Florida Senate - 2014 SB 1164 By Senator Simmons 10-00379-14 20141164__ 1 A bill to be entitled 2 An act relating to human trafficking; creating s. 3 787.065, F.S.; defining terms; establishing the 4 Commission on the Prevention of Human Trafficking; 5 requiring that the commission be housed in the Office 6 of the Attorney General; providing composition of the 7 commission and providing appointment and terms of the 8 commission members; authorizing the commission to 9 enter into contracts and other agreements; authorizing 10 the commission to request the assistance of state 11 agencies; requiring the commission to develop and 12 administer a victim assistance program; providing 13 requirements for the program; requiring the commission 14 to establish a grant program; providing requirements 15 for applicants to the grant program and for the award 16 of grants; requiring a grant recipient to provide 17 reports to the commission; requiring a report by the 18 commission to the Governor and the Legislature; 19 requiring the commission to award grants for the 20 establishment of safe houses for domestic victims of 21 human trafficking; providing requirements for safe 22 houses and employees of safe houses; requiring a 23 report on the functioning of a safe house; requiring 24 the Attorney General to create and administer a media 25 campaign for human trafficking awareness; providing 26 requirements for the media campaign; authorizing the 27 commission to accept certain funding; requiring the 28 commission to conduct a survey and report to the 29 Legislature; authorizing the commission to adopt 30 rules; providing an effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Section 787.065, Florida Statutes, is created to 35 read: 36 787.065 Victims of human trafficking; Commission on the 37 Prevention of Human Trafficking; safe houses.— 38 (1) DEFINITIONS.—As used in this section, the term: 39 (a) “Commission” means the Commission on the Prevention of 40 Human Trafficking. 41 (b) “Domestic victim” means a victim of human trafficking 42 who is a permanent legal resident of this state. 43 (c) “Human trafficking” has the same meaning as provided in 44 s. 787.06. 45 (d) “Qualified professional organization” means a public or 46 nonprofit organization that has the sole purpose of combatting 47 human trafficking and that has at least 7 years of experience 48 combatting human trafficking, including, but not limited to, 49 organizations that engage in public awareness activities, 50 community outreach and education, domestic victim identification 51 services and training, and legal services. 52 (e) “Safe house” means a secure, remote, and undisclosed 53 facility built to house and rehabilitate domestic victims of 54 human trafficking and to provide them with security, medical 55 attention, psychiatric treatment, and job skills training to 56 prepare them to safely and fully reenter society. 57 (2) COMMISSION ON THE PREVENTION OF HUMAN TRAFFICKING. 58 There is established the Commission on the Prevention of Human 59 Trafficking, a board of trustees as defined in s. 20.03, for the 60 purpose of creating and administering a victim assistance 61 program for domestic victims of human trafficking as provided in 62 subsection (3). The commission shall comply with the 63 requirements of s. 20.052, except as otherwise provided in this 64 section, and shall be administratively housed within the Office 65 of the Attorney General. 66 (a) The commission shall be composed of five members, each 67 of whom shall be appointed by and serve at the pleasure of the 68 Governor. The commission shall select one of its members to 69 serve as a chairperson for a 2-year term. 70 (b) Members of the commission shall be appointed for 4-year 71 terms. A member chosen to fill a vacancy that occurs other than 72 by expiration of a term shall be appointed by the Governor for 73 the unexpired term of the member whom such appointee is to 74 succeed. A member of the commission is eligible for 75 reappointment. A vacancy in the commission does not impair the 76 right of the remaining members to exercise the powers of the 77 commission. 78 (c) The commission may enter into contracts or other 79 agreements as necessary to administer this section. 80 (d) The commission may request the assistance of other 81 state agencies in carrying out this section, including, on a 82 reimbursable basis, the provision of personnel and services. 83 (3) VICTIM ASSISTANCE PROGRAM.—The commission shall develop 84 and administer a program designed to assist domestic victims of 85 human trafficking in accessing necessary services. The program 86 must include: 87 (a) A searchable database of assistance programs for 88 domestic victims, including programs that provide mental health 89 and other health services, services to meet victims’ basic 90 needs, case management services, and any other services that the 91 commission deems appropriate. The database must be able to match 92 a victim with services that are appropriate to his or her 93 circumstances. 94 (b) The grant program established in subsection (4). 95 (c) An outreach initiative and training programs designed 96 to increase the awareness of judges, prosecutors, law 97 enforcement personnel, and medical first responders of the needs 98 of domestic victims of human trafficking, the availability of 99 services under this section, the database of programs described 100 in paragraph (a), and potential funding sources for services as 101 provided in subsection (7). The outreach initiative must include 102 a process by which potential victims may be identified at the 103 earliest opportunity in order for the victims to receive 104 information about the program. The commission may seek 105 assistance from the Office of the State Court Administrator, the 106 Department of Law Enforcement, local law enforcement agencies, 107 and qualified professional organizations for the purpose of 108 creating the training programs. 109 (d) Funding for safe houses for the domestic victims of 110 human trafficking pursuant to subsection (5). 111 (4) GRANT PROGRAM.—Subject to available funds, the 112 commission shall establish a grant program to award grants to 113 qualified professional organizations. 114 (a) To apply for a grant under this subsection, an 115 applicant must submit an application in the form and manner as 116 prescribed by the commission. Such application must require an 117 applicant to describe the services that the applicant intends to 118 provide to domestic victims if the grant is awarded. 119 (b) In awarding grants under this subsection, the 120 commission shall give preference to qualified professional 121 organizations that have experience in successfully providing the 122 types of services for which the grants are awarded. 123 (c) A grant recipient shall provide reports as required by 124 the commission regarding the use of grant funds. 125 (d) By December 1 of each even-numbered year, the 126 commission shall submit a report to the Governor, the President 127 of the Senate, and the Speaker of the House of Representatives 128 summarizing the activities, funding, and outcome of grants 129 awarded under this subsection and providing recommendations 130 regarding the grant program. 131 (5) SAFE HOUSES.—The commission shall award grants pursuant 132 to subsection (4) to applicants for the establishment of safe 133 houses for domestic victims of human trafficking. 134 (a) An applicant for such grant must demonstrate that 135 adequate security measures, including adequate facilities, 136 procedures, and personnel capable of preventing violence, are in 137 place for the effective operation of safe house services to 138 domestic victims of human trafficking. 139 1. A safe house established under this subsection must be 140 built on state property that is at least a 45-minute drive from 141 any municipal limits. The safe house must provide 24-hour 142 security and counseling services. 143 2. An employee of a safe house must be a resident of this 144 state and must meet level 2 screening requirements as described 145 in s. 435.04. An employee must sign a confidentiality agreement 146 to not disclose any detail about the safe house, including its 147 location. A breach of such confidentiality agreement is a 148 misdemeanor of the first degree, punishable as provided in s. 149 775.082 or s. 775.083. 150 3. Each safe house must have the capacity to serve 80 to 151 100 domestic victims annually. The programs provided to victims 152 of human trafficking by the safe house must be designed to last 153 3 to 6 months from the time services are first provided and must 154 include, but need not be limited to, the following: 155 a. Medical and dental treatment. 156 b. Psychological review, evaluation, and care. 157 c. Witness protection services. 158 d. Education and career training. 159 e. English as a Second Language courses. 160 f. Therapy programs, including, but not limited to, pet 161 therapy, art therapy, music therapy, and occupational therapy. 162 g. Attorney support. 163 (b) A recipient of a grant under this subsection shall 164 report to the commission by December 1 of each even-numbered 165 year the following: 166 1. The process by which domestic victims of human 167 trafficking are protected during treatment, rehabilitation, or 168 other assistance while the victim is housed in the safe house. 169 2. Safety and security problems occurring during the 170 reporting period and proposed measures to remedy those problems. 171 (6) STATE MEDIA CAMPAIGN.— 172 (a) The Attorney General shall create and administer a 173 media campaign targeted at residents of this state and those who 174 are at risk of human trafficking. Through the media campaign, 175 the Attorney General shall seek to inform the general public and 176 those who are at risk of human trafficking of: 177 1. The existence and magnitude of human trafficking in this 178 state. 179 2. The warning signs indicative of potential human 180 trafficking. 181 3. The proper means for victims of human trafficking to 182 seek help. 183 4. The proper means for witnesses of human trafficking to 184 report suspected instances of trafficking. 185 (b) In order to administer the media campaign, the Attorney 186 General may enlist the assistance of state universities, medical 187 and law schools, and qualified professional organizations. 188 (7) FUNDING.— 189 (a) The commission may accept gifts, grants, bequests, and 190 donations from any sources for purposes consistent with its 191 responsibilities under this section. 192 (b) The commission shall conduct a study regarding 193 additional funding strategies for the victim assistance program 194 established in subsection (3) and report its findings by May 1 195 of each even-numbered year to the President of the Senate and 196 the Speaker of the House of Representatives. The report must 197 include the commission’s finding regarding appropriate revenue 198 streams for the victim assistance program and any proposed 199 legislation regarding revenue for the program. 200 (8) RULES.—The commission may adopt rules to administer 201 this section. 202 Section 2. This act shall take effect July 1, 2014.