Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for HB 615
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Brandes moved the following:
    1         Senate Amendment to House Amendment (365861) to Senate
    2  Amendment
    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         1004.343Statewide 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.
  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.
  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.