Florida Senate - 2017                                     SB 852
       
       
        
       By Senator Garcia
       
       36-00706A-17                                           2017852__
    1                        A bill to be entitled                      
    2         An act relating to human trafficking; amending s.
    3         39.524, F.S.; requiring the Department of Children and
    4         Families or a sheriff’s office to conduct a
    5         multidisciplinary staffing on child victims of
    6         commercial sexual exploitation to determine the
    7         child’s service and placement needs; revising the date
    8         by which the department or sheriff’s office must
    9         submit a report to the Legislature on child commercial
   10         sexual exploitation and safe-harbor placements;
   11         revising the contents of the report, including
   12         recommendations by the Office of Program Policy
   13         Analysis and Government Accountability study on
   14         commercial sexual exploitation of children; requiring
   15         the department to maintain certain data on the child
   16         victims; amending s. 92.565, F.S.; adding commercial
   17         sexual activity as a crime in which the defendant’s
   18         admission is admissible during trial; amending s.
   19         409.016, F.S.; defining the term “commercial sexual
   20         exploitation”; amending s. 409.1678, F.S.; deleting
   21         the term “sexually exploited child”; removing an
   22         obsolete date; conforming provisions to changes made
   23         by the act; amending s. 409.1754, F.S.; requiring the
   24         department or sheriff’s office to conduct
   25         multidisciplinary staffings for child victims;
   26         requiring a service plan for all victims of child
   27         commercial sexual exploitation; requiring the
   28         department or sheriff’s office to follow up on all
   29         victims of child commercial sexual exploitation within
   30         a specified timeframe; amending s. 907.041, F.S.;
   31         adding human trafficking to the list of crimes
   32         requiring pretrial detention of the defendant;
   33         reenacting s. 790.065(2)(c), F.S., relating to the
   34         sale and delivery of firearms to incorporate the
   35         amendment made to s. 907.041, F.S., in a reference
   36         thereto; providing an effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Section 39.524, Florida Statutes, is amended to
   41  read:
   42         39.524 Safe-harbor placement.—
   43         (1) Except as provided in s. 39.407 or s. 985.801, a
   44  dependent child 6 years of age or older who is suspected of
   45  being or has been found to be a victim of commercial sexual
   46  exploitation as defined in s. 409.016 s. 39.01(70)(g) must be
   47  assessed, and the department or a sheriff’s office acting under
   48  s. 39.3065 must conduct a multidisciplinary staffing pursuant to
   49  s. 409.1754(2), to determine the child’s need for services and
   50  his or her need for placement in a safe house or safe foster
   51  home as provided in s. 409.1678 using the initial screening and
   52  assessment instruments provided in s. 409.1754(1). If such
   53  placement is determined to be appropriate for the child as a
   54  result of this assessment, the child may be placed in a safe
   55  house or safe foster home, if one is available. However, the
   56  child may be placed in another setting, if the other setting is
   57  more appropriate to the child’s needs or if a safe house or safe
   58  foster home is unavailable, as long as the child’s behaviors are
   59  managed so as not to endanger other children served in that
   60  setting.
   61         (2) The results of the assessment described in s.
   62  409.1754(1), the multidisciplinary staffing described in s.
   63  409.1754(2), and the actions taken as a result of the assessment
   64  must be included in the disposition hearing or next judicial
   65  review of the child. At each subsequent judicial review, the
   66  court must be advised in writing of the status of the child’s
   67  placement, with special reference regarding the stability of the
   68  placement, any specialized services, and the permanency planning
   69  for the child.
   70         (3)(a) By October December 1 of each year, the department,
   71  with information from community-based care agencies and certain
   72  sheriff’s offices acting under s. 39.3065, shall report to the
   73  Legislature on the prevalence of child commercial sexual
   74  exploitation; the specialized services provided and placement of
   75  such children; the local service capacity assessed pursuant to
   76  s. 409.1754; the placement of children in safe houses and safe
   77  foster homes during the year, including the criteria used to
   78  determine the placement of children;, the number of children who
   79  were evaluated for placement;, the number of children who were
   80  placed based upon the evaluation;, and the number of children
   81  who were not placed; and the department’s response to the
   82  findings and recommendations made by the Office of Program
   83  Policy Analysis and Government Accountability in its annual
   84  study on commercial sexual exploitation of children, as required
   85  by s. 8 of chapter 2014-161, Laws of Florida.
   86         (b) The department shall maintain data specifying the
   87  number of children who were verified as victims of commercial
   88  sexual exploitation, who were referred to nonresidential
   89  services in the community, who were placed in a safe house or
   90  safe foster home, and who were referred to a safe house or safe
   91  foster home for whom placement was unavailable, and shall
   92  identify the counties in which such placement was unavailable.
   93  The department shall include this data in its report under this
   94  subsection so that the Legislature may consider this information
   95  in developing the General Appropriations Act.
   96         Section 2. Subsection (2) of section 92.565, Florida
   97  Statutes, is amended to read:
   98         92.565 Admissibility of confession in sexual abuse cases.—
   99         (2) In any criminal action in which the defendant is
  100  charged with a crime against a victim under s. 787.06(3),
  101  involving commercial sexual activity; s. 794.011; s. 794.05; s.
  102  800.04; s. 826.04; s. 827.03, involving sexual abuse; s. 827.04,
  103  involving sexual abuse; s. 827.071; or s. 847.0135(5), or any
  104  other crime involving sexual abuse of another, or with any
  105  attempt, solicitation, or conspiracy to commit any of these
  106  crimes, the defendant’s memorialized confession or admission is
  107  admissible during trial without the state having to prove a
  108  corpus delicti of the crime if the court finds in a hearing
  109  conducted outside the presence of the jury that the state is
  110  unable to show the existence of each element of the crime, and
  111  having so found, further finds that the defendant’s confession
  112  or admission is trustworthy. Factors which may be relevant in
  113  determining whether the state is unable to show the existence of
  114  each element of the crime include, but are not limited to, the
  115  fact that, at the time the crime was committed, the victim was:
  116         (a) Physically helpless, mentally incapacitated, or
  117  mentally defective, as those terms are defined in s. 794.011;
  118         (b) Physically incapacitated due to age, infirmity, or any
  119  other cause; or
  120         (c) Less than 12 years of age.
  121         Section 3. Present subsections (1), (2), and (3) of section
  122  409.016, Florida Statutes, are redesignated as subsections (2),
  123  (3), and (4), respectively, and a new subsection (1) is added to
  124  that section, to read:
  125         409.016 Definitions.—As used in this chapter:
  126         (1) “Commercial sexual exploitation” means the use of any
  127  person under the age of 18 years for sexual purposes in exchange
  128  for money, goods, or services or the promise of money, goods, or
  129  services.
  130         Section 4. Section 409.1678, Florida Statutes, is amended
  131  to read:
  132         409.1678 Specialized residential options for children who
  133  are victims of commercial sexual exploitation.—
  134         (1) DEFINITIONS.—As used in this section, the term:
  135         (a) “Safe foster home” means a foster home certified by the
  136  department under this section to care for sexually exploited
  137  children.
  138         (b) “Safe house” means a group residential placement
  139  certified by the department under this section to care for
  140  sexually exploited children.
  141         (c)“Sexually exploited child” means a child who has
  142  suffered sexual exploitation as defined in s. 39.01(70)(g) and
  143  is ineligible for relief and benefits under the federal
  144  Trafficking Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
  145         (2) CERTIFICATION OF SAFE HOUSES AND SAFE FOSTER HOMES.—
  146         (a) A safe house and a safe foster home shall provide a
  147  safe, separate, and therapeutic environment tailored to the
  148  needs of commercially sexually exploited children who have
  149  endured significant trauma and are not eligible for relief and
  150  benefits under the federal Trafficking Victims Protection Act,
  151  22 U.S.C. ss. 7101 et seq. Safe houses and safe foster homes
  152  shall use a model of treatment that includes strength-based and
  153  trauma-informed approaches.
  154         (b) A safe house or a safe foster home must be certified by
  155  the department. A residential facility accepting state funds
  156  appropriated to provide services to sexually exploited children
  157  or child victims of commercial sexual exploitation sex
  158  trafficking must be certified by the department as a safe house
  159  or a safe foster home. An entity may not use the designation
  160  “safe house” or “safe foster home” and hold itself out as
  161  serving child victims of commercial sexual exploitation sexually
  162  exploited children unless the entity is certified under this
  163  section.
  164         (c) To be certified, a safe house must hold a license as a
  165  residential child-caring agency, as defined in s. 409.175, and a
  166  safe foster home must hold a license as a family foster home, as
  167  defined in s. 409.175. A safe house or safe foster home must
  168  also:
  169         1. Use strength-based and trauma-informed approaches to
  170  care, to the extent possible and appropriate.
  171         2. Serve exclusively one sex.
  172         3. Group child victims of commercial sexual exploitation
  173  sexually exploited children by age or maturity level.
  174         4. Care for child victims of commercial sexual exploitation
  175  sexually exploited children in a manner that separates those
  176  children from children with other needs. Safe houses and safe
  177  foster homes may care for other populations if the children who
  178  have not experienced commercial sexual exploitation do not
  179  interact with children who have experienced commercial sexual
  180  exploitation.
  181         5. Have awake staff members on duty 24 hours a day, if a
  182  safe house.
  183         6. Provide appropriate security through facility design,
  184  hardware, technology, staffing, and siting, including, but not
  185  limited to, external video monitoring or door exit alarms, a
  186  high staff-to-client ratio, or being situated in a remote
  187  location that is isolated from major transportation centers and
  188  common trafficking areas.
  189         7. Meet other criteria established by department rule,
  190  which may include, but are not limited to, personnel
  191  qualifications, staffing ratios, and types of services offered.
  192         (d) Safe houses and safe foster homes shall provide
  193  services tailored to the needs of child victims of commercial
  194  sexual exploitation sexually exploited children and shall
  195  conduct a comprehensive assessment of the service needs of each
  196  resident. In addition to the services required to be provided by
  197  residential child caring agencies and family foster homes, safe
  198  houses and safe foster homes must provide, arrange for, or
  199  coordinate, at a minimum, the following services:
  200         1. Victim-witness counseling.
  201         2. Family counseling.
  202         3. Behavioral health care.
  203         4. Treatment and intervention for sexual assault.
  204         5. Education tailored to the child’s individual needs,
  205  including remedial education if necessary.
  206         6. Life skills and workforce training.
  207         7. Mentoring by a survivor of commercial sexual
  208  exploitation, if available and appropriate for the child.
  209         8. Substance abuse screening and, when necessary, access to
  210  treatment.
  211         9. Planning services for the successful transition of each
  212  child back to the community.
  213         10. Activities structured in a manner that provides child
  214  victims of commercial sexual exploitation sexually exploited
  215  children with a full schedule.
  216         (e) The community-based care lead agencies shall ensure
  217  that foster parents of safe foster homes and staff of safe
  218  houses complete intensive training regarding, at a minimum, the
  219  needs of child victims of commercial sexual exploitation
  220  sexually exploited children, the effects of trauma and sexual
  221  exploitation, and how to address those needs using strength
  222  based and trauma-informed approaches. The department shall
  223  specify the contents of this training by rule and may develop or
  224  contract for a standard curriculum. The department may establish
  225  by rule additional criteria for the certification of safe houses
  226  and safe foster homes that shall address the security,
  227  therapeutic, social, health, and educational needs of child
  228  victims of commercial sexual exploitation sexually exploited
  229  children.
  230         (f) The department shall inspect safe houses and safe
  231  foster homes before certification and annually thereafter to
  232  ensure compliance with the requirements of this section. The
  233  department may place a moratorium on referrals and may revoke
  234  the certification of a safe house or safe foster home that fails
  235  at any time to meet the requirements of, or rules adopted under,
  236  this section.
  237         (g) The certification period for safe houses and safe
  238  foster homes shall run concurrently with the terms of their
  239  licenses.
  240         (3) SERVICES WITHIN A RESIDENTIAL TREATMENT CENTER OR
  241  HOSPITAL.—No later than July 1, 2015, Residential treatment
  242  centers licensed under s. 394.875, and hospitals licensed under
  243  chapter 395 that provide residential mental health treatment,
  244  shall provide specialized treatment for commercially sexually
  245  exploited children in the custody of the department who are
  246  placed in these facilities pursuant to s. 39.407(6), s.
  247  394.4625, or s. 394.467. The specialized treatment must meet the
  248  requirements of subparagraphs (2)(c)1. and 3.-7., paragraph
  249  (2)(d), and the department’s treatment standards adopted
  250  pursuant to this section. The facilities shall ensure that
  251  children are served in single-sex groups and that staff working
  252  with such children are adequately trained in the effects of
  253  trauma and sexual exploitation, the needs of child victims of
  254  commercial sexual exploitation sexually exploited children, and
  255  how to address those needs using strength-based and trauma
  256  informed approaches.
  257         (4) FUNDING FOR SERVICES; CASE MANAGEMENT.—
  258         (a) This section does not prohibit any provider of services
  259  for child victims of commercial sexual exploitation sexually
  260  exploited children from appropriately billing Medicaid for
  261  services rendered, from contracting with a local school district
  262  for educational services, or from obtaining federal or local
  263  funding for services provided, as long as two or more funding
  264  sources do not pay for the same specific service that has been
  265  provided to a child.
  266         (b) The community-based care lead agency shall ensure that
  267  all child victims of commercial sexual exploitation sexually
  268  exploited children residing in safe houses or safe foster homes
  269  or served in residential treatment centers or hospitals pursuant
  270  to subsection (3) have a case manager and a case plan, whether
  271  or not the child is a dependent child.
  272         (5) SCOPE OF AVAILABILITY OF SERVICES.—To the extent
  273  possible provided by law and with authorized funding, the
  274  services specified in this section may be available to all child
  275  victims of commercial sexual exploitation who are not eligible
  276  for relief and benefits under the federal Trafficking Victims
  277  Protection Act, 22 U.S.C. ss. 7101 et seq., sexually exploited
  278  children whether such services are accessed voluntarily, as a
  279  condition of probation, through a diversion program, through a
  280  proceeding under chapter 39, or through a referral from a local
  281  community-based care or social service agency.
  282         (6) LOCATION INFORMATION.—
  283         (a) Information about the location of a safe house, safe
  284  foster home, or other residential facility serving child victims
  285  of commercial sexual exploitation victims of sexual
  286  exploitation, as defined in s. 409.016 s. 39.01(70)(g), which is
  287  held by an agency, as defined in s. 119.011, is confidential and
  288  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  289  Constitution. This exemption applies to such confidential and
  290  exempt information held by an agency before, on, or after the
  291  effective date of the exemption.
  292         (b) Information about the location of a safe house, safe
  293  foster home, or other residential facility serving child victims
  294  of commercial sexual exploitation victims of sexual
  295  exploitation, as defined in s. 409.016 s. 39.01(70)(g), may be
  296  provided to an agency, as defined in s. 119.011, as necessary to
  297  maintain health and safety standards and to address emergency
  298  situations in the safe house, safe foster home, or other
  299  residential facility.
  300         (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I
  301  of the State Constitution provided in this subsection do not
  302  apply to facilities licensed by the Agency for Health Care
  303  Administration.
  304         (d) This subsection is subject to the Open Government
  305  Sunset Review Act in accordance with s. 119.15 and shall stand
  306  repealed on October 2, 2020, unless reviewed and saved from
  307  repeal through reenactment by the Legislature.
  308         Section 5. Section 409.1754, Florida Statutes, is amended
  309  to read:
  310         409.1754 Commercial sexual exploitation of children
  311  Sexually exploited children; screening and assessment; training;
  312  multidisciplinary staffings; service plans case management; task
  313  forces.—
  314         (1) SCREENING AND ASSESSMENT.—
  315         (a) The department shall develop or adopt one or more
  316  initial screening and assessment instruments to identify,
  317  determine the needs of, plan services for, and determine the
  318  appropriate placement for child victims of commercial sexual
  319  exploitation who are not eligible for relief and benefits under
  320  the federal Trafficking Victims Protection Act, 22 U.S.C. ss.
  321  7101 et seq sexually exploited children. The department shall
  322  consult state and local agencies, organizations, and individuals
  323  involved in the identification and care of such sexually
  324  exploited children when developing or adopting initial screening
  325  and assessment instruments. Initial screening and assessment
  326  instruments shall assess the appropriate placement of child
  327  victims of commercial sexual exploitation a sexually exploited
  328  child, including whether placement in a safe house or safe
  329  foster home as provided in s. 409.1678 is appropriate, and shall
  330  consider, at a minimum, the following factors:
  331         1. Risk of the child running away.
  332         2. Risk of the child recruiting other children into the
  333  commercial sex trade.
  334         3. Level of the child’s attachment to his or her exploiter.
  335         4. Level and type of trauma that the child has endured.
  336         5. Nature of the child’s interactions with law enforcement.
  337         6. Length of time that the child was a victim of commercial
  338  sexual exploitation sexually exploited.
  339         7. Extent of any substance abuse by the child.
  340         (b) The initial screening and assessment instruments shall
  341  be validated, if possible, and must be used by the department,
  342  juvenile assessment centers as provided in s. 985.135, and
  343  community-based care lead agencies.
  344         (c) The department shall adopt rules that specify the
  345  initial screening and assessment instruments to be used and
  346  provide requirements for their use and for the reporting of data
  347  collected through their use.
  348         (d) The department, or a sheriff’s office acting under s.
  349  39.3065, the Department of Juvenile Justice, and community-based
  350  care lead agencies may use additional assessment instruments in
  351  the course of serving sexually exploited children.
  352         (2) MULTIDISCIPLINARY STAFFINGS AND SERVICE PLANS.—
  353         (a) The department, or a sheriff’s office acting under s.
  354  39.3065, shall conduct a multidisciplinary staffing for each
  355  child that is a suspected or verified victim of commercial
  356  sexual exploitation. The department or sheriff’s office shall
  357  coordinate the staffing and invite individuals involved in the
  358  child’s care, including, but not limited to, the child, if
  359  appropriate; the child’s family or legal guardian; the child’s
  360  guardian ad litem; Department of Juvenile Justice staff; school
  361  district staff; local health and human services providers;
  362  victim advocates; and any other persons who may be able to
  363  assist the child.
  364         (b) The staffing must use the assessment, local services,
  365  and local protocols required by this section to develop a
  366  service plan. The service plan must identify the needs of the
  367  child and his or her family, the local services available to
  368  meet those needs, and whether placement in a safe house or safe
  369  foster home is needed. If the child is dependent, the case plan
  370  required by s. 39.6011 may meet the requirement for a service
  371  plan, but must be amended to incorporate the results of the
  372  multidisciplinary staffing. If the child is not dependent, the
  373  service plan is voluntary and the department or sheriff’s office
  374  shall provide the plan to the victim and his or her family or
  375  legal guardian and offer to make any needed referrals to local
  376  service providers.
  377         (c) The services identified in the service plan should be
  378  provided in the least restrictive environment and may include,
  379  but need not be limited to, the following:
  380         1. Emergency shelter and runaway center services;
  381         2. Outpatient individual or group counseling for the victim
  382  and the victim’s family or legal guardian;
  383         3. Substance use disorder treatment services;
  384         4. Drop-in centers or mentoring programs;
  385         5. Commercial sexual exploitation treatment programs;
  386         6.Child advocacy center services pursuant to s. 39.3035;
  387         7. Prevention services such as those provided by the
  388  Florida Network of Youth and Family Services and the PACE Center
  389  for Girls;
  390         8. Family foster care;
  391         9. Therapeutic foster care;
  392         10. Safe houses or safe foster homes;
  393         11. Residential treatment programs; and
  394         12. Employment or workforce training.
  395         (d) The department, or a sheriff’s office acting under s.
  396  39.3065, shall follow up with all verified victims of commercial
  397  sexual exploitation who are dependent within 6 months of the
  398  completion of the child abuse investigation, and such
  399  information must be included in the report required under s.
  400  39.524. The followup must determine the following:
  401         1. Whether a referral was made for the services recommended
  402  in the service plan;
  403         2. Whether the services were received and, if not, the
  404  reasons why;
  405         3. Whether the services or treatments were completed and,
  406  if not, the reasons why;
  407         4. Whether the victim has experienced commercial sexual
  408  exploitation since the verified report;
  409         5. Whether the victim has run away since the verified
  410  report;
  411         6. The type and number of placements, if applicable;
  412         7. The educational status of the child;
  413         8. The employment status of the child; and
  414         9. Whether the child has been involved in the juvenile or
  415  criminal justice system.
  416         (e) The department, or a sheriff’s office acting under s.
  417  39.3065, shall follow up with all verified victims of commercial
  418  sexual exploitation who are not dependent within 6 months after
  419  the child abuse investigation is completed and the information
  420  must be used in the report required under s. 39.524. The
  421  followup for nondependent victims and their families is
  422  voluntary, and the victim, family, or legal guardian is not
  423  required to respond. The followup must attempt to determine the
  424  following:
  425         1. Whether a referral was made for the services recommended
  426  in the service plan;
  427         2. Whether the services were received and, if not, the
  428  reasons why;
  429         3. Whether the services or treatments were completed and,
  430  if not, the reasons why;
  431         4. Whether the victim has experienced commercial sexual
  432  exploitation since the verified report;
  433         5. Whether the victim has run away since the verified
  434  report;
  435         6. The educational status of the child;
  436         7. The employment status of the child; and
  437         8. Whether the child has been involved in the juvenile or
  438  criminal justice system.
  439         (3)(2) TRAINING; LOCAL PROTOCOLS CASE MANAGEMENT; TASK
  440  FORCES.—
  441         (a)1. The department, or a sheriff’s office acting under s.
  442  39.3065, and community-based care lead agencies shall ensure
  443  that cases in which a child is alleged, suspected, or known to
  444  be a victim of commercial sexual exploitation have been sexually
  445  exploited are assigned to child protective investigators and
  446  case managers who have specialized intensive training in
  447  handling cases involving a sexually exploited child. The
  448  department, sheriff’s office, and lead agencies shall ensure
  449  that child protective investigators and case managers receive
  450  this training before accepting a case involving a commercially
  451  sexually exploited child.
  452         (b)2. The Department of Juvenile Justice shall ensure that
  453  juvenile probation staff or contractors administering the
  454  detention risk assessment instrument pursuant to s. 985.14
  455  receive specialized intensive training in identifying and
  456  serving commercially sexually exploited children.
  457         (b) The department and community-based care lead agencies
  458  shall conduct regular multidisciplinary staffings relating to
  459  services provided for sexually exploited children to ensure that
  460  all parties possess relevant information and services are
  461  coordinated across systems. The department or community-based
  462  care lead agency, as appropriate, shall coordinate these
  463  staffings and invite individuals involved in the child’s care,
  464  including, but not limited to, the child’s guardian ad litem,
  465  juvenile justice system staff, school district staff, service
  466  providers, and victim advocates.
  467         (c)1. Each region of the department and each community
  468  based care lead agency shall jointly assess local service
  469  capacity to meet the specialized service needs of commercially
  470  sexually exploited children and establish a plan to develop the
  471  necessary capacity. Each plan shall be developed in consultation
  472  with community-based care lead agencies, local law enforcement
  473  officials, local school officials, runaway and homeless youth
  474  program providers, local probation departments, children’s
  475  advocacy centers, guardians ad litem, public defenders, state
  476  attorneys’ offices, safe houses, and child advocates and service
  477  providers who work directly with commercially sexually exploited
  478  children.
  479         (d)2. Each region of the department and each community
  480  based care lead agency shall establish local protocols and
  481  procedures for working with commercially sexually exploited
  482  children which are responsive to the individual circumstances of
  483  each child. The protocols and procedures shall take into account
  484  the varying types and levels of trauma endured; whether the
  485  commercial sexual exploitation is actively occurring, occurred
  486  in the past, or is inactive but likely to recur; and the
  487  differing community resources and degrees of familial support
  488  that are available. Child protective investigators and case
  489  managers must use these protocols and procedures when working
  490  with a victim of commercial sexual exploitation sexually
  491  exploited child.
  492         (4)(3) LOCAL RESPONSE TO HUMAN TRAFFICKING; TRAINING; TASK
  493  FORCE.—
  494         (a) To the extent that funds are available, the local
  495  regional director may provide training to local law enforcement
  496  officials who are likely to encounter child victims of
  497  commercial sexual exploitation sexually exploited children in
  498  the course of their law enforcement duties. Training must shall
  499  address the provisions of this section and how to identify and
  500  obtain appropriate services for such sexually exploited
  501  children. The local circuit administrator may contract with a
  502  not-for-profit agency with experience working with commercially
  503  sexually exploited children to provide the training. Circuits
  504  may work cooperatively to provide training, which may be
  505  provided on a regional basis. The department shall assist
  506  circuits to obtain available funds for the purpose of conducting
  507  law enforcement training from the Office of Juvenile Justice and
  508  Delinquency Prevention of the United States Department of
  509  Justice.
  510         (b) Circuit administrators or their designees, chief
  511  probation officers of the Department of Juvenile Justice or
  512  their designees, and the chief operating officers of community
  513  based care lead agencies or their designees shall participate in
  514  any task force, committee, council, advisory group, coalition,
  515  or other entity in their service area that is involved in
  516  coordinating responses to address human trafficking or
  517  commercial sexual exploitation of children. If such entity does
  518  not exist, the circuit administrator for the department shall
  519  initiate one.
  520         Section 6. Subsection (4) of section 907.041, Florida
  521  Statutes, is amended to read:
  522         907.041 Pretrial detention and release.—
  523         (4) PRETRIAL DETENTION.—
  524         (a) As used in this subsection, “dangerous crime” means any
  525  of the following:
  526         1. Arson;
  527         2. Aggravated assault;
  528         3. Aggravated battery;
  529         4. Illegal use of explosives;
  530         5. Child abuse or aggravated child abuse;
  531         6. Abuse of an elderly person or disabled adult, or
  532  aggravated abuse of an elderly person or disabled adult;
  533         7. Aircraft piracy;
  534         8. Kidnapping;
  535         9. Homicide;
  536         10. Manslaughter;
  537         11. Sexual battery;
  538         12. Robbery;
  539         13. Carjacking;
  540         14. Lewd, lascivious, or indecent assault or act upon or in
  541  presence of a child under the age of 16 years;
  542         15. Sexual activity with a child, who is 12 years of age or
  543  older but less than 18 years of age, by or at solicitation of
  544  person in familial or custodial authority;
  545         16. Burglary of a dwelling;
  546         17. Stalking and aggravated stalking;
  547         18. Act of domestic violence as defined in s. 741.28;
  548         19. Home invasion robbery;
  549         20. Act of terrorism as defined in s. 775.30;
  550         21. Manufacturing any substances in violation of chapter
  551  893; and
  552         22. Attempting or conspiring to commit any such crime; and
  553         23. Human trafficking.
  554         (b) No person charged with a dangerous crime shall be
  555  granted nonmonetary pretrial release at a first appearance
  556  hearing; however, the court shall retain the discretion to
  557  release an accused on electronic monitoring or on recognizance
  558  bond if the findings on the record of facts and circumstances
  559  warrant such a release.
  560         (c) The court may order pretrial detention if it finds a
  561  substantial probability, based on a defendant’s past and present
  562  patterns of behavior, the criteria in s. 903.046, and any other
  563  relevant facts, that any of the following circumstances exist:
  564         1. The defendant has previously violated conditions of
  565  release and that no further conditions of release are reasonably
  566  likely to assure the defendant’s appearance at subsequent
  567  proceedings;
  568         2. The defendant, with the intent to obstruct the judicial
  569  process, has threatened, intimidated, or injured any victim,
  570  potential witness, juror, or judicial officer, or has attempted
  571  or conspired to do so, and that no condition of release will
  572  reasonably prevent the obstruction of the judicial process;
  573         3. The defendant is charged with trafficking in controlled
  574  substances as defined by s. 893.135, that there is a substantial
  575  probability that the defendant has committed the offense, and
  576  that no conditions of release will reasonably assure the
  577  defendant’s appearance at subsequent criminal proceedings;
  578         4. The defendant is charged with DUI manslaughter, as
  579  defined by s. 316.193, and that there is a substantial
  580  probability that the defendant committed the crime and that the
  581  defendant poses a threat of harm to the community; conditions
  582  that would support a finding by the court pursuant to this
  583  subparagraph that the defendant poses a threat of harm to the
  584  community include, but are not limited to, any of the following:
  585         a. The defendant has previously been convicted of any crime
  586  under s. 316.193, or of any crime in any other state or
  587  territory of the United States that is substantially similar to
  588  any crime under s. 316.193;
  589         b. The defendant was driving with a suspended driver
  590  license when the charged crime was committed; or
  591         c. The defendant has previously been found guilty of, or
  592  has had adjudication of guilt withheld for, driving while the
  593  defendant’s driver license was suspended or revoked in violation
  594  of s. 322.34;
  595         5. The defendant poses the threat of harm to the community.
  596  The court may so conclude, if it finds that the defendant is
  597  presently charged with a dangerous crime, that there is a
  598  substantial probability that the defendant committed such crime,
  599  that the factual circumstances of the crime indicate a disregard
  600  for the safety of the community, and that there are no
  601  conditions of release reasonably sufficient to protect the
  602  community from the risk of physical harm to persons;
  603         6. The defendant was on probation, parole, or other release
  604  pending completion of sentence or on pretrial release for a
  605  dangerous crime at the time the current offense was committed;
  606         7. The defendant has violated one or more conditions of
  607  pretrial release or bond for the offense currently before the
  608  court and the violation, in the discretion of the court,
  609  supports a finding that no conditions of release can reasonably
  610  protect the community from risk of physical harm to persons or
  611  assure the presence of the accused at trial; or
  612         8.a. The defendant has ever been sentenced pursuant to s.
  613  775.082(9) or s. 775.084 as a prison releasee reoffender,
  614  habitual violent felony offender, three-time violent felony
  615  offender, or violent career criminal, or the state attorney
  616  files a notice seeking that the defendant be sentenced pursuant
  617  to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
  618  habitual violent felony offender, three-time violent felony
  619  offender, or violent career criminal;
  620         b. There is a substantial probability that the defendant
  621  committed the offense; and
  622         c. There are no conditions of release that can reasonably
  623  protect the community from risk of physical harm or ensure the
  624  presence of the accused at trial.
  625         (d) When a person charged with a crime for which pretrial
  626  detention could be ordered is arrested, the arresting agency
  627  shall promptly notify the state attorney of the arrest and shall
  628  provide the state attorney with such information as the
  629  arresting agency has obtained relative to:
  630         1. The nature and circumstances of the offense charged;
  631         2. The nature of any physical evidence seized and the
  632  contents of any statements obtained from the defendant or any
  633  witness;
  634         3. The defendant’s family ties, residence, employment,
  635  financial condition, and mental condition; and
  636         4. The defendant’s past conduct and present conduct,
  637  including any record of convictions, previous flight to avoid
  638  prosecution, or failure to appear at court proceedings.
  639         (e) When a person charged with a crime for which pretrial
  640  detention could be ordered is arrested, the arresting agency may
  641  detain such defendant, prior to the filing by the state attorney
  642  of a motion seeking pretrial detention, for a period not to
  643  exceed 24 hours.
  644         (f) The pretrial detention hearing shall be held within 5
  645  days of the filing by the state attorney of a complaint to seek
  646  pretrial detention. The defendant may request a continuance. No
  647  continuance shall be for longer than 5 days unless there are
  648  extenuating circumstances. The defendant may be detained pending
  649  the hearing. The state attorney shall be entitled to one
  650  continuance for good cause.
  651         (g) The state attorney has the burden of showing the need
  652  for pretrial detention.
  653         (h) The defendant is entitled to be represented by counsel,
  654  to present witnesses and evidence, and to cross-examine
  655  witnesses. The court may admit relevant evidence without
  656  complying with the rules of evidence, but evidence secured in
  657  violation of the United States Constitution or the Constitution
  658  of the State of Florida shall not be admissible. No testimony by
  659  the defendant shall be admissible to prove guilt at any other
  660  judicial proceeding, but such testimony may be admitted in an
  661  action for perjury, based upon the defendant’s statements made
  662  at the pretrial detention hearing, or for impeachment.
  663         (i) The pretrial detention order of the court shall be
  664  based solely upon evidence produced at the hearing and shall
  665  contain findings of fact and conclusions of law to support it.
  666  The order shall be made either in writing or orally on the
  667  record. The court shall render its findings within 24 hours of
  668  the pretrial detention hearing.
  669         (j) A defendant convicted at trial following the issuance
  670  of a pretrial detention order shall have credited to his or her
  671  sentence, if imprisonment is imposed, the time the defendant was
  672  held under the order, pursuant to s. 921.161.
  673         (k) The defendant shall be entitled to dissolution of the
  674  pretrial detention order whenever the court finds that a
  675  subsequent event has eliminated the basis for detention.
  676         (l) The Legislature finds that a person who manufactures
  677  any substances in violation of chapter 893 poses a threat of
  678  harm to the community and that the factual circumstances of such
  679  a crime indicate a disregard for the safety of the community.
  680  The court shall order pretrial detention if the court finds that
  681  there is a substantial probability that a defendant charged with
  682  manufacturing any substances in violation of chapter 893
  683  committed such a crime and if the court finds that there are no
  684  conditions of release reasonably sufficient to protect the
  685  community from the risk of physical harm to persons.
  686         Section 7. For the purpose of incorporating the amendment
  687  made by this act to section 907.041(4)(a), Florida Statutes, in
  688  a reference thereto, paragraph (c) of subsection (2) of section
  689  790.065, Florida Statutes, is reenacted to read:
  690         790.065 Sale and delivery of firearms.—
  691         (2) Upon receipt of a request for a criminal history record
  692  check, the Department of Law Enforcement shall, during the
  693  licensee’s call or by return call, forthwith:
  694         (c)1. Review any records available to it to determine
  695  whether the potential buyer or transferee has been indicted or
  696  has had an information filed against her or him for an offense
  697  that is a felony under either state or federal law, or, as
  698  mandated by federal law, has had an injunction for protection
  699  against domestic violence entered against the potential buyer or
  700  transferee under s. 741.30, has had an injunction for protection
  701  against repeat violence entered against the potential buyer or
  702  transferee under s. 784.046, or has been arrested for a
  703  dangerous crime as specified in s. 907.041(4)(a) or for any of
  704  the following enumerated offenses:
  705         a. Criminal anarchy under ss. 876.01 and 876.02.
  706         b. Extortion under s. 836.05.
  707         c. Explosives violations under s. 552.22(1) and (2).
  708         d. Controlled substances violations under chapter 893.
  709         e. Resisting an officer with violence under s. 843.01.
  710         f. Weapons and firearms violations under this chapter.
  711         g. Treason under s. 876.32.
  712         h. Assisting self-murder under s. 782.08.
  713         i. Sabotage under s. 876.38.
  714         j. Stalking or aggravated stalking under s. 784.048.
  715  
  716  If the review indicates any such indictment, information, or
  717  arrest, the department shall provide to the licensee a
  718  conditional nonapproval number.
  719         2. Within 24 working hours, the department shall determine
  720  the disposition of the indictment, information, or arrest and
  721  inform the licensee as to whether the potential buyer is
  722  prohibited from receiving or possessing a firearm. For purposes
  723  of this paragraph, “working hours” means the hours from 8 a.m.
  724  to 5 p.m. Monday through Friday, excluding legal holidays.
  725         3. The office of the clerk of court, at no charge to the
  726  department, shall respond to any department request for data on
  727  the disposition of the indictment, information, or arrest as
  728  soon as possible, but in no event later than 8 working hours.
  729         4. The department shall determine as quickly as possible
  730  within the allotted time period whether the potential buyer is
  731  prohibited from receiving or possessing a firearm.
  732         5. If the potential buyer is not so prohibited, or if the
  733  department cannot determine the disposition information within
  734  the allotted time period, the department shall provide the
  735  licensee with a conditional approval number.
  736         6. If the buyer is so prohibited, the conditional
  737  nonapproval number shall become a nonapproval number.
  738         7. The department shall continue its attempts to obtain the
  739  disposition information and may retain a record of all approval
  740  numbers granted without sufficient disposition information. If
  741  the department later obtains disposition information which
  742  indicates:
  743         a. That the potential buyer is not prohibited from owning a
  744  firearm, it shall treat the record of the transaction in
  745  accordance with this section; or
  746         b. That the potential buyer is prohibited from owning a
  747  firearm, it shall immediately revoke the conditional approval
  748  number and notify local law enforcement.
  749         8. During the time that disposition of the indictment,
  750  information, or arrest is pending and until the department is
  751  notified by the potential buyer that there has been a final
  752  disposition of the indictment, information, or arrest, the
  753  conditional nonapproval number shall remain in effect.
  754         Section 8. This act shall take effect October 1, 2017.