Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 202
Barcode 855154
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/02/2012 .
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The Committee on Budget (Flores) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. This act may be cited as the “Florida Safe
6 Harbor Act.”
7 Section 2. Subsections (4) through (12) of section 39.001,
8 Florida Statutes, are renumbered as subsections (5) through
9 (13), respectively, paragraph (c) of present subsection (7) and
10 paragraph (b) of present subsection (9) are amended, and a new
11 subsection (4) is added to that section, to read:
12 39.001 Purposes and intent; personnel standards and
13 screening.—
14 (4) SEXUAL EXPLOITATION SERVICES.—
15 (a) The Legislature recognizes that child sexual
16 exploitation is a serious problem nationwide and in this state.
17 The children at greatest risk of being sexually exploited are
18 runaways and throwaways. Many of these children have a history
19 of abuse and neglect. The vulnerability of these children starts
20 with isolation from family and friends. Traffickers maintain
21 control of child victims through psychological manipulation,
22 force, drug addiction, or the exploitation of economic,
23 physical, or emotional vulnerability. Children exploited through
24 the sex trade often find it difficult to trust adults because of
25 their abusive experiences. These children make up a population
26 that is difficult to serve and even more difficult to
27 rehabilitate.
28 (b) The Legislature establishes the following goals for the
29 state related to the status and treatment of sexually exploited
30 children in the dependency process:
31 1. To ensure the safety of children.
32 2. To provide for the treatment of such children as
33 dependent children rather than as delinquents.
34 3. To sever the bond between exploited children and
35 traffickers and to reunite these children with their families or
36 provide them with appropriate guardians.
37 4. To enable such children to be willing and reliable
38 witnesses in the prosecution of traffickers.
39 (c) The Legislature finds that sexually exploited children
40 need special care and services in the dependency process,
41 including counseling, health care, substance abuse treatment,
42 educational opportunities, and a safe environment secure from
43 traffickers.
44 (d) The Legislature further finds that sexually exploited
45 children need the special care and services described in
46 paragraph (c) independent of their citizenship, residency,
47 alien, or immigrant status. It is the intent of the Legislature
48 that this state provide such care and services to all sexually
49 exploited children in this state who are not otherwise receiving
50 comparable services, such as those under the federal Trafficking
51 Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
52 (8)(7) OFFICE OF ADOPTION AND CHILD PROTECTION.—
53 (c) The office is authorized and directed to:
54 1. Oversee the preparation and implementation of the state
55 plan established under subsection (9) (8) and revise and update
56 the state plan as necessary.
57 2. Provide for or make available continuing professional
58 education and training in the prevention of child abuse and
59 neglect.
60 3. Work to secure funding in the form of appropriations,
61 gifts, and grants from the state, the Federal Government, and
62 other public and private sources in order to ensure that
63 sufficient funds are available for the promotion of adoption,
64 support of adoptive families, and child abuse prevention
65 efforts.
66 4. Make recommendations pertaining to agreements or
67 contracts for the establishment and development of:
68 a. Programs and services for the promotion of adoption,
69 support of adoptive families, and prevention of child abuse and
70 neglect.
71 b. Training programs for the prevention of child abuse and
72 neglect.
73 c. Multidisciplinary and discipline-specific training
74 programs for professionals with responsibilities affecting
75 children, young adults, and families.
76 d. Efforts to promote adoption.
77 e. Postadoptive services to support adoptive families.
78 5. Monitor, evaluate, and review the development and
79 quality of local and statewide services and programs for the
80 promotion of adoption, support of adoptive families, and
81 prevention of child abuse and neglect and shall publish and
82 distribute an annual report of its findings on or before January
83 1 of each year to the Governor, the Speaker of the House of
84 Representatives, the President of the Senate, the head of each
85 state agency affected by the report, and the appropriate
86 substantive committees of the Legislature. The report shall
87 include:
88 a. A summary of the activities of the office.
89 b. A summary of the adoption data collected and reported to
90 the federal Adoption and Foster Care Analysis and Reporting
91 System (AFCARS) and the federal Administration for Children and
92 Families.
93 c. A summary of the child abuse prevention data collected
94 and reported to the National Child Abuse and Neglect Data System
95 (NCANDS) and the federal Administration for Children and
96 Families.
97 d. A summary detailing the timeliness of the adoption
98 process for children adopted from within the child welfare
99 system.
100 e. Recommendations, by state agency, for the further
101 development and improvement of services and programs for the
102 promotion of adoption, support of adoptive families, and
103 prevention of child abuse and neglect.
104 f. Budget requests, adoption promotion and support needs,
105 and child abuse prevention program needs by state agency.
106 6. Work with the direct-support organization established
107 under s. 39.0011 to receive financial assistance.
108 (10)(9) FUNDING AND SUBSEQUENT PLANS.—
109 (b) The office and the other agencies and organizations
110 listed in paragraph (9)(a) (8)(a) shall readdress the state plan
111 and make necessary revisions every 5 years, at a minimum. Such
112 revisions shall be submitted to the Speaker of the House of
113 Representatives and the President of the Senate no later than
114 June 30 of each year divisible by 5. At least biennially, the
115 office shall review the state plan and make any necessary
116 revisions based on changing needs and program evaluation
117 results. An annual progress report shall be submitted to update
118 the state plan in the years between the 5-year intervals. In
119 order to avoid duplication of effort, these required plans may
120 be made a part of or merged with other plans required by either
121 the state or Federal Government, so long as the portions of the
122 other state or Federal Government plan that constitute the state
123 plan for the promotion of adoption, support of adoptive
124 families, and prevention of child abuse, abandonment, and
125 neglect are clearly identified as such and are provided to the
126 Speaker of the House of Representatives and the President of the
127 Senate as required above.
128 Section 3. Subsections (2), (15), and (67) of section
129 39.01, Florida Statutes, are amended to read:
130 39.01 Definitions.—When used in this chapter, unless the
131 context otherwise requires:
132 (2) “Abuse” means any willful act or threatened act that
133 results in any physical, mental, or sexual abuse, injury, or
134 harm that causes or is likely to cause the child’s physical,
135 mental, or emotional health to be significantly impaired. Abuse
136 of a child includes acts or omissions. Corporal discipline of a
137 child by a parent or legal custodian for disciplinary purposes
138 does not in itself constitute abuse when it does not result in
139 harm to the child.
140 (15) “Child who is found to be dependent” means a child
141 who, pursuant to this chapter, is found by the court:
142 (a) To have been abandoned, abused, or neglected by the
143 child’s parent or parents or legal custodians;
144 (b) To have been surrendered to the department, the former
145 Department of Health and Rehabilitative Services, or a licensed
146 child-placing agency for purpose of adoption;
147 (c) To have been voluntarily placed with a licensed child
148 caring agency, a licensed child-placing agency, an adult
149 relative, the department, or the former Department of Health and
150 Rehabilitative Services, after which placement, under the
151 requirements of this chapter, a case plan has expired and the
152 parent or parents or legal custodians have failed to
153 substantially comply with the requirements of the plan;
154 (d) To have been voluntarily placed with a licensed child
155 placing agency for the purposes of subsequent adoption, and a
156 parent or parents have signed a consent pursuant to the Florida
157 Rules of Juvenile Procedure;
158 (e) To have no parent or legal custodians capable of
159 providing supervision and care; or
160 (f) To be at substantial risk of imminent abuse,
161 abandonment, or neglect by the parent or parents or legal
162 custodians; or
163 (g) To have been sexually exploited and to have no parent,
164 legal custodian, or responsible adult relative currently known
165 and capable of providing the necessary and appropriate
166 supervision and care.
167 (67) “Sexual abuse of a child” for purposes of finding a
168 child to be dependent means one or more of the following acts:
169 (a) Any penetration, however slight, of the vagina or anal
170 opening of one person by the penis of another person, whether or
171 not there is the emission of semen.
172 (b) Any sexual contact between the genitals or anal opening
173 of one person and the mouth or tongue of another person.
174 (c) Any intrusion by one person into the genitals or anal
175 opening of another person, including the use of any object for
176 this purpose, except that this does not include any act intended
177 for a valid medical purpose.
178 (d) The intentional touching of the genitals or intimate
179 parts, including the breasts, genital area, groin, inner thighs,
180 and buttocks, or the clothing covering them, of either the child
181 or the perpetrator, except that this does not include:
182 1. Any act which may reasonably be construed to be a normal
183 caregiver responsibility, any interaction with, or affection for
184 a child; or
185 2. Any act intended for a valid medical purpose.
186 (e) The intentional masturbation of the perpetrator’s
187 genitals in the presence of a child.
188 (f) The intentional exposure of the perpetrator’s genitals
189 in the presence of a child, or any other sexual act
190 intentionally perpetrated in the presence of a child, if such
191 exposure or sexual act is for the purpose of sexual arousal or
192 gratification, aggression, degradation, or other similar
193 purpose.
194 (g) The sexual exploitation of a child, which includes the
195 act of a child offering to engage in or engaging in
196 prostitution, provided that the child is not under arrest or is
197 not being prosecuted in a delinquency or criminal proceeding for
198 a violation of any offense in chapter 796 based on such
199 behavior; or allowing, encouraging, or forcing a child to:
200 1. Solicit for or engage in prostitution; or
201 2. Engage in a sexual performance, as defined by chapter
202 827; or
203 3. Participate in the trade of sex trafficking as provided
204 in s. 796.035.
205 Section 4. Paragraph (b) of subsection (2) and paragraph
206 (b) of subsection (3) of section 39.401, Florida Statutes, are
207 amended to read:
208 39.401 Taking a child alleged to be dependent into custody;
209 law enforcement officers and authorized agents of the
210 department.—
211 (2) If the law enforcement officer takes the child into
212 custody, that officer shall:
213 (b) Deliver the child to an authorized agent of the
214 department, stating the facts by reason of which the child was
215 taken into custody and sufficient information to establish
216 probable cause that the child is abandoned, abused, or
217 neglected, or otherwise dependent. For such a child for whom
218 there is also probable cause to believe he or she has been
219 sexually exploited, the law enforcement officer shall deliver
220 the child to the department. The department may place the child
221 in an appropriate short-term safe house as provided for in s.
222 409.1678 if a short-term safe house is available.
223
224 For cases involving allegations of abandonment, abuse, or
225 neglect, or other dependency cases, within 3 days after such
226 release or within 3 days after delivering the child to an
227 authorized agent of the department, the law enforcement officer
228 who took the child into custody shall make a full written report
229 to the department.
230 (3) If the child is taken into custody by, or is delivered
231 to, an authorized agent of the department, the agent shall
232 review the facts supporting the removal with an attorney
233 representing the department. The purpose of the review is to
234 determine whether there is probable cause for the filing of a
235 shelter petition.
236 (b) If the facts are sufficient and the child has not been
237 returned to the custody of the parent or legal custodian, the
238 department shall file the petition and schedule a hearing, and
239 the attorney representing the department shall request that a
240 shelter hearing be held within 24 hours after the removal of the
241 child. While awaiting the shelter hearing, the authorized agent
242 of the department may place the child in licensed shelter care,
243 or in a short-term safe house if the child is a sexually
244 exploited child, or may release the child to a parent or legal
245 custodian or responsible adult relative or the adoptive parent
246 of the child’s sibling who shall be given priority consideration
247 over a licensed placement, or a responsible adult approved by
248 the department if this is in the best interests of the child.
249 Placement of a child which is not in a licensed shelter must be
250 preceded by a criminal history records check as required under
251 s. 39.0138. In addition, the department may authorize placement
252 of a housekeeper/homemaker in the home of a child alleged to be
253 dependent until the parent or legal custodian assumes care of
254 the child.
255 Section 5. Section 39.524, Florida Statutes, is created to
256 read:
257 39.524 Safe-harbor placement.—
258 (1) Except as provided in s. 39.407 or s. 985.801, a
259 dependent child 6 years of age or older who has been found to be
260 a victim of sexual exploitation as defined in s. 39.01(67)(g)
261 must be assessed for placement in a safe house as provided in s.
262 409.1678. The assessment shall be conducted by the department or
263 its agent and shall incorporate and address current and
264 historical information from any law enforcement reports;
265 psychological testing or evaluation that has occurred; current
266 and historical information from the guardian ad litem, if one
267 has been assigned; current and historical information from any
268 current therapist, teacher, or other professional who has
269 knowledge of the child and has worked with the child; and any
270 other information concerning the availability and suitability of
271 safe-house placement. If such placement is determined to be
272 appropriate as a result of this assessment, the child may be
273 placed in a safe house, if one is available. As used in this
274 section, the term “available” as it relates to a placement means
275 a placement that is located within the circuit or otherwise
276 reasonably accessible.
277 (2) The results of the assessment described in subsection
278 (1) and the actions taken as a result of the assessment must be
279 included in the next judicial review of the child. At each
280 subsequent judicial review, the court must be advised in writing
281 of the status of the child’s placement, with special reference
282 regarding the stability of the placement and the permanency
283 planning for the child.
284 (3)(a) By December 1 of each year, the department shall
285 report to the Legislature on the placement of children in safe
286 houses during the year, including the criteria used to determine
287 the placement of children, the number of children who were
288 evaluated for placement, the number of children who were placed
289 based upon the evaluation, and the number of children who were
290 not placed.
291 (b) The department shall maintain data specifying the
292 number of children who were referred to a safe house for whom
293 placement was unavailable and the counties in which such
294 placement was unavailable. The department shall include this
295 data in its report under this subsection so that the Legislature
296 may consider this information in developing the General
297 Appropriations Act.
298 Section 6. Section 409.1678, Florida Statutes, is created
299 to read:
300 409.1678 Safe harbor for children who are victims of sexual
301 exploitation.—
302 (1) As used in this section, the term:
303 (a) “Child advocate” means an employee of a short-term safe
304 house who has been trained to work with and advocate for the
305 needs of sexually exploited children. The advocate shall
306 accompany the child to all court appearances, meetings with law
307 enforcement officials, and the state attorney’s office and shall
308 serve as a liaison between the short-term safe house and the
309 court.
310 (b) “Safe house” means a living environment that has set
311 aside gender-specific, separate, and distinct living quarters
312 for sexually exploited children who have been adjudicated
313 dependent or delinquent and need to reside in a secure
314 residential facility with staff members who are awake 24 hours a
315 day. A safe house shall be operated by a licensed family foster
316 home or residential child-caring agency as defined in s.
317 409.175, including a runaway youth center as defined in s.
318 409.441. Each facility must be appropriately licensed in this
319 state as a residential child-caring agency as defined in s.
320 409.175 and must have applied for accreditation within 1 year
321 after being licensed. A safe house serving children who have
322 been sexually exploited must have available staff or contract
323 personnel who have the clinical expertise, credentials, and
324 training to provide services identified in paragraph (2)(b).
325 (c) “Secure” means that a facility providing services is
326 supervised 24 hours a day by staff members who are awake while
327 on duty.
328 (d) “Sexually exploited child” means a dependent child who
329 has suffered sexual exploitation as defined in s. 39.01(67)(g)
330 and is ineligible for relief and benefits under the federal
331 Trafficking Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
332 (e) “Short-term safe house” means a shelter operated by a
333 licensed residential child-caring agency as defined in s.
334 409.175, including a runaway youth center as defined in s.
335 409.441, that has set aside gender-specific, separate, and
336 distinct living quarters for sexually exploited children. In
337 addition to shelter, the house shall provide services and care
338 to sexually exploited children, including food, clothing,
339 medical care, counseling, and appropriate crisis-intervention
340 services at the time they are taken into custody by law
341 enforcement officials or department personnel.
342 (2)(a) Notwithstanding any other law, pursuant to rules of
343 the department, each circuit of the department shall address the
344 child welfare service needs of sexually exploited children as a
345 component of the circuit’s master plan. This determination shall
346 be made in consultation with local law enforcement officials,
347 runaway and homeless youth program providers, local probation
348 departments, local community-based care and social services,
349 local guardians ad litem, public defenders, state attorney’s
350 offices, and child advocates and services providers who work
351 directly with sexually exploited youth.
352 (b) The lead agency, not-for-profit agency, or local
353 governmental entity providing safe-house services is responsible
354 for security, crisis-intervention services, general counseling
355 and victim-witness counseling, a comprehensive assessment,
356 residential care, transportation, access to behavioral health
357 services, recreational activities, food, clothing, supplies,
358 infant care, and miscellaneous expenses associated with caring
359 for these children; for necessary arrangement for or provision
360 of educational services, including life skills services and
361 planning services for the successful transition of residents
362 back to the community; and for ensuring necessary and
363 appropriate health care and dental care.
364 (c) This section does not prohibit any provider of these
365 services from appropriately billing Medicaid for services
366 rendered, from contracting with a local school district for
367 educational services, or from obtaining federal or local funding
368 for services provided, as long as two or more funding sources do
369 not pay for the same specific service that has been provided to
370 a child.
371 (d) The lead agency, not-for-profit agency, or local
372 governmental entity providing safe-house services has the legal
373 authority for children served in a safe-house program, as
374 provided in chapter 39 or this chapter, as appropriate, to
375 enroll the child in school, to sign for a driver license for the
376 child, to cosign loans and insurance for the child, to sign for
377 medical treatment of the child, and to authorize other such
378 activities.
379 (e) All of the services specified in this section may, to
380 the extent possible provided by law and with funding authorized,
381 be available to all sexually exploited children whether they are
382 accessed voluntarily, as a condition of probation, through a
383 diversion program, through a proceeding under chapter 39, or
384 through a referral from a local community-based care or social
385 service agency.
386 (3) The local circuit administrator may, to the extent that
387 funds are available, in conjunction with local law enforcement
388 officials, contract with an appropriate not-for-profit agency
389 having experience working with sexually exploited children to
390 train law enforcement officials who are likely to encounter
391 sexually exploited children in the course of their law
392 enforcement duties on the provisions of this section and how to
393 identify and obtain appropriate services for sexually exploited
394 children. Circuits may work cooperatively to provide such
395 training, and such training may be provided on a regional basis.
396 The department shall assist circuits in obtaining any available
397 funds for the purposes of conducting law enforcement training
398 from the Office of Juvenile Justice and Delinquency Prevention
399 of the United States Department of Justice.
400 (4) The department may adopt rules necessary to administer
401 this section.
402 Section 7. Section 796.07, Florida Statutes, is amended to
403 read:
404 796.07 Prohibiting prostitution and related acts, etc.;
405 evidence; penalties; definitions.—
406 (1) As used in this section:
407 (a) “Prostitution” means the giving or receiving of the
408 body for sexual activity for hire but excludes sexual activity
409 between spouses.
410 (b) “Lewdness” means any indecent or obscene act.
411 (c) “Assignation” means the making of any appointment or
412 engagement for prostitution or lewdness, or any act in
413 furtherance of such appointment or engagement.
414 (d) “Sexual activity” means oral, anal, or vaginal
415 penetration by, or union with, the sexual organ of another; anal
416 or vaginal penetration of another by any other object; or the
417 handling or fondling of the sexual organ of another for the
418 purpose of masturbation; however, the term does not include acts
419 done for bona fide medical purposes.
420 (2) It is unlawful:
421 (a) To own, establish, maintain, or operate any place,
422 structure, building, or conveyance for the purpose of lewdness,
423 assignation, or prostitution.
424 (b) To offer, or to offer or agree to secure, another for
425 the purpose of prostitution or for any other lewd or indecent
426 act.
427 (c) To receive, or to offer or agree to receive, any person
428 into any place, structure, building, or conveyance for the
429 purpose of prostitution, lewdness, or assignation, or to permit
430 any person to remain there for such purpose.
431 (d) To direct, take, or transport, or to offer or agree to
432 direct, take, or transport, any person to any place, structure,
433 or building, or to any other person, with knowledge or
434 reasonable cause to believe that the purpose of such directing,
435 taking, or transporting is prostitution, lewdness, or
436 assignation.
437 (e) To offer to commit, or to commit, or to engage in,
438 prostitution, lewdness, or assignation.
439 (f) To solicit, induce, entice, or procure another to
440 commit prostitution, lewdness, or assignation.
441 (g) To reside in, enter, or remain in, any place,
442 structure, or building, or to enter or remain in any conveyance,
443 for the purpose of prostitution, lewdness, or assignation.
444 (h) To aid, abet, or participate in any of the acts or
445 things enumerated in this subsection.
446 (i) To purchase the services of any person engaged in
447 prostitution.
448 (3)(a) In the trial of a person charged with a violation of
449 this section, testimony concerning the reputation of any place,
450 structure, building, or conveyance involved in the charge,
451 testimony concerning the reputation of any person residing in,
452 operating, or frequenting such place, structure, building, or
453 conveyance, and testimony concerning the reputation of the
454 defendant is admissible in evidence in support of the charge.
455 (b) Notwithstanding any other provision of law, a police
456 officer may testify as an offended party in an action regarding
457 charges filed pursuant to this section.
458 (4) A person who violates any provision of this section
459 commits:
460 (a) A misdemeanor of the second degree for a first
461 violation, punishable as provided in s. 775.082 or s. 775.083.
462 (b) A misdemeanor of the first degree for a second
463 violation, punishable as provided in s. 775.082 or s. 775.083.
464 (c) A felony of the third degree for a third or subsequent
465 violation, punishable as provided in s. 775.082, s. 775.083, or
466 s. 775.084.
467 (5) A person who is charged with a third or subsequent
468 violation of this section shall be offered admission to a
469 pretrial intervention program or a substance-abuse treatment
470 program as provided in s. 948.08.
471 (6) A person who violates paragraph (2)(f) shall be
472 assessed a civil penalty of $5,000 $500 if the violation results
473 in any judicial disposition other than acquittal or dismissal.
474 Of the proceeds from each penalty penalties assessed under this
475 subsection, the first $500 shall be paid to the circuit court
476 administrator for the sole purpose of paying the administrative
477 costs of treatment-based drug court programs provided under s.
478 397.334. The remainder of the penalty assessed shall be
479 deposited in the Operations and Maintenance Trust Fund of the
480 Department of Children and Family Services for the sole purpose
481 of funding safe houses and short-term safe houses as provided in
482 s. 409.1678.
483 Section 8. Section 960.065, Florida Statutes, is amended to
484 read:
485 960.065 Eligibility for awards.—
486 (1) Except as provided in subsection (2), the following
487 persons shall be eligible for awards pursuant to this chapter:
488 (a) A victim.
489 (b) An intervenor.
490 (c) A surviving spouse, parent or guardian, sibling, or
491 child of a deceased victim or intervenor.
492 (d) Any other person who is dependent for his or her
493 principal support upon a deceased victim or intervenor.
494 (2) Any claim filed by or on behalf of a person who:
495 (a) Committed or aided in the commission of the crime upon
496 which the claim for compensation was based;
497 (b) Was engaged in an unlawful activity at the time of the
498 crime upon which the claim for compensation is based;
499 (c) Was in custody or confined, regardless of conviction,
500 in a county or municipal detention facility, a state or federal
501 correctional facility, or a juvenile detention or commitment
502 facility at the time of the crime upon which the claim for
503 compensation is based;
504 (d) Has been adjudicated as a habitual felony offender,
505 habitual violent offender, or violent career criminal under s.
506 775.084; or
507 (e) Has been adjudicated guilty of a forcible felony
508 offense as described in s. 776.08,
509
510 is ineligible shall not be eligible for an award.
511 (3) Any claim filed by or on behalf of a person who was in
512 custody or confined, regardless of adjudication, in a county or
513 municipal facility, a state or federal correctional facility, or
514 a juvenile detention, commitment, or assessment facility at the
515 time of the crime upon which the claim is based, who has been
516 adjudicated as a habitual felony offender under s. 775.084, or
517 who has been adjudicated guilty of a forcible felony offense as
518 described in s. 776.08 renders the person ineligible, shall not
519 be eligible for an award. Notwithstanding the foregoing, upon a
520 finding by the Crime Victims’ Services Office of the existence
521 of mitigating or special circumstances that would render such a
522 disqualification unjust, an award may be approved. A decision
523 that mitigating or special circumstances do not exist in a case
524 subject to this section does shall not constitute final agency
525 action subject to review pursuant to ss. 120.569 and 120.57.
526 (4) Payment may not be made under this chapter if the
527 person who committed the crime upon which the claim is based
528 will receive any direct or indirect financial benefit from such
529 payment, unless such benefit is minimal or inconsequential.
530 Payment may not be denied based on the victim’s familial
531 relationship to the offender or based upon the sharing of a
532 residence by the victim and offender, except to prevent unjust
533 enrichment of the offender.
534 (5) A person is not ineligible for an award pursuant to
535 paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
536 person is a victim of sexual exploitation of a child as defined
537 in s. 39.01(67)(g).
538 Section 9. Paragraph (b) of subsection (2) of section
539 985.115, Florida Statutes, is amended to read:
540 985.115 Release or delivery from custody.—
541 (2) Unless otherwise ordered by the court under s. 985.255
542 or s. 985.26, and unless there is a need to hold the child, a
543 person taking a child into custody shall attempt to release the
544 child as follows:
545 (b) Contingent upon specific appropriation, to a shelter
546 approved by the department or to an authorized agent or short
547 term safe house under s. 39.401(2)(b).
548 Section 10. This act shall take effect January 1, 2013.
549
550 ================= T I T L E A M E N D M E N T ================
551 And the title is amended as follows:
552
553 Delete everything before the enacting clause
554 and insert:
555
556 A bill to be entitled
557 An act relating to sexual exploitation; providing a
558 short title; amending s. 39.001, F.S.; providing
559 legislative intent and goals; conforming cross
560 references; amending s. 39.01, F.S.; revising the
561 definitions of the terms “abuse,” “child who is found
562 to be dependent,” and “sexual abuse of a child”;
563 amending s. 39.401, F.S.; authorizing delivery of
564 children alleged to be dependent and sexually
565 exploited to short-term safe houses; creating s.
566 39.524, F.S.; requiring assessment of certain children
567 for placement in a safe house; providing for use of
568 such assessments; requiring an annual report
569 concerning safe-house placements; creating s.
570 409.1678, F.S.; providing definitions; requiring
571 circuits of the Department of Children and Family
572 Services to address child welfare service needs of
573 sexually exploited children as a component of their
574 master plans; providing duties, responsibilities, and
575 requirements for safe houses and their operators;
576 providing for training for law enforcement officials
577 who are likely to encounter sexually exploited
578 children; authorizing rulemaking; amending s. 796.07,
579 F.S.; providing for an increased civil penalty for
580 soliciting another to commit prostitution or related
581 acts; providing for the disposition of proceeds;
582 amending s. 960.065, F.S.; allowing victim
583 compensation for sexually exploited children; amending
584 s. 985.115, F.S.; conforming provisions; providing an
585 effective date.