Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1724
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/11/2014           .                                

    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 409.1754, Florida Statutes, is created
    6  to read:
    7         409.1754 Sexually exploited children; screening and
    8  assessment; training; case management; task forces.—
    9         (1) SCREENING AND ASSESSMENT.—
   10         (a) The department shall develop or adopt one or more
   11  initial screening and assessment instruments to identify,
   12  determine the needs of, plan services for, and identify
   13  appropriate placement for sexually exploited children. The
   14  department shall consult state and local agencies,
   15  organizations, and individuals involved in the identification
   16  and care of sexually exploited children in developing or
   17  adopting the initial screening and assessment instruments. The
   18  initial screening and assessment instruments must include
   19  assessment of appropriate placement, including whether placement
   20  in a safe house or safe foster home is appropriate, and must
   21  consider, at a minimum, the following factors:
   22         1. The risk of the sexually exploited child running away.
   23         2. The risk of the sexually exploited child recruiting
   24  other children into the commercial sex trade.
   25         3. The level of the sexually exploited child’s attachment
   26  to his or her exploiter.
   27         4. The level and type of trauma that the sexually exploited
   28  child has endured.
   29         5. The nature of the sexually exploited child’s
   30  interactions with law enforcement.
   31         6. The length of time that the child was sexually
   32  exploited.
   33         7. The extent of any substance abuse by the sexually
   34  exploited child.
   35         8. The existing community and familial resources and
   36  supports available to the child.
   37         (b) The initial screening and assessment instruments shall
   38  be validated with the target population and used by the
   39  department, juvenile assessment centers pursuant to s. 985.135,
   40  and community-based care lead agencies.
   41         (c) The department shall establish rules specifying the
   42  initial screening and assessment instruments to be used, the
   43  requirements for their use, and the reporting of data collected
   44  through them.
   45         (d) The department, the Department of Juvenile Justice, and
   46  community-based care lead agencies are not precluded from using
   47  additional assessment instruments in the course of serving
   48  sexually exploited children.
   50         (a)1. The department and community-based care lead agencies
   51  shall ensure that cases in which a child is alleged, suspected,
   52  or known to have been sexually exploited are assigned to child
   53  protective investigators, case managers, and victim advocates
   54  who have specialized intensive training in handling cases
   55  involving a sexually exploited child. The department and lead
   56  agencies shall ensure that child protective investigators, case
   57  managers, and victim advocates receive such training before
   58  accepting a case involving a sexually exploited child. The
   59  department shall develop and prescribe the core elements of the
   60  training curriculum.
   61         2. The Department of Juvenile Justice shall ensure that
   62  juvenile probation staff or contractors administering the
   63  detention risk assessment instrument pursuant to s. 985.14
   64  receive specialized intensive training in identifying and
   65  serving sexually exploited children.
   66         (b) The department and community-based care lead agencies
   67  shall conduct regular multidisciplinary staffings relating to
   68  services provided for sexually exploited children to ensure that
   69  all parties possess relevant information and that services are
   70  coordinated across systems. The department or community-based
   71  care lead agency, as appropriate, shall coordinate these
   72  staffings and invite individuals involved in the child’s care,
   73  including, but not limited to, the child’s guardian ad litem,
   74  juvenile justice system staff, school district staff, service
   75  providers, and victim advocates.
   76         (c)1. Each region of the department and each community
   77  based care lead agency shall jointly assess local service
   78  capacity to meet the specialized service needs of sexually
   79  exploited children and establish a plan to develop the necessary
   80  capacity. Each plan shall be developed in consultation with
   81  local law enforcement officials, local school officials, runaway
   82  and homeless youth program providers, local probation
   83  departments, children’s advocacy centers, guardians ad litem,
   84  public defenders, state attorneys’ offices, safe houses, and
   85  child advocates and services providers who work directly with
   86  sexually exploited children.
   87         2. Each region of the department and each community-based
   88  care lead agency shall establish local protocols and procedures
   89  for working with sexually exploited children which are
   90  responsive to the individual circumstances of each child. The
   91  protocols and procedures shall take into account the varying
   92  types and levels of trauma endured; whether the sexual
   93  exploitation is actively occurring, occurred in the past, or
   94  inactive but likely to reoccur; and the differing community
   95  resources and degrees of familial support that are available.
   96  Child protective investigators and case managers must use the
   97  protocols and procedures when working with a sexually exploited
   98  child.
  100         (a) The local regional director shall provide training to
  101  local law enforcement officials who are likely to encounter
  102  sexually exploited children in the course of their law
  103  enforcement duties. Training shall address the provisions of
  104  this section and how to identify and obtain appropriate services
  105  for sexually exploited children. The local circuit administrator
  106  may contract with an individual or entity approved by the
  107  department to conduct such training. Circuits may work
  108  cooperatively to provide training, which may be provided on a
  109  regional basis. The department shall assist circuits to obtain
  110  any available funds for the purposes of conducting law
  111  enforcement training from the Office of Juvenile Justice and
  112  Delinquency Prevention of the United States Department of
  113  Justice.
  114         (b) Circuit administrators or their designees, chief
  115  probation officers of the Department of Juvenile Justice or
  116  their designees, and the chief operating officers of community
  117  based care lead agencies or their designees shall participate in
  118  any task force, committee, council, advisory group, coalition,
  119  or other entity in their service area which is involved in
  120  coordinating responses to address human trafficking or sexual
  121  exploitation of children. If such entity does not exist, the
  122  circuit administrator for the department shall initiate one.
  123         Section 2. Section 409.1678, Florida Statutes, is amended
  124  to read:
  125         (Substantial rewording of section. See
  126         s. 409.1678, F.S., for present text.)
  127         409.1678 Specialized residential options for children who
  128  are victims of sexual exploitation.—
  129         (1) DEFINITIONS.—As used in this section, the term:
  130         (a) “Safe foster home” means a foster home certified by the
  131  department under this section to care for sexually exploited
  132  children.
  133         (b) “Safe house” means a group residential placement
  134  certified by the department under this section to care for
  135  sexually exploited children.
  136         (c) “Sexually exploited child” means a child who has
  137  suffered sexual exploitation as defined in s. 39.01(67)(g) and
  138  is ineligible for relief and benefits under the federal
  139  Trafficking Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
  140         (d) “Victim advocate” means an individual assigned by the
  141  department to each sexually exploited child who serves to inform
  142  and explain legal and other procedures and to assist in the
  143  child’s navigation and understanding of all processes,
  144  proceedings, treatment options, and resources.
  146         (a) Safe houses and safe foster homes shall provide a safe,
  147  separate, and therapeutic environment tailored to the needs of
  148  sexually exploited children who have endured significant trauma.
  149  Safe houses and safe foster homes shall use a model of treatment
  150  which includes strength-based and trauma-informed approaches.
  151         (b) A safe house or a safe foster home must be certified by
  152  the department. A residential facility accepting state funds
  153  appropriated to provide services to sexually exploited children
  154  or child victims of sex trafficking must be certified by the
  155  department as a safe house or a safe foster home. An entity may
  156  not use the designation “safe house” or “safe foster home” and
  157  hold itself out as serving sexually exploited children unless
  158  such entity is certified under this section.
  159         (c) To be certified, a safe house must hold a license as a
  160  residential child-caring agency as defined in s. 409.175, and a
  161  safe foster home must hold a license as a family foster home as
  162  defined in s. 409.175. A safe house or safe foster home must
  163  also:
  164         1. Use strength-based and trauma-informed approaches to
  165  care.
  166         2. Serve exclusively one sex.
  167         3. Group sexually exploited children by age or maturity
  168  level.
  169         4. If a safe house, have awake staff members on duty 24
  170  hours per day.
  171         5. Provide appropriate security through facility design,
  172  hardware, technology, staffing, and siting, including, but not
  173  limited to, external video monitoring or door exit alarms, a
  174  high staff-to-client ratio, or being situated in a remote
  175  location isolated from major transportation centers and common
  176  trafficking areas. However, such security must allow sexually
  177  exploited children to exit the safe house if they choose.
  178         6. Meet any other criteria established by department rule,
  179  which may include, but are not limited to, personnel
  180  qualifications, staffing ratios, and types of services offered.
  181         (d) Safe houses and safe foster homes shall provide
  182  services tailored to the needs of sexually exploited children
  183  and shall conduct a comprehensive assessment of the service
  184  needs of each resident. In addition to the services required to
  185  be provided by residential child caring agencies and family
  186  foster homes, safe houses and safe foster homes shall provide,
  187  arrange for, or coordinate, at a minimum, the following
  188  services:
  189         1. Victim-witness counseling.
  190         2. Family counseling.
  191         3. Behavioral health care.
  192         4. Treatment and intervention for sexual assault.
  193         5. Education tailored to the child’s individual needs,
  194  including remedial education if necessary.
  195         6. Life skills training.
  196         7. Mentoring by a victim advocate or a survivor of sexual
  197  exploitation.
  198         8. Substance abuse screening and, if necessary, access to
  199  treatment.
  200         9. Planning services for the successful transition of each
  201  child back to the community.
  202         10. Activities structured in a manner that provides
  203  sexually exploited children with a full schedule.
  204         (e) The community-based care lead agencies shall ensure
  205  that foster parents of safe foster homes and staff of safe
  206  houses complete intensive training regarding, at a minimum, the
  207  needs of sexually exploited children, the effects of trauma and
  208  sexual exploitation, and how to address those needs using
  209  strength-based and trauma-informed approaches. The department
  210  shall specify the contents of this training by rule and may
  211  develop or contract for a standard curriculum. The department
  212  may establish by rule additional criteria for the certification
  213  of safe houses and safe foster homes which shall address the
  214  security, therapeutic, social, health, and educational needs of
  215  sexually exploited children.
  216         (f) The department shall inspect safe houses and safe
  217  foster homes before certification and annually thereafter to
  218  ensure compliance with requirements of this section. The
  219  department may place a moratorium on referrals and may revoke
  220  the certification of a safe house or safe foster home that fails
  221  at any time to meet the requirements of, or rules adopted under,
  222  this section.
  223         (g) The certification period for safe houses and safe
  224  foster homes shall run concurrently with the terms of their
  225  licenses.
  227         (a) To ensure sexually exploited children in this state are
  228  provided specialized, evidence- and practice-informed programs
  229  and options that appropriately and effectively address their
  230  safety, therapeutic, health, educational, vocational
  231  rehabilitative, and emotional needs, the Human Trafficking
  232  Victims Task Force is established between the department and the
  233  Department of Juvenile Justice. The purpose of the task force is
  234  to develop a statewide, coordinated response, including
  235  recommendations for a secure safe house pilot program, in order
  236  to provide for the safety, welfare, and future success of
  237  children who are victims of human trafficking. The task force
  238  shall comply with the requirements of s. 20.052, except as
  239  otherwise provided in this section.
  240         (b) The task force shall be seated by the department and
  241  Department of Juvenile Justice with co-chairs designated by each
  242  department.
  243         (c) The task force shall hold its initial meeting by
  244  October 1, 2014.
  245         (d) The task force shall make recommendations for
  246  specialized services and treatment of sexually exploited
  247  children and identify any gaps in the availability of such
  248  services across the state. Recommendations shall include the
  249  development of a secure residential safe house pilot program in
  250  order to evaluate the therapeutic benefits of establishing such
  251  a program within the broader array of residential and community
  252  based services available to meets the needs of sexually
  253  exploited children.
  254         (e) The department and the Department of Juvenile Justice
  255  shall provide administrative support to the task force.
  256         (f) The task force shall meet at least monthly and at other
  257  times at the call of the co-chairs.
  258         (g) Members of the task force shall serve without
  259  compensation but are entitled to reimbursement for per diem and
  260  travel expenses as provided in s. 112.061.
  261         (h) By December 15, 2014, the task force shall submit a
  262  report to the Governor, the President of the Senate, and the
  263  Speaker of the House of Representatives which states the task
  264  force’s findings, conclusions, and recommendations as described
  265  in paragraph (d).
  266         Section 3. Section 39.524, Florida Statutes, is amended to
  267  read:
  268         39.524 Safe-harbor placement.—
  269         (1) Except as provided in s. 39.407 or s. 985.801, a
  270  dependent child 6 years of age or older who has been found to be
  271  a victim of sexual exploitation as defined in s. 39.01(67)(g)
  272  must be assessed for placement in a safe house or safe foster
  273  home as provided in s. 409.1678 using the initial screening and
  274  assessment instruments provided in s. 409.1754(1). The
  275  assessment shall be conducted by the department or its agent and
  276  shall incorporate and address current and historical information
  277  from any law enforcement reports; psychological testing or
  278  evaluation that has occurred; current and historical information
  279  from the guardian ad litem, if one has been assigned; current
  280  and historical information from any current therapist, teacher,
  281  or other professional who has knowledge of the child and has
  282  worked with the child; and any other information concerning the
  283  availability and suitability of safe-house placement. If such
  284  placement is determined to be appropriate for the child as a
  285  result of this assessment, the child may be placed in a safe
  286  house or safe foster home, if one is available. However, the
  287  child may be placed in another setting if the other setting is
  288  more appropriate to the child’s needs and the child’s behaviors
  289  can be managed in those settings so that the child does not
  290  endanger other children served in that setting, or if a safe
  291  house or safe foster home in unavailable As used in this
  292  section, the term “available” as it relates to a placement means
  293  a placement that is located within the circuit or otherwise
  294  reasonably accessible.
  295         (2) The results of the assessment described in s.
  296  409.1754(1) subsection (1) and the actions taken as a result of
  297  the assessment must be included in the next judicial review of
  298  the child. At each subsequent judicial review, the court must be
  299  advised in writing of the status of the child’s placement, with
  300  special reference regarding the stability of the placement and
  301  the permanency planning for the child.
  302         (3)(a) By December 1 of each year, the department shall
  303  report to the Legislature on the placement of children in safe
  304  houses and safe foster homes during the year, including the
  305  criteria used to determine the placement of children, the number
  306  of children who were evaluated for placement, the number of
  307  children who were placed based upon the evaluation, and the
  308  number of children who were not placed.
  309         (b) The department shall maintain data specifying the
  310  number of children who were referred to a safe house or safe
  311  foster home for whom placement was unavailable and the counties
  312  in which such placement was unavailable. The department shall
  313  include this data in its report under this subsection so that
  314  the Legislature may consider this information in developing the
  315  General Appropriations Act.
  316         Section 4. Paragraph (b) of subsection (2) and paragraph
  317  (b) of subsection (3) of section 39.401, Florida Statutes, are
  318  amended to read:
  319         39.401 Taking a child alleged to be dependent into custody;
  320  law enforcement officers and authorized agents of the
  321  department.—
  322         (2) If the law enforcement officer takes the child into
  323  custody, that officer shall:
  324         (b) Deliver the child to an authorized agent of the
  325  department, stating the facts by reason of which the child was
  326  taken into custody and sufficient information to establish
  327  probable cause that the child is abandoned, abused, or
  328  neglected, or otherwise dependent. For such a child for whom
  329  there is also probable cause to believe he or she has been
  330  sexually exploited, the law enforcement officer shall deliver
  331  the child to the department. The department may place the child
  332  in an appropriate short-term safe house as provided for in s.
  333  409.1678 if a short-term safe house is available.
  335  For cases involving allegations of abandonment, abuse, or
  336  neglect, or other dependency cases, within 3 days after such
  337  release or within 3 days after delivering the child to an
  338  authorized agent of the department, the law enforcement officer
  339  who took the child into custody shall make a full written report
  340  to the department.
  341         (3) If the child is taken into custody by, or is delivered
  342  to, an authorized agent of the department, the agent shall
  343  review the facts supporting the removal with an attorney
  344  representing the department. The purpose of the review is to
  345  determine whether there is probable cause for the filing of a
  346  shelter petition.
  347         (b) If the facts are sufficient and the child has not been
  348  returned to the custody of the parent or legal custodian, the
  349  department shall file the petition and schedule a hearing, and
  350  the attorney representing the department shall request that a
  351  shelter hearing be held within 24 hours after the removal of the
  352  child. While awaiting the shelter hearing, the authorized agent
  353  of the department may place the child in licensed shelter care,
  354  or in a short-term safe house if the child is a sexually
  355  exploited child, or may release the child to a parent or legal
  356  custodian or responsible adult relative or the adoptive parent
  357  of the child’s sibling who shall be given priority consideration
  358  over a licensed placement, or a responsible adult approved by
  359  the department if this is in the best interests of the child.
  360  Placement of a child which is not in a licensed shelter must be
  361  preceded by a criminal history records check as required under
  362  s. 39.0138. In addition, the department may authorize placement
  363  of a housekeeper or homemaker housekeeper/homemaker in the home
  364  of a child alleged to be dependent until the parent or legal
  365  custodian assumes care of the child.
  366         Section 5. Subsection (6) of section 796.07, Florida
  367  Statutes, is amended to read:
  368         796.07 Prohibiting prostitution and related acts.—
  369         (6) A person who violates paragraph (2)(f) shall be
  370  assessed a civil penalty of $5,000 if the violation results in
  371  any judicial disposition other than acquittal or dismissal. Of
  372  the proceeds from each penalty assessed under this subsection,
  373  the first $500 shall be paid to the circuit court administrator
  374  for the sole purpose of paying the administrative costs of
  375  treatment-based drug court programs provided under s. 397.334.
  376  The remainder of the penalty assessed shall be deposited in the
  377  Operations and Maintenance Trust Fund of the Department of
  378  Children and Families Family Services for the sole purpose of
  379  funding safe houses and short-term safe foster homes houses as
  380  provided in s. 409.1678.
  381         Section 6. Paragraph (b) of subsection (2) of section
  382  985.115, Florida Statutes, is amended to read:
  383         985.115 Release or delivery from custody.—
  384         (2) Unless otherwise ordered by the court under s. 985.255
  385  or s. 985.26, and unless there is a need to hold the child, a
  386  person taking a child into custody shall attempt to release the
  387  child as follows:
  388         (b) Contingent upon specific appropriation, to a shelter
  389  approved by the department or to an authorized agent or short
  390  term safe house under s. 39.401(2)(b).
  391         Section 7. The Office of Program Policy Analysis and
  392  Government Accountability shall conduct a study on commercial
  393  sexual exploitation of children in Florida. The study shall
  394  assess the extent of commercial sexual exploitation of children,
  395  including, but not limited to, its prevalence in various regions
  396  of the state. The study shall also identify specialized services
  397  needed by sexually exploited children and any gaps in the
  398  availability of such services by region, including, but not
  399  limited to, residential services and specialized therapies. The
  400  study shall also analyze the effectiveness of safe houses, safe
  401  foster homes, and other residential options for serving sexually
  402  exploited children in addressing their safety, therapeutic,
  403  health, educational, and emotional needs, including, but not
  404  limited to, the nature and appropriateness of subsequent
  405  placements, extent of sexual exploitation postplacement, and
  406  educational attainment. By July 1, 2017, the Office of Program
  407  Policy Analysis and Government Accountability shall report its
  408  findings to the Governor, the President of the Senate, and the
  409  Speaker of the House of Representatives.
  410         Section 8. This act shall take effect July 1, 2014.
  412  ================= T I T L E  A M E N D M E N T ================
  413  And the title is amended as follows:
  414         Delete everything before the enacting clause
  415  and insert:
  416                        A bill to be entitled                      
  417         An act relating to human trafficking; creating s.
  418         409.1754, F.S.; requiring the Department of Children
  419         and Families to develop or adopt initial screening and
  420         assessment instruments for sexually exploited
  421         children; specifying the process for the department to
  422         develop or adopt such screening and assessment
  423         instruments; providing factors for placement in a safe
  424         house or safe foster home; authorizing specified
  425         entities to use additional initial screening and
  426         assessment instruments; requiring the staff of the
  427         department, community-based care lead agencies, and
  428         the Department of Juvenile Justice to receive
  429         specified training in handling cases involving a
  430         sexually exploited child and the administration of the
  431         risk assessment instrument; requiring the Department
  432         of Children and Families and lead agencies to hold
  433         multidisciplinary staffings under certain
  434         circumstances; requiring each region of the department
  435         and each lead agency to develop specified plans and
  436         protocols in consultation with specified entities;
  437         requiring the local regional director to provide
  438         specified training to local law enforcement officials;
  439         directing the department, the Department of Juvenile
  440         Justice, and lead agencies to participate in
  441         coalitions, task forces, or similar organizations to
  442         coordinate local responses to human trafficking;
  443         requiring the circuit administrator of the Department
  444         of Children and Families to initiate a task force if
  445         one is not active in a local area; amending s.
  446         409.1678, F.S.; defining terms; requiring safe houses
  447         and safe foster homes to be certified by the
  448         department; providing requirements for certification
  449         and operation as a safe house or safe foster home;
  450         requiring a lead agency to ensure certain training;
  451         requiring the department to specify the contents of
  452         such training; authorizing the department to develop
  453         or contract for a standard curriculum; authorizing the
  454         department to establish additional criteria for the
  455         certification of safe houses and safe foster homes;
  456         providing duties of the department relating to the
  457         certification of safe houses and safe foster homes;
  458         establishing the Human Trafficking Victims Task Force
  459         in the department and the Department of Juvenile
  460         Justice; providing the purpose of the task force;
  461         providing for membership and co-chairs of the task
  462         force; providing for meetings; providing the duties of
  463         the task force; providing for reimbursement of task
  464         force members; requiring a report to the Governor and
  465         the Legislature by a specified date; amending s.
  466         39.524, F.S.; requiring assessment or placement in a
  467         safe foster home under certain circumstances;
  468         authorizing placement in a setting other than a safe
  469         house or safe foster home under certain conditions;
  470         conforming provisions to changes made by the act;
  471         amending ss. 39.401, 796.07, and 985.115, F.S.;
  472         conforming provisions to changes made by the act;
  473         requiring the Office of Program Policy Analysis and
  474         Government Accountability to conduct a study on
  475         commercial exploitation of children in the state and
  476         related topics; requiring a report to the Governor and
  477         the Legislature by a specified date; providing an
  478         effective date.