Florida Senate - 2012                              CS for SB 202
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Flores
       
       
       
       586-01578-12                                           2012202c1
    1                        A bill to be entitled                      
    2         An act relating to sexual exploitation; providing a
    3         short title; amending s. 39.001, F.S.; providing
    4         legislative intent and goals; conforming cross
    5         references; amending s. 39.01, F.S.; revising the
    6         definitions of the terms “abuse,” “child who is found
    7         to be dependent,” and “sexual abuse of a child”;
    8         amending s. 39.401, F.S.; authorizing delivery of
    9         children alleged to be dependent and sexually
   10         exploited to short-term safe houses; amending s.
   11         39.402, F.S.; providing for a presumption that
   12         placement of a child alleged to have been sexually
   13         exploited in a short-term safe house is necessary;
   14         providing requirements for findings in a shelter
   15         hearing relating to placement of an allegedly sexually
   16         exploited child in a short-term safe house; amending
   17         s. 39.521, F.S.; providing for a presumption that
   18         placement of a child alleged to have been sexually
   19         exploited in a safe house is necessary; creating s.
   20         39.524, F.S.; requiring assessment of certain children
   21         for placement in a safe house; providing for use of
   22         such assessments; providing requirements for safe
   23         houses receiving such children; requiring an annual
   24         report concerning safe-house placements; creating s.
   25         409.1678, F.S.; providing definitions; requiring
   26         circuits of the Department of Children and Family
   27         Services to address child welfare service needs of
   28         sexually exploited children as a component of their
   29         master plans; providing duties, responsibilities, and
   30         requirements for safe houses and their operators;
   31         providing for training for law enforcement officials
   32         who are likely to encounter sexually exploited
   33         children; amending s. 796.07, F.S.; providing for an
   34         increased civil penalty for soliciting another to
   35         commit prostitution or related acts; providing for
   36         disposition of proceeds; amending s. 960.065, F.S.;
   37         allowing victim compensation for sexually exploited
   38         children; amending s. 985.115, F.S.; conforming a
   39         provision to changes made by the act; providing an
   40         effective date.
   41  
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. This act may be cited as the “Florida Safe
   45  Harbor Act.”
   46         Section 2. Subsections (4) through (12) of section 39.001,
   47  Florida Statutes, are renumbered as subsections (5) through
   48  (13), respectively, paragraph (c) of present subsection (7) and
   49  paragraph (b) of present subsection (9) are amended, and a new
   50  subsection (4) is added to that section, to read:
   51         39.001 Purposes and intent; personnel standards and
   52  screening.—
   53         (4) SEXUAL EXPLOITATION SERVICES.—
   54         (a) The Legislature recognizes that child sexual
   55  exploitation is a serious problem nationwide and in this state.
   56  The children at greatest risk of being sexually exploited are
   57  runaways and throwaways. Many of these children have a history
   58  of abuse and neglect. The vulnerability of these children starts
   59  with isolation from family and friends. Traffickers maintain
   60  control of child victims through psychological manipulation,
   61  force, drug addiction, or the exploitation of economic,
   62  physical, or emotional vulnerability. Children exploited through
   63  the sex trade often find it difficult to trust adults because of
   64  their abusive experiences. These children make up a population
   65  that is difficult to serve and even more difficult to
   66  rehabilitate.
   67         (b) The Legislature establishes the following goals for the
   68  state related to the status and treatment of sexually exploited
   69  children in the dependency process:
   70         1. To ensure the safety of children.
   71         2. To provide for the treatment of such children as
   72  dependent children rather than as delinquents.
   73         3. To sever the bond between exploited children and
   74  traffickers and to reunite these children with their families or
   75  provide them with appropriate guardians.
   76         4. To enable such children to be willing and reliable
   77  witnesses in the prosecution of traffickers.
   78         (c) The Legislature finds that sexually exploited children
   79  need special care and services in the dependency process,
   80  including counseling, health care, substance abuse treatment,
   81  educational opportunities, and a safe environment secure from
   82  traffickers.
   83         (d) The Legislature further finds that sexually exploited
   84  children need the special care and services described in
   85  paragraph (c) independent of their citizenship, residency,
   86  alien, or immigrant status. It is the intent of the Legislature
   87  that this state provide such care and services to all sexually
   88  exploited children in this state who are not otherwise receiving
   89  comparable services, such as those under the federal Trafficking
   90  Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
   91         (8)(7) OFFICE OF ADOPTION AND CHILD PROTECTION.—
   92         (c) The office is authorized and directed to:
   93         1. Oversee the preparation and implementation of the state
   94  plan established under subsection (9) (8) and revise and update
   95  the state plan as necessary.
   96         2. Provide for or make available continuing professional
   97  education and training in the prevention of child abuse and
   98  neglect.
   99         3. Work to secure funding in the form of appropriations,
  100  gifts, and grants from the state, the Federal Government, and
  101  other public and private sources in order to ensure that
  102  sufficient funds are available for the promotion of adoption,
  103  support of adoptive families, and child abuse prevention
  104  efforts.
  105         4. Make recommendations pertaining to agreements or
  106  contracts for the establishment and development of:
  107         a. Programs and services for the promotion of adoption,
  108  support of adoptive families, and prevention of child abuse and
  109  neglect.
  110         b. Training programs for the prevention of child abuse and
  111  neglect.
  112         c. Multidisciplinary and discipline-specific training
  113  programs for professionals with responsibilities affecting
  114  children, young adults, and families.
  115         d. Efforts to promote adoption.
  116         e. Postadoptive services to support adoptive families.
  117         5. Monitor, evaluate, and review the development and
  118  quality of local and statewide services and programs for the
  119  promotion of adoption, support of adoptive families, and
  120  prevention of child abuse and neglect and shall publish and
  121  distribute an annual report of its findings on or before January
  122  1 of each year to the Governor, the Speaker of the House of
  123  Representatives, the President of the Senate, the head of each
  124  state agency affected by the report, and the appropriate
  125  substantive committees of the Legislature. The report shall
  126  include:
  127         a. A summary of the activities of the office.
  128         b. A summary of the adoption data collected and reported to
  129  the federal Adoption and Foster Care Analysis and Reporting
  130  System (AFCARS) and the federal Administration for Children and
  131  Families.
  132         c. A summary of the child abuse prevention data collected
  133  and reported to the National Child Abuse and Neglect Data System
  134  (NCANDS) and the federal Administration for Children and
  135  Families.
  136         d. A summary detailing the timeliness of the adoption
  137  process for children adopted from within the child welfare
  138  system.
  139         e. Recommendations, by state agency, for the further
  140  development and improvement of services and programs for the
  141  promotion of adoption, support of adoptive families, and
  142  prevention of child abuse and neglect.
  143         f. Budget requests, adoption promotion and support needs,
  144  and child abuse prevention program needs by state agency.
  145         6. Work with the direct-support organization established
  146  under s. 39.0011 to receive financial assistance.
  147         (10)(9) FUNDING AND SUBSEQUENT PLANS.—
  148         (b) The office and the other agencies and organizations
  149  listed in paragraph (9)(8)(a) shall readdress the state plan and
  150  make necessary revisions every 5 years, at a minimum. Such
  151  revisions shall be submitted to the Speaker of the House of
  152  Representatives and the President of the Senate no later than
  153  June 30 of each year divisible by 5. At least biennially, the
  154  office shall review the state plan and make any necessary
  155  revisions based on changing needs and program evaluation
  156  results. An annual progress report shall be submitted to update
  157  the state plan in the years between the 5-year intervals. In
  158  order to avoid duplication of effort, these required plans may
  159  be made a part of or merged with other plans required by either
  160  the state or Federal Government, so long as the portions of the
  161  other state or Federal Government plan that constitute the state
  162  plan for the promotion of adoption, support of adoptive
  163  families, and prevention of child abuse, abandonment, and
  164  neglect are clearly identified as such and are provided to the
  165  Speaker of the House of Representatives and the President of the
  166  Senate as required above.
  167         Section 3. Subsections (2) and (15) and paragraph (g) of
  168  subsection (67) of section 39.01, Florida Statutes, are amended
  169  to read:
  170         39.01 Definitions.—When used in this chapter, unless the
  171  context otherwise requires:
  172         (2) “Abuse” means any willful act or threatened act that
  173  results in any physical, mental, or sexual abuse, injury, or
  174  harm that causes or is likely to cause the child’s physical,
  175  mental, or emotional health to be significantly impaired. Abuse
  176  of a child includes acts or omissions. Corporal discipline of a
  177  child by a parent or legal custodian for disciplinary purposes
  178  does not in itself constitute abuse when it does not result in
  179  harm to the child.
  180         (15) “Child who is found to be dependent” means a child
  181  who, pursuant to this chapter, is found by the court:
  182         (a) To have been abandoned, abused, or neglected by the
  183  child’s parent or parents or legal custodians;
  184         (b) To have been surrendered to the department, the former
  185  Department of Health and Rehabilitative Services, or a licensed
  186  child-placing agency for purpose of adoption;
  187         (c) To have been voluntarily placed with a licensed child
  188  caring agency, a licensed child-placing agency, an adult
  189  relative, the department, or the former Department of Health and
  190  Rehabilitative Services, after which placement, under the
  191  requirements of this chapter, a case plan has expired and the
  192  parent or parents or legal custodians have failed to
  193  substantially comply with the requirements of the plan;
  194         (d) To have been voluntarily placed with a licensed child
  195  placing agency for the purposes of subsequent adoption, and a
  196  parent or parents have signed a consent pursuant to the Florida
  197  Rules of Juvenile Procedure;
  198         (e) To have no parent or legal custodians capable of
  199  providing supervision and care; or
  200         (f) To be at substantial risk of imminent abuse,
  201  abandonment, or neglect by the parent or parents or legal
  202  custodians; or
  203         (g) To have been sexually exploited and to have no parent,
  204  legal custodian, or responsible adult relative currently known
  205  and capable of providing the necessary and appropriate
  206  supervision and care.
  207         (67) “Sexual abuse of a child” means one or more of the
  208  following acts:
  209         (g) The sexual exploitation of a child, which includes the
  210  act of a child offering to engage in or engaging in
  211  prostitution; or allowing, encouraging, or forcing a child to:
  212         1. Solicit for or engage in prostitution; or
  213         2. Engage in a sexual performance, as defined by chapter
  214  827; or
  215         3. Participate in the trade of sex trafficking as provided
  216  in s. 796.035.
  217         Section 4. Paragraph (b) of subsection (2) and paragraph
  218  (b) of subsection (3) of section 39.401, Florida Statutes, are
  219  amended to read:
  220         39.401 Taking a child alleged to be dependent into custody;
  221  law enforcement officers and authorized agents of the
  222  department.—
  223         (2) If the law enforcement officer takes the child into
  224  custody, that officer shall:
  225         (b) Deliver the child to an authorized agent of the
  226  department, stating the facts by reason of which the child was
  227  taken into custody and sufficient information to establish
  228  probable cause that the child is abandoned, abused, or
  229  neglected, or otherwise dependent. In the case of a child for
  230  whom there is probable cause to believe he or she has been
  231  sexually exploited, the law enforcement officer may deliver the
  232  child to the appropriate short-term safe house as provided for
  233  in s. 409.1678 if a short-term safe house is available.
  234  
  235  For cases involving allegations of abandonment, abuse, or
  236  neglect, or other dependency cases, within 3 days after such
  237  release or within 3 days after delivering the child to an
  238  authorized agent of the department, the law enforcement officer
  239  who took the child into custody shall make a full written report
  240  to the department.
  241         (3) If the child is taken into custody by, or is delivered
  242  to, an authorized agent of the department, the agent shall
  243  review the facts supporting the removal with an attorney
  244  representing the department. The purpose of the review is to
  245  determine whether there is probable cause for the filing of a
  246  shelter petition.
  247         (b) If the facts are sufficient and the child has not been
  248  returned to the custody of the parent or legal custodian, the
  249  department shall file the petition and schedule a hearing, and
  250  the attorney representing the department shall request that a
  251  shelter hearing be held within 24 hours after the removal of the
  252  child. While awaiting the shelter hearing, the authorized agent
  253  of the department may place the child in licensed shelter care,
  254  or in a short-term safe house if the child is a sexually
  255  exploited child, or may release the child to a parent or legal
  256  custodian or responsible adult relative or the adoptive parent
  257  of the child’s sibling who shall be given priority consideration
  258  over a licensed placement, or a responsible adult approved by
  259  the department if this is in the best interests of the child.
  260  Placement of a child which is not in a licensed shelter must be
  261  preceded by a criminal history records check as required under
  262  s. 39.0138. In addition, the department may authorize placement
  263  of a housekeeper/homemaker in the home of a child alleged to be
  264  dependent until the parent or legal custodian assumes care of
  265  the child.
  266         Section 5. Subsection (2) and paragraphs (a), (d), and (h)
  267  of subsection (8) of section 39.402, Florida Statutes, are
  268  amended to read:
  269         39.402 Placement in a shelter.—
  270         (2) A child taken into custody may be placed or continued
  271  in a shelter only if one or more of the criteria in subsection
  272  (1) apply applies and the court has made a specific finding of
  273  fact regarding the necessity for removal of the child from the
  274  home and has made a determination that the provision of
  275  appropriate and available services will not eliminate the need
  276  for placement. In the case of a child who is alleged to have
  277  been sexually exploited, there is a rebuttable presumption that
  278  placement in a short-term safe house is necessary.
  279         (8)(a) A child may not be held in a shelter longer than 24
  280  hours unless an order so directing is entered by the court after
  281  a shelter hearing. In the interval until the shelter hearing is
  282  held, the decision to place the child in a shelter or release
  283  the child from a shelter lies with the protective investigator.
  284  In the case of a child who is alleged to have been sexually
  285  exploited, there is a rebuttable presumption that placement in a
  286  short-term safe house is necessary.
  287         (d) At the shelter hearing, in order to continue the child
  288  in shelter care:
  289         1. The department must establish probable cause that
  290  reasonable grounds for removal exist and that the provision of
  291  appropriate and available services will not eliminate the need
  292  for placement;
  293         2. The department must establish probable cause for the
  294  belief that the child has been sexually exploited and,
  295  therefore, that placement in a short-term safe house is the most
  296  appropriate environment for the child; or
  297         3.2. The court must determine that additional time is
  298  necessary, which may not exceed 72 hours, in which to obtain and
  299  review documents pertaining to the family in order to
  300  appropriately determine the risk to the child during which time
  301  the child shall remain in the department’s custody, if so
  302  ordered by the court.
  303         (h) The order for placement of a child in shelter care must
  304  identify the parties present at the hearing and must contain
  305  written findings:
  306         1. That placement in shelter care is necessary based on the
  307  criteria in subsections (1) and (2).
  308         2. That placement in shelter care is in the best interest
  309  of the child.
  310         3. That continuation of the child in the home is contrary
  311  to the welfare of the child because the home situation presents
  312  a substantial and immediate danger to the child’s physical,
  313  mental, or emotional health or safety which cannot be mitigated
  314  by the provision of preventive services.
  315         4. That based upon the allegations of the petition for
  316  placement in shelter care, there is probable cause to believe
  317  that the child is dependent or that the court needs additional
  318  time, which may not exceed 72 hours, in which to obtain and
  319  review documents pertaining to the family in order to
  320  appropriately determine the risk to the child.
  321         5. That the department has made reasonable efforts to
  322  prevent or eliminate the need for removal of the child from the
  323  home. A finding of reasonable effort by the department to
  324  prevent or eliminate the need for removal may be made and the
  325  department is deemed to have made reasonable efforts to prevent
  326  or eliminate the need for removal if:
  327         a. The first contact of the department with the family
  328  occurs during an emergency;
  329         b. The appraisal of the home situation by the department
  330  indicates that the home situation presents a substantial and
  331  immediate danger to the child’s physical, mental, or emotional
  332  health or safety which cannot be mitigated by the provision of
  333  preventive services;
  334         c. The child cannot safely remain at home, either because
  335  there are no preventive services that can ensure the health and
  336  safety of the child or because, even with appropriate and
  337  available services being provided, the health and safety of the
  338  child cannot be ensured;
  339         d. The child has been sexually exploited; or
  340         e.d. The parent or legal custodian is alleged to have
  341  committed any of the acts listed as grounds for expedited
  342  termination of parental rights in s. 39.806(1)(f)-(i).
  343         6. That the court notified the parents, relatives that are
  344  providing out-of-home care for the child, or legal custodians of
  345  the time, date, and location of the next dependency hearing and
  346  of the importance of the active participation of the parents,
  347  relatives that are providing out-of-home care for the child, or
  348  legal custodians in all proceedings and hearings.
  349         7. That the court notified the parents or legal custodians
  350  of their right to counsel to represent them at the shelter
  351  hearing and at each subsequent hearing or proceeding, and the
  352  right of the parents to appointed counsel, pursuant to the
  353  procedures set forth in s. 39.013.
  354         8. That the court notified relatives who are providing out
  355  of-home care for a child as a result of the shelter petition
  356  being granted that they have the right to attend all subsequent
  357  hearings, to submit reports to the court, and to speak to the
  358  court regarding the child, if they so desire.
  359         Section 6. Paragraph (f) of subsection (1) and paragraph
  360  (d) of subsection (3) of section 39.521, Florida Statutes, are
  361  amended to read:
  362         39.521 Disposition hearings; powers of disposition.—
  363         (1) A disposition hearing shall be conducted by the court,
  364  if the court finds that the facts alleged in the petition for
  365  dependency were proven in the adjudicatory hearing, or if the
  366  parents or legal custodians have consented to the finding of
  367  dependency or admitted the allegations in the petition, have
  368  failed to appear for the arraignment hearing after proper
  369  notice, or have not been located despite a diligent search
  370  having been conducted.
  371         (f) If the court places the child in an out-of-home
  372  placement, the disposition order must include a written
  373  determination that the child cannot safely remain at home with
  374  reunification or family preservation services and that removal
  375  of the child is necessary to protect the child. If the child is
  376  removed before the disposition hearing, the order must also
  377  include a written determination as to whether, after removal,
  378  the department made a reasonable effort to reunify the parent
  379  and child. Reasonable efforts to reunify are not required if the
  380  court finds that any of the acts listed in s. 39.806(1)(f)-(l)
  381  have occurred. The department has the burden of demonstrating
  382  that it made reasonable efforts.
  383         1. For the purposes of this paragraph, the term “reasonable
  384  effort” means the exercise of reasonable diligence and care by
  385  the department to provide the services ordered by the court or
  386  delineated in the case plan.
  387         2. In support of its determination as to whether reasonable
  388  efforts have been made, the court shall:
  389         a. Enter written findings as to whether prevention or
  390  reunification efforts were indicated.
  391         b. If prevention or reunification efforts were indicated,
  392  include a brief written description of what appropriate and
  393  available prevention and reunification efforts were made.
  394         c. Indicate in writing why further efforts could or could
  395  not have prevented or shortened the separation of the parent and
  396  child.
  397         3. A court may find that the department made a reasonable
  398  effort to prevent or eliminate the need for removal if:
  399         a. The first contact of the department with the family
  400  occurs during an emergency;
  401         b. The appraisal by the department of the home situation
  402  indicates a substantial and immediate danger to the child’s
  403  safety or physical, mental, or emotional health which cannot be
  404  mitigated by the provision of preventive services;
  405         c. The child cannot safely remain at home, because there
  406  are no preventive services that can ensure the health and safety
  407  of the child or, even with appropriate and available services
  408  being provided, the health and safety of the child cannot be
  409  ensured. There is a rebuttable presumption that any child who
  410  has been found to be a victim of sexual exploitation as defined
  411  in s. 39.01(67)(g) meets the terms of this sub-subparagraph; or
  412         d. The parent is alleged to have committed any of the acts
  413  listed as grounds for expedited termination of parental rights
  414  under s. 39.806(1)(f)-(l).
  415         4. A reasonable effort by the department for reunification
  416  has been made if the appraisal of the home situation by the
  417  department indicates that the severity of the conditions of
  418  dependency is such that reunification efforts are inappropriate.
  419  The department has the burden of demonstrating to the court that
  420  reunification efforts were inappropriate.
  421         5. If the court finds that the prevention or reunification
  422  effort of the department would not have permitted the child to
  423  remain safely at home, the court may commit the child to the
  424  temporary legal custody of the department or take any other
  425  action authorized by this chapter.
  426         (3) When any child is adjudicated by a court to be
  427  dependent, the court shall determine the appropriate placement
  428  for the child as follows:
  429         (d) If the child cannot be safely placed in a nonlicensed
  430  placement, the court shall commit the child to the temporary
  431  legal custody of the department. Such commitment invests in the
  432  department all rights and responsibilities of a legal custodian.
  433  The department shall not return any child to the physical care
  434  and custody of the person from whom the child was removed,
  435  except for court-approved visitation periods, without the
  436  approval of the court. Any order for visitation or other contact
  437  must conform to the provisions of s. 39.0139. There is a
  438  rebuttable presumption that any child who has been found to be a
  439  victim of sexual exploitation as defined in s. 39.01(67)(g) be
  440  committed to a safe house as provided for in s. 409.1678. The
  441  term of such commitment continues until terminated by the court
  442  or until the child reaches the age of 18. After the child is
  443  committed to the temporary legal custody of the department, all
  444  further proceedings under this section are governed by this
  445  chapter.
  446  
  447  Protective supervision continues until the court terminates it
  448  or until the child reaches the age of 18, whichever date is
  449  first. Protective supervision shall be terminated by the court
  450  whenever the court determines that permanency has been achieved
  451  for the child, whether with a parent, another relative, or a
  452  legal custodian, and that protective supervision is no longer
  453  needed. The termination of supervision may be with or without
  454  retaining jurisdiction, at the court’s discretion, and shall in
  455  either case be considered a permanency option for the child. The
  456  order terminating supervision by the department shall set forth
  457  the powers of the custodian of the child and shall include the
  458  powers ordinarily granted to a guardian of the person of a minor
  459  unless otherwise specified. Upon the court’s termination of
  460  supervision by the department, no further judicial reviews are
  461  required, so long as permanency has been established for the
  462  child.
  463         Section 7. Section 39.524, Florida Statutes, is created to
  464  read:
  465         39.524 Safe-harbor placement.—
  466         (1) Except as provided in s. 39.407, any dependent child 6
  467  years of age or older who has been found to be a victim of
  468  sexual exploitation as defined in s. 39.01(67)(g) must be
  469  assessed for placement in a safe house as provided in s.
  470  409.1678. The assessment shall be conducted by the department or
  471  its agent and shall incorporate and address current and
  472  historical information from any law enforcement reports;
  473  psychological testing or evaluation that has occurred; current
  474  and historical information from the guardian ad litem, if one
  475  has been assigned; current and historical information from any
  476  current therapist, teacher, or other professional who has
  477  knowledge of the child and has worked with the child; and any
  478  other information concerning the availability and suitability of
  479  safe-house placement. If such placement is determined to be
  480  appropriate as a result of this procedure, the child must be
  481  placed in a safe house, if one is available. As used in this
  482  section, the term “available” as it relates to a placement means
  483  a placement that is located within the circuit or that is
  484  otherwise reasonably accessible.
  485         (2) The results of the assessment described in subsection
  486  (1) and the actions taken as a result of the assessment must be
  487  included in the next judicial review of the child. At each
  488  subsequent judicial review, the court must be advised in writing
  489  of the status of the child’s placement, with special reference
  490  regarding the stability of the placement and the permanency
  491  planning for the child.
  492         (3) Any safe house that receives children under this
  493  section shall establish special permanency teams dedicated to
  494  overcoming the special permanency challenges presented by this
  495  population of children. Each facility shall report to the
  496  department its success in achieving permanency for children
  497  placed by the department in its care at intervals that allow the
  498  current information to be provided to the court at each judicial
  499  review for the child.
  500         (4)(a) By December 1 of each year, the department shall
  501  report to the Legislature on the placement of children in safe
  502  houses during the year, including the criteria used to determine
  503  the placement of children, the number of children who were
  504  evaluated for placement, the number of children who were placed
  505  based upon the evaluation, and the number of children who were
  506  not placed.
  507         (b) The department shall maintain data specifying the
  508  number of children who were referred to a safe house for whom
  509  placement was unavailable and the counties in which such
  510  placement was unavailable. The department shall include this
  511  data in its report under this subsection so that the Legislature
  512  may consider this information in developing the General
  513  Appropriations Act.
  514         Section 8. Section 409.1678, Florida Statutes, is created
  515  to read:
  516         409.1678 Safe harbor for children who are victims of sexual
  517  exploitation.—
  518         (1) As used in this section, the term:
  519         (a) “Child advocate” means an employee of a short-term safe
  520  house who has been trained to work with and advocate for the
  521  needs of sexually exploited children. The advocate shall
  522  accompany the child to all court appearances, meetings with law
  523  enforcement, and the state attorney’s office and shall serve as
  524  a liaison between the short-term safe house and the court.
  525         (b) “Safe house” means a living environment that has set
  526  aside gender-specific, separate, and distinct living quarters
  527  for sexually exploited children who have been adjudicated
  528  dependent or delinquent and need to reside in a secure
  529  residential facility with staff members awake 24 hours a day. A
  530  safe house shall be operated by a licensed family foster home or
  531  residential child-caring agency as defined in s. 409.175,
  532  including a runaway youth center as defined in s. 409.441. Each
  533  facility must be appropriately licensed in this state as a
  534  residential child-caring agency as defined in s. 409.175 and
  535  must be accredited by July 1, 2013. A safe house serving
  536  children who have been sexually exploited must have available
  537  staff or contract personnel with the clinical expertise,
  538  credentials, and training to provide services identified in
  539  paragraph (2)(b).
  540         (c) “Secure” means that a child is supervised 24 hours a
  541  day by staff members who are awake while on duty.
  542         (d) “Sexually exploited child” means a dependent child who
  543  has suffered sexual exploitation as defined in s. 39.01(67)(g)
  544  and is ineligible for relief and benefits under the federal
  545  Trafficking Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
  546         (e) “Short-term safe house” means a shelter operated by a
  547  licensed residential child-caring agency as defined in s.
  548  409.175, including a runaway youth center as defined in s.
  549  409.441, that has set aside gender-specific, separate, and
  550  distinct living quarters for sexually exploited children. In
  551  addition to shelter, the house shall provide services and care
  552  to sexually exploited children, including food, clothing,
  553  medical care, counseling, and appropriate crisis intervention
  554  services at the time they are taken into custody by law
  555  enforcement or the department.
  556         (2)(a) Notwithstanding any other provision of law, pursuant
  557  to regulations of the department, every circuit of the
  558  department shall address the child welfare service needs of
  559  sexually exploited children as a component of the circuit’s
  560  master plan. This determination shall be made in consultation
  561  with local law enforcement, runaway and homeless youth program
  562  providers, local probation departments, local community-based
  563  care and social services, local guardians ad litem, public
  564  defenders, state attorney’s offices, and child advocates and
  565  services providers who work directly with sexually exploited
  566  youth.
  567         (b) The lead agency, not-for-profit agency, or local
  568  government entity providing safe-house services is responsible
  569  for security, crisis intervention services, general counseling
  570  and victim-witness counseling, a comprehensive assessment,
  571  residential care, transportation, access to behavioral health
  572  services, recreational activities, food, clothing, supplies,
  573  infant care, and miscellaneous expenses associated with caring
  574  for these children; for necessary arrangement for or provision
  575  of educational services, including life skills services and
  576  planning services to successfully transition residents back to
  577  the community; and for ensuring necessary and appropriate health
  578  and dental care.
  579         (c) This section does not prohibit any provider of these
  580  services from appropriately billing Medicaid for services
  581  rendered, from contracting with a local school district for
  582  educational services, or from obtaining federal or local funding
  583  for services provided, as long as two or more funding sources do
  584  not pay for the same specific service that has been provided to
  585  a child.
  586         (d) The lead agency, not-for-profit agency, or local
  587  government entity providing safe-house services has the legal
  588  authority for children served in a safe-house program, as
  589  provided in chapter 39 or this chapter, as appropriate, to
  590  enroll the child in school, to sign for a driver’s license for
  591  the child, to cosign loans and insurance for the child, to sign
  592  for medical treatment of the child, and to authorize other such
  593  activities.
  594         (e) All of the services created under this section may, to
  595  the extent possible provided by law, be available to all
  596  sexually exploited children whether they are accessed
  597  voluntarily, as a condition of probation, through a diversion
  598  program, through a proceeding under chapter 39, or through a
  599  referral from a local community-based care or social service
  600  agency.
  601         (3) The local circuit administrator may, to the extent that
  602  funds are available, in conjunction with local law enforcement
  603  officials, contract with an appropriate not-for-profit agency
  604  having experience working with sexually exploited children to
  605  train law enforcement officials who are likely to encounter
  606  sexually exploited children in the course of their law
  607  enforcement duties on the provisions of this section and how to
  608  identify and obtain appropriate services for sexually exploited
  609  children. Circuits may work cooperatively to provide such
  610  training, and such training may be provided on a regional basis.
  611  The department shall assist circuits in obtaining any available
  612  funds for the purposes of conducting law enforcement training
  613  from the Office of Juvenile Justice and Delinquency Prevention
  614  of the United States Department of Justice.
  615         Section 9. Section 796.07, Florida Statutes, is amended to
  616  read:
  617         796.07 Prohibiting prostitution and related acts, etc.;
  618  evidence; penalties; definitions.—
  619         (1) As used in this section:
  620         (a) “Prostitution” means the giving or receiving of the
  621  body for sexual activity for hire but excludes sexual activity
  622  between spouses.
  623         (b) “Lewdness” means any indecent or obscene act.
  624         (c) “Assignation” means the making of any appointment or
  625  engagement for prostitution or lewdness, or any act in
  626  furtherance of such appointment or engagement.
  627         (d) “Sexual activity” means oral, anal, or vaginal
  628  penetration by, or union with, the sexual organ of another; anal
  629  or vaginal penetration of another by any other object; or the
  630  handling or fondling of the sexual organ of another for the
  631  purpose of masturbation; however, the term does not include acts
  632  done for bona fide medical purposes.
  633         (2) It is unlawful:
  634         (a) To own, establish, maintain, or operate any place,
  635  structure, building, or conveyance for the purpose of lewdness,
  636  assignation, or prostitution.
  637         (b) To offer, or to offer or agree to secure, another for
  638  the purpose of prostitution or for any other lewd or indecent
  639  act.
  640         (c) To receive, or to offer or agree to receive, any person
  641  into any place, structure, building, or conveyance for the
  642  purpose of prostitution, lewdness, or assignation, or to permit
  643  any person to remain there for such purpose.
  644         (d) To direct, take, or transport, or to offer or agree to
  645  direct, take, or transport, any person to any place, structure,
  646  or building, or to any other person, with knowledge or
  647  reasonable cause to believe that the purpose of such directing,
  648  taking, or transporting is prostitution, lewdness, or
  649  assignation.
  650         (e) To offer to commit, or to commit, or to engage in,
  651  prostitution, lewdness, or assignation.
  652         (f) To solicit, induce, entice, or procure another to
  653  commit prostitution, lewdness, or assignation.
  654         (g) To reside in, enter, or remain in, any place,
  655  structure, or building, or to enter or remain in any conveyance,
  656  for the purpose of prostitution, lewdness, or assignation.
  657         (h) To aid, abet, or participate in any of the acts or
  658  things enumerated in this subsection.
  659         (i) To purchase the services of any person engaged in
  660  prostitution.
  661         (3)(a) In the trial of a person charged with a violation of
  662  this section, testimony concerning the reputation of any place,
  663  structure, building, or conveyance involved in the charge,
  664  testimony concerning the reputation of any person residing in,
  665  operating, or frequenting such place, structure, building, or
  666  conveyance, and testimony concerning the reputation of the
  667  defendant is admissible in evidence in support of the charge.
  668         (b) Notwithstanding any other provision of law, a police
  669  officer may testify as an offended party in an action regarding
  670  charges filed pursuant to this section.
  671         (4) A person who violates any provision of this section
  672  commits:
  673         (a) A misdemeanor of the second degree for a first
  674  violation, punishable as provided in s. 775.082 or s. 775.083.
  675         (b) A misdemeanor of the first degree for a second
  676  violation, punishable as provided in s. 775.082 or s. 775.083.
  677         (c) A felony of the third degree for a third or subsequent
  678  violation, punishable as provided in s. 775.082, s. 775.083, or
  679  s. 775.084.
  680         (5) A person who is charged with a third or subsequent
  681  violation of this section shall be offered admission to a
  682  pretrial intervention program or a substance-abuse treatment
  683  program as provided in s. 948.08.
  684         (6) A person who violates paragraph (2)(f) shall be
  685  assessed a civil penalty of $5,000 $500 if the violation results
  686  in any judicial disposition other than acquittal or dismissal.
  687  Of the proceeds from each penalty penalties assessed under this
  688  subsection, $500 shall be paid to the circuit court
  689  administrator for the sole purpose of paying the administrative
  690  costs of treatment-based drug court programs provided under s.
  691  397.334 and $4,500 shall be paid to the Department of Children
  692  and Family Services for the sole purpose of funding safe houses
  693  and short-term safe houses as provided in s. 409.1678.
  694         Section 10. Section 960.065, Florida Statutes, is amended
  695  to read:
  696         960.065 Eligibility for awards.—
  697         (1) Except as provided in subsection (2), the following
  698  persons shall be eligible for awards pursuant to this chapter:
  699         (a) A victim.
  700         (b) An intervenor.
  701         (c) A surviving spouse, parent or guardian, sibling, or
  702  child of a deceased victim or intervenor.
  703         (d) Any other person who is dependent for his or her
  704  principal support upon a deceased victim or intervenor.
  705         (2) Any claim filed by or on behalf of a person who:
  706         (a) Committed or aided in the commission of the crime upon
  707  which the claim for compensation was based;
  708         (b) Was engaged in an unlawful activity at the time of the
  709  crime upon which the claim for compensation is based;
  710         (c) Was in custody or confined, regardless of conviction,
  711  in a county or municipal detention facility, a state or federal
  712  correctional facility, or a juvenile detention or commitment
  713  facility at the time of the crime upon which the claim for
  714  compensation is based;
  715         (d) Has been adjudicated as a habitual felony offender,
  716  habitual violent offender, or violent career criminal under s.
  717  775.084; or
  718         (e) Has been adjudicated guilty of a forcible felony
  719  offense as described in s. 776.08,
  720  
  721  is ineligible shall not be eligible for an award.
  722         (3) Any claim filed by or on behalf of a person who was in
  723  custody or confined, regardless of adjudication, in a county or
  724  municipal facility, a state or federal correctional facility, or
  725  a juvenile detention, commitment, or assessment facility at the
  726  time of the crime upon which the claim is based, who has been
  727  adjudicated as a habitual felony offender under s. 775.084, or
  728  who has been adjudicated guilty of a forcible felony offense as
  729  described in s. 776.08, renders the person ineligible shall not
  730  be eligible for an award. Notwithstanding the foregoing, upon a
  731  finding by the Crime Victims’ Services Office of the existence
  732  of mitigating or special circumstances that would render such a
  733  disqualification unjust, an award may be approved. A decision
  734  that mitigating or special circumstances do not exist in a case
  735  subject to this section does shall not constitute final agency
  736  action subject to review pursuant to ss. 120.569 and 120.57.
  737         (4) Payment may not be made under this chapter if the
  738  person who committed the crime upon which the claim is based
  739  will receive any direct or indirect financial benefit from such
  740  payment, unless such benefit is minimal or inconsequential.
  741  Payment may not be denied based on the victim’s familial
  742  relationship to the offender or based upon the sharing of a
  743  residence by the victim and offender, except to prevent unjust
  744  enrichment of the offender.
  745         (5) A person is not ineligible for an award pursuant to
  746  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
  747  person is a victim of sexual exploitation of a child as defined
  748  in s. 39.01(67)(g).
  749         Section 11. Paragraph (b) of subsection (2) of section
  750  985.115, Florida Statutes, is amended to read:
  751         985.115 Release or delivery from custody.—
  752         (2) Unless otherwise ordered by the court under s. 985.255
  753  or s. 985.26, and unless there is a need to hold the child, a
  754  person taking a child into custody shall attempt to release the
  755  child as follows:
  756         (b) Contingent upon specific appropriation, to a shelter
  757  approved by the department or to an authorized agent or short
  758  term safe house under s. 39.401(2)(b).
  759         Section 12. This act shall take effect January 1, 2013.