Florida Senate - 2019                              CS for SB 540
       By the Committee on Criminal Justice; and Senator Book
       591-02472A-19                                          2019540c1
    1                        A bill to be entitled                      
    2         An act relating to human trafficking; creating s.
    3         509.096, F.S.; requiring a public lodging
    4         establishment to train certain employees and create
    5         certain policies relating to human trafficking by a
    6         specified date; providing requirements for such
    7         training; permitting the Division of Hotels and
    8         Restaurants of the Department of Business and
    9         Professional Regulation to take disciplinary action
   10         against a public lodging establishment for failure to
   11         comply with such requirements; providing that this
   12         section does not establish a private cause of action
   13         against a public lodging establishment; creating s.
   14         787.08, F.S.; requiring the Department of Children and
   15         Families, in consultation with the Department of Law
   16         Enforcement and the Attorney General, to establish a
   17         certain direct-support organization; providing
   18         requirements for the direct-support organization;
   19         requiring the direct-support organization to focus on
   20         human trafficking issues by forming strategic
   21         partnerships and serving as a liaison with specified
   22         public and private sector partners; requiring the
   23         direct-support organization to assist agencies in
   24         creating training on certain topics; requiring the
   25         direct-support organization to provide resources for
   26         such training and strategize the funding of inpatient
   27         care for victims of human trafficking in treatment
   28         centers throughout the state; requiring the direct
   29         support organization to operate under a written
   30         contract with the Department of Children and Families;
   31         providing contractual requirements; providing for the
   32         membership of and the appointment of directors to the
   33         board of the direct-support organization; providing
   34         for future review and repeal by the Legislature;
   35         amending s. 796.07, F.S.; requiring that the criminal
   36         history record of a person who is convicted of, or
   37         enters a plea of guilty or nolo contendere to,
   38         soliciting, inducing, enticing, or procuring another
   39         to commit prostitution, lewdness, or assignation be
   40         added to the Soliciting for Prostitution Registry;
   41         requiring the clerk of the court to forward the
   42         criminal history record of such persons to the
   43         Department of Law Enforcement for certain purposes;
   44         creating s. 943.0433, F.S.; requiring the Department
   45         of Law Enforcement to create and administer the
   46         Soliciting for Prostitution Registry; requiring the
   47         department to add certain criminal history records to
   48         the registry; requiring the department to adopt rules;
   49         amending s. 943.0583, F.S.; creating an exception to a
   50         prohibition that bars certain victims of human
   51         trafficking from petitioning for the expunction of a
   52         criminal history record for offenses committed while
   53         the person was a victim of human trafficking as part
   54         of the human trafficking scheme or at the direction of
   55         an operator of the scheme; creating s. 943.17297,
   56         F.S.; requiring each certified law enforcement officer
   57         to successfully complete training on identifying and
   58         investigating human trafficking before a certain date;
   59         requiring that the training be developed in
   60         consultation with specified entities; specifying that
   61         an officer’s certification shall be inactive if he or
   62         she fails to complete the required training until the
   63         employing agency notifies the Criminal Justice
   64         Standards and Training Commission that the officer has
   65         completed the training; providing an effective date.
   67  Be It Enacted by the Legislature of the State of Florida:
   69         Section 1. Section 509.096, Florida Statutes, is created to
   70  read:
   71         509.096 Human trafficking awareness training and policies
   72  for employees of public lodging establishments; enforcement.—
   73         (1) A public lodging establishment shall:
   74         (a) Provide training regarding human trafficking awareness
   75  to employees of the establishment who perform housekeeping
   76  duties in the rental units or who work at the front desk or
   77  reception area where guests ordinarily check-in or check-out.
   78  Such training shall be provided within 6 months after employment
   79  in that role, or by January 1, 2021, whichever occurs later.
   80  Proof of such employee training shall be provided to the
   81  division upon request.
   82         (b) By January 1, 2021, implement a procedure for the
   83  reporting of suspected human trafficking to the National Human
   84  Trafficking Hotline or to a local law enforcement agency.
   85         (c) By January 1, 2021, post in a conspicuous place in the
   86  establishment accessible to employees a sign with the relevant
   87  provisions of the reporting procedure provided for in paragraph
   88  (b).
   89         (2) The human trafficking awareness training required in
   90  paragraph (1)(a) shall be submitted to and approved by the
   91  division before the training is provided to employees and shall
   92  include the following:
   93         (a) The definition of human trafficking and the difference
   94  between the two forms of human trafficking: sex trafficking and
   95  labor trafficking.
   96         (b) Guidance specific to the public lodging sector on how
   97  to identify individuals who may be victims of human trafficking.
   98         (c) Guidance on the role of the employees of a public
   99  lodging establishment in reporting and responding to suspected
  100  human trafficking.
  101         (3) Pursuant to s. 509.261, the division may take
  102  disciplinary action against a public lodging establishment that
  103  has operated or is operating in violation of this section.
  104         (4) This section does not establish a private cause of
  105  action. A public lodging establishment shall not be liable for
  106  any harm resulting from the failure of an employee to prevent,
  107  detect, or report suspected human trafficking if the public
  108  lodging establishment was in compliance with the requirements of
  109  this section at the time of such harm.
  110         Section 2. Section 787.08, Florida Statutes, is created to
  111  read:
  112         787.08 Direct-support organization.—
  113         (1) The Department of Children and Families, in
  114  consultation with the Department of Law Enforcement and the
  115  Attorney General, shall establish a direct-support organization
  116  that is:
  117         (a) A Florida corporation, not for profit, incorporated
  118  under chapter 617, and approved by the Secretary of State.
  119         (b) Organized and operated exclusively to solicit funds;
  120  request and receive grants, gifts, and bequests of money;
  121  acquire, receive, hold, invest, and administer, in its own name,
  122  property and funds; and make expenditures in support of the
  123  purposes specified in this section.
  124         (c) Certified by the department, after review, to be
  125  operating in a manner consistent with the purposes of the
  126  organization and in the best interests of the state.
  127         (2) The direct-support organization shall focus on human
  128  trafficking issues within the state by forming strategic
  129  partnerships to foster the development of community and private
  130  sector resources and serving as a liaison with state agencies,
  131  other state governments, and the public and private sectors.
  132  Additionally, the direct-support organization shall assist
  133  agencies in creating training on the detection of human
  134  trafficking and the best practices of intervention and treatment
  135  for survivors of human trafficking. The direct-support
  136  organization shall also provide resources for such training, and
  137  strategize the funding of inpatient care for victims of human
  138  trafficking in treatment centers throughout the state.
  139         (3) The direct-support organization shall operate under
  140  written contract with the Department of Children and Families.
  141  The contract must provide for:
  142         (a) Approval of the articles of incorporation and bylaws of
  143  the direct-support organization by the department.
  144         (b) Submission of an annual budget for approval by the
  145  department.
  146         (c) Annual certification by the department that the direct
  147  support organization is complying with the terms of the contract
  148  and operating in a manner consistent with the purposes of the
  149  organization and in the best interests of the state.
  150         (d) Reversion to the Florida Council Against Sexual
  151  Violence of moneys and property held in trust by the direct
  152  support organization to provide services for victims of sexual
  153  violence if the direct-support organization is no longer
  154  approved to operate or ceases to exist.
  155         (e) Disclosure of the material provisions of the contract
  156  and the distinction between the board of directors and the
  157  direct-support organization to donors of gifts, contributions,
  158  or bequests, which disclosures must be included in all
  159  promotional and fundraising publications.
  160         (f) An annual financial audit in accordance with s.
  161  215.981.
  162         (g) Establishment of the fiscal year of the direct-support
  163  organization as beginning on July 1 of each year and ending on
  164  June 30 of the following year.
  165         (h) Appointment of the board of directors, pursuant to this
  166  section.
  167         (i) Authority of the board of directors of the direct
  168  support organization to hire an executive director.
  169         (4) The board of directors of the direct-support
  170  organization consists of 13 members. Each member of the board of
  171  directors must be appointed to a 4-year term; however, for the
  172  purpose of providing staggered terms, the Speaker of the House
  173  of Representatives and the President of the Senate shall each
  174  initially appoint two members to serve a 2-year term, and the
  175  executive director of the Department of Law Enforcement and the
  176  Attorney General shall each initially appoint one member to
  177  serve a 2-year term. All subsequent appointments must be for 4
  178  year terms. Any vacancy that occurs must be filled in the same
  179  manner as the original appointment for the unexpired term of
  180  that seat. The board of directors is appointed as follows:
  181         (a) Two members with a law enforcement background who have
  182  knowledge in the area of human trafficking, appointed by the
  183  executive director of the Department of Law Enforcement.
  184         (b) Three members appointed by the Attorney General.
  185         (c) Four members appointed by the Speaker of the House of
  186  Representatives.
  187         (d) Four members appointed by the President of the Senate.
  188         (5) This section is repealed October 1, 2024, unless
  189  reviewed and saved from repeal by the Legislature.
  190         Section 3. Subsection (5) of section 796.07, Florida
  191  Statutes, is amended, and subsection (2) of that section is
  192  republished, to read:
  193         796.07 Prohibiting prostitution and related acts.—
  194         (2) It is unlawful:
  195         (a) To own, establish, maintain, or operate any place,
  196  structure, building, or conveyance for the purpose of lewdness,
  197  assignation, or prostitution.
  198         (b) To offer, or to offer or agree to secure, another for
  199  the purpose of prostitution or for any other lewd or indecent
  200  act.
  201         (c) To receive, or to offer or agree to receive, any person
  202  into any place, structure, building, or conveyance for the
  203  purpose of prostitution, lewdness, or assignation, or to permit
  204  any person to remain there for such purpose.
  205         (d) To direct, take, or transport, or to offer or agree to
  206  direct, take, or transport, any person to any place, structure,
  207  or building, or to any other person, with knowledge or
  208  reasonable cause to believe that the purpose of such directing,
  209  taking, or transporting is prostitution, lewdness, or
  210  assignation.
  211         (e) For a person 18 years of age or older to offer to
  212  commit, or to commit, or to engage in, prostitution, lewdness,
  213  or assignation.
  214         (f) To solicit, induce, entice, or procure another to
  215  commit prostitution, lewdness, or assignation.
  216         (g) To reside in, enter, or remain in, any place,
  217  structure, or building, or to enter or remain in any conveyance,
  218  for the purpose of prostitution, lewdness, or assignation.
  219         (h) To aid, abet, or participate in any of the acts or
  220  things enumerated in this subsection.
  221         (i) To purchase the services of any person engaged in
  222  prostitution.
  223         (5)(a) A person who violates paragraph (2)(f) commits:
  224         1. A misdemeanor of the first degree for a first violation,
  225  punishable as provided in s. 775.082 or s. 775.083.
  226         2. A felony of the third degree for a second violation,
  227  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  228         3. A felony of the second degree for a third or subsequent
  229  violation, punishable as provided in s. 775.082, s. 775.083, or
  230  s. 775.084.
  231         (b) In addition to any other penalty imposed, the court
  232  shall order a person convicted of a violation of paragraph
  233  (2)(f) to:
  234         1. Perform 100 hours of community service; and
  235         2. Pay for and attend an educational program about the
  236  negative effects of prostitution and human trafficking, such as
  237  a sexual violence prevention education program, including such
  238  programs offered by faith-based providers, if such programs
  239  exist in the judicial circuit in which the offender is
  240  sentenced.
  241         (c) In addition to any other penalty imposed, the court
  242  shall sentence a person convicted of a second or subsequent
  243  violation of paragraph (2)(f) to a minimum mandatory period of
  244  incarceration of 10 days.
  245         (d)1. If a person who violates paragraph (2)(f) uses a
  246  vehicle in the course of the violation, the judge, upon the
  247  person’s conviction, may issue an order for the impoundment or
  248  immobilization of the vehicle for a period of up to 60 days. The
  249  order of impoundment or immobilization must include the names
  250  and telephone numbers of all immobilization agencies meeting all
  251  of the conditions of s. 316.193(13). Within 7 business days
  252  after the date that the court issues the order of impoundment or
  253  immobilization, the clerk of the court must send notice by
  254  certified mail, return receipt requested, to the registered
  255  owner of the vehicle, if the registered owner is a person other
  256  than the defendant, and to each person of record claiming a lien
  257  against the vehicle.
  258         2. The owner of the vehicle may request the court to
  259  dismiss the order. The court must dismiss the order, and the
  260  owner of the vehicle will incur no costs, if the owner of the
  261  vehicle alleges and the court finds to be true any of the
  262  following:
  263         a. The owner’s family has no other private or public means
  264  of transportation;
  265         b. The vehicle was stolen at the time of the offense;
  266         c. The owner purchased the vehicle after the offense was
  267  committed, and the sale was not made to circumvent the order and
  268  allow the defendant continued access to the vehicle; or
  269         d. The vehicle is owned by the defendant but is operated
  270  solely by employees of the defendant or employees of a business
  271  owned by the defendant.
  272         3. If the court denies the request to dismiss the order,
  273  the petitioner may request an evidentiary hearing. If, at the
  274  evidentiary hearing, the court finds to be true any of the
  275  circumstances described in sub-subparagraphs (d)2.a.-d., the
  276  court must dismiss the order and the owner of the vehicle will
  277  incur no costs.
  278         (e) The criminal history record of a person who violates
  279  paragraph (2)(f) and is found guilty as a result of a trial or
  280  enters a plea of guilty or nolo contendere, regardless of
  281  whether adjudication is withheld, must be added to the
  282  Soliciting for Prostitution Registry. Upon the person’s
  283  conviction, the clerk of the court shall forward the criminal
  284  history record of the convicted person to the Department of Law
  285  Enforcement for inclusion in the Soliciting for Prostitution
  286  Registry.
  287         Section 4. Section 943.0433, Florida Statutes, is created
  288  to read:
  289         943.0433Soliciting for Prostitution Registry.—
  290         (1) The department shall create and administer the
  291  Soliciting for Prostitution Registry. The clerk of the court
  292  shall forward to the department the criminal history record of a
  293  person in accordance with s. 796.07(5)(e), and the department
  294  must add the criminal history record to the registry.
  295         (2) The department shall adopt rules to administer this
  296  section.
  297         Section 5. Subsection (3) of section 943.0583, Florida
  298  Statutes, is amended to read:
  299         943.0583 Human trafficking victim expunction.—
  300         (3) A person who is a victim of human trafficking may
  301  petition for the expunction of a criminal history record
  302  resulting from the arrest or filing of charges for an offense
  303  committed or reported to have been committed while the person
  304  was a victim of human trafficking, which offense was committed
  305  or reported to have been committed as a part of the human
  306  trafficking scheme of which the person was a victim or at the
  307  direction of an operator of the scheme, including, but not
  308  limited to, violations under chapters 796 and 847, without
  309  regard to the disposition of the arrest or of any charges.
  310  However, this section does not apply to any offense listed in s.
  311  775.084(1)(b)1., except for kidnapping. Determination of the
  312  petition under this section should be by a preponderance of the
  313  evidence. A conviction expunged under this section is deemed to
  314  have been vacated due to a substantive defect in the underlying
  315  criminal proceedings. If a person is adjudicated not guilty by
  316  reason of insanity or is found to be incompetent to stand trial
  317  for any such charge, the expunction of the criminal history
  318  record may not prevent the entry of the judgment or finding in
  319  state and national databases for use in determining eligibility
  320  to purchase or possess a firearm or to carry a concealed
  321  firearm, as authorized in s. 790.065(2)(a)4.c. and 18 U.S.C. s.
  322  922(t), nor shall it prevent any governmental agency that is
  323  authorized by state or federal law to determine eligibility to
  324  purchase or possess a firearm or to carry a concealed firearm
  325  from accessing or using the record of the judgment or finding in
  326  the course of such agency’s official duties.
  327         Section 6. Section 943.17297, Florida Statutes, is created
  328  to read:
  329         943.17297 Training in identifying and investigating human
  330  trafficking.—Each certified law enforcement officer must
  331  successfully complete four hours of training on identifying and
  332  investigating human trafficking as a part of the basic recruit
  333  training of the officer required in s. 943.13(9) or continuing
  334  education under s. 943.135(1) before July 1, 2022. The training
  335  must be developed by the commission in consultation with the
  336  Department of Children and Families and the Statewide Council on
  337  Human Trafficking. If an officer fails to complete the required
  338  training, his or her certification shall be inactive until the
  339  employing agency notifies the commission that the officer has
  340  completed the training.
  341         Section 7. This act shall take effect July 1, 2019.