Florida Senate - 2023               CS for CS for CS for SB 1690
       
       
        
       By the Committee on Fiscal Policy; the Appropriations Committee
       on Health and Human Services; the Committee on Children,
       Families, and Elder Affairs; and Senator Ingoglia
       
       
       
       594-04105-23                                          20231690c3
    1                        A bill to be entitled                      
    2         An act relating to sexual exploitation and human
    3         trafficking; amending s. 394.875, F.S.; requiring
    4         residential treatment centers for children and
    5         adolescents to place specified signage; requiring the
    6         Department of Children and Families, in consultation
    7         with the Agency for Health Care Administration, to
    8         adopt rules; creating s. 402.88, F.S.; defining terms;
    9         requiring the department to develop a process to
   10         certify adult safe houses that provide housing and
   11         care to adult survivors of human trafficking;
   12         providing certification requirements; authorizing
   13         rulemaking; requiring the department to inspect adult
   14         safe houses before certification and annually
   15         thereafter; requiring the department to ensure the
   16         staff of each adult safe house completes specified
   17         intensive training; providing for department actions
   18         for noncompliance; amending s. 409.1678, F.S.;
   19         providing requirements for safe houses and safe foster
   20         homes; requiring the department to develop or approve
   21         educational programming on commercial sexual
   22         exploitation; amending s. 409.175, F.S.; requiring
   23         specified signage to be placed on the premises of
   24         facilities maintained by licensed child-caring
   25         agencies; requiring the department to adopt rules;
   26         amending s. 509.096, F.S.; reducing the correction
   27         period for a public lodging establishment to respond
   28         to a violation committed on or after a specified date;
   29         prohibiting the Division of Hotels and Restaurants of
   30         the Department of Business and Professional Regulation
   31         from providing a correction period to a public lodging
   32         establishment for a second or subsequent violation
   33         committed on or after a specified date; requiring the
   34         division to impose the applicable administrative fines
   35         for such violations; amending s. 943.0583, F.S.;
   36         prohibiting victims of human trafficking from
   37         petitioning the court for the expunction of a criminal
   38         history record that resulted from a conviction of
   39         specified offenses; defining the term “conviction”;
   40         amending s. 787.29, F.S.; making technical changes;
   41         providing an effective date.
   42          
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Subsection (8) of section 394.875, Florida
   46  Statutes, is amended to read:
   47         394.875 Crisis stabilization units, residential treatment
   48  facilities, and residential treatment centers for children and
   49  adolescents; authorized services; license required.—
   50         (8)(a) The department, in consultation with the agency,
   51  must adopt rules governing a residential treatment center for
   52  children and adolescents which specify licensure standards for:
   53  admission; length of stay; program and staffing; discharge and
   54  discharge planning; treatment planning; seclusion, restraints,
   55  and time-out; rights of patients under s. 394.459; use of
   56  psychotropic medications; and standards for the operation of
   57  such centers.
   58         (b)Residential treatment centers for children and
   59  adolescents must conspicuously place signs on their premises to
   60  warn children and adolescents of the dangers of human
   61  trafficking and to encourage the reporting of individuals
   62  observed attempting to engage in human trafficking activity. The
   63  signs must contain the telephone number for the National Human
   64  Trafficking Hotline or such other number that the Department of
   65  Law Enforcement uses to detect and stop human trafficking. The
   66  department, in consultation with the agency, shall specify, at a
   67  minimum, the content of the signs by rule.
   68         Section 2. Section 402.88, Florida Statutes, is created to
   69  read:
   70         402.88Adult safe houses for adults who have been sexually
   71  exploited or trafficked.—
   72         (1)As used in this section the term:
   73         (a)“Adult safe house” means a group residential facility
   74  certified by the department under this section to care for
   75  adults who have been sexually exploited or trafficked.
   76         (b)“Department” means the Department of Children and
   77  Families.
   78         (2)The department shall establish a process to certify
   79  adult safe houses that provide housing and care to adult
   80  survivors of human trafficking as defined in s. 787.06. The
   81  adult safe houses certified under this section must:
   82         (a)Provide a facility which will serve as an adult safe
   83  house to receive and house persons who are victims of human
   84  trafficking. For the purpose of this section, minor children and
   85  other dependents of a victim, when such dependents are partly or
   86  wholly dependent on the victim for support or services, may be
   87  sheltered with the victim in an adult safe house.
   88         (b)Receive the annual written endorsement of local law
   89  enforcement agencies.
   90         (c)Provide minimum services that include, but are not
   91  limited to, information and referral services, licensed
   92  counseling and case management services, substance abuse
   93  screening and, when necessary, access or referral to treatment,
   94  temporary emergency shelter for more than 24 hours, a 24-hour
   95  hotline, nonresidential outreach services, training for law
   96  enforcement personnel, assessment and appropriate referral of
   97  resident children, and educational services for community
   98  awareness relative to the incidence of human trafficking, the
   99  prevention of such crimes, and the services available for
  100  persons subject to human trafficking. If a 24-hour hotline,
  101  professional training, or community education is already
  102  provided by an adult safe house within its designated service
  103  area, the department may exempt such certification requirements
  104  for a new center serving the same service area to avoid
  105  duplication of services.
  106         (d)Participate in the provision of orientation and
  107  training programs developed for law enforcement officers, social
  108  workers, and other professionals and paraprofessionals who work
  109  with human trafficking victims to better enable such persons to
  110  deal effectively with incidents of human trafficking.
  111         (e)Provide a safe, therapeutic environment tailored to the
  112  needs of commercially sexually exploited or trafficked adults
  113  who have endured significant trauma. Adult safe houses shall use
  114  a model of treatment that includes strength-based and trauma
  115  informed approaches.
  116         (f)File with the department a list of the names of the
  117  human trafficking advocates who are employed or who volunteer at
  118  the adult safe house who may claim a privilege under s. 90.5037
  119  to refuse to disclose a confidential communication between a
  120  victim of human trafficking and the advocate regarding the human
  121  trafficking inflicted upon the victim. The list must include the
  122  title of the position held by the advocate whose name is listed
  123  and a description of the duties of that position. An adult safe
  124  house shall file amendments to this list as necessary.
  125         (g)Comply with rules adopted under this section.
  126         (3)The department may adopt rules to implement this
  127  section. The rules adopted must include health and safety
  128  provisions, including but not limited to protection from
  129  recruitment, to ensure that the minor children and other
  130  dependents of a victim that shelter in the adult safe house
  131  under paragraph (2)(a) do not become at risk of becoming, or
  132  become victims of commercial sexual exploitation.
  133         (4)The department shall inspect adult safe houses before
  134  certification and annually thereafter to ensure compliance with
  135  the requirements of this section.
  136         (5)The department shall ensure the staff of each adult
  137  safe house completes intensive training that, at a minimum,
  138  includes the needs of victims of commercial sexual exploitation,
  139  the effects of trauma and sexual exploitation, and how to
  140  address victims’ needs using strength-based and trauma-informed
  141  approaches. The department shall specify by rule the contents of
  142  this training and may develop or contract for a standard
  143  curriculum.
  144         (6)If the department finds that there is failure by an
  145  adult safe house to comply with the requirements established, or
  146  rules adopted, under this section, the department may deny,
  147  suspend, or revoke the certification of the adult safe house.
  148         Section 3. Paragraphs (c) and (d) of subsection (2) of
  149  section 409.1678, Florida Statutes, are amended to read:
  150         409.1678 Specialized residential options for children who
  151  are victims of commercial sexual exploitation.—
  152         (2) CERTIFICATION OF SAFE HOUSES AND SAFE FOSTER HOMES.—
  153         (c) To be certified, a safe house must hold a license as a
  154  residential child-caring agency, as defined in s. 409.175, and a
  155  safe foster home must hold a license as a family foster home, as
  156  defined in s. 409.175. A safe house or safe foster home must
  157  also:
  158         1. Use strength-based and trauma-informed approaches to
  159  care, to the extent possible and appropriate.
  160         2. Serve exclusively one sex.
  161         3. Group child victims of commercial sexual exploitation by
  162  age or maturity level.
  163         4. Care for child victims of commercial sexual exploitation
  164  in a manner that separates those children from children with
  165  other needs. Safe houses and safe foster homes may care for
  166  other populations if the children who have not experienced
  167  commercial sexual exploitation do not interact with children who
  168  have experienced commercial sexual exploitation.
  169         5. Have awake staff members on duty 24 hours a day, if a
  170  safe house.
  171         6.a. Provide appropriate security through facility design,
  172  hardware, technology, staffing, and siting, including, but not
  173  limited to, external video monitoring or door exit alarms, a
  174  high staff-to-client ratio, or being situated in a remote
  175  location that is isolated from major transportation centers and
  176  common trafficking areas.
  177         b.If a safe house, appropriate security must provide for,
  178  at a minimum, the detection of possible trafficking activity
  179  around a facility, coordination with law enforcement, and be
  180  part of the emergency response to search for absent or missing
  181  children. For a safe house to be in compliance with providing
  182  appropriate security under this subparagraph, the safe house
  183  must either:
  184         (I)Employ or contract with at least one individual that
  185  has law enforcement, investigative, or other similar training,
  186  as established by rule by the department; or
  187         (II)Execute a contract or memorandum of understanding with
  188  a law enforcement agency to perform these functions.
  189         7. If a safe house, conspicuously place signs on the
  190  premises to warn children of the dangers of human trafficking
  191  and to encourage the reporting of individuals observed
  192  attempting to engage in human trafficking activity. The signs
  193  must advise children to report concerns to the local law
  194  enforcement agency or the Department of Law Enforcement,
  195  specifying the appropriate telephone numbers used for such
  196  reports. The department shall specify, at a minimum, the content
  197  of the signs by rule.
  198         8. Meet other criteria established by department rule,
  199  which may include, but are not limited to, personnel
  200  qualifications, staffing ratios, and types of services offered.
  201         (d) Safe houses and safe foster homes shall provide
  202  services tailored to the needs of child victims of commercial
  203  sexual exploitation and shall conduct a comprehensive assessment
  204  of the service needs of each resident. In addition to the
  205  services required to be provided by residential child caring
  206  agencies and family foster homes, safe houses and safe foster
  207  homes must provide, arrange for, or coordinate, at a minimum,
  208  the following services:
  209         1. Victim-witness counseling.
  210         2. Family counseling.
  211         3. Behavioral health care.
  212         4. Treatment and intervention for sexual assault.
  213         5. Education tailored to the child’s individual needs,
  214  including remedial education if necessary.
  215         6. Life skills and workforce training.
  216         7. Mentoring by a survivor of commercial sexual
  217  exploitation, if available and appropriate for the child.
  218         8. Substance abuse screening and, when necessary, access to
  219  treatment.
  220         9. Planning services for the successful transition of each
  221  child back to the community.
  222         10. Activities structured in a manner that provides child
  223  victims of commercial sexual exploitation with a full schedule.
  224         11.Deliver age-appropriate programming to educate children
  225  regarding the signs and dangers of commercial sexual
  226  exploitation and how to report commercial sexual exploitation.
  227  The department shall develop or approve such programming.
  228         Section 4. Paragraph (b) of subsection (5) of section
  229  409.175, Florida Statutes, is amended to read:
  230         409.175 Licensure of family foster homes, residential
  231  child-caring agencies, and child-placing agencies; public
  232  records exemption.—
  233         (5) The department shall adopt and amend rules for the
  234  levels of licensed care associated with the licensure of family
  235  foster homes, residential child-caring agencies, and child
  236  placing agencies. The rules may include criteria to approve
  237  waivers to licensing requirements when applying for a child
  238  specific license.
  239         (b) The requirements for licensure and operation of family
  240  foster homes, residential child-caring agencies, and child
  241  placing agencies shall include:
  242         1. The operation, conduct, and maintenance of these homes
  243  and agencies and the responsibility which they assume for
  244  children served and the evidence of need for that service.
  245         2. The provision of food, clothing, educational
  246  opportunities, services, equipment, and individual supplies to
  247  assure the healthy physical, emotional, and mental development
  248  of the children served.
  249         3. The appropriateness, safety, cleanliness, and general
  250  adequacy of the premises, including fire prevention and health
  251  standards, to provide for the physical comfort, care, and well
  252  being of the children served.
  253         4. The ratio of staff to children required to provide
  254  adequate care and supervision of the children served and, in the
  255  case of family foster homes, the maximum number of children in
  256  the home.
  257         5. The good moral character based upon screening,
  258  education, training, and experience requirements for personnel
  259  and family foster homes.
  260         6. The department may grant exemptions from
  261  disqualification from working with children or the
  262  developmentally disabled as provided in s. 435.07.
  263         7. The provision of preservice and inservice training for
  264  all foster parents and agency staff.
  265         8. Satisfactory evidence of financial ability to provide
  266  care for the children in compliance with licensing requirements.
  267         9. The maintenance by the agency of records pertaining to
  268  admission, progress, health, and discharge of children served,
  269  including written case plans and reports to the department.
  270         10. The provision for parental involvement to encourage
  271  preservation and strengthening of a child’s relationship with
  272  the family.
  273         11. The transportation safety of children served.
  274         12. The provisions for safeguarding the cultural,
  275  religious, and ethnic values of a child.
  276         13. Provisions to safeguard the legal rights of children
  277  served.
  278         14.Requiring signs to be conspicuously placed on the
  279  premises of facilities maintained by child-caring agencies to
  280  warn children of the dangers of human trafficking and to
  281  encourage the reporting of individuals observed attempting to
  282  engage in human trafficking activity. The signs must advise
  283  children to report concerns to the local law enforcement agency
  284  or the Department of Law Enforcement, specifying the appropriate
  285  telephone numbers used for such reports. The department shall
  286  specify, at a minimum, the content of the signs by rule.
  287         Section 5. Subsection (3) of section 509.096, Florida
  288  Statutes, is amended to read:
  289         509.096 Human trafficking awareness training and policies
  290  for employees of public lodging establishments; enforcement.—
  291         (3) For a violation committed on or after July 1, 2023, the
  292  division shall impose an administrative fine of $2,000 per day
  293  on a public lodging establishment that is not in compliance with
  294  this section and remit the fines to the direct-support
  295  organization established under s. 16.618, unless the division
  296  receives adequate written documentation from the public lodging
  297  establishment which provides assurance that each deficiency will
  298  be corrected within 45 90 days after the division provided the
  299  public lodging establishment with notice of its violation. For a
  300  second or subsequent violation of this subsection committed on
  301  or after July 1, 2023, the division may not provide a correction
  302  period to a public lodging establishment and must impose the
  303  applicable administrative fines.
  304         Section 6. Subsection (3) of section 943.0583, Florida
  305  Statutes, is amended, and subsections (10) and (11) of that
  306  section are republished, to read:
  307         943.0583 Human trafficking victim expunction.—
  308         (3)(a)Except as provided in paragraph (b), a person who is
  309  a victim of human trafficking may petition for the expunction of
  310  a criminal history record resulting from the arrest or filing of
  311  charges for one or more offenses committed or reported to have
  312  been committed while the person was a victim of human
  313  trafficking, which offense was committed or reported to have
  314  been committed as a part of the human trafficking scheme of
  315  which the person was a victim or at the direction of an operator
  316  of the scheme, including, but not limited to, violations under
  317  chapters 796 and 847, without regard to the disposition of the
  318  arrest or of any charges.
  319         (b)A person who is a victim of human trafficking may not
  320  petition the court for the expunction of a criminal history
  321  record that resulted from a conviction of an offense listed in
  322  s. 775.084(1)(b)1. For purposes of this section, the term
  323  “conviction” has the same meaning as s. 943.0584(1) However,
  324  this section does not apply to any offense listed in s.
  325  775.084(1)(b)1.
  326         (c) Determination of the petition under this section should
  327  be by a preponderance of the evidence. A conviction expunged
  328  under this section is deemed to have been vacated due to a
  329  substantive defect in the underlying criminal proceedings. If a
  330  person is adjudicated not guilty by reason of insanity or is
  331  found to be incompetent to stand trial for any such charge, the
  332  expunction of the criminal history record may not prevent the
  333  entry of the judgment or finding in state and national databases
  334  for use in determining eligibility to purchase or possess a
  335  firearm or to carry a concealed firearm, as authorized in s.
  336  790.065(2)(a)4.c. and 18 U.S.C. s. 922(t), nor shall it prevent
  337  any governmental agency that is authorized by state or federal
  338  law to determine eligibility to purchase or possess a firearm or
  339  to carry a concealed firearm from accessing or using the record
  340  of the judgment or finding in the course of such agency’s
  341  official duties.
  342         (10)(a) A criminal history record ordered expunged under
  343  this section that is retained by the department is confidential
  344  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  345  Constitution, except that the record shall be made available:
  346         1. To criminal justice agencies for their respective
  347  criminal justice purposes.
  348         2. To any governmental agency that is authorized by state
  349  or federal law to determine eligibility to purchase or possess a
  350  firearm or to carry a concealed firearm for use in the course of
  351  such agency’s official duties.
  352         3. Upon order of a court of competent jurisdiction.
  353         (b) A criminal justice agency may retain a notation
  354  indicating compliance with an order to expunge.
  355         (11)(a) The following criminal intelligence information or
  356  criminal investigative information is confidential and exempt
  357  from s. 119.07(1) and s. 24(a), Art. I of the State
  358  Constitution:
  359         1. Any information that reveals the identity of a person
  360  who is a victim of human trafficking whose criminal history
  361  record has been expunged under this section.
  362         2. Any information that may reveal the identity of a person
  363  who is a victim of human trafficking whose criminal history
  364  record has been ordered expunged under this section.
  365         (b) Criminal investigative information and criminal
  366  intelligence information made confidential and exempt under this
  367  subsection may be disclosed by a law enforcement agency:
  368         1. In the furtherance of its official duties and
  369  responsibilities.
  370         2. For print, publication, or broadcast if the law
  371  enforcement agency determines that such release would assist in
  372  locating or identifying a person that the agency believes to be
  373  missing or endangered. The information provided should be
  374  limited to that needed to identify or locate the victim.
  375         3. To another governmental agency in the furtherance of its
  376  official duties and responsibilities.
  377         (c) This exemption applies to such confidential and exempt
  378  criminal intelligence information or criminal investigative
  379  information held by a law enforcement agency before, on, or
  380  after the effective date of the exemption.
  381         Section 7. Subsections (3) and (5) of section 787.29,
  382  Florida Statutes, are amended, and subsection (4) of that
  383  section is republished, to read:
  384         787.29 Human trafficking public awareness signs.—
  385         (3)(a) The employer at each of the following establishments
  386  shall display a public awareness sign developed under subsection
  387  (4) in a conspicuous location that is clearly visible to the
  388  public and employees of the establishment:
  389         1.(a) A strip club or other adult entertainment
  390  establishment.
  391         2.(b) A business or establishment that offers massage or
  392  bodywork services for compensation that is not owned by a health
  393  care practitioner regulated pursuant to chapter 456 and defined
  394  in s. 456.001.
  395         (b)The county commission may adopt an ordinance to enforce
  396  this subsection. A violation of this subsection is a noncriminal
  397  violation and punishable by a fine only as provided in s.
  398  775.083.
  399         (4) The required public awareness sign must be at least 8.5
  400  inches by 11 inches in size, must be printed in at least a 16
  401  point type, and must state substantially the following in
  402  English and Spanish:
  403  
  404         “If you or someone you know is being forced to engage
  405         in an activity and cannot leave—whether it is
  406         prostitution, housework, farm work, factory work,
  407         retail work, restaurant work, or any other activity
  408         call the National Human Trafficking Resource Center at
  409         1-888-373-7888 or text INFO or HELP to 233-733 to
  410         access help and services. Victims of slavery and human
  411         trafficking are protected under United States and
  412         Florida law.”
  413  
  414         (5)The county commission may adopt an ordinance to enforce
  415  subsection (3). A violation of subsection (3) is a noncriminal
  416  violation and punishable by a fine only as provided in s.
  417  775.083.
  418         Section 8. This act shall take effect July 1, 2023.