Florida Senate - 2024                       CS for CS for SB 796
       
       
        
       By the Committees on Criminal Justice; and Governmental
       Oversight and Accountability; and Senator Avila
       
       
       
       
       591-02984-24                                           2024796c2
    1                        A bill to be entitled                      
    2         An act relating to anti-human trafficking; amending s.
    3         16.618, F.S.; extending the future repeal date of the
    4         direct-support organization for the Statewide Council
    5         on Human Trafficking; amending ss. 394.875, 456.0341,
    6         and 480.043, F.S.; revising the hotline telephone
    7         number to be included in human trafficking awareness
    8         signs; amending s. 509.096, F.S.; deleting obsolete
    9         provisions; revising the hotline telephone number to
   10         be included in human trafficking awareness signs;
   11         amending s. 787.06, F.S.; requiring that contractors
   12         with governmental entities attest that they do not use
   13         coercion for labor or services; defining the term
   14         “governmental entity”; amending s. 787.29, F.S.;
   15         revising the hotline telephone number to be included
   16         in human trafficking awareness signs; providing an
   17         effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (12) of section 16.618, Florida
   22  Statutes, is amended to read:
   23         16.618 Direct-support organization.—
   24         (12) This section is repealed October 1, 2029 2024, unless
   25  reviewed and saved from repeal by the Legislature.
   26         Section 2. Paragraph (b) of subsection (8) of section
   27  394.875, Florida Statutes, is amended to read:
   28         394.875 Crisis stabilization units, residential treatment
   29  facilities, and residential treatment centers for children and
   30  adolescents; authorized services; license required.—
   31         (8)
   32         (b) Residential treatment centers for children and
   33  adolescents must conspicuously place signs on their premises to
   34  warn children and adolescents of the dangers of human
   35  trafficking and to encourage the reporting of individuals
   36  observed attempting to engage in human trafficking activity. The
   37  signs must contain the telephone number for the Florida Human
   38  Trafficking Hotline, 1-855-FLA-SAFE, the National Human
   39  Trafficking Hotline or such other number that the Department of
   40  Law Enforcement uses to detect and stop human trafficking. The
   41  department, in consultation with the agency, shall specify, at a
   42  minimum, the content of the signs by rule.
   43         Section 3. Subsection (3) of section 456.0341, Florida
   44  Statutes, is amended to read:
   45         456.0341 Requirements for instruction on human
   46  trafficking.—The requirements of this section apply to each
   47  person licensed or certified under chapter 457; chapter 458;
   48  chapter 459; chapter 460; chapter 461; chapter 463; chapter 465;
   49  chapter 466; part II, part III, part V, or part X of chapter
   50  468; chapter 480; or chapter 486.
   51         (3) By January 1, 2025 2021, the licensees or
   52  certificateholders shall post in their place of work in a
   53  conspicuous place accessible to employees a sign at least 11
   54  inches by 15 inches in size, printed in a clearly legible font
   55  and in at least a 32-point type, which substantially states in
   56  English and Spanish:
   57  
   58  “If you or someone you know is being forced to engage in an
   59  activity and cannot leave, whether it is prostitution,
   60  housework, farm work, factory work, retail work, restaurant
   61  work, or any other activity, call the Florida Human Trafficking
   62  Hotline, 1-855-FLA-SAFE, the National Human Trafficking Resource
   63  Center at 888-373-7888 or text INFO or HELP to 233-733 to access
   64  help and services. Victims of slavery and human trafficking are
   65  protected under United States and Florida law.”
   66         Section 4. Subsection (13) of section 480.043, Florida
   67  Statutes, is amended to read:
   68         480.043 Massage establishments; requisites; licensure;
   69  inspection; human trafficking awareness training and policies.—
   70         (13) By January 1, 2025 2021, a massage establishment shall
   71  implement a procedure for reporting suspected human trafficking
   72  to the Florida Human Trafficking Hotline, 1-855-FLA-SAFE, the
   73  National Human Trafficking Hotline or to a local law enforcement
   74  agency and shall post in a conspicuous place in the
   75  establishment which is accessible to employees a sign with the
   76  relevant provisions of the reporting procedure.
   77         Section 5. Subsections (1) and (3) of section 509.096,
   78  Florida Statutes, are amended to read:
   79         509.096 Human trafficking awareness training and policies
   80  for employees of public lodging establishments; enforcement.—
   81         (1) A public lodging establishment shall:
   82         (a) Provide annual training regarding human trafficking
   83  awareness to employees of the establishment who perform
   84  housekeeping duties in the rental units or who work at the front
   85  desk or reception area where guests ordinarily check in or check
   86  out. Such training must also be provided for new employees
   87  within 60 days after they begin their employment in those roles,
   88  or by January 1, 2021, whichever occurs later. Each employee
   89  must submit to the hiring establishment a signed and dated
   90  acknowledgment of having received the training, which the
   91  establishment must provide to the Department of Business and
   92  Professional Regulation upon request. The establishment may keep
   93  such acknowledgment electronically.
   94         (b) By January 1, 2021, Implement a procedure for the
   95  reporting of suspected human trafficking to the National Human
   96  Trafficking Hotline or to a local law enforcement agency.
   97         (c) By January 1, 2025 2021, post in a conspicuous location
   98  in the establishment which is accessible to employees a human
   99  trafficking public awareness sign at least 11 inches by 15
  100  inches in size, printed in an easily legible font and in at
  101  least 32-point type, which states in English and Spanish and any
  102  other language predominantly spoken in that area which the
  103  department deems appropriate substantially the following:
  104  
  105  “If you or someone you know is being forced to engage in an
  106  activity and cannot leave, whether it is prostitution,
  107  housework, farm work, factory work, retail work, restaurant
  108  work, or any other activity, call the Florida Human Trafficking
  109  Hotline, 1-855-FLA-SAFE, the National Human Trafficking Resource
  110  Center at 888-373-7888 or text INFO or HELP to 233-733 to access
  111  help and services. Victims of slavery and human trafficking are
  112  protected under United States and Florida law.”
  113         (3) For a violation committed on or after July 1, 2023, The
  114  division shall impose an administrative fine of $2,000 per day
  115  on a public lodging establishment that is not in compliance with
  116  this section and remit the fines to the direct-support
  117  organization established under s. 16.618, unless the division
  118  receives adequate written documentation from the public lodging
  119  establishment which provides assurance that each deficiency will
  120  be corrected within 45 days after the division provided the
  121  public lodging establishment with notice of its violation. For a
  122  second or subsequent violation of this subsection committed on
  123  or after July 1, 2023, the division may not provide a correction
  124  period to a public lodging establishment and must impose the
  125  applicable administrative fines.
  126         Section 6. Subsection (13) is added to section 787.06,
  127  Florida Statutes, to read:
  128         787.06 Human trafficking.—
  129         (13) When a contract is executed, renewed, or extended
  130  between a nongovernmental entity and a governmental entity, the
  131  nongovernmental entity must provide the governmental entity with
  132  an affidavit signed by an officer or a representative of the
  133  nongovernmental entity under penalty of perjury attesting that
  134  the nongovernmental entity does not use coercion for labor or
  135  services as defined in this section. For purposes of this
  136  subsection, the term “governmental entity” has the same meaning
  137  as in s. 287.138(1).
  138         Section 7. Subsection (4) of section 787.29, Florida
  139  Statutes, is amended to read:
  140         787.29 Human trafficking public awareness signs.—
  141         (4) The required public awareness sign must be at least 8.5
  142  inches by 11 inches in size, must be printed in at least a 16
  143  point type, and must state substantially the following in
  144  English and Spanish:
  145  
  146  “If you or someone you know is being forced to engage in an
  147  activity and cannot leave—whether it is prostitution, housework,
  148  farm work, factory work, retail work, restaurant work, or any
  149  other activity—call the Florida Human Trafficking Hotline, 1
  150  855-FLA-SAFE, the National Human Trafficking Resource Center at
  151  1-888-373-7888 or text INFO or HELP to 233-733 to access help
  152  and services. Victims of slavery and human trafficking are
  153  protected under United States and Florida law.”
  154         Section 8. This act shall take effect July 1, 2024.