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 Appropriations Committee on Health and Human Services
BILL: CS/CS/SB 1690
INTRODUCER: Appropriations Committee on Health and Human Services; Children, Families, and
Elder Affairs Committee; and Senator Ingoglia
SUBJECT: Sexual Exploitation and Human Trafficking
DATE: April 14, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Tuszynski Cox CF Fav/CS
2. Sneed Money AHS Fav/CS
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1690 creates s. 402.88, F.S., to require the Department of Children and Families
(DCF) to certify adult safe houses, and inspect and recertify the safe houses annually. The bill
defines an adult safe house as a group residential facility that provides care and housing for
adults who have been sexually exploited or trafficked, and requires adult safe houses to:
Receive and shelter victims of human trafficking and their minor children or other
dependents.
Provide, at a minimum, information and referral services, licensed counseling and case
management services, substance abuse screenings and, when necessary, access or referral to
treatment, temporary emergency shelter, a 24-hour hotline, outreach services, training for law
enforcement personnel, assessment and appropriate referral of resident children, and
community awareness educational services.
Participate in providing orientation and training programs developed for law enforcement
and professionals who work with human trafficking victims.
Provide a safe, therapeutic environment tailored to the needs of commercially sexually
exploited (CSE) or trafficked adults.
Receive an annual written endorsement from local law enforcement agencies.
File certain information regarding human trafficking employees or volunteers who may claim
privilege under s. 90.5037, F.S., to refuse to disclose certain information.
REVISED: BILL: CS/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 also outlines the training of adult safe house staff and requires the DCF to ensure that
staff has completed the training. 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 same service area.
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 for safe houses and safe foster homes age-appropriate
educational programming for children regarding the signs and dangers of, and how to report,
human trafficking.
Ensure security for safe houses and safe foster homes provides 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, 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 requires 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.
The bill also amends s. 943.0583, F.S., to modify the eligibility criteria for who may petition for
expunction of a criminal history record that is related to an enumerated offense on the habitual
violent felony offender list. The bill allows human trafficking victims to expunge such records if
the disposition was not a conviction. The bill defines the term “conviction”.
The bill will have a significant negative fiscal impact on state government. See Section V of this
analysis.
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/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/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
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
Reports of commercially exploited children to the Florida Abuse Hotline (hotline) for
2020 totaled 3,181 and 3,182 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/CS/SB 1690 Page 5
In 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 percent 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
including 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/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 that provide services to youth who are at risk of sex trafficking.
32
Safe Houses for Adult Survivors of Human Trafficking
There are currently 13 adult safe houses in Florida that serve 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 these 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
Human Trafficking Victim Expunction
In 2013, the Legislature created a process authorizing a victim of human trafficking to petition a
court for the expunction
38
of a criminal history record resulting from his or her arrest or filing of
charges for an offense committed or reported to have been committed while he or she was a
victim of human trafficking.
39
For purposes of human trafficking victim expunction, “victim of human trafficking” means a
person subjected to coercion
40
for the purpose of being used in human trafficking, a child under
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.
38
When a criminal history record is ordered to be expunged, the record must be physically destroyed by any criminal justice
agency possessing such record, except that any criminal history record in the custody of the Florida Department of Law
Enforcement (FDLE) must be retained. See s. 943.045(16), F.S.
39
Chapter 2013-98 s. 2, L.O.F.; codified as s.943.0583(3), F.S.
40
Section 787.06, F.S., defines “coercion” as “1. Using or threatening to use physical force against any person; 2.
Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority against BILL: CS/CS/SB 1690 Page 7
18 years of age subjected to human trafficking, or an individual subjected to human trafficking as
defined by federal law.
41
To be eligible for expunction, the criminal offense must be related to a human trafficking scheme
of which the person was a victim or the offense must have been committed at the direction of an
operator of the scheme and must not be one of the following offenses under s. 775.084(1)(b)1.,
related to the designation as a “habitual violent felony offender,” including:
Arson;
Sexual battery;
Robbery;
Kidnapping;
Aggravated child abuse;
Aggravated abuse of an elderly person or disabled adult;
Aggravated assault with a deadly weapon;
Murder;
Manslaughter;
Aggravated manslaughter of an elderly person or disabled adult;
Aggravated manslaughter of a child;
Unlawful throwing, placing, or discharging of a destructive device or bomb;
Armed burglary; or
Aggravated stalking.
42
The human trafficking victim is eligible to receive the expunction regardless of the disposition of
the arrest or of any charges unless the criminal history record sought to be expunged is related to
one of the above-listed offenses.
The court with original jurisdiction over the crime that the human trafficking victim seeks to
expunge is the court designated to hear the victim’s petition.
43
A petition must be initiated by the
petitioner with due diligence after he or she is no longer a victim of human trafficking or has
sought human trafficking services.
44
The petition must be accompanied by the following:
A sworn statement attesting that the petitioner is eligible for an expunction to the best of his
or her knowledge and does not have other petitions to expunge or seal pending before any
court; and
Official documentation of the petitioner’s status as a human trafficking victim, if any exists.
45
his or her will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged
as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of
the debt, the length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing
removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or
any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial
harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in
Schedule I or Schedule II of s. 893.03, F.S., to any person for the purpose of exploitation of that person.”
41
Section 943.0583(1)(c), F.S.
42
Section 943.0583(3), F.S. This subsection provides that expunction is not permitted if the offense is related to an offense
enumerated in s. 775.084(1)(b)1., F.S., related to habitual violent felony offenders.
43
Section 943.0583(2), F.S.
44
Section 943.0583(4), F.S.
45
Section 943.0583(6), F.S. BILL: CS/CS/SB 1690 Page 8
In contrast to other expunctions made under s. 943.0585, F.S., a court is required to treat a
petition seeking to expunge more than one eligible case as a single petition.
46
Florida’s clerks of
court are prohibited from charging a filing fee, service charge, or copy fee or any other charge
for a petition for a human trafficking victim expunction.
47
When a criminal history record is ordered to be expunged, the record must be physically
destroyed by any criminal justice agency possessing such record, except that any criminal history
record in the custody of the Florida Department of Law Enforcement (FDLE) must be retained.
48
A human trafficking victim may lawfully deny or fail to acknowledge any expunged record
unless he or she is applying for a job with a criminal justice agency or is a defendant in a
subsequent criminal prosecution.
49
The criminal history record that has been expunged is
considered confidential and exempt
50
from public records requirements.
51
Current law also provides that criminal intelligence
52
and criminal investigative information
53
is
confidential and exempt from public records requirements. Such information includes:
54
Any information that reveals the identity of a person under the age of 18 who is the victim of
human trafficking for labor or services;
55
Any information that may reveal the identity of a person who is the victim of human
trafficking for commercial sexual activity;
56
and
A photograph, videotape, or image of any part of the body of a victim of human trafficking
involving commercial sexual activity.
57
46
Section 943.0583(2), F.S.
47
Section 943.0583(2), F.S.
48
Section 943.045(16), F.S.
49
Section 943.0583(8)(b), F.S.
50
Records designated as “confidential and exempt” are not subject to inspection by the public and may only be released
under the circumstances defined by statute. WFTV, Inc. v. The Sch. Bd. of Seminole County, 874 So. 2d 48, 53 (Fla. 5
th
DCA
2004). Records designated as “exempt” may be released at the discretion of the records custodian under certain
circumstances. Williams v. City of Minneola, 575 So. 2d 683 (Fla. 5th DCA 1991).
51
Section 119.071(2)(h), F.S.
52
Section 119.011(3)(a), F.S., defines “criminal intelligence information” as information with respect to an identifiable
person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible
criminal activity.
53
Section 119.011(3)(b), F.S., defines “criminal investigative information” as information with respect to an identifiable
person or group of persons compiled by a criminal justice agency in the course of conducting a criminal investigation of a
specific act or omission, including, but not limited to, information derived from laboratory tests, reports of investigators or
informants, or any type of surveillance.
54
Chapter 2015-146, L.O.F.
55
See s. 787.06(3)(a), F.S.
56
See s. 787.06(3)(b), (d), (f), and (g), F.S.
57
Id. BILL: CS/CS/SB 1690 Page 9
III. Effect of Proposed Changes:
Adult Safe Houses
The bill creates s. 402.88, F.S., to require the DCF to develop and administer a certification
process for adult safe houses that provide 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:
Provides 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.
Receives annual written endorsement of local law enforcement.
Provides 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.
Participates in providing orientation and training programs developed for law enforcement,
social workers, and other professionals who work with human trafficking victims.
Provides 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.
Files with the DCF a list of human trafficking advocates employed or volunteering at the
adult safe house who may claim privilege under s. 90.5037, F.S.,
58
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.
58
Section 90.5037, F.S. makes certain communications between certain human trafficking victim’s advocates and human
trafficking victims confidential. BILL: CS/CS/SB 1690 Page 10
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
trafficking. The educational programming must be developed for safe houses and safe foster
homes.
59
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
Section 409.1678, F.S., requires safe houses and safe foster homes to provide appropriate
security through specified means. The bill 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, the safe house must either:
59
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/CS/SB 1690 Page 11
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.
Expunction of Certain Criminal History Records of Human Trafficking Victims
The bill amends s. 943.0583, F.S., to modify the eligibility criteria for who may petition for
expunction of a criminal history record that is related to an enumerated offense in s.
775.084(1)(b)1., F.S., related to the designation as a “habitual violent felony offender.” A victim
of human trafficking will now be authorized to have his or her criminal history record expunged
related to any enumerated offense unless “convicted” for the offense.
The bill defines “conviction” as a determination of guilt which is the result of a trial or the entry
of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld, or if the
defendant was a minor, a finding that the defendant committed or pled guilty or nolo contendere
to committing a delinquent act, regardless of whether adjudication of delinquency is withheld.
This is the same provision that is in s. 943.0584, F.S., related to criminal history records
ineligible for court-ordered expunction or court-ordered sealing.
Therefore, a victim may petition to have a record expunged when he or she is arrested for such
an offense but charges are not filed by the state attorney or a no information is filed, or when the
victim is found not guilty by a judge or a jury.
The bill takes effect July 1, 2023
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
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. BILL: CS/CS/SB 1690 Page 12
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The DCF is requesting 4 FTE positions and technology development costs to fulfill the
requirements of the bill. The total cost to implement the certification process is $764,420.
This will require recurring funds of $360,145 and nonrecurring funds of $404,275 from
the General Revenue Fund.
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Specifically, this includes:
Three Operation Review Specialists FTEs to serve as regional certification specialists
to complete pre-monitoring, travel, inspections, site monitoring and follow up, and
administrative duties involved in the annual certification of adult safe houses. The
total cost is estimated at $301,420 (includes $16,275 nonrecurring costs). Each
position requires a base salary of $50,192, plus travel and operating expenses.
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Contract consulting services for the development of the technology platform to
support adult safe house certification. These one-time development costs are
estimated at $388,000.
One technology-related FTE to provide for ongoing maintenance and operations of
the platform.
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The recurring cost is $75,000.
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VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 394.875, 409.1678,
409.175, and 787.29.
This bill creates section 402.88 of the Florida Statutes.
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DCF Bill Analysis, p. 7.
61
Id.
62
Id. at pp. 8-9
63
Id. BILL: CS/CS/SB 1690 Page 13
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS/CS by Appropriations Committee on Health and Human Services on April 12,
2023:
The committee substitute allows the expunction of criminal history records for certain
human trafficking victims charged with the offenses listed in s. 775.084(1)(b)1., F.S., if
the victim was not convicted.
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.