ENROLLED 2023 Legislature CS for CS for CS for SB 1690, 1st Engrossed 20231690er 1 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 Services and Resources Committee of the 10 Statewide Council on Human Trafficking to conduct a 11 study and make certain recommendations; requiring the 12 department to provide administrative and staff 13 support; requiring the committee to submit certain 14 reports by specified dates; requiring the committee to 15 survey operators of existing adult safe houses in the 16 state to make specified determinations; providing 17 requirements for the information the committee must 18 obtain and the recommendations it must develop; 19 requiring the department to establish a process to 20 certify adult safe houses that provide housing and 21 care to adult survivors of human trafficking; 22 requiring that adult safe houses be certified by the 23 department after certification rules are adopted; 24 requiring the department to adopt rules; providing 25 application and renewal requirements; requiring the 26 department to inspect adult safe houses before 27 certification and annually thereafter; allowing adult 28 safe houses to provide lists of advocates who are 29 employed or who volunteer at the adult safe house who 30 may claim a privilege under s. 90.5037, F.S.; 31 authorizing the department to take certain 32 disciplinary actions for noncompliance; amending s. 33 409.1678, F.S.; providing requirements for safe houses 34 and safe foster homes; requiring the department to 35 develop or approve educational programming on 36 commercial sexual exploitation; amending s. 409.175, 37 F.S.; requiring specified signage to be placed on the 38 premises of facilities maintained by licensed child 39 caring agencies; requiring the department to adopt 40 rules; amending s. 509.096, F.S.; reducing the 41 correction period for a public lodging establishment 42 to respond to a violation committed on or after a 43 specified date; prohibiting the Division of Hotels and 44 Restaurants of the Department of Business and 45 Professional Regulation from providing a correction 46 period to a public lodging establishment for a second 47 or subsequent violation committed on or after a 48 specified date; requiring the division to impose the 49 applicable administrative fines for such violations; 50 amending s. 787.29, F.S.; making technical changes; 51 providing an appropriation; providing an effective 52 date. 53 54 Be It Enacted by the Legislature of the State of Florida: 55 56 Section 1.Subsection (8) of section 394.875, Florida 57 Statutes, is amended to read: 58 394.875Crisis stabilization units, residential treatment 59 facilities, and residential treatment centers for children and 60 adolescents; authorized services; license required. 61 (8)(a)The department, in consultation with the agency, 62 must adopt rules governing a residential treatment center for 63 children and adolescents which specify licensure standards for: 64 admission; length of stay; program and staffing; discharge and 65 discharge planning; treatment planning; seclusion, restraints, 66 and time-out; rights of patients under s. 394.459; use of 67 psychotropic medications; and standards for the operation of 68 such centers. 69 (b)Residential treatment centers for children and 70 adolescents must conspicuously place signs on their premises to 71 warn children and adolescents of the dangers of human 72 trafficking and to encourage the reporting of individuals 73 observed attempting to engage in human trafficking activity. The 74 signs must contain the telephone number for the National Human 75 Trafficking Hotline or such other number that the Department of 76 Law Enforcement uses to detect and stop human trafficking. The 77 department, in consultation with the agency, shall specify, at a 78 minimum, the content of the signs by rule. 79 Section 2.Section 402.88, Florida Statutes, is created to 80 read: 81 402.88Adult safe houses. 82 (1)As used in this section, the term: 83 (a)Adult safe house means a group residential facility 84 that provides housing and care specifically for adult survivors 85 of human trafficking. 86 (b)Adult survivor of human trafficking or survivor 87 means an individual who has reached the age of 18 and who has 88 been subjected to human trafficking as defined in s. 787.06. 89 (c)Department means the Department of Children and 90 Families. 91 (2)The Services and Resources Committee of the Statewide 92 Council on Human Trafficking established under s. 16.617 shall 93 conduct a study and make recommendations regarding the 94 regulation of adult safe houses, as provided in this section. 95 (a)The department shall provide administrative and staff 96 support to the committee in meeting the requirements of this 97 section. 98 (b)The committee shall submit an interim report regarding 99 its activities and findings by October 1, 2023, to the Governor, 100 the President of the Senate, and the Speaker of the House of 101 Representatives. The committee shall submit a final report 102 addressing all requirements of this subsection by December 31, 103 2023, to the Governor, the President of the Senate, and the 104 Speaker of the House of Representatives. 105 (3)The committee shall survey operators of existing adult 106 safe houses in the state to determine the following information 107 regarding their operation. The information may be obtained and 108 presented on a categorical or high-level basis, as appropriate. 109 (a)The number of adult safe houses in Florida and the 110 regions of the state where they are located. 111 (b)The number of beds in adult safe houses and number of 112 individuals served per year. 113 (c)The policies and criteria regarding which adult 114 survivors of human trafficking may be served and the processes 115 for intake and discharge, such as for how referrals are 116 received. 117 (d)The amount of revenues supporting adult safe house 118 operation and the sources of such funds, including, but not 119 limited to, the amount of state and federal funds received and 120 the specific source of such state and federal funds. 121 (e)Services and supports provided to adult survivors of 122 human trafficking directly by the adult safe house and services 123 to which residents are referred, including while they are 124 residing in the adult safe house and after transitioning out of 125 the adult safe house. 126 (f)Training requirements for staff and volunteers. 127 (g)The nature of and mechanisms for coordination with law 128 enforcement. 129 (h)Whether the adult safe houses allow children of adult 130 survivors of human trafficking to also reside in the houses, and 131 if so, policies regarding their residence in the house and 132 services directly provided to them or to which they may be 133 referred. 134 (i)Policies of adult safe houses that ensure that adult 135 survivors of human trafficking are served in a respectful and 136 trauma-informed manner. 137 (j)Challenges faced by adult safe houses in providing a 138 safe and therapeutic environment that is trauma-informed and in 139 providing services to residents and their children. 140 (k)Any accreditations held by adult safe houses, external 141 standards promulgated by outside bodies which houses meet, or 142 other industry certifications held by adult safe houses. 143 (l)Identification of ineffective or problematic practices 144 in existing adult safe houses in the state and recommendations 145 regarding minimum standards for regulation. 146 (4)As part of the study, the committee shall also: 147 (a)Identify and review standards recommended by national 148 organizations or experts specializing in adult safe house 149 service provision or shelter or housing for adult survivors of 150 human trafficking. 151 (b)Obtain recommendations from adult survivors of human 152 trafficking and law enforcement agencies regarding regulation of 153 adult safe houses. 154 (5)The committee shall develop recommendations for 155 regulation of adult safe houses in Florida based on, at a 156 minimum, the information obtained by the committee under this 157 section. 158 (6)After December 31, 2023, the department shall initiate 159 rulemaking and adopt rules establishing minimum standards for 160 certification of adult safe houses to ensure that they provide a 161 safe and therapeutic environment and operate in a survivor 162 centered and trauma-informed manner. After rules are adopted to 163 certify adult safe houses, only adult safe houses certified by 164 the department may provide group residential housing and care 165 specifically for adult survivors of human trafficking. Adult 166 safe houses in operation as of the date that rules initially 167 adopted under this section become effective shall have 6 months 168 from such date to become certified. 169 (a)The department shall adopt rules for the operation of 170 adult safe houses, including standards for, at a minimum, the 171 following: 172 1.Safe and therapeutic environments to receive and house 173 adult survivors of human trafficking. 174 2.Appropriate security. 175 3.Coordination with local law enforcement agencies. 176 4.Safe and appropriate sheltering of minor children and 177 other dependents of an adult survivor of human trafficking. 178 5.Operations based on trauma-informed and survivor 179 centered principles. 180 6.Trauma-informed, survivor-centered services that must, 181 at a minimum, be provided, and other services that may be 182 provided or to which adult survivors of human trafficking may be 183 referred. 184 7.Appropriate training, background screening, and 185 compliance with policies and procedures by owners, directors, 186 board members, personnel, and volunteers of the adult safe 187 house, as applicable. 188 (b)The department shall require complete applications for 189 certification and for recertification, which must be renewed 190 every 2 years, using forms furnished by the department, and 191 provide all required information. 192 (c)The department shall inspect adult safe houses before 193 certification and at least annually thereafter to ensure 194 compliance with the requirements of this section. 195 (d)An adult safe house may provide to the department a 196 list of the names of the human trafficking advocates who are 197 employed or who volunteer at the adult safe house who may claim 198 a privilege under s. 90.5037 to refuse to disclose a 199 confidential communication between a victim of human trafficking 200 and the advocate regarding the human trafficking inflicted upon 201 the adult survivor of human trafficking. If a list is filed, the 202 list must include the title of the position held by the advocate 203 whose name is listed and a description of the duties of that 204 position. An adult safe house shall file amendments to this list 205 as necessary. 206 (e)If the department finds failure by an adult safe house 207 to comply with the requirements established in or rules adopted 208 under this section, the department may subject the adult safe 209 house to disciplinary action, including, but not limited to, 210 requiring a corrective action plan, imposing administrative 211 fines, or denying, suspending, or revoking the certification of 212 the adult safe house. 213 Section 3.Paragraphs (c) and (d) of subsection (2) of 214 section 409.1678, Florida Statutes, are amended to read: 215 409.1678Specialized residential options for children who 216 are victims of commercial sexual exploitation. 217 (2)CERTIFICATION OF SAFE HOUSES AND SAFE FOSTER HOMES. 218 (c)To be certified, a safe house must hold a license as a 219 residential child-caring agency, as defined in s. 409.175, and a 220 safe foster home must hold a license as a family foster home, as 221 defined in s. 409.175. A safe house or safe foster home must 222 also: 223 1.Use strength-based and trauma-informed approaches to 224 care, to the extent possible and appropriate. 225 2.Serve exclusively one sex. 226 3.Group child victims of commercial sexual exploitation by 227 age or maturity level. 228 4.Care for child victims of commercial sexual exploitation 229 in a manner that separates those children from children with 230 other needs. Safe houses and safe foster homes may care for 231 other populations if the children who have not experienced 232 commercial sexual exploitation do not interact with children who 233 have experienced commercial sexual exploitation. 234 5.Have awake staff members on duty 24 hours a day, if a 235 safe house. 236 6.a.Provide appropriate security through facility design, 237 hardware, technology, staffing, and siting, including, but not 238 limited to, external video monitoring or door exit alarms, a 239 high staff-to-client ratio, or being situated in a remote 240 location that is isolated from major transportation centers and 241 common trafficking areas. 242 b.If a safe house, appropriate security must provide for, 243 at a minimum, the detection of possible trafficking activity 244 around a facility, coordination with law enforcement, and be 245 part of the emergency response to search for absent or missing 246 children. For a safe house to be in compliance with providing 247 appropriate security under this subparagraph, the safe house 248 must either: 249 (I)Employ or contract with at least one individual that 250 has law enforcement, investigative, or other similar training, 251 as established by rule by the department; or 252 (II)Execute a contract or memorandum of understanding with 253 a law enforcement agency to perform these functions. 254 7.If a safe house, conspicuously place signs on the 255 premises to warn children of the dangers of human trafficking 256 and to encourage the reporting of individuals observed 257 attempting to engage in human trafficking activity. The signs 258 must advise children to report concerns to the local law 259 enforcement agency or the Department of Law Enforcement, 260 specifying the appropriate telephone numbers used for such 261 reports. The department shall specify, at a minimum, the content 262 of the signs by rule. 263 8.Meet other criteria established by department rule, 264 which may include, but are not limited to, personnel 265 qualifications, staffing ratios, and types of services offered. 266 (d)Safe houses and safe foster homes shall provide 267 services tailored to the needs of child victims of commercial 268 sexual exploitation and shall conduct a comprehensive assessment 269 of the service needs of each resident. In addition to the 270 services required to be provided by residential child caring 271 agencies and family foster homes, safe houses and safe foster 272 homes must provide, arrange for, or coordinate, at a minimum, 273 the following services: 274 1.Victim-witness counseling. 275 2.Family counseling. 276 3.Behavioral health care. 277 4.Treatment and intervention for sexual assault. 278 5.Education tailored to the childs individual needs, 279 including remedial education if necessary. 280 6.Life skills and workforce training. 281 7.Mentoring by a survivor of commercial sexual 282 exploitation, if available and appropriate for the child. 283 8.Substance abuse screening and, when necessary, access to 284 treatment. 285 9.Planning services for the successful transition of each 286 child back to the community. 287 10.Activities structured in a manner that provides child 288 victims of commercial sexual exploitation with a full schedule. 289 11.Deliver age-appropriate programming to educate children 290 regarding the signs and dangers of commercial sexual 291 exploitation and how to report commercial sexual exploitation. 292 The department shall develop or approve such programming. 293 Section 4.Paragraph (b) of subsection (5) of section 294 409.175, Florida Statutes, is amended to read: 295 409.175Licensure of family foster homes, residential 296 child-caring agencies, and child-placing agencies; public 297 records exemption. 298 (5)The department shall adopt and amend rules for the 299 levels of licensed care associated with the licensure of family 300 foster homes, residential child-caring agencies, and child 301 placing agencies. The rules may include criteria to approve 302 waivers to licensing requirements when applying for a child 303 specific license. 304 (b)The requirements for licensure and operation of family 305 foster homes, residential child-caring agencies, and child 306 placing agencies shall include: 307 1.The operation, conduct, and maintenance of these homes 308 and agencies and the responsibility which they assume for 309 children served and the evidence of need for that service. 310 2.The provision of food, clothing, educational 311 opportunities, services, equipment, and individual supplies to 312 assure the healthy physical, emotional, and mental development 313 of the children served. 314 3.The appropriateness, safety, cleanliness, and general 315 adequacy of the premises, including fire prevention and health 316 standards, to provide for the physical comfort, care, and well 317 being of the children served. 318 4.The ratio of staff to children required to provide 319 adequate care and supervision of the children served and, in the 320 case of family foster homes, the maximum number of children in 321 the home. 322 5.The good moral character based upon screening, 323 education, training, and experience requirements for personnel 324 and family foster homes. 325 6.The department may grant exemptions from 326 disqualification from working with children or the 327 developmentally disabled as provided in s. 435.07. 328 7.The provision of preservice and inservice training for 329 all foster parents and agency staff. 330 8.Satisfactory evidence of financial ability to provide 331 care for the children in compliance with licensing requirements. 332 9.The maintenance by the agency of records pertaining to 333 admission, progress, health, and discharge of children served, 334 including written case plans and reports to the department. 335 10.The provision for parental involvement to encourage 336 preservation and strengthening of a childs relationship with 337 the family. 338 11.The transportation safety of children served. 339 12.The provisions for safeguarding the cultural, 340 religious, and ethnic values of a child. 341 13.Provisions to safeguard the legal rights of children 342 served. 343 14.Requiring signs to be conspicuously placed on the 344 premises of facilities maintained by child-caring agencies to 345 warn children of the dangers of human trafficking and to 346 encourage the reporting of individuals observed attempting to 347 engage in human trafficking activity. The signs must advise 348 children to report concerns to the local law enforcement agency 349 or the Department of Law Enforcement, specifying the appropriate 350 telephone numbers used for such reports. The department shall 351 specify, at a minimum, the content of the signs by rule. 352 Section 5.Subsection (3) of section 509.096, Florida 353 Statutes, is amended to read: 354 509.096Human trafficking awareness training and policies 355 for employees of public lodging establishments; enforcement. 356 (3)For a violation committed on or after July 1, 2023, the 357 division shall impose an administrative fine of $2,000 per day 358 on a public lodging establishment that is not in compliance with 359 this section and remit the fines to the direct-support 360 organization established under s. 16.618, unless the division 361 receives adequate written documentation from the public lodging 362 establishment which provides assurance that each deficiency will 363 be corrected within 45 90 days after the division provided the 364 public lodging establishment with notice of its violation. For a 365 second or subsequent violation of this subsection committed on 366 or after July 1, 2023, the division may not provide a correction 367 period to a public lodging establishment and must impose the 368 applicable administrative fines. 369 Section 6.Subsections (3) and (5) of section 787.29, 370 Florida Statutes, are amended, and subsection (4) of that 371 section is republished, to read: 372 787.29Human trafficking public awareness signs. 373 (3)(a)The employer at each of the following establishments 374 shall display a public awareness sign developed under subsection 375 (4) in a conspicuous location that is clearly visible to the 376 public and employees of the establishment: 377 1.(a)A strip club or other adult entertainment 378 establishment. 379 2.(b)A business or establishment that offers massage or 380 bodywork services for compensation that is not owned by a health 381 care practitioner regulated pursuant to chapter 456 and defined 382 in s. 456.001. 383 (b)The county commission may adopt an ordinance to enforce 384 this subsection. A violation of this subsection is a noncriminal 385 violation and punishable by a fine only as provided in s. 386 775.083. 387 (4)The required public awareness sign must be at least 8.5 388 inches by 11 inches in size, must be printed in at least a 16 389 point type, and must state substantially the following in 390 English and Spanish: 391 392 If you or someone you know is being forced to engage 393 in an activity and cannot leavewhether it is 394 prostitution, housework, farm work, factory work, 395 retail work, restaurant work, or any other activity 396 call the National Human Trafficking Resource Center at 397 1-888-373-7888 or text INFO or HELP to 233-733 to 398 access help and services. Victims of slavery and human 399 trafficking are protected under United States and 400 Florida law. 401 402 (5)The county commission may adopt an ordinance to enforce 403 subsection (3). A violation of subsection (3) is a noncriminal 404 violation and punishable by a fine only as provided in s. 405 775.083. 406 Section 7.For the 2023-2024 fiscal year, the sums of 407 $75,000 in recurring funds and $388,000 in nonrecurring funds 408 from the Administrative Trust Fund within the Department of 409 Children and Families are appropriated to the Department of 410 Children and Families for technology enhancements required to 411 implement this act. 412 Section 8.This act shall take effect July 1, 2023.