Bill Text: FL S1700 | 2010 | Regular Session | Introduced
Bill Title: Sexual Exploitation [SPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Children, Families, and Elder Affairs [S1700 Detail]
Download: Florida-2010-S1700-Introduced.html
Florida Senate - 2010 SB 1700 By Senator Ring 32-01593-10 20101700__ 1 A bill to be entitled 2 An act relating to sexual exploitation; providing a 3 short title; amending s. 39.001, F.S.; providing 4 legislative intent and goals; conforming cross 5 references; amending s. 39.01, F.S.; revising the 6 definitions of the terms “abuse,” “child who is found 7 to be dependent,” and “sexual abuse of a child”; 8 amending s. 39.401, F.S.; requiring delivery of 9 children alleged to be dependant and sexually 10 exploited to short-term safe houses; amending s. 11 39.402, F.S.; providing for a presumption that 12 placement of a child alleged to have been sexually 13 exploited in a short-term safe house is necessary; 14 providing requirements for findings in a shelter 15 hearing relating to placement of an allegedly sexually 16 exploited child in a short-term safe house; amending 17 s. 39.521, F.S.; providing for a presumption that 18 placement of children alleged to have been sexually 19 exploited in a safe house is necessary; creating s. 20 39.524, F.S.; requiring assessment of certain children 21 for placement in a safe house; providing for use of 22 such assessments; providing requirements for safe 23 houses receiving such children; providing for 24 placement of other children in safe houses when 25 appropriate; requiring an annual report concerning 26 safe-house placements; providing requirements relating 27 to appropriations for safe houses; amending s. 322.28, 28 F.S.; conforming a cross-reference; creating s. 29 409.1678, F.S.; providing legislative intent relating 30 to safe houses; providing definitions; requiring 31 districts of the Department of Children and Family 32 Services to address child welfare service needs of 33 sexually exploited children as a component of their 34 master plans; providing for operation of safe houses; 35 providing duties, responsibilities, and requirements 36 for safe houses and their operators; providing for 37 training for law enforcement officials who are likely 38 to encounter sexually exploited children; amending s. 39 796.07, F.S.; revising prohibitions on prostitution 40 and related acts; conforming a cross-reference; 41 amending ss. 985.145 and 985.15, F.S.; providing a 42 presumption against filing a delinquency petition for 43 certain prostitution-related offenses in certain 44 circumstances; providing an effective date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1. This act may be cited as the “Florida Safe 49 Harbor Act.” 50 Section 2. Subsections (4) through (12) of section 39.001, 51 Florida Statutes, are renumbered as subsections (5) through 52 (13), respectively, paragraph (c) of present subsection (7) and 53 paragraph (b) of present subsection (9) are amended, and a new 54 subsection (4) is added to that section, to read: 55 39.001 Purposes and intent; personnel standards and 56 screening.— 57 (4) SEXUAL EXPLOITATION SERVICES.— 58 (a) The Legislature recognizes that child sexual 59 exploitation is a serious problem nationwide and in this state. 60 The children at greatest risk of being sexually exploited are 61 runaways and throwaways. Many of these children have a history 62 of abuse and neglect. The vulnerability of these children starts 63 with isolation from family and friends. Traffickers maintain 64 control of child victims through psychological manipulation, 65 force, drug addiction, or the exploitation of economic, 66 physical, or emotional vulnerability. Children exploited through 67 the sex trade often find it difficult to trust adults because of 68 their abusive experiences. These children make up a population 69 that is hard to serve and harder to rehabilitate. Although 70 minors are by law unable to consent to sexual activity, they are 71 most often treated as perpetrators of crime rather than victims. 72 Moreover, the historical treatment of such children as 73 delinquents has too often resulted in the failure to 74 successfully prosecute the trafficker, who is the true wrongdoer 75 and threat to society. 76 (b) The Legislature establishes the following goals for the 77 state related to the status and treatment of sexually exploited 78 children in the dependency process: 79 1. To ensure the safety of children. 80 2. To provide for the treatment of such children as 81 dependent children rather than as delinquents. 82 3. To sever the bond between exploited children and 83 traffickers and to reunite these children with their families or 84 provide them with appropriate guardians. 85 4. To enable such children to be willing and reliable 86 witnesses in the prosecution of traffickers. 87 (c) The Legislature finds that sexually exploited children 88 need special care and services in the dependency process, which 89 include counseling, health care, substance abuse treatment, 90 educational opportunities, and a safe environment secure from 91 traffickers. 92 (d) The Legislature further finds that sexually exploited 93 children need the special care and services described in 94 paragraph (c) independent of their citizenship, residency, 95 alien, or immigrant status. It is the intent of the Legislature 96 that this state provide such care and services to all sexually 97 exploited children in this state who are not otherwise receiving 98 comparable services, such as those under the federal Trafficking 99 Victims Protection Act, 22 U.S.C. ss. 7101 et seq. 100 (8)(7)OFFICE OF ADOPTION AND CHILD PROTECTION.— 101 (c) The office is authorized and directed to: 102 1. Oversee the preparation and implementation of the state 103 plan established under subsection (9)(8)and revise and update 104 the state plan as necessary. 105 2. Provide for or make available continuing professional 106 education and training in the prevention of child abuse and 107 neglect. 108 3. Work to secure funding in the form of appropriations, 109 gifts, and grants from the state, the Federal Government, and 110 other public and private sources in order to ensure that 111 sufficient funds are available for the promotion of adoption, 112 support of adoptive families, and child abuse prevention 113 efforts. 114 4. Make recommendations pertaining to agreements or 115 contracts for the establishment and development of: 116 a. Programs and services for the promotion of adoption, 117 support of adoptive families, and prevention of child abuse and 118 neglect. 119 b. Training programs for the prevention of child abuse and 120 neglect. 121 c. Multidisciplinary and discipline-specific training 122 programs for professionals with responsibilities affecting 123 children, young adults, and families. 124 d. Efforts to promote adoption. 125 e. Postadoptive services to support adoptive families. 126 5. Monitor, evaluate, and review the development and 127 quality of local and statewide services and programs for the 128 promotion of adoption, support of adoptive families, and 129 prevention of child abuse and neglect and shall publish and 130 distribute an annual report of its findings on or before January 131 1 of each year to the Governor, the Speaker of the House of 132 Representatives, the President of the Senate, the head of each 133 state agency affected by the report, and the appropriate 134 substantive committees of the Legislature. The report shall 135 include: 136 a. A summary of the activities of the office. 137 b. A summary of the adoption data collected and reported to 138 the federal Adoption and Foster Care Analysis and Reporting 139 System (AFCARS) and the federal Administration for Children and 140 Families. 141 c. A summary of the child abuse prevention data collected 142 and reported to the National Child Abuse and Neglect Data System 143 (NCANDS) and the federal Administration for Children and 144 Families. 145 d. A summary detailing the timeliness of the adoption 146 process for children adopted from within the child welfare 147 system. 148 e. Recommendations, by state agency, for the further 149 development and improvement of services and programs for the 150 promotion of adoption, support of adoptive families, and 151 prevention of child abuse and neglect. 152 f. Budget requests, adoption promotion and support needs, 153 and child abuse prevention program needs by state agency. 154 6. Work with the direct-support organization established 155 under s. 39.0011 to receive financial assistance. 156 (10)(9)FUNDING AND SUBSEQUENT PLANS.— 157 (b) The office and the other agencies and organizations 158 listed in paragraph (9)(8)(a) shall readdress the state plan and 159 make necessary revisions every 5 years, at a minimum. Such 160 revisions shall be submitted to the Speaker of the House of 161 Representatives and the President of the Senate no later than 162 June 30 of each year divisible by 5. At least biennially, the 163 office shall review the state plan and make any necessary 164 revisions based on changing needs and program evaluation 165 results. An annual progress report shall be submitted to update 166 the state plan in the years between the 5-year intervals. In 167 order to avoid duplication of effort, these required plans may 168 be made a part of or merged with other plans required by either 169 the state or Federal Government, so long as the portions of the 170 other state or Federal Government plan that constitute the state 171 plan for the promotion of adoption, support of adoptive 172 families, and prevention of child abuse, abandonment, and 173 neglect are clearly identified as such and are provided to the 174 Speaker of the House of Representatives and the President of the 175 Senate as required above. 176 Section 3. Subsections (2) and (15) and paragraph (g) of 177 subsection (67) of section 39.01, Florida Statutes, are amended 178 to read: 179 39.01 Definitions.—When used in this chapter, unless the 180 context otherwise requires: 181 (2) “Abuse” means any willful act or threatened act that 182 results in any physical, mental, or sexual abuse or injury or 183 harm that causes or is likely to cause the child’s physical, 184 mental, or emotional health to be significantly impaired. Abuse 185 of a child includes acts or omissions. Corporal discipline of a 186 child by a parent or legal custodian for disciplinary purposes 187 does not in itself constitute abuse when it does not result in 188 harm to the child. 189 (15) “Child who is found to be dependent” means a child 190 who, pursuant to this chapter, is found by the court: 191 (a) To have been abandoned, abused, or neglected by the 192 child’s parent or parents or legal custodians; 193 (b) To have been surrendered to the department, the former 194 Department of Health and Rehabilitative Services, or a licensed 195 child-placing agency for purpose of adoption; 196 (c) To have been voluntarily placed with a licensed child 197 caring agency, a licensed child-placing agency, an adult 198 relative, the department, or the former Department of Health and 199 Rehabilitative Services, after which placement, under the 200 requirements of this chapter, a case plan has expired and the 201 parent or parents or legal custodians have failed to 202 substantially comply with the requirements of the plan; 203 (d) To have been voluntarily placed with a licensed child 204 placing agency for the purposes of subsequent adoption, and a 205 parent or parents have signed a consent pursuant to the Florida 206 Rules of Juvenile Procedure; 207 (e) To have no parent or legal custodians capable of 208 providing supervision and care;or209 (f) To be at substantial risk of imminent abuse, 210 abandonment, or neglect by the parent or parents or legal 211 custodians; or 212 (g) To have been sexually exploited and to have no parent, 213 legal custodian, or responsible adult relative currently known 214 and capable of providing the necessary and appropriate 215 supervision and care. 216 (67) “Sexual abuse of a child” means one or more of the 217 following acts: 218 (g) The sexual exploitation of a child, which includes the 219 act of a child offering to engage in or engaging in 220 prostitution; or allowing, encouraging, or forcing a child to: 221 1. Solicit for or engage in prostitution;or222 2. Engage in a sexual performance, as defined by chapter 223 827; or 224 3. Participate in the trade of sex trafficking as provided 225 in s. 796.035. 226 Section 4. Paragraph (b) of subsection (2) and paragraph 227 (b) of subsection (3) of section 39.401, Florida Statutes, are 228 amended to read: 229 39.401 Taking a child alleged to be dependent into custody; 230 law enforcement officers and authorized agents of the 231 department.— 232 (2) If the law enforcement officer takes the child into 233 custody, that officer shall: 234 (b) Deliver the child to an authorized agent of the 235 department, stating the facts by reason of which the child was 236 taken into custody and sufficient information to establish 237 probable cause that the child is abandoned, abused, or 238 neglected, or otherwise dependent. In the case of a child who is 239 sexually exploited, the law enforcement officer shall deliver 240 the child to the appropriate short-term safe house as provided 241 for in s. 409.1678 if a short-term safe house is available. 242 243 For cases involving allegations of abandonment, abuse, or 244 neglect, or other dependency cases, within 3 days after such 245 release or within 3 days after delivering the child to an 246 authorized agent of the department, the law enforcement officer 247 who took the child into custody shall make a full written report 248 to the department. 249 (3) If the child is taken into custody by, or is delivered 250 to, an authorized agent of the department, the agent shall 251 review the facts supporting the removal with an attorney 252 representing the department. The purpose of the review is to 253 determine whether there is probable cause for the filing of a 254 shelter petition. 255 (b) If the facts are sufficient and the child has not been 256 returned to the custody of the parent or legal custodian, the 257 department shall file the petition and schedule a hearing, and 258 the attorney representing the department shall request that a 259 shelter hearing be held within 24 hours after the removal of the 260 child. While awaiting the shelter hearing, the authorized agent 261 of the department may place the child in licensed shelter care, 262 or in a short-term safe house if the child is a sexually 263 exploited child, or may release the child to a parent or legal 264 custodian or responsible adult relative or the adoptive parent 265 of the child’s sibling who shall be given priority consideration 266 over a licensed placement, or a responsible adult approved by 267 the department if this is in the best interests of the child. 268 Placement of a child which is not in a licensed shelter must be 269 preceded by a criminal history records check as required under 270 s. 39.0138. In addition, the department may authorize placement 271 of a housekeeper/homemaker in the home of a child alleged to be 272 dependent until the parent or legal custodian assumes care of 273 the child. 274 Section 5. Subsection (2) and paragraphs (a), (d), and (h) 275 of subsection (8) of section 39.402, Florida Statutes, are 276 amended to read: 277 39.402 Placement in a shelter.— 278 (2) A child taken into custody may be placed or continued 279 in a shelter only if one or more of the criteria in subsection 280 (1) applies and the court has made a specific finding of fact 281 regarding the necessity for removal of the child from the home 282 and has made a determination that the provision of appropriate 283 and available services will not eliminate the need for 284 placement. In the case of a child who is alleged to have been 285 sexually exploited, there is a rebuttable presumption that 286 placement in a short-term safe house is necessary. 287 (8)(a) A child may not be held in a shelter longer than 24 288 hours unless an order so directing is entered by the court after 289 a shelter hearing. In the interval until the shelter hearing is 290 held, the decision to place the child in a shelter or release 291 the child from a shelter lies with the protective investigator. 292 In the case of a child who is alleged to have been sexually 293 exploited, there is a rebuttable presumption that placement in a 294 short-term safe house is necessary. 295 (d) At the shelter hearing, in order to continue the child 296 in shelter care: 297 1. The department must establish probable cause that 298 reasonable grounds for removal exist and that the provision of 299 appropriate and available services will not eliminate the need 300 for placement;or301 2. The department must establish probable cause for the 302 belief that the child has been sexually exploited and, 303 therefore, that placement in a short-term safe house is the most 304 appropriate environment for the child; or 305 3.2.The court must determine that additional time is 306 necessary, which may not exceed 72 hours, in which to obtain and 307 review documents pertaining to the family in order to 308 appropriately determine the risk to the child during which time 309 the child shall remain in the department’s custody, if so 310 ordered by the court. 311 (h) The order for placement of a child in shelter care must 312 identify the parties present at the hearing and must contain 313 written findings: 314 1. That placement in shelter care is necessary based on the 315 criteria in subsections (1) and (2). 316 2. That placement in shelter care is in the best interest 317 of the child. 318 3. That continuation of the child in the home is contrary 319 to the welfare of the child because the home situation presents 320 a substantial and immediate danger to the child’s physical, 321 mental, or emotional health or safety which cannot be mitigated 322 by the provision of preventive services. 323 4. That based upon the allegations of the petition for 324 placement in shelter care, there is probable cause to believe 325 that the child is dependent or that the court needs additional 326 time, which may not exceed 72 hours, in which to obtain and 327 review documents pertaining to the family in order to 328 appropriately determine the risk to the child. 329 5. That the department has made reasonable efforts to 330 prevent or eliminate the need for removal of the child from the 331 home. A finding of reasonable effort by the department to 332 prevent or eliminate the need for removal may be made and the 333 department is deemed to have made reasonable efforts to prevent 334 or eliminate the need for removal if: 335 a. The first contact of the department with the family 336 occurs during an emergency; 337 b. The appraisal of the home situation by the department 338 indicates that the home situation presents a substantial and 339 immediate danger to the child’s physical, mental, or emotional 340 health or safety which cannot be mitigated by the provision of 341 preventive services; 342 c. The child cannot safely remain at home, either because 343 there are no preventive services that can ensure the health and 344 safety of the child or because, even with appropriate and 345 available services being provided, the health and safety of the 346 child cannot be ensured;or347 d. The child has been sexually exploited; or 348 e.d.The parent or legal custodian is alleged to have 349 committed any of the acts listed as grounds for expedited 350 termination of parental rights in s. 39.806(1)(f)-(i). 351 6. That the court notified the parents, relatives that are 352 providing out-of-home care for the child, or legal custodians of 353 the time, date, and location of the next dependency hearing and 354 of the importance of the active participation of the parents, 355 relatives that are providing out-of-home care for the child, or 356 legal custodians in all proceedings and hearings. 357 7. That the court notified the parents or legal custodians 358 of their right to counsel to represent them at the shelter 359 hearing and at each subsequent hearing or proceeding, and the 360 right of the parents to appointed counsel, pursuant to the 361 procedures set forth in s. 39.013. 362 8. That the court notified relatives who are providing out 363 of-home care for a child as a result of the shelter petition 364 being granted that they have the right to attend all subsequent 365 hearings, to submit reports to the court, and to speak to the 366 court regarding the child, if they so desire. 367 Section 6. Paragraph (f) of subsection (1) and paragraph 368 (d) of subsection (3) of section 39.521, Florida Statutes, are 369 amended to read: 370 39.521 Disposition hearings; powers of disposition.— 371 (1) A disposition hearing shall be conducted by the court, 372 if the court finds that the facts alleged in the petition for 373 dependency were proven in the adjudicatory hearing, or if the 374 parents or legal custodians have consented to the finding of 375 dependency or admitted the allegations in the petition, have 376 failed to appear for the arraignment hearing after proper 377 notice, or have not been located despite a diligent search 378 having been conducted. 379 (f) If the court places the child in an out-of-home 380 placement, the disposition order must include a written 381 determination that the child cannot safely remain at home with 382 reunification or family preservation services and that removal 383 of the child is necessary to protect the child. If the child is 384 removed before the disposition hearing, the order must also 385 include a written determination as to whether, after removal, 386 the department made a reasonable effort to reunify the parent 387 and child. Reasonable efforts to reunify are not required if the 388 court finds that any of the acts listed in s. 39.806(1)(f)-(l) 389 have occurred. The department has the burden of demonstrating 390 that it made reasonable efforts. 391 1. For the purposes of this paragraph, the term “reasonable 392 effort” means the exercise of reasonable diligence and care by 393 the department to provide the services ordered by the court or 394 delineated in the case plan. 395 2. In support of its determination as to whether reasonable 396 efforts have been made, the court shall: 397 a. Enter written findings as to whether prevention or 398 reunification efforts were indicated. 399 b. If prevention or reunification efforts were indicated, 400 include a brief written description of what appropriate and 401 available prevention and reunification efforts were made. 402 c. Indicate in writing why further efforts could or could 403 not have prevented or shortened the separation of the parent and 404 child. 405 3. A court may find that the department made a reasonable 406 effort to prevent or eliminate the need for removal if: 407 a. The first contact of the department with the family 408 occurs during an emergency; 409 b. The appraisal by the department of the home situation 410 indicates a substantial and immediate danger to the child’s 411 safety or physical, mental, or emotional health which cannot be 412 mitigated by the provision of preventive services; 413 c. The child cannot safely remain at home, because there 414 are no preventive services that can ensure the health and safety 415 of the child or, even with appropriate and available services 416 being provided, the health and safety of the child cannot be 417 ensured. There is a rebuttable presumption that a sexually 418 exploited child as defined in s. 39.01(67)(g) meets the terms of 419 this subparagraph; or 420 d. The parent is alleged to have committed any of the acts 421 listed as grounds for expedited termination of parental rights 422 under s. 39.806(1)(f)-(l). 423 4. A reasonable effort by the department for reunification 424 has been made if the appraisal of the home situation by the 425 department indicates that the severity of the conditions of 426 dependency is such that reunification efforts are inappropriate. 427 The department has the burden of demonstrating to the court that 428 reunification efforts were inappropriate. 429 5. If the court finds that the prevention or reunification 430 effort of the department would not have permitted the child to 431 remain safely at home, the court may commit the child to the 432 temporary legal custody of the department or take any other 433 action authorized by this chapter. 434 (3) When any child is adjudicated by a court to be 435 dependent, the court shall determine the appropriate placement 436 for the child as follows: 437 (d) If the child cannot be safely placed in a nonlicensed 438 placement, the court shall commit the child to the temporary 439 legal custody of the department. Such commitment invests in the 440 department all rights and responsibilities of a legal custodian. 441 The department shall not return any child to the physical care 442 and custody of the person from whom the child was removed, 443 except for court-approved visitation periods, without the 444 approval of the court. Any order for visitation or other contact 445 must conform to the provisions of s. 39.0139. There is a 446 rebuttable presumption that any child who has been found to be a 447 victim of sexual exploitation as defined in s. 39.01(67)(g) be 448 committed to a safe house as provided for in s. 409.1678. The 449 term of such commitment continues until terminated by the court 450 or until the child reaches the age of 18. After the child is 451 committed to the temporary legal custody of the department, all 452 further proceedings under this section are governed by this 453 chapter. 454 455 Protective supervision continues until the court terminates it 456 or until the child reaches the age of 18, whichever date is 457 first. Protective supervision shall be terminated by the court 458 whenever the court determines that permanency has been achieved 459 for the child, whether with a parent, another relative, or a 460 legal custodian, and that protective supervision is no longer 461 needed. The termination of supervision may be with or without 462 retaining jurisdiction, at the court’s discretion, and shall in 463 either case be considered a permanency option for the child. The 464 order terminating supervision by the department shall set forth 465 the powers of the custodian of the child and shall include the 466 powers ordinarily granted to a guardian of the person of a minor 467 unless otherwise specified. Upon the court’s termination of 468 supervision by the department, no further judicial reviews are 469 required, so long as permanency has been established for the 470 child. 471 Section 7. Section 39.524, Florida Statutes, is created to 472 read: 473 39.524 Safe-harbor placement.— 474 (1) Except as provided in s. 39.407, any dependent child 6 475 years of age or older who has been found to be a victim of 476 sexual exploitation as defined in s. 39.01(67)(g) must be 477 assessed for placement in a safe house as provided in s. 478 409.1678. The assessment shall be conducted by the department or 479 its agent and shall incorporate and address current and 480 historical information from any law enforcement reports; 481 psychological testing or evaluation that has occurred; current 482 and historical information from the guardian ad litem, if one 483 has been assigned; current and historical information from any 484 current therapist, teacher, or other professional who has 485 knowledge of the child and has worked with the child; and any 486 other information concerning the availability and suitability of 487 safe-house placement. If such placement is determined to be 488 appropriate as a result of this procedure, the child must be 489 placed in a safe house, if available. 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) This section does not prohibit the department from 506 assessing and placing children who do not meet the criteria in 507 subsection (1) in a safe house if such placement is the most 508 appropriate placement for such children. 509 (5)(a)1. By December 1 of each year, the department shall 510 report to the Legislature on the placement of children in safe 511 houses during the year, including the criteria used to determine 512 the placement of children, the number of children who were 513 evaluated for placement, the number of children who were placed 514 based upon the evaluation, and the number of children who were 515 not placed. 516 2. The department shall maintain data specifying the number 517 of children who were referred to a safe house for whom placement 518 was unavailable and the counties in which such placement was 519 unavailable. The department shall include this data in its 520 report under this paragraph, so that the Legislature may 521 consider this information in developing the General 522 Appropriations Act. 523 (b) As part of the report required in paragraph (a), the 524 department shall also provide a detailed account of the 525 expenditures incurred for “Special Categories: Grants and Aids 526 Safe Houses” for the fiscal year immediately preceding the date 527 of the report. This section of the report must include whatever 528 supporting data is necessary to demonstrate full compliance with 529 paragraph (6)(c). The document must present the information by 530 district and must specify, at a minimum, the number of 531 additional beds, the average rate per bed, the number of 532 additional persons served, and a description of the enhanced and 533 expanded services provided. 534 (6)(a) The provisions of this section shall be implemented 535 to the extent of available appropriations contained in the 536 annual General Appropriations Act for such purpose. 537 (b) Each year, funds included in the General Appropriations 538 Act for safe houses and short-term safe houses as provided in s. 539 409.1678 shall be appropriated in a separately identified 540 special category that is designated in the act as “Special 541 Categories: Grants and Aids—Safe Houses.” 542 (c) Each fiscal year, all funding increases for safe houses 543 and short-term safe houses as provided in s. 409.1678 which are 544 included in the General Appropriations Act shall be appropriated 545 in a lump-sum appropriation as defined in s. 216.011. In 546 accordance with s. 216.181(6)(a), the Executive Office of the 547 Governor shall require the department to submit a spending plan 548 that identifies the safe-house capacity shortage throughout the 549 state and proposes a distribution formula by district which 550 addresses the reported deficiencies. The spending plan must have 551 as its first priority the reduction or elimination of any bed 552 shortage identified and must also provide for program 553 enhancements to ensure that safe houses and short-term safe 554 houses meet a minimum level of expected performance and provide 555 for expansion of services for sexually exploited children 556 described in s. 409.1678. Annual appropriation increases 557 appropriated in the lump-sum appropriation must be used in 558 accordance with the provisions of the spending plan. 559 (d) Funds from “Special Categories: Grants and Aids—Safe 560 Houses” may be used as one-time startup funding for safe-house 561 and short-term safe-house purposes that include, but are not 562 limited to, remodeling or renovation of existing facilities, 563 construction costs, leasing costs, purchase of equipment and 564 furniture, site development, and other necessary and reasonable 565 costs associated with the startup of facilities or programs upon 566 the recommendation of the lead community-based provider if one 567 exists and upon specific approval of the terms and conditions by 568 the secretary of the department. 569 Section 8. Subsection (7) of section 322.28, Florida 570 Statutes, is amended to read: 571 322.28 Period of suspension or revocation.— 572 (7) Following a second or subsequent violation of s. 573 796.07(2)(e)(f)which involves a motor vehicle and which results 574 in any judicial disposition other than acquittal or dismissal, 575 in addition to any other sentence imposed, the court shall 576 revoke the person’s driver’s license or driving privilege, 577 effective upon the date of the disposition, for a period of not 578 less than 1 year. A person sentenced under this subsection may 579 request a hearing under s. 322.271. 580 Section 9. Section 409.1678, Florida Statutes, is created 581 to read: 582 409.1678 Safe harbor for children who are victims of sexual 583 exploitation.— 584 (1) It is the intent of the Legislature to provide safe 585 houses and short-term safe houses for sexually exploited 586 children to give them a secure residential environment; to allow 587 them to be reintegrated into society as stable and productive 588 members; and, if appropriate, to enable them to testify as 589 witnesses in criminal proceedings related to their exploitation. 590 Such children require a full range of services in addition to 591 security, which include medical care, counseling, education, and 592 mentoring. These services are to be provided in a secure 593 residential setting by a not-for-profit corporation or a local 594 government entity under a contract with the department or by a 595 lead agency as described in s. 409.1671. These contracts should 596 be designed to provide an identified number of children with 597 access to a full array of services for a fixed price. Further, 598 it is the intent of the Legislature that the department and the 599 Department of Juvenile Justice establish an interagency 600 agreement by December 1, 2010, which describes respective agency 601 responsibilities for referral, placement, service provision, and 602 service coordination for dependent and delinquent youth who are 603 referred to these residential group care facilities. The 604 agreement must require interagency collaboration in the 605 development of terms, conditions, and performance outcomes for 606 safe-house contracts serving these children who have been 607 adjudicated dependent or delinquent. 608 (2) As used in this section, the term: 609 (a) “Child advocate” means an employee of a short-term safe 610 house who has been trained to work with and advocate for the 611 needs of sexually exploited children. The advocate shall 612 accompany the child to all court appearances, meetings with law 613 enforcement and the state attorney’s office, and shall serve as 614 a liaison between the short-term safe house and the court. 615 (b) “Safe house” means a living environment that has set 616 aside gender-specific, separate, and distinct living quarters 617 for sexually exploited children who have been adjudicated 618 dependent or delinquent and need to reside in a secure 619 residential facility with 24-hour-awake staff. A safe house 620 shall be operated by a licensed family foster home or 621 residential child-caring agency as defined in s. 409.175, 622 including a runaway youth center as defined in s. 409.441. Each 623 facility must be appropriately licensed in this state as a 624 residential child-caring agency as defined in s. 409.175 and 625 must be accredited by July 1, 2011. A safe house serving 626 children who have been sexually exploited must have available 627 staff or contract personnel with the clinical expertise, 628 credentials, and training to provide services identified in 629 paragraph (3)(e). 630 (c) “Sexually exploited child” means a dependent child who 631 has suffered sexual abuse as defined in s. 39.01(67)(g) and is 632 ineligible for relief and benefits under the federal Trafficking 633 Victims Protection Act, 22 U.S.C. ss. 7101 et seq. 634 (d) “Short-term safe house” means a shelter operated by a 635 licensed family foster home or residential child-caring agency 636 as defined in s. 409.175, including a runaway youth center as 637 defined in s. 409.441, that has set aside gender-specific, 638 separate, and distinct living quarters for sexually exploited 639 children. In addition to shelter, the house shall provide 640 services and care to sexually exploited children, including 641 food, clothing, medical care, counseling, and appropriate crisis 642 intervention services at the time they are taken into custody by 643 law enforcement or the department. 644 (3)(a) Notwithstanding any other provision of law, pursuant 645 to regulations of the department, every district of the 646 department shall address the child welfare service needs of 647 sexually exploited children as a component of the district’s 648 master plan and, to the extent that funds are available, ensure 649 that preventive services, including a short-term safe house to 650 serve sexually exploited children, are available to children 651 residing in the district. The department or a lead agency that 652 has been established in accordance with s. 409.1671 shall 653 contract with an appropriate not-for-profit agency with 654 experience working with sexually exploited children to operate 655 such a short-term safe house. Nothing in this section shall 656 prohibit a district from using a homeless youth program or 657 services for victims of human trafficking for such purposes so 658 long as the staff members have received appropriate training 659 approved by the department regarding sexually exploited children 660 and the existing programs and facilities provide a safe, secure, 661 and appropriate environment for sexually exploited children. 662 Crisis intervention services, short-term safe-house care, and 663 community programming may, where appropriate, be provided by the 664 same not-for-profit agency. Districts may work cooperatively to 665 provide such short-term safe-house services and programming, and 666 access to such placement, services, and programming may be 667 provided on a regional basis, provided that every district 668 ensures, to the extent that funds are available, that such 669 placement, services, and programs are readily accessible to 670 sexually exploited children residing within the district. 671 (b) The capacity of the crisis intervention services and 672 community-based programs in subsection (1) shall be based on the 673 number of sexually exploited children in each district who are 674 in need of such services. A determination of such need shall be 675 made annually in every district by the local administrator of 676 the department and be included in the department’s master plan. 677 This determination shall be made in consultation with local law 678 enforcement, runaway and homeless youth program providers, local 679 probation departments, local community-based care and social 680 services, local guardians ad litem, public defenders, state 681 attorney’s offices, and child advocates and services providers 682 who work directly with sexually exploited youth. 683 (c) The department shall contract with an appropriate not 684 for-profit agency with experience working with sexually 685 exploited children to operate at least one safe house in a 686 geographically appropriate area of the state, which shall 687 provide safe and secure long-term housing and specialized 688 services for sexually exploited children throughout the state. 689 The appropriateness of the geographic location shall be 690 determined taking into account the areas of the state with high 691 numbers of sexually exploited children and the need for sexually 692 exploited children to find shelter and long-term placement in a 693 secure and beneficial environment. The department shall 694 determine the need for more than one safe house based on the 695 numbers and geographical location of sexually exploited children 696 within the state. 697 (d) The department, in accordance with a specific 698 appropriation for this program, shall contract with a not-for 699 profit corporation, a local government entity, or a lead agency 700 that has been established in accordance with s. 409.1671 for the 701 performance of short-term safe-house and safe-house services 702 described in this section. A lead agency that is currently 703 providing the equivalent of a safe house may provide this 704 service directly with the approval of the department. The 705 department or a lead agency may contract for more than one 706 short-term safe house in a district and more than one safe house 707 in the state if that is determined to be the most effective way 708 to achieve the goals of this section. 709 (e) The lead agency, the contracted not-for-profit 710 corporation, or the local government entity is responsible for 711 security, crisis intervention services, general counseling and 712 victim-witness counseling, a comprehensive assessment, 713 residential care, transportation, access to behavioral health 714 services, recreational activities, food, clothing, supplies, 715 infant care, and miscellaneous expenses associated with caring 716 for these children; for necessary arrangement for or provision 717 of educational services, including life skills services and 718 planning services to successfully transition residents back to 719 the community; and for ensuring necessary and appropriate health 720 and dental care. 721 (f) The department may transfer all casework 722 responsibilities for children served under this program to the 723 entity that provides the safe-house service, including case 724 management and development and implementation of a case plan in 725 accordance with current standards for child protection services. 726 When the department establishes this program in a community that 727 has a lead agency as described in s. 409.1671, the casework 728 responsibilities must be transferred to the lead agency. 729 (g) This section does not prohibit any provider of these 730 services from appropriately billing Medicaid for services 731 rendered, from contracting with a local school district for 732 educational services, or from obtaining federal or local funding 733 for services provided, as long as two or more funding sources do 734 not pay for the same specific service that has been provided to 735 a child. 736 (h) The lead agency, not-for-profit corporation, or local 737 government entity has the legal authority for children served in 738 a safe-house program, as provided in chapter 39 or this chapter, 739 as appropriate, to enroll the child in school, to sign for a 740 driver’s license for the child, to cosign loans and insurance 741 for the child, to sign for medical treatment of the child, and 742 to authorize other such activities. 743 (i) The department shall provide technical assistance as 744 requested and contract management services. 745 (j) The provisions of this section shall be implemented to 746 the extent of available appropriations contained in the General 747 Appropriations Act for such purpose. 748 (k) The department may adopt rules pursuant to ss. 749 120.536(1) and 120.54 to implement the provisions of this 750 section conferring duties upon it. 751 (l) All of the services created under this section may, to 752 the extent possible provided by law, be available to all 753 sexually exploited children whether they are accessed 754 voluntarily, as a condition of probation, through a diversion 755 program, through a proceeding under chapter 39, or through a 756 referral from a local community based care or social service 757 agency. 758 (4) The local district administrator may, to the extent 759 that funds are available, in conjunction with local law 760 enforcement officials, contract with an appropriate not-for 761 profit agency with experience working with sexually exploited 762 children to train law enforcement officials who are likely to 763 encounter sexually exploited children in the course of their law 764 enforcement duties on the provisions of this section and how to 765 identify and obtain appropriate services for sexually exploited 766 children. Districts may work cooperatively to provide such 767 training, and such training may be provided on a regional basis. 768 The department shall assist districts in obtaining any available 769 funds for the purposes of conducting law enforcement training 770 from the United States Department of Justice, Office of Juvenile 771 Justice and Delinquency Prevention. 772 Section 10. Present subsection (2) and (6) of section 773 796.07, Florida Statutes, are amended, present subsections (3) 774 through (6) are redesignated as subsections (4) through (7), 775 respectively, and a new subsection (3) is added to that section, 776 to read: 777 796.07 Prohibiting prostitution and related acts, etc.;778evidence; penalties; definitions.— 779 (2) It is unlawful to: 780 (a)ToOwn, establish, maintain, or operate any place, 781 structure, building, or conveyance for the purpose of lewdness, 782 assignation, or prostitution. 783 (b)ToOffer, or to offer or agree to secure, another for 784 the purpose of prostitution or for any other lewd or indecent 785 act. 786 (c)ToReceive, or to offer or agree to receive, any person 787 into any place, structure, building, or conveyance for the 788 purpose of prostitution, lewdness, or assignation, or to permit 789 any person to remain there for such purpose. 790 (d)ToDirect, take, or transport, or to offer or agree to 791 direct, take, or transport, any person to any place, structure, 792 or building, or to any other person, with knowledge or 793 reasonable cause to believe that the purpose of such directing, 794 taking, or transporting is prostitution, lewdness, or 795 assignation. 796(e) To offer to commit, or to commit, or to engage in,797prostitution, lewdness, or assignation.798 (e)(f)ToSolicit, induce, entice, or procure another to 799 commit prostitution, lewdness, or assignation. 800 (f) Use or threaten to use a deadly weapon during the 801 commission of one of the offenses enumerated in subsection (3). 802(g) To reside in, enter, or remain in, any place,803structure, or building, or to enter or remain in any conveyance,804for the purpose of prostitution, lewdness, or assignation.805(h) To aid, abet, or participate in any of the acts or806things enumerated in this subsection.807(i) To purchase the services of any person engaged in808prostitution.809 (3) It is unlawful for any person 16 years of age or older 810 to: 811 (a) Purchase the services of any person engaged in 812 prostitution. 813 (b) Offer to commit, or to commit, or to engage in, 814 prostitution, lewdness, or assignation. 815 (c) Reside in, enter, or remain in, any place, structure, 816 or building, or to enter or remain in any conveyance, for the 817 purpose of prostitution, lewdness, or assignation. 818 (d) Aid, abet, or participate in any of the acts or things 819 enumerated in subsection (2) or this subsection. 820 (7)(6)A person who violates paragraph (2)(e)(f)shall be 821 assessed a civil penalty of $500 if the violation results in any 822 judicial disposition other than acquittal or dismissal. The 823 proceeds from penalties assessed under this subsection shall be 824 paid to the circuit court administrator for the sole purpose of 825 paying the administrative costs of treatment-based drug court 826 programs provided under s. 397.334. 827 Section 11. Paragraph (i) of subsection (1) of section 828 985.145, Florida Statutes, is amended to read: 829 985.145 Responsibilities of juvenile probation officer 830 during intake; screenings and assessments.— 831 (1) The juvenile probation officer shall serve as the 832 primary case manager for the purpose of managing, coordinating, 833 and monitoring the services provided to the child. Each program 834 administrator within the Department of Children and Family 835 Services shall cooperate with the primary case manager in 836 carrying out the duties and responsibilities described in this 837 section. In addition to duties specified in other sections and 838 through departmental rules, the assigned juvenile probation 839 officer shall be responsible for the following: 840 (i) Recommendation concerning a petition.—Upon determining 841 that the report, affidavit, or complaint complies with the 842 standards of a probable cause affidavit and that the interests 843 of the child and the public will be best served, the juvenile 844 probation officer may recommend that a delinquency petition not 845 be filed. If such a recommendation is made, the juvenile 846 probation officer shall advise in writing the person or agency 847 making the report, affidavit, or complaint, the victim, if any, 848 and the law enforcement agency having investigative jurisdiction 849 over the offense of the recommendation; the reasons therefor; 850 and that the person or agency may submit, within 10 days after 851 the receipt of such notice, the report, affidavit, or complaint 852 to the state attorney for special review. In the case of a 853 report, affidavit, or complaint alleging a violation of s. 854 796.07(3), there is a presumption that the juvenile probation 855 officer recommend that a petition not be filed unless the child 856 has previously been adjudicated delinquent. The state attorney, 857 upon receiving a request for special review, shall consider the 858 facts presented by the report, affidavit, or complaint, and by 859 the juvenile probation officer who made the recommendation that 860 no petition be filed, before making a final decision as to 861 whether a petition or information should or should not be filed. 862 Section 12. Subsection (1) of section 985.15, Florida 863 Statutes, is amended to read: 864 985.15 Filing decisions.— 865 (1) The state attorney may in all cases take action 866 independent of the action or lack of action of the juvenile 867 probation officer and shall determine the action that is in the 868 best interest of the public and the child. If the child meets 869 the criteria requiring prosecution as an adult under s. 985.556, 870 the state attorney shall request the court to transfer and 871 certify the child for prosecution as an adult or shall provide 872 written reasons to the court for not making such a request. In 873 all other cases, the state attorney may: 874 (a) File a petition for dependency; 875 (b) File a petition under chapter 984; 876 (c) File a petition for delinquency. In the case of a 877 report, affidavit, or complaint alleging a violation of s. 878 796.07(3), there is a presumption that a petition not be filed 879 unless the child has previously been adjudicated delinquent; 880 (d) File a petition for delinquency with a motion to 881 transfer and certify the child for prosecution as an adult; 882 (e) File an information under s. 985.557; 883 (f) Refer the case to a grand jury; 884 (g) Refer the child to a diversionary, pretrial 885 intervention, arbitration, or mediation program, or to some 886 other treatment or care program if such program commitment is 887 voluntarily accepted by the child or the child’s parents or 888 legal guardian; or 889 (h) Decline to file. 890 Section 13. This act shall take effect July 1, 2010.