Florida Senate - 2023                                    SB 1546
       
       
        
       By Senator Stewart
       
       
       
       
       
       17-00838B-23                                          20231546__
    1                       A bill to be entitled`                      
    2         An act relating to human trafficking; amending s.
    3         509.098, F.S.; prohibiting an operator of a public
    4         lodging establishment from offering an hourly rate or
    5         a fraction of an hourly rate, or any combination
    6         thereof, for less than 3 hours for an accommodation;
    7         requiring that such minimum hourly rate be for a
    8         reserved and continuous block of time; revising
    9         applicability; amending s. 787.29, F.S.; requiring the
   10         employer at an athletic venue, an entertainment venue,
   11         or a convention center with a certain capacity to
   12         display a human trafficking public awareness sign in a
   13         conspicuous location that is clearly visible to the
   14         public and employees; defining the term “entertainment
   15         venue”; providing a noncriminal violation; authorizing
   16         sheriffs to identify locations appropriate for the
   17         display of public awareness signs and to display such
   18         signs as they deem appropriate; making technical
   19         changes; amending s. 943.17297, F.S.; increasing the
   20         number of training hours in identifying and
   21         investigating human trafficking which each certified
   22         law enforcement officer must successfully complete
   23         within 1 year after beginning employment; creating s.
   24         1004.343, F.S.; creating the Statewide Data Repository
   25         for Anonymous Human Trafficking Data at the University
   26         of South Florida; providing purposes of the data
   27         repository; specifying duties of the university;
   28         designating required reporting entities; requiring
   29         specified information to be reported; providing
   30         timeframes for reporting; providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Section 509.098, Florida Statutes, is amended to
   35  read:
   36         509.098 Prohibition of hourly rates.—
   37         (1) An operator of a public lodging establishment may not
   38  offer an hourly rate or a fraction of an hourly rate, or any
   39  combination thereof, for less than 3 hours for an accommodation.
   40  The minimum hourly rate of time that an operator of a public
   41  lodging establishment may offer is 3 hours, and it must be for a
   42  reserved and continuous block of time.
   43         (2) This section does not apply to:
   44         (a) An hourly rate charged by an operator of a public
   45  lodging establishment as a late checkout fee.
   46         (b)A public lodging establishment within a 1-mile radius
   47  of an airport.
   48         Section 2. Section 787.29, Florida Statutes, is amended to
   49  read:
   50         787.29 Human trafficking public awareness signs.—
   51         (1) The Department of Transportation shall display a public
   52  awareness sign developed under this section subsection (4) in
   53  every rest area, turnpike service plaza, weigh station, primary
   54  airport, passenger rail station, and welcome center in the state
   55  which is open to the public.
   56         (2) Emergency rooms shall display a public awareness sign
   57  developed under this section subsection (4) in the emergency
   58  rooms at general acute care hospitals.
   59         (3)(a) The employer at each of the following establishments
   60  shall display a public awareness sign developed under this
   61  section subsection (4) in a conspicuous location that is clearly
   62  visible to the public and employees of the establishment:
   63         1.(a) A strip club or other adult entertainment
   64  establishment.
   65         2.(b) A business or establishment that offers massage or
   66  bodywork services for compensation and that is not owned by a
   67  health care practitioner regulated pursuant to chapter 456 and
   68  defined in s. 456.001.
   69         3.An athletic venue, an entertainment venue, or a
   70  convention center capable of accommodating 5,000 or more
   71  persons. As used in this subparagraph, the term “entertainment
   72  venue” means any public facility that offers services or holds
   73  events, performances, or activities for enjoyment or amusement
   74  and is used for commercial or industrial purposes and that does
   75  not include overnight lodging or casinos but may include
   76  performing arts centers, arenas, racetracks, coliseums,
   77  auditoriums, theme or amusement parks, museums, cultural
   78  complexes, or other similar facilities.
   79         (b)A county commission may adopt an ordinance to enforce
   80  this subsection. A violation of this subsection is a noncriminal
   81  violation and is punishable only by a fine as provided in s.
   82  775.083.
   83         (4) Each sheriff may identify locations appropriate for the
   84  display of a public awareness sign developed under this section
   85  and may display such signs as he or she deems appropriate.
   86         (5) The required public awareness sign must be at least 8.5
   87  inches by 11 inches in size, must be printed in at least a 16
   88  point type, and must state substantially the following in
   89  English and Spanish:
   90  
   91         “If you or someone you know is being forced to engage
   92         in an activity and cannot leave—whether it is
   93         prostitution, housework, farm work, factory work,
   94         retail work, restaurant work, or any other activity
   95         call the National Human Trafficking Resource Center at
   96         1-888-373-7888 or text INFO or HELP to 233-733 to
   97         access help and services. Victims of slavery and human
   98         trafficking are protected under United States and
   99         Florida law.”
  100  
  101         (5) The county commission may adopt an ordinance to enforce
  102  subsection (3). A violation of subsection (3) is a noncriminal
  103  violation and punishable by a fine only as provided in s.
  104  775.083.
  105         Section 3. Section 943.17297, Florida Statutes, is amended
  106  to read:
  107         943.17297 Continuing employment training in identifying and
  108  investigating human trafficking.—Within 1 year after beginning
  109  employment, each certified law enforcement officer must
  110  successfully complete 8 4 hours of training in identifying and
  111  investigating human trafficking. Completion of the training
  112  component may count toward the 40 hours of instruction for
  113  continued employment or appointment as a law enforcement officer
  114  required under s. 943.135. This training component must be
  115  completed by current law enforcement officers by July 1, 2022.
  116  The training must be developed by the commission in consultation
  117  with the Department of Legal Affairs and the Statewide Council
  118  on Human Trafficking. If an officer fails to complete the
  119  required training, his or her certification must be placed on
  120  inactive status until the employing agency notifies the
  121  commission that the officer has completed the training.
  122         Section 4. Section 1004.343, Florida Statutes, is created
  123  to read:
  124         1004.343Statewide Data Repository for Anonymous Human
  125  Trafficking Data.—
  126         (1)There is created the Statewide Data Repository for
  127  Anonymous Human Trafficking Data. The repository shall be housed
  128  in and operated by the University of South Florida Trafficking
  129  in Persons - Risk to Resilience Lab.
  130         (a)The Statewide Data Repository for Anonymous Human
  131  Trafficking Data shall do all of the following:
  132         1.Collect and analyze anonymous human trafficking data to
  133  identify trends in human trafficking in this state over time.
  134         2.Evaluate the effectiveness of various state-funded
  135  initiatives to combat human trafficking to enable the state to
  136  make evidence-based decisions in funding future initiatives.
  137         3.Disseminate relevant data to law enforcement agencies,
  138  state agencies, and other entities to assist in combating human
  139  trafficking and apprehending and prosecuting persons responsible
  140  for conducting human trafficking.
  141         4.Evaluate the effectiveness of interventions and services
  142  provided to assist human trafficking victims.
  143         (b)The University of South Florida Trafficking in Persons
  144  – Risk to Resilience Lab shall do all of the following:
  145         1.Design, operate, maintain, and protect the integrity of
  146  the Statewide Data Repository for Anonymous Human Trafficking
  147  Data.
  148         2.Design, in consultation with the Department of Law
  149  Enforcement and other law enforcement partners, and launch a
  150  user-friendly system for efficiently reporting anonymous human
  151  trafficking data to the Statewide Data Repository for Anonymous
  152  Human Trafficking Data at no additional cost to reporting
  153  entities.
  154         3.Analyze anonymous human trafficking data to identify
  155  initiatives and interventions that are effective in combating
  156  human trafficking, apprehending and prosecuting persons
  157  responsible for conducting human trafficking, and assisting
  158  human trafficking victims.
  159         4.Work with law enforcement agencies and state agencies to
  160  report data on human trafficking investigations and prosecutions
  161  which can aid such agencies in combating human trafficking and
  162  apprehending and prosecuting persons responsible for conducting
  163  human trafficking.
  164         (2)(a)Except as provided in paragraph (b), the following
  165  agencies and entities shall report anonymous human trafficking
  166  data required under this section:
  167         1.Law enforcement agencies operating with state or local
  168  government tax proceeds, including, but not limited to,
  169  municipal police departments, county sheriffs, and state
  170  attorneys.
  171         2.The Department of Law Enforcement and any other state
  172  agency that holds data related to human trafficking.
  173         3.Service providers and other nongovernmental
  174  organizations that serve human trafficking victims and receive
  175  state or federal funding for such purpose.
  176         (b)A required reporting entity that submits the data
  177  required under subsection (3) to the Department of Law
  178  Enforcement’s Uniform Crime Report system or Florida Incident
  179  Based Reporting System may, but is not required to, submit any
  180  additional data to the Statewide Data Repository for Anonymous
  181  Human Trafficking Data. The Department of Law Enforcement shall
  182  report to the Statewide Data Repository for Anonymous Human
  183  Trafficking Data, at least quarterly, the data required under
  184  subsection (3) which has been reported by a required reporting
  185  entity to the department.
  186         (3)A required reporting entity shall submit the following
  187  data to the Statewide Data Repository for Anonymous Human
  188  Trafficking Data unless such entity is exempt from the reporting
  189  requirement under paragraph (2)(b):
  190         (a)The alleged human trafficking offense that was
  191  investigated or prosecuted and a description of the alleged
  192  prohibited conduct.
  193         (b)The age, gender, and race or ethnicity of each suspect
  194  or defendant and victim.
  195         (c)The date, time, and location of the alleged offense.
  196         (d)The type of human trafficking involved, whether for
  197  labor or services or commercial sexual activity.
  198         (e)Any other alleged offense related to the human
  199  trafficking offense that was investigated or prosecuted.
  200         (f)Information regarding any victim services organization
  201  or related program to which the victim was referred, if
  202  available.
  203         (g)The disposition of the investigation or prosecution,
  204  regardless of the manner of disposition.
  205         (4)(a)A required reporting entity located in a county with
  206  a population of more than 500,000 must begin reporting data
  207  required by this section to the Statewide Data Repository for
  208  Anonymous Human Trafficking Data, or to the Department of Law
  209  Enforcement as authorized under paragraph (2)(b), on or before
  210  July 1, 2024, and at least quarterly each year thereafter.
  211         (b)A required reporting entity located in a county with a
  212  population of 500,000 or less must begin reporting data required
  213  by this section to the Statewide Data Repository for Anonymous
  214  Human Trafficking Data, or to the Department of Law Enforcement
  215  as authorized under paragraph (2)(b), on or before July 1, 2025,
  216  and at least biannually each year thereafter.
  217         Section 5. This act shall take effect July 1, 2023.