CS/HB 535

1	A bill to be entitled
2	An act relating to sexual exploitation; providing a short
3	title; amending s. 39.001, F.S.; providing legislative
4	intent and goals; conforming cross-references; amending s.
5	39.01, F.S.; revising the definitions of the terms
6	"abuse," "child who is found to be dependent," and "sexual
7	abuse of a child"; amending s. 39.401, F.S.; requiring
8	delivery of children alleged to be dependant and sexually
9	exploited to short-term safe houses; amending s. 39.402,
10	F.S.; providing for a presumption that placement of a
11	child alleged to have been sexually exploited in a short-
12	term safe house is necessary; providing requirements for
13	findings in a shelter hearing relating to placement of an
14	allegedly sexually exploited child in a short-term safe
15	house; amending s. 39.521, F.S.; providing for a
16	presumption that placement of children alleged to have
17	been sexually exploited in a safe house is necessary;
18	creating s. 39.524, F.S.; requiring assessment of certain
19	children for placement in a safe house; providing for use
20	of such assessments; providing requirements for safe
21	houses receiving such children; providing for placement of
22	other children in safe houses when appropriate; requiring
23	an annual report concerning safe-house placements;
24	amending s. 322.28, F.S.; conforming a cross-reference;
25	creating s. 409.1678, F.S.; providing legislative intent
26	relating to safe houses; providing definitions; requiring
27	districts of the Department of Children and Family
28	Services to address child welfare service needs of
29	sexually exploited children as a component of their master
30	plans; providing for operation of safe houses; providing
31	duties, responsibilities, and requirements for safe houses
32	and their operators; providing for training for law
33	enforcement officials who are likely to encounter sexually
34	exploited children; amending s. 796.07, F.S.; revising
35	prohibitions on prostitution and related acts; providing a
36	civil penalty for use or threatened use of a deadly weapon
37	during the commission of specified offenses; providing for
38	an increased civil penalty and disposition of proceeds;
39	conforming a cross-reference; amending ss. 985.145 and
40	985.15, F.S.; providing a presumption against filing a
41	delinquency petition for certain prostitution-related
42	offenses in certain circumstances; providing an effective
43	date.
44
45	Be It Enacted by the Legislature of the State of Florida:
46
47	Section 1.  This act may be cited as the "Florida Safe
48	Harbor Act."
49	Section 2.  Subsections (4) through (12) of section 39.001,
50	Florida Statutes, are renumbered as subsections (5) through
51	(13), respectively, paragraph (c) of present subsection (7) and
52	paragraph (b) of present subsection (9) are amended, and a new
53	subsection (4) is added to that section, to read:
54	39.001  Purposes and intent; personnel standards and
55	screening.-
56	(4)  SEXUAL EXPLOITATION SERVICES.-
57	(a)  The Legislature recognizes that child sexual
58	exploitation is a serious problem nationwide and in this state.
59	The children at greatest risk of being sexually exploited are
60	runaways and throwaways. Many of these children have a history
61	of abuse and neglect. The vulnerability of these children starts
62	with isolation from family and friends. Traffickers maintain
63	control of child victims through psychological manipulation,
64	force, drug addiction, or the exploitation of economic,
65	physical, or emotional vulnerability. Children exploited through
66	the sex trade often find it difficult to trust adults because of
67	their abusive experiences. These children make up a population
68	that is hard to serve and harder to rehabilitate. Although
69	minors are by law unable to consent to sexual activity, they are
70	most often treated as perpetrators of crime rather than victims.
71	Moreover, the historical treatment of such children as
72	delinquents has too often resulted in the failure to
73	successfully prosecute the trafficker, who is the true wrongdoer
74	and threat to society.
75	(b)  The Legislature establishes the following goals for
76	the state related to the status and treatment of sexually
77	exploited children in the dependency process:
78	1.  To ensure the safety of children.
79	2.  To provide for the treatment of such children as
80	dependent children rather than as delinquents.
81	3.  To sever the bond between exploited children and
82	traffickers and to reunite these children with their families or
83	provide them with appropriate guardians.
84	4.  To enable such children to be willing and reliable
85	witnesses in the prosecution of traffickers.
86	(c)  The Legislature finds that sexually exploited children
87	need special care and services in the dependency process, which
88	include counseling, health care, substance abuse treatment,
89	educational opportunities, and a safe environment secure from
90	traffickers.
91	(d)  The Legislature further finds that sexually exploited
92	children need the special care and services described in
93	paragraph (c) independent of their citizenship, residency,
94	alien, or immigrant status. It is the intent of the Legislature
95	that this state provide such care and services to all sexually
96	exploited children in this state who are not otherwise receiving
97	comparable services, such as those under the federal Trafficking
98	Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
99	(8)(7)  OFFICE OF ADOPTION AND CHILD PROTECTION.-
100	(c)  The office is authorized and directed to:
101	1.  Oversee the preparation and implementation of the state
102	plan established under subsection (9) (8) and revise and update
103	the state plan as necessary.
104	2.  Provide for or make available continuing professional
105	education and training in the prevention of child abuse and
106	neglect.
107	3.  Work to secure funding in the form of appropriations,
108	gifts, and grants from the state, the Federal Government, and
109	other public and private sources in order to ensure that
110	sufficient funds are available for the promotion of adoption,
111	support of adoptive families, and child abuse prevention
112	efforts.
113	4.  Make recommendations pertaining to agreements or
114	contracts for the establishment and development of:
115	a.  Programs and services for the promotion of adoption,
116	support of adoptive families, and prevention of child abuse and
117	neglect.
118	b.  Training programs for the prevention of child abuse and
119	neglect.
120	c.  Multidisciplinary and discipline-specific training
121	programs for professionals with responsibilities affecting
122	children, young adults, and families.
123	d.  Efforts to promote adoption.
124	e.  Postadoptive services to support adoptive families.
125	5.  Monitor, evaluate, and review the development and
126	quality of local and statewide services and programs for the
127	promotion of adoption, support of adoptive families, and
128	prevention of child abuse and neglect and shall publish and
129	distribute an annual report of its findings on or before January
130	1 of each year to the Governor, the Speaker of the House of
131	Representatives, the President of the Senate, the head of each
132	state agency affected by the report, and the appropriate
133	substantive committees of the Legislature. The report shall
134	include:
135	a.  A summary of the activities of the office.
136	b.  A summary of the adoption data collected and reported
137	to the federal Adoption and Foster Care Analysis and Reporting
138	System (AFCARS) and the federal Administration for Children and
139	Families.
140	c.  A summary of the child abuse prevention data collected
141	and reported to the National Child Abuse and Neglect Data System
142	(NCANDS) and the federal Administration for Children and
143	Families.
144	d.  A summary detailing the timeliness of the adoption
145	process for children adopted from within the child welfare
146	system.
147	e.  Recommendations, by state agency, for the further
148	development and improvement of services and programs for the
149	promotion of adoption, support of adoptive families, and
150	prevention of child abuse and neglect.
151	f.  Budget requests, adoption promotion and support needs,
152	and child abuse prevention program needs by state agency.
153	6.  Work with the direct-support organization established
154	under s. 39.0011 to receive financial assistance.
155	(10)(9)  FUNDING AND SUBSEQUENT PLANS.-
156	(b)  The office and the other agencies and organizations
157	listed in paragraph (9)(8)(a) shall readdress the state plan and
158	make necessary revisions every 5 years, at a minimum. Such
159	revisions shall be submitted to the Speaker of the House of
160	Representatives and the President of the Senate no later than
161	June 30 of each year divisible by 5. At least biennially, the
162	office shall review the state plan and make any necessary
163	revisions based on changing needs and program evaluation
164	results. An annual progress report shall be submitted to update
165	the state plan in the years between the 5-year intervals. In
166	order to avoid duplication of effort, these required plans may
167	be made a part of or merged with other plans required by either
168	the state or Federal Government, so long as the portions of the
169	other state or Federal Government plan that constitute the state
170	plan for the promotion of adoption, support of adoptive
171	families, and prevention of child abuse, abandonment, and
172	neglect are clearly identified as such and are provided to the
173	Speaker of the House of Representatives and the President of the
174	Senate as required above.
175	Section 3.  Subsections (2) and (15) and paragraph (g) of
176	subsection (67) of section 39.01, Florida Statutes, are amended
177	to read:
178	39.01  Definitions.-When used in this chapter, unless the
179	context otherwise requires:
180	(2)  "Abuse" means any willful act or threatened act that
181	results in any physical, mental, or sexual abuse or injury or
182	harm that causes or is likely to cause the child's physical,
183	mental, or emotional health to be significantly impaired. Abuse
184	of a child includes acts or omissions. Corporal discipline of a
185	child by a parent or legal custodian for disciplinary purposes
186	does not in itself constitute abuse when it does not result in
187	harm to the child.
188	(15)  "Child who is found to be dependent" means a child
189	who, pursuant to this chapter, is found by the court:
190	(a)  To have been abandoned, abused, or neglected by the
191	child's parent or parents or legal custodians;
192	(b)  To have been surrendered to the department, the former
193	Department of Health and Rehabilitative Services, or a licensed
194	child-placing agency for purpose of adoption;
195	(c)  To have been voluntarily placed with a licensed child-
196	caring agency, a licensed child-placing agency, an adult
197	relative, the department, or the former Department of Health and
198	Rehabilitative Services, after which placement, under the
199	requirements of this chapter, a case plan has expired and the
200	parent or parents or legal custodians have failed to
201	substantially comply with the requirements of the plan;
202	(d)  To have been voluntarily placed with a licensed child-
203	placing agency for the purposes of subsequent adoption, and a
204	parent or parents have signed a consent pursuant to the Florida
205	Rules of Juvenile Procedure;
206	(e)  To have no parent or legal custodians capable of
207	providing supervision and care; or
208	(f)  To be at substantial risk of imminent abuse,
209	abandonment, or neglect by the parent or parents or legal
210	custodians; or
211	(g)  To have been sexually exploited and to have no parent,
212	legal custodian, or responsible adult relative currently known
213	and capable of providing the necessary and appropriate
214	supervision and care.
215	(67)  "Sexual abuse of a child" means one or more of the
216	following acts:
217	(g)  The sexual exploitation of a child, which includes the
218	act of a child offering to engage in or engaging in
219	prostitution; or allowing, encouraging, or forcing a child to:
220	1.  Solicit for or engage in prostitution; or
221	2.  Engage in a sexual performance, as defined by chapter
222	827; or
223	3.  Participate in the trade of sex trafficking as provided
224	in s. 796.035.
225	Section 4.  Paragraph (b) of subsection (2) and paragraph
226	(b) of subsection (3) of section 39.401, Florida Statutes, are
227	amended to read:
228	39.401  Taking a child alleged to be dependent into
229	custody; law enforcement officers and authorized agents of the
230	department.-
231	(2)  If the law enforcement officer takes the child into
232	custody, that officer shall:
233	(b)  Deliver the child to an authorized agent of the
234	department, stating the facts by reason of which the child was
235	taken into custody and sufficient information to establish
236	probable cause that the child is abandoned, abused, or
237	neglected, or otherwise dependent. In the case of a child who is
238	sexually exploited, the law enforcement officer shall deliver
239	the child to the appropriate short-term safe house as provided
240	for in s. 409.1678 if a short-term safe house is available.
241
242	For cases involving allegations of abandonment, abuse, or
243	neglect, or other dependency cases, within 3 days after such
244	release or within 3 days after delivering the child to an
245	authorized agent of the department, the law enforcement officer
246	who took the child into custody shall make a full written report
247	to the department.
248	(3)  If the child is taken into custody by, or is delivered
249	to, an authorized agent of the department, the agent shall
250	review the facts supporting the removal with an attorney
251	representing the department. The purpose of the review is to
252	determine whether there is probable cause for the filing of a
253	shelter petition.
254	(b)  If the facts are sufficient and the child has not been
255	returned to the custody of the parent or legal custodian, the
256	department shall file the petition and schedule a hearing, and
257	the attorney representing the department shall request that a
258	shelter hearing be held within 24 hours after the removal of the
259	child. While awaiting the shelter hearing, the authorized agent
260	of the department may place the child in licensed shelter care,
261	or in a short-term safe house if the child is a sexually
262	exploited child, or may release the child to a parent or legal
263	custodian or responsible adult relative or the adoptive parent
264	of the child's sibling who shall be given priority consideration
265	over a licensed placement, or a responsible adult approved by
266	the department if this is in the best interests of the child.
267	Placement of a child which is not in a licensed shelter must be
268	preceded by a criminal history records check as required under
269	s. 39.0138. In addition, the department may authorize placement
270	of a housekeeper/homemaker in the home of a child alleged to be
271	dependent until the parent or legal custodian assumes care of
272	the child.
273	Section 5.  Subsection (2) and paragraphs (a), (d), and (h)
274	of subsection (8) of section 39.402, Florida Statutes, are
275	amended to read:
276	39.402  Placement in a shelter.-
277	(2)  A child taken into custody may be placed or continued
278	in a shelter only if one or more of the criteria in subsection
279	(1) applies and the court has made a specific finding of fact
280	regarding the necessity for removal of the child from the home
281	and has made a determination that the provision of appropriate
282	and available services will not eliminate the need for
283	placement. In the case of a child who is alleged to have been
284	sexually exploited, there is a rebuttable presumption that
285	placement in a short-term safe house is necessary.
286	(8)(a)  A child may not be held in a shelter longer than 24
287	hours unless an order so directing is entered by the court after
288	a shelter hearing. In the interval until the shelter hearing is
289	held, the decision to place the child in a shelter or release
290	the child from a shelter lies with the protective investigator.
291	In the case of a child who is alleged to have been sexually
292	exploited, there is a rebuttable presumption that placement in a
293	short-term safe house is necessary.
294	(d)  At the shelter hearing, in order to continue the child
295	in shelter care:
296	1.  The department must establish probable cause that
297	reasonable grounds for removal exist and that the provision of
298	appropriate and available services will not eliminate the need
299	for placement; or
300	2.  The department must establish probable cause for the
301	belief that the child has been sexually exploited and,
302	therefore, that placement in a short-term safe house is the most
303	appropriate environment for the child; or
304	3.2.  The court must determine that additional time is
305	necessary, which may not exceed 72 hours, in which to obtain and
306	review documents pertaining to the family in order to
307	appropriately determine the risk to the child during which time
308	the child shall remain in the department's custody, if so
309	ordered by the court.
310	(h)  The order for placement of a child in shelter care
311	must identify the parties present at the hearing and must
312	contain written findings:
313	1.  That placement in shelter care is necessary based on
314	the criteria in subsections (1) and (2).
315	2.  That placement in shelter care is in the best interest
316	of the child.
317	3.  That continuation of the child in the home is contrary
318	to the welfare of the child because the home situation presents
319	a substantial and immediate danger to the child's physical,
320	mental, or emotional health or safety which cannot be mitigated
321	by the provision of preventive services.
322	4.  That based upon the allegations of the petition for
323	placement in shelter care, there is probable cause to believe
324	that the child is dependent or that the court needs additional
325	time, which may not exceed 72 hours, in which to obtain and
326	review documents pertaining to the family in order to
327	appropriately determine the risk to the child.
328	5.  That the department has made reasonable efforts to
329	prevent or eliminate the need for removal of the child from the
330	home. A finding of reasonable effort by the department to
331	prevent or eliminate the need for removal may be made and the
332	department is deemed to have made reasonable efforts to prevent
333	or eliminate the need for removal if:
334	a.  The first contact of the department with the family
335	occurs during an emergency;
336	b.  The appraisal of the home situation by the department
337	indicates that the home situation presents a substantial and
338	immediate danger to the child's physical, mental, or emotional
339	health or safety which cannot be mitigated by the provision of
340	preventive services;
341	c.  The child cannot safely remain at home, either because
342	there are no preventive services that can ensure the health and
343	safety of the child or because, even with appropriate and
344	available services being provided, the health and safety of the
345	child cannot be ensured; or
346	d.  The child has been sexually exploited; or
347	e.d.  The parent or legal custodian is alleged to have
348	committed any of the acts listed as grounds for expedited
349	termination of parental rights in s. 39.806(1)(f)-(i).
350	6.  That the court notified the parents, relatives that are
351	providing out-of-home care for the child, or legal custodians of
352	the time, date, and location of the next dependency hearing and
353	of the importance of the active participation of the parents,
354	relatives that are providing out-of-home care for the child, or
355	legal custodians in all proceedings and hearings.
356	7.  That the court notified the parents or legal custodians
357	of their right to counsel to represent them at the shelter
358	hearing and at each subsequent hearing or proceeding, and the
359	right of the parents to appointed counsel, pursuant to the
360	procedures set forth in s. 39.013.
361	8.  That the court notified relatives who are providing
362	out-of-home care for a child as a result of the shelter petition
363	being granted that they have the right to attend all subsequent
364	hearings, to submit reports to the court, and to speak to the
365	court regarding the child, if they so desire.
366	Section 6.  Paragraph (f) of subsection (1) and paragraph
367	(d) of subsection (3) of section 39.521, Florida Statutes, are
368	amended to read:
369	39.521  Disposition hearings; powers of disposition.-
370	(1)  A disposition hearing shall be conducted by the court,
371	if the court finds that the facts alleged in the petition for
372	dependency were proven in the adjudicatory hearing, or if the
373	parents or legal custodians have consented to the finding of
374	dependency or admitted the allegations in the petition, have
375	failed to appear for the arraignment hearing after proper
376	notice, or have not been located despite a diligent search
377	having been conducted.
378	(f)  If the court places the child in an out-of-home
379	placement, the disposition order must include a written
380	determination that the child cannot safely remain at home with
381	reunification or family preservation services and that removal
382	of the child is necessary to protect the child. If the child is
383	removed before the disposition hearing, the order must also
384	include a written determination as to whether, after removal,
385	the department made a reasonable effort to reunify the parent
386	and child. Reasonable efforts to reunify are not required if the
387	court finds that any of the acts listed in s. 39.806(1)(f)-(l)
388	have occurred. The department has the burden of demonstrating
389	that it made reasonable efforts.
390	1.  For the purposes of this paragraph, the term
391	"reasonable effort" means the exercise of reasonable diligence
392	and care by the department to provide the services ordered by
393	the court or delineated in the case plan.
394	2.  In support of its determination as to whether
395	reasonable efforts have been made, the court shall:
396	a.  Enter written findings as to whether prevention or
397	reunification efforts were indicated.
398	b.  If prevention or reunification efforts were indicated,
399	include a brief written description of what appropriate and
400	available prevention and reunification efforts were made.
401	c.  Indicate in writing why further efforts could or could
402	not have prevented or shortened the separation of the parent and
403	child.
404	3.  A court may find that the department made a reasonable
405	effort to prevent or eliminate the need for removal if:
406	a.  The first contact of the department with the family
407	occurs during an emergency;
408	b.  The appraisal by the department of the home situation
409	indicates a substantial and immediate danger to the child's
410	safety or physical, mental, or emotional health which cannot be
411	mitigated by the provision of preventive services;
412	c.  The child cannot safely remain at home, because there
413	are no preventive services that can ensure the health and safety
414	of the child or, even with appropriate and available services
415	being provided, the health and safety of the child cannot be
416	ensured. There is a rebuttable presumption that a sexually
417	exploited child as defined in s. 39.01(67)(g) meets the terms of
418	this subparagraph; or
419	d.  The parent is alleged to have committed any of the acts
420	listed as grounds for expedited termination of parental rights
421	under s. 39.806(1)(f)-(l).
422	4.  A reasonable effort by the department for reunification
423	has been made if the appraisal of the home situation by the
424	department indicates that the severity of the conditions of
425	dependency is such that reunification efforts are inappropriate.
426	The department has the burden of demonstrating to the court that
427	reunification efforts were inappropriate.
428	5.  If the court finds that the prevention or reunification
429	effort of the department would not have permitted the child to
430	remain safely at home, the court may commit the child to the
431	temporary legal custody of the department or take any other
432	action authorized by this chapter.
433	(3)  When any child is adjudicated by a court to be
434	dependent, the court shall determine the appropriate placement
435	for the child as follows:
436	(d)  If the child cannot be safely placed in a nonlicensed
437	placement, the court shall commit the child to the temporary
438	legal custody of the department. Such commitment invests in the
439	department all rights and responsibilities of a legal custodian.
440	The department shall not return any child to the physical care
441	and custody of the person from whom the child was removed,
442	except for court-approved visitation periods, without the
443	approval of the court. Any order for visitation or other contact
444	must conform to the provisions of s. 39.0139. There is a
445	rebuttable presumption that any child who has been found to be a
446	victim of sexual exploitation as defined in s. 39.01(67)(g) be
447	committed to a safe house as provided for in s. 409.1678. The
448	term of such commitment continues until terminated by the court
449	or until the child reaches the age of 18. After the child is
450	committed to the temporary legal custody of the department, all
451	further proceedings under this section are governed by this
452	chapter.
453
454	Protective supervision continues until the court terminates it
455	or until the child reaches the age of 18, whichever date is
456	first. Protective supervision shall be terminated by the court
457	whenever the court determines that permanency has been achieved
458	for the child, whether with a parent, another relative, or a
459	legal custodian, and that protective supervision is no longer
460	needed. The termination of supervision may be with or without
461	retaining jurisdiction, at the court's discretion, and shall in
462	either case be considered a permanency option for the child. The
463	order terminating supervision by the department shall set forth
464	the powers of the custodian of the child and shall include the
465	powers ordinarily granted to a guardian of the person of a minor
466	unless otherwise specified. Upon the court's termination of
467	supervision by the department, no further judicial reviews are
468	required, so long as permanency has been established for the
469	child.
470	Section 7.  Section 39.524, Florida Statutes, is created to
471	read:
472	39.524  Safe-harbor placement.-
473	(1)  Except as provided in s. 39.407, any dependent child 6
474	years of age or older who has been found to be a victim of
475	sexual exploitation as defined in s. 39.01(67)(g) must be
476	assessed for placement in a safe house as provided in s.
477	409.1678. The assessment shall be conducted by the department or
478	its agent and shall incorporate and address current and
479	historical information from any law enforcement reports;
480	psychological testing or evaluation that has occurred; current
481	and historical information from the guardian ad litem, if one
482	has been assigned; current and historical information from any
483	current therapist, teacher, or other professional who has
484	knowledge of the child and has worked with the child; and any
485	other information concerning the availability and suitability of
486	safe-house placement. If such placement is determined to be
487	appropriate as a result of this procedure, the child must be
488	placed in a safe house, if available.
489	(2)  The results of the assessment described in subsection
490	(1) and the actions taken as a result of the assessment must be
491	included in the next judicial review of the child. At each
492	subsequent judicial review, the court must be advised in writing
493	of the status of the child's placement, with special reference
494	regarding the stability of the placement and the permanency
495	planning for the child.
496	(3)  Any safe house that receives children under this
497	section shall establish special permanency teams dedicated to
498	overcoming the special permanency challenges presented by this
499	population of children. Each facility shall report to the
500	department its success in achieving permanency for children
501	placed by the department in its care at intervals that allow the
502	current information to be provided to the court at each judicial
503	review for the child.
504	(4)  This section does not prohibit the department from
505	assessing and placing children who do not meet the criteria in
506	subsection (1) in a safe house if such placement is the most
507	appropriate placement for such children.
508	(5)(a)1.  By December 1 of each year, the department shall
509	report to the Legislature on the placement of children in safe
510	houses during the year, including the criteria used to determine
511	the placement of children, the number of children who were
512	evaluated for placement, the number of children who were placed
513	based upon the evaluation, and the number of children who were
514	not placed.
515	2.  The department shall maintain data specifying the
516	number of children who were referred to a safe house for whom
517	placement was unavailable and the counties in which such
518	placement was unavailable. The department shall include this
519	data in its report under this paragraph, so that the Legislature
520	may consider this information in developing the General
521	Appropriations Act.
522	(b)  As part of the report required in paragraph (a), the
523	department shall also provide a detailed account of the
524	expenditures incurred for "Special Categories: Grants and Aids-
525	Safe Houses" for the fiscal year immediately preceding the date
526	of the report. The document must present the information by
527	district and must specify, at a minimum, the number of
528	additional beds, the average rate per bed, the number of
529	additional persons served, and a description of the enhanced and
530	expanded services provided.
531	Section 8.  Subsection (7) of section 322.28, Florida
532	Statutes, is amended to read:
533	322.28  Period of suspension or revocation.-
534	(7)  Following a second or subsequent violation of s.
535	796.07(2)(e)(f) which involves a motor vehicle and which results
536	in any judicial disposition other than acquittal or dismissal,
537	in addition to any other sentence imposed, the court shall
538	revoke the person's driver's license or driving privilege,
539	effective upon the date of the disposition, for a period of not
540	less than 1 year. A person sentenced under this subsection may
541	request a hearing under s. 322.271.
542	Section 9.  Section 409.1678, Florida Statutes, is created
543	to read:
544	409.1678  Safe harbor for children who are victims of
545	sexual exploitation.-
546	(1)  It is the intent of the Legislature to provide safe
547	houses and short-term safe houses for sexually exploited
548	children to give them a secure residential environment; to allow
549	them to be reintegrated into society as stable and productive
550	members; and, if appropriate, to enable them to testify as
551	witnesses in criminal proceedings related to their exploitation.
552	Such children require a full range of services in addition to
553	security, which include medical care, counseling, education, and
554	mentoring. These services are to be provided in a secure
555	residential setting by a not-for-profit corporation or a local
556	government entity under a contract with the department or by a
557	lead agency as described in s. 409.1671, provided that the
558	expenditure of such funds is calculated by the department to be
559	a potential cost savings and more cost-effective than those
560	otherwise provided by the government. These contracts should be
561	designed to provide an identified number of children with access
562	to a full array of services for a fixed price. Further, it is
563	the intent of the Legislature that the department and the
564	Department of Juvenile Justice establish an interagency
565	agreement by December 1, 2010, which describes respective agency
566	responsibilities for referral, placement, service provision, and
567	service coordination for dependent and delinquent youth who are
568	referred to these residential group care facilities. The
569	agreement must require interagency collaboration in the
570	development of terms, conditions, and performance outcomes for
571	safe-house contracts serving these children who have been
572	adjudicated dependent or delinquent.
573	(2)  As used in this section, the term:
574	(a)  "Child advocate" means an employee of a short-term
575	safe house who has been trained to work with and advocate for
576	the needs of sexually exploited children. The advocate shall
577	accompany the child to all court appearances, meetings with law
578	enforcement and the state attorney's office, and shall serve as
579	a liaison between the short-term safe house and the court.
580	(b)  "Safe house" means a living environment that has set
581	aside gender-specific, separate, and distinct living quarters
582	for sexually exploited children who have been adjudicated
583	dependent or delinquent and need to reside in a secure
584	residential facility with 24-hour-awake staff. A safe house
585	shall be operated by a licensed family foster home or
586	residential child-caring agency as defined in s. 409.175,
587	including a runaway youth center as defined in s. 409.441. Each
588	facility must be appropriately licensed in this state as a
589	residential child-caring agency as defined in s. 409.175 and
590	must be accredited by July 1, 2011. A safe house serving
591	children who have been sexually exploited must have available
592	staff or contract personnel with the clinical expertise,
593	credentials, and training to provide services identified in
594	paragraph (3)(e).
595	(c)  "Sexually exploited child" means a dependent child who
596	has suffered sexual abuse as defined in s. 39.01(67)(g) and is
597	ineligible for relief and benefits under the federal Trafficking
598	Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
599	(d)  "Short-term safe house" means a shelter operated by a
600	licensed family foster home or residential child-caring agency
601	as defined in s. 409.175, including a runaway youth center as
602	defined in s. 409.441, that has set aside gender-specific,
603	separate, and distinct living quarters for sexually exploited
604	children. In addition to shelter, the house shall provide
605	services and care to sexually exploited children, including
606	food, clothing, medical care, counseling, and appropriate crisis
607	intervention services at the time they are taken into custody by
608	law enforcement or the department.
609	(3)(a)  Notwithstanding any other provision of law,
610	pursuant to regulations of the department, every district of the
611	department shall address the child welfare service needs of
612	sexually exploited children as a component of the district's
613	master plan and, to the extent that funds are available, ensure
614	that preventive services, including a short-term safe house to
615	serve sexually exploited children, are available to children
616	residing in the district. The department or a lead agency that
617	has been established in accordance with s. 409.1671 shall
618	contract with an appropriate not-for-profit agency with
619	experience working with sexually exploited children to operate
620	such a short-term safe house. Nothing in this section shall
621	prohibit a district from using a homeless youth program or
622	services for victims of human trafficking for such purposes so
623	long as the staff members have received appropriate training
624	approved by the department regarding sexually exploited children
625	and the existing programs and facilities provide a safe, secure,
626	and appropriate environment for sexually exploited children.
627	Crisis intervention services, short-term safe-house care, and
628	community programming may, where appropriate, be provided by the
629	same not-for-profit agency. Districts may work cooperatively to
630	provide such short-term safe-house services and programming, and
631	access to such placement, services, and programming may be
632	provided on a regional basis, provided that every district
633	ensures, to the extent that funds are available, that such
634	placement, services, and programs are readily accessible to
635	sexually exploited children residing within the district.
636	(b)  The capacity of the crisis intervention services and
637	community-based programs in subsection (1) shall be based on the
638	number of sexually exploited children in each district who are
639	in need of such services. A determination of such need shall be
640	made annually in every district by the local administrator of
641	the department and be included in the department's master plan.
642	This determination shall be made in consultation with local law
643	enforcement, runaway and homeless youth program providers, local
644	probation departments, local community-based care and social
645	services, local guardians ad litem, public defenders, state
646	attorney's offices, and child advocates and services providers
647	who work directly with sexually exploited youth.
648	(c)  The department shall contract with an appropriate not-
649	for-profit agency with experience working with sexually
650	exploited children to operate at least one safe house in a
651	geographically appropriate area of the state, which shall
652	provide safe and secure long-term housing and specialized
653	services for sexually exploited children throughout the state.
654	The appropriateness of the geographic location shall be
655	determined taking into account the areas of the state with high
656	numbers of sexually exploited children and the need for sexually
657	exploited children to find shelter and long-term placement in a
658	secure and beneficial environment. The department shall
659	determine the need for more than one safe house based on the
660	numbers and geographical location of sexually exploited children
661	within the state.
662	(d)  The department, in accordance with a specific
663	appropriation for this program, shall contract with a not-for-
664	profit corporation, a local government entity, or a lead agency
665	that has been established in accordance with s. 409.1671 for the
666	performance of short-term safe-house and safe-house services
667	described in this section. A lead agency that is currently
668	providing the equivalent of a safe house may provide this
669	service directly with the approval of the department. The
670	department or a lead agency may contract for more than one
671	short-term safe house in a district and more than one safe house
672	in the state if that is determined to be the most effective way
673	to achieve the goals of this section.
674	(e)  The lead agency, the contracted not-for-profit
675	corporation, or the local government entity is responsible for
676	security, crisis intervention services, general counseling and
677	victim-witness counseling, a comprehensive assessment,
678	residential care, transportation, access to behavioral health
679	services, recreational activities, food, clothing, supplies,
680	infant care, and miscellaneous expenses associated with caring
681	for these children; for necessary arrangement for or provision
682	of educational services, including life skills services and
683	planning services to successfully transition residents back to
684	the community; and for ensuring necessary and appropriate health
685	and dental care.
686	(f)  The department may transfer all casework
687	responsibilities for children served under this program to the
688	entity that provides the safe-house service, including case
689	management and development and implementation of a case plan in
690	accordance with current standards for child protection services.
691	When the department establishes this program in a community that
692	has a lead agency as described in s. 409.1671, the casework
693	responsibilities must be transferred to the lead agency.
694	(g)  This section does not prohibit any provider of these
695	services from appropriately billing Medicaid for services
696	rendered, from contracting with a local school district for
697	educational services, or from obtaining federal or local funding
698	for services provided, as long as two or more funding sources do
699	not pay for the same specific service that has been provided to
700	a child.
701	(h)  The lead agency, not-for-profit corporation, or local
702	government entity has the legal authority for children served in
703	a safe-house program, as provided in chapter 39 or this chapter,
704	as appropriate, to enroll the child in school, to sign for a
705	driver's license for the child, to cosign loans and insurance
706	for the child, to sign for medical treatment of the child, and
707	to authorize other such activities.
708	(i)  The department shall provide technical assistance as
709	requested and contract management services.
710	(j)  The provisions of this section shall be implemented to
711	the extent of available appropriations contained in the General
712	Appropriations Act for such purpose.
713	(k)  The department may adopt rules pursuant to ss.
714	120.536(1) and 120.54 to implement the provisions of this
715	section conferring duties upon it.
716	(l)  All of the services created under this section may, to
717	the extent possible provided by law, be available to all
718	sexually exploited children whether they are accessed
719	voluntarily, as a condition of probation, through a diversion
720	program, through a proceeding under chapter 39, or through a
721	referral from a local community based care or social service
722	agency.
723	(4)  The local district administrator may, to the extent
724	that funds are available, in conjunction with local law
725	enforcement officials, contract with an appropriate not-for-
726	profit agency with experience working with sexually exploited
727	children to train law enforcement officials who are likely to
728	encounter sexually exploited children in the course of their law
729	enforcement duties on the provisions of this section and how to
730	identify and obtain appropriate services for sexually exploited
731	children. Districts may work cooperatively to provide such
732	training, and such training may be provided on a regional basis.
733	The department shall assist districts in obtaining any available
734	funds for the purposes of conducting law enforcement training
735	from the United States Department of Justice, Office of Juvenile
736	Justice and Delinquency Prevention.
737	Section 10.  Present subsection (2) and (6) of section
738	796.07, Florida Statutes, are amended, present subsections (3)
739	through (6) are redesignated as subsections (4) through (7),
740	respectively, and a new subsection (3) is added to that section,
741	to read:
742	796.07  Prohibiting prostitution and related acts, etc.;
743	evidence; penalties; definitions.-
744	(2)  It is unlawful to:
745	(a)  To Own, establish, maintain, or operate any place,
746	structure, building, or conveyance for the purpose of lewdness,
747	assignation, or prostitution.
748	(b)  To Offer, or to offer or agree to secure, another for
749	the purpose of prostitution or for any other lewd or indecent
750	act.
751	(c)  To Receive, or to offer or agree to receive, any
752	person into any place, structure, building, or conveyance for
753	the purpose of prostitution, lewdness, or assignation, or to
754	permit any person to remain there for such purpose.
755	(d)  To Direct, take, or transport, or to offer or agree to
756	direct, take, or transport, any person to any place, structure,
757	or building, or to any other person, with knowledge or
758	reasonable cause to believe that the purpose of such directing,
759	taking, or transporting is prostitution, lewdness, or
760	assignation.
761	(e)  To offer to commit, or to commit, or to engage in,
762	prostitution, lewdness, or assignation.
763	(e)(f)  To Solicit, induce, entice, or procure another to
764	commit prostitution, lewdness, or assignation.
765	(f)  Use or threaten to use a deadly weapon during the
766	commission of one of the offenses enumerated in subsection (3).
767	(g)  To reside in, enter, or remain in, any place,
768	structure, or building, or to enter or remain in any conveyance,
769	for the purpose of prostitution, lewdness, or assignation.
770	(h)  To aid, abet, or participate in any of the acts or
771	things enumerated in this subsection.
772	(i)  To purchase the services of any person engaged in
773	prostitution.
774	(3)  It is unlawful for any person 16 years of age or older
775	to:
776	(a)  Purchase the services of any person engaged in
777	prostitution.
778	(b)  Offer to commit, or to commit, or to engage in,
779	prostitution, lewdness, or assignation.
780	(c)  Reside in, enter, or remain in, any place, structure,
781	or building, or to enter or remain in any conveyance, for the
782	purpose of prostitution, lewdness, or assignation.
783	(d)  Aid, abet, or participate in any of the acts or things
784	enumerated in subsection (2) or this subsection.
785	(7)(6)  A person who violates paragraph (2)(e) or paragraph
786	(2)(f) shall be assessed a civil penalty of $5,000 $500 if the
787	violation results in any judicial disposition other than
788	acquittal or dismissal. Of the proceeds from each penalty
789	penalties assessed under this subsection $500 shall be paid to
790	the circuit court administrator for the sole purpose of paying
791	the administrative costs of treatment-based drug court programs
792	provided under s. 397.334 and $4,500 shall be paid to the
793	Department of Children and Family Services for the sole purpose
794	of funding safe houses and short-term safe houses as provided in
795	s. 409.1678.
796	Section 11.  Paragraph (i) of subsection (1) of section
797	985.145, Florida Statutes, is amended to read:
798	985.145  Responsibilities of juvenile probation officer
799	during intake; screenings and assessments.-
800	(1)  The juvenile probation officer shall serve as the
801	primary case manager for the purpose of managing, coordinating,
802	and monitoring the services provided to the child. Each program
803	administrator within the Department of Children and Family
804	Services shall cooperate with the primary case manager in
805	carrying out the duties and responsibilities described in this
806	section. In addition to duties specified in other sections and
807	through departmental rules, the assigned juvenile probation
808	officer shall be responsible for the following:
809	(i)  Recommendation concerning a petition.-Upon determining
810	that the report, affidavit, or complaint complies with the
811	standards of a probable cause affidavit and that the interests
812	of the child and the public will be best served, the juvenile
813	probation officer may recommend that a delinquency petition not
814	be filed. If such a recommendation is made, the juvenile
815	probation officer shall advise in writing the person or agency
816	making the report, affidavit, or complaint, the victim, if any,
817	and the law enforcement agency having investigative jurisdiction
818	over the offense of the recommendation; the reasons therefor;
819	and that the person or agency may submit, within 10 days after
820	the receipt of such notice, the report, affidavit, or complaint
821	to the state attorney for special review. In the case of a
822	report, affidavit, or complaint alleging a violation of s.
823	796.07(3), there is a presumption that the juvenile probation
824	officer recommend that a petition not be filed unless the child
825	has previously been adjudicated delinquent. The state attorney,
826	upon receiving a request for special review, shall consider the
827	facts presented by the report, affidavit, or complaint, and by
828	the juvenile probation officer who made the recommendation that
829	no petition be filed, before making a final decision as to
830	whether a petition or information should or should not be filed.
831	Section 12.  Paragraph (c) of subsection (1) of section
832	985.15, Florida Statutes, is amended to read:
833	985.15  Filing decisions.-
834	(1)  The state attorney may in all cases take action
835	independent of the action or lack of action of the juvenile
836	probation officer and shall determine the action that is in the
837	best interest of the public and the child. If the child meets
838	the criteria requiring prosecution as an adult under s. 985.556,
839	the state attorney shall request the court to transfer and
840	certify the child for prosecution as an adult or shall provide
841	written reasons to the court for not making such a request. In
842	all other cases, the state attorney may:
843	(c)  File a petition for delinquency. In the case of a
844	report, affidavit, or complaint alleging a violation of s.
845	796.07(3), there is a presumption that a petition not be filed
846	unless the child has previously been adjudicated delinquent;
847	Section 13.  This act shall take effect July 1, 2010.

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