out the duties and responsibilities described in this
713	section. In addition to duties specified in other sections and
714	through departmental rules, the assigned juvenile probation
715	officer shall be responsible for the following:
716	(i)  Recommendation concerning a petition.-Upon determining
717	that the report, affidavit, or complaint complies with the
718	standards of a probable cause affidavit and that the interests
719	of the child and the public will be best served, the juvenile
720	probation officer may recommend that a delinquency petition not
721	be filed. If such a recommendation is made, the juvenile
722	probation officer shall advise in writing the person or agency
723	making the report, affidavit, or complaint, the victim, if any,
724	and the law enforcement agency having investigative jurisdiction
725	over the offense of the recommendation; the reasons therefor;
726	and that the person or agency may submit, within 10 days after
727	the receipt of such notice, the report, affidavit, or complaint
728	to the state attorney for special review. In the case of a
729	report, affidavit, or complaint alleging a violation of s.
730	796.07(2)(f), there is a presumption that the juvenile probation
731	officer recommend that a petition not be filed unless the child
732	has previously been adjudicated delinquent. The state attorney,
733	upon receiving a request for special review, shall consider the
734	facts presented by the report, affidavit, or complaint, and by
735	the juvenile probation officer who made the recommendation that
736	no petition be filed, before making a final decision as to
737	whether a petition or information should or should not be filed.
738	Section 13.  Paragraph (c) of subsection (1) of section
739	985.15, Florida Statutes, is amended to read:
740	985.15  Filing decisions.-
741	(1)  The state attorney may in all cases take action
742	independent of the action or lack of action of the juvenile
743	probation officer and shall determine the action that is in the
744	best interest of the public and the child. If the child meets
745	the criteria requiring prosecution as an adult under s. 985.556,
746	the state attorney shall request the court to transfer and
747	certify the child for prosecution as an adult or shall provide
748	written reasons to the court for not making such a request. In
749	all other cases, the state attorney may:
750	(c)  File a petition for delinquency. In the case of a
751	report, affidavit, or complaint alleging a violation of s.
752	796.07(2)(f), there is a presumption that a petition not be
753	filed unless the child has previously been adjudicated
754	delinquent;
755	Section 14.  This act shall take effect January 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.