Bill Text: FL S0796 | 2024 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Anti-human Trafficking

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2024-03-05 - Laid on Table, refer to HB 7063 [S0796 Detail]

Download: Florida-2024-S0796-Comm_Sub.html

---

       Florida Senate - 2024                              CS for SB 796
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Avila
       
       
       
       
       585-02361-24                                           2024796c1
    1                        A bill to be entitled                      
    2         An act relating to combatting human trafficking;
    3         amending s. 16.618, F.S.; revising the membership of
    4         the board of directors of the direct-support
    5         organization for the Statewide Council on Human
    6         Trafficking; extending the future repeal date of the
    7         direct-support organization; amending ss. 394.875,
    8         456.0341, and 480.043, F.S.; revising the hotline
    9         telephone number to be included in human trafficking
   10         awareness signs to the Florida Human Trafficking
   11         Hotline, rather than the National Human Trafficking
   12         Hotline; amending s. 509.096, F.S.; revising and
   13         providing human trafficking awareness training and
   14         policies for public lodging establishments; removing
   15         obsolete provisions; requiring public lodging
   16         establishments to retain and provide certain proof of
   17         compliance; revising the hotline telephone number to
   18         be included in human trafficking awareness signs to
   19         the Florida Human Trafficking Hotline, rather than the
   20         National Human Trafficking Hotline; amending s.
   21         787.06, F.S.; requiring that contractors with
   22         governmental entities attest that they do not use
   23         coercion for labor or services; providing a
   24         definition; amending s. 787.29, F.S.; revising the
   25         hotline telephone number to be included in human
   26         trafficking awareness signs to the Florida Human
   27         Trafficking Hotline, rather than the National Human
   28         Trafficking Hotline; providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsections (3) and (12) of section 16.618,
   33  Florida Statutes, are amended to read:
   34         16.618 Direct-support organization.—
   35         (3) The board of directors of the direct-support
   36  organization shall consist of 17 13 members. Each member of the
   37  board of directors shall be appointed to a 4-year term; however,
   38  for the purpose of providing staggered terms, the appointees of
   39  the President of the Senate and the appointees of the Speaker of
   40  the House of Representatives shall each initially be appointed
   41  to 2-year terms, and the Attorney General shall initially
   42  appoint 2 members to serve 2-year terms. All subsequent
   43  appointments shall be for 4-year terms. Any vacancy that occurs
   44  must be filled in the same manner as the original appointment
   45  and is for the unexpired term of that seat. The board of
   46  directors shall be appointed as follows:
   47         (a) Two members appointed by the executive director of the
   48  Department of Law Enforcement, both of whom must have law
   49  enforcement backgrounds with experience and knowledge in the
   50  area of human trafficking.
   51         (b) Three members appointed by the Attorney General, one of
   52  whom must be a survivor of human trafficking and one of whom
   53  must be a mental health expert.
   54         (c) Four members appointed by the President of the Senate.
   55         (d) Four members appointed by the Speaker of the House of
   56  Representatives.
   57         (e) Four members appointed by the board of directors.
   58         (12) This section is repealed October 1, 2029 2024, unless
   59  reviewed and saved from repeal by the Legislature.
   60         Section 2. Paragraph (b) of subsection (8) of section
   61  394.875, Florida Statutes, is amended to read:
   62         394.875 Crisis stabilization units, residential treatment
   63  facilities, and residential treatment centers for children and
   64  adolescents; authorized services; license required.—
   65         (8)
   66         (b) Residential treatment centers for children and
   67  adolescents must conspicuously place signs on their premises to
   68  warn children and adolescents of the dangers of human
   69  trafficking and to encourage the reporting of individuals
   70  observed attempting to engage in human trafficking activity. The
   71  signs must contain the telephone number for the Florida Human
   72  Trafficking Hotline, 1-855-FLA-SAFE, the National Human
   73  Trafficking Hotline or such other number that the Department of
   74  Law Enforcement uses to detect and stop human trafficking. The
   75  department, in consultation with the agency, shall specify, at a
   76  minimum, the content of the signs by rule.
   77         Section 3. Subsection (3) of section 456.0341, Florida
   78  Statutes, is amended to read:
   79         456.0341 Requirements for instruction on human
   80  trafficking.—The requirements of this section apply to each
   81  person licensed or certified under chapter 457; chapter 458;
   82  chapter 459; chapter 460; chapter 461; chapter 463; chapter 465;
   83  chapter 466; part II, part III, part V, or part X of chapter
   84  468; chapter 480; or chapter 486.
   85         (3) By January 1, 2025 2021, the licensees or
   86  certificateholders shall post in their place of work in a
   87  conspicuous place accessible to employees a sign at least 11
   88  inches by 15 inches in size, printed in a clearly legible font
   89  and in at least a 32-point type, which substantially states in
   90  English and Spanish:
   91  
   92  “If you or someone you know is being forced to engage in an
   93  activity and cannot leave, whether it is prostitution,
   94  housework, farm work, factory work, retail work, restaurant
   95  work, or any other activity, call the Florida Human Trafficking
   96  Hotline, 1-855-FLA-SAFE, the National Human Trafficking Resource
   97  Center at 888-373-7888 or text INFO or HELP to 233-733 to access
   98  help and services. Victims of slavery and human trafficking are
   99  protected under United States and Florida law.”
  100         Section 4. Subsection (13) of section 480.043, Florida
  101  Statutes, is amended to read:
  102         480.043 Massage establishments; requisites; licensure;
  103  inspection; human trafficking awareness training and policies.—
  104         (13) By January 1, 2025 2021, a massage establishment shall
  105  implement a procedure for reporting suspected human trafficking
  106  to the Florida Human Trafficking Hotline, 1-855-FLA-SAFE, the
  107  National Human Trafficking Hotline or to a local law enforcement
  108  agency and shall post in a conspicuous place in the
  109  establishment which is accessible to employees a sign with the
  110  relevant provisions of the reporting procedure.
  111         Section 5. Section 509.096, Florida Statutes, is amended to
  112  read:
  113         509.096 Human trafficking awareness training and policies
  114  for employees of public lodging establishments; enforcement.—
  115         (1) A public lodging establishment shall:
  116         (a) Provide annual training regarding human trafficking
  117  awareness to all employees of the establishment who are on the
  118  premises and regularly interact with guests perform housekeeping
  119  duties in the rental units or who work at the front desk or
  120  reception area where guests ordinarily check in or check out.
  121  Such training must also be provided for new employees within 60
  122  days after they begin their employment in those roles, or by
  123  January 1, 2021, whichever occurs later. Each employee must
  124  submit to the hiring establishment a signed and dated
  125  acknowledgment of having received the training, which the
  126  establishment must provide to the Department of Business and
  127  Professional Regulation upon request. The establishment may keep
  128  such acknowledgment electronically. The establishment shall
  129  retain proof of compliance with this paragraph and provide such
  130  proof to the Department of Business and Professional Regulation
  131  upon request.
  132         (b) By January 1, 2021, Implement a procedure for the
  133  reporting of suspected human trafficking to the National Human
  134  Trafficking Hotline or to a local law enforcement agency.
  135         (c) By January 1, 2025 2021, post in a conspicuous location
  136  in the establishment which is accessible to employees a human
  137  trafficking public awareness sign at least 11 inches by 15
  138  inches in size, printed in an easily legible font and in at
  139  least 32-point type, which states in English and Spanish and any
  140  other language predominantly spoken in that area which the
  141  department deems appropriate substantially the following:
  142  
  143  “If you or someone you know is being forced to engage in an
  144  activity and cannot leave, whether it is prostitution,
  145  housework, farm work, factory work, retail work, restaurant
  146  work, or any other activity, call the Florida Human Trafficking
  147  Hotline, 1-855-FLA-SAFE, the National Human Trafficking Resource
  148  Center at 888-373-7888 or text INFO or HELP to 233-733 to access
  149  help and services. Victims of slavery and human trafficking are
  150  protected under United States and Florida law.”
  151         (2) The human trafficking awareness training required under
  152  paragraph (1)(a) must be submitted to and approved by the
  153  Department of Business and Professional Regulation and must
  154  include all of the following:
  155         (a) The definition of human trafficking and the difference
  156  between the two forms of human trafficking: sex trafficking and
  157  labor trafficking.
  158         (b) Guidance specific to the public lodging sector
  159  concerning how to identify individuals who may be victims of
  160  human trafficking.
  161         (c) Guidance concerning the role of the employees of a
  162  public lodging establishment in reporting and responding to
  163  suspected human trafficking.
  164         (3) For a violation committed on or after July 1, 2023, The
  165  division shall impose an administrative fine of $2,000 per day
  166  on a public lodging establishment that is not in compliance with
  167  this section and remit the fines to the direct-support
  168  organization established under s. 16.618, unless the division
  169  receives adequate written documentation from the public lodging
  170  establishment which provides assurance that each deficiency will
  171  be corrected within 45 days after the division provided the
  172  public lodging establishment with notice of its violation. For a
  173  second or subsequent violation of this subsection committed on
  174  or after July 1, 2023, the division may not provide a correction
  175  period to a public lodging establishment and must impose the
  176  applicable administrative fines.
  177         (4) This section does not establish a private cause of
  178  action. This section does not alter or limit any other existing
  179  remedies available to survivors of human trafficking.
  180         Section 6. Subsection (13) is added to section 787.06,
  181  Florida Statutes, to read:
  182         787.06 Human trafficking.—
  183         (13) When a contract is executed, renewed, or extended
  184  between a nongovernmental entity and a governmental entity, the
  185  nongovernmental entity must provide the governmental entity with
  186  an affidavit, signed by an officer or a representative of the
  187  nongovernmental entity under penalty of perjury, attesting that
  188  the nongovernmental entity does not use coercion for labor or
  189  services as those terms are defined in this section. For
  190  purposes of this subsection, the term “governmental entity” has
  191  the same meaning as in s. 287.138(1).
  192         Section 7. Subsection (4) of section 787.29, Florida
  193  Statutes, is amended to read:
  194         787.29 Human trafficking public awareness signs.—
  195         (4) The required public awareness sign must be at least 8.5
  196  inches by 11 inches in size, must be printed in at least a 16
  197  point type, and must state substantially the following in
  198  English and Spanish:
  199  
  200  “If you or someone you know is being forced to engage in an
  201  activity and cannot leave—whether it is prostitution, housework,
  202  farm work, factory work, retail work, restaurant work, or any
  203  other activity—call the Florida Human Trafficking Hotline, 1
  204  855-FLA-SAFE, the National Human Trafficking Resource Center at
  205  1-888-373-7888 or text INFO or HELP to 233-733 to access help
  206  and services. Victims of slavery and human trafficking are
  207  protected under United States and Florida law.”
  208         Section 8. This act shall take effect July 1, 2024.