CS for CS for SB 852                       First Engrossed (ntc)
       
       
       
       
       
       
       
       
       2017852e1
       
    1                        A bill to be entitled                      
    2         An act relating to human trafficking; amending s.
    3         39.524, F.S.; requiring the Department of Children and
    4         Families or a sheriff’s office to conduct a
    5         multidisciplinary staffing on child victims of
    6         commercial sexual exploitation to determine the
    7         child’s service and placement needs; revising the date
    8         by which the department or sheriff’s office must
    9         submit a report to the Legislature on child commercial
   10         sexual exploitation and safe-harbor placements;
   11         revising the contents of the report, including
   12         recommendations by the Office of Program Policy
   13         Analysis and Government Accountability study on
   14         commercial sexual exploitation of children; requiring
   15         the department to maintain certain data on the child
   16         victims; amending s. 92.565, F.S.; adding commercial
   17         sexual activity as a crime in which the defendant’s
   18         admission is admissible during trial; amending s.
   19         409.016, F.S.; defining the term “commercial sexual
   20         exploitation”; amending s. 409.1678, F.S.; deleting
   21         the term “sexually exploited child”; removing an
   22         obsolete date; conforming provisions to changes made
   23         by the act; amending s. 409.1754, F.S.; requiring the
   24         department or sheriff’s office to conduct
   25         multidisciplinary staffings for child victims;
   26         requiring a service plan for all victims of child
   27         commercial sexual exploitation; requiring the
   28         department or sheriff’s office to follow up on all
   29         victims of child commercial sexual exploitation within
   30         a specified timeframe; amending s. 464.013, F.S.;
   31         revising the continuing medical education course
   32         requirements for certain relicensures or
   33         recertifications to include a course in human
   34         trafficking; providing requirements and procedures for
   35         the course; amending s. 907.041, F.S.; adding human
   36         trafficking to the list of crimes requiring pretrial
   37         detention of the defendant; reenacting s.
   38         790.065(2)(c), F.S., relating to the sale and delivery
   39         of firearms to incorporate the amendment made to s.
   40         907.041, F.S., in a reference thereto; providing an
   41         effective date.
   42          
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Section 39.524, Florida Statutes, is amended to
   46  read:
   47         39.524 Safe-harbor placement.—
   48         (1) Except as provided in s. 39.407 or s. 985.801, a
   49  dependent child 6 years of age or older who is suspected of
   50  being or has been found to be a victim of commercial sexual
   51  exploitation as defined in s. 409.016 s. 39.01(70)(g) must be
   52  assessed, and the department or a sheriff’s office acting under
   53  s. 39.3065 must conduct a multidisciplinary staffing pursuant to
   54  s. 409.1754(2), to determine the child’s need for services and
   55  his or her need for placement in a safe house or safe foster
   56  home as provided in s. 409.1678 using the initial screening and
   57  assessment instruments provided in s. 409.1754(1). If such
   58  placement is determined to be appropriate for the child as a
   59  result of this assessment, the child may be placed in a safe
   60  house or safe foster home, if one is available. However, the
   61  child may be placed in another setting, if the other setting is
   62  more appropriate to the child’s needs or if a safe house or safe
   63  foster home is unavailable, as long as the child’s behaviors are
   64  managed so as not to endanger other children served in that
   65  setting.
   66         (2) The results of the assessment described in s.
   67  409.1754(1), the multidisciplinary staffing described in s.
   68  409.1754(2), and the actions taken as a result of the assessment
   69  must be included in the disposition hearing or next judicial
   70  review of the child. At each subsequent judicial review, the
   71  court must be advised in writing of the status of the child’s
   72  placement, with special reference regarding the stability of the
   73  placement, any specialized services, and the permanency planning
   74  for the child.
   75         (3)(a) By October December 1 of each year, the department,
   76  with information from community-based care agencies and certain
   77  sheriff’s offices acting under s. 39.3065, shall report to the
   78  Legislature on the prevalence of child commercial sexual
   79  exploitation; the specialized services provided and placement of
   80  such children; the local service capacity assessed pursuant to
   81  s. 409.1754; the placement of children in safe houses and safe
   82  foster homes during the year, including the criteria used to
   83  determine the placement of children;, the number of children who
   84  were evaluated for placement;, the number of children who were
   85  placed based upon the evaluation;, and the number of children
   86  who were not placed; and the department’s response to the
   87  findings and recommendations made by the Office of Program
   88  Policy Analysis and Government Accountability in its annual
   89  study on commercial sexual exploitation of children, as required
   90  by s. 409.16791.
   91         (b) The department shall maintain data specifying the
   92  number of children who were verified as victims of commercial
   93  sexual exploitation, who were referred to nonresidential
   94  services in the community, who were placed in a safe house or
   95  safe foster home, and who were referred to a safe house or safe
   96  foster home for whom placement was unavailable, and shall
   97  identify the counties in which such placement was unavailable.
   98  The department shall include this data in its report under this
   99  subsection so that the Legislature may consider this information
  100  in developing the General Appropriations Act.
  101         Section 2. Subsection (2) of section 92.565, Florida
  102  Statutes, is amended to read:
  103         92.565 Admissibility of confession in sexual abuse cases.—
  104         (2) In any criminal action in which the defendant is
  105  charged with a crime against a victim under s. 787.06(3),
  106  involving commercial sexual activity; s. 794.011; s. 794.05; s.
  107  800.04; s. 826.04; s. 827.03, involving sexual abuse; s. 827.04,
  108  involving sexual abuse; s. 827.071; or s. 847.0135(5), or any
  109  other crime involving sexual abuse of another, or with any
  110  attempt, solicitation, or conspiracy to commit any of these
  111  crimes, the defendant’s memorialized confession or admission is
  112  admissible during trial without the state having to prove a
  113  corpus delicti of the crime if the court finds in a hearing
  114  conducted outside the presence of the jury that the state is
  115  unable to show the existence of each element of the crime, and
  116  having so found, further finds that the defendant’s confession
  117  or admission is trustworthy. Factors which may be relevant in
  118  determining whether the state is unable to show the existence of
  119  each element of the crime include, but are not limited to, the
  120  fact that, at the time the crime was committed, the victim was:
  121         (a) Physically helpless, mentally incapacitated, or
  122  mentally defective, as those terms are defined in s. 794.011;
  123         (b) Physically incapacitated due to age, infirmity, or any
  124  other cause; or
  125         (c) Less than 12 years of age.
  126         Section 3. Present subsections (1), (2), and (3) of section
  127  409.016, Florida Statutes, are redesignated as subsections (2),
  128  (3), and (4), respectively, and a new subsection (1) is added to
  129  that section, to read:
  130         409.016 Definitions.—As used in this chapter:
  131         (1) “Commercial sexual exploitation” means the use of any
  132  person under the age of 18 years for sexual purposes in exchange
  133  for money, goods, or services or the promise of money, goods, or
  134  services.
  135         Section 4. Section 409.1678, Florida Statutes, is amended
  136  to read:
  137         409.1678 Specialized residential options for children who
  138  are victims of commercial sexual exploitation.—
  139         (1) DEFINITIONS.—As used in this section, the term:
  140         (a) “Safe foster home” means a foster home certified by the
  141  department under this section to care for sexually exploited
  142  children.
  143         (b) “Safe house” means a group residential placement
  144  certified by the department under this section to care for
  145  sexually exploited children.
  146         (c)“Sexually exploited child” means a child who has
  147  suffered sexual exploitation as defined in s. 39.01(70)(g) and
  148  is ineligible for relief and benefits under the federal
  149  Trafficking Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
  150         (2) CERTIFICATION OF SAFE HOUSES AND SAFE FOSTER HOMES.—
  151         (a) A safe house and a safe foster home shall provide a
  152  safe, separate, and therapeutic environment tailored to the
  153  needs of commercially sexually exploited children who have
  154  endured significant trauma and are not eligible for relief and
  155  benefits under the federal Trafficking Victims Protection Act,
  156  22 U.S.C. ss. 7101 et seq. Safe houses and safe foster homes
  157  shall use a model of treatment that includes strength-based and
  158  trauma-informed approaches.
  159         (b) A safe house or a safe foster home must be certified by
  160  the department. A residential facility accepting state funds
  161  appropriated to provide services to sexually exploited children
  162  or child victims of commercial sexual exploitation sex
  163  trafficking must be certified by the department as a safe house
  164  or a safe foster home. An entity may not use the designation
  165  “safe house” or “safe foster home” and hold itself out as
  166  serving child victims of commercial sexual exploitation sexually
  167  exploited children unless the entity is certified under this
  168  section.
  169         (c) To be certified, a safe house must hold a license as a
  170  residential child-caring agency, as defined in s. 409.175, and a
  171  safe foster home must hold a license as a family foster home, as
  172  defined in s. 409.175. A safe house or safe foster home must
  173  also:
  174         1. Use strength-based and trauma-informed approaches to
  175  care, to the extent possible and appropriate.
  176         2. Serve exclusively one sex.
  177         3. Group child victims of commercial sexual exploitation
  178  sexually exploited children by age or maturity level.
  179         4. Care for child victims of commercial sexual exploitation
  180  sexually exploited children in a manner that separates those
  181  children from children with other needs. Safe houses and safe
  182  foster homes may care for other populations if the children who
  183  have not experienced commercial sexual exploitation do not
  184  interact with children who have experienced commercial sexual
  185  exploitation.
  186         5. Have awake staff members on duty 24 hours a day, if a
  187  safe house.
  188         6. Provide appropriate security through facility design,
  189  hardware, technology, staffing, and siting, including, but not
  190  limited to, external video monitoring or door exit alarms, a
  191  high staff-to-client ratio, or being situated in a remote
  192  location that is isolated from major transportation centers and
  193  common trafficking areas.
  194         7. Meet other criteria established by department rule,
  195  which may include, but are not limited to, personnel
  196  qualifications, staffing ratios, and types of services offered.
  197         (d) Safe houses and safe foster homes shall provide
  198  services tailored to the needs of child victims of commercial
  199  sexual exploitation sexually exploited children and shall
  200  conduct a comprehensive assessment of the service needs of each
  201  resident. In addition to the services required to be provided by
  202  residential child caring agencies and family foster homes, safe
  203  houses and safe foster homes must provide, arrange for, or
  204  coordinate, at a minimum, the following services:
  205         1. Victim-witness counseling.
  206         2. Family counseling.
  207         3. Behavioral health care.
  208         4. Treatment and intervention for sexual assault.
  209         5. Education tailored to the child’s individual needs,
  210  including remedial education if necessary.
  211         6. Life skills and workforce training.
  212         7. Mentoring by a survivor of commercial sexual
  213  exploitation, if available and appropriate for the child.
  214         8. Substance abuse screening and, when necessary, access to
  215  treatment.
  216         9. Planning services for the successful transition of each
  217  child back to the community.
  218         10. Activities structured in a manner that provides child
  219  victims of commercial sexual exploitation sexually exploited
  220  children with a full schedule.
  221         (e) The community-based care lead agencies shall ensure
  222  that foster parents of safe foster homes and staff of safe
  223  houses complete intensive training regarding, at a minimum, the
  224  needs of child victims of commercial sexual exploitation
  225  sexually exploited children, the effects of trauma and sexual
  226  exploitation, and how to address those needs using strength
  227  based and trauma-informed approaches. The department shall
  228  specify the contents of this training by rule and may develop or
  229  contract for a standard curriculum. The department may establish
  230  by rule additional criteria for the certification of safe houses
  231  and safe foster homes that shall address the security,
  232  therapeutic, social, health, and educational needs of child
  233  victims of commercial sexual exploitation sexually exploited
  234  children.
  235         (f) The department shall inspect safe houses and safe
  236  foster homes before certification and annually thereafter to
  237  ensure compliance with the requirements of this section. The
  238  department may place a moratorium on referrals and may revoke
  239  the certification of a safe house or safe foster home that fails
  240  at any time to meet the requirements of, or rules adopted under,
  241  this section.
  242         (g) The certification period for safe houses and safe
  243  foster homes shall run concurrently with the terms of their
  244  licenses.
  245         (3) SERVICES WITHIN A RESIDENTIAL TREATMENT CENTER OR
  246  HOSPITAL.—No later than July 1, 2015, Residential treatment
  247  centers licensed under s. 394.875, and hospitals licensed under
  248  chapter 395 that provide residential mental health treatment,
  249  shall provide specialized treatment for commercially sexually
  250  exploited children in the custody of the department who are
  251  placed in these facilities pursuant to s. 39.407(6), s.
  252  394.4625, or s. 394.467. The specialized treatment must meet the
  253  requirements of subparagraphs (2)(c)1. and 3.-7., paragraph
  254  (2)(d), and the department’s treatment standards adopted
  255  pursuant to this section. The facilities shall ensure that
  256  children are served in single-sex groups and that staff working
  257  with such children are adequately trained in the effects of
  258  trauma and sexual exploitation, the needs of child victims of
  259  commercial sexual exploitation sexually exploited children, and
  260  how to address those needs using strength-based and trauma
  261  informed approaches.
  262         (4) FUNDING FOR SERVICES; CASE MANAGEMENT.—
  263         (a) This section does not prohibit any provider of services
  264  for child victims of commercial sexual exploitation sexually
  265  exploited children from appropriately billing Medicaid for
  266  services rendered, from contracting with a local school district
  267  for educational services, or from obtaining federal or local
  268  funding for services provided, as long as two or more funding
  269  sources do not pay for the same specific service that has been
  270  provided to a child.
  271         (b) The community-based care lead agency shall ensure that
  272  all child victims of commercial sexual exploitation sexually
  273  exploited children residing in safe houses or safe foster homes
  274  or served in residential treatment centers or hospitals pursuant
  275  to subsection (3) have a case manager and a case plan, whether
  276  or not the child is a dependent child.
  277         (5) SCOPE OF AVAILABILITY OF SERVICES.—To the extent
  278  possible provided by law and with authorized funding, the
  279  services specified in this section may be available to all child
  280  victims of commercial sexual exploitation who are not eligible
  281  for relief and benefits under the federal Trafficking Victims
  282  Protection Act, 22 U.S.C. ss. 7101 et seq., sexually exploited
  283  children whether such services are accessed voluntarily, as a
  284  condition of probation, through a diversion program, through a
  285  proceeding under chapter 39, or through a referral from a local
  286  community-based care or social service agency.
  287         (6) LOCATION INFORMATION.—
  288         (a) Information about the location of a safe house, safe
  289  foster home, or other residential facility serving child victims
  290  of commercial sexual exploitation victims of sexual
  291  exploitation, as defined in s. 409.016 s. 39.01(70)(g), which is
  292  held by an agency, as defined in s. 119.011, is confidential and
  293  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  294  Constitution. This exemption applies to such confidential and
  295  exempt information held by an agency before, on, or after the
  296  effective date of the exemption.
  297         (b) Information about the location of a safe house, safe
  298  foster home, or other residential facility serving child victims
  299  of commercial sexual exploitation victims of sexual
  300  exploitation, as defined in s. 409.016 s. 39.01(70)(g), may be
  301  provided to an agency, as defined in s. 119.011, as necessary to
  302  maintain health and safety standards and to address emergency
  303  situations in the safe house, safe foster home, or other
  304  residential facility.
  305         (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I
  306  of the State Constitution provided in this subsection do not
  307  apply to facilities licensed by the Agency for Health Care
  308  Administration.
  309         (d) This subsection is subject to the Open Government
  310  Sunset Review Act in accordance with s. 119.15 and shall stand
  311  repealed on October 2, 2020, unless reviewed and saved from
  312  repeal through reenactment by the Legislature.
  313         Section 5. Section 409.1754, Florida Statutes, is amended
  314  to read:
  315         409.1754 Commercial sexual exploitation of children
  316  Sexually exploited children; screening and assessment; training;
  317  multidisciplinary staffings; service plans case management; task
  318  forces.—
  319         (1) SCREENING AND ASSESSMENT.—
  320         (a) The department shall develop or adopt one or more
  321  initial screening and assessment instruments to identify,
  322  determine the needs of, plan services for, and determine the
  323  appropriate placement for child victims of commercial sexual
  324  exploitation who are not eligible for relief and benefits under
  325  the federal Trafficking Victims Protection Act, 22 U.S.C. ss.
  326  7101 et seq sexually exploited children. The department shall
  327  consult state and local agencies, organizations, and individuals
  328  involved in the identification and care of such sexually
  329  exploited children when developing or adopting initial screening
  330  and assessment instruments. Initial screening and assessment
  331  instruments shall assess the appropriate placement of child
  332  victims of commercial sexual exploitation a sexually exploited
  333  child, including whether placement in a safe house or safe
  334  foster home as provided in s. 409.1678 is appropriate, and shall
  335  consider, at a minimum, the following factors:
  336         1. Risk of the child running away.
  337         2. Risk of the child recruiting other children into the
  338  commercial sex trade.
  339         3. Level of the child’s attachment to his or her exploiter.
  340         4. Level and type of trauma that the child has endured.
  341         5. Nature of the child’s interactions with law enforcement.
  342         6. Length of time that the child was a victim of commercial
  343  sexual exploitation sexually exploited.
  344         7. Extent of any substance abuse by the child.
  345         (b) The initial screening and assessment instruments shall
  346  be validated, if possible, and must be used by the department,
  347  juvenile assessment centers as provided in s. 985.135, and
  348  community-based care lead agencies.
  349         (c) The department shall adopt rules that specify the
  350  initial screening and assessment instruments to be used and
  351  provide requirements for their use and for the reporting of data
  352  collected through their use.
  353         (d) The department, or a sheriff’s office acting under s.
  354  39.3065, the Department of Juvenile Justice, and community-based
  355  care lead agencies may use additional assessment instruments in
  356  the course of serving sexually exploited children.
  357         (2) MULTIDISCIPLINARY STAFFINGS AND SERVICE PLANS.—
  358         (a) The department, or a sheriff’s office acting under s.
  359  39.3065, shall conduct a multidisciplinary staffing for each
  360  child that is a suspected or verified victim of commercial
  361  sexual exploitation. The department or sheriff’s office shall
  362  coordinate the staffing and invite individuals involved in the
  363  child’s care, including, but not limited to, the child, if
  364  appropriate; the child’s family or legal guardian; the child’s
  365  guardian ad litem; Department of Juvenile Justice staff; school
  366  district staff; local health and human services providers;
  367  victim advocates; and any other persons who may be able to
  368  assist the child.
  369         (b) The staffing must use the assessment, local services,
  370  and local protocols required by this section to develop a
  371  service plan. The service plan must identify the needs of the
  372  child and his or her family, the local services available to
  373  meet those needs, and whether placement in a safe house or safe
  374  foster home is needed. If the child is dependent, the case plan
  375  required by s. 39.6011 may meet the requirement for a service
  376  plan, but must be amended to incorporate the results of the
  377  multidisciplinary staffing. If the child is not dependent, the
  378  service plan is voluntary and the department or sheriff’s office
  379  shall provide the plan to the victim and his or her family or
  380  legal guardian and offer to make any needed referrals to local
  381  service providers.
  382         (c) The services identified in the service plan should be
  383  provided in the least restrictive environment and may include,
  384  but need not be limited to, the following:
  385         1. Emergency shelter and runaway center services;
  386         2. Outpatient individual or group counseling for the victim
  387  and the victim’s family or legal guardian;
  388         3. Substance use disorder treatment services;
  389         4. Drop-in centers or mentoring programs;
  390         5. Commercial sexual exploitation treatment programs;
  391         6.Child advocacy center services pursuant to s. 39.3035;
  392         7. Prevention services such as those provided by the
  393  Florida Network of Youth and Family Services and the PACE Center
  394  for Girls;
  395         8. Family foster care;
  396         9. Therapeutic foster care;
  397         10. Safe houses or safe foster homes;
  398         11. Residential treatment programs; and
  399         12. Employment or workforce training.
  400         (d) The department, or a sheriff’s office acting under s.
  401  39.3065, shall follow up with all verified victims of commercial
  402  sexual exploitation who are dependent within 6 months of the
  403  completion of the child abuse investigation, and such
  404  information must be included in the report required under s.
  405  39.524. The followup must determine the following:
  406         1. Whether a referral was made for the services recommended
  407  in the service plan;
  408         2. Whether the services were received and, if not, the
  409  reasons why;
  410         3. Whether the services or treatments were completed and,
  411  if not, the reasons why;
  412         4. Whether the victim has experienced commercial sexual
  413  exploitation since the verified report;
  414         5. Whether the victim has run away since the verified
  415  report;
  416         6. The type and number of placements, if applicable;
  417         7. The educational status of the child;
  418         8. The employment status of the child; and
  419         9. Whether the child has been involved in the juvenile or
  420  criminal justice system.
  421         (e) The department, or a sheriff’s office acting under s.
  422  39.3065, shall follow up with all verified victims of commercial
  423  sexual exploitation who are not dependent within 6 months after
  424  the child abuse investigation is completed and the information
  425  must be used in the report required under s. 39.524. The
  426  followup for nondependent victims and their families is
  427  voluntary, and the victim, family, or legal guardian is not
  428  required to respond. The followup must attempt to determine the
  429  following:
  430         1. Whether a referral was made for the services recommended
  431  in the service plan;
  432         2. Whether the services were received and, if not, the
  433  reasons why;
  434         3. Whether the services or treatments were completed and,
  435  if not, the reasons why;
  436         4. Whether the victim has experienced commercial sexual
  437  exploitation since the verified report;
  438         5. Whether the victim has run away since the verified
  439  report;
  440         6. The educational status of the child;
  441         7. The employment status of the child; and
  442         8. Whether the child has been involved in the juvenile or
  443  criminal justice system.
  444         (3)(2) TRAINING; LOCAL PROTOCOLS CASE MANAGEMENT; TASK
  445  FORCES.—
  446         (a)1. The department, or a sheriff’s office acting under s.
  447  39.3065, and community-based care lead agencies shall ensure
  448  that cases in which a child is alleged, suspected, or known to
  449  be a victim of commercial sexual exploitation have been sexually
  450  exploited are assigned to child protective investigators and
  451  case managers who have specialized intensive training in
  452  handling cases involving a sexually exploited child. The
  453  department, sheriff’s office, and lead agencies shall ensure
  454  that child protective investigators and case managers receive
  455  this training before accepting a case involving a commercially
  456  sexually exploited child.
  457         (b)2. The Department of Juvenile Justice shall ensure that
  458  juvenile probation staff or contractors administering the
  459  detention risk assessment instrument pursuant to s. 985.14
  460  receive specialized intensive training in identifying and
  461  serving commercially sexually exploited children.
  462         (b) The department and community-based care lead agencies
  463  shall conduct regular multidisciplinary staffings relating to
  464  services provided for sexually exploited children to ensure that
  465  all parties possess relevant information and services are
  466  coordinated across systems. The department or community-based
  467  care lead agency, as appropriate, shall coordinate these
  468  staffings and invite individuals involved in the child’s care,
  469  including, but not limited to, the child’s guardian ad litem,
  470  juvenile justice system staff, school district staff, service
  471  providers, and victim advocates.
  472         (c)1. Each region of the department and each community
  473  based care lead agency shall jointly assess local service
  474  capacity to meet the specialized service needs of commercially
  475  sexually exploited children and establish a plan to develop the
  476  necessary capacity. Each plan shall be developed in consultation
  477  with community-based care lead agencies, local law enforcement
  478  officials, local school officials, runaway and homeless youth
  479  program providers, local probation departments, children’s
  480  advocacy centers, guardians ad litem, public defenders, state
  481  attorneys’ offices, safe houses, and child advocates and service
  482  providers who work directly with commercially sexually exploited
  483  children.
  484         (d)2. Each region of the department and each community
  485  based care lead agency shall establish local protocols and
  486  procedures for working with commercially sexually exploited
  487  children which are responsive to the individual circumstances of
  488  each child. The protocols and procedures shall take into account
  489  the varying types and levels of trauma endured; whether the
  490  commercial sexual exploitation is actively occurring, occurred
  491  in the past, or is inactive but likely to recur; and the
  492  differing community resources and degrees of familial support
  493  that are available. Child protective investigators and case
  494  managers must use these protocols and procedures when working
  495  with a victim of commercial sexual exploitation sexually
  496  exploited child.
  497         (4)(3) LOCAL RESPONSE TO HUMAN TRAFFICKING; TRAINING; TASK
  498  FORCE.—
  499         (a) To the extent that funds are available, the local
  500  regional director may provide training to local law enforcement
  501  officials who are likely to encounter child victims of
  502  commercial sexual exploitation sexually exploited children in
  503  the course of their law enforcement duties. Training must shall
  504  address the provisions of this section and how to identify and
  505  obtain appropriate services for such sexually exploited
  506  children. The local circuit administrator may contract with a
  507  not-for-profit agency with experience working with commercially
  508  sexually exploited children to provide the training. Circuits
  509  may work cooperatively to provide training, which may be
  510  provided on a regional basis. The department shall assist
  511  circuits to obtain available funds for the purpose of conducting
  512  law enforcement training from the Office of Juvenile Justice and
  513  Delinquency Prevention of the United States Department of
  514  Justice.
  515         (b) Circuit administrators or their designees, chief
  516  probation officers of the Department of Juvenile Justice or
  517  their designees, and the chief operating officers of community
  518  based care lead agencies or their designees shall participate in
  519  any task force, committee, council, advisory group, coalition,
  520  or other entity in their service area that is involved in
  521  coordinating responses to address human trafficking or
  522  commercial sexual exploitation of children. If such entity does
  523  not exist, the circuit administrator for the department shall
  524  initiate one.
  525         Section 6. Paragraph (c) is added to subsection (3) of
  526  section 464.013, Florida Statutes, to read:
  527         464.013 Renewal of license or certificate.—
  528         (3) The board shall by rule prescribe up to 30 hours of
  529  continuing education biennially as a condition for renewal of a
  530  license or certificate.
  531         (c) Notwithstanding the exemption in paragraph (a), as part
  532  of the maximum biennial continuing education hours required
  533  under this subsection, the board shall require each person
  534  licensed or certified under this chapter to complete a 2-hour
  535  continuing education course on human trafficking, as defined in
  536  s. 787.06(2). The continuing education course must consist of
  537  data and information on the types of human trafficking, such as
  538  labor and sex, and the extent of human trafficking; factors that
  539  place a person at greater risk of being a victim of human
  540  trafficking; public and private social services available for
  541  rescue, food, clothing, and shelter referrals; hotlines for
  542  reporting human trafficking which are maintained by the National
  543  Human Trafficking Resource Center and the United States
  544  Department of Homeland Security; validated assessment tools for
  545  identifying a human trafficking victim and general indicators
  546  that a person may be a victim of human trafficking; procedures
  547  for sharing information related to human trafficking with a
  548  patient; and referral options for legal and social services. All
  549  licensees must complete this course for every biennial licensure
  550  renewal on or after January 1, 2019.
  551         Section 7. Subsection (4) of section 907.041, Florida
  552  Statutes, is amended to read:
  553         907.041 Pretrial detention and release.—
  554         (4) PRETRIAL DETENTION.—
  555         (a) As used in this subsection, “dangerous crime” means any
  556  of the following:
  557         1. Arson;
  558         2. Aggravated assault;
  559         3. Aggravated battery;
  560         4. Illegal use of explosives;
  561         5. Child abuse or aggravated child abuse;
  562         6. Abuse of an elderly person or disabled adult, or
  563  aggravated abuse of an elderly person or disabled adult;
  564         7. Aircraft piracy;
  565         8. Kidnapping;
  566         9. Homicide;
  567         10. Manslaughter;
  568         11. Sexual battery;
  569         12. Robbery;
  570         13. Carjacking;
  571         14. Lewd, lascivious, or indecent assault or act upon or in
  572  presence of a child under the age of 16 years;
  573         15. Sexual activity with a child, who is 12 years of age or
  574  older but less than 18 years of age, by or at solicitation of
  575  person in familial or custodial authority;
  576         16. Burglary of a dwelling;
  577         17. Stalking and aggravated stalking;
  578         18. Act of domestic violence as defined in s. 741.28;
  579         19. Home invasion robbery;
  580         20. Act of terrorism as defined in s. 775.30;
  581         21. Manufacturing any substances in violation of chapter
  582  893; and
  583         22. Attempting or conspiring to commit any such crime; and
  584         23. Human trafficking.
  585         (b) No person charged with a dangerous crime shall be
  586  granted nonmonetary pretrial release at a first appearance
  587  hearing; however, the court shall retain the discretion to
  588  release an accused on electronic monitoring or on recognizance
  589  bond if the findings on the record of facts and circumstances
  590  warrant such a release.
  591         (c) The court may order pretrial detention if it finds a
  592  substantial probability, based on a defendant’s past and present
  593  patterns of behavior, the criteria in s. 903.046, and any other
  594  relevant facts, that any of the following circumstances exist:
  595         1. The defendant has previously violated conditions of
  596  release and that no further conditions of release are reasonably
  597  likely to assure the defendant’s appearance at subsequent
  598  proceedings;
  599         2. The defendant, with the intent to obstruct the judicial
  600  process, has threatened, intimidated, or injured any victim,
  601  potential witness, juror, or judicial officer, or has attempted
  602  or conspired to do so, and that no condition of release will
  603  reasonably prevent the obstruction of the judicial process;
  604         3. The defendant is charged with trafficking in controlled
  605  substances as defined by s. 893.135, that there is a substantial
  606  probability that the defendant has committed the offense, and
  607  that no conditions of release will reasonably assure the
  608  defendant’s appearance at subsequent criminal proceedings;
  609         4. The defendant is charged with DUI manslaughter, as
  610  defined by s. 316.193, and that there is a substantial
  611  probability that the defendant committed the crime and that the
  612  defendant poses a threat of harm to the community; conditions
  613  that would support a finding by the court pursuant to this
  614  subparagraph that the defendant poses a threat of harm to the
  615  community include, but are not limited to, any of the following:
  616         a. The defendant has previously been convicted of any crime
  617  under s. 316.193, or of any crime in any other state or
  618  territory of the United States that is substantially similar to
  619  any crime under s. 316.193;
  620         b. The defendant was driving with a suspended driver
  621  license when the charged crime was committed; or
  622         c. The defendant has previously been found guilty of, or
  623  has had adjudication of guilt withheld for, driving while the
  624  defendant’s driver license was suspended or revoked in violation
  625  of s. 322.34;
  626         5. The defendant poses the threat of harm to the community.
  627  The court may so conclude, if it finds that the defendant is
  628  presently charged with a dangerous crime, that there is a
  629  substantial probability that the defendant committed such crime,
  630  that the factual circumstances of the crime indicate a disregard
  631  for the safety of the community, and that there are no
  632  conditions of release reasonably sufficient to protect the
  633  community from the risk of physical harm to persons;
  634         6. The defendant was on probation, parole, or other release
  635  pending completion of sentence or on pretrial release for a
  636  dangerous crime at the time the current offense was committed;
  637         7. The defendant has violated one or more conditions of
  638  pretrial release or bond for the offense currently before the
  639  court and the violation, in the discretion of the court,
  640  supports a finding that no conditions of release can reasonably
  641  protect the community from risk of physical harm to persons or
  642  assure the presence of the accused at trial; or
  643         8.a. The defendant has ever been sentenced pursuant to s.
  644  775.082(9) or s. 775.084 as a prison releasee reoffender,
  645  habitual violent felony offender, three-time violent felony
  646  offender, or violent career criminal, or the state attorney
  647  files a notice seeking that the defendant be sentenced pursuant
  648  to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
  649  habitual violent felony offender, three-time violent felony
  650  offender, or violent career criminal;
  651         b. There is a substantial probability that the defendant
  652  committed the offense; and
  653         c. There are no conditions of release that can reasonably
  654  protect the community from risk of physical harm or ensure the
  655  presence of the accused at trial.
  656         (d) When a person charged with a crime for which pretrial
  657  detention could be ordered is arrested, the arresting agency
  658  shall promptly notify the state attorney of the arrest and shall
  659  provide the state attorney with such information as the
  660  arresting agency has obtained relative to:
  661         1. The nature and circumstances of the offense charged;
  662         2. The nature of any physical evidence seized and the
  663  contents of any statements obtained from the defendant or any
  664  witness;
  665         3. The defendant’s family ties, residence, employment,
  666  financial condition, and mental condition; and
  667         4. The defendant’s past conduct and present conduct,
  668  including any record of convictions, previous flight to avoid
  669  prosecution, or failure to appear at court proceedings.
  670         (e) When a person charged with a crime for which pretrial
  671  detention could be ordered is arrested, the arresting agency may
  672  detain such defendant, prior to the filing by the state attorney
  673  of a motion seeking pretrial detention, for a period not to
  674  exceed 24 hours.
  675         (f) The pretrial detention hearing shall be held within 5
  676  days of the filing by the state attorney of a complaint to seek
  677  pretrial detention. The defendant may request a continuance. No
  678  continuance shall be for longer than 5 days unless there are
  679  extenuating circumstances. The defendant may be detained pending
  680  the hearing. The state attorney shall be entitled to one
  681  continuance for good cause.
  682         (g) The state attorney has the burden of showing the need
  683  for pretrial detention.
  684         (h) The defendant is entitled to be represented by counsel,
  685  to present witnesses and evidence, and to cross-examine
  686  witnesses. The court may admit relevant evidence without
  687  complying with the rules of evidence, but evidence secured in
  688  violation of the United States Constitution or the Constitution
  689  of the State of Florida shall not be admissible. No testimony by
  690  the defendant shall be admissible to prove guilt at any other
  691  judicial proceeding, but such testimony may be admitted in an
  692  action for perjury, based upon the defendant’s statements made
  693  at the pretrial detention hearing, or for impeachment.
  694         (i) The pretrial detention order of the court shall be
  695  based solely upon evidence produced at the hearing and shall
  696  contain findings of fact and conclusions of law to support it.
  697  The order shall be made either in writing or orally on the
  698  record. The court shall render its findings within 24 hours of
  699  the pretrial detention hearing.
  700         (j) A defendant convicted at trial following the issuance
  701  of a pretrial detention order shall have credited to his or her
  702  sentence, if imprisonment is imposed, the time the defendant was
  703  held under the order, pursuant to s. 921.161.
  704         (k) The defendant shall be entitled to dissolution of the
  705  pretrial detention order whenever the court finds that a
  706  subsequent event has eliminated the basis for detention.
  707         (l) The Legislature finds that a person who manufactures
  708  any substances in violation of chapter 893 poses a threat of
  709  harm to the community and that the factual circumstances of such
  710  a crime indicate a disregard for the safety of the community.
  711  The court shall order pretrial detention if the court finds that
  712  there is a substantial probability that a defendant charged with
  713  manufacturing any substances in violation of chapter 893
  714  committed such a crime and if the court finds that there are no
  715  conditions of release reasonably sufficient to protect the
  716  community from the risk of physical harm to persons.
  717         Section 8. For the purpose of incorporating the amendment
  718  made by this act to section 907.041(4)(a), Florida Statutes, in
  719  a reference thereto, paragraph (c) of subsection (2) of section
  720  790.065, Florida Statutes, is reenacted to read:
  721         790.065 Sale and delivery of firearms.—
  722         (2) Upon receipt of a request for a criminal history record
  723  check, the Department of Law Enforcement shall, during the
  724  licensee’s call or by return call, forthwith:
  725         (c)1. Review any records available to it to determine
  726  whether the potential buyer or transferee has been indicted or
  727  has had an information filed against her or him for an offense
  728  that is a felony under either state or federal law, or, as
  729  mandated by federal law, has had an injunction for protection
  730  against domestic violence entered against the potential buyer or
  731  transferee under s. 741.30, has had an injunction for protection
  732  against repeat violence entered against the potential buyer or
  733  transferee under s. 784.046, or has been arrested for a
  734  dangerous crime as specified in s. 907.041(4)(a) or for any of
  735  the following enumerated offenses:
  736         a. Criminal anarchy under ss. 876.01 and 876.02.
  737         b. Extortion under s. 836.05.
  738         c. Explosives violations under s. 552.22(1) and (2).
  739         d. Controlled substances violations under chapter 893.
  740         e. Resisting an officer with violence under s. 843.01.
  741         f. Weapons and firearms violations under this chapter.
  742         g. Treason under s. 876.32.
  743         h. Assisting self-murder under s. 782.08.
  744         i. Sabotage under s. 876.38.
  745         j. Stalking or aggravated stalking under s. 784.048.
  746  
  747  If the review indicates any such indictment, information, or
  748  arrest, the department shall provide to the licensee a
  749  conditional nonapproval number.
  750         2. Within 24 working hours, the department shall determine
  751  the disposition of the indictment, information, or arrest and
  752  inform the licensee as to whether the potential buyer is
  753  prohibited from receiving or possessing a firearm. For purposes
  754  of this paragraph, “working hours” means the hours from 8 a.m.
  755  to 5 p.m. Monday through Friday, excluding legal holidays.
  756         3. The office of the clerk of court, at no charge to the
  757  department, shall respond to any department request for data on
  758  the disposition of the indictment, information, or arrest as
  759  soon as possible, but in no event later than 8 working hours.
  760         4. The department shall determine as quickly as possible
  761  within the allotted time period whether the potential buyer is
  762  prohibited from receiving or possessing a firearm.
  763         5. If the potential buyer is not so prohibited, or if the
  764  department cannot determine the disposition information within
  765  the allotted time period, the department shall provide the
  766  licensee with a conditional approval number.
  767         6. If the buyer is so prohibited, the conditional
  768  nonapproval number shall become a nonapproval number.
  769         7. The department shall continue its attempts to obtain the
  770  disposition information and may retain a record of all approval
  771  numbers granted without sufficient disposition information. If
  772  the department later obtains disposition information which
  773  indicates:
  774         a. That the potential buyer is not prohibited from owning a
  775  firearm, it shall treat the record of the transaction in
  776  accordance with this section; or
  777         b. That the potential buyer is prohibited from owning a
  778  firearm, it shall immediately revoke the conditional approval
  779  number and notify local law enforcement.
  780         8. During the time that disposition of the indictment,
  781  information, or arrest is pending and until the department is
  782  notified by the potential buyer that there has been a final
  783  disposition of the indictment, information, or arrest, the
  784  conditional nonapproval number shall remain in effect.
  785         Section 9. This act shall take effect October 1, 2017.