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.