The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Children, Families, and Elder Affairs
BILL: CS/SB 1690
INTRODUCER: Children, Families, and Elder Affairs and Senator Ingoglia
SUBJECT: Human Trafficking
DATE: March 28, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Tuszynski Cox CF Fav/CS
2. AHS
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1690 creates s. 402.88, F.S., to codify a certification process for adult safe houses. These
safe houses must be certified by the Department of Children and Families (DCF) to care for
adults who have been sexually exploited or trafficked. The bill requires the DCF to establish a
process to certify, inspect, and annually recertify adult safe houses that:
Provide a facility that serves as an adult safe house to receive and shelter persons who are
victims of human trafficking.
Allow minor children and other dependents of the victim when such dependents are partly or
wholly dependent on the victim, to be sheltered with the victim in an adult safe house.
Receive annual written endorsement of local law enforcement.
Provide certain minimum services.
Participate in providing orientation and training programs developed for law enforcement,
social workers, and other professionals who work with human trafficking victims.
Provide a safe, therapeutic environment tailored to the needs of commercially sexually
exploited (CSE) or trafficked adults who have endured significant trauma using strength-
based and trauma-informed treatment models.
File with the DCF a list of specified information, amended as necessary, of human trafficking
advocates employed or volunteering at the adult safe house who may claim privilege under s.
90.5037, F.S., to refuse to disclose certain information.
Comply with rules adopted under the section.
REVISED: BILL: CS/SB 1690 Page 2
The bill allows the DCF to deny, suspend, or revoke the certification of an adult safe house that
fails to comply with the requirements of the bill.
The bill allows the DCF to exempt the hotline, professional training, or community education
requirements for a new adult safe house if already provided by another adult safe house within
the designated service area to avoid duplication of services. The bill also outlines the training of
adult safe house staff and requires the DCF to ensure that staff has completed said training, the
contents of which are to be specified by rule.
The bill amends s. 409.1678, F.S., related to specialized residential options for children who are
victims of CSE, to:
Require the DCF to develop age-appropriate educational programming for children regarding
the signs and dangers of, and how to report, human trafficking. The educational
programming must be developed for safe houses or safe foster homes.
Detail that appropriate security for Safe Houses and Safe Foster Homes must provide for, at a
minimum, the detection of possible trafficking activity, coordination with law enforcement,
and be part of the emergency response to search for absent or missing children. To be in
compliance with providing appropriate security, the safe house must either:
o Employ or contract with a least one individual that has law enforcement, investigative, or
other similar training; or
o Execute a contract or memorandum of understanding with a law enforcement agency to
perform these functions.
The bill also amends ss. 394.875, 409.1678, and 409.175, F.S., to require certain facilities to
display signs to warn youth of the dangers of human trafficking and to encourage the reporting of
individuals observed attempting to engage in human trafficking activity.
Finally, the bill amends s. 787.29, F.S., to move a provision allowing a county commission to
adopt an ordinance to enforce human trafficking awareness signage into the subsection that
requires the display of such signs.
The bill will have a significant negative fiscal impact on state government. See Section V. Fiscal
Impact Statement.
The bill takes effect July 1, 2023.
II. Present Situation:
Human Trafficking
The Florida Legislature recognizes human trafficking as a form of modern-day slavery
whose
victims include young children, teenagers, and adults who may be citizens that are trafficked
domestically within the borders of the United States or smuggled across international borders
worldwide.
1
While victims of human trafficking are forced to work in prostitution or sexual
entertainment, trafficking also occurs in forms of labor exploitation, such as domestic servitude,
1
Section 787.06, F.S. BILL: CS/SB 1690 Page 3
restaurant work, janitorial work, factory work, and agricultural work.
2
Many human trafficking
victims are induced with false promises of financial or emotional security, but are forced or
coerced
3
into commercial sexual activity,
4
domestic servitude, or other types of forced labor.
5
Human Trafficking in Florida
Florida law defines “human trafficking” as transporting, soliciting, recruiting, harboring,
providing, enticing, maintaining,
6
purchasing, patronizing, procuring, or obtaining
7
another
person for the purpose of exploitation of that person.
8
In Florida, any person who knowingly, or
in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human
trafficking, or benefits financially by receiving anything of value from participation in a venture
that has subjected a person to human trafficking for labor or services, or commercial sexual
activity, commits a crime.
9
Florida law sets out several circumstances which give rise to
specified penalties including, in part:
Labor or services of any child under the age of 18 commits a first degree felony;
10
Labor or services of any child under the age of 18 who is an unauthorized alien
11
commits a
first degree felony;
12
Labor or services who does so by the transfer or transport of any child under the age of 18
from outside of Florida to within Florida commits a first degree felony;
13
2
Id.
3
Section 787.06(2)(a), F.S., defines “coercion” in the context of human trafficking as using or threatening physical force;
restraining, isolating, or confining or threatening the same without lawful authority and against his or her will; using lending
or other credit methods to establish a debt when labor or services are pledged as a security for the debt, if the reasonably
assessed value of the labor or services is not applied toward liquidation of the debt, and the length and nature of the labor or
service and not limited and defined; destroying, concealing, removing, confiscating, withholding, or possessing any actual or
purported passport, visa, or other immigration document of any person; causing or threatening to cause financial harm,
enticing or luring by fraud or deceit; or providing controlled substances to any person for the purpose of exploitation.
4
Section 787.062(2)(b), F.S., defines “commercial sexual activity” as any violation of ch. 796, F.S., or an attempt to commit
any such offense, and includes sexually explicit performances and the production of pornography.
5
The Department of Education, Healthy Schools – Human Trafficking, available at http://www.fldoe.org/schools/healthy-
schools/human-trafficking.stml (last visited March 19, 2023).
6
Section 787.06(2)(f), F.S., provides “maintain” means, in relation to labor or services, to secure or make possible continued
performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. Section
787.06(2)(h), F.S., defines “services” as any act committed at the behest of, under the supervision of, or for the benefit of
another, including forced marriage, servitude, or the removal of organs.
7
Section 787.06(2)(g), F.S., provides “obtain” means, in relation to labor, commercial sexual activity, or services, to receive,
take possession of, or take custody of another person or secure performance thereof. Section 787.06(2)(e), F.S., provides
“labor” means work of economic or financial value.
8
Section 787.06(2)(d), F.S.
9
Section 787.06(3), F.S.
10
Section 787.06(3)(a)1., F.S. A first degree felony is punishable by a state prison term not exceeding 30 years, a fine not
exceeding $10,000, or both. Sections 775.082 and 775.083, F.S.
11
Section 787.06(2)(j), F.S., defines “unauthorized alien” as an alien who is not authorized under federal law to be employed
in the United States, as provided in 8 U.S.C. s. 1324a(h)(3).
12
Section 787.06(3)(c)1., F.S.
13
Section 787.06(3)(e)1., F.S. BILL: CS/SB 1690 Page 4
Commercial sexual activity
14
who does so by the transfer or transport of any child under the
age of 18 from outside of Florida to within Florida commits a first degree felony;
15
or
Commercial sexual activity in which any child under the age of 18, or in which any person
who is mentally defective
16
or mentally incapacitated
17
is involved commits a life felony.
18
The above-mentioned first-degree felonies are reclassified as a life felony if a person causes
great bodily harm, permanent disability, or permanent disfigurement to another person during the
commission of the offense.
19
Ignorance of the human trafficking victim’s age, the victim’s
misrepresentation of his or her age, or a bona fide belief of the victim’s age cannot be raised as a
defense by a defendant.
20
Florida is ranked the third highest state of reported human trafficking cases in the United
States.
21
In 2021, reports of commercially exploited children to the Florida Abuse Hotline
remained relatively stable, increasing from 3,181 reports in 2020 to 3,182 reports in 2021.
22
Child Sexual Exploitation in Florida
It is difficult to obtain an accurate count of commercial sexual exploitation (CSE) victims who
are children because these victims are not readily identifiable.
23
CSE victims do not have
immediately recognizable characteristics, many do not have identification, and they are often
physically or psychologically controlled by adult traffickers; as such, they rarely disclose or
provide information on exploitation.
24
14
Section 787.06(2)(b), F.S., defines “commercial sexual activity” as any violation of ch. 796, F.S., or an attempt to commit
any such offense, and includes sexually explicit performances and the production of pornography. Section 787.06(2)(i), F.S.,
defines “sexual explicit performance” as an act or show, whether public or private, that is live, photographed, recorded, or
videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest.
15
Section 787.06(3)(f)1., F.S., provides that an offense committed under these circumstances is punishable by a term of
imprisonment not exceeding life or as provided in ss. 775.082, 775.083, or 775.084, F.S.
16
Section 794.011(1)(c), F.S., defines “mentally defective” as a mental disease or defect which renders a person temporarily
or permanently incapable of appraising the nature of his or her conduct.
17
Section 794.011(1)(d), F.S., defines “mental incapacitated” as temporarily incapable of appraising or controlling a person’s
own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent
or due to any other act committed upon that person without his or her consent.
18
A life felony is punishable by a term of life imprisonment, $15,000 fine, or both as provided in s. 775.082(3)(a)6., F.S., s.
775.083, F.S., or s. 775.084, F.S.
19
Section 787.06(8)(b), F.S.
20
Section 787.06(9), F.S.
21
Florida Alliance to End Human Trafficking, The Issue, available at https://floridaallianceendht.com/the-issue/ (last visited
March 19, 2023).
22
The Office of Program Policy Analysis and Government Accountability, Annual Report on the Commercial Sexual
Exploitation of Children in Florida, 2022, p. 2, July 2022, available at https://oppaga.fl.gov/Documents/Reports/22-05.pdf
(last visited March 19, 2023).
23
Office of Program Policy Analysis & Government Accountability, Placement Challenges Persist for Child Victims of Commercial
Sexual Exploitation; Questions Regarding Effective Interventions and Outcomes Remain, (Jul. 2016), available at
https://oppaga.fl.gov/Products/ReportDetail?rn=16-04 (last visited March 22, 2023).
24
U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention, Commercial Sexual Exploitation of Children and Sex
Trafficking, available at https://ojjdp.ojp.gov/model-programs-guide/literature-
reviews/commercial_sexual_exploitation_of_children_and_sex_trafficking.pdf (last visited March 22, 2023). BILL: CS/SB 1690 Page 5
For calendar year 2021, the DCF verified 377 child victims of commercial sexual exploitation
from 3,182 reports alleging commercial sexual exploitation made to the hotline.
25
Of the reports
that were referred for investigation, most came from the Department of Juvenile Justice (DJJ),
the Department of Corrections, or criminal justice personnel and law enforcement.
26
Of the 377
verified commercially sexually exploited children, 25% were in out-of-home care, including the
care of relatives or in foster homes, residential group care, or residential treatment centers.
27
Safe Houses and Safe Foster Homes for Child-victims of Human Trafficking
Current law defines and provides for the certification of specialized residential options for
children who are victims of human trafficking or commercial sexual exploitation (CSE).
28
The
law defines a “safe foster home” to mean a foster home certified by the DCF to care for sexually
exploited children and a “safe house” to mean a group residential placement certified by the DCF
to care for sexually exploited children.
29
To be certified, a safe house or safe foster home must:
Use strength-based and trauma-informed approaches to care, to the extent possible and
appropriate.
Serve exclusively one sex.
Group child victims of CSE by age or maturity level.
Care for child victims of CSE in a manner that separates those children from children with
other needs. Safe houses and safe foster homes may care for other populations if the children
who have not experienced commercial sexual exploitation do not interact with children who
have experienced commercial sexual exploitation.
Have awake staff members on duty 24 hours a day, if a safe house.
Provide appropriate security through facility design, hardware, technology, staffing, and
siting, including, but not limited to, external video monitoring or door exit alarms, a high
staff-to-client ratio, or being situated in a remote location that is isolated from major
transportation centers and common trafficking areas.
Meet other criteria established by department rule,
30
which may include, but are not limited
to, personnel qualifications, staffing ratios, and types of services offered.
31
At-Risk Houses
At-Risk Houses are group care homes that are certified to serve children considered to be at-risk
for sex trafficking. Children are deemed to be “at risk of sex trafficking” if they have
experienced trauma, such as abuse, neglect, and/or maltreatment, and present one or more of the
accompanying risk factors: history of running away and/or homelessness; history of sexual abuse
and/or sexually acting out behavior; inappropriate interpersonal and/or social media boundaries;
family history of or exposure to human trafficking; or, out-of-home placement instability
25
Office of Program Policy Analysis & Government Accountability, Annual Report on the Commercial Sexual Exploitation of Children in
Florida, 2022, Report 22-05, July 2022, pp. i and 2, available at https://oppaga.fl.gov/Products/ReportDetail?rn=22-05 (last viewed March
22, 2023).
26
Id.
27
Id., p. 4.
28
Section 409.1678, F.S.
29
Section 409.1678(1), F.S.
30
Rule 65C-46.020, F.A.C.
31
Section 409.1678(2)(c), F.S. BILL: CS/SB 1690 Page 6
demonstrated by repeated moves from less restrictive levels of care. There are currently 157 At-
Risk Houses licensed by DCF to provide services to youth who are at risk of sex trafficking.
32
Safe Houses for Adult Survivors of Human Trafficking
The DCF reports they are aware of 13 adult safe houses that provide services to adult survivors
of human trafficking.
33
Of these, two allow for the survivor’s minor children to also reside in the
home.
34
The DCF does not regulate or monitor any of the 13 adult safe houses
35
and current law provides
no framework for any agency to do so.
Privileged Communication between Human Trafficking Victims and Others
Section 90.5037, F.S., creates a privilege to refuse to disclose confidential communications or
records between human trafficking victims and human trafficking victim advocates or trained
volunteers made in the course of advising, counseling, or providing services. The law gives a
human trafficking victim the power to not personally disclose and also prevent disclosure by any
other person.
36
This privilege may be claimed by:
The victim of human trafficking.
The guardian or conservator of a victim.
The personal representative of a deceased victim.
The human trafficking victim advocate or trained volunteer, but only on behalf of the human
trafficking victim. The authority to claim this privilege is presumed in the absence of
evidence to the contrary.
37
III. Effect of Proposed Changes:
Adult Safe Houses
The bill creates s. 402.88, F.S., to codify a certification process for adult safe houses. These safe
houses must be certified by the Department of Children and Families (DCF) to care for adults
who have been sexually exploited or trafficked.
The bill requires the DCF to establish a process to certify adult safe houses that:
Provide a facility that serves as an adult safe house to receive and house persons who are
victims of human trafficking.
o Minor children and other dependents of the victim when such dependents are partly or
wholly dependent on the victim, may be sheltered with the victim in an adult safe house.
32
The DCF, 2023 Agency Legislative Bill Analysis, SB 1690, Human Trafficking, p. 3 (on file with Committee on Children,
Families, and Elder Affairs Staff). (hereinafter cited as DCF Bill Analysis)
33
DCF Bill Analysis, p. 2.
34
Id.
35
Id.
36
Section 90.5037(3), F.S.
37
Section 90.5037(4), F.S. BILL: CS/SB 1690 Page 7
Receive annual written endorsement of local law enforcement.
Provide the following minimum services:
o Information and referral;
o Licensed counseling and case management;
o Substance abuse screening and access or referral to treatment;
o Temporary emergency shelter for more than 24 hours;
o Operation of a 24-hour hotline;
o Nonresidential outreach services;
o Training for law enforcement personnel;
o Assessment and appropriate referral of resident children; and
o Educational services for community awareness, prevention, and services available for
persons subject to human trafficking.
Participate in providing orientation and training programs developed for law enforcement,
social workers, and other professionals who work with human trafficking victims.
Provide a safe, therapeutic environment tailored to the needs of CSE or trafficked adults who
have endured significant trauma using strength-based and trauma-informed treatment models.
File with the DCF a list, amended as necessary, of human trafficking advocates employed or
volunteering at the adult safe house who may claim privilege under s. 90.5037, F.S.,
38
to
refuse to disclose certain information. The list must include the title of the position held by
the advocate and a description of the duties of his or her position.
Comply with rules adopted under the section.
The bill allows the DCF to exempt the hotline, professional training, or community education
requirements for a new adult safe house if already provided by another adult safe house within
the designated service area to avoid duplication of services.
The bill requires the DCF to inspect and annually certify adult safe houses to ensure compliance
with the requirements of the section and allows the denial, suspension, or revocation of
certification if an adult safe house fails to comply with those requirements.
The bill also outlines the training of adult safe house staff and requires the DCF to ensure that
staff has completed said training, the contents of which are to be specified by rule.
The bill allows the DCF to adopt rules to implement the section, which must include, in part,
rules related to health and safety provisions that protect minor children and other dependents of a
victim that shelter in the adult safe house from recruitment, and to ensure that the minors do not
become at risk of becoming, or become victims of human trafficking.
Education and Signage
The bill amends s. 409.1678, F.S., to require the DCF to develop age-appropriate educational
programming for children regarding the signs and dangers of, and how to report, human
38
Section 90.5037, F.S. makes certain communications between certain human trafficking victim’s advocates and human
trafficking victims confidential. BILL: CS/SB 1690 Page 8
trafficking. The educational programming must be developed for safe houses or safe foster
homes.
39
The bill amends ss. 394.875, 409.1678, and 409.175, F.S., to require the following places to
display signs to warn youth of the dangers of human trafficking and to encourage the reporting of
individuals observed attempting to engage in human trafficking activity:
Residential treatment centers for children and adolescents;
Safe houses:
Foster homes:
Residential child-caring agencies; and
Child-placing agencies.
The signs must be in conspicuous locations and must contain the telephone number for either the
National Human Trafficking Resource Center or other number that the Florida Department of
Law Enforcement uses to detect and stop human trafficking.
The DCF is required to specify the content of the signs by rule. For residential treatment centers
for children and adolescents, the DCF is required to consult with the Agency for Health Care
Administration on the content of such signs.
The bill amends s. 787.29, F.S., relocating a provision in current law that allows a county
commission to adopt an ordinance to enforce human trafficking awareness signage into the
subsection that requires the display of such signs.
Certification of Safe Houses
As stated above, s. 409.1678, F.S., requires Safe Houses and Safe Foster Homes to provide
appropriate security through specified means. The bill also amends s. 409.1678, F.S., to detail
that appropriate security for Safe Houses must provide for, at a minimum, the detection of
possible trafficking activity, coordination with law enforcement, and be part of the emergency
response to search for absent or missing children. To be in compliance with providing
appropriate security, the safe house must either:
Employ or contract with a least one individual that has law enforcement, investigative, or
other similar training; or
Execute a contract or memorandum of understanding with a law enforcement agency to
perform these functions.
The bill takes effect July 1, 2023
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
39
Section 409.1678, F.S. defines “Safe foster home” as a foster home certified by the DCF to care for sexually exploited
children and “Safe house” as a group residential placement certified by the DCF to care for sexually exploited children. BILL: CS/SB 1690 Page 9
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
It is unknown how many new adult safe houses will require certification. The DCF
projects a fiscal impact of $370,145 recurring and $404,275 nonrecurring for staff and
technology to certify the 13 known adult safe houses.
40
Staff
The DCF projects an estimated 100 hours of staff time, per safe house, to complete pre-
monitoring, travel, inspections, post site monitoring/follow up, and administrative actions
and anticipates needing at least three FTEs for regional certification specialists to
implement, including: three Operation Review Specialists as Certification Specialists:
$301,420 ($285,145 recurring / $16,275 nonrecurring). This includes a base salary
($50,192) and benefits package ($24,347) for each of the three certification specialists,
plus travel, and other recurring and nonrecurring expenses.
41
Technology
The DCF projects needing three consultants to develop the technology platform to
support adult safe house certification and one FTE for ongoing maintenance and
40
DCF Bill Analysis, p. 7.
41
Id. BILL: CS/SB 1690 Page 10
operation to implement the requirements of the bill.
42
The three consultants would require
$388,000 in nonrecurring funding and the one FTE would require $75,000 in recurring
funding.
43
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 394.875, 409.1678, 409.175, and 787.29 of the Florida
Statutes.
This bill creates section 402.88 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Children, Families, and Elder Affairs on March 27, 2023:
The Committee Substitute moved certain provisions related to signage into the sections of
statute related to relevant facility regulation, identified specific health and safety
requirements to be considered for rulemaking, and clarified what is required to provide
appropriate security in safe houses.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
42
Id. at pp. 8-9
43
Id.