This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1557f.HHS
DATE: 4/24/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/HB 1557 Sexual Exploitation and Human Trafficking
SPONSOR(S): Health & Human Services Committee, Health Care Appropriations Subcommittee, Children,
Families & Seniors Subcommittee, Salzman
TIED BILLS: IDEN./SIM. BILLS: SB 1690
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Children, Families & Seniors Subcommittee 17 Y, 0 N, As CS Brazzell Brazzell
2) Health Care Appropriations Subcommittee 14 Y, 0 N, As CS Fontaine Clark
3) Health & Human Services Committee 20 Y, 0 N, As CS Brazzell Calamas
SUMMARY ANALYSIS
Human trafficking is a form of modern-day slavery affecting young children, teenagers, and adults, who are
subjected to force, fraud, or coercion for sexual exploitation or forced labor. Sex trafficking operations often use
public lodging establishments, without the establishment operator’s knowledge. In one study, 75 percent of
human trafficking survivors reported coming into contact with hotels at some point while being trafficked. Public
lodging establishments must provide trafficking awareness training to certain employees and place human
trafficking awareness signage in certain locations.
When children cannot safely remain at home with parents, Florida’s child welfare system finds safe out-of-
home placements for children. The Department of Children and Families (DCF) licenses residential group care
placements as residential child-caring agencies that provide staffed 24-hour care for children in facilities
maintained for that purpose. Some such licensed placements are certified as safe houses for commercially
sexually exploited children; DCF also certifies safe foster homes. Safe houses and safe foster homes must
provide a safe, separate, and therapeutic environment tailored to the needs of commercially sexually exploited
children.
Presently, 13 adult safe houses serve adult survivors of human trafficking in Florida. No state agency regulates
or monitors adult safe houses.
CS/CS/HB 1557 requires:
child welfare safe houses and safe foster homes to have a trained individual on staff or under contract
to provide security services, and provide age-appropriate human trafficking awareness education to
their residents.
DCF to develop human trafficking public awareness signs, and requires certain child welfare residential
facilities to post them.
a committee of the Statewide Council on Human Trafficking to conduct a study of adult safe houses,
and, after the completion of the study, that DCF adopt rules to certify adult safe houses.
The bill also reduces the time from 90 to 45 days that a public lodging establishment has to correct a first
violation of requirements for human trafficking-related signage and employee training, and requires the
Department of Business and Professional Regulation to impose a penalty without a correction period for
subsequent violations.
The bill appropriates $75,000 in recurring funds and $388,000 in nonrecurring funds to DCF for technology
modifications necessary to implement the bill. There is no fiscal impact on local government.
The bill provides an effective date of July 1, 2023.
STORAGE NAME: h1557f.HHS PAGE: 2
DATE: 4/24/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Department of Children and Families
The mission of the Department of Children and Families (DCF) is to work in partnership with local
communities to protect the vulnerable, promote strong and economically self-sufficient families, and
advance personal and family recovery and resiliency.
1
Under s. 20.19(4), F.S., DCF must provide services relating to:
Adult protection.
Child care regulation.
Child welfare.
Domestic violence.
Economic self-sufficiency.
Homelessness.
Mental health.
Refugees.
Substance abuse.
DCF must also deliver services by contract through private providers to the extent allowed by law and
funding.
2
These private providers include community-based care lead agencies (CBCs) delivering child
welfare services and managing entities (MEs) delivering behavioral health services.
Florida’s Child Welfare System
Chapter 39, F.S., creates the dependency system charged with protecting child welfare. Florida’s
dependency system identifies children and families in need of services through reports to the central
abuse hotline and child protective investigations. DCF and the 18 CBCs throughout Florida
3
work with
those families to address the problems endangering children, if possible. If the problems are not
addressed, the child welfare system finds safe out-of-home placements for these children.
DCF’s practice model is based on the safety of the child within the home by using in-home services,
such as parenting coaching and counseling, to maintain and strengthen that child’s natural supports in
his or her environment.
DCF contracts with CBCs for case management, out-of-home services, and related services. The
outsourced provision of child welfare services is intended to increase local community ownership of
service delivery and design. CBCs contract with a number of subcontractors for case management and
direct care services to children and their families.
DCF remains responsible for a number of child welfare functions, including operating the central abuse
hotline, performing child protective investigations, and providing children’s legal services.
4
Ultimately,
DCF is responsible for program oversight and the overall performance of the child welfare system.
5
1
S. 20.19(1), F.S.
2
Id.
3
These 17 CBCs together serve the state’s 20 judicial circuits.
4
Ch. 39, F.S.
5
Id. STORAGE NAME: h1557f.HHS PAGE: 3
DATE: 4/24/2023
Human Trafficking
Human trafficking is a form of modern-day slavery affecting young children, teenagers, and adults, who
are subjected to force, fraud, or coercion for sexual exploitation or forced labor.
6
In 2004, the Florida
Legislature criminalized human trafficking and unlawfully obtaining labor or services.
7
Florida statute
defines “human trafficking” as the “transporting, soliciting, recruiting, harboring, providing, enticing,
maintaining, purchasing, patronizing, procuring, or obtaining of another person for the purpose of
exploitation of that person.”
8
Under current law, any person who knowingly engages in human
trafficking commits a first-degree or life felony, depending on the nature of the offense.
9
Human
trafficking is typically classified as either forced labor or commercial sexual exploitation.
Forced Labor
Forced labor occurs when an individual knowingly provides or obtains the labor or services of a person
by means of:
Force, threats of force, physical restraint, or threats of physical restraint to that person or another
person;
Serious harm or threats of serious harm to that person or another person;
Abuse or threatened abuse of law or legal process; or
Any scheme, plan, or pattern intended to cause the person to believe that, if that person did not
perform such labor or services, that person or another person would suffer serious harm or physical
restraint.
10
Forced labor can exist in domestic servitude, restaurant work, janitorial work, sweatshop factory work,
and migrant agricultural work.
11
Commercial Sexual Exploitation
Commercial sexual exploitation is a form of human trafficking where the trafficker involves the victim in
commercial sex acts such as prostitution and pornography as a means for the perpetrator to make
money.
12
Both adults and children can be victims of these acts.
13
The U.S. Department of Justice
estimates that as many as 300,000 children in the United States are at risk for commercial sexual
exploitation.
14
In cases of commercial sex trafficking of minors, traffickers or pimps often operate as the primary
domestic sex traffickers and target particularly vulnerable youth, such as runaway and homeless
youth.
15
Pimps may engage in a “grooming” process where a child is showered with gifts, treats, and
compliments in order to earn his or her trust though they can also use violence and intimidation.
16
Often
the children have low self-esteem and may live in high-crime environments or in poverty, or have past
childhood trauma which may include sexual or physical abuse.
17
Traffickers may take on a role of
protector to maintain control of the child, create confusion, and develop a connection or attachment,
6
US. Department of Health & Human Services, Office of Trafficking in Persons, Fact Sheet: Human Trafficking,
https://www.acf.hhs.gov/otip/fact-sheet/resource/fshumantrafficking (accessed April 24, 2023).
7
S. 787.06, F.S.
8
Id.
9
Id.
10
18 U.S.C. s. 1589.
11
S. 787.06, F.S.
12
The federal Trafficking Victims Protection Act defines “commercial sex act” as any sex act on account of which anything of value is
given to or received by any person. 22 U.S.C. s. 7102(4).
13
S. 787.06, F.S.
14
U.S. Department of Justice, Office of Justice Programs, OJP Fact Sheet, Fast Facts, (Dec. 2011),
http://ojp.gov/newsroom/factsheets/ojpfs_humantrafficking.html (last visited March 16, 2023).
15
U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention, Commercial Sexual Exploitation of Children and
Sex Trafficking, available at https://ojjdp.ojp.gov/model-programs-guide/literature-
reviews/commercial_sexual_exploitation_of_children_and_sex_trafficking.pdf (last viewed Mar. 16, 2023).
16
Id.
17
Id. STORAGE NAME: h1557f.HHS PAGE: 4
DATE: 4/24/2023
which may include the child feeling a sense of loyalty to or love for the trafficker. This connection, or
traumatic bond, becomes especially intense when fear of the trafficker is paired with gratitude for any
kindness shown. Psychologists and clinicians call this phenomenon “trauma bonding.”
18
Although
definitions vary, the most common meaning of trauma bonding is when a trafficker uses rewards and
punishments within cycles of abuse to foster a powerful emotional connection with the victim.
19
While
this is a common way that commercial sexual exploitation occurs, some children are commercially
sexually exploited by family members or organized networks.
20
Child Sexual Exploitation in Florida
It is difficult to obtain an accurate count of commercial sexual exploitation (CSE) victims who are
children because these victims are not readily identifiable.
21
CSE victims do not have immediately
recognizable characteristics, many do not have identification, and they are often physically or
psychologically controlled by adult traffickers; as such, they rarely disclose or provide information on
exploitation.
22
Section 39.01(77)(g), F.S., provides the definition for sexual abuse of a child, which includes sexual
exploitation of a child, defined as the act of a child offering to engage in or engaging in prostitution, or
the act of allowing, encouraging, or forcing a child to solicit for or engage in prostitution; engage in a
sexual performance, as defined by chapter 827; or participate in the trade of human trafficking as
provided in s. 787.06(3)(g), F.S. For calendar year 2021, DCF verified 377 child victims of commercial
sexual exploitation from 3,182 reports alleging commercial sexual exploitation made to the hotline.
23
Of
the reports that were referred for investigation, most came from the Department of Juvenile Justice
(DJJ), the Department of Corrections, or criminal justice personnel and law enforcement.
24
Of the 377
verified commercially sexually exploited children, 25% were in out-of-home care, including the care of
relatives or in foster homes, residential group care, or residential treatment centers.
25
Connection between Children’s Placement in Foster Care and Human Trafficking
A substantial minority of children in foster care abscond from their placement at least once. A study
using data on children in Florida’s child welfare system from 2011-2017 indicated that 19% of children
ran away at least once. A study of several midwestern states reported that nearly half of youth who had
been in foster care reported running away. Another study of girls in foster care (with a small sample
size of 44) found that 44% cited running away as their pathway to commercial sexual exploitation,
compared to other reasons such as recruitment by another child in foster care (26%), and recruited by
noncustodial parent (19%).
26
In a brief from the U.S. Department of Health and Human Services’ Office of
Planning, Research, and Evaluation:
Several factors may increase vulnerability to trafficking victimization
among youth who run from foster care. Many researchers have theorized
18
U.S. Department of State, Office to Monitor and Combat Trafficking in Persons, Trauma Bonding in Human Trafficking, June 2020,
https://www.state.gov/wp-content/uploads/2020/10/TIP_Factsheet-Trauma-Bonding-in-Human-Trafficking-508.pdf (last viewed Apr. 10,
2023).
19
Id.
20
Polaris, Child Sex Trafficking, https://polarisproject.org/child-sex-trafficking/ (last visited Apr. 10, 2023).
21
The Florida Legislature Office of Program Policy Analysis & Government Accountability, Placement Challenges Persist for Child
Victims of Commercial Sexual Exploitation; Questions Regarding Effective Interventions and Outcomes Remain, (Jul. 2016), available
at https://oppaga.fl.gov/Products/ReportDetail?rn=16-04 (last visited March 16, 2023).
22
Supra note 15.
23
OPPAGA, Annual Report on the Commercial Sexual Exploitation of Children in Florida, 2022, Report 22-05, July 2022, pp. i and 2.
24
Id.
25
Id., p. 4.
26
Latzman, N. E., & Gibbs, D. (2020). Examining the link: Foster care runaway episodes and human trafficking. OPRE Report No.
2020-143. Washington, DC: Office of Planning, Research, and Evaluation, Administration for Children and Families, U.S. Department of
Health and Human Services,
https://www.acf.hhs.gov/sites/default/files/documents/opre/foster_care_runaway_human_trafficking_october_2020_508.pdf (last viewed
Apr. 10, 2023). STORAGE NAME: h1557f.HHS PAGE: 5
DATE: 4/24/2023
that youth absent from foster care are even more vulnerable to human
trafficking than other runaways because they may not only lack
resources for basic needs but may also have fewer social resources or
family relationships to which they can turn. . . Anecdotal reports from
service providers indicate that pimps and others who facilitate trafficking
of youth specifically target youth in foster care by offering housing,
money, drugs, and alcohol. However, this link has not yet been
established in data from law enforcement or child welfare agencies.”
27
Residential Care for Children
When children cannot safely remain at home with parents, Florida’s child welfare system finds safe out-
of-home placements for children. As of January 31, 2023, there were 20,900 children in out-of-home
care.
28
Out-of-home placement options must be considered in the following order:
Nonoffending parent.
Relative caregiver.
Adoptive parent of the child’s sibling, when the department or community-based care lead
agency is aware of such sibling.
Fictive kin with a close existing relationship to the child.
Nonrelative caregiver that does not have an existing relationship with the child.
Licensed foster care.
Group or congregate care.
29
Residential Care Licensed by DCF
DCF licenses residential group care placements as residential child-caring agencies
30
that provide
staffed 24-hour care for children in facilities maintained for that purpose.
31
These include, but are not
limited to, maternity homes, runaway shelters, group homes, emergency shelters,
32
and at-risk houses.
As of January 2023, 1,797 children were in a residential group care placement, as depicted below (the
blue shading indicates the total number of children in licensed care, which includes licensed foster
homes).
33
27
Id.
28
Department of Children and Families, Office of Child and Family Well-Being Dashboard, Children in Out-of-Home Care Monthly
Trend https://www2.myflfamilies.com/service-programs/child-welfare/dashboard/index2.shtml (last visited Apr. 10, 2023).
29
S. 39.4021(2), F.S.
30
S. 409.175, F.S.
31
Id.
32
Id.
33
Department of Children and Families, Child Welfare Key Indicators Monthly Report, Feb. 2023, p. 50, [hereinafter DCF]
https://www2.myflfamilies.com/service-programs/child-welfare/kids/results-oriented-
accountability/performanceManagement/docs/KI_Monthly_Report_Jan2023.pdf (last viewed Apr. 10, 2023). STORAGE NAME: h1557f.HHS PAGE: 6
DATE: 4/24/2023
At-Risk Houses
At-Risk Houses are group care homes that are certified to serve children considered to be at-risk for
sex trafficking. Children are deemed to be “at risk of sex trafficking” if they have experienced trauma,
such as abuse, neglect, and/or maltreatment, and present one or more of the accompanying risk
factors: history of running away and/or homelessness; history of sexual abuse and/or sexually acting
out behavior; inappropriate interpersonal and/or social media boundaries; family history of or exposure
to human trafficking; or, out-of-home placement instability demonstrated by repeated moves from less
restrictive levels of care. There are currently 157 At-Risk Houses licensed by DCF to provide services
to youth who are at risk of sex trafficking.
34
Safe Homes and Houses for Children
Section 409.1678, F.S., authorizes DCF to certify safe foster homes and safe houses for children;
these homes must be certified by the department to have those titles.
35
Safe houses and safe foster
homes must provide a safe, separate, and therapeutic environment tailored to the needs of
commercially sexually exploited children who have endured significant trauma and are not eligible for
relief and benefits under the federal Trafficking Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
36
To be certified, a safe house must hold a license as a residential child-caring agency and a safe foster
home must hold a license as a family foster home. They must also:
34
Department of Children and Families, Agency Analysis of 2023 HB 1557, p. 3 (March 14, 2023).
35
S. 409.1678(2)(b), F.S.
36
S. 409.1678(2)(a), F.S. STORAGE NAME: h1557f.HHS PAGE: 7
DATE: 4/24/2023
Use strength-based and trauma-informed approaches to care, to the extent possible and
appropriate.
Serve exclusively one sex.
Group child victims of commercial sexual exploitation by age or maturity level.
Care for child victims of commercial sexual exploitation in a manner that separates those
children from children with other needs. Safe houses and safe foster homes may care for other
populations if the children who have not experienced commercial sexual exploitation do not
interact with children who have experienced commercial sexual exploitation.
Have awake staff members on duty 24 hours a day, if a safe house.
Provide appropriate security through facility design, hardware, technology, staffing, and siting,
including, but not limited to, external video monitoring or door exit alarms, a high staff-to-client
ratio, or being situated in a remote location that is isolated from major transportation centers
and common trafficking areas.
Meet other criteria established by department rule, which may include, but are not limited to,
personnel qualifications, staffing ratios, and types of services offered.
37
Information about safe houses, safe foster homes, or other residential facilities serving child victims of
commercial sexual exploitation is protected through a public records exemption.
38
As of May 2022, there were 6 safe houses and 21 safe foster homes in Florida with the capacity to
place 63 children.
39
Placement of Verified Child Victims of Commercial Sexual Exploitation
Not all children who are verified victims of commercial sexual exploitation are placed in a safe house
or safe foster home. This happens for a variety of reasons, such as:
It was not a recommended level of care for the child, as the child needed to be placed in a
substance abuse treatment program or mental health facility.
The child was placed in a DJJ commitment program.
The child is on runaway status.
The child is referred to specialized non-residential services.
40
Sometimes children are not placed in a safe house despite there being available beds. According to
DCF:
Although the number of identified child survivor of human trafficking is higher
than the number of beds available in safe houses, these beds may not always be
filled because decisions to place each child are based on the existing make-up of
current safe house residents and the individual’s specific needs. The complexity
of the residents’ needs may limit the number of youth a safe home accepts at any
given time. Occasionally, there is a decision to not introduce too many new youth
into a home over a short period of time to ensure adequate assimilation of new
youth into the program and consistent and stable staff engagement with the
existing youth . . . Limitations on placement can include factors such as gang
affiliation and commonality of exploiter—meaning these types of factors must be
considered in determining placement and the current population of the safe
house or CSEC program. Youth who have a shared gang affiliation or a
conflicting gang affiliation, or youth who have shared exploiters, often cannot be
placed together due to the degree of conflict it may cause in the home. Safe
homes frequently refuse youth who engage in recruitment activity, who display a
37
S. 409.1678(2)(c), F.S.
38
S. 409.1678(6)(b), F.S.
39
OPPAGA, supra note 23, at 7.
40
Department of Children and Families, Human Trafficking of Children Annual Report, Oct. 1, 2022, p. 12
(https://www.myflfamilies.com/sites/default/files/2023-02/Human_Trafficking_Report_2021-22.pdf (last viewed Apr. 10, 2023). STORAGE NAME: h1557f.HHS PAGE: 8
DATE: 4/24/2023
significant history of violence, or who have complex unmet needs such as active
drug use or non-compliance with mental health treatment.
41
This means that children who are victims of commercial sexual exploitation may be placed in
a variety of settings. In FY 2021-22, 505 children were evaluated for placement in a safe
house or safe foster home; of these children, 51 (12%) were placed in a safe house or safe
foster home.
42
Residential Treatment Centers
Residential Treatment Centers (RTCs) are licensed by the Agency for Health Care Administration
(AHCA) though the centers must also follow rules adopted by DCF. RTC’s also include hospitals
licensed under ch. 395, F.S., that provide residential mental health treatment. RTC’s serve all children,
whether they are found dependent or are not in the child welfare system.
Safe Houses for Adult Survivors of Human Trafficking
Presently, 13 adult safe houses serve adult survivors of human trafficking. Of these, two allow for the
survivor’s minor children to also reside in the home. DCF does not regulate or monitor any of the 13
adult safe houses
43
and statute provides no framework for any agency to do so.
While there is no certification or licensure for homes serving adult victims, s. 787.06(10), F.S., makes
confidential and exempt information about the location of a residential facility offering services for adult
victims of human trafficking involving commercial sexual activity; however, the information may be
disclosed as provided in the exemption.
Human Trafficking Victim Advocate Communication
To qualify as a human trafficking victim advocate or trained volunteer, an individual in a relevant
position must receive 24 hours of human trafficking training delivered by the Office of the Attorney
General, the Bureau of Criminal Justice Programs and Victim Services, and the Florida Crime
Prevention Training Institute; and then, within 3 years, complete an 8-hour human trafficking update
course.
44
Section 90.5037, F.S., makes communications between a human trafficking victim advocate or trained
volunteer
45
and a human trafficking victim
46
confidential if not intended to be disclosed to third persons
other than those specified in law.
47
Additionally, the bill grants a human trafficking victim a privilege to refuse to disclose, and to prevent
any other person from disclosing, a confidential communication made by the human trafficking victim to
a human trafficking victim advocate or trained volunteer or a record made in the course of advising,
counseling, or providing services to the human trafficking victim. Such confidential communication or
41
Id., at 6 and 13.
42
Id., at 12.
43
DCF, supra note 34, at 2.
44
S. 90.6037(5), F.S.
45
“Human trafficking victim advocate” means an employee of an anti-human trafficking organization whose primary purpose is to
provide advice, counseling, or services to human trafficking victims, and “trained volunteer” means a person who volunteers with an
anti-human trafficking organization; both must have complied with the specified training requirements. S. 90.5037(1)(c) and (d),
respectively.
46
“Human trafficking victim” means a person who consults a human trafficking victim advocate or a trained volunteer for the purpose of
securing advice, counseling, or services concerning a need arising from an experience of human trafficking exploitation. S.
90.5037(1)(b).
47
The specified individuals are those persons present to further the interest of the human trafficking victim in the consultation,
examination, or interview, those persons necessary for the transmission of the communication, and those persons to whom disclosure
is reasonably necessary to accomplish the purposes for which the human trafficking victim advocate or trained volunteer is consulted.
STORAGE NAME: h1557f.HHS PAGE: 9
DATE: 4/24/2023
record may be disclosed only with the prior written consent of the human trafficking victim. This
privilege includes any advice given by the human trafficking victim advocate or trained volunteer to the
human trafficking victim in the course of that relationship.
The privilege may be claimed by:
The human trafficking victim or the human trafficking victim’s attorney on his or her behalf.
The guardian or conservator of the human trafficking victim.
The personal representative of a deceased human trafficking victim.
The human trafficking victim advocate or trained volunteer, but only on behalf of the human
trafficking victim. The authority of a human trafficking victim advocate or trained volunteer to
claim the privilege is presumed in the absence of evidence to the contrary.
Human Trafficking Public Awareness Signs
Section 787.29, F.S., requires the display of human trafficking public awareness signs as follows:
In every rest area, turnpike service plaza, weigh station, primary airport, passenger rail station,
and welcome center open to the public.
48
Emergency rooms at general acute care hospitals.
49
A strip club or other adult entertainment establishment.
50
A business or establishment that offers massage or bodywork services for compensation that is
not owned by a health care practitioner.
51
The public awareness signs must be at least 8.5 inches by 11 inches in size, must be printed
in at least 16-point type, and must state substantially the following in English and Spanish:
If you or someone you know is being forced to engage in an activity and cannot
leave-whether it is prostitution, housework, farm work, factory work, retail work,
restaurant work, or any other activity-call the National Human Trafficking
Resource Center at 1-888-373-7888 or text INFO or HELP to 233-733 to access
help and services. Victims of human trafficking are protected under United States
and Florida law.
52
The county commission may adopt an ordinance to enforce the posting of signs by strip clubs, adult
entertainment establishments, and businesses or establishments offering massage or bodywork
services. A violation is a noncriminal violation punishable by a fine not to exceed $500.
53
The phone number 1-888-373-7888 is the National Human Trafficking Hotline (hotline). It is a national,
toll-free hotline, available to answer calls, texts, emails, and live chats from anywhere in the United
States, 24 hours a day, 7 days a week, in more than 200 languages. The hotline connects human
trafficking victims and survivors to critical support and services to get help and stay safe, including the
opportunity to speak with specially-trained advocates. The Trafficking Hotline has been operated since
2007 by Polaris, a non-profit, non-governmental organization. The U.S. Department of Health and
Human Services and other private donors and supporters provide funding for the hotline.
54
Statewide Council on Human Trafficking
The Statewide Council on Human Trafficking, established within the Department of Legal Affairs,
promotes the development and coordination of state and local law enforcement and social services
48
S. 787.29(1), F.S.
49
S. 787.29(2), F.S.
50
S. 787.29(3)(a), F.S.
51
S. 787.29(3)(b), F.S
52
S. 787.29(4), F.S
53
S. 787.29(5), F.S
54
Polaris, The National Human Trafficking Hotline, https://polarisproject.org/national-human-trafficking-hotline/ (accessed March 16,
2023). STORAGE NAME: h1557f.HHS PAGE: 10
DATE: 4/24/2023
responses to fight commercial sexual exploitation and to support victims.
55
It comprises 15 members,
including appointees of the Governor and the Attorney General, a member each from the House of
Representatives and Senate, seven state agency heads or their designees, a sheriff, and an elected
state attorney. The Attorney General serves as chair.
56
The council must:
Develop recommendations for comprehensive programs and services including
recommendations for certification of safe houses and safe foster homes.
Assess the frequency and extent to which social media platforms are used to assist, facilitate,
or support human trafficking within Florida; establish a process to detect such use on a
consistent basis; and make recommendations on how to stop, reduce, or prevent social media
platforms from being used for such purposes.
Make recommendations for apprehending and prosecuting traffickers and enhancing
coordination of responses.
Hold an annual statewide policy summit with an institution of higher learning.
Work with the Department of Children and Families to create and maintain an inventory of
human trafficking programs and services in our state.
Develop overall policy recommendations.
57
The council has four working committees, including the:
Services and Resources Committee, chaired by DCF Secretary Shevaun Harris; this
committee examines enhancement of victim safety and recovery.
Criminal Justice Committee, chaired by Hillsborough County Sheriff Chad Chronister; this
committee explores methods of enhancing law enforcement tools, resources, and training.
Legislative and Special Initiatives Committee, chaired by Lieutenant Governor Jeanette Nuñez;
this committee addresses legislative priorities and special initiatives, such as increasing public
awareness of human trafficking.
Education and Awareness Committee, chaired by Jennifer Collins; this committee explores
projects to spread awareness and educate the public about human trafficking and how to
report it.
58
Human Trafficking and Public Lodging Establishments
The Division of Hotels and Restaurants (Division) is a division within the Department of Business and
Professional Regulation (DBPR) that licenses, inspects, and regulates public lodging and food service
establishments pursuant to ch. 509, F.S.
59
The term “public lodging establishment” includes both
transient
60
and nontransient
61
public lodging establishments. There are currently 63,690 public lodging
55
S. 16.671(1), F.S.
56
S. 16.617(2), F.S.
57
Office of the Attorney General, Statewide Council on Human Trafficking: Introduction
http://myfloridalegal.com/pages.nsf/main/8aea5858b1253d0d85257d34005afa72 (accessed April 22, 2023).
58
Statewide Council on Human Trafficking Florida, Department of Legal Affairs, Annual Report 2022, p. 7,
http://myfloridalegal.com/webfiles.nsf/WF/MNOS-CKLQYN/$file/2022HumanTraffickingAnnualReportFINAL.pdf (accessed April 24,
2023).
59
Sections 509.013 and 509.032, F.S.
60
“Transient public lodging establishment” means any unit, group of units, dwelling, building, or group of buildings within a
single complex of buildings which is rented to guests more than three times in a calendar year for periods of less than 30 days or 1
calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests.
Section 509.013(4)(a)1., F.S.
61
“Nontransient public lodging establishment” means any unit, group of units, dwelling, building, or group of buildings within a single
complex of buildings which is rented to guests for periods of at least 30 days or 1 calendar month, whichever is less, or which is
advertised or held out to the public as a place regularly rented to guests for periods of at least 30 days or 1 calendar month. Section
509.013(4)(a)2., F.S. STORAGE NAME: h1557f.HHS PAGE: 11
DATE: 4/24/2023
establishments that are licensed by the Division.
62
The following are classified as public lodging
establishments
63
:
Hotels.
Motels.
Vacation rentals.
Nontransient apartments.
Transient apartments.
Bed and breakfast inns.
64
Public lodging establishments must be licensed and inspected by the Division and are subject to
sanitary standards, staff training and test requirements, administrative rules, and immediate
closure upon a finding that continued operation presents a severe and immediate threat to the
public health.
65
Public lodging establishments can be attractive locations for human traffickers,
due to the privacy and anonymity afforded.
66
Sex trafficking operations are often set up in public
lodging establishments via online advertising, without the establishment operator’s knowledge.
67
The
use of websites to communicate and arrange meeting times and locations enable those involved in the
operation to remain anonymous.
68
In a 10 year review, from December 2007 to December 2017, the
National Human Trafficking Hotline (HT Hotline) recorded 3,596 cases of human trafficking involving a
hotel or motel. Additionally, 75 percent of human trafficking survivors reported coming into contact with
hotels at some point while being trafficked.
69
The Division has emphasized the importance of educating staff at public lodging establishments
on signs of trafficking activity, such as:
Signs of physical abuse or malnourishment;
Person seems coached or controlled;
Victim rarely left alone;
Suspicious tattoos or branding on victim;
Living conditions unsuitable;
Victim demeaned or treated aggressively;
Accompanied by older male;
Avoids interaction with others;
“Do not Disturb” sign used constantly;
Receives lots of visitors;
Pays for room with cash;
Dresses inappropriately or provocatively;
Few personal belongings;
Refuses cleaning services;
Room smells of bodily fluids and musk;
Lots of cash in room;
Alcohol and/or drugs in room; and
62
The Department of Business and Professional Regulation (DBPR), Division of Hotels & Restaurants Annual Report 2021- 22, p. 8,
http://www.myfloridalicense.com/dbpr/hr/reports/annualreports/documents/ar2021_22.pdf (last visited April 24, 2023).
63
Section 509.242(1)(a)-(g), F.S., sets out criteria that must be met in order for an establishment to be classified as a public lodging
establishment pursuant to ch. 509, F.S.
64
Id.
65
See ss. 509.032 and 509.035, F.S
66
The Department of Homeland Security, Blue Campaign, Human Trafficking Response Guide, p. 2,
https://www.dhs.gov/sites/default/files/2022-10/Hospitality%20Toolkit%20508c%2009_29_2022.pdf (last visited April 24, 2023).
67
The DBRP, Division of Hotels and Restaurants, Human Trafficking Information Sheet, (March 22, 2016)
http://www.myfloridalicense.com/dbpr/hr/forms/documents/5022_104.pdf (last visited April 24, 2023).
68
National Human Trafficking Hotline, Hotel/Motel-Based, https://humantraffickinghotline.org/en/sex-trafficking-
venuesindustries/hotelmotel-based (last visited April 24, 2023).
69
Polaris, On-Ramps, Intersections, and Exit Routes: A Roadmap for Systems and Industries to Prevent and Disrupt Human
Trafficking, (July 2018) https://polarisproject.org/resources/on-ramps-intersections-and-exit-routes-a-roadmap-for-systems-and-
industries-to-prevent-and-disrupt-human-trafficking/ (last visited April 24, 2023). STORAGE NAME: h1557f.HHS PAGE: 12
DATE: 4/24/2023
Room monitored outside or in hallway.
70
Human Trafficking Awareness in Public Lodging Establishments
In 2019, the Legislature required a public lodging establishment to create and implement human
trafficking awareness training and policies for employees of the establishment who perform
housekeeping duties in the rental units or who work at the front desk or reception area where
guests ordinarily check-in or check out.
71
A public lodging establishment must:
Provide annual training regarding human trafficking awareness to employees who perform
housekeeping duties or work at the front desk within 60 days after beginning employment, or
by January 1, 2021, whichever occurs later. Proof of such employee training must be
provided to the Division upon request;
Implement a procedure for the reporting of suspected human trafficking to the HT Hotline or
to a local law enforcement agency by January 1, 2021; and
Post a sign with the relevant provisions of the reporting procedure in a conspicuous place in
the establishment that is accessible to employees by January 1, 2021.
72
Such training must include:
The definition of human trafficking and the differences between sex trafficking and labor
trafficking;
Guidance specific to the public lodging sector on how to identify individuals who may be
victims of human trafficking; and
Guidance on the role of the employees of a public lodging establishment in reporting and
responding to suspected human trafficking.
73
The training must be submitted to and approved by the Division before being provided to
employees. The Division must impose administrative fines of $2,000 per day against a public
lodging establishment that is not in compliance with statute, unless there are written assurances
that each deficiency will be corrected within 90 days of the notice of violation.
74
Effect of Proposed Changes
DCF-Regulated Housing
Safe Foster Homes and Safe Houses for Children
The bill requires safe houses for dependent children who are survivors of commercial sexual
exploitation to provide appropriate security that includes, at a minimum, the detection of possible
trafficking activity around the facility, an emergency response to search for absent or missing children,
and coordination with law enforcement through either:
70
Supra, note 67.
71
Chapter 2019-152 s. 6, L.O.F.; codified as s. 509.096, F.S.
72
Section 509.096(1), F.S.
73
Section 509.096(2), F.S.
74
Section 509.096(3), F.S. STORAGE NAME: h1557f.HHS PAGE: 13
DATE: 4/24/2023
At least one individual who is an employee or contractor of the safe house who has law
enforcement, investigative, or other similar training, as established by rule by DCF; or
A memorandum of understanding or a contract with a law enforcement agency for these
functions.
Safe houses and safe foster homes must use DCF’s age-appropriate programming regarding the signs
and dangers of human trafficking.
DCF-Licensed Child-Caring Agencies
The bill requires child-caring agencies licensed by DCF to place signs conspicuously on the premises
of facilities maintained by child-caring agencies to warn children of the dangers of human trafficking
and to encourage reporting of individuals observed attempting to engage in human trafficking activity.
The signs must advise children to report concerns to the local law enforcement agency or the
Department of Law Enforcement, specifying the appropriate telephone numbers used for such reports.
The DCF shall specify, at a minimum, the content of the signs by rule.
The bill adds a similar requirement for residential treatment centers serving children and adolescents,
except that the signs must contain the number for the Human Trafficking Hotline instead of the local law
enforcement telephone number, and requires DCF to consult with AHCA regarding the adoption of
rules.
Safe Houses for Adults
CS/CS/HB 1557 requires the Services and Resources Committee of the Statewide Council on Human
Trafficking to conduct a study and make recommendations regarding the regulation of adult safe
houses, with administrative and staff support from DCF.
The study involves several components, as follows:
A survey of operators of existing adult safe houses in the state on the following information
regarding their operation. The information may be obtained and presented on a categorical or
high-level basis, as appropriate.
o The number of adult safe houses in Florida and the regions of the state where they are
located.
o The number of beds in adult safe houses and number of individuals served per year.
o The policies and criteria regarding which adult survivors of human trafficking may be
served and the processes for intake and discharge, such as for how referrals are
received.
o The amount of revenues supporting adult safe house operation and the sources of such
funds, including but not limited to the amount of state and federal funds received and the
specific source of such state and federal funds.
o Services and supports provided to adult survivors of human trafficking directly by the
adult safe house and services to which residents are referred, including while they are
residing in the adult safe house and after transitioning out of the adult safe house.
o Training requirements for staff and volunteers.
o The nature of and mechanisms for coordination with law enforcement.
o Whether the adult safe houses allow children of adult survivors of human trafficking to
also reside in the houses, and if so, policies regarding their residence in the house and
services directly provided to them or to which they may be referred.
o Policies of adult safe houses that ensure that adult survivors of human trafficking are
served in a respectful and trauma-informed manner.
o Challenges faced by adult safe houses in providing a safe and therapeutic environment
that is trauma-informed and in providing services to residents and their children.
o Any accreditations held by adult safe houses, external standards promulgated by outside
bodies that houses meet, or other industry certifications held by adult safe houses.
o Identification of ineffective or problematic practices in existing adult safe houses in the
state and recommendations regarding minimum standards for regulation. STORAGE NAME: h1557f.HHS PAGE: 14
DATE: 4/24/2023
Identification and review of standards recommended by national organizations or experts
specializing in adult safe house service provision or shelter or housing for adult survivors of
human trafficking.
Obtaining recommendations from adult survivors of human trafficking and law enforcement
agencies regarding regulation of adult safe homes.
Recommendations for regulation of adult safe houses in Florida based on, at a minimum, the
information obtained by the committee under this section.
The bill requires the committee to submit two reports to the Governor, the President of the Senate, and
the Speaker of the House of Representatives:
an interim report regarding its activities and findings by October 1, 2023, and
a final report addressing all study requirements by December 31, 2023.
The bill requires DCF to, after the completion of the study, initiate rulemaking to establish minimum
standards for certification of adult safe houses, which, under the bill, will be group residential facilities
that provide housing and care specifically for adult survivors of human trafficking. Under the bill, adult
safe houses will serve survivors of any form of human trafficking, such as labor trafficking and sex
trafficking.
The certification is to ensure that adult safe houses provide a safe and therapeutic environment and
operate in a survivor-centered and trauma-informed manner.
CS/CS/HB 1557 specifies that rules must include minimum standards regarding:
Safe and therapeutic environments to receive and house adult survivors of human trafficking.
Appropriate security.
Safe and appropriate sheltering of minor children and other dependents of an adult survivor of
human trafficking.
Operation based on trauma-informed and survivor-centered principles.
Trauma-informed, survivor-centered services that must at a minimum be provided and other
services that may be provided or to which adult survivors of human trafficking may be referred.
Coordination with local law enforcement agencies.
Appropriate training, background screening, and compliance with policies and procedures, by
owners, directors, board members, personnel, and volunteers of the adult safe house, as
applicable.
After rules are adopted to certify adult safe houses, adult safe houses must be DCF-certified to
provide group residential housing and care specifically for adult survivors of human trafficking.
CS/CS/HB 1557 grants adult safe houses in operation as of the rules’ effective date six months to
become certified.
The bill specifies that DCF must require complete applications for certification on department forms.
Adult safe houses must gain recertification every two years, using forms furnished by the department.
DCF must inspect adult safe houses before certification and no less than annually thereafter to ensure
compliance with the requirements. If the department finds failure by an adult safe house to comply
with the requirements established in or rules adopted under this section, the department may subject
the adult safe house to disciplinary action, including but not limited to requiring a corrective action
plan, imposing administrative fines, or denying, suspending, or revoking the certification of the adult
safe house.
The bill allows adult safe houses to give DCF a list of the names of the human trafficking advocates
who are employed or who volunteer at the adult safe house who may claim a confidential
communication privilege under s. 90.5037, F.S. If a list is filed, the list must include the title of the
position held by the advocate whose name is listed and a description of the duties of that position, and
an adult safe house shall file amendments to this list as necessary.
Public Lodging Establishments STORAGE NAME: h1557f.HHS PAGE: 15
DATE: 4/24/2023
The bill amends s. 509.096(3), F.S, to reduce the time that a public lodging establishment has to
correct training and signage deficiencies from 90 to 45 days and makes the establishment ineligible for
any correction period for a second or subsequent violation occurring after July 1, 2023.
B. SECTION DIRECTORY:
Section 1: Amending s. 394.875, F.S., relating to crisis stabilization units, residential treatment
facilities, and residential treatment centers for children and adolescents; authorized
services; license required.
Section 2: Creating s. 402.88, F.S., relating to adult safe houses.
Section 3: Amending s. 509.096, F.S., relating to human trafficking awareness training and policies for
employees of public lodging establishments; enforcement.
Section 4: Amending s. 409.1678, F.S., relating to specialized residential options for children who are
victims of commercial sexual exploitation.
Section 5: Amending s. 409.175, F.S., relating to licensure of family foster homes, residential child-
caring agencies, and child-placing agencies; public records exemption.
Section 6: Amending s. 787.29, F.S., relating to human trafficking public awareness signs.
Section 7: Providing an appropriation to implement the bill.
Section 8: Providing an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill appropriates $388,000 of non-recurring funds for the development of a technology platform
to support adult safe house certification and $75,000 of recurring funds for the ongoing
maintenance of the platform.
B. FISCAL IMPACT ON LOCAL GOVERNMEN TS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Safe houses will be required to provide additional security on their premises, which may have a fiscal
impact to the degree they do not already provide such security. There could be a negative fiscal impact
if a safe house is unable to negotiate higher rates to compensate for the additional expense. STORAGE NAME: h1557f.HHS PAGE: 16
DATE: 4/24/2023
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill provides rule-making authority to DCF to implement provisions of the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 21, 2023, the Children, Families, and Seniors Subcommittee adopted an amendment and
reported the bill favorably as a committee substitute. The amendment:
Placed the requirements regarding licensed homes in the existing sections of law about their
licensure.
Allowed safe houses for children the ability to contract or have a memorandum of understanding to
provide security, such as with a local law enforcement agency.
Removed provisions requiring human trafficking education in homes licensed by the Agency for
Persons with Disabilities.
Removed the responsibilities the bill assigned to DCF to regulate the display of human trafficking
awareness signs in strip clubs and massage and bodywork establishments.
On April 12, 2023, the Health Care Appropriations Subcommittee adopted an amendment and reported
the bill favorably. The amendment:
Provides a total appropriation of $463,000 for the development and ongoing maintenance of a
technology platform to certify adult safe houses.
On April 24, 2023, the Health and Human Services Committee adopted an amendment and reported
the bill favorably as a committee substitute. The amendment:
Requires a study of adult safe house operation in Florida and recognized best practices, with a final
report due by December 31, 2023.
Specifies that DCF may initiate rulemaking beginning January 1, 2024.
Revises the topics and standards for rulemaking.
Requires all adult safe houses to be certified, and allows adult safe houses in operation as of the
date rules become effective to have six months to become certified.
Makes it optional for adult safe houses to provide the Department of Children and Families a list of
staff and volunteers who claim privilege regarding communications with human trafficking victims. STORAGE NAME: h1557f.HHS PAGE: 17
DATE: 4/24/2023
Reduces the time from 90 to 45 days that a public lodging establishment has to correct a first
violation of requirements for training of employees on human trafficking awareness and posting of
human trafficking-related signage.
Requires the Department of Business and Professional Regulation to impose a penalty without a
correction period for subsequent violations by public lodging establishments.
This analysis is drafted to the committee substitute as passed by the Health and Human Services
Committee.