CS/CS/CS/HB 1557 2023 CODING: Words stricken are deletions; words underlined are additions. hb1557-03-c3 Page 1 of 17 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 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 CS/CS/CS/HB 1557 2023 CODING: Words stricken are deletions; words underlined are additions. hb1557-03-c3 Page 2 of 17 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 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 CS/CS/CS/HB 1557 2023 CODING: Words stricken are deletions; words underlined are additions. hb1557-03-c3 Page 3 of 17 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 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 CS/CS/CS/HB 1557 2023 CODING: Words stricken are deletions; words underlined are additions. hb1557-03-c3 Page 4 of 17 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 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 CS/CS/CS/HB 1557 2023 CODING: Words stricken are deletions; words underlined are additions. hb1557-03-c3 Page 5 of 17 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 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 CS/CS/CS/HB 1557 2023 CODING: Words stricken are deletions; words underlined are additions. hb1557-03-c3 Page 6 of 17 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 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 CS/CS/CS/HB 1557 2023 CODING: Words stricken are deletions; words underlined are additions. hb1557-03-c3 Page 7 of 17 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 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 CS/CS/CS/HB 1557 2023 CODING: Words stricken are deletions; words underlined are additions. hb1557-03-c3 Page 8 of 17 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 (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 CS/CS/CS/HB 1557 2023 CODING: Words stricken are deletions; words underlined are additions. hb1557-03-c3 Page 9 of 17 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 (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 CS/CS/CS/HB 1557 2023 CODING: Words stricken are deletions; words underlined are additions. hb1557-03-c3 Page 10 of 17 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 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 CS/CS/CS/HB 1557 2023 CODING: Words stricken are deletions; words underlined are additions. hb1557-03-c3 Page 11 of 17 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 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 CS/CS/CS/HB 1557 2023 CODING: Words stricken are deletions; words underlined are additions. hb1557-03-c3 Page 12 of 17 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 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 CS/CS/CS/HB 1557 2023 CODING: Words stricken are deletions; words underlined are additions. hb1557-03-c3 Page 13 of 17 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 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 CS/CS/CS/HB 1557 2023 CODING: Words stricken are deletions; words underlined are additions. hb1557-03-c3 Page 14 of 17 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 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 CS/CS/CS/HB 1557 2023 CODING: Words stricken are deletions; words underlined are additions. hb1557-03-c3 Page 15 of 17 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 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 CS/CS/CS/HB 1557 2023 CODING: Words stricken are deletions; words underlined are additions. hb1557-03-c3 Page 16 of 17 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 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." 399 400 CS/CS/CS/HB 1557 2023 CODING: Words stricken are deletions; words underlined are additions. hb1557-03-c3 Page 17 of 17 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 (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