Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 540
       
       
       
       
       
       
                                Ì237898oÎ237898                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/14/2019           .                                
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       The Committee on Community Affairs (Book) recommended the
       following:
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 16.618, Florida Statutes, is created to
    6  read:
    7         16.618Direct-support organization.—
    8         (1) The Department of Legal Affairs shall establish a
    9  direct-support organization to provide assistance, funding, and
   10  support to the Statewide Council on Human Trafficking and to
   11  assist in the fulfillment of the council’s purposes. The direct
   12  support organization must be:
   13         (a) A Florida corporation, not for profit, incorporated
   14  under chapter 617, and approved by the Secretary of State;
   15         (b) Organized and operated exclusively to solicit funds;
   16  request and receive grants, gifts, and bequests of money;
   17  acquire, receive, hold, invest, and administer, in its own name,
   18  property and funds; and make expenditures in support of the
   19  purposes specified in this section; and
   20         (c) Certified by the department, after review, to be
   21  operating in a manner consistent with the purposes of the
   22  organization and in the best interests of this state.
   23         (2) The direct-support organization shall operate under
   24  written contract with the department. The contract must provide
   25  for all of the following:
   26         (a) Approval of the articles of incorporation and bylaws of
   27  the direct-support organization by the department.
   28         (b) Submission of an annual budget for approval by the
   29  department.
   30         (c) Annual certification by the department that the direct
   31  support organization is complying with the terms of the contract
   32  and is operating in a manner consistent with the purposes of the
   33  organization and in the best interests of this state.
   34         (d) Reversion to the Florida Council Against Sexual
   35  Violence of moneys and property held in trust by the direct
   36  support organization if the direct-support organization is no
   37  longer approved to operate or if it ceases to exist.
   38         (e) Disclosure of the material provisions of the contract
   39  and the distinction between the board of directors and the
   40  direct-support organization to donors of gifts, contributions,
   41  or bequests, which disclosures must be included in all
   42  promotional and fundraising publications.
   43         (f) An annual financial audit in accordance with s.
   44  215.981.
   45         (g) Establishment of the fiscal year of the direct-support
   46  organization as beginning on July 1 of each year and ending on
   47  June 30 of the following year.
   48         (h) Appointment of the board of directors, pursuant to this
   49  section.
   50         (i) Authority of the board of directors of the direct
   51  support organization to hire an executive director.
   52         (3) The board of directors of the direct-support
   53  organization shall consist of seven members. Each member of the
   54  board of directors shall be appointed to a 4-year term; however,
   55  for the purpose of providing staggered terms, the appointee of
   56  the President of the Senate and the appointee of the Speaker of
   57  the House of Representatives shall each initially be appointed
   58  to a 2-year term, and the Attorney General shall initially
   59  appoint two members to serve 2-year terms. All subsequent
   60  appointments shall be for 4-year terms. Any vacancy that occurs
   61  must be filled in the same manner as the original appointment
   62  and is for the unexpired term of that seat. The board of
   63  directors shall be appointed as follows:
   64         (a)Four members appointed by the Attorney General, one of
   65  which must be a survivor of human trafficking and one of which
   66  must be a mental health expert.
   67         (b)One member appointed by the Governor.
   68         (c)One member appointed by the President of the Senate.
   69         (d)One member appointed by the Speaker of the House of
   70  Representatives.
   71         (4)In conjunction with the Statewide Council on Human
   72  Trafficking, and funded exclusively by the direct-support
   73  organization, the direct-support organization shall form
   74  strategic partnerships to foster the development of community
   75  and private sector resources to advance the goals of the
   76  council.
   77         (5) The direct-support organization shall consider the
   78  participation of counties and municipalities in this state which
   79  demonstrate a willingness to participate and an ability to be
   80  successful in any programs funded by the direct-support
   81  organization.
   82         (6)(a)The department may authorize the appropriate use
   83  without charge, of the department’s property, facilities, and
   84  personnel by the direct-support organization. The use must be
   85  for the approved purposes of the direct-support organization and
   86  may not be made at times or places that would unreasonably
   87  interfere with opportunities for the general public to use
   88  departmental facilities.
   89         (b)The department shall prescribe by agreement conditions
   90  with which the direct-support organization must comply in order
   91  to use department property, facilities, or personnel. Such
   92  conditions must provide for budget and audit review and
   93  oversight by the department.
   94         (c)The department may not authorize the use of property,
   95  facilities, or personnel of the council, department, or
   96  designated program by the direct-support organization which does
   97  not provide equal employment opportunities to all persons
   98  regardless of race, color, religion, sex, age, or national
   99  origin.
  100         (7)(a)The direct-support organization may conduct programs
  101  and activities; raise funds; request and receive grants, gifts,
  102  and bequests of money; acquire, receive, hold, invest, and
  103  administer, in its own name, securities, funds, objects of
  104  value, or other property, real or personal; and make
  105  expenditures to or for the direct or indirect benefit of the
  106  council or designated program.
  107         (b)Notwithstanding s. 287.025(1)(e), the direct-support
  108  organization may enter into contracts to insure the property of
  109  the council or designated programs and may insure objects or
  110  collections on loan from other entities in satisfying security
  111  terms of the lender.
  112         (8)A departmental employee, a direct-support organization
  113  or council employee, a volunteer, or a director or a designated
  114  program may not:
  115         (a)Receive a commission, fee, or financial benefit in
  116  connection with serving on the council; or
  117         (b)Be a business associate of any individual, firm, or
  118  organization involved in the sale or the exchange of real or
  119  personal property to the direct-support organization, the
  120  council, or a designated program.
  121         (9)All moneys received by the direct-support organization
  122  shall be deposited into an account of the direct-support
  123  organization and shall be used in a manner consistent with the
  124  goals of the council or designated program.
  125         (10)The department may terminate its agreement with the
  126  direct-support organization at any time if the department
  127  determines that the direct-support organization does not meet
  128  the objectives of this section.
  129         (11) This section is repealed October 1, 2024, unless
  130  reviewed and saved from repeal by the Legislature.
  131         Section 2. Section 480.043, Florida Statutes, is amended to
  132  read:
  133         480.043 Massage establishments; requisites; licensure;
  134  inspection; human trafficking awareness training and policies;
  135  enforcement.—
  136         (1) No massage establishment shall be allowed to operate
  137  without a license granted by the department in accordance with
  138  rules adopted by the board.
  139         (2) A person who has an ownership interest in an
  140  establishment shall submit to the background screening
  141  requirements under s. 456.0135. However, if a corporation
  142  submits proof of having more than $250,000 of business assets in
  143  this state, the department shall require the owner, officer, or
  144  individual directly involved in the management of the
  145  establishment to submit to the background screening requirements
  146  of s. 456.0135. The department may adopt rules regarding the
  147  type of proof that may be submitted by a corporation.
  148         (3) The board shall adopt rules governing the operation of
  149  establishments and their facilities, personnel, safety and
  150  sanitary requirements, financial responsibility, insurance
  151  coverage, and the license application and granting process.
  152         (4) Any person, firm, or corporation desiring to operate a
  153  massage establishment in the state shall submit to the
  154  department an application, upon forms provided by the
  155  department, accompanied by any information requested by the
  156  department and an application fee.
  157         (5) Upon receiving the application, the department may
  158  cause an investigation to be made of the proposed massage
  159  establishment.
  160         (6) If, based upon the application and any necessary
  161  investigation, the department determines that the proposed
  162  establishment would fail to meet the standards adopted by the
  163  board under subsection (3), the department shall deny the
  164  application for license. Such denial shall be in writing and
  165  shall list the reasons for denial. Upon correction of any
  166  deficiencies, an applicant previously denied permission to
  167  operate a massage establishment may reapply for licensure.
  168         (7) If, based upon the application and any necessary
  169  investigation, the department determines that the proposed
  170  massage establishment may reasonably be expected to meet the
  171  standards adopted by the department under subsection (3), the
  172  department shall grant the license under such restrictions as it
  173  shall deem proper as soon as the original licensing fee is paid.
  174         (8) The department shall deny an application for a new or
  175  renewal license if a person with an ownership interest in the
  176  establishment or, for a corporation that has more than $250,000
  177  of business assets in this state, the owner, officer, or
  178  individual directly involved in the management of the
  179  establishment has been convicted or found guilty of, or entered
  180  a plea of guilty or nolo contendere to, regardless of
  181  adjudication, a violation of s. 796.07(2)(a) which is
  182  reclassified under s. 796.07(7) or a felony offense under any of
  183  the following provisions of state law or a similar provision in
  184  another jurisdiction:
  185         (a) Section 787.01, relating to kidnapping.
  186         (b) Section 787.02, relating to false imprisonment.
  187         (c) Section 787.025, relating to luring or enticing a
  188  child.
  189         (d) Section 787.06, relating to human trafficking.
  190         (e) Section 787.07, relating to human smuggling.
  191         (f) Section 794.011, relating to sexual battery.
  192         (g) Section 794.08, relating to female genital mutilation.
  193         (h) Former s. 796.03, relating to procuring a person under
  194  the age of 18 for prostitution.
  195         (i) Former s. 796.035, relating to selling or buying of
  196  minors into prostitution.
  197         (j) Section 796.04, relating to forcing, compelling, or
  198  coercing another to become a prostitute.
  199         (k) Section 796.05, relating to deriving support from the
  200  proceeds of prostitution.
  201         (l) Section 796.07(4)(a)3., relating to a felony of the
  202  third degree for a third or subsequent violation of s. 796.07,
  203  relating to prohibiting prostitution and related acts.
  204         (m) Section 800.04, relating to lewd or lascivious offenses
  205  committed upon or in the presence of persons less than 16 years
  206  of age.
  207         (n) Section 825.1025(2)(b), relating to lewd or lascivious
  208  offenses committed upon or in the presence of an elderly or
  209  disabled person.
  210         (o) Section 827.071, relating to sexual performance by a
  211  child.
  212         (p) Section 847.0133, relating to the protection of minors.
  213         (q) Section 847.0135, relating to computer pornography.
  214         (r) Section 847.0138, relating to the transmission of
  215  material harmful to minors to a minor by electronic device or
  216  equipment.
  217         (s) Section 847.0145, relating to the selling or buying of
  218  minors.
  219         (9)(a) Once issued, no license for operation of a massage
  220  establishment may be transferred from one owner to another.
  221         (b) A license may be transferred from one location to
  222  another only after inspection and approval by the board and
  223  receipt of an application and inspection fee set by rule of the
  224  board, not to exceed $125.
  225         (c) A license may be transferred from one business name to
  226  another after approval by the board and receipt of an
  227  application fee set by rule of the board, not to exceed $25.
  228         (10) Renewal of license registration for massage
  229  establishments shall be accomplished pursuant to rules adopted
  230  by the board. The board is further authorized to adopt rules
  231  governing delinquent renewal of licenses and may impose penalty
  232  fees for delinquent renewal.
  233         (11) The board is authorized to adopt rules governing the
  234  periodic inspection of massage establishments licensed under
  235  this act.
  236         (12) A person with an ownership interest in or, for a
  237  corporation that has more than $250,000 of business assets in
  238  this state, the owner, officer, or individual directly involved
  239  in the management of an establishment that was issued a license
  240  before July 1, 2014, shall submit to the background screening
  241  requirements of s. 456.0135 before January 31, 2015.
  242         (13)(a) A massage establishment shall:
  243         1. Provide training regarding human trafficking awareness
  244  to massage therapists and employees of the establishment who
  245  ordinarily interact with guests. Such training must be provided
  246  to such massage therapists and employees within 6 months after
  247  their employment in that role, or by January 1, 2021, whichever
  248  occurs later. Proof of such employee training must be provided
  249  to the board upon request.
  250         2. By January 1, 2021, implement a procedure for the
  251  reporting of suspected human trafficking to the National Human
  252  Trafficking Hotline or to a local law enforcement agency.
  253         3. By January 1, 2021, post in a conspicuous place in the
  254  establishment which is accessible to employees a sign with the
  255  relevant provisions of the reporting procedure provided for in
  256  subparagraph 2.
  257         (b) The human trafficking awareness training required under
  258  subparagraph 1. must be submitted to and approved by the
  259  department before the training is provided to employees and must
  260  include the following:
  261         1. The definition of human trafficking and the difference
  262  between the two forms of human trafficking: sex trafficking and
  263  labor trafficking.
  264         2. Guidance specific to the massage establishment sector
  265  concerning how to identify individuals who may be victims of
  266  human trafficking.
  267         3. Guidance concerning the role of the employees of a
  268  massage establishment in reporting and responding to suspected
  269  human trafficking.
  270         (c) The board must take disciplinary action against a
  271  massage establishment that has operated or that is operating in
  272  violation of this section.
  273         (d) This section does not establish a private cause of
  274  action. A massage establishment is not liable for any harm
  275  resulting from the failure of an employee to prevent, detect, or
  276  report suspected human trafficking if the massage establishment
  277  was in compliance with the requirements of this section at the
  278  time of such harm.
  279         (14)(13) This section does not apply to a physician
  280  licensed under chapter 458, chapter 459, or chapter 460 who
  281  employs a licensed massage therapist to perform massage on the
  282  physician’s patients at the physician’s place of practice. This
  283  subsection does not restrict investigations by the department
  284  for violations of chapter 456 or this chapter.
  285         Section 3. Section 509.096, Florida Statutes, is created to
  286  read:
  287         509.096 Human trafficking awareness training and policies
  288  for employees of public lodging establishments; enforcement.—
  289         (1) A public lodging establishment shall:
  290         (a) Provide training regarding human trafficking awareness
  291  to employees of the establishment who perform housekeeping
  292  duties in the rental units or who work at the front desk or
  293  reception area where guests ordinarily check-in or check-out.
  294  Such training must be provided to such employees within 6 months
  295  after their employment in that role, or by January 1, 2020,
  296  whichever occurs later. Proof of such employee training must be
  297  provided to the division upon request.
  298         (b) By January 1, 2020, implement a procedure for the
  299  reporting of suspected human trafficking to the National Human
  300  Trafficking Hotline or to a local law enforcement agency.
  301         (c) By January 1, 2020, post in a conspicuous place in the
  302  establishment which is accessible to employees a sign with the
  303  relevant provisions of the reporting procedure provided for in
  304  paragraph (b).
  305         (2) The human trafficking awareness training required under
  306  paragraph (1)(a) must be submitted to and approved by the
  307  division before the training is provided to employees and must
  308  include all of the following:
  309         (a) The definition of human trafficking and the difference
  310  between the two forms of human trafficking: sex trafficking and
  311  labor trafficking.
  312         (b) Guidance specific to the public lodging sector
  313  concerning how to identify individuals who may be victims of
  314  human trafficking.
  315         (c) Guidance concerning the role of the employees of a
  316  public lodging establishment in reporting and responding to
  317  suspected human trafficking.
  318         (3) Pursuant to s. 509.261, the division must take
  319  disciplinary action against a public lodging establishment that
  320  has operated or that is operating in violation of this section.
  321         (4) This section does not establish a private cause of
  322  action. A public lodging establishment is not liable for any
  323  harm resulting from the failure of an employee to prevent,
  324  detect, or report suspected human trafficking if the public
  325  lodging establishment was in compliance with the requirements of
  326  this section at the time of such harm.
  327         Section 4. Effective October 1, 2019, subsection (5) of
  328  section 796.07, Florida Statutes, is amended, and subsection (2)
  329  of that section is republished, to read:
  330         796.07 Prohibiting prostitution and related acts.—
  331         (2) It is unlawful:
  332         (a) To own, establish, maintain, or operate any place,
  333  structure, building, or conveyance for the purpose of lewdness,
  334  assignation, or prostitution.
  335         (b) To offer, or to offer or agree to secure, another for
  336  the purpose of prostitution or for any other lewd or indecent
  337  act.
  338         (c) To receive, or to offer or agree to receive, any person
  339  into any place, structure, building, or conveyance for the
  340  purpose of prostitution, lewdness, or assignation, or to permit
  341  any person to remain there for such purpose.
  342         (d) To direct, take, or transport, or to offer or agree to
  343  direct, take, or transport, any person to any place, structure,
  344  or building, or to any other person, with knowledge or
  345  reasonable cause to believe that the purpose of such directing,
  346  taking, or transporting is prostitution, lewdness, or
  347  assignation.
  348         (e) For a person 18 years of age or older to offer to
  349  commit, or to commit, or to engage in, prostitution, lewdness,
  350  or assignation.
  351         (f) To solicit, induce, entice, or procure another to
  352  commit prostitution, lewdness, or assignation.
  353         (g) To reside in, enter, or remain in, any place,
  354  structure, or building, or to enter or remain in any conveyance,
  355  for the purpose of prostitution, lewdness, or assignation.
  356         (h) To aid, abet, or participate in any of the acts or
  357  things enumerated in this subsection.
  358         (i) To purchase the services of any person engaged in
  359  prostitution.
  360         (5)(a) A person who violates paragraph (2)(f) commits:
  361         1. A misdemeanor of the first degree for a first violation,
  362  punishable as provided in s. 775.082 or s. 775.083.
  363         2. A felony of the third degree for a second violation,
  364  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  365         3. A felony of the second degree for a third or subsequent
  366  violation, punishable as provided in s. 775.082, s. 775.083, or
  367  s. 775.084.
  368         (b) In addition to any other penalty imposed, the court
  369  shall order a person convicted of a violation of paragraph
  370  (2)(f) to:
  371         1. Perform 100 hours of community service; and
  372         2. Pay for and attend an educational program about the
  373  negative effects of prostitution and human trafficking, such as
  374  a sexual violence prevention education program, including such
  375  programs offered by faith-based providers, if such programs
  376  exist in the judicial circuit in which the offender is
  377  sentenced.
  378         (c) In addition to any other penalty imposed, the court
  379  shall sentence a person convicted of a second or subsequent
  380  violation of paragraph (2)(f) to a minimum mandatory period of
  381  incarceration of 10 days.
  382         (d)1. If a person who violates paragraph (2)(f) uses a
  383  vehicle in the course of the violation, the judge, upon the
  384  person’s conviction, may issue an order for the impoundment or
  385  immobilization of the vehicle for a period of up to 60 days. The
  386  order of impoundment or immobilization must include the names
  387  and telephone numbers of all immobilization agencies meeting all
  388  of the conditions of s. 316.193(13). Within 7 business days
  389  after the date that the court issues the order of impoundment or
  390  immobilization, the clerk of the court must send notice by
  391  certified mail, return receipt requested, to the registered
  392  owner of the vehicle, if the registered owner is a person other
  393  than the defendant, and to each person of record claiming a lien
  394  against the vehicle.
  395         2. The owner of the vehicle may request the court to
  396  dismiss the order. The court must dismiss the order, and the
  397  owner of the vehicle will incur no costs, if the owner of the
  398  vehicle alleges and the court finds to be true any of the
  399  following:
  400         a. The owner’s family has no other private or public means
  401  of transportation;
  402         b. The vehicle was stolen at the time of the offense;
  403         c. The owner purchased the vehicle after the offense was
  404  committed, and the sale was not made to circumvent the order and
  405  allow the defendant continued access to the vehicle; or
  406         d. The vehicle is owned by the defendant but is operated
  407  solely by employees of the defendant or employees of a business
  408  owned by the defendant.
  409         3. If the court denies the request to dismiss the order,
  410  the petitioner may request an evidentiary hearing. If, at the
  411  evidentiary hearing, the court finds to be true any of the
  412  circumstances described in sub-subparagraphs (d)2.a.-d., the
  413  court must dismiss the order and the owner of the vehicle will
  414  incur no costs.
  415         (e) The criminal history record of a person who violates
  416  paragraph (2)(f) and who is found guilty as a result of a trial
  417  or who enters a plea of guilty or nolo contendere, regardless of
  418  whether adjudication is withheld, must be added to the
  419  Soliciting for Prostitution Public Database established under s.
  420  943.0433. Upon the person’s conviction, the clerk of the court
  421  shall forward the criminal history record of the convicted
  422  person to the Department of Law Enforcement for inclusion in the
  423  database.
  424         Section 5. Effective October 1, 2019, section 943.0433,
  425  Florida Statutes, is created to read:
  426         943.0433Soliciting for Prostitution Public Database.—
  427         (1) The department shall create and administer the
  428  Soliciting for Prostitution Public Database. The clerk of the
  429  court shall forward to the department the criminal history
  430  record of a person in accordance with s. 796.07(5)(e), and the
  431  department must add the criminal history record to the database.
  432         (2)(a)The department shall automatically remove the
  433  criminal history record of a person on the database for a first
  434  violation of s. 796.07(2)(f) if, after 5 years after the
  435  person’s conviction, such person has not again violated s.
  436  796.07(2)(f) and has not committed any other offense within that
  437  time that would constitute a sexual offense, including, but not
  438  limited to, human trafficking or an offense that would require
  439  registration as a sexual offender.
  440         (b)The department may not remove a criminal history record
  441  from the database if a person violates s. 796.07(2)(f) a second
  442  or subsequent time.
  443         (3)The database must include all of the following on each
  444  offender:
  445         (a)His or her full legal name.
  446         (b)His or her last known address.
  447         (c)A color photograph of him or her.
  448         (d)The offense for which he or she was convicted.
  449         (4) The department shall adopt rules to administer this
  450  section.
  451         Section 6. Subsection (3) of section 943.0583, Florida
  452  Statutes, is amended to read:
  453         943.0583 Human trafficking victim expunction.—
  454         (3) A person who is a victim of human trafficking may
  455  petition for the expunction of a criminal history record
  456  resulting from the arrest or filing of charges for an offense
  457  committed or reported to have been committed while the person
  458  was a victim of human trafficking, which offense was committed
  459  or reported to have been committed as a part of the human
  460  trafficking scheme of which the person was a victim or at the
  461  direction of an operator of the scheme, including, but not
  462  limited to, violations under chapters 796 and 847, without
  463  regard to the disposition of the arrest or of any charges.
  464  However, this section does not apply to any offense listed in s.
  465  775.084(1)(b)1., except for kidnapping. Determination of the
  466  petition under this section should be by a preponderance of the
  467  evidence. A conviction expunged under this section is deemed to
  468  have been vacated due to a substantive defect in the underlying
  469  criminal proceedings. If a person is adjudicated not guilty by
  470  reason of insanity or is found to be incompetent to stand trial
  471  for any such charge, the expunction of the criminal history
  472  record may not prevent the entry of the judgment or finding in
  473  state and national databases for use in determining eligibility
  474  to purchase or possess a firearm or to carry a concealed
  475  firearm, as authorized in s. 790.065(2)(a)4.c. and 18 U.S.C. s.
  476  922(t), nor shall it prevent any governmental agency that is
  477  authorized by state or federal law to determine eligibility to
  478  purchase or possess a firearm or to carry a concealed firearm
  479  from accessing or using the record of the judgment or finding in
  480  the course of such agency’s official duties.
  481         Section 7. Section 943.17297, Florida Statutes, is created
  482  to read:
  483         943.17297Training in identifying and investigating human
  484  trafficking.—Each certified law enforcement officer must
  485  successfully complete four hours of training on identifying and
  486  investigating human trafficking as a part of the basic recruit
  487  training of the officer required in s. 943.13(9) or continuing
  488  education under s. 943.135(1) before July 1, 2022. The training
  489  must be developed by the commission in consultation with the
  490  Department of Children and Families and the Statewide Council on
  491  Human Trafficking. If an officer fails to complete the required
  492  training, his or her certification shall be inactive until the
  493  employing agency notifies the commission that the officer has
  494  completed the training.
  495         Section 8. Except as otherwise expressly provided in this
  496  act, this act shall take effect July 1, 2019.
  497  
  498  ================= T I T L E  A M E N D M E N T ================
  499  And the title is amended as follows:
  500         Delete everything before the enacting clause
  501  and insert:
  502                        A bill to be entitled                      
  503         An act relating to human trafficking; creating s.
  504         16.618, F.S.; requiring the Department of Legal
  505         Affairs to establish a certain direct-support
  506         organization; providing requirements for the direct
  507         support organization; requiring the direct-support
  508         organization to operate under written contract with
  509         the department; providing contractual requirements;
  510         providing for the membership of and the appointment of
  511         directors to the board of directors of the direct
  512         support organization; requiring the direct-support
  513         organization, in conjunction with the Statewide
  514         Council on Human Trafficking, to form certain
  515         partnerships for specified purposes; authorizing the
  516         department to allow appropriate use of department
  517         property, facilities, and personnel by the direct
  518         support organization; providing requirements and
  519         conditions for such use of department property,
  520         facilities, and personnel by the direct-support
  521         organization; authorizing the direct-support
  522         organization to engage in certain activities for the
  523         direct or indirect benefit of the council; providing
  524         for moneys received by the direct-support
  525         organization; prohibiting certain persons and
  526         employees from receiving specified benefits as they
  527         relate to the council or the direct-support
  528         organization; authorizing the department to terminate
  529         its agreement with the direct-support organization if
  530         the department determines that the direct-support
  531         organization does not meet specified objectives;
  532         providing for future review and repeal by the
  533         Legislature; amending s. 480.043, F.S.; requiring a
  534         massage establishment to train certain employees and
  535         create certain policies relating to human trafficking
  536         by a specified date; providing requirements for such
  537         training; requiring the Board of Massage Therapy to
  538         take disciplinary action against a massage
  539         establishment for failure to comply with such
  540         requirements; providing that this section does not
  541         establish a private cause of action against a massage
  542         establishment under certain circumstances; creating s.
  543         509.096, F.S.; requiring a public lodging
  544         establishment to train certain employees and create
  545         certain policies relating to human trafficking by a
  546         specified date; providing requirements for such
  547         training; requiring the Division of Hotels and
  548         Restaurants of the Department of Business and
  549         Professional Regulation to take disciplinary action
  550         against a public lodging establishment for failure to
  551         comply with such requirements; providing that this
  552         section does not establish a private cause of action
  553         against a public lodging establishment under certain
  554         circumstances; amending s. 796.07, F.S.; requiring
  555         that the criminal history record of a person who is
  556         convicted of, or who enters a plea of guilty or nolo
  557         contendere to, soliciting, inducing, enticing, or
  558         procuring another to commit prostitution, lewdness, or
  559         assignation be added to the Soliciting for
  560         Prostitution Public Database; requiring the clerk of
  561         the court to forward the criminal history record of
  562         such persons to the Department of Law Enforcement for
  563         certain purposes; creating s. 943.0433, F.S.;
  564         requiring the Department of Law Enforcement to create
  565         and administer the Soliciting for Prostitution Public
  566         Database; requiring the department to add certain
  567         criminal history records to the database; requiring
  568         the department to automatically remove certain
  569         criminal history records from the database under
  570         certain circumstances; prohibiting the department from
  571         removing certain criminal history records from the
  572         database under certain circumstances; requiring the
  573         database to include specified information on
  574         offenders; requiring the department to adopt rules;
  575         amending s. 943.0583, F.S.; creating an exception to a
  576         prohibition that bars certain victims of human
  577         trafficking from petitioning for the expunction of a
  578         criminal history record for offenses committed while
  579         the person was a victim of human trafficking as part
  580         of the human trafficking scheme or at the direction of
  581         an operator of the scheme; creating s. 943.17297,
  582         F.S.; requiring each certified law enforcement officer
  583         to successfully complete training on identifying and
  584         investigating human trafficking before a certain date;
  585         requiring that the training be developed in
  586         consultation with specified entities; specifying that
  587         an officer’s certification shall be inactive if he or
  588         she fails to complete the required training until the
  589         employing agency notifies the Criminal Justice
  590         Standards and Training Commission that the officer has
  591         completed the training; providing effective dates.
  592  
  593         WHEREAS, the state of Florida is ranked third nationally
  594  for human trafficking abuses, and the Legislature recognizes
  595  that the crime of human trafficking is a gross violation of
  596  human rights, and has taken measures to raise awareness of the
  597  practices of human sex trafficking and of labor trafficking of
  598  children and adults in this state, and
  599         WHEREAS, the Legislature deems it critical to the health,
  600  safety, and welfare of the people in this state to prevent and
  601  deter human trafficking networks, and persons who would aid and
  602  abet these networks, from operating in this state, and
  603         WHEREAS, repeat offenses to aid and abet traffickers by way
  604  of recruitment or financial support, and clients of human
  605  trafficking networks who use physical violence, are a
  606  particularly extreme threat to public safety, and
  607         WHEREAS, repeat offenders are extremely likely to use
  608  violence and to repeat their offenses, and to commit many
  609  offenses with many victims, many of whom are never given
  610  justice, and these offenders are only prosecuted for a small
  611  fraction of their crimes, and
  612         WHEREAS, traffickers and clients of human trafficking
  613  networks often use hotels, motels, public lodging
  614  establishments, massage establishments, spas, or property rental
  615  sharing sites to acquire facilities wherein men, women, and
  616  children are coerced into performing sexual acts, which places
  617  the employees of these establishments in direct and frequent
  618  contact with victims of human trafficking, and
  619         WHEREAS, this state is in critical need of a coordinated
  620  and collaborative human trafficking law enforcement response to
  621  prepare for future large-scale events taking place in this
  622  state, and the Legislature finds that a statewide effort focused
  623  on law enforcement training, detection, and enforcement, with
  624  additional focus on the safe rehabilitation of survivors, will
  625  benefit such critical need, and
  626         WHEREAS, research from 2011 has demonstrated that a
  627  majority of human trafficker’s clients are not interviewed by
  628  law enforcement, despite having extensive knowledge of the
  629  traffickers and the traffickers’ practices, and are even used as
  630  recruiters for traffickers, and
  631         WHEREAS, human trafficker’s clients who were interviewed in
  632  the same 2011 research stated that they would think twice about
  633  purchasing sex from a victim of human trafficking if they were
  634  named on a public database, and
  635         WHEREAS, client and trafficker anonymity has allowed for
  636  trafficking networks to continue in the shadows, and the
  637  publication of client and trafficker identities would protect
  638  the public from potential harm and protect victims of
  639  trafficking from future harm, NOW, THEREFORE,