Florida Senate - 2022 SB 1436
By Senator Garcia
37-01001-22 20221436__
1 A bill to be entitled
2 An act relating to training on human trafficking;
3 amending s. 16.618, F.S.; deleting an obsolete
4 provision; requiring the Florida Forensic Institute
5 for Research, Security, and Tactics to develop
6 specified training for firesafety inspectors;
7 providing that such training is eligible for
8 continuing education credits; amending s. 409.175,
9 F.S.; requiring foster parents and agency staff to
10 complete preservice and inservice training related to
11 human trafficking; reenacting s. 63.092(3)(e), F.S.,
12 relating to reports to the court of intended placement
13 by an adoption entity, to incorporate the amendment
14 made to s. 409.175, F.S., in a reference thereto;
15 providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Paragraph (b) of subsection (4) of section
20 16.618, Florida Statutes, is amended, and paragraph (f) is added
21 to that subsection, to read:
22 16.618 Direct-support organization.—
23 (4)
24 (b) Recognizing that this state hosts large-scale events,
25 including sporting events, concerts, and cultural events, which
26 generate significant tourism to this state, produce significant
27 economic revenue, and often are conduits for human trafficking,
28 the institute must develop training that is ready for statewide
29 dissemination by not later than October 1, 2019.
30 1. Training must focus on detecting human trafficking, best
31 practices for reporting human trafficking, and the interventions
32 and treatment for survivors of human trafficking.
33 2. In developing the training, the institute shall consult
34 with law enforcement agencies, survivors of human trafficking,
35 industry representatives, tourism representatives, and other
36 interested parties. The institute also must conduct research to
37 determine the reduction in recidivism attributable to the
38 education of the harms of human trafficking for first-time
39 offenders.
40 (f) The institute shall develop training for firesafety
41 inspectors in the recognition and reporting of human
42 trafficking. Such training is eligible for continuing education
43 credit under s. 633.216(4).
44 Section 2. Paragraph (e) is added to subsection (14) of
45 section 409.175, Florida Statutes, to read:
46 409.175 Licensure of family foster homes, residential
47 child-caring agencies, and child-placing agencies; public
48 records exemption.—
49 (14)
50 (e)1. In addition to any other preservice training required
51 by law, foster parents, as a condition of licensure, and agency
52 staff must successfully complete preservice training related to
53 human trafficking which must be uniform statewide and must
54 include, but need not be limited to:
55 a. Basic information on human trafficking, such as an
56 understanding of relevant terminology, and the differences
57 between sex trafficking and labor trafficking;
58 b. Factors and knowledge on identifying children at risk of
59 human trafficking; and
60 c. Steps that should be taken to prevent at-risk youths
61 from becoming victims of human trafficking.
62 2. Foster parents, before licensure renewal, and agency
63 staff, during each full year of employment, must complete
64 inservice training related to human trafficking to satisfy the
65 training requirement under subparagraph (5)(b)7.
66 Section 3. For the purpose of incorporating the amendment
67 made by this act to section 409.175, Florida Statutes, in a
68 reference thereto, paragraph (e) of subsection (3) of section
69 63.092, Florida Statutes, is reenacted to read:
70 63.092 Report to the court of intended placement by an
71 adoption entity; at-risk placement; preliminary study.—
72 (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
73 intended adoptive home, a preliminary home study must be
74 performed by a licensed child-placing agency, a child-caring
75 agency registered under s. 409.176, a licensed professional, or
76 an agency described in s. 61.20(2), unless the adoptee is an
77 adult or the petitioner is a stepparent or a relative. If the
78 adoptee is an adult or the petitioner is a stepparent or a
79 relative, a preliminary home study may be required by the court
80 for good cause shown. The department is required to perform the
81 preliminary home study only if there is no licensed child
82 placing agency, child-caring agency registered under s. 409.176,
83 licensed professional, or agency described in s. 61.20(2), in
84 the county where the prospective adoptive parents reside. The
85 preliminary home study must be made to determine the suitability
86 of the intended adoptive parents and may be completed before
87 identification of a prospective adoptive minor. If the
88 identified prospective adoptive minor is in the custody of the
89 department, a preliminary home study must be completed within 30
90 days after it is initiated. A favorable preliminary home study
91 is valid for 1 year after the date of its completion. Upon its
92 completion, a signed copy of the home study must be provided to
93 the intended adoptive parents who were the subject of the home
94 study. A minor may not be placed in an intended adoptive home
95 before a favorable preliminary home study is completed unless
96 the adoptive home is also a licensed foster home under s.
97 409.175. The preliminary home study must include, at a minimum:
98 (e) Documentation of counseling and education of the
99 intended adoptive parents on adoptive parenting, as determined
100 by the entity conducting the preliminary home study. The
101 training specified in s. 409.175(14) shall only be required for
102 persons who adopt children from the department.
103
104 If the preliminary home study is favorable, a minor may be
105 placed in the home pending entry of the judgment of adoption. A
106 minor may not be placed in the home if the preliminary home
107 study is unfavorable. If the preliminary home study is
108 unfavorable, the adoption entity may, within 20 days after
109 receipt of a copy of the written recommendation, petition the
110 court to determine the suitability of the intended adoptive
111 home. A determination as to suitability under this subsection
112 does not act as a presumption of suitability at the final
113 hearing. In determining the suitability of the intended adoptive
114 home, the court must consider the totality of the circumstances
115 in the home. A minor may not be placed in a home in which there
116 resides any person determined by the court to be a sexual
117 predator as defined in s. 775.21 or to have been convicted of an
118 offense listed in s. 63.089(4)(b)2.
119 Section 4. This act shall take effect July 1, 2022.