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.