Florida Senate - 2023 CS for CS for SB 1690 By the Appropriations Committee on Health and Human Services; the Committee on Children, Families, and Elder Affairs; and Senator Ingoglia 603-03741-23 20231690c2 1 A bill to be entitled 2 An act relating to sexual exploitation and human 3 trafficking; amending s. 394.875, F.S.; requiring 4 residential treatment centers for children and 5 adolescents to place specified signage; requiring the 6 Department of Children and Families, in consultation 7 with the Agency for Health Care Administration, to 8 adopt rules; amending s. 787.29, F.S.; making 9 technical changes; creating s. 402.88, F.S.; defining 10 terms; requiring the department to develop a process 11 to certify adult safe houses that provide housing and 12 care to adult survivors of human trafficking; 13 providing certification requirements; authorizing 14 rulemaking; requiring the department to inspect adult 15 safe houses before certification and annually 16 thereafter; requiring the department to ensure the 17 staff of each adult safe house completes specified 18 intensive training; providing for department actions 19 for noncompliance; amending s. 409.1678, F.S.; 20 providing requirements for safe houses and safe foster 21 homes; requiring the department to develop or approve 22 educational programming on commercial sexual 23 exploitation; amending s. 409.175, F.S.; requiring 24 specified signage to be placed on the premises of 25 facilities maintained by licensed child-caring 26 agencies; requiring the department to adopt rules; 27 amending s. 943.0583, F.S.; expanding the eligibility 28 criteria for human trafficking victims who may seek 29 expunction to include victims with certain records 30 related to an offense listed in s. 775.084(1)(b)1., 31 F.S.; providing an effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1.Subsection (8) of section 394.875, Florida 36 Statutes, is amended to read: 37 394.875Crisis stabilization units, residential treatment 38 facilities, and residential treatment centers for children and 39 adolescents; authorized services; license required. 40 (8)(a)The department, in consultation with the agency, 41 must adopt rules governing a residential treatment center for 42 children and adolescents which specify licensure standards for: 43 admission; length of stay; program and staffing; discharge and 44 discharge planning; treatment planning; seclusion, restraints, 45 and time-out; rights of patients under s. 394.459; use of 46 psychotropic medications; and standards for the operation of 47 such centers. 48 (b)Residential treatment centers for children and 49 adolescents must conspicuously place signs on their premises to 50 warn children and adolescents of the dangers of human 51 trafficking and to encourage the reporting of individuals 52 observed attempting to engage in human trafficking activity. The 53 signs must contain the telephone number for the National Human 54 Trafficking Hotline or such other number that the Department of 55 Law Enforcement uses to detect and stop human trafficking. The 56 department, in consultation with the agency, shall specify, at a 57 minimum, the content of the signs by rule. 58 Section 2.Subsections (3) and (5) of section 787.29, 59 Florida Statutes, are amended, and subsection (4) of that 60 section is republished, to read: 61 787.29Human trafficking public awareness signs. 62 (3)(a)The employer at each of the following establishments 63 shall display a public awareness sign developed under subsection 64 (4) in a conspicuous location that is clearly visible to the 65 public and employees of the establishment: 66 1.(a)A strip club or other adult entertainment 67 establishment. 68 2.(b)A business or establishment that offers massage or 69 bodywork services for compensation that is not owned by a health 70 care practitioner regulated pursuant to chapter 456 and defined 71 in s. 456.001. 72 (b)The county commission may adopt an ordinance to enforce 73 this subsection. A violation of this subsection is a noncriminal 74 violation and punishable by a fine only as provided in s. 75 775.083. 76 (4)The required public awareness sign must be at least 8.5 77 inches by 11 inches in size, must be printed in at least a 16 78 point type, and must state substantially the following in 79 English and Spanish: 80 81 If you or someone you know is being forced to engage 82 in an activity and cannot leavewhether it is 83 prostitution, housework, farm work, factory work, 84 retail work, restaurant work, or any other activity 85 call the National Human Trafficking Resource Center at 86 1-888-373-7888 or text INFO or HELP to 233-733 to 87 access help and services. Victims of slavery and human 88 trafficking are protected under United States and 89 Florida law. 90 91 (5)The county commission may adopt an ordinance to enforce 92 subsection (3). A violation of subsection (3) is a noncriminal 93 violation and punishable by a fine only as provided in s. 94 775.083. 95 Section 3.Section 402.88, Florida Statutes, is created to 96 read: 97 402.88Adult safe houses for adults who have been sexually 98 exploited or trafficked. 99 (1)As used in this section the term: 100 (a)Adult safe house means a group residential facility 101 certified by the department under this section to care for 102 adults who have been sexually exploited or trafficked. 103 (b)Department means the Department of Children and 104 Families. 105 (2)The department shall establish a process to certify 106 adult safe houses that provide housing and care to adult 107 survivors of human trafficking as defined in s. 787.06. The 108 adult safe houses certified under this section must: 109 (a)Provide a facility which will serve as an adult safe 110 house to receive and house persons who are victims of human 111 trafficking. For the purpose of this section, minor children and 112 other dependents of a victim, when such dependents are partly or 113 wholly dependent on the victim for support or services, may be 114 sheltered with the victim in an adult safe house. 115 (b)Receive the annual written endorsement of local law 116 enforcement agencies. 117 (c)Provide minimum services that include, but are not 118 limited to, information and referral services, licensed 119 counseling and case management services, substance abuse 120 screening and, when necessary, access or referral to treatment, 121 temporary emergency shelter for more than 24 hours, a 24-hour 122 hotline, nonresidential outreach services, training for law 123 enforcement personnel, assessment and appropriate referral of 124 resident children, and educational services for community 125 awareness relative to the incidence of human trafficking, the 126 prevention of such crimes, and the services available for 127 persons subject to human trafficking. If a 24-hour hotline, 128 professional training, or community education is already 129 provided by an adult safe house within its designated service 130 area, the department may exempt such certification requirements 131 for a new center serving the same service area to avoid 132 duplication of services. 133 (d)Participate in the provision of orientation and 134 training programs developed for law enforcement officers, social 135 workers, and other professionals and paraprofessionals who work 136 with human trafficking victims to better enable such persons to 137 deal effectively with incidents of human trafficking. 138 (e)Provide a safe, therapeutic environment tailored to the 139 needs of commercially sexually exploited or trafficked adults 140 who have endured significant trauma. Adult safe houses shall use 141 a model of treatment that includes strength-based and trauma 142 informed approaches. 143 (f)File with the department a list of the names of the 144 human trafficking advocates who are employed or who volunteer at 145 the adult safe house who may claim a privilege under s. 90.5037 146 to refuse to disclose a confidential communication between a 147 victim of human trafficking and the advocate regarding the human 148 trafficking inflicted upon the victim. The list must include the 149 title of the position held by the advocate whose name is listed 150 and a description of the duties of that position. An adult safe 151 house shall file amendments to this list as necessary. 152 (g)Comply with rules adopted under this section. 153 (3)The department may adopt rules to implement this 154 section. The rules adopted must include health and safety 155 provisions, including but not limited to protection from 156 recruitment, to ensure that the minor children and other 157 dependents of a victim that shelter in the adult safe house 158 under paragraph (2)(a) do not become at risk of becoming, or 159 become victims of commercial sexual exploitation. 160 (4)The department shall inspect adult safe houses before 161 certification and annually thereafter to ensure compliance with 162 the requirements of this section. 163 (5)The department shall ensure the staff of each adult 164 safe house completes intensive training that, at a minimum, 165 includes the needs of victims of commercial sexual exploitation, 166 the effects of trauma and sexual exploitation, and how to 167 address victims needs using strength-based and trauma-informed 168 approaches. The department shall specify by rule the contents of 169 this training and may develop or contract for a standard 170 curriculum. 171 (6)If the department finds that there is failure by an 172 adult safe house to comply with the requirements established, or 173 rules adopted, under this section, the department may deny, 174 suspend, or revoke the certification of the adult safe house. 175 Section 4.Paragraphs (c) and (d) of subsection (2) of 176 section 409.1678, Florida Statutes, is amended to read: 177 409.1678Specialized residential options for children who 178 are victims of commercial sexual exploitation. 179 (2)CERTIFICATION OF SAFE HOUSES AND SAFE FOSTER HOMES. 180 (c)To be certified, a safe house must hold a license as a 181 residential child-caring agency, as defined in s. 409.175, and a 182 safe foster home must hold a license as a family foster home, as 183 defined in s. 409.175. A safe house or safe foster home must 184 also: 185 1.Use strength-based and trauma-informed approaches to 186 care, to the extent possible and appropriate. 187 2.Serve exclusively one sex. 188 3.Group child victims of commercial sexual exploitation by 189 age or maturity level. 190 4.Care for child victims of commercial sexual exploitation 191 in a manner that separates those children from children with 192 other needs. Safe houses and safe foster homes may care for 193 other populations if the children who have not experienced 194 commercial sexual exploitation do not interact with children who 195 have experienced commercial sexual exploitation. 196 5.Have awake staff members on duty 24 hours a day, if a 197 safe house. 198 6.a.Provide appropriate security through facility design, 199 hardware, technology, staffing, and siting, including, but not 200 limited to, external video monitoring or door exit alarms, a 201 high staff-to-client ratio, or being situated in a remote 202 location that is isolated from major transportation centers and 203 common trafficking areas. 204 b.If a safe house, appropriate security must provide for, 205 at a minimum, the detection of possible trafficking activity 206 around a facility, coordination with law enforcement, and be 207 part of the emergency response to search for absent or missing 208 children. For a safe house to be in compliance with providing 209 appropriate security under this subparagraph, the safe house 210 must either: 211 (I)Employ or contract with at least one individual that 212 has law enforcement, investigative, or other similar training, 213 as established by rule by the department; or 214 (II)Execute a contract or memorandum of understanding with 215 a law enforcement agency to perform these functions. 216 7.If a safe house, conspicuously place signs on the 217 premises to warn children of the dangers of human trafficking 218 and to encourage the reporting of individuals observed 219 attempting to engage in human trafficking activity. The signs 220 must advise children to report concerns to the local law 221 enforcement agency or the Department of Law Enforcement, 222 specifying the appropriate telephone numbers used for such 223 reports. The department shall specify, at a minimum, the content 224 of the signs by rule. 225 8.Meet other criteria established by department rule, 226 which may include, but are not limited to, personnel 227 qualifications, staffing ratios, and types of services offered. 228 (d)Safe houses and safe foster homes shall provide 229 services tailored to the needs of child victims of commercial 230 sexual exploitation and shall conduct a comprehensive assessment 231 of the service needs of each resident. In addition to the 232 services required to be provided by residential child caring 233 agencies and family foster homes, safe houses and safe foster 234 homes must provide, arrange for, or coordinate, at a minimum, 235 the following services: 236 1.Victim-witness counseling. 237 2.Family counseling. 238 3.Behavioral health care. 239 4.Treatment and intervention for sexual assault. 240 5.Education tailored to the childs individual needs, 241 including remedial education if necessary. 242 6.Life skills and workforce training. 243 7.Mentoring by a survivor of commercial sexual 244 exploitation, if available and appropriate for the child. 245 8.Substance abuse screening and, when necessary, access to 246 treatment. 247 9.Planning services for the successful transition of each 248 child back to the community. 249 10.Activities structured in a manner that provides child 250 victims of commercial sexual exploitation with a full schedule. 251 11.Deliver age-appropriate programming to educate children 252 regarding the signs and dangers of commercial sexual 253 exploitation and how to report commercial sexual exploitation. 254 The department shall develop or approve such programming. 255 Section 5.Paragraph (b) of subsection (5) of section 256 409.175, Florida Statutes, is amended to read: 257 409.175Licensure of family foster homes, residential 258 child-caring agencies, and child-placing agencies; public 259 records exemption. 260 (5)The department shall adopt and amend rules for the 261 levels of licensed care associated with the licensure of family 262 foster homes, residential child-caring agencies, and child 263 placing agencies. The rules may include criteria to approve 264 waivers to licensing requirements when applying for a child 265 specific license. 266 (b)The requirements for licensure and operation of family 267 foster homes, residential child-caring agencies, and child 268 placing agencies shall include: 269 1.The operation, conduct, and maintenance of these homes 270 and agencies and the responsibility which they assume for 271 children served and the evidence of need for that service. 272 2.The provision of food, clothing, educational 273 opportunities, services, equipment, and individual supplies to 274 assure the healthy physical, emotional, and mental development 275 of the children served. 276 3.The appropriateness, safety, cleanliness, and general 277 adequacy of the premises, including fire prevention and health 278 standards, to provide for the physical comfort, care, and well 279 being of the children served. 280 4.The ratio of staff to children required to provide 281 adequate care and supervision of the children served and, in the 282 case of family foster homes, the maximum number of children in 283 the home. 284 5.The good moral character based upon screening, 285 education, training, and experience requirements for personnel 286 and family foster homes. 287 6.The department may grant exemptions from 288 disqualification from working with children or the 289 developmentally disabled as provided in s. 435.07. 290 7.The provision of preservice and inservice training for 291 all foster parents and agency staff. 292 8.Satisfactory evidence of financial ability to provide 293 care for the children in compliance with licensing requirements. 294 9.The maintenance by the agency of records pertaining to 295 admission, progress, health, and discharge of children served, 296 including written case plans and reports to the department. 297 10.The provision for parental involvement to encourage 298 preservation and strengthening of a childs relationship with 299 the family. 300 11.The transportation safety of children served. 301 12.The provisions for safeguarding the cultural, 302 religious, and ethnic values of a child. 303 13.Provisions to safeguard the legal rights of children 304 served. 305 14.Requiring signs to be conspicuously placed on the 306 premises of facilities maintained by child-caring agencies to 307 warn children of the dangers of human trafficking and to 308 encourage the reporting of individuals observed attempting to 309 engage in human trafficking activity. The signs must advise 310 children to report concerns to the local law enforcement agency 311 or the Department of Law Enforcement, specifying the appropriate 312 telephone numbers used for such reports. The department shall 313 specify, at a minimum, the content of the signs by rule. 314 Section 6.Subsection (3) of section 943.0583, Florida 315 Statutes, is amended, and subsections (10) and (11) of that 316 section are republished, to read: 317 943.0583Human trafficking victim expunction. 318 (3)(a)Except as provided in paragraph (b), a person who is 319 a victim of human trafficking may petition for the expunction of 320 a criminal history record resulting from the arrest or filing of 321 charges for one or more offenses committed or reported to have 322 been committed while the person was a victim of human 323 trafficking, which offense was committed or reported to have 324 been committed as a part of the human trafficking scheme of 325 which the person was a victim or at the direction of an operator 326 of the scheme, including, but not limited to, violations under 327 chapters 796 and 847, without regard to the disposition of the 328 arrest or of any charges. 329 (b)A person who is a victim of human trafficking may not 330 petition the court for the expunction of a criminal history 331 record that resulted from a conviction of an offense listed in 332 s. 775.084(1)(b)1. For purposes of this section, the term 333 conviction has the same meaning as s. 943.0584(1) However, 334 this section does not apply to any offense listed in s. 335 775.084(1)(b)1. 336 (c)Determination of the petition under this section should 337 be by a preponderance of the evidence. A conviction expunged 338 under this section is deemed to have been vacated due to a 339 substantive defect in the underlying criminal proceedings. If a 340 person is adjudicated not guilty by reason of insanity or is 341 found to be incompetent to stand trial for any such charge, the 342 expunction of the criminal history record may not prevent the 343 entry of the judgment or finding in state and national databases 344 for use in determining eligibility to purchase or possess a 345 firearm or to carry a concealed firearm, as authorized in s. 346 790.065(2)(a)4.c. and 18 U.S.C. s. 922(t), nor shall it prevent 347 any governmental agency that is authorized by state or federal 348 law to determine eligibility to purchase or possess a firearm or 349 to carry a concealed firearm from accessing or using the record 350 of the judgment or finding in the course of such agencys 351 official duties. 352 (10)(a)A criminal history record ordered expunged under 353 this section that is retained by the department is confidential 354 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 355 Constitution, except that the record shall be made available: 356 1.To criminal justice agencies for their respective 357 criminal justice purposes. 358 2.To any governmental agency that is authorized by state 359 or federal law to determine eligibility to purchase or possess a 360 firearm or to carry a concealed firearm for use in the course of 361 such agencys official duties. 362 3.Upon order of a court of competent jurisdiction. 363 (b)A criminal justice agency may retain a notation 364 indicating compliance with an order to expunge. 365 (11)(a)The following criminal intelligence information or 366 criminal investigative information is confidential and exempt 367 from s. 119.07(1) and s. 24(a), Art. I of the State 368 Constitution: 369 1.Any information that reveals the identity of a person 370 who is a victim of human trafficking whose criminal history 371 record has been expunged under this section. 372 2.Any information that may reveal the identity of a person 373 who is a victim of human trafficking whose criminal history 374 record has been ordered expunged under this section. 375 (b)Criminal investigative information and criminal 376 intelligence information made confidential and exempt under this 377 subsection may be disclosed by a law enforcement agency: 378 1.In the furtherance of its official duties and 379 responsibilities. 380 2.For print, publication, or broadcast if the law 381 enforcement agency determines that such release would assist in 382 locating or identifying a person that the agency believes to be 383 missing or endangered. The information provided should be 384 limited to that needed to identify or locate the victim. 385 3.To another governmental agency in the furtherance of its 386 official duties and responsibilities. 387 (c)This exemption applies to such confidential and exempt 388 criminal intelligence information or criminal investigative 389 information held by a law enforcement agency before, on, or 390 after the effective date of the exemption. 391 Section 7.This act shall take effect July 1, 2023.