Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. SB 540
Ì891934=Î891934
LEGISLATIVE ACTION
Senate . House
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The Committee on Criminal Justice (Perry) recommended the
following:
1 Senate Substitute for Amendment (494714) (with title
2 amendment)
3
4 Delete lines 64 - 109
5 and insert:
6 for employees of public lodging establishments; enforcement.—
7 (1) A public lodging establishment shall:
8 (a) Provide training regarding human trafficking awareness
9 to employees of the establishment who perform housekeeping
10 duties in the rental units or who work at the front desk or
11 reception area where guests ordinarily check-in or check-out.
12 Such training shall be provided within 6 months after employment
13 in that role, or by January 1, 2021, whichever occurs later.
14 Proof of such employee training shall be provided to the
15 division upon request.
16 (b) By January 1, 2021, implement a procedure for the
17 reporting of suspected human trafficking to the National Human
18 Trafficking Hotline or to a local law enforcement agency.
19 (c) By January 1, 2021, post in a conspicuous place in the
20 establishment accessible to employees a sign with the relevant
21 provisions of the reporting procedure provided for in paragraph
22 (b).
23 (2) The human trafficking awareness training required in
24 paragraph (1)(a) shall be submitted to and approved by the
25 division before the training is provided to employees and shall
26 include the following:
27 (a) The definition of human trafficking and the difference
28 between the two forms of human trafficking: sex trafficking and
29 labor trafficking.
30 (b) Guidance specific to the public lodging sector on how
31 to identify individuals who may be victims of human trafficking.
32 (c) Guidance on the role of the employees of a public
33 lodging establishment in reporting and responding to suspected
34 human trafficking.
35 (3) Pursuant to s. 509.261, the division may take
36 disciplinary action against a public lodging establishment that
37 has operated or is operating in violation of this section.
38 (4) This section does not establish a private cause of
39 action. A public lodging establishment shall not be liable for
40 any harm resulting from the failure of an employee to prevent,
41 detect, or report suspected human trafficking if the public
42 lodging establishment was in compliance with the requirements of
43 this section at the time of such harm.
44 Section 2. Section 787.08, Florida Statutes, is created to
45 read:
46 787.08 Direct-support organization.—
47 (1) The Department of Children and Families, in
48 consultation with the Department of Law Enforcement and the
49 Attorney General, shall establish a direct-support organization
50 that is:
51 (a) A Florida corporation, not for profit, incorporated
52 under chapter 617 and approved by the Secretary of State.
53 (b) Organized and operated exclusively to solicit funds;
54 request and receive grants, gifts, and bequests of money;
55 acquire, receive, hold, invest, and administer, in its own name,
56 property and funds; and make expenditures in support of the
57 purposes specified in this section.
58 (c) Certified by the department, after review, to be
59 operating in a manner consistent with the purposes of the
60 organization and in the best interests of the state.
61 (2) The direct-support organization shall focus on human
62 trafficking issues within the state by forming strategic
63 partnerships to foster the development of community and private
64 sector resources and serving as a liaison with state agencies,
65 other state governments, and the public and private sectors.
66 Additionally, the direct-support organization shall assist
67 agencies in creating training on the detection of human
68 trafficking and the best practices of intervention and treatment
69 for survivors of human trafficking. The direct-support
70 organization shall also provide resources for such training, and
71 strategize the funding of inpatient care for victims of human
72 trafficking in treatment centers throughout the state.
73
74 ================= T I T L E A M E N D M E N T ================
75 And the title is amended as follows:
76 Delete lines 3 - 20
77 and insert:
78 509.096, F.S.; requiring a public lodging
79 establishment to train certain employees and create
80 certain policies relating to human trafficking by a
81 specified date; providing requirements for such
82 training; permitting the Division of Hotels and
83 Restaurants of the Department of Business and
84 Professional Regulation to take disciplinary action
85 against a public lodging establishment for failure to
86 comply with such requirements; providing that this
87 section does not establish a private cause of action
88 against a public lodging establishment; creating s.
89 787.08, F.S.; requiring the Department of Children and
90 Families, in consultation with the Department of Law
91 Enforcement and the Attorney General, to establish a
92 certain direct-support organization; providing
93 requirements for the direct-support organization;
94 requiring the direct-support organization to focus on
95 human trafficking issues by forming strategic
96 partnerships and serving as a liaison with specified
97 public and private sector partners; requiring the
98 direct-support organization to assist agencies in
99 creating training on certain topics; requiring the
100 direct-support organization to provide resources for
101 such training and strategize the funding of inpatient
102 care for victims of human trafficking in treatment
103 centers throughout the state; requiring the direct
104 support organization