Florida Senate - 2023 CS for CS for CS for SB 1690 By the Committee on Fiscal Policy; the Appropriations Committee on Health and Human Services; the Committee on Children, Families, and Elder Affairs; and Senator Ingoglia 594-04105-23 20231690c3 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; creating s. 402.88, F.S.; defining terms; 9 requiring the department to develop a process to 10 certify adult safe houses that provide housing and 11 care to adult survivors of human trafficking; 12 providing certification requirements; authorizing 13 rulemaking; requiring the department to inspect adult 14 safe houses before certification and annually 15 thereafter; requiring the department to ensure the 16 staff of each adult safe house completes specified 17 intensive training; providing for department actions 18 for noncompliance; amending s. 409.1678, F.S.; 19 providing requirements for safe houses and safe foster 20 homes; requiring the department to develop or approve 21 educational programming on commercial sexual 22 exploitation; amending s. 409.175, F.S.; requiring 23 specified signage to be placed on the premises of 24 facilities maintained by licensed child-caring 25 agencies; requiring the department to adopt rules; 26 amending s. 509.096, F.S.; reducing the correction 27 period for a public lodging establishment to respond 28 to a violation committed on or after a specified date; 29 prohibiting the Division of Hotels and Restaurants of 30 the Department of Business and Professional Regulation 31 from providing a correction period to a public lodging 32 establishment for a second or subsequent violation 33 committed on or after a specified date; requiring the 34 division to impose the applicable administrative fines 35 for such violations; amending s. 943.0583, F.S.; 36 prohibiting victims of human trafficking from 37 petitioning the court for the expunction of a criminal 38 history record that resulted from a conviction of 39 specified offenses; defining the term conviction; 40 amending s. 787.29, F.S.; making technical changes; 41 providing an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1.Subsection (8) of section 394.875, Florida 46 Statutes, is amended to read: 47 394.875Crisis stabilization units, residential treatment 48 facilities, and residential treatment centers for children and 49 adolescents; authorized services; license required. 50 (8)(a)The department, in consultation with the agency, 51 must adopt rules governing a residential treatment center for 52 children and adolescents which specify licensure standards for: 53 admission; length of stay; program and staffing; discharge and 54 discharge planning; treatment planning; seclusion, restraints, 55 and time-out; rights of patients under s. 394.459; use of 56 psychotropic medications; and standards for the operation of 57 such centers. 58 (b)Residential treatment centers for children and 59 adolescents must conspicuously place signs on their premises to 60 warn children and adolescents of the dangers of human 61 trafficking and to encourage the reporting of individuals 62 observed attempting to engage in human trafficking activity. The 63 signs must contain the telephone number for the National Human 64 Trafficking Hotline or such other number that the Department of 65 Law Enforcement uses to detect and stop human trafficking. The 66 department, in consultation with the agency, shall specify, at a 67 minimum, the content of the signs by rule. 68 Section 2.Section 402.88, Florida Statutes, is created to 69 read: 70 402.88Adult safe houses for adults who have been sexually 71 exploited or trafficked. 72 (1)As used in this section the term: 73 (a)Adult safe house means a group residential facility 74 certified by the department under this section to care for 75 adults who have been sexually exploited or trafficked. 76 (b)Department means the Department of Children and 77 Families. 78 (2)The department shall establish a process to certify 79 adult safe houses that provide housing and care to adult 80 survivors of human trafficking as defined in s. 787.06. The 81 adult safe houses certified under this section must: 82 (a)Provide a facility which will serve as an adult safe 83 house to receive and house persons who are victims of human 84 trafficking. For the purpose of this section, minor children and 85 other dependents of a victim, when such dependents are partly or 86 wholly dependent on the victim for support or services, may be 87 sheltered with the victim in an adult safe house. 88 (b)Receive the annual written endorsement of local law 89 enforcement agencies. 90 (c)Provide minimum services that include, but are not 91 limited to, information and referral services, licensed 92 counseling and case management services, substance abuse 93 screening and, when necessary, access or referral to treatment, 94 temporary emergency shelter for more than 24 hours, a 24-hour 95 hotline, nonresidential outreach services, training for law 96 enforcement personnel, assessment and appropriate referral of 97 resident children, and educational services for community 98 awareness relative to the incidence of human trafficking, the 99 prevention of such crimes, and the services available for 100 persons subject to human trafficking. If a 24-hour hotline, 101 professional training, or community education is already 102 provided by an adult safe house within its designated service 103 area, the department may exempt such certification requirements 104 for a new center serving the same service area to avoid 105 duplication of services. 106 (d)Participate in the provision of orientation and 107 training programs developed for law enforcement officers, social 108 workers, and other professionals and paraprofessionals who work 109 with human trafficking victims to better enable such persons to 110 deal effectively with incidents of human trafficking. 111 (e)Provide a safe, therapeutic environment tailored to the 112 needs of commercially sexually exploited or trafficked adults 113 who have endured significant trauma. Adult safe houses shall use 114 a model of treatment that includes strength-based and trauma 115 informed approaches. 116 (f)File with the department a list of the names of the 117 human trafficking advocates who are employed or who volunteer at 118 the adult safe house who may claim a privilege under s. 90.5037 119 to refuse to disclose a confidential communication between a 120 victim of human trafficking and the advocate regarding the human 121 trafficking inflicted upon the victim. The list must include the 122 title of the position held by the advocate whose name is listed 123 and a description of the duties of that position. An adult safe 124 house shall file amendments to this list as necessary. 125 (g)Comply with rules adopted under this section. 126 (3)The department may adopt rules to implement this 127 section. The rules adopted must include health and safety 128 provisions, including but not limited to protection from 129 recruitment, to ensure that the minor children and other 130 dependents of a victim that shelter in the adult safe house 131 under paragraph (2)(a) do not become at risk of becoming, or 132 become victims of commercial sexual exploitation. 133 (4)The department shall inspect adult safe houses before 134 certification and annually thereafter to ensure compliance with 135 the requirements of this section. 136 (5)The department shall ensure the staff of each adult 137 safe house completes intensive training that, at a minimum, 138 includes the needs of victims of commercial sexual exploitation, 139 the effects of trauma and sexual exploitation, and how to 140 address victims needs using strength-based and trauma-informed 141 approaches. The department shall specify by rule the contents of 142 this training and may develop or contract for a standard 143 curriculum. 144 (6)If the department finds that there is failure by an 145 adult safe house to comply with the requirements established, or 146 rules adopted, under this section, the department may deny, 147 suspend, or revoke the certification of the adult safe house. 148 Section 3.Paragraphs (c) and (d) of subsection (2) of 149 section 409.1678, Florida Statutes, are amended to read: 150 409.1678Specialized residential options for children who 151 are victims of commercial sexual exploitation. 152 (2)CERTIFICATION OF SAFE HOUSES AND SAFE FOSTER HOMES. 153 (c)To be certified, a safe house must hold a license as a 154 residential child-caring agency, as defined in s. 409.175, and a 155 safe foster home must hold a license as a family foster home, as 156 defined in s. 409.175. A safe house or safe foster home must 157 also: 158 1.Use strength-based and trauma-informed approaches to 159 care, to the extent possible and appropriate. 160 2.Serve exclusively one sex. 161 3.Group child victims of commercial sexual exploitation by 162 age or maturity level. 163 4.Care for child victims of commercial sexual exploitation 164 in a manner that separates those children from children with 165 other needs. Safe houses and safe foster homes may care for 166 other populations if the children who have not experienced 167 commercial sexual exploitation do not interact with children who 168 have experienced commercial sexual exploitation. 169 5.Have awake staff members on duty 24 hours a day, if a 170 safe house. 171 6.a.Provide appropriate security through facility design, 172 hardware, technology, staffing, and siting, including, but not 173 limited to, external video monitoring or door exit alarms, a 174 high staff-to-client ratio, or being situated in a remote 175 location that is isolated from major transportation centers and 176 common trafficking areas. 177 b.If a safe house, appropriate security must provide for, 178 at a minimum, the detection of possible trafficking activity 179 around a facility, coordination with law enforcement, and be 180 part of the emergency response to search for absent or missing 181 children. For a safe house to be in compliance with providing 182 appropriate security under this subparagraph, the safe house 183 must either: 184 (I)Employ or contract with at least one individual that 185 has law enforcement, investigative, or other similar training, 186 as established by rule by the department; or 187 (II)Execute a contract or memorandum of understanding with 188 a law enforcement agency to perform these functions. 189 7.If a safe house, conspicuously place signs on the 190 premises to warn children of the dangers of human trafficking 191 and to encourage the reporting of individuals observed 192 attempting to engage in human trafficking activity. The signs 193 must advise children to report concerns to the local law 194 enforcement agency or the Department of Law Enforcement, 195 specifying the appropriate telephone numbers used for such 196 reports. The department shall specify, at a minimum, the content 197 of the signs by rule. 198 8.Meet other criteria established by department rule, 199 which may include, but are not limited to, personnel 200 qualifications, staffing ratios, and types of services offered. 201 (d)Safe houses and safe foster homes shall provide 202 services tailored to the needs of child victims of commercial 203 sexual exploitation and shall conduct a comprehensive assessment 204 of the service needs of each resident. In addition to the 205 services required to be provided by residential child caring 206 agencies and family foster homes, safe houses and safe foster 207 homes must provide, arrange for, or coordinate, at a minimum, 208 the following services: 209 1.Victim-witness counseling. 210 2.Family counseling. 211 3.Behavioral health care. 212 4.Treatment and intervention for sexual assault. 213 5.Education tailored to the childs individual needs, 214 including remedial education if necessary. 215 6.Life skills and workforce training. 216 7.Mentoring by a survivor of commercial sexual 217 exploitation, if available and appropriate for the child. 218 8.Substance abuse screening and, when necessary, access to 219 treatment. 220 9.Planning services for the successful transition of each 221 child back to the community. 222 10.Activities structured in a manner that provides child 223 victims of commercial sexual exploitation with a full schedule. 224 11.Deliver age-appropriate programming to educate children 225 regarding the signs and dangers of commercial sexual 226 exploitation and how to report commercial sexual exploitation. 227 The department shall develop or approve such programming. 228 Section 4.Paragraph (b) of subsection (5) of section 229 409.175, Florida Statutes, is amended to read: 230 409.175Licensure of family foster homes, residential 231 child-caring agencies, and child-placing agencies; public 232 records exemption. 233 (5)The department shall adopt and amend rules for the 234 levels of licensed care associated with the licensure of family 235 foster homes, residential child-caring agencies, and child 236 placing agencies. The rules may include criteria to approve 237 waivers to licensing requirements when applying for a child 238 specific license. 239 (b)The requirements for licensure and operation of family 240 foster homes, residential child-caring agencies, and child 241 placing agencies shall include: 242 1.The operation, conduct, and maintenance of these homes 243 and agencies and the responsibility which they assume for 244 children served and the evidence of need for that service. 245 2.The provision of food, clothing, educational 246 opportunities, services, equipment, and individual supplies to 247 assure the healthy physical, emotional, and mental development 248 of the children served. 249 3.The appropriateness, safety, cleanliness, and general 250 adequacy of the premises, including fire prevention and health 251 standards, to provide for the physical comfort, care, and well 252 being of the children served. 253 4.The ratio of staff to children required to provide 254 adequate care and supervision of the children served and, in the 255 case of family foster homes, the maximum number of children in 256 the home. 257 5.The good moral character based upon screening, 258 education, training, and experience requirements for personnel 259 and family foster homes. 260 6.The department may grant exemptions from 261 disqualification from working with children or the 262 developmentally disabled as provided in s. 435.07. 263 7.The provision of preservice and inservice training for 264 all foster parents and agency staff. 265 8.Satisfactory evidence of financial ability to provide 266 care for the children in compliance with licensing requirements. 267 9.The maintenance by the agency of records pertaining to 268 admission, progress, health, and discharge of children served, 269 including written case plans and reports to the department. 270 10.The provision for parental involvement to encourage 271 preservation and strengthening of a childs relationship with 272 the family. 273 11.The transportation safety of children served. 274 12.The provisions for safeguarding the cultural, 275 religious, and ethnic values of a child. 276 13.Provisions to safeguard the legal rights of children 277 served. 278 14.Requiring signs to be conspicuously placed on the 279 premises of facilities maintained by child-caring agencies to 280 warn children of the dangers of human trafficking and to 281 encourage the reporting of individuals observed attempting to 282 engage in human trafficking activity. The signs must advise 283 children to report concerns to the local law enforcement agency 284 or the Department of Law Enforcement, specifying the appropriate 285 telephone numbers used for such reports. The department shall 286 specify, at a minimum, the content of the signs by rule. 287 Section 5.Subsection (3) of section 509.096, Florida 288 Statutes, is amended to read: 289 509.096Human trafficking awareness training and policies 290 for employees of public lodging establishments; enforcement. 291 (3)For a violation committed on or after July 1, 2023, the 292 division shall impose an administrative fine of $2,000 per day 293 on a public lodging establishment that is not in compliance with 294 this section and remit the fines to the direct-support 295 organization established under s. 16.618, unless the division 296 receives adequate written documentation from the public lodging 297 establishment which provides assurance that each deficiency will 298 be corrected within 45 90 days after the division provided the 299 public lodging establishment with notice of its violation. For a 300 second or subsequent violation of this subsection committed on 301 or after July 1, 2023, the division may not provide a correction 302 period to a public lodging establishment and must impose the 303 applicable administrative fines. 304 Section 6.Subsection (3) of section 943.0583, Florida 305 Statutes, is amended, and subsections (10) and (11) of that 306 section are republished, to read: 307 943.0583Human trafficking victim expunction. 308 (3)(a)Except as provided in paragraph (b), a person who is 309 a victim of human trafficking may petition for the expunction of 310 a criminal history record resulting from the arrest or filing of 311 charges for one or more offenses committed or reported to have 312 been committed while the person was a victim of human 313 trafficking, which offense was committed or reported to have 314 been committed as a part of the human trafficking scheme of 315 which the person was a victim or at the direction of an operator 316 of the scheme, including, but not limited to, violations under 317 chapters 796 and 847, without regard to the disposition of the 318 arrest or of any charges. 319 (b)A person who is a victim of human trafficking may not 320 petition the court for the expunction of a criminal history 321 record that resulted from a conviction of an offense listed in 322 s. 775.084(1)(b)1. For purposes of this section, the term 323 conviction has the same meaning as s. 943.0584(1) However, 324 this section does not apply to any offense listed in s. 325 775.084(1)(b)1. 326 (c)Determination of the petition under this section should 327 be by a preponderance of the evidence. A conviction expunged 328 under this section is deemed to have been vacated due to a 329 substantive defect in the underlying criminal proceedings. If a 330 person is adjudicated not guilty by reason of insanity or is 331 found to be incompetent to stand trial for any such charge, the 332 expunction of the criminal history record may not prevent the 333 entry of the judgment or finding in state and national databases 334 for use in determining eligibility to purchase or possess a 335 firearm or to carry a concealed firearm, as authorized in s. 336 790.065(2)(a)4.c. and 18 U.S.C. s. 922(t), nor shall it prevent 337 any governmental agency that is authorized by state or federal 338 law to determine eligibility to purchase or possess a firearm or 339 to carry a concealed firearm from accessing or using the record 340 of the judgment or finding in the course of such agencys 341 official duties. 342 (10)(a)A criminal history record ordered expunged under 343 this section that is retained by the department is confidential 344 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 345 Constitution, except that the record shall be made available: 346 1.To criminal justice agencies for their respective 347 criminal justice purposes. 348 2.To any governmental agency that is authorized by state 349 or federal law to determine eligibility to purchase or possess a 350 firearm or to carry a concealed firearm for use in the course of 351 such agencys official duties. 352 3.Upon order of a court of competent jurisdiction. 353 (b)A criminal justice agency may retain a notation 354 indicating compliance with an order to expunge. 355 (11)(a)The following criminal intelligence information or 356 criminal investigative information is confidential and exempt 357 from s. 119.07(1) and s. 24(a), Art. I of the State 358 Constitution: 359 1.Any information that reveals the identity of a person 360 who is a victim of human trafficking whose criminal history 361 record has been expunged under this section. 362 2.Any information that may reveal the identity of a person 363 who is a victim of human trafficking whose criminal history 364 record has been ordered expunged under this section. 365 (b)Criminal investigative information and criminal 366 intelligence information made confidential and exempt under this 367 subsection may be disclosed by a law enforcement agency: 368 1.In the furtherance of its official duties and 369 responsibilities. 370 2.For print, publication, or broadcast if the law 371 enforcement agency determines that such release would assist in 372 locating or identifying a person that the agency believes to be 373 missing or endangered. The information provided should be 374 limited to that needed to identify or locate the victim. 375 3.To another governmental agency in the furtherance of its 376 official duties and responsibilities. 377 (c)This exemption applies to such confidential and exempt 378 criminal intelligence information or criminal investigative 379 information held by a law enforcement agency before, on, or 380 after the effective date of the exemption. 381 Section 7.Subsections (3) and (5) of section 787.29, 382 Florida Statutes, are amended, and subsection (4) of that 383 section is republished, to read: 384 787.29Human trafficking public awareness signs. 385 (3)(a)The employer at each of the following establishments 386 shall display a public awareness sign developed under subsection 387 (4) in a conspicuous location that is clearly visible to the 388 public and employees of the establishment: 389 1.(a)A strip club or other adult entertainment 390 establishment. 391 2.(b)A business or establishment that offers massage or 392 bodywork services for compensation that is not owned by a health 393 care practitioner regulated pursuant to chapter 456 and defined 394 in s. 456.001. 395 (b)The county commission may adopt an ordinance to enforce 396 this subsection. A violation of this subsection is a noncriminal 397 violation and punishable by a fine only as provided in s. 398 775.083. 399 (4)The required public awareness sign must be at least 8.5 400 inches by 11 inches in size, must be printed in at least a 16 401 point type, and must state substantially the following in 402 English and Spanish: 403 404 If you or someone you know is being forced to engage 405 in an activity and cannot leavewhether it is 406 prostitution, housework, farm work, factory work, 407 retail work, restaurant work, or any other activity 408 call the National Human Trafficking Resource Center at 409 1-888-373-7888 or text INFO or HELP to 233-733 to 410 access help and services. Victims of slavery and human 411 trafficking are protected under United States and 412 Florida law. 413 414 (5)The county commission may adopt an ordinance to enforce 415 subsection (3). A violation of subsection (3) is a noncriminal 416 violation and punishable by a fine only as provided in s. 417 775.083. 418 Section 8.This act shall take effect July 1, 2023.