Bill Text: FL S0540 | 2019 | Regular Session | Comm Sub
Bill Title: Human Trafficking
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 851 (Ch. 2019-152) [S0540 Detail]
Download: Florida-2019-S0540-Comm_Sub.html
Florida Senate - 2019 CS for CS for SB 540 By the Committees on Community Affairs; and Criminal Justice; and Senators Book and Berman 578-02972-19 2019540c2 1 A bill to be entitled 2 An act relating to human trafficking; creating s. 3 16.618, F.S.; requiring the Department of Legal 4 Affairs to establish a certain direct-support 5 organization; providing requirements for the direct 6 support organization; requiring the direct-support 7 organization to operate under written contract with 8 the department; providing contractual requirements; 9 providing for the membership of and the appointment of 10 directors to the board of directors of the direct 11 support organization; requiring the direct-support 12 organization, in conjunction with the Statewide 13 Council on Human Trafficking, to form certain 14 partnerships for specified purposes; authorizing the 15 department to allow appropriate use of department 16 property, facilities, and personnel by the direct 17 support organization; providing requirements and 18 conditions for such use of department property, 19 facilities, and personnel by the direct-support 20 organization; authorizing the direct-support 21 organization to engage in certain activities for the 22 direct or indirect benefit of the council; providing 23 for moneys received by the direct-support 24 organization; prohibiting certain persons and 25 employees from receiving specified benefits as they 26 relate to the council or the direct-support 27 organization; authorizing the department to terminate 28 its agreement with the direct-support organization if 29 the department determines that the direct-support 30 organization does not meet specified objectives; 31 providing for future review and repeal by the 32 Legislature; amending s. 480.043, F.S.; requiring a 33 massage establishment to train certain employees and 34 create certain policies relating to human trafficking 35 by a specified date; providing requirements for such 36 training; requiring the Board of Massage Therapy to 37 take disciplinary action against a massage 38 establishment for failure to comply with such 39 requirements; providing that this section does not 40 establish a private cause of action against a massage 41 establishment under certain circumstances; creating s. 42 509.096, F.S.; requiring a public lodging 43 establishment to train certain employees and create 44 certain policies relating to human trafficking by a 45 specified date; providing requirements for such 46 training; requiring the Division of Hotels and 47 Restaurants of the Department of Business and 48 Professional Regulation to take disciplinary action 49 against a public lodging establishment for failure to 50 comply with such requirements; providing that this 51 section does not establish a private cause of action 52 against a public lodging establishment under certain 53 circumstances; amending s. 796.07, F.S.; requiring 54 that the criminal history record of a person who is 55 convicted of, or who enters a plea of guilty or nolo 56 contendere to, soliciting, inducing, enticing, or 57 procuring another to commit prostitution, lewdness, or 58 assignation be added to the Soliciting for 59 Prostitution Public Database; requiring the clerk of 60 the court to forward the criminal history record of 61 such persons to the Department of Law Enforcement for 62 certain purposes; creating s. 943.0433, F.S.; 63 requiring the Department of Law Enforcement to create 64 and administer the Soliciting for Prostitution Public 65 Database; requiring the department to add certain 66 criminal history records to the database; requiring 67 the department to automatically remove certain 68 criminal history records from the database under 69 certain circumstances; prohibiting the department from 70 removing certain criminal history records from the 71 database under certain circumstances; requiring the 72 database to include specified information on 73 offenders; requiring the department to adopt rules; 74 amending s. 943.0583, F.S.; creating an exception to a 75 prohibition that bars certain victims of human 76 trafficking from petitioning for the expunction of a 77 criminal history record for offenses committed while 78 the person was a victim of human trafficking as part 79 of the human trafficking scheme or at the direction of 80 an operator of the scheme; creating s. 943.17297, 81 F.S.; requiring each certified law enforcement officer 82 to successfully complete training on identifying and 83 investigating human trafficking before a certain date; 84 requiring that the training be developed in 85 consultation with specified entities; specifying that 86 an officer’s certification shall be inactive if he or 87 she fails to complete the required training until the 88 employing agency notifies the Criminal Justice 89 Standards and Training Commission that the officer has 90 completed the training; providing effective dates. 91 92 WHEREAS, the state of Florida is ranked third nationally 93 for human trafficking abuses, and the Legislature recognizes 94 that the crime of human trafficking is a gross violation of 95 human rights, and has taken measures to raise awareness of the 96 practices of human sex trafficking and of labor trafficking of 97 children and adults in this state, and 98 WHEREAS, the Legislature deems it critical to the health, 99 safety, and welfare of the people in this state to prevent and 100 deter human trafficking networks, and persons who would aid and 101 abet these networks, from operating in this state, and 102 WHEREAS, repeat offenses to aid and abet traffickers by way 103 of recruitment or financial support, and clients of human 104 trafficking networks who use physical violence, are a 105 particularly extreme threat to public safety, and 106 WHEREAS, repeat offenders are extremely likely to use 107 violence and to repeat their offenses, and to commit many 108 offenses with many victims, many of whom are never given 109 justice, and these offenders are only prosecuted for a small 110 fraction of their crimes, and 111 WHEREAS, traffickers and clients of human trafficking 112 networks often use hotels, motels, public lodging 113 establishments, massage establishments, spas, or property rental 114 sharing sites to acquire facilities wherein men, women, and 115 children are coerced into performing sexual acts, which places 116 the employees of these establishments in direct and frequent 117 contact with victims of human trafficking, and 118 WHEREAS, this state is in critical need of a coordinated 119 and collaborative human trafficking law enforcement response to 120 prepare for future large-scale events taking place in this 121 state, and the Legislature finds that a statewide effort focused 122 on law enforcement training, detection, and enforcement, with 123 additional focus on the safe rehabilitation of survivors, will 124 benefit such critical need, and 125 WHEREAS, research from 2011 has demonstrated that a 126 majority of human trafficker’s clients are not interviewed by 127 law enforcement, despite having extensive knowledge of the 128 traffickers and the traffickers’ practices, and are even used as 129 recruiters for traffickers, and 130 WHEREAS, human trafficker’s clients who were interviewed in 131 the same 2011 research stated that they would think twice about 132 purchasing sex from a victim of human trafficking if they were 133 named on a public database, and 134 WHEREAS, client and trafficker anonymity has allowed for 135 trafficking networks to continue in the shadows, and the 136 publication of client and trafficker identities would protect 137 the public from potential harm and protect victims of 138 trafficking from future harm, NOW, THEREFORE, 139 140 Be It Enacted by the Legislature of the State of Florida: 141 142 Section 1. Section 16.618, Florida Statutes, is created to 143 read: 144 16.618 Direct-support organization.— 145 (1) The Department of Legal Affairs shall establish a 146 direct-support organization to provide assistance, funding, and 147 support to the Statewide Council on Human Trafficking and to 148 assist in the fulfillment of the council’s purposes. The direct 149 support organization must be: 150 (a) A Florida corporation, not for profit, incorporated 151 under chapter 617, and approved by the Secretary of State; 152 (b) Organized and operated exclusively to solicit funds; 153 request and receive grants, gifts, and bequests of money; 154 acquire, receive, hold, invest, and administer, in its own name, 155 property and funds; and make expenditures in support of the 156 purposes specified in this section; and 157 (c) Certified by the department, after review, to be 158 operating in a manner consistent with the purposes of the 159 organization and in the best interests of this state. 160 (2) The direct-support organization shall operate under 161 written contract with the department. The contract must provide 162 for all of the following: 163 (a) Approval of the articles of incorporation and bylaws of 164 the direct-support organization by the department. 165 (b) Submission of an annual budget for approval by the 166 department. 167 (c) Annual certification by the department that the direct 168 support organization is complying with the terms of the contract 169 and is operating in a manner consistent with the purposes of the 170 organization and in the best interests of this state. 171 (d) Reversion to the Florida Council Against Sexual 172 Violence of moneys and property held in trust by the direct 173 support organization if the direct-support organization is no 174 longer approved to operate or if it ceases to exist. 175 (e) Disclosure of the material provisions of the contract 176 and the distinction between the board of directors and the 177 direct-support organization to donors of gifts, contributions, 178 or bequests, which disclosures must be included in all 179 promotional and fundraising publications. 180 (f) An annual financial audit in accordance with s. 181 215.981. 182 (g) Establishment of the fiscal year of the direct-support 183 organization as beginning on July 1 of each year and ending on 184 June 30 of the following year. 185 (h) Appointment of the board of directors, pursuant to this 186 section. 187 (i) Authority of the board of directors of the direct 188 support organization to hire an executive director. 189 (3) The board of directors of the direct-support 190 organization shall consist of seven members. Each member of the 191 board of directors shall be appointed to a 4-year term; however, 192 for the purpose of providing staggered terms, the appointee of 193 the President of the Senate and the appointee of the Speaker of 194 the House of Representatives shall each initially be appointed 195 to a 2-year term, and the Attorney General shall initially 196 appoint two members to serve 2-year terms. All subsequent 197 appointments shall be for 4-year terms. Any vacancy that occurs 198 must be filled in the same manner as the original appointment 199 and is for the unexpired term of that seat. The board of 200 directors shall be appointed as follows: 201 (a) Four members appointed by the Attorney General, one of 202 which must be a survivor of human trafficking and one of which 203 must be a mental health expert. 204 (b) One member appointed by the Governor. 205 (c) One member appointed by the President of the Senate. 206 (d) One member appointed by the Speaker of the House of 207 Representatives. 208 (4) In conjunction with the Statewide Council on Human 209 Trafficking, and funded exclusively by the direct-support 210 organization, the direct-support organization shall form 211 strategic partnerships to foster the development of community 212 and private sector resources to advance the goals of the 213 council. 214 (5) The direct-support organization shall consider the 215 participation of counties and municipalities in this state which 216 demonstrate a willingness to participate and an ability to be 217 successful in any programs funded by the direct-support 218 organization. 219 (6)(a) The department may authorize the appropriate use 220 without charge, of the department’s property, facilities, and 221 personnel by the direct-support organization. The use must be 222 for the approved purposes of the direct-support organization and 223 may not be made at times or places that would unreasonably 224 interfere with opportunities for the general public to use 225 departmental facilities. 226 (b) The department shall prescribe by agreement conditions 227 with which the direct-support organization must comply in order 228 to use department property, facilities, or personnel. Such 229 conditions must provide for budget and audit review and 230 oversight by the department. 231 (c) The department may not authorize the use of property, 232 facilities, or personnel of the council, department, or 233 designated program by the direct-support organization which does 234 not provide equal employment opportunities to all persons 235 regardless of race, color, religion, sex, age, or national 236 origin. 237 (7)(a) The direct-support organization may conduct programs 238 and activities; raise funds; request and receive grants, gifts, 239 and bequests of money; acquire, receive, hold, invest, and 240 administer, in its own name, securities, funds, objects of 241 value, or other property, real or personal; and make 242 expenditures to or for the direct or indirect benefit of the 243 council or designated program. 244 (b) Notwithstanding s. 287.025(1)(e), the direct-support 245 organization may enter into contracts to insure the property of 246 the council or designated programs and may insure objects or 247 collections on loan from other entities in satisfying security 248 terms of the lender. 249 (8) A departmental employee, a direct-support organization 250 or council employee, a volunteer, or a director or a designated 251 program may not: 252 (a) Receive a commission, fee, or financial benefit in 253 connection with serving on the council; or 254 (b) Be a business associate of any individual, firm, or 255 organization involved in the sale or the exchange of real or 256 personal property to the direct-support organization, the 257 council, or a designated program. 258 (9) All moneys received by the direct-support organization 259 shall be deposited into an account of the direct-support 260 organization and shall be used in a manner consistent with the 261 goals of the council or designated program. 262 (10) The department may terminate its agreement with the 263 direct-support organization at any time if the department 264 determines that the direct-support organization does not meet 265 the objectives of this section. 266 (11) This section is repealed October 1, 2024, unless 267 reviewed and saved from repeal by the Legislature. 268 Section 2. Section 480.043, Florida Statutes, is amended to 269 read: 270 480.043 Massage establishments; requisites; licensure; 271 inspection; human trafficking awareness training and policies; 272 enforcement.— 273 (1) No massage establishment shall be allowed to operate 274 without a license granted by the department in accordance with 275 rules adopted by the board. 276 (2) A person who has an ownership interest in an 277 establishment shall submit to the background screening 278 requirements under s. 456.0135. However, if a corporation 279 submits proof of having more than $250,000 of business assets in 280 this state, the department shall require the owner, officer, or 281 individual directly involved in the management of the 282 establishment to submit to the background screening requirements 283 of s. 456.0135. The department may adopt rules regarding the 284 type of proof that may be submitted by a corporation. 285 (3) The board shall adopt rules governing the operation of 286 establishments and their facilities, personnel, safety and 287 sanitary requirements, financial responsibility, insurance 288 coverage, and the license application and granting process. 289 (4) Any person, firm, or corporation desiring to operate a 290 massage establishment in the state shall submit to the 291 department an application, upon forms provided by the 292 department, accompanied by any information requested by the 293 department and an application fee. 294 (5) Upon receiving the application, the department may 295 cause an investigation to be made of the proposed massage 296 establishment. 297 (6) If, based upon the application and any necessary 298 investigation, the department determines that the proposed 299 establishment would fail to meet the standards adopted by the 300 board under subsection (3), the department shall deny the 301 application for license. Such denial shall be in writing and 302 shall list the reasons for denial. Upon correction of any 303 deficiencies, an applicant previously denied permission to 304 operate a massage establishment may reapply for licensure. 305 (7) If, based upon the application and any necessary 306 investigation, the department determines that the proposed 307 massage establishment may reasonably be expected to meet the 308 standards adopted by the department under subsection (3), the 309 department shall grant the license under such restrictions as it 310 shall deem proper as soon as the original licensing fee is paid. 311 (8) The department shall deny an application for a new or 312 renewal license if a person with an ownership interest in the 313 establishment or, for a corporation that has more than $250,000 314 of business assets in this state, the owner, officer, or 315 individual directly involved in the management of the 316 establishment has been convicted or found guilty of, or entered 317 a plea of guilty or nolo contendere to, regardless of 318 adjudication, a violation of s. 796.07(2)(a) which is 319 reclassified under s. 796.07(7) or a felony offense under any of 320 the following provisions of state law or a similar provision in 321 another jurisdiction: 322 (a) Section 787.01, relating to kidnapping. 323 (b) Section 787.02, relating to false imprisonment. 324 (c) Section 787.025, relating to luring or enticing a 325 child. 326 (d) Section 787.06, relating to human trafficking. 327 (e) Section 787.07, relating to human smuggling. 328 (f) Section 794.011, relating to sexual battery. 329 (g) Section 794.08, relating to female genital mutilation. 330 (h) Former s. 796.03, relating to procuring a person under 331 the age of 18 for prostitution. 332 (i) Former s. 796.035, relating to selling or buying of 333 minors into prostitution. 334 (j) Section 796.04, relating to forcing, compelling, or 335 coercing another to become a prostitute. 336 (k) Section 796.05, relating to deriving support from the 337 proceeds of prostitution. 338 (l) Section 796.07(4)(a)3., relating to a felony of the 339 third degree for a third or subsequent violation of s. 796.07, 340 relating to prohibiting prostitution and related acts. 341 (m) Section 800.04, relating to lewd or lascivious offenses 342 committed upon or in the presence of persons less than 16 years 343 of age. 344 (n) Section 825.1025(2)(b), relating to lewd or lascivious 345 offenses committed upon or in the presence of an elderly or 346 disabled person. 347 (o) Section 827.071, relating to sexual performance by a 348 child. 349 (p) Section 847.0133, relating to the protection of minors. 350 (q) Section 847.0135, relating to computer pornography. 351 (r) Section 847.0138, relating to the transmission of 352 material harmful to minors to a minor by electronic device or 353 equipment. 354 (s) Section 847.0145, relating to the selling or buying of 355 minors. 356 (9)(a) Once issued, no license for operation of a massage 357 establishment may be transferred from one owner to another. 358 (b) A license may be transferred from one location to 359 another only after inspection and approval by the board and 360 receipt of an application and inspection fee set by rule of the 361 board, not to exceed $125. 362 (c) A license may be transferred from one business name to 363 another after approval by the board and receipt of an 364 application fee set by rule of the board, not to exceed $25. 365 (10) Renewal of license registration for massage 366 establishments shall be accomplished pursuant to rules adopted 367 by the board. The board is further authorized to adopt rules 368 governing delinquent renewal of licenses and may impose penalty 369 fees for delinquent renewal. 370 (11) The board is authorized to adopt rules governing the 371 periodic inspection of massage establishments licensed under 372 this act. 373 (12) A person with an ownership interest in or, for a 374 corporation that has more than $250,000 of business assets in 375 this state, the owner, officer, or individual directly involved 376 in the management of an establishment that was issued a license 377 before July 1, 2014, shall submit to the background screening 378 requirements of s. 456.0135 before January 31, 2015. 379 (13)(a) A massage establishment shall: 380 1. Provide training regarding human trafficking awareness 381 to massage therapists and employees of the establishment who 382 ordinarily interact with guests. Such training must be provided 383 to such massage therapists and employees within 6 months after 384 their employment in that role, or by January 1, 2021, whichever 385 occurs later. Proof of such employee training must be provided 386 to the board upon request. 387 2. By January 1, 2021, implement a procedure for the 388 reporting of suspected human trafficking to the National Human 389 Trafficking Hotline or to a local law enforcement agency. 390 3. By January 1, 2021, post in a conspicuous place in the 391 establishment which is accessible to employees a sign with the 392 relevant provisions of the reporting procedure provided for in 393 subparagraph 2. 394 (b) The human trafficking awareness training required under 395 subparagraph 1. must be submitted to and approved by the 396 department before the training is provided to employees and must 397 include the following: 398 1. The definition of human trafficking and the difference 399 between the two forms of human trafficking: sex trafficking and 400 labor trafficking. 401 2. Guidance specific to the massage establishment sector 402 concerning how to identify individuals who may be victims of 403 human trafficking. 404 3. Guidance concerning the role of the employees of a 405 massage establishment in reporting and responding to suspected 406 human trafficking. 407 (c) The board must take disciplinary action against a 408 massage establishment that has operated or that is operating in 409 violation of this section. 410 (d) This section does not establish a private cause of 411 action. A massage establishment is not liable for any harm 412 resulting from the failure of an employee to prevent, detect, or 413 report suspected human trafficking if the massage establishment 414 was in compliance with the requirements of this section at the 415 time of such harm. 416 (14)(13)This section does not apply to a physician 417 licensed under chapter 458, chapter 459, or chapter 460 who 418 employs a licensed massage therapist to perform massage on the 419 physician’s patients at the physician’s place of practice. This 420 subsection does not restrict investigations by the department 421 for violations of chapter 456 or this chapter. 422 Section 3. Section 509.096, Florida Statutes, is created to 423 read: 424 509.096 Human trafficking awareness training and policies 425 for employees of public lodging establishments; enforcement.— 426 (1) A public lodging establishment shall: 427 (a) Provide training regarding human trafficking awareness 428 to employees of the establishment who perform housekeeping 429 duties in the rental units or who work at the front desk or 430 reception area where guests ordinarily check-in or check-out. 431 Such training must be provided to such employees within 6 months 432 after their employment in that role, or by January 1, 2020, 433 whichever occurs later. Proof of such employee training must be 434 provided to the division upon request. 435 (b) By January 1, 2020, implement a procedure for the 436 reporting of suspected human trafficking to the National Human 437 Trafficking Hotline or to a local law enforcement agency. 438 (c) By January 1, 2020, post in a conspicuous place in the 439 establishment which is accessible to employees a sign with the 440 relevant provisions of the reporting procedure provided for in 441 paragraph (b). 442 (2) The human trafficking awareness training required under 443 paragraph (1)(a) must be submitted to and approved by the 444 division before the training is provided to employees and must 445 include all of the following: 446 (a) The definition of human trafficking and the difference 447 between the two forms of human trafficking: sex trafficking and 448 labor trafficking. 449 (b) Guidance specific to the public lodging sector 450 concerning how to identify individuals who may be victims of 451 human trafficking. 452 (c) Guidance concerning the role of the employees of a 453 public lodging establishment in reporting and responding to 454 suspected human trafficking. 455 (3) Pursuant to s. 509.261, the division must take 456 disciplinary action against a public lodging establishment that 457 has operated or that is operating in violation of this section. 458 (4) This section does not establish a private cause of 459 action. A public lodging establishment is not liable for any 460 harm resulting from the failure of an employee to prevent, 461 detect, or report suspected human trafficking if the public 462 lodging establishment was in compliance with the requirements of 463 this section at the time of such harm. 464 Section 4. Effective October 1, 2019, subsection (5) of 465 section 796.07, Florida Statutes, is amended, and subsection (2) 466 of that section is republished, to read: 467 796.07 Prohibiting prostitution and related acts.— 468 (2) It is unlawful: 469 (a) To own, establish, maintain, or operate any place, 470 structure, building, or conveyance for the purpose of lewdness, 471 assignation, or prostitution. 472 (b) To offer, or to offer or agree to secure, another for 473 the purpose of prostitution or for any other lewd or indecent 474 act. 475 (c) To receive, or to offer or agree to receive, any person 476 into any place, structure, building, or conveyance for the 477 purpose of prostitution, lewdness, or assignation, or to permit 478 any person to remain there for such purpose. 479 (d) To direct, take, or transport, or to offer or agree to 480 direct, take, or transport, any person to any place, structure, 481 or building, or to any other person, with knowledge or 482 reasonable cause to believe that the purpose of such directing, 483 taking, or transporting is prostitution, lewdness, or 484 assignation. 485 (e) For a person 18 years of age or older to offer to 486 commit, or to commit, or to engage in, prostitution, lewdness, 487 or assignation. 488 (f) To solicit, induce, entice, or procure another to 489 commit prostitution, lewdness, or assignation. 490 (g) To reside in, enter, or remain in, any place, 491 structure, or building, or to enter or remain in any conveyance, 492 for the purpose of prostitution, lewdness, or assignation. 493 (h) To aid, abet, or participate in any of the acts or 494 things enumerated in this subsection. 495 (i) To purchase the services of any person engaged in 496 prostitution. 497 (5)(a) A person who violates paragraph (2)(f) commits: 498 1. A misdemeanor of the first degree for a first violation, 499 punishable as provided in s. 775.082 or s. 775.083. 500 2. A felony of the third degree for a second violation, 501 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 502 3. A felony of the second degree for a third or subsequent 503 violation, punishable as provided in s. 775.082, s. 775.083, or 504 s. 775.084. 505 (b) In addition to any other penalty imposed, the court 506 shall order a person convicted of a violation of paragraph 507 (2)(f) to: 508 1. Perform 100 hours of community service; and 509 2. Pay for and attend an educational program about the 510 negative effects of prostitution and human trafficking, such as 511 a sexual violence prevention education program, including such 512 programs offered by faith-based providers, if such programs 513 exist in the judicial circuit in which the offender is 514 sentenced. 515 (c) In addition to any other penalty imposed, the court 516 shall sentence a person convicted of a second or subsequent 517 violation of paragraph (2)(f) to a minimum mandatory period of 518 incarceration of 10 days. 519 (d)1. If a person who violates paragraph (2)(f) uses a 520 vehicle in the course of the violation, the judge, upon the 521 person’s conviction, may issue an order for the impoundment or 522 immobilization of the vehicle for a period of up to 60 days. The 523 order of impoundment or immobilization must include the names 524 and telephone numbers of all immobilization agencies meeting all 525 of the conditions of s. 316.193(13). Within 7 business days 526 after the date that the court issues the order of impoundment or 527 immobilization, the clerk of the court must send notice by 528 certified mail, return receipt requested, to the registered 529 owner of the vehicle, if the registered owner is a person other 530 than the defendant, and to each person of record claiming a lien 531 against the vehicle. 532 2. The owner of the vehicle may request the court to 533 dismiss the order. The court must dismiss the order, and the 534 owner of the vehicle will incur no costs, if the owner of the 535 vehicle alleges and the court finds to be true any of the 536 following: 537 a. The owner’s family has no other private or public means 538 of transportation; 539 b. The vehicle was stolen at the time of the offense; 540 c. The owner purchased the vehicle after the offense was 541 committed, and the sale was not made to circumvent the order and 542 allow the defendant continued access to the vehicle; or 543 d. The vehicle is owned by the defendant but is operated 544 solely by employees of the defendant or employees of a business 545 owned by the defendant. 546 3. If the court denies the request to dismiss the order, 547 the petitioner may request an evidentiary hearing. If, at the 548 evidentiary hearing, the court finds to be true any of the 549 circumstances described in sub-subparagraphs (d)2.a.-d., the 550 court must dismiss the order and the owner of the vehicle will 551 incur no costs. 552 (e) The criminal history record of a person who violates 553 paragraph (2)(f) and who is found guilty as a result of a trial 554 or who enters a plea of guilty or nolo contendere, regardless of 555 whether adjudication is withheld, must be added to the 556 Soliciting for Prostitution Public Database established under s. 557 943.0433. Upon the person’s conviction, the clerk of the court 558 shall forward the criminal history record of the convicted 559 person to the Department of Law Enforcement for inclusion in the 560 database. 561 Section 5. Effective October 1, 2019, section 943.0433, 562 Florida Statutes, is created to read: 563 943.0433 Soliciting for Prostitution Public Database.— 564 (1) The department shall create and administer the 565 Soliciting for Prostitution Public Database. The clerk of the 566 court shall forward to the department the criminal history 567 record of a person in accordance with s. 796.07(5)(e), and the 568 department must add the criminal history record to the database. 569 (2)(a) The department shall automatically remove the 570 criminal history record of a person on the database for a first 571 violation of s. 796.07(2)(f) if, after 5 years after the 572 person’s conviction, such person has not again violated s. 573 796.07(2)(f) and has not committed any other offense within that 574 time that would constitute a sexual offense, including, but not 575 limited to, human trafficking or an offense that would require 576 registration as a sexual offender. 577 (b) The department may not remove a criminal history record 578 from the database if a person violates s. 796.07(2)(f) a second 579 or subsequent time. 580 (3) The database must include all of the following on each 581 offender: 582 (a) His or her full legal name. 583 (b) His or her last known address. 584 (c) A color photograph of him or her. 585 (d) The offense for which he or she was convicted. 586 (4) The department shall adopt rules to administer this 587 section. 588 Section 6. Subsection (3) of section 943.0583, Florida 589 Statutes, is amended to read: 590 943.0583 Human trafficking victim expunction.— 591 (3) A person who is a victim of human trafficking may 592 petition for the expunction of a criminal history record 593 resulting from the arrest or filing of charges for an offense 594 committed or reported to have been committed while the person 595 was a victim of human trafficking, which offense was committed 596 or reported to have been committed as a part of the human 597 trafficking scheme of which the person was a victim or at the 598 direction of an operator of the scheme, including, but not 599 limited to, violations under chapters 796 and 847, without 600 regard to the disposition of the arrest or of any charges. 601 However, this section does not apply to any offense listed in s. 602 775.084(1)(b)1., except for kidnapping. Determination of the 603 petition under this section should be by a preponderance of the 604 evidence. A conviction expunged under this section is deemed to 605 have been vacated due to a substantive defect in the underlying 606 criminal proceedings. If a person is adjudicated not guilty by 607 reason of insanity or is found to be incompetent to stand trial 608 for any such charge, the expunction of the criminal history 609 record may not prevent the entry of the judgment or finding in 610 state and national databases for use in determining eligibility 611 to purchase or possess a firearm or to carry a concealed 612 firearm, as authorized in s. 790.065(2)(a)4.c. and 18 U.S.C. s. 613 922(t), nor shall it prevent any governmental agency that is 614 authorized by state or federal law to determine eligibility to 615 purchase or possess a firearm or to carry a concealed firearm 616 from accessing or using the record of the judgment or finding in 617 the course of such agency’s official duties. 618 Section 7. Section 943.17297, Florida Statutes, is created 619 to read: 620 943.17297 Training in identifying and investigating human 621 trafficking.—Each certified law enforcement officer must 622 successfully complete four hours of training on identifying and 623 investigating human trafficking as a part of the basic recruit 624 training of the officer required in s. 943.13(9) or continuing 625 education under s. 943.135(1) before July 1, 2022. The training 626 must be developed by the commission in consultation with the 627 Department of Children and Families and the Statewide Council on 628 Human Trafficking. If an officer fails to complete the required 629 training, his or her certification shall be inactive until the 630 employing agency notifies the commission that the officer has 631 completed the training. 632 Section 8. Except as otherwise expressly provided in this 633 act, this act shall take effect July 1, 2019.