HB 145

1	A bill to be entitled
2	An act relating to sexual exploitation; providing a short
3	title; amending s. 39.001, F.S.; providing legislative
4	intent and goals; conforming cross-references; amending s.
5	39.01, F.S.; revising the definitions of the terms
6	"abuse," "child who is found to be dependent," and "sexual
7	abuse of a child"; amending s. 39.401, F.S.; requiring
8	delivery of children alleged to be dependent and sexually
9	exploited to short-term safe houses; amending s. 39.402,
10	F.S.; providing for a presumption that placement of a
11	child alleged to have been sexually exploited in a short-
12	term safe house is necessary; providing requirements for
13	findings in a shelter hearing relating to placement of an
14	allegedly sexually exploited child in a short-term safe
15	house; amending s. 39.521, F.S.; providing for a
16	presumption that placement of a child alleged to have been
17	sexually exploited in a safe house is necessary; creating
18	s. 39.524, F.S.; requiring assessment of certain children
19	for placement in a safe house; providing for use of such
20	assessments; providing requirements for safe houses
21	receiving such children; requiring an annual report
22	concerning safe-house placements; amending s. 322.28,
23	F.S.; conforming a cross-reference; creating s. 409.1678,
24	F.S.; providing legislative intent relating to safe
25	houses; providing definitions; requiring districts of the
26	Department of Children and Family Services to address
27	child welfare service needs of sexually exploited children
28	as a component of their master plans; providing for
29	operation of safe houses; providing duties,
30	responsibilities, and requirements for safe houses and
31	their operators; providing for training for law
32	enforcement officials who are likely to encounter sexually
33	exploited children; amending s. 796.07, F.S.; revising
34	prohibitions on prostitution and related acts; providing a
35	civil penalty for use or threatened use of a deadly weapon
36	during the commission of specified offenses; providing for
37	an increased civil penalty and disposition of proceeds;
38	conforming a cross-reference; amending s. 960.065, F.S.;
39	allowing victim compensation for sexually exploited
40	children; amending s. 985.115, F.S.; conforming a
41	provision to changes made by the act; amending ss. 985.145
42	and 985.15, F.S.; providing a presumption against filing a
43	delinquency petition for certain prostitution-related
44	offenses in certain circumstances; providing an effective
45	date.
46
47	Be It Enacted by the Legislature of the State of Florida:
48
49	Section 1.  This act may be cited as the "Florida Safe
50	Harbor Act."
51	Section 2.  Subsections (4) through (12) of section 39.001,
52	Florida Statutes, are renumbered as subsections (5) through
53	(13), respectively, paragraph (c) of present subsection (7) and
54	paragraph (b) of present subsection (9) are amended, and a new
55	subsection (4) is added to that section, to read:
56	39.001  Purposes and intent; personnel standards and
57	screening.-
58	(4)  SEXUAL EXPLOITATION SERVICES.-
59	(a)  The Legislature recognizes that child sexual
60	exploitation is a serious problem nationwide and in this state.
61	The children at greatest risk of being sexually exploited are
62	runaways and throwaways. Many of these children have a history
63	of abuse and neglect. The vulnerability of these children starts
64	with isolation from family and friends. Traffickers maintain
65	control of child victims through psychological manipulation,
66	force, drug addiction, or the exploitation of economic,
67	physical, or emotional vulnerability. Children exploited through
68	the sex trade often find it difficult to trust adults because of
69	their abusive experiences. These children make up a population
70	that is difficult to serve and even more difficult to
71	rehabilitate. Although minors are by law unable to consent to
72	sexual activity, they are most often treated as perpetrators of
73	crime rather than victims. Moreover, the historical treatment of
74	such children as delinquents has too often resulted in the
75	failure to successfully prosecute the trafficker, who is the
76	true wrongdoer and threat to society.
77	(b)  The Legislature establishes the following goals for
78	the state related to the status and treatment of sexually
79	exploited children in the dependency process:
80	1.  To ensure the safety of children.
81	2.  To provide for the treatment of such children as
82	dependent children rather than as delinquents.
83	3.  To sever the bond between exploited children and
84	traffickers and to reunite these children with their families or
85	provide them with appropriate guardians.
86	4.  To enable such children to be willing and reliable
87	witnesses in the prosecution of traffickers.
88	(c)  The Legislature finds that sexually exploited children
89	need special care and services in the dependency process,
90	including counseling, health care, substance abuse treatment,
91	educational opportunities, and a safe environment secure from
92	traffickers.
93	(d)  The Legislature further finds that sexually exploited
94	children need the special care and services described in
95	paragraph (c) independent of their citizenship, residency,
96	alien, or immigrant status. It is the intent of the Legislature
97	that this state provide such care and services to all sexually
98	exploited children in this state who are not otherwise receiving
99	comparable services, such as those under the federal Trafficking
100	Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
101	(8)(7)  OFFICE OF ADOPTION AND CHILD PROTECTION.-
102	(c)  The office is authorized and directed to:
103	1.  Oversee the preparation and implementation of the state
104	plan established under subsection (9) (8) and revise and update
105	the state plan as necessary.
106	2.  Provide for or make available continuing professional
107	education and training in the prevention of child abuse and
108	neglect.
109	3.  Work to secure funding in the form of appropriations,
110	gifts, and grants from the state, the Federal Government, and
111	other public and private sources in order to ensure that
112	sufficient funds are available for the promotion of adoption,
113	support of adoptive families, and child abuse prevention
114	efforts.
115	4.  Make recommendations pertaining to agreements or
116	contracts for the establishment and development of:
117	a.  Programs and services for the promotion of adoption,
118	support of adoptive families, and prevention of child abuse and
119	neglect.
120	b.  Training programs for the prevention of child abuse and
121	neglect.
122	c.  Multidisciplinary and discipline-specific training
123	programs for professionals with responsibilities affecting
124	children, young adults, and families.
125	d.  Efforts to promote adoption.
126	e.  Postadoptive services to support adoptive families.
127	5.  Monitor, evaluate, and review the development and
128	quality of local and statewide services and programs for the
129	promotion of adoption, support of adoptive families, and
130	prevention of child abuse and neglect and shall publish and
131	distribute an annual report of its findings on or before January
132	1 of each year to the Governor, the Speaker of the House of
133	Representatives, the President of the Senate, the head of each
134	state agency affected by the report, and the appropriate
135	substantive committees of the Legislature. The report shall
136	include:
137	a.  A summary of the activities of the office.
138	b.  A summary of the adoption data collected and reported
139	to the federal Adoption and Foster Care Analysis and Reporting
140	System (AFCARS) and the federal Administration for Children and
141	Families.
142	c.  A summary of the child abuse prevention data collected
143	and reported to the National Child Abuse and Neglect Data System
144	(NCANDS) and the federal Administration for Children and
145	Families.
146	d.  A summary detailing the timeliness of the adoption
147	process for children adopted from within the child welfare
148	system.
149	e.  Recommendations, by state agency, for the further
150	development and improvement of services and programs for the
151	promotion of adoption, support of adoptive families, and
152	prevention of child abuse and neglect.
153	f.  Budget requests, adoption promotion and support needs,
154	and child abuse prevention program needs by state agency.
155	6.  Work with the direct-support organization established
156	under s. 39.0011 to receive financial assistance.
157	(10)(9)  FUNDING AND SUBSEQUENT PLANS.-
158	(b)  The office and the other agencies and organizations
159	listed in paragraph (9)(8)(a) shall readdress the state plan and
160	make necessary revisions every 5 years, at a minimum. Such
161	revisions shall be submitted to the Speaker of the House of
162	Representatives and the President of the Senate no later than
163	June 30 of each year divisible by 5. At least biennially, the
164	office shall review the state plan and make any necessary
165	revisions based on changing needs and program evaluation
166	results. An annual progress report shall be submitted to update
167	the state plan in the years between the 5-year intervals. In
168	order to avoid duplication of effort, these required plans may
169	be made a part of or merged with other plans required by either
170	the state or Federal Government, so long as the portions of the
171	other state or Federal Government plan that constitute the state
172	plan for the promotion of adoption, support of adoptive
173	families, and prevention of child abuse, abandonment, and
174	neglect are clearly identified as such and are provided to the
175	Speaker of the House of Representatives and the President of the
176	Senate as required above.
177	Section 3.  Subsections (2) and (15) and paragraph (g) of
178	subsection (67) of section 39.01, Florida Statutes, are amended
179	to read:
180	39.01  Definitions.-When used in this chapter, unless the
181	context otherwise requires:
182	(2)  "Abuse" means any willful act or threatened act that
183	results in any physical, mental, or sexual abuse, injury, or
184	harm that causes or is likely to cause the child's physical,
185	mental, or emotional health to be significantly impaired. Abuse
186	of a child includes acts or omissions. Corporal discipline of a
187	child by a parent or legal custodian for disciplinary purposes
188	does not in itself constitute abuse when it does not result in
189	harm to the child.
190	(15)  "Child who is found to be dependent" means a child
191	who, pursuant to this chapter, is found by the court:
192	(a)  To have been abandoned, abused, or neglected by the
193	child's parent or parents or legal custodians;
194	(b)  To have been surrendered to the department, the former
195	Department of Health and Rehabilitative Services, or a licensed
196	child-placing agency for purpose of adoption;
197	(c)  To have been voluntarily placed with a licensed child-
198	caring agency, a licensed child-placing agency, an adult
199	relative, the department, or the former Department of Health and
200	Rehabilitative Services, after which placement, under the
201	requirements of this chapter, a case plan has expired and the
202	parent or parents or legal custodians have failed to
203	substantially comply with the requirements of the plan;
204	(d)  To have been voluntarily placed with a licensed child-
205	placing agency for the purposes of subsequent adoption, and a
206	parent or parents have signed a consent pursuant to the Florida
207	Rules of Juvenile Procedure;
208	(e)  To have no parent or legal custodians capable of
209	providing supervision and care; or
210	(f)  To be at substantial risk of imminent abuse,
211	abandonment, or neglect by the parent or parents or legal
212	custodians; or
213	(g)  To have been sexually exploited and to have no parent,
214	legal custodian, or responsible adult relative currently known
215	and capable of providing the necessary and appropriate
216	supervision and care.
217	(67)  "Sexual abuse of a child" means one or more of the
218	following acts:
219	(g)  The sexual exploitation of a child, which includes the
220	act of a child offering to engage in or engaging in
221	prostitution; or allowing, encouraging, or forcing a child to:
222	1.  Solicit for or engage in prostitution; or
223	2.  Engage in a sexual performance, as defined by chapter
224	827; or
225	3.  Participate in the trade of sex trafficking as provided
226	in s. 796.035.
227	Section 4.  Paragraph (b) of subsection (2) and paragraph
228	(b) of subsection (3) of section 39.401, Florida Statutes, are
229	amended to read:
230	39.401  Taking a child alleged to be dependent into
231	custody; law enforcement officers and authorized agents of the
232	department.-
233	(2)  If the law enforcement officer takes the child into
234	custody, that officer shall:
235	(b)  Deliver the child to an authorized agent of the
236	department, stating the facts by reason of which the child was
237	taken into custody and sufficient information to establish
238	probable cause that the child is abandoned, abused, or
239	neglected, or otherwise dependent. In the case of a child for
240	whom there is probable cause to believe he or she has been
241	sexually exploited, the law enforcement officer shall deliver
242	the child to the appropriate short-term safe house as provided
243	for in s. 409.1678 if a short-term safe house is available.
244
245	For cases involving allegations of abandonment, abuse, or
246	neglect, or other dependency cases, within 3 days after such
247	release or within 3 days after delivering the child to an
248	authorized agent of the department, the law enforcement officer
249	who took the child into custody shall make a full written report
250	to the department.
251	(3)  If the child is taken into custody by, or is delivered
252	to, an authorized agent of the department, the agent shall
253	review the facts supporting the removal with an attorney
254	representing the department. The purpose of the review is to
255	determine whether there is probable cause for the filing of a
256	shelter petition.
257	(b)  If the facts are sufficient and the child has not been
258	returned to the custody of the parent or legal custodian, the
259	department shall file the petition and schedule a hearing, and
260	the attorney representing the department shall request that a
261	shelter hearing be held within 24 hours after the removal of the
262	child. While awaiting the shelter hearing, the authorized agent
263	of the department may place the child in licensed shelter care,
264	or in a short-term safe house if the child is a sexually
265	exploited child, or may release the child to a parent or legal
266	custodian or responsible adult relative or the adoptive parent
267	of the child's sibling who shall be given priority consideration
268	over a licensed placement, or a responsible adult approved by
269	the department if this is in the best interests of the child.
270	Placement of a child which is not in a licensed shelter must be
271	preceded by a criminal history records check as required under
272	s. 39.0138. In addition, the department may authorize placement
273	of a housekeeper/homemaker in the home of a child alleged to be
274	dependent until the parent or legal custodian assumes care of
275	the child.
276	Section 5.  Subsection (2) and paragraphs (a), (d), and (h)
277	of subsection (8) of section 39.402, Florida Statutes, are
278	amended to read:
279	39.402  Placement in a shelter.-
280	(2)  A child taken into custody may be placed or continued
281	in a shelter only if one or more of the criteria in subsection
282	(1) apply applies and the court has made a specific finding of
283	fact regarding the necessity for removal of the child from the
284	home and has made a determination that the provision of
285	appropriate and available services will not eliminate the need
286	for placement. In the case of a child who is alleged to have
287	been sexually exploited, there is a rebuttable presumption that
288	placement in a short-term safe house is necessary.
289	(8)(a)  A child may not be held in a shelter longer than 24
290	hours unless an order so directing is entered by the court after
291	a shelter hearing. In the interval until the shelter hearing is
292	held, the decision to place the child in a shelter or release
293	the child from a shelter lies with the protective investigator.
294	In the case of a child who is alleged to have been sexually
295	exploited, there is a rebuttable presumption that placement in a
296	short-term safe house is necessary.
297	(d)  At the shelter hearing, in order to continue the child
298	in shelter care:
299	1.  The department must establish probable cause that
300	reasonable grounds for removal exist and that the provision of
301	appropriate and available services will not eliminate the need
302	for placement;
303	2.  The department must establish probable cause for the
304	belief that the child has been sexually exploited and,
305	therefore, that placement in a short-term safe house is the most
306	appropriate environment for the child; or
307	3.2.  The court must determine that additional time is
308	necessary, which may not exceed 72 hours, in which to obtain and
309	review documents pertaining to the family in order to
310	appropriately determine the risk to the child during which time
311	the child shall remain in the department's custody, if so
312	ordered by the court.
313	(h)  The order for placement of a child in shelter care
314	must identify the parties present at the hearing and must
315	contain written findings:
316	1.  That placement in shelter care is necessary based on
317	the criteria in subsections (1) and (2).
318	2.  That placement in shelter care is in the best interest
319	of the child.
320	3.  That continuation of the child in the home is contrary
321	to the welfare of the child because the home situation presents
322	a substantial and immediate danger to the child's physical,
323	mental, or emotional health or safety which cannot be mitigated
324	by the provision of preventive services.
325	4.  That based upon the allegations of the petition for
326	placement in shelter care, there is probable cause to believe
327	that the child is dependent or that the court needs additional
328	time, which may not exceed 72 hours, in which to obtain and
329	review documents pertaining to the family in order to
330	appropriately determine the risk to the child.
331	5.  That the department has made reasonable efforts to
332	prevent or eliminate the need for removal of the child from the
333	home. A finding of reasonable effort by the department to
334	prevent or eliminate the need for removal may be made and the
335	department is deemed to have made reasonable efforts to prevent
336	or eliminate the need for removal if:
337	a.  The first contact of the department with the family
338	occurs during an emergency;
339	b.  The appraisal of the home situation by the department
340	indicates that the home situation presents a substantial and
341	immediate danger to the child's physical, mental, or emotional
342	health or safety which cannot be mitigated by the provision of
343	preventive services;
344	c.  The child cannot safely remain at home, either because
345	there are no preventive services that can ensure the health and
346	safety of the child or because, even with appropriate and
347	available services being provided, the health and safety of the
348	child cannot be ensured;
349	d.  The child has been sexually exploited; or
350	e.d.  The parent or legal custodian is alleged to have
351	committed any of the acts listed as grounds for expedited
352	termination of parental rights in s. 39.806(1)(f)-(i).
353	6.  That the court notified the parents, relatives that are
354	providing out-of-home care for the child, or legal custodians of
355	the time, date, and location of the next dependency hearing and
356	of the importance of the active participation of the parents,
357	relatives that are providing out-of-home care for the child, or
358	legal custodians in all proceedings and hearings.
359	7.  That the court notified the parents or legal custodians
360	of their right to counsel to represent them at the shelter
361	hearing and at each subsequent hearing or proceeding, and the
362	right of the parents to appointed counsel, pursuant to the
363	procedures set forth in s. 39.013.
364	8.  That the court notified relatives who are providing
365	out-of-home care for a child as a result of the shelter petition
366	being granted that they have the right to attend all subsequent
367	hearings, to submit reports to the court, and to speak to the
368	court regarding the child, if they so desire.
369	Section 6.  Paragraph (f) of subsection (1) and paragraph
370	(d) of subsection (3) of section 39.521, Florida Statutes, are
371	amended to read:
372	39.521  Disposition hearings; powers of disposition.-
373	(1)  A disposition hearing shall be conducted by the court,
374	if the court finds that the facts alleged in the petition for
375	dependency were proven in the adjudicatory hearing, or if the
376	parents or legal custodians have consented to the finding of
377	dependency or admitted the allegations in the petition, have
378	failed to appear for the arraignment hearing after proper
379	notice, or have not been located despite a diligent search
380	having been conducted.
381	(f)  If the court places the child in an out-of-home
382	placement, the disposition order must include a written
383	determination that the child cannot safely remain at home with
384	reunification or family preservation services and that removal
385	of the child is necessary to protect the child. If the child is
386	removed before the disposition hearing, the order must also
387	include a written determination as to whether, after removal,
388	the department made a reasonable effort to reunify the parent
389	and child. Reasonable efforts to reunify are not required if the
390	court finds that any of the acts listed in s. 39.806(1)(f)-(l)
391	have occurred. The department has the burden of demonstrating
392	that it made reasonable efforts.
393	1.  For the purposes of this paragraph, the term
394	"reasonable effort" means the exercise of reasonable diligence
395	and care by the department to provide the services ordered by
396	the court or delineated in the case plan.
397	2.  In support of its determination as to whether
398	reasonable efforts have been made, the court shall:
399	a.  Enter written findings as to whether prevention or
400	reunification efforts were indicated.
401	b.  If prevention or reunification efforts were indicated,
402	include a brief written description of what appropriate and
403	available prevention and reunification efforts were made.
404	c.  Indicate in writing why further efforts could or could
405	not have prevented or shortened the separation of the parent and
406	child.
407	3.  A court may find that the department made a reasonable
408	effort to prevent or eliminate the need for removal if:
409	a.  The first contact of the department with the family
410	occurs during an emergency;
411	b.  The appraisal by the department of the home situation
412	indicates a substantial and immediate danger to the child's
413	safety or physical, mental, or emotional health which cannot be
414	mitigated by the provision of preventive services;
415	c.  The child cannot safely remain at home, because there
416	are no preventive services that can ensure the health and safety
417	of the child or, even with appropriate and available services
418	being provided, the health and safety of the child cannot be
419	ensured. There is a rebuttable presumption that any child who
420	has been found to be a victim of sexual exploitation as defined
421	in s. 39.01(67)(g) meets the terms of this sub-subparagraph; or
422	d.  The parent is alleged to have committed any of the acts
423	listed as grounds for expedited termination of parental rights
424	under s. 39.806(1)(f)-(l).
425	4.  A reasonable effort by the department for reunification
426	has been made if the appraisal of the home situation by the
427	department indicates that the severity of the conditions of
428	dependency is such that reunification efforts are inappropriate.
429	The department has the burden of demonstrating to the court that
430	reunification efforts were inappropriate.
431	5.  If the court finds that the prevention or reunification
432	effort of the department would not have permitted the child to
433	remain safely at home, the court may commit the child to the
434	temporary legal custody of the department or take any other
435	action authorized by this chapter.
436	(3)  When any child is adjudicated by a court to be
437	dependent, the court shall determine the appropriate placement
438	for the child as follows:
439	(d)  If the child cannot be safely placed in a nonlicensed
440	placement, the court shall commit the child to the temporary
441	legal custody of the department. Such commitment invests in the
442	department all rights and responsibilities of a legal custodian.
443	The department shall not return any child to the physical care
444	and custody of the person from whom the child was removed,
445	except for court-approved visitation periods, without the
446	approval of the court. Any order for visitation or other contact
447	must conform to the provisions of s. 39.0139. There is a
448	rebuttable presumption that any child who has been found to be a
449	victim of sexual exploitation as defined in s. 39.01(67)(g) be
450	committed to a safe house as provided for in s. 409.1678. The
451	term of such commitment continues until terminated by the court
452	or until the child reaches the age of 18. After the child is
453	committed to the temporary legal custody of the department, all
454	further proceedings under this section are governed by this
455	chapter.
456
457	Protective supervision continues until the court terminates it
458	or until the child reaches the age of 18, whichever date is
459	first. Protective supervision shall be terminated by the court
460	whenever the court determines that permanency has been achieved
461	for the child, whether with a parent, another relative, or a
462	legal custodian, and that protective supervision is no longer
463	needed. The termination of supervision may be with or without
464	retaining jurisdiction, at the court's discretion, and shall in
465	either case be considered a permanency option for the child. The
466	order terminating supervision by the department shall set forth
467	the powers of the custodian of the child and shall include the
468	powers ordinarily granted to a guardian of the person of a minor
469	unless otherwise specified. Upon the court's termination of
470	supervision by the department, no further judicial reviews are
471	required, so long as permanency has been established for the
472	child.
473	Section 7.  Section 39.524, Florida Statutes, is created to
474	read:
475	39.524  Safe-harbor placement.-
476	(1)  Except as provided in s. 39.407, any dependent child 6
477	years of age or older who has been found to be a victim of
478	sexual exploitation as defined in s. 39.01(67)(g) must be
479	assessed for placement in a safe house as provided in s.
480	409.1678. The assessment shall be conducted by the department or
481	its agent and shall incorporate and address current and
482	historical information from any law enforcement reports;
483	psychological testing or evaluation that has occurred; current
484	and historical information from the guardian ad litem, if one
485	has been assigned; current and historical information from any
486	current therapist, teacher, or other professional who has
487	knowledge of the child and has worked with the child; and any
488	other information concerning the availability and suitability of
489	safe-house placement. If such placement is determined to be
490	appropriate as a result of this procedure, the child must be
491	placed in a safe house, if one is available.
492	(2)  The results of the assessment described in subsection
493	(1) and the actions taken as a result of the assessment must be
494	included in the next judicial review of the child. At each
495	subsequent judicial review, the court must be advised in writing
496	of the status of the child's placement, with special reference
497	regarding the stability of the placement and the permanency
498	planning for the child.
499	(3)  Any safe house that receives children under this
500	section shall establish special permanency teams dedicated to
501	overcoming the special permanency challenges presented by this
502	population of children. Each facility shall report to the
503	department its success in achieving permanency for children
504	placed by the department in its care at intervals that allow the
505	current information to be provided to the court at each judicial
506	review for the child.
507	(4)(a)1.  By December 1 of each year, the department shall
508	report to the Legislature on the placement of children in safe
509	houses during the year, including the criteria used to determine
510	the placement of children, the number of children who were
511	evaluated for placement, the number of children who were placed
512	based upon the evaluation, and the number of children who were
513	not placed.
514	2.  The department shall maintain data specifying the
515	number of children who were referred to a safe house for whom
516	placement was unavailable and the counties in which such
517	placement was unavailable. The department shall include this
518	data in its report under this paragraph so that the Legislature
519	may consider this information in developing the General
520	Appropriations Act.
521	(b)  As part of the report required in paragraph (a), the
522	department shall also provide a detailed account of the
523	expenditures incurred for "Special Categories: Grants and Aids-
524	Safe Houses" for the fiscal year immediately preceding the date
525	of the report. This section of the report must include whatever
526	supporting data is necessary to demonstrate full compliance with
527	s. 409.1678(3)(b). The document must present the information by
528	district and must specify, at a minimum, the number of
529	additional beds, the average rate per bed, the number of
530	additional persons served, and a description of the enhanced and
531	expanded services provided.
532	Section 8.  Subsection (7) of section 322.28, Florida
533	Statutes, is amended to read:
534	322.28  Period of suspension or revocation.-
535	(7)  Following a second or subsequent violation of s.
536	796.07(2)(e)(f) which involves a motor vehicle and which results
537	in any judicial disposition other than acquittal or dismissal,
538	in addition to any other sentence imposed, the court shall
539	revoke the person's driver's license or driving privilege,
540	effective upon the date of the disposition, for a period of not
541	less than 1 year. A person sentenced under this subsection may
542	request a hearing under s. 322.271.
543	Section 9.  Section 409.1678, Florida Statutes, is created
544	to read:
545	409.1678  Safe harbor for children who are victims of
546	sexual exploitation.-
547	(1)  It is the intent of the Legislature to provide safe
548	houses and short-term safe houses for sexually exploited
549	children to give them a secure residential environment; to allow
550	them to be reintegrated into society as stable and productive
551	members; and, if appropriate, to enable them to testify as
552	witnesses in criminal proceedings related to their exploitation.
553	Such children require a full range of services in addition to
554	security, including medical care, counseling, education, and
555	mentoring. These services are to be provided in a secure
556	residential setting by a not-for-profit corporation or a local
557	government entity under a contract with the department or by a
558	lead agency as described in s. 409.1671, provided that the
559	expenditure of funds for such services is calculated by the
560	department to be a potential cost savings and more cost-
561	effective than those otherwise provided by the government. These
562	contracts should be designed to provide an identified number of
563	children with access to a full array of services for a fixed
564	price. Further, it is the intent of the Legislature that the
565	department and the Department of Juvenile Justice establish an
566	interagency agreement by December 1, 2011, that describes
567	respective agency responsibilities for referral, placement,
568	service provision, and service coordination for dependent and
569	delinquent youth who are referred to these residential group
570	care facilities. The agreement must require interagency
571	collaboration in the development of terms, conditions, and
572	performance outcomes for safe-house contracts serving children
573	who have been adjudicated dependent or delinquent.
574	(2)  As used in this section, the term:
575	(a)  "Child advocate" means an employee of a short-term
576	safe house who has been trained to work with and advocate for
577	the needs of sexually exploited children. The advocate shall
578	accompany the child to all court appearances, meetings with law
579	enforcement, and the state attorney's office and shall serve as
580	a liaison between the short-term safe house and the court.
581	(b)  "Safe house" means a living environment that has set
582	aside gender-specific, separate, and distinct living quarters
583	for sexually exploited children who have been adjudicated
584	dependent or delinquent and need to reside in a secure
585	residential facility with staff members awake 24 hours a day. A
586	safe house shall be operated by a licensed family foster home or
587	residential child-caring agency as defined in s. 409.175,
588	including a runaway youth center as defined in s. 409.441. Each
589	facility must be appropriately licensed in this state as a
590	residential child-caring agency as defined in s. 409.175 and
591	must be accredited by July 1, 2012. A safe house serving
592	children who have been sexually exploited must have available
593	staff or contract personnel with the clinical expertise,
594	credentials, and training to provide services identified in
595	paragraph (3)(e).
596	(c)  "Secure" means that a child is supervised 24 hours a
597	day by staff members who are awake while on duty.
598	(d)  "Sexually exploited child" means a dependent child who
599	has suffered sexual exploitation as defined in s. 39.01(67)(g)
600	and is ineligible for relief and benefits under the federal
601	Trafficking Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
602	(e)  "Short-term safe house" means a shelter operated by a
603	licensed residential child-caring agency as defined in s.
604	409.175, including a runaway youth center as defined in s.
605	409.441, that has set aside gender-specific, separate, and
606	distinct living quarters for sexually exploited children. In
607	addition to shelter, the house shall provide services and care
608	to sexually exploited children, including food, clothing,
609	medical care, counseling, and appropriate crisis intervention
610	services at the time they are taken into custody by law
611	enforcement or the department.
612	(3)(a)  Notwithstanding any other provision of law,
613	pursuant to regulations of the department, every district of the
614	department shall address the child welfare service needs of
615	sexually exploited children as a component of the district's
616	master plan and, to the extent that funds are available, ensure
617	that preventive services, including a short-term safe house to
618	serve sexually exploited children, are available to children
619	residing in the district. The department or a lead agency that
620	has been established in accordance with s. 409.1671 shall
621	contract with an appropriate not-for-profit agency having
622	experience working with sexually exploited children to operate
623	such a short-term safe house. This section does not prohibit a
624	district from using a homeless youth program or services for
625	victims of human trafficking for such purposes so long as the
626	staff members have received appropriate training approved by the
627	department regarding sexually exploited children and the
628	existing programs and facilities provide a safe, secure, and
629	appropriate environment for sexually exploited children. Crisis
630	intervention services, short-term safe-house care, and community
631	programming may, where appropriate, be provided by the same not-
632	for-profit agency. Districts may work cooperatively to provide
633	such short-term safe-house services and programming, and access
634	to such placement, services, and programming may be provided on
635	a regional basis, provided that every district ensures, to the
636	extent that funds are available, that such placement, services,
637	and programs are readily accessible to sexually exploited
638	children residing within the district.
639	(b)  The capacity of the services and programs described in
640	subsection (1) shall be based on the number of sexually
641	exploited children in each district who are in need of such
642	services. A determination of such need shall be made annually in
643	every district by the local administrator of the department and
644	be included in the department's master plan. This determination
645	shall be made in consultation with local law enforcement,
646	runaway and homeless youth program providers, local probation
647	departments, local community-based care and social services,
648	local guardians ad litem, public defenders, state attorney's
649	offices, and child advocates and services providers who work
650	directly with sexually exploited youth.
651	(c)  The department shall contract with an appropriate not-
652	for-profit agency having experience working with sexually
653	exploited children to operate at least one safe house in a
654	geographically appropriate area of the state, which shall
655	provide safe and secure long-term housing and specialized
656	services for sexually exploited children throughout the state.
657	The appropriateness of the geographic location shall be
658	determined by the department, taking into account the areas of
659	the state with high numbers of sexually exploited children and
660	the need for sexually exploited children to find shelter and
661	long-term placement in a secure and beneficial environment. The
662	department shall determine the need for more than one safe house
663	based on the numbers and geographical location of sexually
664	exploited children within the state.
665	(d)  The department shall contract with a not-for-profit
666	corporation, a local government entity, or a lead agency that
667	has been established in accordance with s. 409.1671 for the
668	performance of short-term safe-house and safe-house services
669	described in this section. A lead agency that is currently
670	providing the equivalent of a safe house may provide this
671	service directly with the approval of the department. The
672	department or a lead agency may contract for more than one
673	short-term safe house in a district and more than one safe house
674	in the state if that is determined to be the most effective way
675	to achieve the goals of this section.
676	(e)  The lead agency, the contracted not-for-profit
677	corporation, or the local government entity is responsible for
678	security, crisis intervention services, general counseling and
679	victim-witness counseling, a comprehensive assessment,
680	residential care, transportation, access to behavioral health
681	services, recreational activities, food, clothing, supplies,
682	infant care, and miscellaneous expenses associated with caring
683	for these children; for necessary arrangement for or provision
684	of educational services, including life skills services and
685	planning services to successfully transition residents back to
686	the community; and for ensuring necessary and appropriate health
687	and dental care.
688	(f)  The department may transfer all casework
689	responsibilities for children served under this section to the
690	entity that provides the safe-house service, including case
691	management and development and implementation of a case plan in
692	accordance with current standards for child protection services.
693	When the department establishes a program under this section in
694	a community that has a lead agency as described in s. 409.1671,
695	the casework responsibilities must be transferred to the lead
696	agency.
697	(g)  This section does not prohibit any provider of these
698	services from appropriately billing Medicaid for services
699	rendered, from contracting with a local school district for
700	educational services, or from obtaining federal or local funding
701	for services provided, as long as two or more funding sources do
702	not pay for the same specific service that has been provided to
703	a child.
704	(h)  The lead agency, not-for-profit corporation, or local
705	government entity has the legal authority for children served in
706	a safe-house program, as provided in chapter 39 or this chapter,
707	as appropriate, to enroll the child in school, to sign for a
708	driver's license for the child, to cosign loans and insurance
709	for the child, to sign for medical treatment of the child, and
710	to authorize other such activities.
711	(i)  The department shall provide technical assistance as
712	requested and contract management services.
713	(j)  This section shall be implemented to the extent that
714	appropriations contained in the General Appropriations Act are
715	available for such purpose.
716	(k)  The department may adopt rules pursuant to ss.
717	120.536(1) and 120.54 to implement the provisions of this
718	section conferring duties upon it.
719	(l)  All of the services created under this section may, to
720	the extent possible provided by law, be available to all
721	sexually exploited children whether they are accessed
722	voluntarily, as a condition of probation, through a diversion
723	program, through a proceeding under chapter 39, or through a
724	referral from a local community-based care or social service
725	agency.
726	(4)  The local district administrator may, to the extent
727	that funds are available, in conjunction with local law
728	enforcement officials, contract with an appropriate not-for-
729	profit agency having experience working with sexually exploited
730	children to train law enforcement officials who are likely to
731	encounter sexually exploited children in the course of their law
732	enforcement duties on the provisions of this section and how to
733	identify and obtain appropriate services for sexually exploited
734	children. Districts may work cooperatively to provide such
735	training, and such training may be provided on a regional basis.
736	The department shall assist districts in obtaining any available
737	funds for the purposes of conducting law enforcement training
738	from the Office of Juvenile Justice and Delinquency Prevention
739	of the United States Department of Justice.
740	Section 10.  Present subsections (2) and (6) of section
741	796.07, Florida Statutes, are amended, present subsections (3)
742	through (6) are renumbered as subsections (4) through (7),
743	respectively, and a new subsection (3) is added to that section,
744	to read:
745	796.07  Prohibiting prostitution and related acts, etc.;
746	evidence; penalties; definitions.-
747	(2)  It is unlawful to:
748	(a)  To Own, establish, maintain, or operate any place,
749	structure, building, or conveyance for the purpose of lewdness,
750	assignation, or prostitution.
751	(b)  To Offer, or to offer or agree to secure, another for
752	the purpose of prostitution or for any other lewd or indecent
753	act.
754	(c)  To Receive, or to offer or agree to receive, any
755	person into any place, structure, building, or conveyance for
756	the purpose of prostitution, lewdness, or assignation, or to
757	permit any person to remain there for such purpose.
758	(d)  To Direct, take, or transport, or to offer or agree to
759	direct, take, or transport, any person to any place, structure,
760	or building, or to any other person, with knowledge or
761	reasonable cause to believe that the purpose of such directing,
762	taking, or transporting is prostitution, lewdness, or
763	assignation.
764	(e)  To offer to commit, or to commit, or to engage in,
765	prostitution, lewdness, or assignation.
766	(e)(f)  To Solicit, induce, entice, or procure another to
767	commit prostitution, lewdness, or assignation.
768	(f)  Use or threaten to use a deadly weapon during the
769	commission of one of the offenses enumerated in subsection (3).
770	(g)  Have committed one of the offenses enumerated in
771	subsection (3) and be in violation of s. 796.08(4) or (5).
772	(g)  To reside in, enter, or remain in, any place,
773	structure, or building, or to enter or remain in any conveyance,
774	for the purpose of prostitution, lewdness, or assignation.
775	(h)  To aid, abet, or participate in any of the acts or
776	things enumerated in this subsection.
777	(i)  To purchase the services of any person engaged in
778	prostitution.
779	(3)  It is unlawful for any person 16 years of age or older
780	to:
781	(a)  Purchase the services of any person engaged in
782	prostitution.
783	(b)  Offer to commit, or to commit, or to engage in,
784	prostitution, lewdness, or assignation.
785	(c)  Reside in, enter, or remain in any place, structure,
786	or building, or enter or remain in any conveyance, for the
787	purpose of prostitution, lewdness, or assignation.
788	(d)  Aid, abet, or participate in any of the acts or things
789	enumerated in subsection (2) or this subsection.
790	(7)(6)  A person who violates paragraph (2)(e) or paragraph
791	(2)(f) shall be assessed a civil penalty of $5,000 $500 if the
792	violation results in any judicial disposition other than
793	acquittal or dismissal. Of the proceeds from each penalty
794	penalties assessed under this subsection, $500 shall be paid to
795	the circuit court administrator for the sole purpose of paying
796	the administrative costs of treatment-based drug court programs
797	provided under s. 397.334 and $4,500 shall be paid to the
798	Department of Children and Family Services for the sole purpose
799	of funding safe houses and short-term safe houses as provided in
800	s. 409.1678.
801	Section 11.  Section 960.065, Florida Statutes, is amended
802	to read:
803	960.065  Eligibility for awards.-
804	(1)  Except as provided in subsection (2), the following
805	persons shall be eligible for awards pursuant to this chapter:
806	(a)  A victim.
807	(b)  An intervenor.
808	(c)  A surviving spouse, parent or guardian, sibling, or
809	child of a deceased victim or intervenor.
810	(d)  Any other person who is dependent for his or her
811	principal support upon a deceased victim or intervenor.
812	(2)  Any claim filed by or on behalf of a person who:
813	(a)  Committed or aided in the commission of the crime upon
814	which the claim for compensation was based;
815	(b)  Was engaged in an unlawful activity at the time of the
816	crime upon which the claim for compensation is based;
817	(c)  Was in custody or confined, regardless of conviction,
818	in a county or municipal detention facility, a state or federal
819	correctional facility, or a juvenile detention or commitment
820	facility at the time of the crime upon which the claim for
821	compensation is based;
822	(d)  Has been adjudicated as a habitual felony offender,
823	habitual violent offender, or violent career criminal under s.
824	775.084; or
825	(e)  Has been adjudicated guilty of a forcible felony
826	offense as described in s. 776.08,
827
828	is ineligible shall not be eligible for an award.
829	(3)  Any claim filed by or on behalf of a person who was in
830	custody or confined, regardless of adjudication, in a county or
831	municipal facility, a state or federal correctional facility, or
832	a juvenile detention, commitment, or assessment facility at the
833	time of the crime upon which the claim is based, who has been
834	adjudicated as a habitual felony offender under s. 775.084, or
835	who has been adjudicated guilty of a forcible felony offense as
836	described in s. 776.08, renders the person ineligible shall not
837	be eligible for an award. Notwithstanding the foregoing, upon a
838	finding by the Crime Victims' Services Office of the existence
839	of mitigating or special circumstances that would render such a
840	disqualification unjust, an award may be approved. A decision
841	that mitigating or special circumstances do not exist in a case
842	subject to this section does shall not constitute final agency
843	action subject to review pursuant to ss. 120.569 and 120.57.
844	(4)  Payment may not be made under this chapter if the
845	person who committed the crime upon which the claim is based
846	will receive any direct or indirect financial benefit from such
847	payment, unless such benefit is minimal or inconsequential.
848	Payment may not be denied based on the victim's familial
849	relationship to the offender or based upon the sharing of a
850	residence by the victim and offender, except to prevent unjust
851	enrichment of the offender.
852	(5)  A person is not ineligible for an award pursuant to
853	paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
854	person is a victim of sexual exploitation of a child as defined
855	in s. 39.01(67)(g).
856	Section 12.  Paragraph (b) of subsection (2) of section
857	985.115, Florida Statutes, is amended to read:
858	985.115  Release or delivery from custody.-
859	(2)  Unless otherwise ordered by the court under s. 985.255
860	or s. 985.26, and unless there is a need to hold the child, a
861	person taking a child into custody shall attempt to release the
862	child as follows:
863	(b)  Contingent upon specific appropriation, to a shelter
864	approved by the department or to an authorized agent or short-
865	term safe house under s. 39.401(2)(b).
866	Section 13.  Paragraph (i) of subsection (1) of section
867	985.145, Florida Statutes, is amended to read:
868	985.145  Responsibilities of juvenile probation officer
869	during intake; screenings and assessments.-
870	(1)  The juvenile probation officer shall serve as the
871	primary case manager for the purpose of managing, coordinating,
872	and monitoring the services provided to the child. Each program
873	administrator within the Department of Children and Family
874	Services shall cooperate with the primary case manager in
875	carrying out the duties and responsibilities described in this
876	section. In addition to duties specified in other sections and
877	through departmental rules, the assigned juvenile probation
878	officer shall be responsible for the following:
879	(i)  Recommendation concerning a petition.-Upon determining
880	that the report, affidavit, or complaint complies with the
881	standards of a probable cause affidavit and that the interests
882	of the child and the public will be best served, the juvenile
883	probation officer may recommend that a delinquency petition not
884	be filed. If such a recommendation is made, the juvenile
885	probation officer shall advise in writing the person or agency
886	making the report, affidavit, or complaint, the victim, if any,
887	and the law enforcement agency having investigative jurisdiction
888	over the offense of the recommendation; the reasons therefor;
889	and that the person or agency may submit, within 10 days after
890	the receipt of such notice, the report, affidavit, or complaint
891	to the state attorney for special review. In the case of a
892	report, affidavit, or complaint alleging a violation of s.
893	796.07(3), there is a presumption that the juvenile probation
894	officer recommend that a petition not be filed unless the child
895	has previously been adjudicated delinquent. The state attorney,
896	upon receiving a request for special review, shall consider the
897	facts presented by the report, affidavit, or complaint, and by
898	the juvenile probation officer who made the recommendation that
899	no petition be filed, before making a final decision as to
900	whether a petition or information should or should not be filed.
901	Section 14.  Paragraph (c) of subsection (1) of section
902	985.15, Florida Statutes, is amended to read:
903	985.15  Filing decisions.-
904	(1)  The state attorney may in all cases take action
905	independent of the action or lack of action of the juvenile
906	probation officer and shall determine the action that is in the
907	best interest of the public and the child. If the child meets
908	the criteria requiring prosecution as an adult under s. 985.556,
909	the state attorney shall request the court to transfer and
910	certify the child for prosecution as an adult or shall provide
911	written reasons to the court for not making such a request. In
912	all other cases, the state attorney may:
913	(c)  File a petition for delinquency. In the case of a
914	report, affidavit, or complaint alleging a violation of s.
915	796.07(3), there is a presumption that a petition not be filed
916	unless the child has previously been adjudicated delinquent;
917	Section 15.  This act shall take effect July 1, 2011.

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