Florida 2023 2023 Regular Session

Florida House Bill H1557 Introduced / Bill

Filed 03/06/2023

                       
 
HB 1557  	2023 
 
 
 
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A bill to be entitled 1 
An act relating to sexual exploitation and human 2 
trafficking; amending s. 787.29, F.S.; requiring the 3 
Department of Children and Families to develop age-4 
appropriate public awareness signs for display in 5 
specified locations that provide shelter and care for 6 
dependent children; providing sign requirements; 7 
making technical changes; creating s. 402.88, F.S.; 8 
defining terms; requiring the Department of Chi ldren 9 
and Families to develop a process to certify adult 10 
safe houses that provide housing and care to adult 11 
survivors of human trafficking; providing 12 
certification requirements; authorizing rulemaking; 13 
requiring the department to inspect adult safe houses 14 
before certification and annually thereafter; 15 
requiring the department to ensure the staff of each 16 
adult safe house completes specified intensive 17 
training; providing for department actions for 18 
noncompliance; amending s. 409.1678, F.S.; providing 19 
security requirements for certain group homes and safe 20 
houses; creating s. 409.16781, F.S.; requiring the 21 
Department of Children and Families to develop age -22 
appropriate educational programming for children in 23 
certain facilities concerning human trafficking; 24 
providing an effective date. 25     
 
HB 1557  	2023 
 
 
 
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 26 
Be It Enacted by the Legislature of the State of Florida: 27 
 28 
 Section 1.  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 traffic king public awareness signs. — 32 
 (3)(a) The employer at each of the following 33 
establishments shall display a public awareness sign developed 34 
under subsection (4) in a conspicuous location that is clearly 35 
visible to the public and employees of the establishm ent: 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 define d 41 
in s. 456.001. 42 
 (b)  In addition to enforcement by the Department of 43 
Children and Families, the county commission may adopt an 44 
ordinance to enforce this subsection. A violation of this 45 
subsection is a noncriminal violation and punishable by a fine 46 
only as provided in s. 775.083. 47 
 (4)  The required public awareness sign must be at least 48 
8.5 inches by 11 inches in size, must be printed in at least a 49 
16-point type, and must state substantially the following in 50     
 
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English and Spanish: 51 
 52 
"If you or someone you kno w is being forced to engage 53 
in an activity and cannot leave —whether it is 54 
prostitution, housework, farm work, factory work, 55 
retail work, restaurant work, or any other activity —56 
call the National Human Trafficking Resource Center at 57 
1-888-373-7888 or text INFO or HELP to 233-733 to 58 
access help and services. Victims of slavery and human 59 
trafficking are protected under United States and 60 
Florida law." 61 
 62 
 (5)  In conjunction with its development of educational 63 
programming on human trafficking under s. 409.16781, t he 64 
Department of Children and Families shall develop age -65 
appropriate public awareness signs on that topic for display in 66 
each emergency shelter, runaway shelter, group home, agency -67 
operated group treatment home, nonpsychiatric residential group 68 
care facility, psychiatric residential treatment facility, safe 69 
house as defined in s. 409.1678(1), and other appropriate 70 
facilities that provide shelter and care for dependent children. 71 
The department shall have the signs conspicuously placed in each 72 
such location to warn youth of the dangers of human trafficking 73 
and to encourage the reporting of individuals observed 74 
attempting to engage in human trafficking activity. The signs 75     
 
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must contain the telephone number for either the National Human 76 
Trafficking Resource Cente r or such other number that the 77 
Department of Law Enforcement uses to detect and stop human 78 
trafficking The county commission may adopt an ordinance to 79 
enforce subsection (3). A violation of subsection (3) is a 80 
noncriminal violation and punishable by a fin e only as provided 81 
in s. 775.083. 82 
 Section 2.  Section 402.88, Florida Statutes, is created to 83 
read: 84 
 402.88  Adult safe houses for adults who have been sexually 85 
exploited or trafficked. — 86 
 (1)  As used in this section the term: 87 
 (a)  "Adult safe house" means a group residential facility 88 
certified by the department under this section to care for 89 
adults who have been sexually exploited or trafficked. 90 
 (b)  "Department" means the Department of Children and 91 
Families. 92 
 (2)  The department shall establish a pr ocess to certify 93 
adult safe houses that provide housing and care to adult 94 
survivors of human trafficking as defined in s. 787.06. The 95 
adult safe houses certified under this section must: 96 
 (a)  Provide a facility which will serve as an adult safe 97 
house to receive and house persons who are victims of human 98 
trafficking. For the purpose of this section, minor children and 99 
other dependents of a victim, when such dependents are partly or 100     
 
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wholly dependent on the victim for support or services, may be 101 
sheltered with the victim in an adult safe house. 102 
 (b)  Receive the annual written endorsement of local law 103 
enforcement agencies. 104 
 (c)  Provide minimum services that include, but are not 105 
limited to, information and referral services, licensed 106 
counseling and case manage ment services, substance abuse 107 
screening and, when necessary, access or referral to treatment, 108 
temporary emergency shelter for more than 24 hours, a 24 -hour 109 
hotline, nonresidential outreach services, training for law 110 
enforcement personnel, assessment and a ppropriate referral of 111 
resident children, and educational services for community 112 
awareness relative to the incidence of human trafficking, the 113 
prevention of such crimes, and the services available for 114 
persons subject to human trafficking. If a 24 -hour hotline, 115 
professional training, or community education is already 116 
provided by an adult safe house within its designated service 117 
area, the department may exempt such certification requirements 118 
for a new center serving the same service area to avoid 119 
duplication of services. 120 
 (d)  Participate in the provision of orientation and 121 
training programs developed for law enforcement officers, social 122 
workers, and other professionals and paraprofessionals who work 123 
with human trafficking victims to better enable such persons to 124 
deal effectively with incidents of human trafficking. 125     
 
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 (e)  Provide a safe, therapeutic environment tailored to 126 
the needs of commercially sexually exploited or trafficked 127 
adults who have endured significant trauma. Adult safe houses 128 
shall use a model of treatment that includes strength -based and 129 
trauma-informed approaches. 130 
 (f)  File with the department a list of the names of the 131 
human trafficking advocates who are employed or who volunteer at 132 
the adult safe house who may claim a privilege under s. 90.5 037 133 
to refuse to disclose a confidential communication between a 134 
victim of human trafficking and the advocate regarding the human 135 
trafficking inflicted upon the victim. The list must include the 136 
title of the position held by the advocate whose name is list ed 137 
and a description of the duties of that position. An adult safe 138 
house shall file amendments to this list as necessary. 139 
 (g)  Comply with rules adopted under this section. 140 
 (3)  The department may adopt rules to implement this 141 
section. 142 
 (4)  The department shall inspect adult safe houses before 143 
certification and annually thereafter to ensure compliance with 144 
the requirements of this section. 145 
 (5)  The department shall ensure the staff of each adult 146 
safe house completes intensive training that, at a minimum , 147 
includes the needs of victims of commercial sexual exploitation, 148 
the effects of trauma and sexual exploitation, and how to 149 
address victims' needs using strength -based and trauma-informed 150     
 
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approaches. The department shall specify by rule the contents of 151 
this training and may develop or contract for a standard 152 
curriculum. 153 
 (6)  If the department finds that there is failure by an 154 
adult safe house to comply with the requirements established, or 155 
rules adopted, under this section, the department may deny, 156 
suspend, or revoke the certification of the adult safe house. 157 
 Section 3.  Paragraph (c) of subsection (2) of section 158 
409.1678, Florida Statutes, is amended to read: 159 
 409.1678  Specialized residential options for children who 160 
are victims of commercial sexual e xploitation.— 161 
 (2)  CERTIFICATION OF SAFE HOUSES AND SAFE FOSTER HOMES. — 162 
 (c)  To be certified, a safe house must hold a license as a 163 
residential child-caring agency, as defined in s. 409.175, and a 164 
safe foster home must hold a license as a family foster h ome, as 165 
defined in s. 409.175. A safe house or safe foster home must 166 
also: 167 
 1.  Use strength-based and trauma-informed approaches to 168 
care, to the extent possible and appropriate. 169 
 2.  Serve exclusively one sex. 170 
 3.  Group child victims of commercial sexual exploitation 171 
by age or maturity level. 172 
 4.  Care for child victims of commercial sexual 173 
exploitation in a manner that separates those children from 174 
children with other needs. Safe houses and safe foster homes may 175     
 
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care for other populations if the children who have not 176 
experienced commercial sexual exploitation do not interact with 177 
children who have experienced commercial sexual exploitation. 178 
 5.  Have awake staff members on duty 24 hours a day, if a 179 
safe house. 180 
 6.  Provide appropriate security through fac ility design, 181 
hardware, technology, staffing, and siting, including, but not 182 
limited to, external video monitoring or door exit alarms, a 183 
high staff-to-client ratio, or being situated in a remote 184 
location that is isolated from major transportation centers and 185 
common trafficking areas. Appropriate security must include at 186 
least one individual on staff that has law enforcement, 187 
investigative, or other similar training, as established by rule 188 
by the department, for the detection of possible trafficking 189 
activity around a facility, to be an emergency responder to look 190 
for absent or missing children, and for coordination with law 191 
enforcement. 192 
 7.  Meet other criteria established by department rule, 193 
which may include, but are not limited to, personnel 194 
qualifications, staffing ratios, and types of services offered. 195 
 Section 4.  Section 409.16781, Florida Statutes, is created 196 
to read: 197 
 409.16781  Educating children in facilities regarding human 198 
trafficking; age-appropriate educational programming. — 199 
 (1)  As used in this section the term "facility" means 200     
 
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either a licensed residential facility, as defined in s. 201 
393.063, or a safe house or safe foster home as defined in s. 202 
409.1678(1). 203 
 (2)  The department shall develop age -appropriate 204 
educational programming for facilities educating children 205 
regarding the signs and dangers of human trafficking and how to 206 
report human trafficking. 207 
 (3)  Each facility with teenage children, at least 208 
annually, shall use the department's educational programming 209 
regarding human traffic king. 210 
 Section 5.  This act shall take effect July 1, 2023. 211