Florida Senate - 2012                                     SB 202
       
       
       
       By Senator Flores
       
       
       
       
       38-00292-12                                            2012202__
    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 dependent 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 a child 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; requiring an annual
   24         report concerning safe-house placements; creating s.
   25         409.1678, F.S.; providing definitions; requiring
   26         circuits of the Department of Children and Family
   27         Services to address child welfare service needs of
   28         sexually exploited children as a component of their
   29         master plans; providing duties, responsibilities, and
   30         requirements for safe houses and their operators;
   31         providing for training for law enforcement officials
   32         who are likely to encounter sexually exploited
   33         children; amending s. 796.07, F.S.; providing for an
   34         increased civil penalty for soliciting another to
   35         commit prostitution or related acts; providing for
   36         disposition of proceeds; amending s. 960.065, F.S.;
   37         allowing victim compensation for sexually exploited
   38         children; amending s. 985.115, F.S.; conforming a
   39         provision to changes made by the act; amending ss.
   40         985.145 and 985.15, F.S.; providing a presumption
   41         against filing a delinquency petition for certain
   42         prostitution-related offenses in certain
   43         circumstances; providing an effective date.
   44  
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. This act may be cited as the “Florida Safe
   48  Harbor Act.”
   49         Section 2. Subsections (4) through (12) of section 39.001,
   50  Florida Statutes, are renumbered as subsections (5) through
   51  (13), respectively, paragraph (c) of present subsection (7) and
   52  paragraph (b) of present subsection (9) are amended, and a new
   53  subsection (4) is added to that section, to read:
   54         39.001 Purposes and intent; personnel standards and
   55  screening.—
   56         (4) SEXUAL EXPLOITATION SERVICES.—
   57         (a) The Legislature recognizes that child sexual
   58  exploitation is a serious problem nationwide and in this state.
   59  The children at greatest risk of being sexually exploited are
   60  runaways and throwaways. Many of these children have a history
   61  of abuse and neglect. The vulnerability of these children starts
   62  with isolation from family and friends. Traffickers maintain
   63  control of child victims through psychological manipulation,
   64  force, drug addiction, or the exploitation of economic,
   65  physical, or emotional vulnerability. Children exploited through
   66  the sex trade often find it difficult to trust adults because of
   67  their abusive experiences. These children make up a population
   68  that is difficult to serve and even more difficult to
   69  rehabilitate. Although minors are by law unable to consent to
   70  sexual activity, they are most often treated as perpetrators of
   71  crime rather than victims. Moreover, the historical treatment of
   72  such children as delinquents has too often resulted in the
   73  failure to successfully prosecute the trafficker, who is the
   74  true wrongdoer and threat to society.
   75         (b) The Legislature establishes the following goals for the
   76  state related to the status and treatment of sexually exploited
   77  children in the dependency process:
   78         1. To ensure the safety of children.
   79         2. To provide for the treatment of such children as
   80  dependent children rather than as delinquents.
   81         3. To sever the bond between exploited children and
   82  traffickers and to reunite these children with their families or
   83  provide them with appropriate guardians.
   84         4. To enable such children to be willing and reliable
   85  witnesses in the prosecution of traffickers.
   86         (c) The Legislature finds that sexually exploited children
   87  need special care and services in the dependency process,
   88  including counseling, health care, substance abuse treatment,
   89  educational opportunities, and a safe environment secure from
   90  traffickers.
   91         (d) The Legislature further finds that sexually exploited
   92  children need the special care and services described in
   93  paragraph (c) independent of their citizenship, residency,
   94  alien, or immigrant status. It is the intent of the Legislature
   95  that this state provide such care and services to all sexually
   96  exploited children in this state who are not otherwise receiving
   97  comparable services, such as those under the federal Trafficking
   98  Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
   99         (8)(7) OFFICE OF ADOPTION AND CHILD PROTECTION.—
  100         (c) The office is authorized and directed to:
  101         1. Oversee the preparation and implementation of the state
  102  plan established under subsection (9) (8) and revise and update
  103  the state plan as necessary.
  104         2. Provide for or make available continuing professional
  105  education and training in the prevention of child abuse and
  106  neglect.
  107         3. Work to secure funding in the form of appropriations,
  108  gifts, and grants from the state, the Federal Government, and
  109  other public and private sources in order to ensure that
  110  sufficient funds are available for the promotion of adoption,
  111  support of adoptive families, and child abuse prevention
  112  efforts.
  113         4. Make recommendations pertaining to agreements or
  114  contracts for the establishment and development of:
  115         a. Programs and services for the promotion of adoption,
  116  support of adoptive families, and prevention of child abuse and
  117  neglect.
  118         b. Training programs for the prevention of child abuse and
  119  neglect.
  120         c. Multidisciplinary and discipline-specific training
  121  programs for professionals with responsibilities affecting
  122  children, young adults, and families.
  123         d. Efforts to promote adoption.
  124         e. Postadoptive services to support adoptive families.
  125         5. Monitor, evaluate, and review the development and
  126  quality of local and statewide services and programs for the
  127  promotion of adoption, support of adoptive families, and
  128  prevention of child abuse and neglect and shall publish and
  129  distribute an annual report of its findings on or before January
  130  1 of each year to the Governor, the Speaker of the House of
  131  Representatives, the President of the Senate, the head of each
  132  state agency affected by the report, and the appropriate
  133  substantive committees of the Legislature. The report shall
  134  include:
  135         a. A summary of the activities of the office.
  136         b. A summary of the adoption data collected and reported to
  137  the federal Adoption and Foster Care Analysis and Reporting
  138  System (AFCARS) and the federal Administration for Children and
  139  Families.
  140         c. A summary of the child abuse prevention data collected
  141  and reported to the National Child Abuse and Neglect Data System
  142  (NCANDS) and the federal Administration for Children and
  143  Families.
  144         d. A summary detailing the timeliness of the adoption
  145  process for children adopted from within the child welfare
  146  system.
  147         e. Recommendations, by state agency, for the further
  148  development and improvement of services and programs for the
  149  promotion of adoption, support of adoptive families, and
  150  prevention of child abuse and neglect.
  151         f. Budget requests, adoption promotion and support needs,
  152  and child abuse prevention program needs by state agency.
  153         6. Work with the direct-support organization established
  154  under s. 39.0011 to receive financial assistance.
  155         (10)(9) FUNDING AND SUBSEQUENT PLANS.—
  156         (b) The office and the other agencies and organizations
  157  listed in paragraph (9)(8)(a) shall readdress the state plan and
  158  make necessary revisions every 5 years, at a minimum. Such
  159  revisions shall be submitted to the Speaker of the House of
  160  Representatives and the President of the Senate no later than
  161  June 30 of each year divisible by 5. At least biennially, the
  162  office shall review the state plan and make any necessary
  163  revisions based on changing needs and program evaluation
  164  results. An annual progress report shall be submitted to update
  165  the state plan in the years between the 5-year intervals. In
  166  order to avoid duplication of effort, these required plans may
  167  be made a part of or merged with other plans required by either
  168  the state or Federal Government, so long as the portions of the
  169  other state or Federal Government plan that constitute the state
  170  plan for the promotion of adoption, support of adoptive
  171  families, and prevention of child abuse, abandonment, and
  172  neglect are clearly identified as such and are provided to the
  173  Speaker of the House of Representatives and the President of the
  174  Senate as required above.
  175         Section 3. Subsections (2) and (15) and paragraph (g) of
  176  subsection (67) of section 39.01, Florida Statutes, are amended
  177  to read:
  178         39.01 Definitions.—When used in this chapter, unless the
  179  context otherwise requires:
  180         (2) “Abuse” means any willful act or threatened act that
  181  results in any physical, mental, or sexual abuse, injury, or
  182  harm that causes or is likely to cause the child’s physical,
  183  mental, or emotional health to be significantly impaired. Abuse
  184  of a child includes acts or omissions. Corporal discipline of a
  185  child by a parent or legal custodian for disciplinary purposes
  186  does not in itself constitute abuse when it does not result in
  187  harm to the child.
  188         (15) “Child who is found to be dependent” means a child
  189  who, pursuant to this chapter, is found by the court:
  190         (a) To have been abandoned, abused, or neglected by the
  191  child’s parent or parents or legal custodians;
  192         (b) To have been surrendered to the department, the former
  193  Department of Health and Rehabilitative Services, or a licensed
  194  child-placing agency for purpose of adoption;
  195         (c) To have been voluntarily placed with a licensed child
  196  caring agency, a licensed child-placing agency, an adult
  197  relative, the department, or the former Department of Health and
  198  Rehabilitative Services, after which placement, under the
  199  requirements of this chapter, a case plan has expired and the
  200  parent or parents or legal custodians have failed to
  201  substantially comply with the requirements of the plan;
  202         (d) To have been voluntarily placed with a licensed child
  203  placing agency for the purposes of subsequent adoption, and a
  204  parent or parents have signed a consent pursuant to the Florida
  205  Rules of Juvenile Procedure;
  206         (e) To have no parent or legal custodians capable of
  207  providing supervision and care; or
  208         (f) To be at substantial risk of imminent abuse,
  209  abandonment, or neglect by the parent or parents or legal
  210  custodians; or
  211         (g) To have been sexually exploited and to have no parent,
  212  legal custodian, or responsible adult relative currently known
  213  and capable of providing the necessary and appropriate
  214  supervision and care.
  215         (67) “Sexual abuse of a child” means one or more of the
  216  following acts:
  217         (g) The sexual exploitation of a child, which includes the
  218  act of a child offering to engage in or engaging in
  219  prostitution; or allowing, encouraging, or forcing a child to:
  220         1. Solicit for or engage in prostitution; or
  221         2. Engage in a sexual performance, as defined by chapter
  222  827; or
  223         3. Participate in the trade of sex trafficking as provided
  224  in s. 796.035.
  225         Section 4. Paragraph (b) of subsection (2) and paragraph
  226  (b) of subsection (3) of section 39.401, Florida Statutes, are
  227  amended to read:
  228         39.401 Taking a child alleged to be dependent into custody;
  229  law enforcement officers and authorized agents of the
  230  department.—
  231         (2) If the law enforcement officer takes the child into
  232  custody, that officer shall:
  233         (b) Deliver the child to an authorized agent of the
  234  department, stating the facts by reason of which the child was
  235  taken into custody and sufficient information to establish
  236  probable cause that the child is abandoned, abused, or
  237  neglected, or otherwise dependent. In the case of a child for
  238  whom there is probable cause to believe he or she has been
  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) apply applies and the court has made a specific finding of
  281  fact regarding the necessity for removal of the child from the
  282  home and has made a determination that the provision of
  283  appropriate and available services will not eliminate the need
  284  for placement. In the case of a child who is alleged to have
  285  been 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;
  301         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;
  347         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 any child who
  418  has been found to be a victim of sexual exploitation as defined
  419  in s. 39.01(67)(g) meets the terms of this sub-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 one is available. As used in this
  490  section, the term “available” as it relates to a placement means
  491  a placement that is located within the circuit or that is
  492  otherwise reasonably accessible.
  493         (2) The results of the assessment described in subsection
  494  (1) and the actions taken as a result of the assessment must be
  495  included in the next judicial review of the child. At each
  496  subsequent judicial review, the court must be advised in writing
  497  of the status of the child’s placement, with special reference
  498  regarding the stability of the placement and the permanency
  499  planning for the child.
  500         (3) Any safe house that receives children under this
  501  section shall establish special permanency teams dedicated to
  502  overcoming the special permanency challenges presented by this
  503  population of children. Each facility shall report to the
  504  department its success in achieving permanency for children
  505  placed by the department in its care at intervals that allow the
  506  current information to be provided to the court at each judicial
  507  review for the child.
  508         (4)(a) By December 1 of each year, the department shall
  509  report to the Legislature on the placement of children in safe
  510  houses during the year, including the criteria used to determine
  511  the placement of children, the number of children who were
  512  evaluated for placement, the number of children who were placed
  513  based upon the evaluation, and the number of children who were
  514  not placed.
  515         (b) The department shall maintain data specifying the
  516  number of children who were referred to a safe house for whom
  517  placement was unavailable and the counties in which such
  518  placement was unavailable. The department shall include this
  519  data in its report under this subsection so that the Legislature
  520  may consider this information in developing the General
  521  Appropriations Act.
  522         Section 8. Section 409.1678, Florida Statutes, is created
  523  to read:
  524         409.1678 Safe harbor for children who are victims of sexual
  525  exploitation.—
  526         (1) As used in this section, the term:
  527         (a) “Child advocate” means an employee of a short-term safe
  528  house who has been trained to work with and advocate for the
  529  needs of sexually exploited children. The advocate shall
  530  accompany the child to all court appearances, meetings with law
  531  enforcement, and the state attorney’s office and shall serve as
  532  a liaison between the short-term safe house and the court.
  533         (b) “Safe house” means a living environment that has set
  534  aside gender-specific, separate, and distinct living quarters
  535  for sexually exploited children who have been adjudicated
  536  dependent or delinquent and need to reside in a secure
  537  residential facility with staff members awake 24 hours a day. A
  538  safe house shall be operated by a licensed family foster home or
  539  residential child-caring agency as defined in s. 409.175,
  540  including a runaway youth center as defined in s. 409.441. Each
  541  facility must be appropriately licensed in this state as a
  542  residential child-caring agency as defined in s. 409.175 and
  543  must be accredited by July 1, 2013. A safe house serving
  544  children who have been sexually exploited must have available
  545  staff or contract personnel with the clinical expertise,
  546  credentials, and training to provide services identified in
  547  paragraph (2)(b).
  548         (c) “Secure” means that a child is supervised 24 hours a
  549  day by staff members who are awake while on duty.
  550         (d) “Sexually exploited child” means a dependent child who
  551  has suffered sexual exploitation as defined in s. 39.01(67)(g)
  552  and is ineligible for relief and benefits under the federal
  553  Trafficking Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
  554         (e) “Short-term safe house” means a shelter operated by a
  555  licensed residential child-caring agency as defined in s.
  556  409.175, including a runaway youth center as defined in s.
  557  409.441, that has set aside gender-specific, separate, and
  558  distinct living quarters for sexually exploited children. In
  559  addition to shelter, the house shall provide services and care
  560  to sexually exploited children, including food, clothing,
  561  medical care, counseling, and appropriate crisis intervention
  562  services at the time they are taken into custody by law
  563  enforcement or the department.
  564         (2)(a) Notwithstanding any other provision of law, pursuant
  565  to regulations of the department, every circuit of the
  566  department shall address the child welfare service needs of
  567  sexually exploited children as a component of the circuit’s
  568  master plan. This determination shall be made in consultation
  569  with local law enforcement, runaway and homeless youth program
  570  providers, local probation departments, local community-based
  571  care and social services, local guardians ad litem, public
  572  defenders, state attorney’s offices, and child advocates and
  573  services providers who work directly with sexually exploited
  574  youth.
  575         (b) The lead agency, not-for-profit agency, or local
  576  government entity providing safe-house services is responsible
  577  for security, crisis intervention services, general counseling
  578  and victim-witness counseling, a comprehensive assessment,
  579  residential care, transportation, access to behavioral health
  580  services, recreational activities, food, clothing, supplies,
  581  infant care, and miscellaneous expenses associated with caring
  582  for these children; for necessary arrangement for or provision
  583  of educational services, including life skills services and
  584  planning services to successfully transition residents back to
  585  the community; and for ensuring necessary and appropriate health
  586  and dental care.
  587         (c) This section does not prohibit any provider of these
  588  services from appropriately billing Medicaid for services
  589  rendered, from contracting with a local school district for
  590  educational services, or from obtaining federal or local funding
  591  for services provided, as long as two or more funding sources do
  592  not pay for the same specific service that has been provided to
  593  a child.
  594         (d) The lead agency, not-for-profit agency, or local
  595  government entity providing safe-house services has the legal
  596  authority for children served in a safe-house program, as
  597  provided in chapter 39 or this chapter, as appropriate, to
  598  enroll the child in school, to sign for a driver’s license for
  599  the child, to cosign loans and insurance for the child, to sign
  600  for medical treatment of the child, and to authorize other such
  601  activities.
  602         (e) All of the services created under this section may, to
  603  the extent possible provided by law, be available to all
  604  sexually exploited children whether they are accessed
  605  voluntarily, as a condition of probation, through a diversion
  606  program, through a proceeding under chapter 39, or through a
  607  referral from a local community-based care or social service
  608  agency.
  609         (3) The local circuit administrator may, to the extent that
  610  funds are available, in conjunction with local law enforcement
  611  officials, contract with an appropriate not-for-profit agency
  612  having experience working with sexually exploited children to
  613  train law enforcement officials who are likely to encounter
  614  sexually exploited children in the course of their law
  615  enforcement duties on the provisions of this section and how to
  616  identify and obtain appropriate services for sexually exploited
  617  children. Circuits may work cooperatively to provide such
  618  training, and such training may be provided on a regional basis.
  619  The department shall assist circuits in obtaining any available
  620  funds for the purposes of conducting law enforcement training
  621  from the Office of Juvenile Justice and Delinquency Prevention
  622  of the United States Department of Justice.
  623         Section 9. Section 796.07, Florida Statutes, is amended to
  624  read:
  625         796.07 Prohibiting prostitution and related acts, etc.;
  626  evidence; penalties; definitions.—
  627         (1) As used in this section:
  628         (a) “Prostitution” means the giving or receiving of the
  629  body for sexual activity for hire but excludes sexual activity
  630  between spouses.
  631         (b) “Lewdness” means any indecent or obscene act.
  632         (c) “Assignation” means the making of any appointment or
  633  engagement for prostitution or lewdness, or any act in
  634  furtherance of such appointment or engagement.
  635         (d) “Sexual activity” means oral, anal, or vaginal
  636  penetration by, or union with, the sexual organ of another; anal
  637  or vaginal penetration of another by any other object; or the
  638  handling or fondling of the sexual organ of another for the
  639  purpose of masturbation; however, the term does not include acts
  640  done for bona fide medical purposes.
  641         (2) It is unlawful:
  642         (a) To own, establish, maintain, or operate any place,
  643  structure, building, or conveyance for the purpose of lewdness,
  644  assignation, or prostitution.
  645         (b) To offer, or to offer or agree to secure, another for
  646  the purpose of prostitution or for any other lewd or indecent
  647  act.
  648         (c) To receive, or to offer or agree to receive, any person
  649  into any place, structure, building, or conveyance for the
  650  purpose of prostitution, lewdness, or assignation, or to permit
  651  any person to remain there for such purpose.
  652         (d) To direct, take, or transport, or to offer or agree to
  653  direct, take, or transport, any person to any place, structure,
  654  or building, or to any other person, with knowledge or
  655  reasonable cause to believe that the purpose of such directing,
  656  taking, or transporting is prostitution, lewdness, or
  657  assignation.
  658         (e) To offer to commit, or to commit, or to engage in,
  659  prostitution, lewdness, or assignation.
  660         (f) To solicit, induce, entice, or procure another to
  661  commit prostitution, lewdness, or assignation.
  662         (g) To reside in, enter, or remain in, any place,
  663  structure, or building, or to enter or remain in any conveyance,
  664  for the purpose of prostitution, lewdness, or assignation.
  665         (h) To aid, abet, or participate in any of the acts or
  666  things enumerated in this subsection.
  667         (i) To purchase the services of any person engaged in
  668  prostitution.
  669         (3)(a) In the trial of a person charged with a violation of
  670  this section, testimony concerning the reputation of any place,
  671  structure, building, or conveyance involved in the charge,
  672  testimony concerning the reputation of any person residing in,
  673  operating, or frequenting such place, structure, building, or
  674  conveyance, and testimony concerning the reputation of the
  675  defendant is admissible in evidence in support of the charge.
  676         (b) Notwithstanding any other provision of law, a police
  677  officer may testify as an offended party in an action regarding
  678  charges filed pursuant to this section.
  679         (4) A person who violates any provision of this section
  680  commits:
  681         (a) A misdemeanor of the second degree for a first
  682  violation, punishable as provided in s. 775.082 or s. 775.083.
  683         (b) A misdemeanor of the first degree for a second
  684  violation, punishable as provided in s. 775.082 or s. 775.083.
  685         (c) A felony of the third degree for a third or subsequent
  686  violation, punishable as provided in s. 775.082, s. 775.083, or
  687  s. 775.084.
  688         (5) A person who is charged with a third or subsequent
  689  violation of this section shall be offered admission to a
  690  pretrial intervention program or a substance-abuse treatment
  691  program as provided in s. 948.08.
  692         (6) A person who violates paragraph (2)(f) shall be
  693  assessed a civil penalty of $5,000 $500 if the violation results
  694  in any judicial disposition other than acquittal or dismissal.
  695  Of the proceeds from each penalty penalties assessed under this
  696  subsection, $500 shall be paid to the circuit court
  697  administrator for the sole purpose of paying the administrative
  698  costs of treatment-based drug court programs provided under s.
  699  397.334 and $4,500 shall be paid to the Department of Children
  700  and Family Services for the sole purpose of funding safe houses
  701  and short-term safe houses as provided in s. 409.1678.
  702         Section 10. Section 960.065, Florida Statutes, is amended
  703  to read:
  704         960.065 Eligibility for awards.—
  705         (1) Except as provided in subsection (2), the following
  706  persons shall be eligible for awards pursuant to this chapter:
  707         (a) A victim.
  708         (b) An intervenor.
  709         (c) A surviving spouse, parent or guardian, sibling, or
  710  child of a deceased victim or intervenor.
  711         (d) Any other person who is dependent for his or her
  712  principal support upon a deceased victim or intervenor.
  713         (2) Any claim filed by or on behalf of a person who:
  714         (a) Committed or aided in the commission of the crime upon
  715  which the claim for compensation was based;
  716         (b) Was engaged in an unlawful activity at the time of the
  717  crime upon which the claim for compensation is based;
  718         (c) Was in custody or confined, regardless of conviction,
  719  in a county or municipal detention facility, a state or federal
  720  correctional facility, or a juvenile detention or commitment
  721  facility at the time of the crime upon which the claim for
  722  compensation is based;
  723         (d) Has been adjudicated as a habitual felony offender,
  724  habitual violent offender, or violent career criminal under s.
  725  775.084; or
  726         (e) Has been adjudicated guilty of a forcible felony
  727  offense as described in s. 776.08,
  728  
  729  is ineligible shall not be eligible for an award.
  730         (3) Any claim filed by or on behalf of a person who was in
  731  custody or confined, regardless of adjudication, in a county or
  732  municipal facility, a state or federal correctional facility, or
  733  a juvenile detention, commitment, or assessment facility at the
  734  time of the crime upon which the claim is based, who has been
  735  adjudicated as a habitual felony offender under s. 775.084, or
  736  who has been adjudicated guilty of a forcible felony offense as
  737  described in s. 776.08, renders the person ineligible shall not
  738  be eligible for an award. Notwithstanding the foregoing, upon a
  739  finding by the Crime Victims’ Services Office of the existence
  740  of mitigating or special circumstances that would render such a
  741  disqualification unjust, an award may be approved. A decision
  742  that mitigating or special circumstances do not exist in a case
  743  subject to this section does shall not constitute final agency
  744  action subject to review pursuant to ss. 120.569 and 120.57.
  745         (4) Payment may not be made under this chapter if the
  746  person who committed the crime upon which the claim is based
  747  will receive any direct or indirect financial benefit from such
  748  payment, unless such benefit is minimal or inconsequential.
  749  Payment may not be denied based on the victim’s familial
  750  relationship to the offender or based upon the sharing of a
  751  residence by the victim and offender, except to prevent unjust
  752  enrichment of the offender.
  753         (5) A person is not ineligible for an award pursuant to
  754  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
  755  person is a victim of sexual exploitation of a child as defined
  756  in s. 39.01(67)(g).
  757         Section 11. Paragraph (b) of subsection (2) of section
  758  985.115, Florida Statutes, is amended to read:
  759         985.115 Release or delivery from custody.—
  760         (2) Unless otherwise ordered by the court under s. 985.255
  761  or s. 985.26, and unless there is a need to hold the child, a
  762  person taking a child into custody shall attempt to release the
  763  child as follows:
  764         (b) Contingent upon specific appropriation, to a shelter
  765  approved by the department or to an authorized agent or short
  766  term safe house under s. 39.401(2)(b).
  767         Section 12. Paragraph (i) of subsection (1) of section
  768  985.145, Florida Statutes, is amended to read:
  769         985.145 Responsibilities of juvenile probation officer
  770  during intake; screenings and assessments.—
  771         (1) The juvenile probation officer shall serve as the
  772  primary case manager for the purpose of managing, coordinating,
  773  and monitoring the services provided to the child. Each program
  774  administrator within the Department of Children and Family
  775  Services shall cooperate with the primary case manager in
  776  carrying out the duties and responsibilities described in this
  777  section. In addition to duties specified in other sections and
  778  through departmental rules, the assigned juvenile probation
  779  officer shall be responsible for the following:
  780         (i) Recommendation concerning a petition.—Upon determining
  781  that the report, affidavit, or complaint complies with the
  782  standards of a probable cause affidavit and that the interests
  783  of the child and the public will be best served, the juvenile
  784  probation officer may recommend that a delinquency petition not
  785  be filed. If such a recommendation is made, the juvenile
  786  probation officer shall advise in writing the person or agency
  787  making the report, affidavit, or complaint, the victim, if any,
  788  and the law enforcement agency having investigative jurisdiction
  789  over the offense of the recommendation; the reasons therefor;
  790  and that the person or agency may submit, within 10 days after
  791  the receipt of such notice, the report, affidavit, or complaint
  792  to the state attorney for special review. In the case of a
  793  report, affidavit, or complaint alleging a violation of s.
  794  796.07(2)(f), there is a presumption that the juvenile probation
  795  officer recommend that a petition not be filed unless the child
  796  has previously been adjudicated delinquent. The state attorney,
  797  upon receiving a request for special review, shall consider the
  798  facts presented by the report, affidavit, or complaint, and by
  799  the juvenile probation officer who made the recommendation that
  800  no petition be filed, before making a final decision as to
  801  whether a petition or information should or should not be filed.
  802         Section 13. Subsection (1) of section 985.15, Florida
  803  Statutes, is amended to read:
  804         985.15 Filing decisions.—
  805         (1) The state attorney may in all cases take action
  806  independent of the action or lack of action of the juvenile
  807  probation officer and shall determine the action that is in the
  808  best interest of the public and the child. If the child meets
  809  the criteria requiring prosecution as an adult under s. 985.556,
  810  the state attorney shall request the court to transfer and
  811  certify the child for prosecution as an adult or shall provide
  812  written reasons to the court for not making such a request. In
  813  all other cases, the state attorney may:
  814         (a) File a petition for dependency;
  815         (b) File a petition under chapter 984;
  816         (c) File a petition for delinquency. In the case of a
  817  report, affidavit, or complaint alleging a violation of s.
  818  796.07(2)(f), there is a presumption that a petition not be
  819  filed unless the child has previously been adjudicated
  820  delinquent;
  821         (d) File a petition for delinquency with a motion to
  822  transfer and certify the child for prosecution as an adult;
  823         (e) File an information under s. 985.557;
  824         (f) Refer the case to a grand jury;
  825         (g) Refer the child to a diversionary, pretrial
  826  intervention, arbitration, or mediation program, or to some
  827  other treatment or care program if such program commitment is
  828  voluntarily accepted by the child or the child’s parents or
  829  legal guardian; or
  830         (h) Decline to file.
  831         Section 14. This act shall take effect January 1, 2013.