HB 535

1	A bill to be entitled
2	An act relating to sexual exploitation; providing a short
3	title; amending s. 39.001, F.S.; providing legislative
4	intent and goals; conforming cross-references; amending s.
5	39.01, F.S.; revising the definitions of the terms
6	"abuse," "child who is found to be dependent," and "sexual
7	abuse of a child"; amending s. 39.401, F.S.; requiring
8	delivery of children alleged to be dependant and sexually
9	exploited to short-term safe houses; amending s. 39.402,
10	F.S.; providing for a presumption that placement of a
11	child alleged to have been sexually exploited in a short-
12	term safe house is necessary; providing requirements for
13	findings in a shelter hearing relating to placement of an
14	allegedly sexually exploited child in a short-term safe
15	house; amending s. 39.521, F.S.; providing for a
16	presumption that placement of children alleged to have
17	been sexually exploited in a safe house is necessary;
18	creating s. 39.524, F.S.; requiring assessment of certain
19	children for placement in a safe house; providing for use
20	of such assessments; providing requirements for safe
21	houses receiving such children; providing for placement of
22	other children in safe houses when appropriate; requiring
23	an annual report concerning safe-house placements;
24	providing requirements relating to appropriations for safe
25	houses; amending s. 322.28, F.S.; conforming a cross-
26	reference; creating s. 409.1678, F.S.; providing
27	legislative intent relating to safe houses; providing
28	definitions; requiring districts of the Department of
29	Children and Family Services to address child welfare
30	service needs of sexually exploited children as a
31	component of their master plans; providing for operation
32	of safe houses; providing duties, responsibilities, and
33	requirements for safe houses and their operators;
34	providing for training for law enforcement officials who
35	are likely to encounter sexually exploited children;
36	amending s. 796.07, F.S.; revising prohibitions on
37	prostitution and related acts; conforming a cross-
38	reference; amending ss. 985.145 and 985.15, F.S.;
39	providing a presumption against filing a delinquency
40	petition for certain prostitution-related offenses in
41	certain circumstances; providing an effective date.
42
43	Be It Enacted by the Legislature of the State of Florida:
44
45	Section 1.  This act may be cited as the "Florida Safe
46	Harbor Act."
47	Section 2.  Subsections (4) through (12) of section 39.001,
48	Florida Statutes, are renumbered as subsections (5) through
49	(13), respectively, paragraph (c) of present subsection (7) and
50	paragraph (b) of present subsection (9) are amended, and a new
51	subsection (4) is added to that section, to read:
52	39.001  Purposes and intent; personnel standards and
53	screening.-
54	(4)  SEXUAL EXPLOITATION SERVICES.-
55	(a)  The Legislature recognizes that child sexual
56	exploitation is a serious problem nationwide and in this state.
57	The children at greatest risk of being sexually exploited are
58	runaways and throwaways. Many of these children have a history
59	of abuse and neglect. The vulnerability of these children starts
60	with isolation from family and friends. Traffickers maintain
61	control of child victims through psychological manipulation,
62	force, drug addiction, or the exploitation of economic,
63	physical, or emotional vulnerability. Children exploited through
64	the sex trade often find it difficult to trust adults because of
65	their abusive experiences. These children make up a population
66	that is hard to serve and harder to rehabilitate. Although
67	minors are by law unable to consent to sexual activity, they are
68	most often treated as perpetrators of crime rather than victims.
69	Moreover, the historical treatment of such children as
70	delinquents has too often resulted in the failure to
71	successfully prosecute the trafficker, who is the true wrongdoer
72	and threat to society.
73	(b)  The Legislature establishes the following goals for
74	the state related to the status and treatment of sexually
75	exploited children in the dependency process:
76	1.  To ensure the safety of children.
77	2.  To provide for the treatment of such children as
78	dependent children rather than as delinquents.
79	3.  To sever the bond between exploited children and
80	traffickers and to reunite these children with their families or
81	provide them with appropriate guardians.
82	4.  To enable such children to be willing and reliable
83	witnesses in the prosecution of traffickers.
84	(c)  The Legislature finds that sexually exploited children
85	need special care and services in the dependency process, which
86	include counseling, health care, substance abuse treatment,
87	educational opportunities, and a safe environment secure from
88	traffickers.
89	(d)  The Legislature further finds that sexually exploited
90	children need the special care and services described in
91	paragraph (c) independent of their citizenship, residency,
92	alien, or immigrant status. It is the intent of the Legislature
93	that this state provide such care and services to all sexually
94	exploited children in this state who are not otherwise receiving
95	comparable services, such as those under the federal Trafficking
96	Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
97	(8)(7)  OFFICE OF ADOPTION AND CHILD PROTECTION.-
98	(c)  The office is authorized and directed to:
99	1.  Oversee the preparation and implementation of the state
100	plan established under subsection (9) (8) and revise and update
101	the state plan as necessary.
102	2.  Provide for or make available continuing professional
103	education and training in the prevention of child abuse and
104	neglect.
105	3.  Work to secure funding in the form of appropriations,
106	gifts, and grants from the state, the Federal Government, and
107	other public and private sources in order to ensure that
108	sufficient funds are available for the promotion of adoption,
109	support of adoptive families, and child abuse prevention
110	efforts.
111	4.  Make recommendations pertaining to agreements or
112	contracts for the establishment and development of:
113	a.  Programs and services for the promotion of adoption,
114	support of adoptive families, and prevention of child abuse and
115	neglect.
116	b.  Training programs for the prevention of child abuse and
117	neglect.
118	c.  Multidisciplinary and discipline-specific training
119	programs for professionals with responsibilities affecting
120	children, young adults, and families.
121	d.  Efforts to promote adoption.
122	e.  Postadoptive services to support adoptive families.
123	5.  Monitor, evaluate, and review the development and
124	quality of local and statewide services and programs for the
125	promotion of adoption, support of adoptive families, and
126	prevention of child abuse and neglect and shall publish and
127	distribute an annual report of its findings on or before January
128	1 of each year to the Governor, the Speaker of the House of
129	Representatives, the President of the Senate, the head of each
130	state agency affected by the report, and the appropriate
131	substantive committees of the Legislature. The report shall
132	include:
133	a.  A summary of the activities of the office.
134	b.  A summary of the adoption data collected and reported
135	to the federal Adoption and Foster Care Analysis and Reporting
136	System (AFCARS) and the federal Administration for Children and
137	Families.
138	c.  A summary of the child abuse prevention data collected
139	and reported to the National Child Abuse and Neglect Data System
140	(NCANDS) and the federal Administration for Children and
141	Families.
142	d.  A summary detailing the timeliness of the adoption
143	process for children adopted from within the child welfare
144	system.
145	e.  Recommendations, by state agency, for the further
146	development and improvement of services and programs for the
147	promotion of adoption, support of adoptive families, and
148	prevention of child abuse and neglect.
149	f.  Budget requests, adoption promotion and support needs,
150	and child abuse prevention program needs by state agency.
151	6.  Work with the direct-support organization established
152	under s. 39.0011 to receive financial assistance.
153	(10)(9)  FUNDING AND SUBSEQUENT PLANS.-
154	(b)  The office and the other agencies and organizations
155	listed in paragraph (9)(8)(a) shall readdress the state plan and
156	make necessary revisions every 5 years, at a minimum. Such
157	revisions shall be submitted to the Speaker of the House of
158	Representatives and the President of the Senate no later than
159	June 30 of each year divisible by 5. At least biennially, the
160	office shall review the state plan and make any necessary
161	revisions based on changing needs and program evaluation
162	results. An annual progress report shall be submitted to update
163	the state plan in the years between the 5-year intervals. In
164	order to avoid duplication of effort, these required plans may
165	be made a part of or merged with other plans required by either
166	the state or Federal Government, so long as the portions of the
167	other state or Federal Government plan that constitute the state
168	plan for the promotion of adoption, support of adoptive
169	families, and prevention of child abuse, abandonment, and
170	neglect are clearly identified as such and are provided to the
171	Speaker of the House of Representatives and the President of the
172	Senate as required above.
173	Section 3.  Subsections (2) and (15) and paragraph (g) of
174	subsection (67) of section 39.01, Florida Statutes, are amended
175	to read:
176	39.01  Definitions.-When used in this chapter, unless the
177	context otherwise requires:
178	(2)  "Abuse" means any willful act or threatened act that
179	results in any physical, mental, or sexual abuse or injury or
180	harm that causes or is likely to cause the child's physical,
181	mental, or emotional health to be significantly impaired. Abuse
182	of a child includes acts or omissions. Corporal discipline of a
183	child by a parent or legal custodian for disciplinary purposes
184	does not in itself constitute abuse when it does not result in
185	harm to the child.
186	(15)  "Child who is found to be dependent" means a child
187	who, pursuant to this chapter, is found by the court:
188	(a)  To have been abandoned, abused, or neglected by the
189	child's parent or parents or legal custodians;
190	(b)  To have been surrendered to the department, the former
191	Department of Health and Rehabilitative Services, or a licensed
192	child-placing agency for purpose of adoption;
193	(c)  To have been voluntarily placed with a licensed child-
194	caring agency, a licensed child-placing agency, an adult
195	relative, the department, or the former Department of Health and
196	Rehabilitative Services, after which placement, under the
197	requirements of this chapter, a case plan has expired and the
198	parent or parents or legal custodians have failed to
199	substantially comply with the requirements of the plan;
200	(d)  To have been voluntarily placed with a licensed child-
201	placing agency for the purposes of subsequent adoption, and a
202	parent or parents have signed a consent pursuant to the Florida
203	Rules of Juvenile Procedure;
204	(e)  To have no parent or legal custodians capable of
205	providing supervision and care; or
206	(f)  To be at substantial risk of imminent abuse,
207	abandonment, or neglect by the parent or parents or legal
208	custodians; or
209	(g)  To have been sexually exploited and to have no parent,
210	legal custodian, or responsible adult relative currently known
211	and capable of providing the necessary and appropriate
212	supervision and care.
213	(67)  "Sexual abuse of a child" means one or more of the
214	following acts:
215	(g)  The sexual exploitation of a child, which includes the
216	act of a child offering to engage in or engaging in
217	prostitution; or allowing, encouraging, or forcing a child to:
218	1.  Solicit for or engage in prostitution; or
219	2.  Engage in a sexual performance, as defined by chapter
220	827; or
221	3.  Participate in the trade of sex trafficking as provided
222	in s. 796.035.
223	Section 4.  Paragraph (b) of subsection (2) and paragraph
224	(b) of subsection (3) of section 39.401, Florida Statutes, are
225	amended to read:
226	39.401  Taking a child alleged to be dependent into
227	custody; law enforcement officers and authorized agents of the
228	department.-
229	(2)  If the law enforcement officer takes the child into
230	custody, that officer shall:
231	(b)  Deliver the child to an authorized agent of the
232	department, stating the facts by reason of which the child was
233	taken into custody and sufficient information to establish
234	probable cause that the child is abandoned, abused, or
235	neglected, or otherwise dependent. In the case of a child who is
236	sexually exploited, the law enforcement officer shall deliver
237	the child to the appropriate short-term safe house as provided
238	for in s. 409.1678 if a short-term safe house is available.
239
240	For cases involving allegations of abandonment, abuse, or
241	neglect, or other dependency cases, within 3 days after such
242	release or within 3 days after delivering the child to an
243	authorized agent of the department, the law enforcement officer
244	who took the child into custody shall make a full written report
245	to the department.
246	(3)  If the child is taken into custody by, or is delivered
247	to, an authorized agent of the department, the agent shall
248	review the facts supporting the removal with an attorney
249	representing the department. The purpose of the review is to
250	determine whether there is probable cause for the filing of a
251	shelter petition.
252	(b)  If the facts are sufficient and the child has not been
253	returned to the custody of the parent or legal custodian, the
254	department shall file the petition and schedule a hearing, and
255	the attorney representing the department shall request that a
256	shelter hearing be held within 24 hours after the removal of the
257	child. While awaiting the shelter hearing, the authorized agent
258	of the department may place the child in licensed shelter care,
259	or in a short-term safe house if the child is a sexually
260	exploited child, or may release the child to a parent or legal
261	custodian or responsible adult relative or the adoptive parent
262	of the child's sibling who shall be given priority consideration
263	over a licensed placement, or a responsible adult approved by
264	the department if this is in the best interests of the child.
265	Placement of a child which is not in a licensed shelter must be
266	preceded by a criminal history records check as required under
267	s. 39.0138. In addition, the department may authorize placement
268	of a housekeeper/homemaker in the home of a child alleged to be
269	dependent until the parent or legal custodian assumes care of
270	the child.
271	Section 5.  Subsection (2) and paragraphs (a), (d), and (h)
272	of subsection (8) of section 39.402, Florida Statutes, are
273	amended to read:
274	39.402  Placement in a shelter.-
275	(2)  A child taken into custody may be placed or continued
276	in a shelter only if one or more of the criteria in subsection
277	(1) applies and the court has made a specific finding of fact
278	regarding the necessity for removal of the child from the home
279	and has made a determination that the provision of appropriate
280	and available services will not eliminate the need for
281	placement. In the case of a child who is alleged to have been
282	sexually exploited, there is a rebuttable presumption that
283	placement in a short-term safe house is necessary.
284	(8)(a)  A child may not be held in a shelter longer than 24
285	hours unless an order so directing is entered by the court after
286	a shelter hearing. In the interval until the shelter hearing is
287	held, the decision to place the child in a shelter or release
288	the child from a shelter lies with the protective investigator.
289	In the case of a child who is alleged to have been sexually
290	exploited, there is a rebuttable presumption that placement in a
291	short-term safe house is necessary.
292	(d)  At the shelter hearing, in order to continue the child
293	in shelter care:
294	1.  The department must establish probable cause that
295	reasonable grounds for removal exist and that the provision of
296	appropriate and available services will not eliminate the need
297	for placement; or
298	2.  The department must establish probable cause for the
299	belief that the child has been sexually exploited and,
300	therefore, that placement in a short-term safe house is the most
301	appropriate environment for the child; or
302	3.2.  The court must determine that additional time is
303	necessary, which may not exceed 72 hours, in which to obtain and
304	review documents pertaining to the family in order to
305	appropriately determine the risk to the child during which time
306	the child shall remain in the department's custody, if so
307	ordered by the court.
308	(h)  The order for placement of a child in shelter care
309	must identify the parties present at the hearing and must
310	contain written findings:
311	1.  That placement in shelter care is necessary based on
312	the criteria in subsections (1) and (2).
313	2.  That placement in shelter care is in the best interest
314	of the child.
315	3.  That continuation of the child in the home is contrary
316	to the welfare of the child because the home situation presents
317	a substantial and immediate danger to the child's physical,
318	mental, or emotional health or safety which cannot be mitigated
319	by the provision of preventive services.
320	4.  That based upon the allegations of the petition for
321	placement in shelter care, there is probable cause to believe
322	that the child is dependent or that the court needs additional
323	time, which may not exceed 72 hours, in which to obtain and
324	review documents pertaining to the family in order to
325	appropriately determine the risk to the child.
326	5.  That the department has made reasonable efforts to
327	prevent or eliminate the need for removal of the child from the
328	home. A finding of reasonable effort by the department to
329	prevent or eliminate the need for removal may be made and the
330	department is deemed to have made reasonable efforts to prevent
331	or eliminate the need for removal if:
332	a.  The first contact of the department with the family
333	occurs during an emergency;
334	b.  The appraisal of the home situation by the department
335	indicates that the home situation presents a substantial and
336	immediate danger to the child's physical, mental, or emotional
337	health or safety which cannot be mitigated by the provision of
338	preventive services;
339	c.  The child cannot safely remain at home, either because
340	there are no preventive services that can ensure the health and
341	safety of the child or because, even with appropriate and
342	available services being provided, the health and safety of the
343	child cannot be ensured; or
344	d.  The child has been sexually exploited; or
345	e.d.  The parent or legal custodian is alleged to have
346	committed any of the acts listed as grounds for expedited
347	termination of parental rights in s. 39.806(1)(f)-(i).
348	6.  That the court notified the parents, relatives that are
349	providing out-of-home care for the child, or legal custodians of
350	the time, date, and location of the next dependency hearing and
351	of the importance of the active participation of the parents,
352	relatives that are providing out-of-home care for the child, or
353	legal custodians in all proceedings and hearings.
354	7.  That the court notified the parents or legal custodians
355	of their right to counsel to represent them at the shelter
356	hearing and at each subsequent hearing or proceeding, and the
357	right of the parents to appointed counsel, pursuant to the
358	procedures set forth in s. 39.013.
359	8.  That the court notified relatives who are providing
360	out-of-home care for a child as a result of the shelter petition
361	being granted that they have the right to attend all subsequent
362	hearings, to submit reports to the court, and to speak to the
363	court regarding the child, if they so desire.
364	Section 6.  Paragraph (f) of subsection (1) and paragraph
365	(d) of subsection (3) of section 39.521, Florida Statutes, are
366	amended to read:
367	39.521  Disposition hearings; powers of disposition.-
368	(1)  A disposition hearing shall be conducted by the court,
369	if the court finds that the facts alleged in the petition for
370	dependency were proven in the adjudicatory hearing, or if the
371	parents or legal custodians have consented to the finding of
372	dependency or admitted the allegations in the petition, have
373	failed to appear for the arraignment hearing after proper
374	notice, or have not been located despite a diligent search
375	having been conducted.
376	(f)  If the court places the child in an out-of-home
377	placement, the disposition order must include a written
378	determination that the child cannot safely remain at home with
379	reunification or family preservation services and that removal
380	of the child is necessary to protect the child. If the child is
381	removed before the disposition hearing, the order must also
382	include a written determination as to whether, after removal,
383	the department made a reasonable effort to reunify the parent
384	and child. Reasonable efforts to reunify are not required if the
385	court finds that any of the acts listed in s. 39.806(1)(f)-(l)
386	have occurred. The department has the burden of demonstrating
387	that it made reasonable efforts.
388	1.  For the purposes of this paragraph, the term
389	"reasonable effort" means the exercise of reasonable diligence
390	and care by the department to provide the services ordered by
391	the court or delineated in the case plan.
392	2.  In support of its determination as to whether
393	reasonable efforts have been made, the court shall:
394	a.  Enter written findings as to whether prevention or
395	reunification efforts were indicated.
396	b.  If prevention or reunification efforts were indicated,
397	include a brief written description of what appropriate and
398	available prevention and reunification efforts were made.
399	c.  Indicate in writing why further efforts could or could
400	not have prevented or shortened the separation of the parent and
401	child.
402	3.  A court may find that the department made a reasonable
403	effort to prevent or eliminate the need for removal if:
404	a.  The first contact of the department with the family
405	occurs during an emergency;
406	b.  The appraisal by the department of the home situation
407	indicates a substantial and immediate danger to the child's
408	safety or physical, mental, or emotional health which cannot be
409	mitigated by the provision of preventive services;
410	c.  The child cannot safely remain at home, because there
411	are no preventive services that can ensure the health and safety
412	of the child or, even with appropriate and available services
413	being provided, the health and safety of the child cannot be
414	ensured. There is a rebuttable presumption that a sexually
415	exploited child as defined in s. 39.01(67)(g) meets the terms of
416	this subparagraph; or
417	d.  The parent is alleged to have committed any of the acts
418	listed as grounds for expedited termination of parental rights
419	under s. 39.806(1)(f)-(l).
420	4.  A reasonable effort by the department for reunification
421	has been made if the appraisal of the home situation by the
422	department indicates that the severity of the conditions of
423	dependency is such that reunification efforts are inappropriate.
424	The department has the burden of demonstrating to the court that
425	reunification efforts were inappropriate.
426	5.  If the court finds that the prevention or reunification
427	effort of the department would not have permitted the child to
428	remain safely at home, the court may commit the child to the
429	temporary legal custody of the department or take any other
430	action authorized by this chapter.
431	(3)  When any child is adjudicated by a court to be
432	dependent, the court shall determine the appropriate placement
433	for the child as follows:
434	(d)  If the child cannot be safely placed in a nonlicensed
435	placement, the court shall commit the child to the temporary
436	legal custody of the department. Such commitment invests in the
437	department all rights and responsibilities of a legal custodian.
438	The department shall not return any child to the physical care
439	and custody of the person from whom the child was removed,
440	except for court-approved visitation periods, without the
441	approval of the court. Any order for visitation or other contact
442	must conform to the provisions of s. 39.0139. There is a
443	rebuttable presumption that any child who has been found to be a
444	victim of sexual exploitation as defined in s. 39.01(67)(g) be
445	committed to a safe house as provided for in s. 409.1678. The
446	term of such commitment continues until terminated by the court
447	or until the child reaches the age of 18. After the child is
448	committed to the temporary legal custody of the department, all
449	further proceedings under this section are governed by this
450	chapter.
451
452	Protective supervision continues until the court terminates it
453	or until the child reaches the age of 18, whichever date is
454	first. Protective supervision shall be terminated by the court
455	whenever the court determines that permanency has been achieved
456	for the child, whether with a parent, another relative, or a
457	legal custodian, and that protective supervision is no longer
458	needed. The termination of supervision may be with or without
459	retaining jurisdiction, at the court's discretion, and shall in
460	either case be considered a permanency option for the child. The
461	order terminating supervision by the department shall set forth
462	the powers of the custodian of the child and shall include the
463	powers ordinarily granted to a guardian of the person of a minor
464	unless otherwise specified. Upon the court's termination of
465	supervision by the department, no further judicial reviews are
466	required, so long as permanency has been established for the
467	child.
468	Section 7.  Section 39.524, Florida Statutes, is created to
469	read:
470	39.524  Safe-harbor placement.-
471	(1)  Except as provided in s. 39.407, any dependent child 6
472	years of age or older who has been found to be a victim of
473	sexual exploitation as defined in s. 39.01(67)(g) must be
474	assessed for placement in a safe house as provided in s.
475	409.1678. The assessment shall be conducted by the department or
476	its agent and shall incorporate and address current and
477	historical information from any law enforcement reports;
478	psychological testing or evaluation that has occurred; current
479	and historical information from the guardian ad litem, if one
480	has been assigned; current and historical information from any
481	current therapist, teacher, or other professional who has
482	knowledge of the child and has worked with the child; and any
483	other information concerning the availability and suitability of
484	safe-house placement. If such placement is determined to be
485	appropriate as a result of this procedure, the child must be
486	placed in a safe house, if available.
487	(2)  The results of the assessment described in subsection
488	(1) and the actions taken as a result of the assessment must be
489	included in the next judicial review of the child. At each
490	subsequent judicial review, the court must be advised in writing
491	of the status of the child's placement, with special reference
492	regarding the stability of the placement and the permanency
493	planning for the child.
494	(3)  Any safe house that receives children under this
495	section shall establish special permanency teams dedicated to
496	overcoming the special permanency challenges presented by this
497	population of children. Each facility shall report to the
498	department its success in achieving permanency for children
499	placed by the department in its care at intervals that allow the
500	current information to be provided to the court at each judicial
501	review for the child.
502	(4)  This section does not prohibit the department from
503	assessing and placing children who do not meet the criteria in
504	subsection (1) in a safe house if such placement is the most
505	appropriate placement for such children.
506	(5)(a)1.  By December 1 of each year, the department shall
507	report to the Legislature on the placement of children in safe
508	houses during the year, including the criteria used to determine
509	the placement of children, the number of children who were
510	evaluated for placement, the number of children who were placed
511	based upon the evaluation, and the number of children who were
512	not placed.
513	2.  The department shall maintain data specifying the
514	number of children who were referred to a safe house for whom
515	placement was unavailable and the counties in which such
516	placement was unavailable. The department shall include this
517	data in its report under this paragraph, so that the Legislature
518	may consider this information in developing the General
519	Appropriations Act.
520	(b)  As part of the report required in paragraph (a), the
521	department shall also provide a detailed account of the
522	expenditures incurred for "Special Categories: Grants and Aids-
523	Safe Houses" for the fiscal year immediately preceding the date
524	of the report. This section of the report must include whatever
525	supporting data is necessary to demonstrate full compliance with
526	paragraph (6)(c). The document must present the information by
527	district and must specify, at a minimum, the number of
528	additional beds, the average rate per bed, the number of
529	additional persons served, and a description of the enhanced and
530	expanded services provided.
531	(6)(a)  The provisions of this section shall be implemented
532	to the extent of available appropriations contained in the
533	annual General Appropriations Act for such purpose.
534	(b)  Each year, funds included in the General
535	Appropriations Act for safe houses and short-term safe houses as
536	provided in s. 409.1678 shall be appropriated in a separately
537	identified special category that is designated in the act as
538	"Special Categories: Grants and Aids-Safe Houses."
539	(c)  Each fiscal year, all funding increases for safe
540	houses and short-term safe houses as provided in s. 409.1678
541	which are included in the General Appropriations Act shall be
542	appropriated in a lump-sum appropriation as defined in s.
543	216.011. In accordance with s. 216.181(6)(a), the Executive
544	Office of the Governor shall require the department to submit a
545	spending plan that identifies the safe-house capacity shortage
546	throughout the state and proposes a distribution formula by
547	district which addresses the reported deficiencies. The spending
548	plan must have as its first priority the reduction or
549	elimination of any bed shortage identified and must also provide
550	for program enhancements to ensure that safe houses and short-
551	term safe houses meet a minimum level of expected performance
552	and provide for expansion of services for sexually exploited
553	children described in s. 409.1678. Annual appropriation
554	increases appropriated in the lump-sum appropriation must be
555	used in accordance with the provisions of the spending plan.
556	(d)  Funds from "Special Categories: Grants and Aids-Safe
557	Houses" may be used as one-time startup funding for safe-house
558	and short-term safe-house purposes that include, but are not
559	limited to, remodeling or renovation of existing facilities,
560	construction costs, leasing costs, purchase of equipment and
561	furniture, site development, and other necessary and reasonable
562	costs associated with the startup of facilities or programs upon
563	the recommendation of the lead community-based provider if one
564	exists and upon specific approval of the terms and conditions by
565	the secretary of the department.
566	Section 8.  Subsection (7) of section 322.28, Florida
567	Statutes, is amended to read:
568	322.28  Period of suspension or revocation.-
569	(7)  Following a second or subsequent violation of s.
570	796.07(2)(e)(f) which involves a motor vehicle and which results
571	in any judicial disposition other than acquittal or dismissal,
572	in addition to any other sentence imposed, the court shall
573	revoke the person's driver's license or driving privilege,
574	effective upon the date of the disposition, for a period of not
575	less than 1 year. A person sentenced under this subsection may
576	request a hearing under s. 322.271.
577	Section 9.  Section 409.1678, Florida Statutes, is created
578	to read:
579	409.1678  Safe harbor for children who are victims of
580	sexual exploitation.-
581	(1)  It is the intent of the Legislature to provide safe
582	houses and short-term safe houses for sexually exploited
583	children to give them a secure residential environment; to allow
584	them to be reintegrated into society as stable and productive
585	members; and, if appropriate, to enable them to testify as
586	witnesses in criminal proceedings related to their exploitation.
587	Such children require a full range of services in addition to
588	security, which include medical care, counseling, education, and
589	mentoring. These services are to be provided in a secure
590	residential setting by a not-for-profit corporation or a local
591	government entity under a contract with the department or by a
592	lead agency as described in s. 409.1671. These contracts should
593	be designed to provide an identified number of children with
594	access to a full array of services for a fixed price. Further,
595	it is the intent of the Legislature that the department and the
596	Department of Juvenile Justice establish an interagency
597	agreement by December 1, 2010, which describes respective agency
598	responsibilities for referral, placement, service provision, and
599	service coordination for dependent and delinquent youth who are
600	referred to these residential group care facilities. The
601	agreement must require interagency collaboration in the
602	development of terms, conditions, and performance outcomes for
603	safe-house contracts serving these children who have been
604	adjudicated dependent or delinquent.
605	(2)  As used in this section, the term:
606	(a)  "Child advocate" means an employee of a short-term
607	safe house who has been trained to work with and advocate for
608	the needs of sexually exploited children. The advocate shall
609	accompany the child to all court appearances, meetings with law
610	enforcement and the state attorney's office, and shall serve as
611	a liaison between the short-term safe house and the court.
612	(b)  "Safe house" means a living environment that has set
613	aside gender-specific, separate, and distinct living quarters
614	for sexually exploited children who have been adjudicated
615	dependent or delinquent and need to reside in a secure
616	residential facility with 24-hour-awake staff. A safe house
617	shall be operated by a licensed family foster home or
618	residential child-caring agency as defined in s. 409.175,
619	including a runaway youth center as defined in s. 409.441. Each
620	facility must be appropriately licensed in this state as a
621	residential child-caring agency as defined in s. 409.175 and
622	must be accredited by July 1, 2011. A safe house serving
623	children who have been sexually exploited must have available
624	staff or contract personnel with the clinical expertise,
625	credentials, and training to provide services identified in
626	paragraph (3)(e).
627	(c)  "Sexually exploited child" means a dependent child who
628	has suffered sexual abuse as defined in s. 39.01(67)(g) and is
629	ineligible for relief and benefits under the federal Trafficking
630	Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
631	(d)  "Short-term safe house" means a shelter operated by a
632	licensed family foster home or residential child-caring agency
633	as defined in s. 409.175, including a runaway youth center as
634	defined in s. 409.441, that has set aside gender-specific,
635	separate, and distinct living quarters for sexually exploited
636	children. In addition to shelter, the house shall provide
637	services and care to sexually exploited children, including
638	food, clothing, medical care, counseling, and appropriate crisis
639	intervention services at the time they are taken into custody by
640	law enforcement or the department.
641	(3)(a)  Notwithstanding any other provision of law,
642	pursuant to regulations of the department, every district of the
643	department shall address the child welfare service needs of
644	sexually exploited children as a component of the district's
645	master plan and, to the extent that funds are available, ensure
646	that preventive services, including a short-term safe house to
647	serve sexually exploited children, are available to children
648	residing in the district. The department or a lead agency that
649	has been established in accordance with s. 409.1671 shall
650	contract with an appropriate not-for-profit agency with
651	experience working with sexually exploited children to operate
652	such a short-term safe house. Nothing in this section shall
653	prohibit a district from using a homeless youth program or
654	services for victims of human trafficking for such purposes so
655	long as the staff members have received appropriate training
656	approved by the department regarding sexually exploited children
657	and the existing programs and facilities provide a safe, secure,
658	and appropriate environment for sexually exploited children.
659	Crisis intervention services, short-term safe-house care, and
660	community programming may, where appropriate, be provided by the
661	same not-for-profit agency. Districts may work cooperatively to
662	provide such short-term safe-house services and programming, and
663	access to such placement, services, and programming may be
664	provided on a regional basis, provided that every district
665	ensures, to the extent that funds are available, that such
666	placement, services, and programs are readily accessible to
667	sexually exploited children residing within the district.
668	(b)  The capacity of the crisis intervention services and
669	community-based programs in subsection (1) shall be based on the
670	number of sexually exploited children in each district who are
671	in need of such services. A determination of such need shall be
672	made annually in every district by the local administrator of
673	the department and be included in the department's master plan.
674	This determination shall be made in consultation with local law
675	enforcement, runaway and homeless youth program providers, local
676	probation departments, local community-based care and social
677	services, local guardians ad litem, public defenders, state
678	attorney's offices, and child advocates and services providers
679	who work directly with sexually exploited youth.
680	(c)  The department shall contract with an appropriate not-
681	for-profit agency with experience working with sexually
682	exploited children to operate at least one safe house in a
683	geographically appropriate area of the state, which shall
684	provide safe and secure long-term housing and specialized
685	services for sexually exploited children throughout the state.
686	The appropriateness of the geographic location shall be
687	determined taking into account the areas of the state with high
688	numbers of sexually exploited children and the need for sexually
689	exploited children to find shelter and long-term placement in a
690	secure and beneficial environment. The department shall
691	determine the need for more than one safe house based on the
692	numbers and geographical location of sexually exploited children
693	within the state.
694	(d)  The department, in accordance with a specific
695	appropriation for this program, shall contract with a not-for-
696	profit corporation, a local government entity, or a lead agency
697	that has been established in accordance with s. 409.1671 for the
698	performance of short-term safe-house and safe-house services
699	described in this section. A lead agency that is currently
700	providing the equivalent of a safe house may provide this
701	service directly with the approval of the department. The
702	department or a lead agency may contract for more than one
703	short-term safe house in a district and more than one safe house
704	in the state if that is determined to be the most effective way
705	to achieve the goals of this section.
706	(e)  The lead agency, the contracted not-for-profit
707	corporation, or the local government entity is responsible for
708	security, crisis intervention services, general counseling and
709	victim-witness counseling, a comprehensive assessment,
710	residential care, transportation, access to behavioral health
711	services, recreational activities, food, clothing, supplies,
712	infant care, and miscellaneous expenses associated with caring
713	for these children; for necessary arrangement for or provision
714	of educational services, including life skills services and
715	planning services to successfully transition residents back to
716	the community; and for ensuring necessary and appropriate health
717	and dental care.
718	(f)  The department may transfer all casework
719	responsibilities for children served under this program to the
720	entity that provides the safe-house service, including case
721	management and development and implementation of a case plan in
722	accordance with current standards for child protection services.
723	When the department establishes this program in a community that
724	has a lead agency as described in s. 409.1671, the casework
725	responsibilities must be transferred to the lead agency.
726	(g)  This section does not prohibit any provider of these
727	services from appropriately billing Medicaid for services
728	rendered, from contracting with a local school district for
729	educational services, or from obtaining federal or local funding
730	for services provided, as long as two or more funding sources do
731	not pay for the same specific service that has been provided to
732	a child.
733	(h)  The lead agency, not-for-profit corporation, or local
734	government entity has the legal authority for children served in
735	a safe-house program, as provided in chapter 39 or this chapter,
736	as appropriate, to enroll the child in school, to sign for a
737	driver's license for the child, to cosign loans and insurance
738	for the child, to sign for medical treatment of the child, and
739	to authorize other such activities.
740	(i)  The department shall provide technical assistance as
741	requested and contract management services.
742	(j)  The provisions of this section shall be implemented to
743	the extent of available appropriations contained in the General
744	Appropriations Act for such purpose.
745	(k)  The department may adopt rules pursuant to ss.
746	120.536(1) and 120.54 to implement the provisions of this
747	section conferring duties upon it.
748	(l)  All of the services created under this section may, to
749	the extent possible provided by law, be available to all
750	sexually exploited children whether they are accessed
751	voluntarily, as a condition of probation, through a diversion
752	program, through a proceeding under chapter 39, or through a
753	referral from a local community based care or social service
754	agency.
755	(4)  The local district administrator may, to the extent
756	that funds are available, in conjunction with local law
757	enforcement officials, contract with an appropriate not-for-
758	profit agency with experience working with sexually exploited
759	children to train law enforcement officials who are likely to
760	encounter sexually exploited children in the course of their law
761	enforcement duties on the provisions of this section and how to
762	identify and obtain appropriate services for sexually exploited
763	children. Districts may work cooperatively to provide such
764	training, and such training may be provided on a regional basis.
765	The department shall assist districts in obtaining any available
766	funds for the purposes of conducting law enforcement training
767	from the United States Department of Justice, Office of Juvenile
768	Justice and Delinquency Prevention.
769	Section 10.  Present subsection (2) and (6) of section
770	796.07, Florida Statutes, are amended, present subsections (3)
771	through (6) are redesignated as subsections (4) through (7),
772	respectively, and a new subsection (3) is added to that section,
773	to read:
774	796.07  Prohibiting prostitution and related acts, etc.;
775	evidence; penalties; definitions.-
776	(2)  It is unlawful to:
777	(a)  To Own, establish, maintain, or operate any place,
778	structure, building, or conveyance for the purpose of lewdness,
779	assignation, or prostitution.
780	(b)  To Offer, or to offer or agree to secure, another for
781	the purpose of prostitution or for any other lewd or indecent
782	act.
783	(c)  To Receive, or to offer or agree to receive, any
784	person into any place, structure, building, or conveyance for
785	the purpose of prostitution, lewdness, or assignation, or to
786	permit any person to remain there for such purpose.
787	(d)  To Direct, take, or transport, or to offer or agree to
788	direct, take, or transport, any person to any place, structure,
789	or building, or to any other person, with knowledge or
790	reasonable cause to believe that the purpose of such directing,
791	taking, or transporting is prostitution, lewdness, or
792	assignation.
793	(e)  To offer to commit, or to commit, or to engage in,
794	prostitution, lewdness, or assignation.
795	(e)(f)  To Solicit, induce, entice, or procure another to
796	commit prostitution, lewdness, or assignation.
797	(f)  Use or threaten to use a deadly weapon during the
798	commission of one of the offenses enumerated in subsection (3).
799	(g)  To reside in, enter, or remain in, any place,
800	structure, or building, or to enter or remain in any conveyance,
801	for the purpose of prostitution, lewdness, or assignation.
802	(h)  To aid, abet, or participate in any of the acts or
803	things enumerated in this subsection.
804	(i)  To purchase the services of any person engaged in
805	prostitution.
806	(3)  It is unlawful for any person 16 years of age or older
807	to:
808	(a)  Purchase the services of any person engaged in
809	prostitution.
810	(b)  Offer to commit, or to commit, or to engage in,
811	prostitution, lewdness, or assignation.
812	(c)  Reside in, enter, or remain in, any place, structure,
813	or building, or to enter or remain in any conveyance, for the
814	purpose of prostitution, lewdness, or assignation.
815	(d)  Aid, abet, or participate in any of the acts or things
816	enumerated in subsection (2) or this subsection.
817	(7)(6)  A person who violates paragraph (2)(e)(f) shall be
818	assessed a civil penalty of $500 if the violation results in any
819	judicial disposition other than acquittal or dismissal. The
820	proceeds from penalties assessed under this subsection shall be
821	paid to the circuit court administrator for the sole purpose of
822	paying the administrative costs of treatment-based drug court
823	programs provided under s. 397.334.
824	Section 11.  Paragraph (i) of subsection (1) of section
825	985.145, Florida Statutes, is amended to read:
826	985.145  Responsibilities of juvenile probation officer
827	during intake; screenings and assessments.-
828	(1)  The juvenile probation officer shall serve as the
829	primary case manager for the purpose of managing, coordinating,
830	and monitoring the services provided to the child. Each program
831	administrator within the Department of Children and Family
832	Services shall cooperate with the primary case manager in
833	carrying out the duties and responsibilities described in this
834	section. In addition to duties specified in other sections and
835	through departmental rules, the assigned juvenile probation
836	officer shall be responsible for the following:
837	(i)  Recommendation concerning a petition.-Upon determining
838	that the report, affidavit, or complaint complies with the
839	standards of a probable cause affidavit and that the interests
840	of the child and the public will be best served, the juvenile
841	probation officer may recommend that a delinquency petition not
842	be filed. If such a recommendation is made, the juvenile
843	probation officer shall advise in writing the person or agency
844	making the report, affidavit, or complaint, the victim, if any,
845	and the law enforcement agency having investigative jurisdiction
846	over the offense of the recommendation; the reasons therefor;
847	and that the person or agency may submit, within 10 days after
848	the receipt of such notice, the report, affidavit, or complaint
849	to the state attorney for special review. In the case of a
850	report, affidavit, or complaint alleging a violation of s.
851	796.07(3), there is a presumption that the juvenile probation
852	officer recommend that a petition not be filed unless the child
853	has previously been adjudicated delinquent. The state attorney,
854	upon receiving a request for special review, shall consider the
855	facts presented by the report, affidavit, or complaint, and by
856	the juvenile probation officer who made the recommendation that
857	no petition be filed, before making a final decision as to
858	whether a petition or information should or should not be filed.
859	Section 12.  Paragraph (c) of subsection (1) of section
860	985.15, Florida Statutes, is amended to read:
861	985.15  Filing decisions.-
862	(1)  The state attorney may in all cases take action
863	independent of the action or lack of action of the juvenile
864	probation officer and shall determine the action that is in the
865	best interest of the public and the child. If the child meets
866	the criteria requiring prosecution as an adult under s. 985.556,
867	the state attorney shall request the court to transfer and
868	certify the child for prosecution as an adult or shall provide
869	written reasons to the court for not making such a request. In
870	all other cases, the state attorney may:
871	(c)  File a petition for delinquency. In the case of a
872	report, affidavit, or complaint alleging a violation of s.
873	796.07(3), there is a presumption that a petition not be filed
874	unless the child has previously been adjudicated delinquent;
875	Section 13.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.