Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1690
Ì220796HÎ220796
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/27/2023 .
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The Committee on Children, Families, and Elder Affairs
(Ingoglia) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (8) of section 394.875, Florida
6 Statutes, is amended to read:
7 394.875 Crisis stabilization units, residential treatment
8 facilities, and residential treatment centers for children and
9 adolescents; authorized services; license required.—
10 (8)(a) The department, in consultation with the agency,
11 must adopt rules governing a residential treatment center for
12 children and adolescents which specify licensure standards for:
13 admission; length of stay; program and staffing; discharge and
14 discharge planning; treatment planning; seclusion, restraints,
15 and time-out; rights of patients under s. 394.459; use of
16 psychotropic medications; and standards for the operation of
17 such centers.
18 (b) Residential treatment centers for children and
19 adolescents must conspicuously place signs on their premises to
20 warn children and adolescents of the dangers of human
21 trafficking and to encourage the reporting of individuals
22 observed attempting to engage in human trafficking activity. The
23 signs must contain the telephone number for the National Human
24 Trafficking Hotline or such other number that the Department of
25 Law Enforcement uses to detect and stop human trafficking. The
26 department, in consultation with the agency, shall specify, at a
27 minimum, the content of the signs by rule.
28 Section 2. Subsections (3) and (5) of section 787.29,
29 Florida Statutes, are amended, and subsection (4) of that
30 section is republished, to read:
31 787.29 Human trafficking public awareness signs.—
32 (3)(a) The employer at each of the following establishments
33 shall display a public awareness sign developed under subsection
34 (4) in a conspicuous location that is clearly visible to the
35 public and employees of the establishment:
36 1.(a) A strip club or other adult entertainment
37 establishment.
38 2.(b) A business or establishment that offers massage or
39 bodywork services for compensation that is not owned by a health
40 care practitioner regulated pursuant to chapter 456 and defined
41 in s. 456.001.
42 (b) The county commission may adopt an ordinance to enforce
43 this subsection. A violation of this subsection is a noncriminal
44 violation and punishable by a fine only as provided in s.
45 775.083.
46 (4) The required public awareness sign must be at least 8.5
47 inches by 11 inches in size, must be printed in at least a 16
48 point type, and must state substantially the following in
49 English and Spanish:
50
51 “If you or someone you know is being forced to engage
52 in an activity and cannot leave—whether it is
53 prostitution, housework, farm work, factory work,
54 retail work, restaurant work, or any other activity
55 call the National Human Trafficking Resource Center at
56 1-888-373-7888 or text INFO or HELP to 233-733 to
57 access help and services. Victims of slavery and human
58 trafficking are protected under United States and
59 Florida law.”
60
61 (5) The county commission may adopt an ordinance to
62 enforce subsection (3). A violation of subsection (3) is a
63 noncriminal violation and punishable by a fine only as provided
64 in s. 775.083.
65 Section 3. Section 402.88, Florida Statutes, is created to
66 read:
67 402.88 Adult safe houses for adults who have been sexually
68 exploited or trafficked.—
69 (1) As used in this section the term:
70 (a) “Adult safe house” means a group residential facility
71 certified by the department under this section to care for
72 adults who have been sexually exploited or trafficked.
73 (b) “Department” means the Department of Children and
74 Families.
75 (2) The department shall establish a process to certify
76 adult safe houses that provide housing and care to adult
77 survivors of human trafficking as defined in s. 787.06. The
78 adult safe houses certified under this section must:
79 (a) Provide a facility which will serve as an adult safe
80 house to receive and house persons who are victims of human
81 trafficking. For the purpose of this section, minor children and
82 other dependents of a victim, when such dependents are partly or
83 wholly dependent on the victim for support or services, may be
84 sheltered with the victim in an adult safe house.
85 (b) Receive the annual written endorsement of local law
86 enforcement agencies.
87 (c) Provide minimum services that include, but are not
88 limited to, information and referral services, licensed
89 counseling and case management services, substance abuse
90 screening and, when necessary, access or referral to treatment,
91 temporary emergency shelter for more than 24 hours, a 24-hour
92 hotline, nonresidential outreach services, training for law
93 enforcement personnel, assessment and appropriate referral of
94 resident children, and educational services for community
95 awareness relative to the incidence of human trafficking, the
96 prevention of such crimes, and the services available for
97 persons subject to human trafficking. If a 24-hour hotline,
98 professional training, or community education is already
99 provided by an adult safe house within its designated service
100 area, the department may exempt such certification requirements
101 for a new center serving the same service area to avoid
102 duplication of services.
103 (d) Participate in the provision of orientation and
104 training programs developed for law enforcement officers, social
105 workers, and other professionals and paraprofessionals who work
106 with human trafficking victims to better enable such persons to
107 deal effectively with incidents of human trafficking.
108 (e) Provide a safe, therapeutic environment tailored to the
109 needs of commercially sexually exploited or trafficked adults
110 who have endured significant trauma. Adult safe houses shall use
111 a model of treatment that includes strength-based and trauma
112 informed approaches.
113 (f) File with the department a list of the names of the
114 human trafficking advocates who are employed or who volunteer at
115 the adult safe house who may claim a privilege under s. 90.5037
116 to refuse to disclose a confidential communication between a
117 victim of human trafficking and the advocate regarding the human
118 trafficking inflicted upon the victim. The list must include the
119 title of the position held by the advocate whose name is listed
120 and a description of the duties of that position. An adult safe
121 house shall file amendments to this list as necessary.
122 (g) Comply with rules adopted under this section.
123 (3) The department may adopt rules to implement this
124 section. The rules adopted must include health and safety
125 provisions, including but not limited to protection from
126 recruitment, to ensure that the minor children and other
127 dependents of a victim that shelter in the adult safe house
128 under paragraph (2)(a) do not become at risk of becoming, or
129 become victims of commercial sexual exploitation.
130 (4) The department shall inspect adult safe houses before
131 certification and annually thereafter to ensure compliance with
132 the requirements of this section.
133 (5) The department shall ensure the staff of each adult
134 safe house completes intensive training that, at a minimum,
135 includes the needs of victims of commercial sexual exploitation,
136 the effects of trauma and sexual exploitation, and how to
137 address victims’ needs using strength-based and trauma-informed
138 approaches. The department shall specify by rule the contents of
139 this training and may develop or contract for a standard
140 curriculum.
141 (6) If the department finds that there is failure by an
142 adult safe house to comply with the requirements established, or
143 rules adopted, under this section, the department may deny,
144 suspend, or revoke the certification of the adult safe house.
145 Section 4. Paragraphs (c) and (d) of subsection (2) of
146 section 409.1678, Florida Statutes, is amended to read:
147 409.1678 Specialized residential options for children who
148 are victims of commercial sexual exploitation.—
149 (2) CERTIFICATION OF SAFE HOUSES AND SAFE FOSTER HOMES.—
150 (c) To be certified, a safe house must hold a license as a
151 residential child-caring agency, as defined in s. 409.175, and a
152 safe foster home must hold a license as a family foster home, as
153 defined in s. 409.175. A safe house or safe foster home must
154 also:
155 1. Use strength-based and trauma-informed approaches to
156 care, to the extent possible and appropriate.
157 2. Serve exclusively one sex.
158 3. Group child victims of commercial sexual exploitation by
159 age or maturity level.
160 4. Care for child victims of commercial sexual exploitation
161 in a manner that separates those children from children with
162 other needs. Safe houses and safe foster homes may care for
163 other populations if the children who have not experienced
164 commercial sexual exploitation do not interact with children who
165 have experienced commercial sexual exploitation.
166 5. Have awake staff members on duty 24 hours a day, if a
167 safe house.
168 6.a. Provide appropriate security through facility design,
169 hardware, technology, staffing, and siting, including, but not
170 limited to, external video monitoring or door exit alarms, a
171 high staff-to-client ratio, or being situated in a remote
172 location that is isolated from major transportation centers and
173 common trafficking areas.
174 b. If a safe house, appropriate security must provide for,
175 at a minimum, the detection of possible trafficking activity
176 around a facility, coordination with law enforcement, and be
177 part of the emergency response to search for absent or missing
178 children. For a safe house to be in compliance with providing
179 appropriate security under this subparagraph, the safe house
180 must either:
181 i. Employ or contract with at least one individual that has
182 law enforcement, investigative, or other similar training, as
183 established by rule by the department; or
184 ii. Execute a contract or memorandum of understanding with
185 a law enforcement agency to perform these functions.
186 7. If a safe house, conspicuously place signs on the
187 premises to warn children of the dangers of human trafficking
188 and to encourage the reporting of individuals observed
189 attempting to engage in human trafficking activity. The signs
190 must advise children to report concerns to the local law
191 enforcement agency or the Department of Law Enforcement,
192 specifying the appropriate telephone numbers used for such
193 reports. The department shall specify, at a minimum, the content
194 of the signs by rule.
195 8. Meet other criteria established by department rule,
196 which may include, but are not limited to, personnel
197 qualifications, staffing ratios, and types of services offered.
198 (d) Safe houses and safe foster homes shall provide
199 services tailored to the needs of child victims of commercial
200 sexual exploitation and shall conduct a comprehensive assessment
201 of the service needs of each resident. In addition to the
202 services required to be provided by residential child caring
203 agencies and family foster homes, safe houses and safe foster
204 homes must provide, arrange for, or coordinate, at a minimum,
205 the following services:
206 1. Victim-witness counseling.
207 2. Family counseling.
208 3. Behavioral health care.
209 4. Treatment and intervention for sexual assault.
210 5. Education tailored to the child’s individual needs,
211 including remedial education if necessary.
212 6. Life skills and workforce training.
213 7. Mentoring by a survivor of commercial sexual
214 exploitation, if available and appropriate for the child.
215 8. Substance abuse screening and, when necessary, access to
216 treatment.
217 9. Planning services for the successful transition of each
218 child back to the community.
219 10. Activities structured in a manner that provides child
220 victims of commercial sexual exploitation with a full schedule.
221 11. Deliver age-appropriate programming to educate children
222 regarding the signs and dangers of commercial sexual
223 exploitation and how to report commercial sexual exploitation.
224 The department shall develop or approve such programming.
225 Section 5. Paragraph (b) of subsection (5) of section
226 409.175, Florida Statutes, is amended to read:
227 409.175 Licensure of family foster homes, residential
228 child-caring agencies, and child-placing agencies; public
229 records exemption.—
230 (5) The department shall adopt and amend rules for the
231 levels of licensed care associated with the licensure of family
232 foster homes, residential child-caring agencies, and child
233 placing agencies. The rules may include criteria to approve
234 waivers to licensing requirements when applying for a child
235 specific license.
236 (b) The requirements for licensure and operation of family
237 foster homes, residential child-caring agencies, and child
238 placing agencies shall include:
239 1. The operation, conduct, and maintenance of these homes
240 and agencies and the responsibility which they assume for
241 children served and the evidence of need for that service.
242 2. The provision of food, clothing, educational
243 opportunities, services, equipment, and individual supplies to
244 assure the healthy physical, emotional, and mental development
245 of the children served.
246 3. The appropriateness, safety, cleanliness, and general
247 adequacy of the premises, including fire prevention and health
248 standards, to provide for the physical comfort, care, and well
249 being of the children served.
250 4. The ratio of staff to children required to provide
251 adequate care and supervision of the children served and, in the
252 case of family foster homes, the maximum number of children in
253 the home.
254 5. The good moral character based upon screening,
255 education, training, and experience requirements for personnel
256 and family foster homes.
257 6. The department may grant exemptions from
258 disqualification from working with children or the
259 developmentally disabled as provided in s. 435.07.
260 7. The provision of preservice and inservice training for
261 all foster parents and agency staff.
262 8. Satisfactory evidence of financial ability to provide
263 care for the children in compliance with licensing requirements.
264 9. The maintenance by the agency of records pertaining to
265 admission, progress, health, and discharge of children served,
266 including written case plans and reports to the department.
267 10. The provision for parental involvement to encourage
268 preservation and strengthening of a child’s relationship with
269 the family.
270 11. The transportation safety of children served.
271 12. The provisions for safeguarding the cultural,
272 religious, and ethnic values of a child.
273 13. Provisions to safeguard the legal rights of children
274 served.
275 14. Requiring signs to be conspicuously placed on the
276 premises of facilities maintained by child-caring agencies to
277 warn children of the dangers of human trafficking and to
278 encourage the reporting of individuals observed attempting to
279 engage in human trafficking activity. The signs must advise
280 children to report concerns to the local law enforcement agency
281 or the Department of Law Enforcement, specifying the appropriate
282 telephone numbers used for such reports. The department shall
283 specify, at a minimum, the content of the signs by rule.
284 Section 6. This act shall take effect July 1, 2023.
285 ================= T I T L E A M E N D M E N T ================
286 And the title is amended as follows:
287 Delete everything before the enacting clause
288 and insert:
289 A bill to be entitled
290 An act relating to sexual exploitation and human
291 trafficking; amending s. 394.875, F.S.; requiring
292 residential treatment centers for children and
293 adolescents to place specified signage; requiring the
294 Department of Children and Families, in consultation
295 with the Agency for Health Care Administration, to
296 adopt rules; amending s. 787.29, F.S.; making
297 technical changes; creating s. 402.88, F.S.; defining
298 terms; requiring the Department of Children and
299 Families to develop a process to certify adult safe
300 houses that provide housing and care to adult
301 survivors of human trafficking; providing
302 certification requirements; authorizing rulemaking;
303 requiring the department to inspect adult safe houses
304 before certification and annually thereafter;
305 requiring the department to ensure the staff of each
306 adult safe house completes specified intensive
307 training; providing for department actions for
308 noncompliance; amending s. 409.1678, F.S.; providing
309 requirements for safe houses and safe foster homes;
310 requiring the Department of Children and Families to
311 develop or approve educational programming on
312 commercial sexual exploitation; amending s. 409.175,
313 F.S.; requiring specified signage to be placed on the
314 premises of facilities maintained by licensed child
315 caring agencies; requiring the Department of Children
316 and Families to adopt rules; providing an effective
317 date.