Bill Text: FL S1690 | 2023 | Regular Session | Comm Sub

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

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Bill Title: Sexual Exploitation and Human Trafficking

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Passed) 2023-05-17 - Chapter No. 2023-85 [S1690 Detail]

Download: Florida-2023-S1690-Comm_Sub.html

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       Florida Senate - 2023                             CS for SB 1690
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Ingoglia
       
       
       
       
       586-03140-23                                          20231690c1
    1                        A bill to be entitled                      
    2         An act relating to sexual exploitation and human
    3         trafficking; amending s. 394.875, F.S.; requiring
    4         residential treatment centers for children and
    5         adolescents to place specified signage; requiring the
    6         Department of Children and Families, in consultation
    7         with the Agency for Health Care Administration, to
    8         adopt rules; amending s. 787.29, F.S.; making
    9         technical changes; creating s. 402.88, F.S.; defining
   10         terms; requiring the department to develop a process
   11         to certify adult safe houses that provide housing and
   12         care to adult survivors of human trafficking;
   13         providing certification requirements; authorizing
   14         rulemaking; requiring the department to inspect adult
   15         safe houses before certification and annually
   16         thereafter; requiring the department to ensure the
   17         staff of each adult safe house completes specified
   18         intensive training; providing for department actions
   19         for noncompliance; amending s. 409.1678, F.S.;
   20         providing requirements for safe houses and safe foster
   21         homes; requiring the department to develop or approve
   22         educational programming on commercial sexual
   23         exploitation; amending s. 409.175, F.S.; requiring
   24         specified signage to be placed on the premises of
   25         facilities maintained by licensed child-caring
   26         agencies; requiring the department to adopt rules;
   27         providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Subsection (8) of section 394.875, Florida
   32  Statutes, is amended to read:
   33         394.875 Crisis stabilization units, residential treatment
   34  facilities, and residential treatment centers for children and
   35  adolescents; authorized services; license required.—
   36         (8)(a) The department, in consultation with the agency,
   37  must adopt rules governing a residential treatment center for
   38  children and adolescents which specify licensure standards for:
   39  admission; length of stay; program and staffing; discharge and
   40  discharge planning; treatment planning; seclusion, restraints,
   41  and time-out; rights of patients under s. 394.459; use of
   42  psychotropic medications; and standards for the operation of
   43  such centers.
   44         (b) Residential treatment centers for children and
   45  adolescents must conspicuously place signs on their premises to
   46  warn children and adolescents of the dangers of human
   47  trafficking and to encourage the reporting of individuals
   48  observed attempting to engage in human trafficking activity. The
   49  signs must contain the telephone number for the National Human
   50  Trafficking Hotline or such other number that the Department of
   51  Law Enforcement uses to detect and stop human trafficking. The
   52  department, in consultation with the agency, shall specify, at a
   53  minimum, the content of the signs by rule.
   54         Section 2. Subsections (3) and (5) of section 787.29,
   55  Florida Statutes, are amended, and subsection (4) of that
   56  section is republished, to read:
   57         787.29 Human trafficking public awareness signs.—
   58         (3)(a) The employer at each of the following establishments
   59  shall display a public awareness sign developed under subsection
   60  (4) in a conspicuous location that is clearly visible to the
   61  public and employees of the establishment:
   62         1.(a) A strip club or other adult entertainment
   63  establishment.
   64         2.(b) A business or establishment that offers massage or
   65  bodywork services for compensation that is not owned by a health
   66  care practitioner regulated pursuant to chapter 456 and defined
   67  in s. 456.001.
   68         (b) The county commission may adopt an ordinance to enforce
   69  this subsection. A violation of this subsection is a noncriminal
   70  violation and punishable by a fine only as provided in s.
   71  775.083.
   72         (4) The required public awareness sign must be at least 8.5
   73  inches by 11 inches in size, must be printed in at least a 16
   74  point type, and must state substantially the following in
   75  English and Spanish:
   76  
   77         “If you or someone you know is being forced to engage
   78         in an activity and cannot leave—whether it is
   79         prostitution, housework, farm work, factory work,
   80         retail work, restaurant work, or any other activity
   81         call the National Human Trafficking Resource Center at
   82         1-888-373-7888 or text INFO or HELP to 233-733 to
   83         access help and services. Victims of slavery and human
   84         trafficking are protected under United States and
   85         Florida law.”
   86  
   87         (5) The county commission may adopt an ordinance to enforce
   88  subsection (3). A violation of subsection (3) is a noncriminal
   89  violation and punishable by a fine only as provided in s.
   90  775.083.
   91         Section 3. Section 402.88, Florida Statutes, is created to
   92  read:
   93         402.88 Adult safe houses for adults who have been sexually
   94  exploited or trafficked.—
   95         (1) As used in this section the term:
   96         (a) “Adult safe house” means a group residential facility
   97  certified by the department under this section to care for
   98  adults who have been sexually exploited or trafficked.
   99         (b) “Department” means the Department of Children and
  100  Families.
  101         (2) The department shall establish a process to certify
  102  adult safe houses that provide housing and care to adult
  103  survivors of human trafficking as defined in s. 787.06. The
  104  adult safe houses certified under this section must:
  105         (a) Provide a facility which will serve as an adult safe
  106  house to receive and house persons who are victims of human
  107  trafficking. For the purpose of this section, minor children and
  108  other dependents of a victim, when such dependents are partly or
  109  wholly dependent on the victim for support or services, may be
  110  sheltered with the victim in an adult safe house.
  111         (b) Receive the annual written endorsement of local law
  112  enforcement agencies.
  113         (c) Provide minimum services that include, but are not
  114  limited to, information and referral services, licensed
  115  counseling and case management services, substance abuse
  116  screening and, when necessary, access or referral to treatment,
  117  temporary emergency shelter for more than 24 hours, a 24-hour
  118  hotline, nonresidential outreach services, training for law
  119  enforcement personnel, assessment and appropriate referral of
  120  resident children, and educational services for community
  121  awareness relative to the incidence of human trafficking, the
  122  prevention of such crimes, and the services available for
  123  persons subject to human trafficking. If a 24-hour hotline,
  124  professional training, or community education is already
  125  provided by an adult safe house within its designated service
  126  area, the department may exempt such certification requirements
  127  for a new center serving the same service area to avoid
  128  duplication of services.
  129         (d) Participate in the provision of orientation and
  130  training programs developed for law enforcement officers, social
  131  workers, and other professionals and paraprofessionals who work
  132  with human trafficking victims to better enable such persons to
  133  deal effectively with incidents of human trafficking.
  134         (e) Provide a safe, therapeutic environment tailored to the
  135  needs of commercially sexually exploited or trafficked adults
  136  who have endured significant trauma. Adult safe houses shall use
  137  a model of treatment that includes strength-based and trauma
  138  informed approaches.
  139         (f) File with the department a list of the names of the
  140  human trafficking advocates who are employed or who volunteer at
  141  the adult safe house who may claim a privilege under s. 90.5037
  142  to refuse to disclose a confidential communication between a
  143  victim of human trafficking and the advocate regarding the human
  144  trafficking inflicted upon the victim. The list must include the
  145  title of the position held by the advocate whose name is listed
  146  and a description of the duties of that position. An adult safe
  147  house shall file amendments to this list as necessary.
  148         (g) Comply with rules adopted under this section.
  149         (3) The department may adopt rules to implement this
  150  section. The rules adopted must include health and safety
  151  provisions, including but not limited to protection from
  152  recruitment, to ensure that the minor children and other
  153  dependents of a victim that shelter in the adult safe house
  154  under paragraph (2)(a) do not become at risk of becoming, or
  155  become victims of commercial sexual exploitation.
  156         (4) The department shall inspect adult safe houses before
  157  certification and annually thereafter to ensure compliance with
  158  the requirements of this section.
  159         (5) The department shall ensure the staff of each adult
  160  safe house completes intensive training that, at a minimum,
  161  includes the needs of victims of commercial sexual exploitation,
  162  the effects of trauma and sexual exploitation, and how to
  163  address victims’ needs using strength-based and trauma-informed
  164  approaches. The department shall specify by rule the contents of
  165  this training and may develop or contract for a standard
  166  curriculum.
  167         (6) If the department finds that there is failure by an
  168  adult safe house to comply with the requirements established, or
  169  rules adopted, under this section, the department may deny,
  170  suspend, or revoke the certification of the adult safe house.
  171         Section 4. Paragraphs (c) and (d) of subsection (2) of
  172  section 409.1678, Florida Statutes, is amended to read:
  173         409.1678 Specialized residential options for children who
  174  are victims of commercial sexual exploitation.—
  175         (2) CERTIFICATION OF SAFE HOUSES AND SAFE FOSTER HOMES.—
  176         (c) To be certified, a safe house must hold a license as a
  177  residential child-caring agency, as defined in s. 409.175, and a
  178  safe foster home must hold a license as a family foster home, as
  179  defined in s. 409.175. A safe house or safe foster home must
  180  also:
  181         1. Use strength-based and trauma-informed approaches to
  182  care, to the extent possible and appropriate.
  183         2. Serve exclusively one sex.
  184         3. Group child victims of commercial sexual exploitation by
  185  age or maturity level.
  186         4. Care for child victims of commercial sexual exploitation
  187  in a manner that separates those children from children with
  188  other needs. Safe houses and safe foster homes may care for
  189  other populations if the children who have not experienced
  190  commercial sexual exploitation do not interact with children who
  191  have experienced commercial sexual exploitation.
  192         5. Have awake staff members on duty 24 hours a day, if a
  193  safe house.
  194         6.a. Provide appropriate security through facility design,
  195  hardware, technology, staffing, and siting, including, but not
  196  limited to, external video monitoring or door exit alarms, a
  197  high staff-to-client ratio, or being situated in a remote
  198  location that is isolated from major transportation centers and
  199  common trafficking areas.
  200         b. If a safe house, appropriate security must provide for,
  201  at a minimum, the detection of possible trafficking activity
  202  around a facility, coordination with law enforcement, and be
  203  part of the emergency response to search for absent or missing
  204  children. For a safe house to be in compliance with providing
  205  appropriate security under this subparagraph, the safe house
  206  must either:
  207         (I) Employ or contract with at least one individual that
  208  has law enforcement, investigative, or other similar training,
  209  as established by rule by the department; or
  210         (II) Execute a contract or memorandum of understanding with
  211  a law enforcement agency to perform these functions.
  212         7. If a safe house, conspicuously place signs on the
  213  premises to warn children of the dangers of human trafficking
  214  and to encourage the reporting of individuals observed
  215  attempting to engage in human trafficking activity. The signs
  216  must advise children to report concerns to the local law
  217  enforcement agency or the Department of Law Enforcement,
  218  specifying the appropriate telephone numbers used for such
  219  reports. The department shall specify, at a minimum, the content
  220  of the signs by rule.
  221         8. Meet other criteria established by department rule,
  222  which may include, but are not limited to, personnel
  223  qualifications, staffing ratios, and types of services offered.
  224         (d) Safe houses and safe foster homes shall provide
  225  services tailored to the needs of child victims of commercial
  226  sexual exploitation and shall conduct a comprehensive assessment
  227  of the service needs of each resident. In addition to the
  228  services required to be provided by residential child caring
  229  agencies and family foster homes, safe houses and safe foster
  230  homes must provide, arrange for, or coordinate, at a minimum,
  231  the following services:
  232         1. Victim-witness counseling.
  233         2. Family counseling.
  234         3. Behavioral health care.
  235         4. Treatment and intervention for sexual assault.
  236         5. Education tailored to the child’s individual needs,
  237  including remedial education if necessary.
  238         6. Life skills and workforce training.
  239         7. Mentoring by a survivor of commercial sexual
  240  exploitation, if available and appropriate for the child.
  241         8. Substance abuse screening and, when necessary, access to
  242  treatment.
  243         9. Planning services for the successful transition of each
  244  child back to the community.
  245         10. Activities structured in a manner that provides child
  246  victims of commercial sexual exploitation with a full schedule.
  247         11. Deliver age-appropriate programming to educate children
  248  regarding the signs and dangers of commercial sexual
  249  exploitation and how to report commercial sexual exploitation.
  250  The department shall develop or approve such programming.
  251         Section 5. Paragraph (b) of subsection (5) of section
  252  409.175, Florida Statutes, is amended to read:
  253         409.175 Licensure of family foster homes, residential
  254  child-caring agencies, and child-placing agencies; public
  255  records exemption.—
  256         (5) The department shall adopt and amend rules for the
  257  levels of licensed care associated with the licensure of family
  258  foster homes, residential child-caring agencies, and child
  259  placing agencies. The rules may include criteria to approve
  260  waivers to licensing requirements when applying for a child
  261  specific license.
  262         (b) The requirements for licensure and operation of family
  263  foster homes, residential child-caring agencies, and child
  264  placing agencies shall include:
  265         1. The operation, conduct, and maintenance of these homes
  266  and agencies and the responsibility which they assume for
  267  children served and the evidence of need for that service.
  268         2. The provision of food, clothing, educational
  269  opportunities, services, equipment, and individual supplies to
  270  assure the healthy physical, emotional, and mental development
  271  of the children served.
  272         3. The appropriateness, safety, cleanliness, and general
  273  adequacy of the premises, including fire prevention and health
  274  standards, to provide for the physical comfort, care, and well
  275  being of the children served.
  276         4. The ratio of staff to children required to provide
  277  adequate care and supervision of the children served and, in the
  278  case of family foster homes, the maximum number of children in
  279  the home.
  280         5. The good moral character based upon screening,
  281  education, training, and experience requirements for personnel
  282  and family foster homes.
  283         6. The department may grant exemptions from
  284  disqualification from working with children or the
  285  developmentally disabled as provided in s. 435.07.
  286         7. The provision of preservice and inservice training for
  287  all foster parents and agency staff.
  288         8. Satisfactory evidence of financial ability to provide
  289  care for the children in compliance with licensing requirements.
  290         9. The maintenance by the agency of records pertaining to
  291  admission, progress, health, and discharge of children served,
  292  including written case plans and reports to the department.
  293         10. The provision for parental involvement to encourage
  294  preservation and strengthening of a child’s relationship with
  295  the family.
  296         11. The transportation safety of children served.
  297         12. The provisions for safeguarding the cultural,
  298  religious, and ethnic values of a child.
  299         13. Provisions to safeguard the legal rights of children
  300  served.
  301         14. Requiring signs to be conspicuously placed on the
  302  premises of facilities maintained by child-caring agencies to
  303  warn children of the dangers of human trafficking and to
  304  encourage the reporting of individuals observed attempting to
  305  engage in human trafficking activity. The signs must advise
  306  children to report concerns to the local law enforcement agency
  307  or the Department of Law Enforcement, specifying the appropriate
  308  telephone numbers used for such reports. The department shall
  309  specify, at a minimum, the content of the signs by rule.
  310         Section 6. This act shall take effect July 1, 2023.