1 | A bill to be entitled |
2 | An act relating to human trafficking; creating within the |
3 | Executive Office of the Governor the Florida Statewide |
4 | Task Force on Human Trafficking; prescribing the |
5 | membership of the task force; inviting participation by |
6 | agencies of the United States Government; providing for |
7 | meetings; requiring that the first hearing be conducted by |
8 | a specified date; providing for a quorum; providing that |
9 | meetings and records of the task force are subject to |
10 | public-meetings and open-records requirements; providing |
11 | for members of the task force to be reimbursed for per |
12 | diem and travel expenses; requiring that the certain |
13 | specified agencies provide staff support; providing |
14 | specific responsibilities and duties of the task force; |
15 | requiring that the task force file preliminary and final |
16 | reports and recommendations with the Governor and the |
17 | Legislature; requiring cooperation by state agencies; |
18 | abolishing the task force on a specified date; providing |
19 | an effective date. |
20 |
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21 | WHEREAS, the trafficking in persons across and within |
22 | borders is a modern form of slavery, and it is the largest |
23 | manifestation of slavery today, and |
24 | WHEREAS, annually, thousands of persons, primarily women |
25 | and children, are trafficked within or across international |
26 | borders, and |
27 | WHEREAS, approximately 50,000 men, women, and children are |
28 | trafficked into the United States each year, and |
29 | WHEREAS, trafficking in persons is not limited to the sex |
30 | industry, but also includes forced labor with significant |
31 | violations of labor, public health, and human rights standards |
32 | worldwide, and |
33 | WHEREAS, traffickers primarily target women and girls, who |
34 | are disproportionately affected by poverty, a lack of access to |
35 | education, chronic unemployment, discrimination, and the lack of |
36 | economic opportunities in their countries of origin, and |
37 | WHEREAS, there are not adequate services and facilities to |
38 | meet the needs of trafficking victims regarding health care, |
39 | housing, education, and legal assistance, and which safely |
40 | reintegrate trafficking victims into their home countries, NOW, |
41 | THEREFORE, |
42 |
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43 | Be It Enacted by the Legislature of the State of Florida: |
44 |
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45 | Section 1. Florida Statewide Task Force on Human |
46 | Trafficking.-- |
47 | (1) The Legislature declares that the purpose of this act |
48 | is to create a public and private task force to examine and |
49 | analyze the problem of human trafficking and to plan for a |
50 | coordinated, humane response for victims of human trafficking |
51 | through a review of existing programs, a clarification of |
52 | existing options for such victims, a clearinghouse for |
53 | coordinated efforts to help persons in need, and revised policy |
54 | efforts to coordinate governmental and private efforts. |
55 | (2)(a) There is created within the Executive Office of the |
56 | Governor the Florida Statewide Task Force on Human Trafficking, |
57 | a task force as defined in s. 20.03, Florida Statutes. The task |
58 | force is created for the express purpose of examining the |
59 | problem of human trafficking and recommending strategies and |
60 | actions for reducing or eliminating the unlawful trafficking of |
61 | men, women, and children into this state. |
62 | (b) The task force shall consist of the following members, |
63 | or a designee: |
64 | 1. The executive director of the Department of Law |
65 | Enforcement, who shall serve as co-chair. |
66 | 2. The Secretary of Children and Family Services, who |
67 | shall serve as co-chair. |
68 | 3. The Chief Financial Officer. |
69 | 4. The Commissioner of Agriculture. |
70 | 5. The Attorney General. |
71 | 6. The State Surgeon General. |
72 | 7. The director of the Agency for Workforce Innovation. |
73 | 8. The Secretary of Community Affairs. |
74 | 9. A state attorney. |
75 | 10. A public defender. |
76 | 11. A sheriff. |
77 | 12. A police chief. |
78 | 13. A representative of the Florida League of Cities. |
79 | 14. A representative of the Florida Association of |
80 | Counties. |
81 | 15. Eleven members representing governmental and |
82 | nongovernmental organizations that provide direct services and |
83 | assistance to the victims of human trafficking, such as refugee |
84 | assistance organizations, immigration legal services, faith- |
85 | based organizations, domestic and sexual violence centers, |
86 | community mental health centers, labor organizations, and county |
87 | health units. |
88 | (c) The Governor shall appoint the task force members |
89 | described in subparagraphs (b)9.-15., by July 1, 2008. The |
90 | appointees must be representative of the geographic regions and |
91 | ethnic and gender diversity of this state and, to the extent |
92 | possible, members of the task force, or their designee, must |
93 | have experience providing services to trafficked persons or have |
94 | knowledge of human trafficking issues. |
95 | (d) The Governor may invite persons representing agencies |
96 | of the Federal Government to serve as nonvoting ex officio |
97 | members of the task force. The federal agencies that may |
98 | participate include, but are not limited to, the Federal Bureau |
99 | of Investigation, the Department of Homeland Security, the |
100 | Department of Labor, the Department of Justice, and the Bureau |
101 | of Immigration and Customs Enforcement. |
102 | (e) The first meeting of the task force must be by |
103 | September 15, 2008. All actions of the task force, including |
104 | recommendations, shall be made by majority vote. Thirteen |
105 | members constitute a quorum. |
106 | (f) The task force shall meet at the call of the chairs |
107 | and shall conduct at least three public meetings in the state. |
108 | The meetings must be held in localities throughout this state |
109 | which may be significant portals for traffickers to bring |
110 | victims into this state. Meetings of the task force are open to |
111 | the public and are subject to the requirements of chapter 286, |
112 | Florida Statutes. Records of the task force are public records |
113 | and subject to the requirements of chapter 119, Florida |
114 | Statutes, except to the extent that public access to any of |
115 | those records may be restricted pursuant to chapter 119, Florida |
116 | Statutes. |
117 | (g) Members of the task force shall serve without |
118 | compensation, but are entitled to reimbursement for per diem and |
119 | travel expenses in accordance with s. 112.061, Florida Statutes. |
120 | (h) The Department of Law Enforcement, the Department of |
121 | Health, and the Department of Children and Family Services shall |
122 | provide staff support for the task force within existing |
123 | appropriations. |
124 | (3) The task force shall carry out the following |
125 | activities: |
126 | (a) Collect and organize data concerning the nature and |
127 | extent of trafficking in persons in Florida and measure and |
128 | evaluate the progress in the state in preventing trafficking, |
129 | protecting and providing assistance to victims of trafficking, |
130 | and prosecuting persons engaged in trafficking activities; |
131 | (b) Identify available federal, state, and local programs |
132 | that provide services to victims of trafficking, which include, |
133 | but are not limited to, health care, human services, housing, |
134 | education, legal assistance, job training or preparation, |
135 | interpreting services, English as a Second Language classes, and |
136 | victim's compensation; |
137 | (c) Evaluate approaches to increase public awareness of |
138 | trafficking, particularly the risks of becoming a trafficking |
139 | victim; the common recruitment techniques; the use of debt |
140 | bondage, blackmail, forced labor and services, prostitution, and |
141 | other coercive tactics; the crime victims' rights; and the |
142 | reporting of recruitment activities involved in trafficking; |
143 | (d) Analyze the current state, local, and federal criminal |
144 | statutes for their adequacy in addressing trafficking and, if |
145 | the analysis determines that those statutes are inadequate, |
146 | recommend revisions to those statutes or the enactment of new |
147 | statutes that specifically define and address trafficking; |
148 | (e) Consult with governmental and nongovernmental |
149 | organizations, especially those specializing in stopping |
150 | trafficking or representing diverse communities |
151 | disproportionately affected by trafficking, in developing |
152 | recommendations to strengthen state and local efforts to prevent |
153 | trafficking, protect and assist victims of trafficking, and |
154 | prosecute traffickers; and |
155 | (f) Explore any other subject that is relevant to reducing |
156 | or eliminating the risks of unlawful trafficking of human beings |
157 | in this state and protecting victims of the trafficking. |
158 | (4) The task force shall submit a preliminary draft report |
159 | of its findings and recommendations to the Governor, the |
160 | President of the Senate, and the Speaker of the House of |
161 | Representatives by July 1, 2009. The final report shall be filed |
162 | with the Governor, the President of the Senate, and the Speaker |
163 | of the House of Representatives by October 1, 2009. In addition |
164 | to the findings and recommendations included in the final |
165 | report, the report must include a draft of proposed rules and |
166 | proposed legislation for any recommendations requiring a change |
167 | in rules or legislation. |
168 | (5) Each state agency shall fully cooperate with the task |
169 | force in the performance of its duties. |
170 | (6) All meetings of the task force and all business of the |
171 | task force for which reimbursement may be requested shall be |
172 | concluded before the final report is filed. |
173 | (7) The task force is abolished on July 1, 2010. |
174 | Section 2. This act shall take effect upon becoming a law. |