Florida 2023 Regular Session

Florida House Bill H1557 Latest Draft

Bill / Comm Sub Version Filed 04/25/2023

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