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