Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 851, 1st Eng.
       
       
       
       
       
       
                                Ì143836:Î143836                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             05/02/2019 12:13 PM       .                                
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       Senator Book moved 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 13 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 appointees of
   56  the President of the Senate and the appointees of the Speaker of
   57  the House of Representatives shall each initially be appointed
   58  to 2-year terms, and the Attorney General shall initially
   59  appoint 2 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)Two members appointed by the executive director of the
   65  Department of Law Enforcement, both of whom must have law
   66  enforcement backgrounds with experience and knowledge in the
   67  area of human trafficking.
   68         (b)Three members appointed by the Attorney General, one of
   69  whom must be a survivor of human trafficking and one of whom
   70  must be a mental health expert.
   71         (c)Four members appointed by the President of the Senate.
   72         (d)Four members appointed by the Speaker of the House of
   73  Representatives.
   74         (4)(a)The direct-support organization shall contract with
   75  the Florida Forensic Institute for Research, Security, and
   76  Tactics to develop the training and information as required by
   77  this subsection.
   78         1.The contract with the institute must provide that the
   79  direct-support organization may terminate the contract if the
   80  institute fails to meet its obligations under this subsection.
   81         2.If the institute ceases to exist, or if the contract
   82  between the direct-support organization and the institute is
   83  terminated, the department shall contract with another
   84  organization in order to develop the training and information as
   85  required by this subsection.
   86         (b)Recognizing that this state hosts large-scale events,
   87  including sporting events, concerts, and cultural events, which
   88  generate significant tourism to this state, produce significant
   89  economic revenue, and often are conduits for human trafficking,
   90  the institute must develop training that is ready for statewide
   91  dissemination by not later than October 1, 2019.
   92         1.Training must focus on detecting human trafficking, best
   93  practices for reporting human trafficking, and the interventions
   94  and treatment for survivors of human trafficking.
   95         2.In developing the training, the institute shall consult
   96  with law enforcement agencies, survivors of human trafficking,
   97  industry representatives, tourism representatives, and other
   98  interested parties. The institute also must conduct research to
   99  determine the reduction in recidivism attributable to the
  100  education of the harms of human trafficking for first-time
  101  offenders.
  102         (c)The institute shall serve as a repository of
  103  information on human trafficking and training materials and
  104  resources to recognize and prevent human trafficking.
  105         (d)The human trafficking task force in each circuit,
  106  pursuant to s. 409.1754(4), shall coordinate on an ongoing basis
  107  with the institute, at least every 6 months, to update training
  108  and information on best practices to combat human trafficking.
  109         (e)Sheriffs’ offices and local law enforcement agencies
  110  may coordinate with the institute to receive updated training
  111  and information on best practices.
  112         (5)In conjunction with the Statewide Council on Human
  113  Trafficking, and funded exclusively by the direct-support
  114  organization, the direct-support organization shall form
  115  strategic partnerships to foster the development of community
  116  and private sector resources to advance the goals of the
  117  council.
  118         (6) The direct-support organization shall consider the
  119  participation of counties and municipalities in this state which
  120  demonstrate a willingness to participate and an ability to be
  121  successful in any programs funded by the direct-support
  122  organization.
  123         (7)(a)The department may authorize the appropriate use
  124  without charge, of the department’s property, facilities, and
  125  personnel by the direct-support organization. The use must be
  126  for the approved purposes of the direct-support organization and
  127  may not be made at times or places that would unreasonably
  128  interfere with opportunities for the general public to use
  129  departmental facilities.
  130         (b)The department shall prescribe by agreement conditions
  131  with which the direct-support organization must comply in order
  132  to use department property, facilities, or personnel. Such
  133  conditions must provide for budget and audit review and
  134  oversight by the department.
  135         (c)The department may not authorize the use of property,
  136  facilities, or personnel of the council, department, or
  137  designated program by the direct-support organization which does
  138  not provide equal employment opportunities to all persons
  139  regardless of race, color, religion, sex, age, or national
  140  origin.
  141         (8)(a)The direct-support organization may conduct programs
  142  and activities; raise funds; request and receive grants, gifts,
  143  and bequests of money; acquire, receive, hold, invest, and
  144  administer, in its own name, securities, funds, objects of
  145  value, or other property, real or personal; and make
  146  expenditures to or for the direct or indirect benefit of the
  147  council or designated program.
  148         (b)Notwithstanding s. 287.025(1)(e), the direct-support
  149  organization may enter into contracts to insure the property of
  150  the council or designated programs and may insure objects or
  151  collections on loan from other entities in satisfying security
  152  terms of the lender.
  153         (9)A departmental employee, a direct-support organization
  154  or council employee, a volunteer, or a director or a designated
  155  program may not:
  156         (a)Receive a commission, fee, or financial benefit in
  157  connection with serving on the council; or
  158         (b)Be a business associate of any individual, firm, or
  159  organization involved in the sale or the exchange of real or
  160  personal property to the direct-support organization, the
  161  council, or a designated program.
  162         (10)All moneys received by the direct-support organization
  163  shall be deposited into an account of the direct-support
  164  organization and shall be used in a manner consistent with the
  165  goals of the council or designated program.
  166         (11)The department may terminate its agreement with the
  167  direct-support organization at any time if the department
  168  determines that the direct-support organization does not meet
  169  the objectives of this section.
  170         (12) This section is repealed October 1, 2024, unless
  171  reviewed and saved from repeal by the Legislature.
  172         Section 2. Section 456.0341, Florida Statutes, is created
  173  to read:
  174         456.0341 Requirements for instruction on human
  175  trafficking.—The requirements of this section apply to each
  176  person licensed or certified under chapter 457; chapter 458;
  177  chapter 459; chapter 460; chapter 461; chapter 463; part I of
  178  chapter 464; chapter 465; chapter 466; part II, part III, part
  179  V, or part X of chapter 468; chapter 477; chapter 480; or
  180  chapter 486.
  181         (1)By January 1, 2021, the appropriate board shall require
  182  each licensee or certificateholder to complete a continuing
  183  education course that addresses human trafficking awareness and
  184  is approved by the board and supported by a national anti-human
  185  trafficking awareness organization.
  186         (2)The course must be provided within the current
  187  requirement for continuing education hours, rather than in
  188  addition to the current requirement. The course must include all
  189  of the following:
  190         (a)The definition of human trafficking and the difference
  191  between the two forms of human trafficking, sex trafficking and
  192  labor trafficking.
  193         (b)Guidance specific to the respective health care
  194  professions on how to identify individuals who may be victims of
  195  human trafficking.
  196         (c)Guidance concerning the role of health care
  197  professionals in reporting and responding to suspected human
  198  trafficking.
  199         (d)The course must consist of estimates of information on
  200  the number of clients in that professional practice who are
  201  likely to be the victims of human trafficking and instruction on
  202  how to provide such clients with information on how to obtain
  203  available resources and assistance.
  204         (3)By January 1, 2020, the licensees or certificateholders
  205  subject to this section shall post in their workplace, in a
  206  conspicuous location that is accessible to employees and to the
  207  public, a human trafficking public awareness sign at least 11
  208  inches by 15 inches in size, printed in an easily legible font
  209  and in at least 32-point type, which states in English and
  210  Spanish and any other language predominantly spoken in that area
  211  which the board deems appropriate substantially the following:
  212  
  213  “If you or someone you know is being forced to engage in an
  214  activity and cannot leave, whether it is prostitution,
  215  housework, farm work, factory work, retail work, restaurant
  216  work, or any other activity, call the National Human Trafficking
  217  Resource Center at 888-373-7888 or text INFO or HELP to 233-733
  218  to access help and services. Victims of slavery and human
  219  trafficking are protected under United States and Florida law.
  220         Section 3. Subsections (10) and (11) are added to section
  221  480.033, Florida Statutes, to read:
  222         480.033 Definitions.—As used in this act:
  223         (10)“Establishment owner” means a person who has ownership
  224  interest in a massage establishment. The term includes an
  225  individual who holds a massage establishment license, a general
  226  partner of a partnership, an owner or officer of a corporation,
  227  and a member of a limited liability company and its subsidiaries
  228  who holds a massage establishment license.
  229         (11)“Designated establishment manager” means a massage
  230  therapist who holds a clear and active license without
  231  restriction, who is responsible for the operation of a massage
  232  establishment in accordance with the provisions of this chapter,
  233  and who is designated the manager by the rules or practices at
  234  the establishment.
  235         Section 4. Section 480.043, Florida Statutes, is amended to
  236  read:
  237         480.043 Massage establishments; requisites; licensure;
  238  inspection; human trafficking awareness training and policies;
  239  continuing education requirement.—
  240         (1) A No massage establishment may not shall be allowed to
  241  operate without a license granted by the department in
  242  accordance with rules adopted by the board.
  243         (2) Establishment owners A person who has an ownership
  244  interest in an establishment shall submit to the background
  245  screening requirements under s. 456.0135. However, if a
  246  corporation submits proof of having more than $250,000 of
  247  business assets in this state, the department shall require the
  248  owner and the designated establishment manager to comply with
  249  the background screening requirements under s. 456.0135,
  250  officer, or individual directly involved in the management of
  251  the establishment to submit to the background screening
  252  requirements of s. 456.0135. The board department may adopt
  253  rules regarding the type of proof that may be submitted by a
  254  corporation.
  255         (3) The board shall adopt rules governing the operation of
  256  establishments and their facilities, personnel, safety and
  257  sanitary requirements, financial responsibility, insurance
  258  coverage, and the license application and granting process.
  259         (4) Any person, firm, or corporation desiring to operate a
  260  massage establishment in the state shall submit to the
  261  department an application, upon forms provided by the
  262  department, accompanied by any information requested by the
  263  department and an application fee.
  264         (5) Upon receiving the application, the department may
  265  cause an investigation to be made of the proposed massage
  266  establishment.
  267         (6) If, based upon the application and any necessary
  268  investigation, the department determines that the proposed
  269  establishment would fail to meet the standards adopted by the
  270  board under subsection (3), the department shall deny the
  271  application for license. Such denial shall be in writing and
  272  shall list the reasons for denial. Upon correction of any
  273  deficiencies, an applicant previously denied permission to
  274  operate a massage establishment may reapply for licensure.
  275         (7) If, based upon the application and any necessary
  276  investigation, the department determines that the proposed
  277  massage establishment may reasonably be expected to meet the
  278  standards adopted by the department under subsection (3), the
  279  department shall grant the license under such restrictions as it
  280  shall deem proper as soon as the original licensing fee is paid.
  281         (8) The department shall deny an application for a new or
  282  renewal license if a person with an ownership interest in the
  283  establishment an establishment owner or a designated
  284  establishment manager, as those terms are defined in s. 480.033,
  285  or, for a corporation that has more than $250,000 of business
  286  assets in this state, an the owner or a designated establishment
  287  manager , officer, or individual directly involved in the
  288  management of the establishment has been convicted or found
  289  guilty of, or entered a plea of guilty or nolo contendere to,
  290  regardless of adjudication, a violation of s. 796.07(2)(a) which
  291  is reclassified under s. 796.07(7) or a felony offense under any
  292  of the following provisions of state law or a similar provision
  293  in another jurisdiction:
  294         (a) Section 787.01, relating to kidnapping.
  295         (b) Section 787.02, relating to false imprisonment.
  296         (c) Section 787.025, relating to luring or enticing a
  297  child.
  298         (d) Section 787.06, relating to human trafficking.
  299         (e) Section 787.07, relating to human smuggling.
  300         (f) Section 794.011, relating to sexual battery.
  301         (g) Section 794.08, relating to female genital mutilation.
  302         (h) Former s. 796.03, relating to procuring a person under
  303  the age of 18 for prostitution.
  304         (i) Former s. 796.035, relating to selling or buying of
  305  minors into prostitution.
  306         (j) Section 796.04, relating to forcing, compelling, or
  307  coercing another to become a prostitute.
  308         (k) Section 796.05, relating to deriving support from the
  309  proceeds of prostitution.
  310         (l) Section 796.07(4)(a)3., relating to a felony of the
  311  third degree for a third or subsequent violation of s. 796.07,
  312  relating to prohibiting prostitution and related acts.
  313         (m) Section 800.04, relating to lewd or lascivious offenses
  314  committed upon or in the presence of persons less than 16 years
  315  of age.
  316         (n) Section 825.1025(2)(b), relating to lewd or lascivious
  317  offenses committed upon or in the presence of an elderly or
  318  disabled person.
  319         (o) Section 827.071, relating to sexual performance by a
  320  child.
  321         (p) Section 847.0133, relating to the protection of minors.
  322         (q) Section 847.0135, relating to computer pornography.
  323         (r) Section 847.0138, relating to the transmission of
  324  material harmful to minors to a minor by electronic device or
  325  equipment.
  326         (s) Section 847.0145, relating to the selling or buying of
  327  minors.
  328         (9)(a) Once issued, no license for operation of a massage
  329  establishment license issued to an individual, a partnership, a
  330  corporation, a limited liability company, or another entity may
  331  not be transferred from the licensee one owner to another
  332  individual, partnership, corporation, limited liability company,
  333  or another entity.
  334         (b) A license may be transferred from one location to
  335  another only after inspection and approval by the board and
  336  receipt of an application and inspection fee set by rule of the
  337  board, not to exceed $125.
  338         (c) A license may be transferred from one business name to
  339  another after approval by the board and receipt of an
  340  application fee set by rule of the board, not to exceed $25.
  341         (10) Renewal of license registration for massage
  342  establishments shall be accomplished pursuant to rules adopted
  343  by the board. The board is further authorized to adopt rules
  344  governing delinquent renewal of licenses and may impose penalty
  345  fees for delinquent renewal.
  346         (11) The board is authorized to adopt rules governing the
  347  periodic inspection of massage establishments licensed under
  348  this act.
  349         (12) As a requirement of licensure, a massage establishment
  350  must have a designated establishment manager. The designated
  351  establishment manager is responsible for complying with all
  352  requirements related to operating the establishment in
  353  compliance with this section and shall practice at the
  354  establishment for which he or she has been designated. Within 10
  355  days after termination of a designated establishment manager,
  356  the establishment owner must notify the department of the
  357  identity of another designated establishment manager. Failure to
  358  have a designated establishment manager practicing at the
  359  location of the establishment shall result in summary suspension
  360  of the establishment license as described in s. 456.073(8) or s.
  361  120.60(6). An establishment licensed before July 1, 2019, must
  362  identify a designated establishment manager by January 1, 2020 A
  363  person with an ownership interest in or, for a corporation that
  364  has more than $250,000 of business assets in this state, the
  365  owner, officer, or individual directly involved in the
  366  management of an establishment that was issued a license before
  367  July 1, 2014, shall submit to the background screening
  368  requirements of s. 456.0135 before January 31, 2015.
  369         (13)By January 1, 2020, a massage establishment shall
  370  implement a procedure for reporting suspected human trafficking
  371  to the National Human Trafficking Hotline or to a local law
  372  enforcement agency and shall post in a conspicuous location in
  373  the establishment which is accessible to employees, customers,
  374  and the public a human trafficking public awareness sign at
  375  least 11 inches by 15 inches in size, printed in an easily
  376  legible font and in at least 32-point type, which states in
  377  English and Spanish and any other language predominantly spoken
  378  in that area which the department deems appropriate
  379  substantially the following:
  380  
  381  “If you or someone you know is being forced to engage in an
  382  activity and cannot leave, whether it is prostitution,
  383  housework, farm work, factory work, retail work, restaurant
  384  work, or any other activity, call the National Human Trafficking
  385  Resource Center at 888-373-7888 or text INFO or HELP to 233-733
  386  to access help and services. Victims of slavery and human
  387  trafficking are protected under United States and Florida law.
  388         (14)An establishment owner and a designated establishment
  389  manager, as those terms are defined in s. 480.033, shall
  390  complete continuing education related to laws, rules, ethics,
  391  and human trafficking as determined by the board as a condition
  392  of licensure renewal.
  393         (15)(13)Except as provided in subsection (13), this
  394  section does not apply to a physician licensed under chapter
  395  458, chapter 459, or chapter 460 who employs a licensed massage
  396  therapist to perform massage on the physician’s patients at the
  397  physician’s place of practice. This subsection does not restrict
  398  investigations by the department for violations of chapter 456
  399  or this chapter.
  400         Section 5. Present subsection (4) of section 480.046,
  401  Florida Statutes, is redesignated as subsection (6), new
  402  subsections (4) and (5) are added to that section, and
  403  subsection (3) of that section is amended, to read:
  404         480.046 Grounds for disciplinary action by the board.—
  405         (3) The board shall have the power to revoke or suspend the
  406  license of a massage establishment licensed under this act, or
  407  to deny subsequent licensure of such an establishment, if any in
  408  either of the following occurs cases:
  409         (a) The Upon proof that a license has been obtained by
  410  fraud or misrepresentation.
  411         (b) The establishment owner or designated establishment
  412  manager is convicted of, or enters a plea of guilty or nolo
  413  contendere to, regardless of adjudication, Upon proof that the
  414  holder of a license is guilty of fraud or deceit or of gross
  415  negligence, incompetency, or misconduct in the operation of a
  416  massage the establishment so licensed.
  417         (c)Within the last 10 years, the establishment owner, the
  418  designated establishment manager, or any individuals providing
  419  massage therapy services for the establishment have had:
  420         1.The entry in any jurisdiction of a final order or other
  421  disciplinary action taken for sexual misconduct involving
  422  prostitution;
  423         2.The entry in any jurisdiction of a final order or other
  424  disciplinary action taken for crimes related to the practice of
  425  massage therapy involving prostitution; or
  426         3.The entry in any jurisdiction of a plea of guilty or
  427  nolo contendere to any misdemeanor or felony crime, regardless
  428  of adjudication, related to prostitution or related acts as
  429  described in s. 796.07.
  430         (4)The owner of an establishment who has been the subject
  431  of disciplinary action under subsection (3) may not reapply for
  432  an establishment license and may not transfer such license
  433  pursuant to s. 480.043.
  434         (5)A designated establishment manager who has been the
  435  subject of disciplinary action under section (3) may not reapply
  436  for a license.
  437         Section 6. Section 509.096, Florida Statutes, is created to
  438  read:
  439         509.096 Human trafficking awareness training and policies
  440  for employees of public lodging establishments; enforcement.—
  441         (1) A public lodging establishment shall:
  442         (a) Provide annual training regarding human trafficking
  443  awareness to employees of the establishment who perform
  444  housekeeping duties in the rental units or who work at the front
  445  desk or reception area where guests ordinarily check in or check
  446  out. Such training must also be provided for new employees
  447  within 30 days after they begin their employment in that role,
  448  or by January 1, 2020, whichever occurs later. Each employee
  449  must submit to the hiring establishment a signed and dated
  450  acknowledgment of having received the training, which the
  451  establishment must provide to the Department of Business and
  452  Professional Regulation upon request.
  453         (b) By January 1, 2020, implement a procedure for the
  454  reporting of suspected human trafficking to the National Human
  455  Trafficking Hotline or to a local law enforcement agency.
  456         (c) By January 1, 2020, post in a conspicuous location in
  457  the establishment which is accessible to employees a human
  458  trafficking public awareness sign at least 11 inches by 15
  459  inches in size, printed in an easily legible font and in at
  460  least 32-point type, which states in English and Spanish and any
  461  other language predominantly spoken in that area which the
  462  department deems appropriate substantially the following:
  463  
  464  “If you or someone you know is being forced to engage in an
  465  activity and cannot leave, whether it is prostitution,
  466  housework, farm work, factory work, retail work, restaurant
  467  work, or any other activity, call the National Human Trafficking
  468  Resource Center at 888-373-7888 or text INFO or HELP to 233-733
  469  to access help and services. Victims of slavery and human
  470  trafficking are protected under United States and Florida law.
  471         (2) The human trafficking awareness training required under
  472  paragraph (1)(a) must be submitted to and approved by the
  473  Department of Business and Professional Regulation before the
  474  training is provided to employees and must include all of the
  475  following:
  476         (a) The definition of human trafficking and the difference
  477  between the two forms of human trafficking: sex trafficking and
  478  labor trafficking.
  479         (b) Guidance specific to the public lodging sector
  480  concerning how to identify individuals who may be victims of
  481  human trafficking.
  482         (c) Guidance concerning the role of the employees of a
  483  public lodging establishment in reporting and responding to
  484  suspected human trafficking.
  485         (3) The division shall impose an administrative fine of
  486  $2,000 per day on a public lodging establishment that is not in
  487  compliance with this section and remit the fines to the direct
  488  support organization established under s. 16.618, unless the
  489  division receives adequate written documentation from the public
  490  lodging establishment which provides assurance that each
  491  deficiency will be corrected within 90 days after the division
  492  provided the public lodging establishment with notice of its
  493  violation.
  494         (4) This section does not establish a private cause of
  495  action. This section does not alter or limit any other existing
  496  remedies available to survivors of human trafficking.
  497         Section 7. Effective October 1, 2019, subsection (5) of
  498  section 796.07, Florida Statutes, is amended, and subsection (2)
  499  of that section is republished, to read:
  500         796.07 Prohibiting prostitution and related acts.—
  501         (2) It is unlawful:
  502         (a) To own, establish, maintain, or operate any place,
  503  structure, building, or conveyance for the purpose of lewdness,
  504  assignation, or prostitution.
  505         (b) To offer, or to offer or agree to secure, another for
  506  the purpose of prostitution or for any other lewd or indecent
  507  act.
  508         (c) To receive, or to offer or agree to receive, any person
  509  into any place, structure, building, or conveyance for the
  510  purpose of prostitution, lewdness, or assignation, or to permit
  511  any person to remain there for such purpose.
  512         (d) To direct, take, or transport, or to offer or agree to
  513  direct, take, or transport, any person to any place, structure,
  514  or building, or to any other person, with knowledge or
  515  reasonable cause to believe that the purpose of such directing,
  516  taking, or transporting is prostitution, lewdness, or
  517  assignation.
  518         (e) For a person 18 years of age or older to offer to
  519  commit, or to commit, or to engage in, prostitution, lewdness,
  520  or assignation.
  521         (f) To solicit, induce, entice, or procure another to
  522  commit prostitution, lewdness, or assignation.
  523         (g) To reside in, enter, or remain in, any place,
  524  structure, or building, or to enter or remain in any conveyance,
  525  for the purpose of prostitution, lewdness, or assignation.
  526         (h) To aid, abet, or participate in any of the acts or
  527  things enumerated in this subsection.
  528         (i) To purchase the services of any person engaged in
  529  prostitution.
  530         (5)(a) A person who violates paragraph (2)(f) commits:
  531         1. A misdemeanor of the first degree for a first violation,
  532  punishable as provided in s. 775.082 or s. 775.083.
  533         2. A felony of the third degree for a second violation,
  534  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  535         3. A felony of the second degree for a third or subsequent
  536  violation, punishable as provided in s. 775.082, s. 775.083, or
  537  s. 775.084.
  538         (b) In addition to any other penalty imposed, the court
  539  shall order a person convicted of a violation of paragraph
  540  (2)(f) to:
  541         1. Perform 100 hours of community service; and
  542         2. Pay for and attend an educational program about the
  543  negative effects of prostitution and human trafficking, such as
  544  a sexual violence prevention education program, including such
  545  programs offered by faith-based providers, if such programs
  546  exist in the judicial circuit in which the offender is
  547  sentenced.
  548         (c) In addition to any other penalty imposed, the court
  549  shall sentence a person convicted of a second or subsequent
  550  violation of paragraph (2)(f) to a minimum mandatory period of
  551  incarceration of 10 days.
  552         (d)1. If a person who violates paragraph (2)(f) uses a
  553  vehicle in the course of the violation, the judge, upon the
  554  person’s conviction, may issue an order for the impoundment or
  555  immobilization of the vehicle for a period of up to 60 days. The
  556  order of impoundment or immobilization must include the names
  557  and telephone numbers of all immobilization agencies meeting all
  558  of the conditions of s. 316.193(13). Within 7 business days
  559  after the date that the court issues the order of impoundment or
  560  immobilization, the clerk of the court must send notice by
  561  certified mail, return receipt requested, to the registered
  562  owner of the vehicle, if the registered owner is a person other
  563  than the defendant, and to each person of record claiming a lien
  564  against the vehicle.
  565         2. The owner of the vehicle may request the court to
  566  dismiss the order. The court must dismiss the order, and the
  567  owner of the vehicle will incur no costs, if the owner of the
  568  vehicle alleges and the court finds to be true any of the
  569  following:
  570         a. The owner’s family has no other private or public means
  571  of transportation;
  572         b. The vehicle was stolen at the time of the offense;
  573         c. The owner purchased the vehicle after the offense was
  574  committed, and the sale was not made to circumvent the order and
  575  allow the defendant continued access to the vehicle; or
  576         d. The vehicle is owned by the defendant but is operated
  577  solely by employees of the defendant or employees of a business
  578  owned by the defendant.
  579         3. If the court denies the request to dismiss the order,
  580  the petitioner may request an evidentiary hearing. If, at the
  581  evidentiary hearing, the court finds to be true any of the
  582  circumstances described in sub-subparagraphs (d)2.a.-d., the
  583  court must dismiss the order and the owner of the vehicle will
  584  incur no costs.
  585         (e) The Soliciting for Prostitution Public Database created
  586  pursuant to s. 943.0433 must include the criminal history record
  587  of a person who is found guilty as a result of a trial or who
  588  enters a plea of guilty or nolo contendere, regardless of
  589  whether adjudication is withheld, of paragraph (2)(f), and there
  590  is evidence that such person provided a form of payment or
  591  arranged for the payment of such services. Upon conviction, the
  592  clerk of the court shall forward the criminal history record of
  593  the person to the Department of Law Enforcement, pursuant to s.
  594  943.052(2), for inclusion in the database.
  595         Section 8. Effective October 1, 2019, section 943.0433,
  596  Florida Statutes, is created to read:
  597         943.0433Soliciting for Prostitution Public Database.—
  598         (1) The department shall create and administer the
  599  Soliciting for Prostitution Public Database. The clerk of the
  600  court shall forward to the department the criminal history
  601  record of a person in accordance with s. 796.07(5)(e), and the
  602  department shall add the criminal history record to the
  603  database.
  604         (2)(a)The department shall automatically remove the
  605  criminal history record of a person from the database if, after
  606  5 years following the commission of an offense that meets the
  607  criteria set forth in s. 796.07(5)(e), such person has not
  608  subsequently committed a violation that meets such criteria or
  609  any other offense within that time that would constitute a
  610  sexual offense, including, but not limited to, human
  611  trafficking, or an offense that would require registration as a
  612  sexual offender.
  613         (b)The department may not remove a criminal history record
  614  from the database if a person commits a violation that meets the
  615  criteria set forth in s. 796.07(5)(e) a second or subsequent
  616  time.
  617         (c)The department shall create policies and procedures
  618  that allow a person whose conviction has been overturned or who
  619  has received an expunction of a criminal history record for
  620  which his or her record was placed on the database to petition
  621  the department for the removal of the petitioner’s criminal
  622  history record. The department, after receiving a completed
  623  petition form with adequate documentation, must remove the
  624  criminal history record from the database within 30 days after
  625  receipt of such petition. The department shall create a form,
  626  publish it online, and provide it upon request in paper form for
  627  petitioners to complete.
  628         (3)The database must include all of the following on each
  629  offender:
  630         (a)His or her full legal name.
  631         (b)His or her last known address.
  632         (c)A color photograph of him or her.
  633         (d)The offense for which he or she was convicted.
  634         (4) The department shall adopt rules to administer this
  635  section.
  636         Section 9. Subsection (3) of section 943.0583, Florida
  637  Statutes, is amended to read:
  638         943.0583 Human trafficking victim expunction.—
  639         (3) A person who is a victim of human trafficking may
  640  petition for the expunction of a criminal history record
  641  resulting from the arrest or filing of charges for an offense
  642  committed or reported to have been committed while the person
  643  was a victim of human trafficking, which offense was committed
  644  or reported to have been committed as a part of the human
  645  trafficking scheme of which the person was a victim or at the
  646  direction of an operator of the scheme, including, but not
  647  limited to, violations under chapters 796 and 847, without
  648  regard to the disposition of the arrest or of any charges.
  649  However, this section does not apply to any offense listed in s.
  650  775.084(1)(b)1., except for kidnapping. Determination of the
  651  petition under this section should be by a preponderance of the
  652  evidence. A conviction expunged under this section is deemed to
  653  have been vacated due to a substantive defect in the underlying
  654  criminal proceedings. If a person is adjudicated not guilty by
  655  reason of insanity or is found to be incompetent to stand trial
  656  for any such charge, the expunction of the criminal history
  657  record may not prevent the entry of the judgment or finding in
  658  state and national databases for use in determining eligibility
  659  to purchase or possess a firearm or to carry a concealed
  660  firearm, as authorized in s. 790.065(2)(a)4.c. and 18 U.S.C. s.
  661  922(t), nor shall it prevent any governmental agency that is
  662  authorized by state or federal law to determine eligibility to
  663  purchase or possess a firearm or to carry a concealed firearm
  664  from accessing or using the record of the judgment or finding in
  665  the course of such agency’s official duties.
  666         Section 10. Section 943.17297, Florida Statutes, is created
  667  to read:
  668         943.17297Continuing employment training in identifying and
  669  investigating human trafficking.—Within 1 year after beginning
  670  employment, each certified law enforcement officer must
  671  successfully complete 4 hours of training in identifying and
  672  investigating human trafficking. Completion of the training
  673  component may count toward the 40 hours of instruction for
  674  continued employment or appointment as a law enforcement officer
  675  required under s. 943.135. This training component must be
  676  completed by current law enforcement officers by July 1, 2022.
  677  The training must be developed by the commission in consultation
  678  with the Department of Legal Affairs and the Statewide Council
  679  on Human Trafficking. If an officer fails to complete the
  680  required training, his or her certification must be placed on
  681  inactive status until the employing agency notifies the
  682  commission that the officer has completed the training.
  683         Section 11. For the 2019-2020 fiscal year, the sum of
  684  $250,000 in nonrecurring funds is appropriated from the General
  685  Revenue Fund to the Department of Legal Affairs for the purposes
  686  of implementing and administering the direct-support
  687  organization created under s. 16.618, Florida Statutes, and for
  688  developing training and information services with the Florida
  689  Forensic Institute for Research, Security, and Tactics.
  690         Section 12. Except as otherwise expressly provided in this
  691  act, this act shall take effect July 1, 2019.
  692  
  693  ================= T I T L E  A M E N D M E N T ================
  694  And the title is amended as follows:
  695         Delete everything before the enacting clause
  696  and insert:
  697                        A bill to be entitled                      
  698         An act relating to human trafficking; creating s.
  699         16.618, F.S.; requiring the Department of Legal
  700         Affairs to establish a certain direct-support
  701         organization for a specified purpose; providing
  702         requirements for the direct-support organization;
  703         requiring the direct-support organization to operate
  704         under written contract with the department; providing
  705         contractual requirements; providing for the membership
  706         of and the appointment of directors to the board of
  707         directors of the direct-support organization;
  708         requiring the direct-support organization to contract
  709         to develop certain training and information with the
  710         Florida Forensic Institute for Research, Security, and
  711         Tactics or another organization under certain
  712         circumstances; providing a contractual requirement;
  713         requiring the institute to develop specified training
  714         by a certain date; requiring the institute to serve as
  715         a repository for certain information and training
  716         materials and resources; requiring certain task forces
  717         to coordinate with the institute on an ongoing,
  718         periodic basis; authorizing certain law enforcement
  719         offices and agencies to coordinate with the institute
  720         to receive training and information; requiring the
  721         direct-support organization, in conjunction with the
  722         Statewide Council on Human Trafficking, to form
  723         certain partnerships for specified purposes;
  724         authorizing the department to allow appropriate use of
  725         department property, facilities, and personnel by the
  726         direct-support organization; providing requirements
  727         and conditions for such use of department property,
  728         facilities, and personnel by the direct-support
  729         organization; authorizing the direct-support
  730         organization to engage in certain activities for the
  731         direct or indirect benefit of the council; prohibiting
  732         certain persons and employees from receiving specified
  733         benefits as they relate to the council or the direct
  734         support organization; providing for moneys received by
  735         the direct-support organization; authorizing the
  736         department to terminate its agreement with the direct
  737         support organization if the department determines that
  738         the direct-support organization does not meet
  739         specified objectives; providing for future review and
  740         repeal by the Legislature; creating s. 456.0341, F.S.;
  741         providing applicability; requiring the appropriate
  742         board to require persons licensed or certified under
  743         certain provisions to complete a certain continuing
  744         education course by a specified date; providing course
  745         requirements; requiring certain licensees or
  746         certificateholders to post in their places of work a
  747         human trafficking public awareness sign by a specified
  748         date; providing requirements for the sign; amending s.
  749         480.033, F.S.; defining the terms “establishment
  750         owner” and “designated establishment manager”;
  751         amending s. 480.043, F.S.; requiring establishment
  752         owners, rather than persons with ownership interests
  753         in the establishment, to submit to a certain
  754         background screening; requiring, if a corporation has
  755         more than a specified amount of business assets in
  756         this state, the department to mandate that a
  757         designated establishment manager, in addition to the
  758         owner, comply with a certain background screening;
  759         authorizing the Board of Massage Therapy, rather than
  760         the Department of Health, to adopt certain rules;
  761         revising the circumstances under which the department
  762         must deny an application for a new or renewal license;
  763         providing limitations of the transferability of
  764         massage establishment licenses; requiring as part of
  765         licensure that a massage establishment have a
  766         designated establishment manager; providing
  767         requirements for the designated establishment manager;
  768         providing for summary suspension of the massage
  769         establishment that fails to have a designated
  770         establishment manager practicing at the massage
  771         establishment; requiring certain establishments to
  772         identify a designated establishment manager by a
  773         specified date; requiring massage establishments to
  774         implement a procedure for reporting suspected human
  775         trafficking and to post in their places of work a
  776         human trafficking public awareness sign by a specified
  777         date; providing requirements for the sign; requiring
  778         establishment owners and designated establishment
  779         managers to complete certain continuing education as a
  780         condition for licensure renewal; amending s. 480.046,
  781         F.S.; revising the circumstances under which the board
  782         must revoke or suspend the license of, or deny
  783         subsequent licensure to, a massage establishment;
  784         prohibiting the owners of certain establishments from
  785         reapplying for an establishment license or from
  786         transferring such license; providing applicability;
  787         prohibiting a designated establishment manager from
  788         reapplying for a license under certain circumstances;
  789         creating s. 509.096, F.S.; requiring a public lodging
  790         establishment to train certain employees and implement
  791         a certain procedure relating to human trafficking by a
  792         specified date; requiring each employee to submit a
  793         signed and dated acknowledgement of having received
  794         the training; requiring the public lodging
  795         establishment to provide a copy to the Department of
  796         Business and Professional Regulation upon request;
  797         requiring a public lodging establishment to post in
  798         the establishment a human trafficking public awareness
  799         sign by a specified date; providing requirements for
  800         the sign; requiring that certain training be submitted
  801         to and approved by the department; providing training
  802         requirements; requiring the Division of Hotels and
  803         Restaurants of the Department of Business and
  804         Professional Regulation to impose an administrative
  805         fine on a public lodging establishment for failure to
  806         comply with certain requirements and to remit the
  807         fines to a certain direct support organization;
  808         providing an exception; providing that this section
  809         does not establish a private cause of action against a
  810         public lodging establishment and does not alter or
  811         limit any existing remedies for survivors of human
  812         trafficking; amending s. 796.07, F.S.; requiring that
  813         the criminal history record of a person who is found
  814         guilty of, or who enters a plea of guilty or nolo
  815         contendere to, soliciting, inducing, enticing, or
  816         procuring another to commit prostitution, lewdness, or
  817         assignation and who provides or arranges payment for
  818         such violations be added to the Soliciting for
  819         Prostitution Public Database; requiring the clerk of
  820         the court to forward the criminal history record of
  821         such persons to the Department of Law Enforcement for
  822         inclusion in the database; creating s. 943.0433, F.S.;
  823         requiring the Department of Law Enforcement to create
  824         and administer the Soliciting for Prostitution Public
  825         Database; requiring the department to add certain
  826         criminal history records to the database; requiring
  827         the department to automatically remove certain
  828         criminal history records from the database under
  829         certain circumstances; prohibiting the department from
  830         removing certain criminal history records from the
  831         database for second or subsequent violations of
  832         specified provisions; requiring the department to
  833         create policies and procedures that allow certain
  834         persons to petition the department for the removal of
  835         criminal history records from the database; requiring
  836         the department to remove such a record within a
  837         specified timeframe after receipt of the petition;
  838         requiring the department to create a certain form, to
  839         publish it online, and to provide the form in paper
  840         form upon request; requiring the database to include
  841         specified information on offenders; requiring the
  842         department to adopt rules; amending s. 943.0583, F.S.;
  843         creating an exception to a prohibition that bars
  844         certain victims of human trafficking from petitioning
  845         for the expunction of a criminal history record for
  846         offenses committed while the person was a victim of
  847         human trafficking as part of the human trafficking
  848         scheme or at the direction of an operator of the
  849         scheme; creating s. 943.17297, F.S.; requiring each
  850         certified law enforcement officer to successfully
  851         complete training on identifying and investigating
  852         human trafficking within a certain timeframe;
  853         authorizing the completion of such training to count
  854         toward a certain requirement; requiring that the
  855         training be completed by a certain date; requiring
  856         that the training be developed by the Criminal Justice
  857         Standards and Training Commission in consultation with
  858         specified entities; specifying that an officer’s
  859         certification must be placed on inactive status if he
  860         or she fails to complete the required training until
  861         the employing agency notifies the Criminal Justice
  862         Standards and Training Commission that the officer has
  863         completed the training; providing an appropriation;
  864         providing effective dates.
  865  
  866         WHEREAS, the state of Florida is ranked third nationally in
  867  human trafficking abuses, and recognizing that the crime of
  868  human trafficking is a gross violation of human rights, the
  869  Legislature has taken measures to raise awareness of the
  870  practices of human sex trafficking and of labor trafficking of
  871  children and adults in this state, and
  872         WHEREAS, the Legislature deems it critical to the health,
  873  safety, and welfare of the people of this state to prevent and
  874  deter human trafficking networks, and persons who would aid and
  875  abet these networks, from operating in this state, and
  876         WHEREAS, repeat offenses to aid and abet traffickers by way
  877  of recruitment or financial support, and clients of human
  878  trafficking networks who use physical violence, are a
  879  particularly extreme threat to public safety, and
  880         WHEREAS, repeat offenders are extremely likely to use
  881  violence and to repeat their offenses, and to commit many
  882  offenses with many victims, many of whom are never given
  883  justice, and these offenders are only prosecuted for a small
  884  fraction of their crimes, and
  885         WHEREAS, traffickers and clients of human trafficking
  886  networks often use hotels, motels, public lodging
  887  establishments, massage establishments, spas, or property rental
  888  sharing sites to acquire facilities wherein men, women, and
  889  children are coerced into performing sexual acts, which places
  890  the employees of these establishments in direct and frequent
  891  contact with victims of human trafficking, and
  892         WHEREAS, this state is in critical need of a coordinated
  893  and collaborative human trafficking law enforcement response to
  894  prepare for future large-scale events taking place in this
  895  state, and the Legislature finds that a statewide effort focused
  896  on law enforcement training, detection, and enforcement, with
  897  additional focus on the safe rehabilitation of survivors, will
  898  address this critical need, and
  899         WHEREAS, research from 2011 has demonstrated that a
  900  majority of human traffickers’ clients are not interviewed by
  901  law enforcement, despite having extensive knowledge of the
  902  traffickers and the traffickers’ practices, and are even used as
  903  recruiters for traffickers, and
  904         WHEREAS, human traffickers’ clients who were interviewed in
  905  the same 2011 research stated that they would think twice about
  906  purchasing sex from a victim of human trafficking if they were
  907  named on a public database, and
  908         WHEREAS, client and trafficker anonymity has allowed for
  909  trafficking networks to continue in the shadows, and the
  910  publication of client and trafficker identities would protect
  911  the public from potential harm and protect victims of
  912  trafficking from future harm, and
  913         WHEREAS, the demand for prostitution is a driving force
  914  that fuels sex trafficking, and the Soliciting for Prostitution
  915  Public Database will serve to identify those who contribute to
  916  the demand for sex trafficking, thereby deterring the overall
  917  perpetuation of human trafficking, NOW, THEREFORE,