Florida Senate - 2014 SB 1554
By Senator Flores
37-01429-14 20141554__
1 A bill to be entitled
2 An act relating to the Statewide Council on Human
3 Trafficking; creating s. 16.617, F.S.; creating the
4 Statewide Council on Human Trafficking within the
5 Department of Legal Affairs; providing for membership
6 of the council; authorizing council members to be
7 reimbursed for per diem and travel expenses; requiring
8 the council to meet on a quarterly basis; requiring
9 the department to provide staff support; prescribing
10 duties of the council; requiring the council to submit
11 an annual report to the Legislature; creating s.
12 16.6171, F.S.; authorizing the Department of Legal
13 Affairs to establish a direct-support organization to
14 support the council; providing for membership of the
15 board of directors; establishing contract
16 requirements; specifying duties of the direct-support
17 organization; establishing conditions for the use of
18 the department’s property; prohibiting certain conduct
19 by a department employee or employee or volunteer of
20 the direct-support organization; authorizing the
21 department to terminate the direct-support
22 organization under specified conditions; providing an
23 effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Section 16.617, Florida Statutes, is created to
28 read:
29 16.617 Statewide Council on Human Trafficking; creation;
30 membership; duties.—
31 (1) CREATION.—There is created the Statewide Council on
32 Human Trafficking within the Department of Legal Affairs. The
33 council is created for the purpose of examining the treatment
34 needs and best practices to support victims of human
35 trafficking.
36 (2) MEMBERSHIP.—
37 (a) The council shall consist of the following members:
38 1. The Attorney General or his or her designee, who shall
39 serve as chairperson.
40 2. The State Surgeon General or his or her designee, who
41 shall serve as vice chairperson.
42 3. The Secretary of Children and Families or his or her
43 designee.
44 4. The Secretary of Health Care Administration or his or
45 her designee.
46 5. The executive director of the Department of Law
47 Enforcement or his or her designee.
48 6. One member of the Senate appointed by the President of
49 the Senate.
50 7. One member of the House of Representatives appointed by
51 the Speaker of the House of Representatives.
52 8. Four members appointed by the Attorney General who have
53 professional experience to assist the council in the development
54 of treatment and care for victims of human trafficking.
55 (b) Each member shall be appointed to a 4-year term.
56 However, for the purpose of achieving staggered terms, the
57 President of the Senate and the Speaker of the House of
58 Representatives shall each initially appoint their respective
59 members to serve a 2-year term, and the Attorney General shall
60 initially appoint two members to serve a 2-year term. All
61 subsequent appointments shall be for 4-year terms. Any vacancy
62 that occurs shall be filled in the same manner as the original
63 appointment and shall be for the remainder of the unexpired term
64 of that seat.
65 (c) A member may not receive a commission, fee, or
66 financial benefit in connection with serving on the council but
67 may be reimbursed for per diem and travel expenses pursuant to
68 s. 112.061.
69 (3) ORGANIZATION AND SUPPORT.—
70 (a) The first meeting of the council shall be held no later
71 than September 1, 2014. Thereafter, the council shall meet at
72 least once per quarter per calendar year. Meetings may be held
73 via teleconference or other electronic means.
74 (b) A majority of the members of the council shall
75 constitute a quorum.
76 (c) The Department of Legal Affairs shall provide the
77 council with staff necessary to assist the council in the
78 performance of its duties.
79 (4) DUTIES.—The council shall:
80 (a) Discuss current issues facing victims of human
81 trafficking.
82 (b) Annually hold a statewide policy summit in conjunction
83 with an institution of higher learning in this state.
84 (c) Create and maintain an inventory of human trafficking
85 programs and services in each county, including, but not limited
86 to, awareness programs and victim assistance services, which can
87 be used to determine how to maximize existing resources and
88 address unmet needs and emerging trends.
89 (5) REPORT.—By June 30 of each year, the council shall
90 submit a report to the President of the Senate and the Speaker
91 of the House of Representatives summarizing the accomplishments
92 of the council during the preceding year and making
93 recommendations with respect to providing treatment and support
94 for victims of human trafficking.
95 Section 2. Section 16.6171, Florida Statutes, is created to
96 read:
97 16.6171 Direct-support organization.—
98 (1) The Department of Legal Affairs may establish a direct
99 support organization to provide assistance, funding, and
100 promotional support for the Statewide Council on Human
101 Trafficking and to assist in the fulfillment of the council’s
102 duties.
103 (2) The direct-support organization must be a Florida
104 corporation, not for profit, incorporated under chapter 617, and
105 approved by the Department of State.
106 (3) The direct-support organization shall be governed by a
107 board of directors.
108 (a) The board of directors shall consist of:
109 1. Two members appointed by the Attorney General.
110 2. One member appointed by the Governor.
111 3. One member appointed by the President of the Senate.
112 4. One member appointed by the Speaker of the House of
113 Representatives.
114 (b) Each member of the board of directors shall be
115 appointed to a 4-year term. However, for the purpose of
116 achieving staggered terms, the President of the Senate and the
117 Speaker of the House of Representatives shall each initially
118 appoint their respective members to serve a 2-year term, and the
119 Attorney General shall initially appoint a member to serve a 2
120 year term. All subsequent appointments shall be for 4-year
121 terms. Any vacancy that occurs shall be filled in the same
122 manner as the original appointment and shall be for the
123 remainder of the unexpired term of that seat.
124 (c) A member of the board of directors may not receive a
125 commission, fee, or financial benefit in connection with serving
126 on the board.
127 (4) The direct-support organization shall operate under
128 written contract with the Department of Legal Affairs. The
129 contract must provide for:
130 (a) Approval of the articles of incorporation and bylaws of
131 the direct-support organization by the department.
132 (b) Submission of an annual budget for the approval of the
133 department.
134 (c) Certification by the board that the direct-support
135 organization is complying with the terms of the contract and in
136 a manner consistent with the purposes of the direct-support
137 organization and in the best interest of the state. Such
138 certification must be made annually.
139 (d) The reversion to the department of moneys and property
140 held in trust by the direct-support organization for the benefit
141 of the council if the direct-support organization is no longer
142 approved to operate or ceases to exist.
143 (e) The disclosure of material provisions of the contract
144 and of the distinction between the board and the direct-support
145 organization to donors of gifts, contributions, or bequests, and
146 such disclosure on all promotional and fundraising publications.
147 (f) An annual financial audit in accordance with s.
148 215.981.
149 (g) The fiscal year of the direct-support organization,
150 which must begin July 1 of each year and end June 30 of the
151 following year.
152 (h) Appointment of the board of directors to be made
153 pursuant to this section.
154 (5)(a) In conjunction with the Statewide Council on Human
155 Trafficking and funded exclusively by the direct-support
156 organization, the direct-support organization shall form
157 strategic partnerships to foster the development of community
158 and private sector resources to advance the goals of the
159 council. To that end, the direct-support organization may
160 conduct programs and activities; raise funds; request and
161 receive grants, gifts, and bequests of money; acquire, receive,
162 hold, invest, and administer, in its own name, securities,
163 funds, objects of value, or other property, real or personal;
164 and make expenditures to, or for the direct or indirect benefit
165 of, the council or programs or activities of the direct-support
166 organization.
167 (b) Notwithstanding s. 287.025(1)(e), the direct-support
168 organization may enter into contracts to insure property of the
169 council or the direct-support organization and may insure
170 objects or collections on loan from others in satisfying
171 security terms of the lender.
172 (c) The direct-support organization shall consider the
173 participation of counties and municipalities that demonstrate a
174 willingness to participate and an ability to be successful in
175 any programs funded by the direct-support organization.
176 (6)(a) The department may authorize, without charge,
177 appropriate use of property, facilities, and personnel of the
178 department by the direct-support organization. The use shall be
179 for the approved purposes of the direct-support organization and
180 may not be made at times or places that would unreasonably
181 interfere with opportunities for the general public to use
182 department facilities.
183 (b) The department shall enter into a letter of agreement
184 with the direct-support organization, which shall specify the
185 conditions with which the direct-support organization must
186 comply in order to use property, facilities, or personnel of the
187 department. Such conditions must provide for budget and audit
188 review and oversight by the department.
189 (c) The department may not authorize the use of property,
190 facilities, or personnel of the department or a program or
191 activity of the direct-support organization that does not
192 provide equal employment opportunities to all persons regardless
193 of race, color, religion, sex, age, or national origin.
194 (7) A department employee or an employee or volunteer of
195 the direct-support organization may not be a business associate
196 of any individual, firm, or organization involved in the sale or
197 exchange of real or personal property to the direct-support
198 organization.
199 (8) The department may terminate a contract or agreement
200 with the direct-support organization at any time if the
201 department determines that the direct-support organization no
202 longer meets the objectives of this section.
203 Section 3. This act shall take effect July 1, 2014.