Florida Senate - 2022 SENATOR AMENDMENT
Bill No. CS for HB 615
Ì609020gÎ609020
LEGISLATIVE ACTION
Senate . House
.
.
.
Floor: WD/RM .
03/11/2022 01:01 PM .
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Senator Brandes moved the following:
1 Senate Amendment to House Amendment (365861) to Senate
2 Amendment
3
4 Delete lines 4 - 5
5 and insert:
6 Remove lines 17-129 of the amendment and insert:
7 used for such purposes.
8 Section 2. Section 1004.343, Florida Statutes, is created
9 to read:
10 1004.343 Statewide Data Repository for Anonymous Human
11 Trafficking Data.—
12 (1) There is created the Statewide Data Repository for
13 Anonymous Human Trafficking Data. The repository shall be housed
14 in and operated by the University of South Florida Trafficking
15 in Persons - Risk to Resilience Lab.
16 (a) The Statewide Data Repository for Anonymous Human
17 Trafficking Data shall:
18 1. Collect and analyze anonymous human trafficking data to
19 identify trends in human trafficking in the state over time.
20 2. Evaluate the effectiveness of various state-funded
21 initiatives to combat human trafficking to enable the state to
22 make evidence-based decisions in funding future initiatives.
23 3. Disseminate relevant data to law enforcement agencies,
24 state agencies, and other entities to assist in combatting human
25 trafficking and apprehending and prosecuting persons responsible
26 for conducting human trafficking.
27 4. Evaluate the effectiveness of interventions and services
28 provided to assist human trafficking victims.
29 (b) The University of South Florida Trafficking in Persons
30 – Risk to Resilience Lab shall:
31 1. Design, operate, maintain, and protect the integrity of
32 the Statewide Data Repository for Anonymous Human Trafficking
33 Data.
34 2. Design, in consultation with the Department of Law
35 Enforcement and other law enforcement partners, and launch a
36 user-friendly system for efficiently reporting anonymous human
37 trafficking data to the Statewide Data Repository for Anonymous
38 Human Trafficking Data at no additional cost to reporting
39 entities.
40 3. Analyze anonymous human trafficking data to identify
41 initiatives and interventions that are effective in combatting
42 human trafficking, apprehending and prosecuting persons
43 responsible for conducting human trafficking, and assisting
44 human trafficking victims.
45 4. Work with law enforcement agencies and state agencies to
46 report data on human trafficking investigations and prosecutions
47 which can aid such agencies in combatting human trafficking and
48 apprehending and prosecuting persons responsible for conducting
49 human trafficking.
50 (2)(a) Except as provided in paragraph (b), the following
51 agencies and entities shall report anonymous human trafficking
52 data required under this section:
53 1. Law enforcement agencies operating with state or local
54 government tax proceeds, including, but not limited to,
55 municipal police departments, county sheriffs, and state
56 attorneys.
57 2. The Department of Law Enforcement and any other state
58 agency that holds data related to human trafficking.
59 3. Service providers and other nongovernmental
60 organizations that serve human trafficking victims and receive
61 state or federal funding for such purpose.
62 (b) A required reporting entity that submits the data
63 required under subsection (3) to the Department of Law
64 Enforcement’s Uniform Crime Report system or Florida Incident
65 Based Reporting System may, but is not required to, submit any
66 additional data to the Statewide Data Repository for Anonymous
67 Human Trafficking Data. The Department of Law Enforcement shall
68 report to the Statewide Data Repository for Anonymous Human
69 Trafficking Data, at least quarterly, the data required under
70 subsection (3) that has been reported by a required reporting
71 entity to the department.
72 (3) A required reporting entity shall submit the following
73 data to the Statewide Data Repository for Anonymous Human
74 Trafficking Data unless such entity is exempt from the reporting
75 requirement under paragraph (2)(b):
76 (a) The alleged human trafficking offense that was
77 investigated or prosecuted and a description of the alleged
78 prohibited conduct.
79 (b) The age, gender, and race or ethnicity of each suspect
80 or defendant and victim.
81 (c) The date, time, and location of the alleged offense.
82 (d) The type of human trafficking involved, whether for
83 labor or services or commercial sexual activity.
84 (e) Any other alleged offense related to the human
85 trafficking offense that was investigated or prosecuted.
86 (f) Information regarding any victim services organization
87 or related program to which the victim was referred, if
88 available.
89 (g) The disposition of the investigation or prosecution,
90 regardless of the manner of disposition.
91 (4)(a) A required reporting entity located in a county with
92 a population of more than 500,000 must begin reporting data
93 required by this section to the Statewide Data Repository for
94 Anonymous Human Trafficking Data, or to the Department of Law
95 Enforcement as authorized under paragraph (2)(b), on or before
96 July 1, 2023, and at least quarterly each year thereafter.
97 (b) A required reporting entity located in a county with a
98 population of 500,000 or fewer must begin reporting data
99 required by this section to the Statewide Data Repository for
100 Anonymous Human Trafficking Data, or to the Department of Law
101 Enforcement as authorized under paragraph (2)(b), on or before
102 July 1, 2024, and at least biannually each year thereafter.
103 Section 3. Paragraph (b) of subsection (4) of section
104 16.618, Florida Statutes, is amended, and paragraph (f) is added
105 to that subsection, to read:
106 16.618 Direct-support organization.—
107 (4)
108 (b) Recognizing that this state hosts large-scale events,
109 including sporting events, concerts, and cultural events, which
110 generate significant tourism to this state, produce significant
111 economic revenue, and often are conduits for human trafficking,
112 the institute must develop training that is available ready for
113 statewide dissemination by not later than October 1, 2019.
114 1. Training must focus on detecting human trafficking, best
115 practices for reporting human trafficking, and the interventions
116 and treatment for survivors of human trafficking.
117 2. In developing the training, the institute shall consult
118 with law enforcement agencies, survivors of human trafficking,
119 industry representatives, tourism representatives, and other
120 interested parties. The institute also must conduct research to
121 determine the reduction in recidivism attributable to the
122 education of the harms of human trafficking for first-time
123 offenders.
124 (f) The direct-support organization shall develop training
125 for firesafety inspectors in the recognition and reporting of
126 human trafficking. Such training is eligible for continuing
127 education credit under s. 633.216(4).
128 Section 4. Paragraph (e) is added to subsection (14) of
129 section 409.175, Florida Statutes, to read:
130 409.175 Licensure of family foster homes, residential
131 child-caring agencies, and child-placing agencies; public
132 records exemption.—
133 (14)
134 (e)1. In addition to any other preservice training required
135 by law, foster parents, as a condition of licensure, and agency
136 staff must successfully complete preservice training related to
137 human trafficking which must be uniform statewide and must
138 include, but need not be limited to:
139 a. Basic information on human trafficking, such as an
140 understanding of relevant terminology, and the differences
141 between sex trafficking and labor trafficking;
142 b. Factors and knowledge on identifying children at risk of
143 human trafficking; and
144 c. Steps that should be taken to prevent at-risk youths
145 from becoming victims of human trafficking.
146 2. Foster parents, before licensure renewal, and agency
147 staff, during each full year of employment, must complete
148 inservice training related to human trafficking to satisfy the
149 training requirement under subparagraph (5)(b)7.
150 Section 5. For the purpose of incorporating the amendment
151 made by this act to section 409.175, Florida Statutes, in a
152 reference thereto, paragraph (e) of subsection (3) of section
153 63.092, Florida Statutes, is reenacted to read:
154 63.092 Report to the court of intended placement by an
155 adoption entity; at-risk placement; preliminary study.—
156 (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
157 intended adoptive home, a preliminary home study must be
158 performed by a licensed child-placing agency, a child-caring
159 agency registered under s. 409.176, a licensed professional, or
160 an agency described in s. 61.20(2), unless the adoptee is an
161 adult or the petitioner is a stepparent or a relative. If the
162 adoptee is an adult or the petitioner is a stepparent or a
163 relative, a preliminary home study may be required by the court
164 for good cause shown. The department is required to perform the
165 preliminary home study only if there is no licensed child
166 placing agency, child-caring agency registered under s. 409.176,
167 licensed professional, or agency described in s. 61.20(2), in
168 the county where the prospective adoptive parents reside. The
169 preliminary home study must be made to determine the suitability
170 of the intended adoptive parents and may be completed before
171 identification of a prospective adoptive minor. If the
172 identified prospective adoptive minor is in the custody of the
173 department, a preliminary home study must be completed within 30
174 days after it is initiated. A favorable preliminary home study
175 is valid for 1 year after the date of its completion. Upon its
176 completion, a signed copy of the home study must be provided to
177 the intended adoptive parents who were the subject of the home
178 study. A minor may not be placed in an intended adoptive home
179 before a favorable preliminary home study is completed unless
180 the adoptive home is also a licensed foster home under s.
181 409.175. The preliminary home study must include, at a minimum:
182 (e) Documentation of counseling and education of the
183 intended adoptive parents on adoptive parenting, as determined
184 by the entity conducting the preliminary home study. The
185 training specified in s. 409.175(14) shall only be required for
186 persons who adopt children from the department.
187
188 If the preliminary home study is favorable, a minor may be
189 placed in the home pending entry of the judgment of adoption. A
190 minor may not be placed in the home if the preliminary home
191 study is unfavorable. If the preliminary home study is
192 unfavorable, the adoption entity may, within 20 days after
193 receipt of a copy of the written recommendation, petition the
194 court to determine the suitability of the intended adoptive
195 home. A determination as to suitability under this subsection
196 does not act as a presumption of suitability at the final
197 hearing. In determining the suitability of the intended adoptive
198 home, the court must consider the totality of the circumstances
199 in the home. A minor may not be placed in a home in which there
200 resides any person determined by the court to be a sexual
201 predator as defined in s. 775.21 or to have been convicted of an
202 offense listed in s. 63.089(4)(b)2.
203 Section 6. This act shall take effect July 1, 2022.
204
205 ================= T I T L E A M E N D M E N T ================
206 And the title is amended as follows:
207 Delete everything before the enacting clause
208 and insert:
209 A bill to be entitled
210 An act relating to human trafficking; amending s.
211 16.617, F.S.; providing the Statewide Council on Human
212 Trafficking with an additional duty; creating s.
213 1004.343, F.S.; creating the Statewide Data Repository
214 for Anonymous Human Trafficking Data at the University
215 of South Florida; providing purposes of the data
216 repository; specifying duties of the university;
217 designating required reporting entities; requiring
218 specified information to be reported; providing
219 timeframes for reporting; amending s.