Florida Senate - 2019 SB 540
By Senator Book
32-00086B-19 2019540__
1 A bill to be entitled
2 An act relating to human trafficking; creating s.
3 509.096, F.S.; requiring the owner or operator of a
4 public lodging establishment to train certain
5 employees and create certain policies relating to
6 human trafficking by a specified date; requiring the
7 Division of Hotels and Restaurants of the Department
8 of Business and Professional Regulation to impose
9 fines on public lodging establishments for failure to
10 comply with such requirements; creating s. 787.08,
11 F.S.; requiring the Department of Children and
12 Families, in consultation with the Department of Law
13 Enforcement and the Attorney General, to establish a
14 certain direct-support organization; providing
15 requirements for the direct-support organization;
16 requiring the direct-support organization to form
17 strategic partnerships and to serve as a liaison with
18 public and private sector partners in funding the
19 provision of inpatient care to victims of human
20 trafficking; requiring the direct-support organization
21 to operate under a written contract with the
22 Department of Children and Families; providing
23 contractual requirements; providing for the membership
24 of and the appointment of directors to the board of
25 the direct-support organization; providing for future
26 review and repeal by the Legislature; amending s.
27 796.07, F.S.; requiring that the criminal history
28 record of a person who is convicted of, or enters a
29 plea of guilty or nolo contendere to, soliciting,
30 inducing, enticing, or procuring another to commit
31 prostitution, lewdness, or assignation be added to the
32 Soliciting for Prostitution Registry; requiring the
33 clerk of the court to forward the criminal history
34 record of such persons to the Department of Law
35 Enforcement for certain purposes; creating s.
36 943.0433, F.S.; requiring the Department of Law
37 Enforcement to create and administer the Soliciting
38 for Prostitution Registry; requiring the department to
39 add certain criminal history records to the registry;
40 requiring the department to adopt rules; amending s.
41 943.0583, F.S.; creating an exception to a prohibition
42 that bars certain victims of human trafficking from
43 petitioning for the expunction of a criminal history
44 record for offenses committed while the person was a
45 victim of human trafficking as part of the human
46 trafficking scheme or at the direction of an operator
47 of the scheme; creating s. 943.17297, F.S.; requiring
48 each certified law enforcement officer to successfully
49 complete training on identifying and investigating
50 human trafficking before a certain date; requiring
51 that the training be developed in consultation with
52 specified entities; specifying that an officer’s
53 certification shall be inactive if he or she fails to
54 complete the required training until the employing
55 agency notifies the Criminal Justice Standards and
56 Training Commission that the officer has completed the
57 training; providing an effective date.
58
59 Be It Enacted by the Legislature of the State of Florida:
60
61 Section 1. Section 509.096, Florida Statutes, is created to
62 read:
63 509.096 Human trafficking awareness training and policies
64 for employees of public lodging establishment; penalties.—
65 (1) An owner or operator of a public lodging establishment
66 shall do both of the following:
67 (a) Within 30 days after such employees are hired, or by
68 January 1, 2020, whichever occurs later, require managing
69 employees and employees of the establishment who are reasonably
70 expected to routinely interact with guests to complete an
71 educational program designed to effectively train them in the
72 identification, prevention, and reporting of suspected human
73 trafficking.
74 (b) By January 1, 2020, implement an effective employee
75 protocol or employee code of conduct to prevent, detect, and
76 report suspected human trafficking.
77 (2) The division shall impose an administrative fine of up
78 to $1,000 per day on a public lodging establishment for the
79 following violations:
80 (a) The administrative fine must be assessed up to the
81 maximum amount per day for each employee of the public lodging
82 establishment who does not meet the educational program
83 requirements of this section.
84 (b) The administrative fine must be assessed up to the
85 maximum amount per day for each day the public lodging
86 establishment fails to comply with paragraph (1)(b).
87 Section 2. Section 787.08, Florida Statutes, is created to
88 read:
89 787.08 Direct-support organization.—
90 (1) The Department of Children and Families, in
91 consultation with the Department of Law Enforcement and the
92 Attorney General, shall establish a direct-support organization
93 that is:
94 (a) A Florida corporation, not for profit, incorporated
95 under chapter 617 and approved by the Secretary of State.
96 (b) Organized and operated exclusively to solicit funds;
97 request and receive grants, gifts, and bequests of money;
98 acquire, receive, hold, invest, and administer, in its own name,
99 property and funds; and make expenditures in support of the
100 purposes specified in this section.
101 (c) Certified by the department, after review, to be
102 operating in a manner consistent with the purposes of the
103 organization and in the best interests of the state.
104 (2) The direct-support organization shall form strategic
105 partnerships to foster the development of community and private
106 sector resources and shall serve as a liaison with state
107 agencies, other state governments, and the public and private
108 sectors in funding the provision of inpatient care to victims of
109 human trafficking in treatment centers throughout the state.
110 (3) The direct-support organization shall operate under
111 written contract with the Department of Children and Families.
112 The contract must provide for:
113 (a) Approval of the articles of incorporation and bylaws of
114 the direct-support organization by the department.
115 (b) Submission of an annual budget for approval by the
116 department.
117 (c) Annual certification by the department that the direct
118 support organization is complying with the terms of the contract
119 and operating in a manner consistent with the purposes of the
120 organization and in the best interests of the state.
121 (d) Reversion to the Florida Council Against Sexual
122 Violence of moneys and property held in trust by the direct
123 support organization to provide services for victims of sexual
124 violence if the direct-support organization is no longer
125 approved to operate or ceases to exist.
126 (e) Disclosure of the material provisions of the contract
127 and the distinction between the board of directors and the
128 direct-support organization to donors of gifts, contributions,
129 or bequests, which disclosures must be included in all
130 promotional and fundraising publications.
131 (f) An annual financial audit in accordance with s.
132 215.981.
133 (g) Establishment of the fiscal year of the direct-support
134 organization as beginning on July 1 of each year and ending on
135 June 30 of the following year.
136 (h) Appointment of the board of directors, pursuant to this
137 section.
138 (i) Authority of the board of directors of the direct
139 support organization to hire an executive director.
140 (4) The board of directors of the direct-support
141 organization consists of 13 members. Each member of the board of
142 directors must be appointed to a 4-year term; however, for the
143 purpose of providing staggered terms, the Speaker of the House
144 of Representatives and the President of the Senate shall each
145 initially appoint two members to serve a 2-year term, and the
146 executive director of the Department of Law Enforcement and the
147 Attorney General shall each initially appoint one member to
148 serve a 2-year term. All subsequent appointments must be for 4
149 year terms. Any vacancy that occurs must be filled in the same
150 manner as the original appointment for the unexpired term of
151 that seat. The board of directors is appointed as follows:
152 (a) Two members with a law enforcement background who have
153 knowledge in the area of human trafficking, appointed by the
154 executive director of the Department of Law Enforcement.
155 (b) Three members appointed by the Attorney General.
156 (c) Four members appointed by the Speaker of the House of
157 Representatives.
158 (d) Four members appointed by the President of the Senate.
159 (5) This section is repealed October 1, 2024, unless
160 reviewed and saved from repeal by the Legislature.
161 Section 3. Subsection (5) of section 796.07, Florida
162 Statutes, is amended, and subsection (2) of that section is
163 republished, to read:
164 796.07 Prohibiting prostitution and related acts.—
165 (2) It is unlawful:
166 (a) To own, establish, maintain, or operate any place,
167 structure, building, or conveyance for the purpose of lewdness,
168 assignation, or prostitution.
169 (b) To offer, or to offer or agree to secure, another for
170 the purpose of prostitution or for any other lewd or indecent
171 act.
172 (c) To receive, or to offer or agree to receive, any person
173 into any place, structure, building, or conveyance for the
174 purpose of prostitution, lewdness, or assignation, or to permit
175 any person to remain there for such purpose.
176 (d) To direct, take, or transport, or to offer or agree to
177 direct, take, or transport, any person to any place, structure,
178 or building, or to any other person, with knowledge or
179 reasonable cause to believe that the purpose of such directing,
180 taking, or transporting is prostitution, lewdness, or
181 assignation.
182 (e) For a person 18 years of age or older to offer to
183 commit, or to commit, or to engage in, prostitution, lewdness,
184 or assignation.
185 (f) To solicit, induce, entice, or procure another to
186 commit prostitution, lewdness, or assignation.
187 (g) To reside in, enter, or remain in, any place,
188 structure, or building, or to enter or remain in any conveyance,
189 for the purpose of prostitution, lewdness, or assignation.
190 (h) To aid, abet, or participate in any of the acts or
191 things enumerated in this subsection.
192 (i) To purchase the services of any person engaged in
193 prostitution.
194 (5)(a) A person who violates paragraph (2)(f) commits:
195 1. A misdemeanor of the first degree for a first violation,
196 punishable as provided in s. 775.082 or s. 775.083.
197 2. A felony of the third degree for a second violation,
198 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
199 3. A felony of the second degree for a third or subsequent
200 violation, punishable as provided in s. 775.082, s. 775.083, or
201 s. 775.084.
202 (b) In addition to any other penalty imposed, the court
203 shall order a person convicted of a violation of paragraph
204 (2)(f) to:
205 1. Perform 100 hours of community service; and
206 2. Pay for and attend an educational program about the
207 negative effects of prostitution and human trafficking, such as
208 a sexual violence prevention education program, including such
209 programs offered by faith-based providers, if such programs
210 exist in the judicial circuit in which the offender is
211 sentenced.
212 (c) In addition to any other penalty imposed, the court
213 shall sentence a person convicted of a second or subsequent
214 violation of paragraph (2)(f) to a minimum mandatory period of
215 incarceration of 10 days.
216 (d)1. If a person who violates paragraph (2)(f) uses a
217 vehicle in the course of the violation, the judge, upon the
218 person’s conviction, may issue an order for the impoundment or
219 immobilization of the vehicle for a period of up to 60 days. The
220 order of impoundment or immobilization must include the names
221 and telephone numbers of all immobilization agencies meeting all
222 of the conditions of s. 316.193(13). Within 7 business days
223 after the date that the court issues the order of impoundment or
224 immobilization, the clerk of the court must send notice by
225 certified mail, return receipt requested, to the registered
226 owner of the vehicle, if the registered owner is a person other
227 than the defendant, and to each person of record claiming a lien
228 against the vehicle.
229 2. The owner of the vehicle may request the court to
230 dismiss the order. The court must dismiss the order, and the
231 owner of the vehicle will incur no costs, if the owner of the
232 vehicle alleges and the court finds to be true any of the
233 following:
234 a. The owner’s family has no other private or public means
235 of transportation;
236 b. The vehicle was stolen at the time of the offense;
237 c. The owner purchased the vehicle after the offense was
238 committed, and the sale was not made to circumvent the order and
239 allow the defendant continued access to the vehicle; or
240 d. The vehicle is owned by the defendant but is operated
241 solely by employees of the defendant or employees of a business
242 owned by the defendant.
243 3. If the court denies the request to dismiss the order,
244 the petitioner may request an evidentiary hearing. If, at the
245 evidentiary hearing, the court finds to be true any of the
246 circumstances described in sub-subparagraphs (d)2.a.-d., the
247 court must dismiss the order and the owner of the vehicle will
248 incur no costs.
249 (e) The criminal history record of a person who violates
250 paragraph (2)(f) and is found guilty as a result of a trial or
251 enters a plea of guilty or nolo contendere, regardless of
252 whether adjudication is withheld, must be added to the
253 Soliciting for Prostitution Registry. Upon the person’s
254 conviction, the clerk of the court shall forward the criminal
255 history record of the convicted person to the Department of Law
256 Enforcement for inclusion in the Soliciting for Prostitution
257 Registry.
258 Section 4. Section 943.0433, Florida Statutes, is created
259 to read:
260 943.0433 Soliciting for Prostitution Registry.—
261 (1) The department shall create and administer the
262 Soliciting for Prostitution Registry. The clerk of the court
263 shall forward to the department the criminal history record of a
264 person in accordance with s. 796.07(5)(e), and the department
265 must add the criminal history record to the registry.
266 (2) The department shall adopt rules to administer this
267 section.
268 Section 5. Subsection (3) of section 943.0583, Florida
269 Statutes, is amended to read:
270 943.0583 Human trafficking victim expunction.—
271 (3) A person who is a victim of human trafficking may
272 petition for the expunction of a criminal history record
273 resulting from the arrest or filing of charges for an offense
274 committed or reported to have been committed while the person
275 was a victim of human trafficking, which offense was committed
276 or reported to have been committed as a part of the human
277 trafficking scheme of which the person was a victim or at the
278 direction of an operator of the scheme, including, but not
279 limited to, violations under chapters 796 and 847, without
280 regard to the disposition of the arrest or of any charges.
281 However, this section does not apply to any offense listed in s.
282 775.084(1)(b)1., except for kidnapping. Determination of the
283 petition under this section should be by a preponderance of the
284 evidence. A conviction expunged under this section is deemed to
285 have been vacated due to a substantive defect in the underlying
286 criminal proceedings. If a person is adjudicated not guilty by
287 reason of insanity or is found to be incompetent to stand trial
288 for any such charge, the expunction of the criminal history
289 record may not prevent the entry of the judgment or finding in
290 state and national databases for use in determining eligibility
291 to purchase or possess a firearm or to carry a concealed
292 firearm, as authorized in s. 790.065(2)(a)4.c. and 18 U.S.C. s.
293 922(t), nor shall it prevent any governmental agency that is
294 authorized by state or federal law to determine eligibility to
295 purchase or possess a firearm or to carry a concealed firearm
296 from accessing or using the record of the judgment or finding in
297 the course of such agency’s official duties.
298 Section 6. Section 943.17297, Florida Statutes, is created
299 to read:
300 943.17297 Training in identifying and investigating human
301 trafficking.—Each certified law enforcement officer must
302 successfully complete training on identifying and investigating
303 human trafficking as a part of the basic recruit training of the
304 officer required in s. 943.13(9) or continuing education under
305 s. 943.135(1) before July 1, 2022. The training must be
306 developed in consultation with the Department of Children and
307 Families and the Statewide Council on Human Trafficking. If an
308 officer fails to complete the required training, his or her
309 certification shall be inactive until the employing agency
310 notifies the commission that the officer has completed the
311 training.
312 Section 7. This act shall take effect July 1, 2019.