Florida 2023 Regular Session

Florida House Bill H1557 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to sexual exploitation and human 2
1616 trafficking; amending s. 394.875, F.S.; requiring 3
1717 residential treatment centers for children and 4
1818 adolescents to place specified signage; requiring the 5
1919 Department of Children and Families, in consultation 6
2020 with the Agency for Health Care Administration, to 7
21-adopt rules; creating s. 402.88, F.S.; providing 8
22-definitions; requiring a committee of the Statewide 9
23-Council on Human Trafficking to conduct a study; 10
24-specifying requirements for the study; authorizing 11
25-rulemaking; providing application and renewal 12
26-requirements; allowing adult safe houses to provide 13
27-lists of advocates who are employed or who volunteer 14
28-at the adult safe house who may claim a privilege 15
29-under s. 90.5037; requiring the department to inspect 16
30-adult safe houses before certification and annually 17
31-thereafter; authorizing the department to take certain 18
32-actions for noncompliance; requiring the department to 19
33-establish a process to certify adult safe houses that 20
34-provide housing and care to adult survivors of human 21
35-trafficking; providing certification requirements; 22
36-authorizing rulemaking; requiring the department to 23
37-ensure that the staff of each adult safe house 24
38-completes specified intensive training; authorizing 25
21+adopt rules; creating s. 402.88, F.S.; defining terms; 8
22+requiring the department to establish a process to 9
23+certify adult safe houses that provide housing and 10
24+care to adult survivors of human trafficking; 11
25+providing certification requirements; authorizing 12
26+rulemaking; requiring the department to inspect adult 13
27+safe houses before certification and annually 14
28+thereafter; requiring the department to ensure that 15
29+the staff of each adult safe house completes specified 16
30+intensive training; authorizing the department to take 17
31+certain actions for noncompliance; amending s. 18
32+409.1678, F.S.; providing requirements for safe houses 19
33+and safe foster homes; requiring the department to 20
34+develop or approve certain educational programming o n 21
35+commercial sexual exploitation; amending s. 409.175, 22
36+F.S.; requiring specified signage to be placed on the 23
37+premises of facilities maintained by licensed child -24
38+caring agencies; requiring the department to adopt 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-the department to take certain actions for 26
52-noncompliance; amending s. 509.096, F.S.; reducing the 27
53-time to correct a violation; requiring the Department 28
54-of Business and Professional Regulation to impose a 29
55-penalty for subsequent violations by public lodging 30
56-establishments; amending s. 409.1678, F.S.; providing 31
57-requirements for safe houses and safe foster homes; 32
58-requiring the department to develop or approve certain 33
59-educational programming on commercial sexual 34
60-exploitation; amending s. 409.175, F.S.; requiring 35
61-specified signage to be placed on the premises of 36
62-facilities maintained by licensed child -caring 37
63-agencies; requiring the department to adopt rules; 38
64-amending s. 787.29, F.S.; making technical changes; 39
65-providing appropriations; providing an effective date. 40
66- 41
67-Be It Enacted by the Legislature of the State of Florida: 42
68- 43
69- Section 1. Subsection (8) of section 394.875, Florida 44
70-Statutes, is amended to read: 45
71- 394.875 Crisis stabilization units, residential treatmen t 46
72-facilities, and residential treatment centers for children and 47
73-adolescents; authorized services; license required. 48
74- (8)(a) The department, in consultation with the agency, 49
75-must adopt rules governing a residential treatment center for 50
51+rules; amending s. 787.29, F.S.; making tech nical 26
52+changes; providing appropriations; providing an 27
53+effective date. 28
54+ 29
55+Be It Enacted by the Legislature of the State of Florida: 30
56+ 31
57+ Section 1. Subsection (8) of section 394.875, Florida 32
58+Statutes, is amended to read: 33
59+ 394.875 Crisis stabilization uni ts, residential treatment 34
60+facilities, and residential treatment centers for children and 35
61+adolescents; authorized services; license required. 36
62+ (8)(a) The department, in consultation with the agency, 37
63+must adopt rules governing a residential treatment cente r for 38
64+children and adolescents which specify licensure standards for: 39
65+admission; length of stay; program and staffing; discharge and 40
66+discharge planning; treatment planning; seclusion, restraints, 41
67+and time-out; rights of patients under s. 394.459; use of 42
68+psychotropic medications; and standards for the operation of 43
69+such centers. 44
70+ (b) Residential treatment centers for children and 45
71+adolescents must conspicuously place signs on their premises to 46
72+warn children and adolescents of the dangers of human 47
73+trafficking and to encourage the reporting of individuals 48
74+observed attempting to engage in human trafficking activity. The 49
75+signs must contain the telephone number for the National Human 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-children and adolescents which specify licensure standards for: 51
89-admission; length of stay; program and staffing; discharge and 52
90-discharge planning; treatment planning; seclusion, restraints, 53
91-and time-out; rights of patients under s. 394.459; use of 54
92-psychotropic medications; and standards for the operation of 55
93-such centers. 56
94- (b) Residential treatment centers for children and 57
95-adolescents must conspicuously place signs on their premises to 58
96-warn children and adolescents of the dangers of human 59
97-trafficking and to encourage the rep orting of individuals 60
98-observed attempting to engage in human trafficking activity. The 61
99-signs must contain the telephone number for the National Human 62
100-Trafficking Hotline or such other number that the Department of 63
101-Law Enforcement uses to detect and stop hu man trafficking. The 64
102-department, in consultation with the agency, shall specify, at a 65
103-minimum, the content of the signs by rule. 66
104- Section 2. Section 402.88, Florida Statutes, is created to 67
105-read: 68
106- 402.88 Adult safe houses. — 69
107- (1) As used in this section , the term: 70
108- (a) "Adult safe house" means a group residential facility 71
109-that provides housing and care specifically for adult survivors 72
110-of human trafficking. 73
111- (b) "Adult survivor of human trafficking" or "survivor" 74
112-means an individual who has reached the age of 18 and who has 75
88+Trafficking Hotline or such other number that the Department of 51
89+Law Enforcement uses to detect and stop human trafficking. The 52
90+department, in consultation with the agency, shall specify, at a 53
91+minimum, the content of the signs by rule. 54
92+ Section 2. Section 402.88, Florida Statutes, is created to 55
93+read: 56
94+ 402.88 Adult safe houses for ad ults who have been sexually 57
95+exploited or trafficked. 58
96+ (1) As used in this section, the term: 59
97+ (a) "Adult safe house" means a group residential facility 60
98+certified by the department under this section to care for 61
99+adults who have been sexually exploited or trafficked. 62
100+ (b) "Department" means the Department of Children and 63
101+Families. 64
102+ (2) The department shall establish a process to certify 65
103+adult safe houses that provide housing and care to adult 66
104+survivors of human trafficking as defined in s. 787.06. The 67
105+adult safe houses certified under this section must: 68
106+ (a) Provide a facility which will serve as an adult safe 69
107+house to receive and house persons who are victims of human 70
108+trafficking. For the purpose of this section, minor children and 71
109+other dependents of a victim, when such dependents are partly or 72
110+wholly dependent on the victim for support or services, may be 73
111+sheltered with the victim in an adult safe house. 74
112+ (b) Receive the annual written endorsement of local law 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-been subjected to human trafficking as defined in s. 787.06. 76
126- (2)(a) The Services and Resources Committee of the 77
127-Statewide Council on Human Trafficking established under s. 78
128-16.617 shall conduct a study and make recommendations regardi ng 79
129-the regulation of adult safe houses, as provided in this 80
130-subsection. 81
131- 1. The Department of Children and Families shall provide 82
132-administrative and staff support to the committee in meeting the 83
133-requirements of this subsection. 84
134- 2. The committee shall su bmit an interim report regarding 85
135-its activities and findings by October 1, 2023, to the Governor, 86
136-the President of the Senate, and the Speaker of the House of 87
137-Representatives. The committee shall submit a final report 88
138-addressing all requirements of this su bsection by December 31, 89
139-2023, to the Governor, the President of the Senate, and the 90
140-Speaker of the House of Representatives. 91
141- (b) The committee shall survey operators of existing adult 92
142-safe houses in the state to determine the following information 93
143-regarding their operation. The information may be obtained and 94
144-presented on a categorical or high -level basis, as appropriate. 95
145- 1. The number of adult safe houses in the state and the 96
146-regions of the state in which such safe houses are located. 97
147- 2. The number of beds in adult safe houses and number of 98
148-survivors served per year. 99
149- 3. The policies and criteria regarding which adult 100
125+enforcement agencies. 76
126+ (c) Provide minimum services that include, but are not 77
127+limited to, information and referral services, licensed 78
128+counseling and case management services, substance abuse 79
129+screening and, when necessary, access or referral to treatment, 80
130+temporary emergency shelter for more than 24 hours, a 24-hour 81
131+hotline, nonresidential outreach services, training for law 82
132+enforcement personnel, assessment and appropriate referral of 83
133+resident children, and educational services for community 84
134+awareness relative to the incidence of human traffickin g, the 85
135+prevention of such crimes, and the services available for 86
136+persons subject to human trafficking. If a 24 -hour hotline, 87
137+professional training, or community education is already 88
138+provided by an adult safe house within its designated service 89
139+area, the department may exempt such certification requirements 90
140+for a new center serving the same service area to avoid 91
141+duplication of services. 92
142+ (d) Participate in the provision of orientation and 93
143+training programs developed for law enforcement officers, social 94
144+workers, and other professionals and paraprofessionals who work 95
145+with human trafficking victims to better enable such persons to 96
146+deal effectively with incidents of human trafficking. 97
147+ (e) Provide a safe, therapeutic environment tailored to 98
148+the needs of commercially sexually exploited or trafficked 99
149+adults who have endured significant trauma. Adult safe houses 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-survivors of human trafficking may be served and the processes 101
163-for intake and discharge, including how referrals are received. 102
164- 4. The amount of revenues supporting adult safe house 103
165-operation and the sources of such funds, including, but not 104
166-limited to, the amount of state and federal funds received and 105
167-the specific source of such state and federal funds. 106
168- 5. Services and support s provided to adult survivors of 107
169-human trafficking directly by the adult safe house and services 108
170-to which survivors are referred, including while survivors are 109
171-residing in the adult safe house and after survivors transition 110
172-out of the adult safe house. 111
173- 6. Training requirements for staff and volunteers. 112
174- 7. The nature of and mechanisms for coordination with law 113
175-enforcement. 114
176- 8. Whether the adult safe houses allow children of adult 115
177-survivors of human trafficking to also reside in the houses and, 116
178-if so, policies regarding children residing in the house and 117
179-services directly provided to the children or to which the 118
180-children may be referred. 119
181- 9. Policies of adult safe houses that ensure that adult 120
182-survivors of human trafficking are served in a respectful and 121
183-trauma-informed manner. 122
184- 10. Challenges faced by adult safe houses in providing a 123
185-safe and therapeutic environment that is trauma -informed and in 124
186-providing services to survivors and their children. 125
162+shall use a model of treatment that includes strength -based and 101
163+trauma-informed approaches. 102
164+ (f) File with the department a list of the names of the 103
165+human trafficking advocates who are employed or who volunteer at 104
166+the adult safe house who may claim a privilege under s. 90.5037 105
167+to refuse to disclose a confidential communication between a 106
168+victim of human trafficking and the advocate regarding the human 107
169+trafficking inflicted upon the victim. The list must include the 108
170+title of the position held by the advocate whose name is listed 109
171+and a description of the duties of that position. An adult safe 110
172+house shall file amendments to this list as necessary. 111
173+ (g) Comply with rules adopted under this section. 112
174+ (3) The department may adopt rules to implement this 113
175+section. 114
176+ (4) The department shall inspect adult safe houses before 115
177+certification and annually thereafter to ensure compliance with 116
178+the requirements of this s ection. 117
179+ (5) The department shall ensure that the staff of each 118
180+adult safe house completes intensive training that, at a 119
181+minimum, includes the needs of victims of commercial sexual 120
182+exploitation, the effects of trauma and sexual exploitation, and 121
183+how to address victims' needs using strength -based and trauma-122
184+informed approaches. The department shall specify by rule the 123
185+contents of this training and may develop or contract for a 124
186+standard curriculum. 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199- 11. Any accreditations held by adult safe houses, exte rnal 126
200-standards promulgated by outside bodies that houses meet, or 127
201-other industry certifications held by adult safe houses. 128
202- 12. Identification of ineffective or problematic practices 129
203-in existing adult safe houses in the state and recommendations 130
204-regarding minimum standards for regulation. 131
205- (c) As part of the study, the committee shall also: 132
206- 1. Identify and review standards recommended by national 133
207-organizations or experts specializing in adult safe house 134
208-service provision or shelter or housing for adul t survivors of 135
209-human trafficking. 136
210- 2. Obtain recommendations from adult survivors of human 137
211-trafficking and law enforcement agencies regarding regulation of 138
212-adult safe houses. 139
213- (d) The committee shall develop recommendations for 140
214-regulation of adult safe h ouses in the state based on, at least, 141
215-the information obtained by the committee under this section. 142
216- (3) After December 31, 2023, the department shall initiate 143
217-rulemaking and adopt rules establishing minimum standards for 144
218-certification of adult safe hous es to ensure that such safe 145
219-houses provide a safe and therapeutic environment and operate in 146
220-a survivor-centered and trauma-informed manner. After rules are 147
221-adopted to certify adult safe houses, only adult safe houses 148
222-certified by the department may provid e group residential 149
223-housing and care specifically for adult survivors of human 150
199+ (6) If the department finds that there is failure by an 126
200+adult safe house to comply with the requirements established, or 127
201+rules adopted, under this section, the department may deny, 128
202+suspend, or revoke the certification of the adult safe house. 129
203+ Section 3. Paragraphs (c) and (d) of subsection (2) and 130
204+paragraph (a) of subsection (3) of section 409.1678, Florida 131
205+Statutes, are amended to read: 132
206+ 409.1678 Specialized residential options for children who 133
207+are victims of commercial sexual exploitation. 134
208+ (2) CERTIFICATION OF SAFE HOUSES AND SAFE FOSTER HOMES. — 135
209+ (c) To be certified, a safe house must hold a license as a 136
210+residential child-caring agency, as defined in s. 409.175, and a 137
211+safe foster home must hold a license as a family foster home, as 138
212+defined in s. 409.175. A safe house or safe foster home must 139
213+also: 140
214+ 1. Use strength-based and trauma-informed approaches to 141
215+care, to the extent possible and appropriate. 142
216+ 2. Serve exclusively one sex. 143
217+ 3. Group child victims of commercial sexual exploitation 144
218+by age or maturity level. 145
219+ 4. Care for child victims of commercial sexual 146
220+exploitation in a manner that separates those children from 147
221+children with other needs. Safe houses and safe foster homes may 148
222+care for other populations if the children who have not 149
223+experienced commercial sexual exploitation do not interact with 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236-trafficking. Adult safe houses in operation as of the date that 151
237-rules initially adopted under this section become effective 152
238-shall have 6 months after such date to become certifi ed. 153
239- (a) The department shall adopt rules for the operation of 154
240-adult safe houses, including standards for, at a minimum, the 155
241-following: 156
242- 1. Safe and therapeutic environments to receive and house 157
243-adult survivors of human trafficking. 158
244- 2. Appropriate security. 159
245- 3. Coordination with local law enforcement agencies. 160
246- 4. Safe and appropriate sheltering of minor children and 161
247-other dependents of an adult survivor of human trafficking. 162
248- 5. Operations based on trauma -informed and survivor -163
249-centered principles. 164
250- 6. Trauma-informed, survivor-centered services that must 165
251-be provided, and other services that may be provided or to which 166
252-adult survivors of human trafficking may be referred. 167
253- 7. Appropriate training, background screening, and 168
254-compliance with policie s and procedures, by owners, directors, 169
255-board members, personnel, and volunteers of the adult safe 170
256-house, as applicable. 171
257- (b) The department shall require complete applications for 172
258-certification and for recertification, which must be renewed 173
259-every 2 years, using forms furnished by the department, and 174
260-provide all required information. 175
236+children who have experienced commercial sexual exploitation. 151
237+ 5. Have awake staff members on duty 24 hours a day, if a 152
238+safe house. 153
239+ 6.a. If a safe house or safe foster home, provide 154
240+appropriate security through facility design, hardware, 155
241+technology, staffing, and siting, including, but not limited to, 156
242+external video monitoring or door exit alarms, a high staff -to-157
243+client ratio, or being situated in a remote location that is 158
244+isolated from major transportation centers and common 159
245+trafficking areas. 160
246+ b. If a safe house, provide appropriate security that 161
247+includes, at a minimum, the detection of possible trafficking 162
248+activity around the facility, an emergency response to search 163
249+for absent or missing children, and coordination with law 164
250+enforcement through either: 165
251+ (I) At least one individual who is an employee or 166
252+contractor of the safe house who has law enforcement, 167
253+investigative, or other similar training, as established by rule 168
254+by the department; or 169
255+ (II) A memorandum of understanding or a contract with a 170
256+law enforcement agency for these functions. 171
257+ 7. If a safe house, conspicuously place signs on the 172
258+premises to warn children of the dangers of human trafficking 173
259+and to encourage the reporting of individuals observed 174
260+attempting to engage in human trafficking act ivity. The signs 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273- (c) The department shall inspect adult safe houses before 176
274-certification and at least annually thereafter to ensure 177
275-compliance with the requirements of this section. 178
276- (d) An adult safe house may provide to the department a 179
277-list of the names of the human trafficking advocates who are 180
278-employed or who volunteer at the adult safe house who may claim 181
279-a privilege under s. 90.5037 to refuse to disclose a 182
280-confidential communication between a victim of human trafficking 183
281-and the advocate regarding the human trafficking inflicted upon 184
282-the adult survivor of human trafficking. If a list is filed, the 185
283-list must include the title of the position held by the advocate 186
284-whose name is listed an d a description of the duties of that 187
285-position. An adult safe house shall file amendments to this list 188
286-as necessary. 189
287- (e) If the department finds failure by an adult safe house 190
288-to comply with the requirements established in or rules adopted 191
289-under this section, the department may subject the adult safe 192
290-house to disciplinary action, including, but not limited to, 193
291-requiring a corrective action plan, imposing administrative 194
292-fines, or denying, suspending, or revoking the certification of 195
293-the adult safe house . 196
294- Section 3. Subsection (3) of section 509.096, Florida 197
295-Statutes, is amended to read: 198
296- 509.096 Human trafficking awareness training and policies 199
297-for employees of public lodging establishments; enforcement. 200
273+must advise children to report concerns to the local law 176
274+enforcement agency or the Department of Law Enforcement, 177
275+specifying the appropriate telephone numbers used for such 178
276+reports. The department shall specify, at a minimum, the content 179
277+of the signs by rule. 180
278+ 8.7. Meet other criteria established by department rule, 181
279+which may include, but are not limited to, personnel 182
280+qualifications, staffing ratios, and types of services offered. 183
281+ (d) Safe houses and safe foster homes shall provide 184
282+services tailored to the needs of child victims of commercial 185
283+sexual exploitation and shall conduct a comprehensive assessment 186
284+of the service needs of each resident. In addition to the 187
285+services required to be provided by residential child caring 188
286+agencies and family foster homes, safe houses and safe foster 189
287+homes must provide, arrange for, or coordinate, at a minimum, 190
288+the following services: 191
289+ 1. Victim-witness counseling. 192
290+ 2. Family counseling. 193
291+ 3. Behavioral health care. 194
292+ 4. Treatment and intervention for sexual assault. 195
293+ 5. Education tailored to the child's individual needs, 196
294+including remedial education if necessary. 197
295+ 6. Life skills and workforce training. 198
296+ 7. Mentoring by a survivor of commercial sexual 199
297+exploitation, if available and appropriate for the child. 200
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310- (3) For a violation committed on or after July 1, 2023, 201
311-the division shall impose an administrative fine of $2,000 per 202
312-day on a public lodging establishment that is not in compliance 203
313-with this section and remit the fines to the direct -support 204
314-organization established under s. 16.618, unless the di vision 205
315-receives adequate written documentation from the public lodging 206
316-establishment which provides assurance that each deficiency will 207
317-be corrected within 4590 days after the division provided the 208
318-public lodging establishment with notice of its violation. For a 209
319-second or subsequent violation of the section committed on or 210
320-after July 1, 2023, the division may not provide a correction 211
321-period to a public lodging establishment and must impose the 212
322-applicable administrative fines. 213
323- Section 4. Paragraphs (c) a nd (d) of subsection (2) and 214
324-paragraph (a) of subsection (3) of section 409.1678, Florida 215
325-Statutes, are amended to read: 216
326- 409.1678 Specialized residential options for children who 217
327-are victims of commercial sexual exploitation. 218
328- (2) CERTIFICATION OF SAFE HOUSES AND SAFE FOSTER HOMES. 219
329- (c) To be certified, a safe house must hold a license as a 220
330-residential child-caring agency, as defined in s. 409.175, and a 221
331-safe foster home must hold a license as a family foster home, as 222
332-defined in s. 409.175. A safe hou se or safe foster home must 223
333-also: 224
334- 1. Use strength-based and trauma-informed approaches to 225
310+ 8. Substance abuse screening and, when necessary, access 201
311+to treatment. 202
312+ 9. Planning services for the successful transition of each 203
313+child back to the community. 204
314+ 10. Activities structured in a manner that provides child 205
315+victims of commercial sexual exploitation with a full schedule. 206
316+ 11. Age-appropriate programming to educate children 207
317+regarding the signs and dangers of commercial sexual 208
318+exploitation and how to report commercial sexual exploitation. 209
319+The department shall develop or approve such programming. 210
320+ (3) SERVICES WITHIN A RESIDENTIAL TREATMENT CENTER OR 211
321+HOSPITAL.—Residential treatment centers licensed under s. 212
322+394.875, and hospitals licensed under chapter 395 that provide 213
323+residential mental health treatment, shall provide specialized 214
324+treatment for commercially sexually exploited children in the 215
325+custody of the department who are placed in these facilities 216
326+pursuant to s. 39.407(6), s. 394.4625, or s. 394.467. 217
327+ (a) The specialized treatment must meet the requirements 218
328+of subparagraphs (2)(c )1., 3., 6., and 8. 7., paragraph (2)(d), 219
329+and the department's treatment standards adopted pursuant to 220
330+this section. However, a residential treatment center or 221
331+hospital may prioritize the delivery of certain services among 222
332+those required under paragraph (2 )(d) to meet the specific 223
333+treatment needs of the child. 224
334+ Section 4. Paragraph (b) of subsection (5) of section 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
344344
345345
346346
347-care, to the extent possible and appropriate. 226
348- 2. Serve exclusively one sex. 227
349- 3. Group child victims of commercial sexual exploitation 228
350-by age or maturity level. 229
351- 4. Care for child victims of commercial sexual 230
352-exploitation in a manner that separates those children from 231
353-children with other needs. Safe houses and safe foster homes may 232
354-care for other populations if the children who have not 233
355-experienced commercial sexu al exploitation do not interact with 234
356-children who have experienced commercial sexual exploitation. 235
357- 5. Have awake staff members on duty 24 hours a day, if a 236
358-safe house. 237
359- 6.a. If a safe house or safe foster home, provide 238
360-appropriate security through facil ity design, hardware, 239
361-technology, staffing, and siting, including, but not limited to, 240
362-external video monitoring or door exit alarms, a high staff -to-241
363-client ratio, or being situated in a remote location that is 242
364-isolated from major transportation centers an d common 243
365-trafficking areas. 244
366- b. If a safe house, provide appropriate security that 245
367-includes, at a minimum, the detection of possible trafficking 246
368-activity around the facility, an emergency response to search 247
369-for absent or missing children, and coordination with law 248
370-enforcement through either: 249
371- (I) At least one individual who is an employee or 250
347+409.175, Florida Statutes, is amended to read: 226
348+ 409.175 Licensure of family foster homes, residential 227
349+child-caring agencies, and child -placing agencies; public 228
350+records exemption. 229
351+ (5) The department shall adopt and amend rules for the 230
352+levels of licensed care associated with the licensure of family 231
353+foster homes, residential child -caring agencies, and child -232
354+placing agencies. The rules may inclu de criteria to approve 233
355+waivers to licensing requirements when applying for a child -234
356+specific license. 235
357+ (b) The requirements for licensure and operation of family 236
358+foster homes, residential child -caring agencies, and child -237
359+placing agencies shall include: 238
360+ 1. The operation, conduct, and maintenance of these homes 239
361+and agencies and the responsibility which they assume for 240
362+children served and the evidence of need for that service. 241
363+ 2. The provision of food, clothing, educational 242
364+opportunities, services, equipme nt, and individual supplies to 243
365+assure the healthy physical, emotional, and mental development 244
366+of the children served. 245
367+ 3. The appropriateness, safety, cleanliness, and general 246
368+adequacy of the premises, including fire prevention and health 247
369+standards, to provide for the physical comfort, care, and well -248
370+being of the children served. 249
371+ 4. The ratio of staff to children required to provide 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
381381
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384-contractor of the safe house who has law enforcement, 251
385-investigative, or other similar training, as established by rule 252
386-by the department; or 253
387- (II) A memorandum of understanding or a contract with a 254
388-law enforcement agency for these functions. 255
389- 7. If a safe house, conspicuously place signs on the 256
390-premises to warn children of the dangers of human trafficking 257
391-and to encourage the reporting of individuals observed 258
392-attempting to engage in human trafficking activity. The signs 259
393-must advise children to report concerns to the local law 260
394-enforcement agency or the Department of Law Enforcement, 261
395-specifying the appropriate telephone numbers used for such 262
396-reports. The department sh all specify, at a minimum, the content 263
397-of the signs by rule. 264
398- 8.7. Meet other criteria established by department rule, 265
399-which may include, but are not limited to, personnel 266
400-qualifications, staffing ratios, and types of services offered. 267
401- (d) Safe houses and safe foster homes shall provide 268
402-services tailored to the needs of child victims of commercial 269
403-sexual exploitation and shall conduct a comprehensive assessment 270
404-of the service needs of each resident. In addition to the 271
405-services required to be provided by residential child caring 272
406-agencies and family foster homes, safe houses and safe foster 273
407-homes must provide, arrange for, or coordinate, at a minimum, 274
408-the following services: 275
384+adequate care and supervision of the children served and, in the 251
385+case of family foster homes, the maximum number of childre n in 252
386+the home. 253
387+ 5. The good moral character based upon screening, 254
388+education, training, and experience requirements for personnel 255
389+and family foster homes. 256
390+ 6. The department may grant exemptions from 257
391+disqualification from working with children or the 258
392+developmentally disabled as provided in s. 435.07. 259
393+ 7. The provision of preservice and inservice training for 260
394+all foster parents and agency staff. 261
395+ 8. Satisfactory evidence of financial ability to provide 262
396+care for the children in compliance with licensing re quirements. 263
397+ 9. The maintenance by the agency of records pertaining to 264
398+admission, progress, health, and discharge of children served, 265
399+including written case plans and reports to the department. 266
400+ 10. The provision for parental involvement to encourage 267
401+preservation and strengthening of a child's relationship with 268
402+the family. 269
403+ 11. The transportation safety of children served. 270
404+ 12. The provisions for safeguarding the cultural, 271
405+religious, and ethnic values of a child. 272
406+ 13. Provisions to safeguard the legal rights of children 273
407+served. 274
408+ 14. Requiring signs to be conspicuously placed on the 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
418418
419419
420420
421- 1. Victim-witness counseling. 276
422- 2. Family counseling. 277
423- 3. Behavioral health c are. 278
424- 4. Treatment and intervention for sexual assault. 279
425- 5. Education tailored to the child's individual needs, 280
426-including remedial education if necessary. 281
427- 6. Life skills and workforce training. 282
428- 7. Mentoring by a survivor of commercial sexual 283
429-exploitation, if available and appropriate for the child. 284
430- 8. Substance abuse screening and, when necessary, access 285
431-to treatment. 286
432- 9. Planning services for the successful transition of each 287
433-child back to the community. 288
434- 10. Activities structured in a manner that provides child 289
435-victims of commercial sexual exploitation with a full schedule. 290
436- 11. Age-appropriate programming to educate children 291
437-regarding the signs and dangers of commercial sexual 292
438-exploitation and how to report commercial sexual exploitation. 293
439-The department shall develop or approve such programming. 294
440- (3) SERVICES WITHIN A RESIDENTIAL TREATMENT CENTER OR 295
441-HOSPITAL.—Residential treatment centers licensed under s. 296
442-394.875, and hospitals licensed under chapter 395 that provide 297
443-residential mental heal th treatment, shall provide specialized 298
444-treatment for commercially sexually exploited children in the 299
445-custody of the department who are placed in these facilities 300
421+premises of facilities maintained by child -caring agencies to 276
422+warn children of the dangers of human trafficking and to 277
423+encourage the reporting of individuals observed attemp ting to 278
424+engage in human trafficking activity. The signs must advise 279
425+children to report concerns to the local law enforcement agency 280
426+or the Department of Law Enforcement, specifying the appropriate 281
427+telephone numbers used for such reports. The department sha ll 282
428+specify, at a minimum, the content of the signs by rule. 283
429+ Section 5. Subsections (3) and (5) of section 787.29, 284
430+Florida Statutes, are amended, and subsection (4) of that 285
431+section is republished, to read: 286
432+ 787.29 Human trafficking public awareness sig ns.— 287
433+ (3)(a) The employer at each of the following 288
434+establishments shall display a public awareness sign developed 289
435+under subsection (4) in a conspicuous location that is clearly 290
436+visible to the public and employees of the establishment: 291
437+ 1.(a) A strip club or other adult entertainment 292
438+establishment. 293
439+ 2.(b) A business or establishment that offers massage or 294
440+bodywork services for compensation that is not owned by a health 295
441+care practitioner regulated pursuant to chapter 456 and defined 296
442+in s. 456.001. 297
443+ (b) The county commission may adopt an ordinance to 298
444+enforce this subsection. A violation of this subsection is a 299
445+noncriminal violation and punishable by a fine only as provided 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
455455
456456
457457
458-pursuant to s. 39.407(6), s. 394.4625, or s. 394.467. 301
459- (a) The specialized treatment must me et the requirements 302
460-of subparagraphs (2)(c)1., 3., 6., and 8. 7., paragraph (2)(d), 303
461-and the department's treatment standards adopted pursuant to 304
462-this section. However, a residential treatment center or 305
463-hospital may prioritize the delivery of certain servic es among 306
464-those required under paragraph (2)(d) to meet the specific 307
465-treatment needs of the child. 308
466- Section 5. Paragraph (b) of subsection (5) of section 309
467-409.175, Florida Statutes, is amended to read: 310
468- 409.175 Licensure of family foster homes, residenti al 311
469-child-caring agencies, and child -placing agencies; public 312
470-records exemption. 313
471- (5) The department shall adopt and amend rules for the 314
472-levels of licensed care associated with the licensure of family 315
473-foster homes, residential child -caring agencies, and c hild-316
474-placing agencies. The rules may include criteria to approve 317
475-waivers to licensing requirements when applying for a child -318
476-specific license. 319
477- (b) The requirements for licensure and operation of family 320
478-foster homes, residential child -caring agencies, and child-321
479-placing agencies shall include: 322
480- 1. The operation, conduct, and maintenance of these homes 323
481-and agencies and the responsibility which they assume for 324
482-children served and the evidence of need for that service. 325
458+in s. 775.083. 301
459+ (4) The required public awareness sign must be at leas t 302
460+8.5 inches by 11 inches in size, must be printed in at least a 303
461+16-point type, and must state substantially the following in 304
462+English and Spanish: 305
463+ 306
464+"If you or someone you know is being forced to engage 307
465+in an activity and cannot leave —whether it is 308
466+prostitution, housework, farm work, factory work, 309
467+retail work, restaurant work, or any other activity —310
468+call the National Human Trafficking Resource Center at 311
469+1-888-373-7888 or text INFO or HELP to 233 -733 to 312
470+access help and services. Victims of slavery and human 313
471+trafficking are protected under United States and 314
472+Florida law." 315
473+ 316
474+ (5) The county commission may adopt an ordinance to 317
475+enforce subsection (3). A violation of subsection (3) is a 318
476+noncriminal violation and punishable by a fine only as provided 319
477+in s. 775.083. 320
478+ Section 6. For the 2023-2024 fiscal year, the sum of 321
479+$75,000 in recurring funds from the Administrative Trust Fund 322
480+within the Department of Children and Families and $388,000 in 323
481+nonrecurring funds from the Administrative Trust Fund are 324
482+appropriated to the Department of Children and Families for 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
492492
493493
494494
495- 2. The provision of food, clothing, ed ucational 326
496-opportunities, services, equipment, and individual supplies to 327
497-assure the healthy physical, emotional, and mental development 328
498-of the children served. 329
499- 3. The appropriateness, safety, cleanliness, and general 330
500-adequacy of the premises, including f ire prevention and health 331
501-standards, to provide for the physical comfort, care, and well -332
502-being of the children served. 333
503- 4. The ratio of staff to children required to provide 334
504-adequate care and supervision of the children served and, in the 335
505-case of family foster homes, the maximum number of children in 336
506-the home. 337
507- 5. The good moral character based upon screening, 338
508-education, training, and experience requirements for personnel 339
509-and family foster homes. 340
510- 6. The department may grant exemptions from 341
511-disqualification from working with children or the 342
512-developmentally disabled as provided in s. 435.07. 343
513- 7. The provision of preservice and inservice training for 344
514-all foster parents and agency staff. 345
515- 8. Satisfactory evidence of financial ability to provide 346
516-care for the children in compliance with licensing requirements. 347
517- 9. The maintenance by the agency of records pertaining to 348
518-admission, progress, health, and discharge of children served, 349
519-including written case plans and reports to the department. 350
520-
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528-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
529-
530-
531-
532- 10. The provision for parental involvement to encourage 351
533-preservation and strengthening of a child's relationship with 352
534-the family. 353
535- 11. The transportation safety of children served. 354
536- 12. The provisions for safeguarding the cultural, 355
537-religious, and ethnic values of a child . 356
538- 13. Provisions to safeguard the legal rights of children 357
539-served. 358
540- 14. Requiring signs to be conspicuously placed on the 359
541-premises of facilities maintained by child -caring agencies to 360
542-warn children of the dangers of human trafficking and to 361
543-encourage the reporting of individuals observed attempting to 362
544-engage in human trafficking activity. The signs must advise 363
545-children to report concerns to the local law enforcement agency 364
546-or the Department of Law Enforcement, specifying the appropriate 365
547-telephone numbers used for such reports. The department shall 366
548-specify, at a minimum, the content of the signs by rule. 367
549- Section 6. Subsections (3) and (5) of section 787.29, 368
550-Florida Statutes, are amended, and subsection (4) of that 369
551-section is republished, to read: 370
552- 787.29 Human trafficking public awareness signs. — 371
553- (3)(a) The employer at each of the following 372
554-establishments shall display a public awareness sign developed 373
555-under subsection (4) in a conspicuous location that is clearly 374
556-visible to the public and employees of the establishment: 375
557-
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565-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566-
567-
568-
569- 1.(a) A strip club or other adult entertainment 376
570-establishment. 377
571- 2.(b) A business or establishment that offers massage or 378
572-bodywork services for compensation that is not owned by a health 379
573-care practitioner regulated pursuant to chapt er 456 and defined 380
574-in s. 456.001. 381
575- (b) The county commission may adopt an ordinance to 382
576-enforce this subsection. A violation of this subsection is a 383
577-noncriminal violation and punishable by a fine only as provided 384
578-in s. 775.083. 385
579- (4) The required public aw areness sign must be at least 386
580-8.5 inches by 11 inches in size, must be printed in at least a 387
581-16-point type, and must state substantially the following in 388
582-English and Spanish: 389
583- 390
584-"If you or someone you know is being forced to engage 391
585-in an activity and cannot leave—whether it is 392
586-prostitution, housework, farm work, factory work, 393
587-retail work, restaurant work, or any other activity —394
588-call the National Human Trafficking Resource Center at 395
589-1-888-373-7888 or text INFO or HELP to 233 -733 to 396
590-access help and services. Vic tims of slavery and human 397
591-trafficking are protected under United States and 398
592-Florida law." 399
593- 400
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602-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603-
604-
605-
606- (5) The county commission may adopt an ordinance to 401
607-enforce subsection (3). A violation of subsection (3) is a 402
608-noncriminal violation and punishable by a fine only as provided 403
609-in s. 775.083. 404
610- Section 7. For the 2023-2024 fiscal year, the sum of 405
611-$75,000 in recurring funds from the Administrative Trust Fund 406
612-within the Department of Children and Families and $388,000 in 407
613-nonrecurring funds from the Administrative Trus t Fund are 408
614-appropriated to the Department of Children and Families for 409
615-technology enhancements to implement this act. 410
616- Section 8. This act shall take effect July 1, 2023. 411
495+technology enhancements to implement this act. 326
496+ Section 7. This act shall take effect July 1, 2023. 327