Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 540 Ì891934=Î891934 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/19/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Perry) recommended the following: 1 Senate Substitute for Amendment (494714) (with title 2 amendment) 3 4 Delete lines 64 - 109 5 and insert: 6 for employees of public lodging establishments; enforcement.— 7 (1) A public lodging establishment shall: 8 (a) Provide training regarding human trafficking awareness 9 to employees of the establishment who perform housekeeping 10 duties in the rental units or who work at the front desk or 11 reception area where guests ordinarily check-in or check-out. 12 Such training shall be provided within 6 months after employment 13 in that role, or by January 1, 2021, whichever occurs later. 14 Proof of such employee training shall be provided to the 15 division upon request. 16 (b) By January 1, 2021, implement a procedure for the 17 reporting of suspected human trafficking to the National Human 18 Trafficking Hotline or to a local law enforcement agency. 19 (c) By January 1, 2021, post in a conspicuous place in the 20 establishment accessible to employees a sign with the relevant 21 provisions of the reporting procedure provided for in paragraph 22 (b). 23 (2) The human trafficking awareness training required in 24 paragraph (1)(a) shall be submitted to and approved by the 25 division before the training is provided to employees and shall 26 include the following: 27 (a) The definition of human trafficking and the difference 28 between the two forms of human trafficking: sex trafficking and 29 labor trafficking. 30 (b) Guidance specific to the public lodging sector on how 31 to identify individuals who may be victims of human trafficking. 32 (c) Guidance on the role of the employees of a public 33 lodging establishment in reporting and responding to suspected 34 human trafficking. 35 (3) Pursuant to s. 509.261, the division may take 36 disciplinary action against a public lodging establishment that 37 has operated or is operating in violation of this section. 38 (4) This section does not establish a private cause of 39 action. A public lodging establishment shall not be liable for 40 any harm resulting from the failure of an employee to prevent, 41 detect, or report suspected human trafficking if the public 42 lodging establishment was in compliance with the requirements of 43 this section at the time of such harm. 44 Section 2. Section 787.08, Florida Statutes, is created to 45 read: 46 787.08 Direct-support organization.— 47 (1) The Department of Children and Families, in 48 consultation with the Department of Law Enforcement and the 49 Attorney General, shall establish a direct-support organization 50 that is: 51 (a) A Florida corporation, not for profit, incorporated 52 under chapter 617 and approved by the Secretary of State. 53 (b) Organized and operated exclusively to solicit funds; 54 request and receive grants, gifts, and bequests of money; 55 acquire, receive, hold, invest, and administer, in its own name, 56 property and funds; and make expenditures in support of the 57 purposes specified in this section. 58 (c) Certified by the department, after review, to be 59 operating in a manner consistent with the purposes of the 60 organization and in the best interests of the state. 61 (2) The direct-support organization shall focus on human 62 trafficking issues within the state by forming strategic 63 partnerships to foster the development of community and private 64 sector resources and serving as a liaison with state agencies, 65 other state governments, and the public and private sectors. 66 Additionally, the direct-support organization shall assist 67 agencies in creating training on the detection of human 68 trafficking and the best practices of intervention and treatment 69 for survivors of human trafficking. The direct-support 70 organization shall also provide resources for such training, and 71 strategize the funding of inpatient care for victims of human 72 trafficking in treatment centers throughout the state. 73 74 ================= T I T L E A M E N D M E N T ================ 75 And the title is amended as follows: 76 Delete lines 3 - 20 77 and insert: 78 509.096, F.S.; requiring a public lodging 79 establishment to train certain employees and create 80 certain policies relating to human trafficking by a 81 specified date; providing requirements for such 82 training; permitting the Division of Hotels and 83 Restaurants of the Department of Business and 84 Professional Regulation to take disciplinary action 85 against a public lodging establishment for failure to 86 comply with such requirements; providing that this 87 section does not establish a private cause of action 88 against a public lodging establishment; creating s. 89 787.08, F.S.; requiring the Department of Children and 90 Families, in consultation with the Department of Law 91 Enforcement and the Attorney General, to establish a 92 certain direct-support organization; providing 93 requirements for the direct-support organization; 94 requiring the direct-support organization to focus on 95 human trafficking issues by forming strategic 96 partnerships and serving as a liaison with specified 97 public and private sector partners; requiring the 98 direct-support organization to assist agencies in 99 creating training on certain topics; requiring the 100 direct-support organization to provide resources for 101 such training and strategize the funding of inpatient 102 care for victims of human trafficking in treatment 103 centers throughout the state; requiring the direct 104 support organization