Florida Senate - 2021                                     SB 812
       By Senator Book
       32-00436A-21                                           2021812__
    1                        A bill to be entitled                      
    2         An act relating to human trafficking; amending s.
    3         90.803, F.S.; specifying that an out-of-court
    4         statement made by a certain adult victim describing
    5         specified acts of human trafficking when he or she was
    6         a child is admissible in evidence in civil or criminal
    7         proceedings if certain criteria are met; providing an
    8         exception; requiring that, in a criminal action, a
    9         defendant be notified within a specified timeframe
   10         before a trial that such a statement will be offered
   11         at trial; providing notice requirements; requiring a
   12         court to make specific findings of fact on the record
   13         for its ruling; amending s. 787.06, F.S.; prohibiting
   14         the inclusion of depositions in the prosecution of a
   15         human trafficking crime; providing an exception;
   16         amending s. 948.30, F.S.; requiring a court to impose
   17         specified conditions, in addition to all other
   18         standard and special conditions imposed, on
   19         probationers or community controllees who are placed
   20         under supervision for violations of sexually related
   21         human trafficking offenses on or after a certain date;
   22         requiring a court to impose specified conditions, in
   23         addition to any other applicable conditions, on
   24         probationers or community controllees who are placed
   25         on community control or sex offender probation for
   26         violations of sexually related human trafficking
   27         offenses on or after a certain date; amending s.
   28         960.0015, F.S.; authorizing a court to grant a
   29         defendant accused of human trafficking an extension if
   30         the defendant demonstrates, upon a showing of need to
   31         call witnesses or alibi defenses, that such an
   32         extension is necessary after the filing of a demand
   33         for a speedy trial by the state attorney; authorizing
   34         the court to grant further extensions to prevent
   35         deprivation of the defendant’s right to due process;
   36         requiring each state attorney to adopt a pro
   37         prosecution policy for acts of human trafficking;
   38         providing an effective date.
   40  Be It Enacted by the Legislature of the State of Florida:
   42         Section 1. Present subsection (24) of section 90.803,
   43  Florida Statutes, is redesignated as subsection (25), and a new
   44  subsection (24) is added to that section, to read:
   45         90.803 Hearsay exceptions; availability of declarant
   46  immaterial.—The provision of s. 90.802 to the contrary
   47  notwithstanding, the following are not inadmissible as evidence,
   48  even though the declarant is available as a witness:
   50         (a) Unless the source of information or the method or
   51  circumstances by which the statement is reported indicates a
   52  lack of trustworthiness, an out-of-court statement made by an
   53  adult victim with a physical, mental, emotional, or
   54  developmental age of 16 years of age or older describing any act
   55  of human trafficking performed in the presence of, with, by, or
   56  on the declarant adult when he or she was a child, not otherwise
   57  admissible, is admissible in evidence in any civil or criminal
   58  proceeding if:
   59         1. The court finds in a hearing conducted outside the
   60  presence of the jury that the time, content, and circumstances
   61  of the statement provide sufficient safeguards of reliability.
   62  In making its determination, the court may consider the mental
   63  and physical age and maturity of the adult, the nature and
   64  duration of the abuse or offense, the relationship of the adult
   65  to the offender, the reliability of the assertion, the
   66  reliability of the victim, and any other factor deemed
   67  appropriate; and
   68         2. The adult either:
   69         a. Testifies; or
   70         b. Is unavailable as a witness, provided that there is
   71  other corroborative evidence of the abuse or offense.
   72  Unavailability shall include a finding by the court that the
   73  adult’s participation in the trial or proceeding would result in
   74  a substantial likelihood of severe emotional or mental harm, in
   75  addition to findings pursuant to s. 90.804(1).
   76         (b) In a criminal action, the defendant shall be notified
   77  no later than 10 days before trial that a statement that
   78  qualifies as a hearsay exception pursuant to this subsection
   79  will be offered as evidence at trial. The notice must include a
   80  written statement of the content of the adult’s statement, the
   81  time at which the statement was made, the circumstances
   82  surrounding the statement which indicate its reliability, and
   83  such other particulars as necessary to provide full disclosure
   84  of the statement.
   85         (c) The court shall make specific findings of fact on the
   86  record as to the basis for its ruling under this subsection.
   87         Section 2. Subsection (12) is added to section 787.06,
   88  Florida Statutes, to read:
   89         787.06 Human trafficking.—
   90         (12) The prosecution of a crime under this section may not
   91  include depositions, unless good cause is shown, governed by all
   92  of the following factors:
   93         (a)The consequences to the defendant.
   94         (b)The complexity of the issues involved.
   95         (c)The complexity of the witness testimony.
   96         (d)The other opportunities available to the defendant to
   97  discover the information sought by deposition.
   98         Section 3. Subsections (1) and (2) of section 948.30,
   99  Florida Statutes, are amended to read:
  100         948.30 Additional terms and conditions of probation or
  101  community control for certain sex offenses.—Conditions imposed
  102  pursuant to this section do not require oral pronouncement at
  103  the time of sentencing and shall be considered standard
  104  conditions of probation or community control for offenders
  105  specified in this section.
  106         (1) Effective for probationers or community controllees
  107  whose crime was committed on or after October 1, 1995, and who
  108  are placed under supervision for violation of s. 787.06(3)(b),
  109  (d), (f), or (g), chapter 794, s. 800.04, s. 827.071, s.
  110  847.0135(5), or s. 847.0145, the court must impose the following
  111  conditions in addition to all other standard and special
  112  conditions imposed:
  113         (a) A mandatory curfew from 10 p.m. to 6 a.m. The court may
  114  designate another 8-hour period if the offender’s employment
  115  precludes the above specified time, and the alternative is
  116  recommended by the Department of Corrections. If the court
  117  determines that imposing a curfew would endanger the victim, the
  118  court may consider alternative sanctions.
  119         (b) If the victim was under the age of 18, a prohibition on
  120  living within 1,000 feet of a school, child care facility, park,
  121  playground, or other place where children regularly congregate,
  122  as prescribed by the court. The 1,000-foot distance shall be
  123  measured in a straight line from the offender’s place of
  124  residence to the nearest boundary line of the school, child care
  125  facility, park, playground, or other place where children
  126  congregate. The distance may not be measured by a pedestrian
  127  route or automobile route. A probationer or community controllee
  128  who is subject to this paragraph may not be forced to relocate
  129  and does not violate his or her probation or community control
  130  if he or she is living in a residence that meets the
  131  requirements of this paragraph and a school, child care
  132  facility, park, playground, or other place where children
  133  regularly congregate is subsequently established within 1,000
  134  feet of his or her residence.
  135         (c) Active participation in and successful completion of a
  136  sex offender treatment program with qualified practitioners
  137  specifically trained to treat sex offenders, at the
  138  probationer’s or community controllee’s own expense. If a
  139  qualified practitioner is not available within a 50-mile radius
  140  of the probationer’s or community controllee’s residence, the
  141  offender shall participate in other appropriate therapy.
  142         (d) A prohibition on any contact with the victim, directly
  143  or indirectly, including through a third person, unless approved
  144  by the victim, a qualified practitioner in the sexual offender
  145  treatment program, and the sentencing court.
  146         (e) If the victim was under the age of 18, a prohibition on
  147  contact with a child under the age of 18 except as provided in
  148  this paragraph. The court may approve supervised contact with a
  149  child under the age of 18 if the approval is based upon a
  150  recommendation for contact issued by a qualified practitioner
  151  who is basing the recommendation on a risk assessment. Further,
  152  the sex offender must be currently enrolled in or have
  153  successfully completed a sex offender therapy program. The court
  154  may not grant supervised contact with a child if the contact is
  155  not recommended by a qualified practitioner and may deny
  156  supervised contact with a child at any time. When considering
  157  whether to approve supervised contact with a child, the court
  158  must review and consider the following:
  159         1. A risk assessment completed by a qualified practitioner.
  160  The qualified practitioner must prepare a written report that
  161  must include the findings of the assessment and address each of
  162  the following components:
  163         a. The sex offender’s current legal status;
  164         b. The sex offender’s history of adult charges with
  165  apparent sexual motivation;
  166         c. The sex offender’s history of adult charges without
  167  apparent sexual motivation;
  168         d. The sex offender’s history of juvenile charges, whenever
  169  available;
  170         e. The sex offender’s offender treatment history, including
  171  consultations with the sex offender’s treating, or most recent
  172  treating, therapist;
  173         f. The sex offender’s current mental status;
  174         g. The sex offender’s mental health and substance abuse
  175  treatment history as provided by the Department of Corrections;
  176         h. The sex offender’s personal, social, educational, and
  177  work history;
  178         i. The results of current psychological testing of the sex
  179  offender if determined necessary by the qualified practitioner;
  180         j. A description of the proposed contact, including the
  181  location, frequency, duration, and supervisory arrangement;
  182         k. The child’s preference and relative comfort level with
  183  the proposed contact, when age appropriate;
  184         l. The parent’s or legal guardian’s preference regarding
  185  the proposed contact; and
  186         m. The qualified practitioner’s opinion, along with the
  187  basis for that opinion, as to whether the proposed contact would
  188  likely pose significant risk of emotional or physical harm to
  189  the child.
  191  The written report of the assessment must be given to the court;
  192         2. A recommendation made as a part of the risk assessment
  193  report as to whether supervised contact with the child should be
  194  approved;
  195         3. A written consent signed by the child’s parent or legal
  196  guardian, if the parent or legal guardian is not the sex
  197  offender, agreeing to the sex offender having supervised contact
  198  with the child after receiving full disclosure of the sex
  199  offender’s present legal status, past criminal history, and the
  200  results of the risk assessment. The court may not approve
  201  contact with the child if the parent or legal guardian refuses
  202  to give written consent for supervised contact;
  203         4. A safety plan prepared by the qualified practitioner,
  204  who provides treatment to the offender, in collaboration with
  205  the sex offender, the child’s parent or legal guardian, if the
  206  parent or legal guardian is not the sex offender, and the child,
  207  when age appropriate, which details the acceptable conditions of
  208  contact between the sex offender and the child. The safety plan
  209  must be reviewed and approved by the court; and
  210         5. Evidence that the child’s parent or legal guardian
  211  understands the need for and agrees to the safety plan and has
  212  agreed to provide, or to designate another adult to provide,
  213  constant supervision any time the child is in contact with the
  214  offender.
  216  The court may not appoint a person to conduct a risk assessment
  217  and may not accept a risk assessment from a person who has not
  218  demonstrated to the court that he or she has met the
  219  requirements of a qualified practitioner as defined in this
  220  section.
  221         (f) If the victim was under age 18, a prohibition on
  222  working for pay or as a volunteer at any place where children
  223  regularly congregate, including, but not limited to, schools,
  224  child care facilities, parks, playgrounds, pet stores,
  225  libraries, zoos, theme parks, and malls.
  226         (g) Unless otherwise indicated in the treatment plan
  227  provided by a qualified practitioner in the sexual offender
  228  treatment program, a prohibition on viewing, accessing, owning,
  229  or possessing any obscene, pornographic, or sexually stimulating
  230  visual or auditory material, including telephone, electronic
  231  media, computer programs, or computer services that are relevant
  232  to the offender’s deviant behavior pattern.
  233         (h) Effective for probationers and community controllees
  234  whose crime is committed on or after July 1, 2005, a prohibition
  235  on accessing the Internet or other computer services until a
  236  qualified practitioner in the offender’s sex offender treatment
  237  program, after a risk assessment is completed, approves and
  238  implements a safety plan for the offender’s accessing or using
  239  the Internet or other computer services.
  240         (i) A requirement that the probationer or community
  241  controllee must submit a specimen of blood or other approved
  242  biological specimen to the Department of Law Enforcement to be
  243  registered with the DNA data bank.
  244         (j) A requirement that the probationer or community
  245  controllee make restitution to the victim, as ordered by the
  246  court under s. 775.089, for all necessary medical and related
  247  professional services relating to physical, psychiatric, and
  248  psychological care.
  249         (k) Submission to a warrantless search by the community
  250  control or probation officer of the probationer’s or community
  251  controllee’s person, residence, or vehicle.
  252         (2) Effective for a probationer or community controllee
  253  whose crime was committed on or after October 1, 1997, and who
  254  is placed on community control or sex offender probation for a
  255  violation of s. 787.06(3)(b), (d), (f), or (g), chapter 794, s.
  256  800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, in addition
  257  to any other provision of this section, the court must impose
  258  the following conditions of probation or community control:
  259         (a) As part of a treatment program, participation at least
  260  annually in polygraph examinations to obtain information
  261  necessary for risk management and treatment and to reduce the
  262  sex offender’s denial mechanisms. A polygraph examination must
  263  be conducted by a polygrapher who is a member of a national or
  264  state polygraph association and who is certified as a
  265  postconviction sex offender polygrapher, where available, and
  266  shall be paid for by the probationer or community controllee.
  267  The results of the polygraph examination shall be provided to
  268  the probationer’s or community controllee’s probation officer
  269  and qualified practitioner and shall not be used as evidence in
  270  court to prove that a violation of community supervision has
  271  occurred.
  272         (b) Maintenance of a driving log and a prohibition against
  273  driving a motor vehicle alone without the prior approval of the
  274  supervising officer.
  275         (c) A prohibition against obtaining or using a post office
  276  box without the prior approval of the supervising officer.
  277         (d) If there was sexual contact, a submission to, at the
  278  probationer’s or community controllee’s expense, an HIV test
  279  with the results to be released to the victim or the victim’s
  280  parent or guardian.
  281         (e) Electronic monitoring when deemed necessary by the
  282  community control or probation officer and his or her
  283  supervisor, and ordered by the court at the recommendation of
  284  the Department of Corrections.
  285         Section 4. Subsections (4) and (5) are added to section
  286  960.0015, Florida Statutes, to read:
  287         960.0015 Victim’s right to a speedy trial; speedy trial
  288  demand by the state attorney.—
  289         (4) Upon the filing of a demand for a speedy trial by the
  290  state attorney, the trial court may grant a defendant accused of
  291  human trafficking an extension if the defendant demonstrates,
  292  upon a showing of need to call witnesses or alibi defenses, that
  293  such an extension is necessary. The court may grant whatever
  294  further extension may be required to prevent deprivation of the
  295  defendant’s right to due process.
  296         (5)Each state attorney shall adopt a pro-prosecution
  297  policy for acts of human trafficking, as defined in s. 787.06.
  298  The filing, nonfiling, or diversion of criminal charges shall be
  299  determined by a prosecutor even when there is no cooperation
  300  from a victim or over the objection of the victim, if necessary.
  301         Section 5. This act shall take effect October 1, 2021.