Florida Senate - 2008 SB 1732

By Senator Joyner

18-03458-08 20081732__

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

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 and

25

children, are trafficked within or across international borders,

26

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

43

Be It Enacted by the Legislature of the State of Florida:

44

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, a

57

task force as defined in s. 20.03, Florida Statutes. The task

58

force is created for the express purpose of examining the problem

59

of human trafficking and recommending strategies and actions for

60

reducing or eliminating the unlawful trafficking of men, women,

61

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 shall

67

serve as co-chair.

68

     3. The Chief Financial Officer.

69

     4. The Secretary of Agriculture and Consumer Services.

70

     5. The Attorney General.

71

     6. The Secretary of Health.

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-based

85

organizations, domestic and sexual violence centers, community

86

mental health centers, labor organizations, and county health

87

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 have

93

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 of

101

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 members

105

constitute a quorum.

106

     (f) The task force shall meet at the call of the chairs and

107

shall conduct at least three public meetings in the state. The

108

meetings must be held in localities throughout this state which

109

may be a significant portals for traffickers to bring victims

110

into this state. Meetings of the task force are open to the

111

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 Statutes,

114

except to the extent that public access to any of those records

115

may be restricted pursuant to chapter 119, Florida Statutes.

116

     (g) Members of the task force shall serve without

117

compensation, but are entitled to reimbursement for per diem and

118

travel expenses in accordance with s. 112.061, Florida Statutes.

119

     (h) The Department of Law Enforcement, the Department of

120

Health, and the Department of Children and Family Services shall

121

provide staff support for the task force within existing

122

appropriations.

123

     (3) The task force shall carry out the following

124

activities:

125

     (a) Collect and organize data concerning the nature and

126

extent of trafficking in persons in Florida and measure and

127

evaluate the progress in the state in preventing trafficking,

128

protecting and providing assistance to victims of trafficking,

129

and prosecuting persons engaged in trafficking activities;

130

     (b) Identify available federal, state, and local programs

131

that provide services to victims of trafficking which include,

132

but are not limited to health care, human services, housing,

133

education, legal assistance, job training or preparation,

134

interpreting services, English as a Second Language classes, and

135

victim's compensation;

136

     (c) Evaluate approaches to increase public awareness of

137

trafficking, particularly the risks of becoming a trafficking

138

victim; the common recruitment techniques; the use of debt

139

bondage, blackmail, forced labor and services, prostitution, and

140

other coercive tactics; the crime victims' rights; and the

141

reporting of recruitment activities involved in trafficking;

142

     (d) Analyze the current state, local, and federal criminal

143

statutes for their adequacy in addressing trafficking and, if the

144

analysis determines that those statutes are inadequate, recommend

145

revisions to those statutes or the enactment of new statutes that

146

specifically define and address trafficking;

147

     (e) Consult with governmental and nongovernmental

148

organizations, especially those specializing in stopping

149

trafficking or representing diverse communities

150

disproportionately affected by trafficking, in developing

151

recommendations to strengthen state and local efforts to prevent

152

trafficking, protect and assist victims of trafficking, and

153

prosecute traffickers; and

154

     (f) Explore any other subject that is relevant to reducing

155

or eliminating the risks of unlawful trafficking of human beings

156

in this state and protecting victims of the trafficking.

157

     (4) The task force shall submit a preliminary draft report

158

of its findings and recommendations to the Governor, the

159

President of the Senate, and the Speaker of the House of

160

Representatives by July 1, 2009. The final report shall be filed

161

with the Governor, the President of the Senate, and the Speaker

162

of the House of Representatives by October 1, 2009. In addition

163

to the findings and recommendations included in the final report,

164

the report must include a draft of proposed rules and proposed

165

legislation for any recommendations requiring a change in rules

166

or legislation.

167

     (5) Each state agency shall fully cooperate with the task

168

force in the performance of its duties.

169

     (6) All meetings of the task force and all business of the

170

task force for which reimbursement may be requested shall be

171

concluded before the final report is filed.

172

     (7) The task force is abolished on July 1, 2010.

173

     Section 2.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.