CS/HB 145

1
A bill to be entitled
2An act relating to sexual exploitation; providing a short
3title; amending s. 39.001, F.S.; providing legislative
4intent and goals; conforming cross-references; amending s.
539.01, F.S.; revising the definitions of the terms
6"abuse," "child who is found to be dependent," and "sexual
7abuse of a child"; amending s. 39.401, F.S.; requiring
8delivery of children alleged to be dependent and sexually
9exploited to short-term safe houses; amending s. 39.402,
10F.S.; providing for a presumption that placement of a
11child alleged to have been sexually exploited in a short-
12term safe house is necessary; providing requirements for
13findings in a shelter hearing relating to placement of an
14allegedly sexually exploited child in a short-term safe
15house; amending s. 39.521, F.S.; providing for a
16presumption that placement of a child alleged to have been
17sexually exploited in a safe house is necessary; creating
18s. 39.524, F.S.; requiring assessment of certain children
19for placement in a safe house; providing for use of such
20assessments; providing requirements for safe houses
21receiving such children; requiring an annual report
22concerning safe-house placements; creating s. 409.1678,
23F.S.; providing definitions; requiring circuits of the
24Department of Children and Family Services to address
25child welfare service needs of sexually exploited children
26as a component of their master plans; providing duties,
27responsibilities, and requirements for safe houses and
28their operators; providing for training for law
29enforcement officials who are likely to encounter sexually
30exploited children; amending s. 796.07, F.S.; providing
31for an increased civil penalty for soliciting another to
32commit prostitution or related acts; providing for
33disposition of proceeds; amending s. 960.065, F.S.;
34allowing victim compensation for sexually exploited
35children; amending s. 985.115, F.S.; conforming a
36provision to changes made by the act; amending ss. 985.145
37and 985.15, F.S.; providing a presumption against filing a
38delinquency petition for certain prostitution-related
39offenses in certain circumstances; providing an effective
40date.
41
42Be It Enacted by the Legislature of the State of Florida:
43
44     Section 1.  This act may be cited as the "Florida Safe
45Harbor Act."
46     Section 2.  Subsections (4) through (12) of section 39.001,
47Florida Statutes, are renumbered as subsections (5) through
48(13), respectively, paragraph (c) of present subsection (7) and
49paragraph (b) of present subsection (9) are amended, and a new
50subsection (4) is added to that section, to read:
51     39.001  Purposes and intent; personnel standards and
52screening.-
53     (4)  SEXUAL EXPLOITATION SERVICES.-
54     (a)  The Legislature recognizes that child sexual
55exploitation is a serious problem nationwide and in this state.
56The children at greatest risk of being sexually exploited are
57runaways and throwaways. Many of these children have a history
58of abuse and neglect. The vulnerability of these children starts
59with isolation from family and friends. Traffickers maintain
60control of child victims through psychological manipulation,
61force, drug addiction, or the exploitation of economic,
62physical, or emotional vulnerability. Children exploited through
63the sex trade often find it difficult to trust adults because of
64their abusive experiences. These children make up a population
65that is difficult to serve and even more difficult to
66rehabilitate. Although minors are by law unable to consent to
67sexual activity, they are most often treated as perpetrators of
68crime rather than victims. Moreover, the historical treatment of
69such children as delinquents has too often resulted in the
70failure to successfully prosecute the trafficker, who is the
71true wrongdoer and threat to society.
72     (b)  The Legislature establishes the following goals for
73the state related to the status and treatment of sexually
74exploited children in the dependency process:
75     1.  To ensure the safety of children.
76     2.  To provide for the treatment of such children as
77dependent children rather than as delinquents.
78     3.  To sever the bond between exploited children and
79traffickers and to reunite these children with their families or
80provide them with appropriate guardians.
81     4.  To enable such children to be willing and reliable
82witnesses in the prosecution of traffickers.
83     (c)  The Legislature finds that sexually exploited children
84need special care and services in the dependency process,
85including counseling, health care, substance abuse treatment,
86educational opportunities, and a safe environment secure from
87traffickers.
88     (d)  The Legislature further finds that sexually exploited
89children need the special care and services described in
90paragraph (c) independent of their citizenship, residency,
91alien, or immigrant status. It is the intent of the Legislature
92that this state provide such care and services to all sexually
93exploited children in this state who are not otherwise receiving
94comparable services, such as those under the federal Trafficking
95Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
96     (8)(7)  OFFICE OF ADOPTION AND CHILD PROTECTION.-
97     (c)  The office is authorized and directed to:
98     1.  Oversee the preparation and implementation of the state
99plan established under subsection (9) (8) and revise and update
100the state plan as necessary.
101     2.  Provide for or make available continuing professional
102education and training in the prevention of child abuse and
103neglect.
104     3.  Work to secure funding in the form of appropriations,
105gifts, and grants from the state, the Federal Government, and
106other public and private sources in order to ensure that
107sufficient funds are available for the promotion of adoption,
108support of adoptive families, and child abuse prevention
109efforts.
110     4.  Make recommendations pertaining to agreements or
111contracts for the establishment and development of:
112     a.  Programs and services for the promotion of adoption,
113support of adoptive families, and prevention of child abuse and
114neglect.
115     b.  Training programs for the prevention of child abuse and
116neglect.
117     c.  Multidisciplinary and discipline-specific training
118programs for professionals with responsibilities affecting
119children, young adults, and families.
120     d.  Efforts to promote adoption.
121     e.  Postadoptive services to support adoptive families.
122     5.  Monitor, evaluate, and review the development and
123quality of local and statewide services and programs for the
124promotion of adoption, support of adoptive families, and
125prevention of child abuse and neglect and shall publish and
126distribute an annual report of its findings on or before January
1271 of each year to the Governor, the Speaker of the House of
128Representatives, the President of the Senate, the head of each
129state agency affected by the report, and the appropriate
130substantive committees of the Legislature. The report shall
131include:
132     a.  A summary of the activities of the office.
133     b.  A summary of the adoption data collected and reported
134to the federal Adoption and Foster Care Analysis and Reporting
135System (AFCARS) and the federal Administration for Children and
136Families.
137     c.  A summary of the child abuse prevention data collected
138and reported to the National Child Abuse and Neglect Data System
139(NCANDS) and the federal Administration for Children and
140Families.
141     d.  A summary detailing the timeliness of the adoption
142process for children adopted from within the child welfare
143system.
144     e.  Recommendations, by state agency, for the further
145development and improvement of services and programs for the
146promotion of adoption, support of adoptive families, and
147prevention of child abuse and neglect.
148     f.  Budget requests, adoption promotion and support needs,
149and child abuse prevention program needs by state agency.
150     6.  Work with the direct-support organization established
151under s. 39.0011 to receive financial assistance.
152     (10)(9)  FUNDING AND SUBSEQUENT PLANS.-
153     (b)  The office and the other agencies and organizations
154listed in paragraph (9)(8)(a) shall readdress the state plan and
155make necessary revisions every 5 years, at a minimum. Such
156revisions shall be submitted to the Speaker of the House of
157Representatives and the President of the Senate no later than
158June 30 of each year divisible by 5. At least biennially, the
159office shall review the state plan and make any necessary
160revisions based on changing needs and program evaluation
161results. An annual progress report shall be submitted to update
162the state plan in the years between the 5-year intervals. In
163order to avoid duplication of effort, these required plans may
164be made a part of or merged with other plans required by either
165the state or Federal Government, so long as the portions of the
166other state or Federal Government plan that constitute the state
167plan for the promotion of adoption, support of adoptive
168families, and prevention of child abuse, abandonment, and
169neglect are clearly identified as such and are provided to the
170Speaker of the House of Representatives and the President of the
171Senate as required above.
172     Section 3.  Subsections (2) and (15) and paragraph (g) of
173subsection (67) of section 39.01, Florida Statutes, are amended
174to read:
175     39.01  Definitions.-When used in this chapter, unless the
176context otherwise requires:
177     (2)  "Abuse" means any willful act or threatened act that
178results in any physical, mental, or sexual abuse, injury, or
179harm that causes or is likely to cause the child's physical,
180mental, or emotional health to be significantly impaired. Abuse
181of a child includes acts or omissions. Corporal discipline of a
182child by a parent or legal custodian for disciplinary purposes
183does not in itself constitute abuse when it does not result in
184harm to the child.
185     (15)  "Child who is found to be dependent" means a child
186who, pursuant to this chapter, is found by the court:
187     (a)  To have been abandoned, abused, or neglected by the
188child's parent or parents or legal custodians;
189     (b)  To have been surrendered to the department, the former
190Department of Health and Rehabilitative Services, or a licensed
191child-placing agency for purpose of adoption;
192     (c)  To have been voluntarily placed with a licensed child-
193caring agency, a licensed child-placing agency, an adult
194relative, the department, or the former Department of Health and
195Rehabilitative Services, after which placement, under the
196requirements of this chapter, a case plan has expired and the
197parent or parents or legal custodians have failed to
198substantially comply with the requirements of the plan;
199     (d)  To have been voluntarily placed with a licensed child-
200placing agency for the purposes of subsequent adoption, and a
201parent or parents have signed a consent pursuant to the Florida
202Rules of Juvenile Procedure;
203     (e)  To have no parent or legal custodians capable of
204providing supervision and care; or
205     (f)  To be at substantial risk of imminent abuse,
206abandonment, or neglect by the parent or parents or legal
207custodians; or
208     (g)  To have been sexually exploited and to have no parent,
209legal custodian, or responsible adult relative currently known
210and capable of providing the necessary and appropriate
211supervision and care.
212     (67)  "Sexual abuse of a child" means one or more of the
213following acts:
214     (g)  The sexual exploitation of a child, which includes the
215act of a child offering to engage in or engaging in
216prostitution; or allowing, encouraging, or forcing a child to:
217     1.  Solicit for or engage in prostitution; or
218     2.  Engage in a sexual performance, as defined by chapter
219827; or
220     3.  Participate in the trade of sex trafficking as provided
221in s. 796.035.
222     Section 4.  Paragraph (b) of subsection (2) and paragraph
223(b) of subsection (3) of section 39.401, Florida Statutes, are
224amended to read:
225     39.401  Taking a child alleged to be dependent into
226custody; law enforcement officers and authorized agents of the
227department.-
228     (2)  If the law enforcement officer takes the child into
229custody, that officer shall:
230     (b)  Deliver the child to an authorized agent of the
231department, stating the facts by reason of which the child was
232taken into custody and sufficient information to establish
233probable cause that the child is abandoned, abused, or
234neglected, or otherwise dependent. In the case of a child for
235whom there is probable cause to believe he or she has been
236sexually exploited, the law enforcement officer shall deliver
237the child to the appropriate short-term safe house as provided
238for in s. 409.1678 if a short-term safe house is available.
239
240For cases involving allegations of abandonment, abuse, or
241neglect, or other dependency cases, within 3 days after such
242release or within 3 days after delivering the child to an
243authorized agent of the department, the law enforcement officer
244who took the child into custody shall make a full written report
245to the department.
246     (3)  If the child is taken into custody by, or is delivered
247to, an authorized agent of the department, the agent shall
248review the facts supporting the removal with an attorney
249representing the department. The purpose of the review is to
250determine whether there is probable cause for the filing of a
251shelter petition.
252     (b)  If the facts are sufficient and the child has not been
253returned to the custody of the parent or legal custodian, the
254department shall file the petition and schedule a hearing, and
255the attorney representing the department shall request that a
256shelter hearing be held within 24 hours after the removal of the
257child. While awaiting the shelter hearing, the authorized agent
258of the department may place the child in licensed shelter care,
259or in a short-term safe house if the child is a sexually
260exploited child, or may release the child to a parent or legal
261custodian or responsible adult relative or the adoptive parent
262of the child's sibling who shall be given priority consideration
263over a licensed placement, or a responsible adult approved by
264the department if this is in the best interests of the child.
265Placement of a child which is not in a licensed shelter must be
266preceded by a criminal history records check as required under
267s. 39.0138. In addition, the department may authorize placement
268of a housekeeper/homemaker in the home of a child alleged to be
269dependent until the parent or legal custodian assumes care of
270the child.
271     Section 5.  Subsection (2) and paragraphs (a), (d), and (h)
272of subsection (8) of section 39.402, Florida Statutes, are
273amended to read:
274     39.402  Placement in a shelter.-
275     (2)  A child taken into custody may be placed or continued
276in a shelter only if one or more of the criteria in subsection
277(1) apply applies and the court has made a specific finding of
278fact regarding the necessity for removal of the child from the
279home and has made a determination that the provision of
280appropriate and available services will not eliminate the need
281for placement. In the case of a child who is alleged to have
282been sexually exploited, there is a rebuttable presumption that
283placement in a short-term safe house is necessary.
284     (8)(a)  A child may not be held in a shelter longer than 24
285hours unless an order so directing is entered by the court after
286a shelter hearing. In the interval until the shelter hearing is
287held, the decision to place the child in a shelter or release
288the child from a shelter lies with the protective investigator.
289In the case of a child who is alleged to have been sexually
290exploited, there is a rebuttable presumption that placement in a
291short-term safe house is necessary.
292     (d)  At the shelter hearing, in order to continue the child
293in shelter care:
294     1.  The department must establish probable cause that
295reasonable grounds for removal exist and that the provision of
296appropriate and available services will not eliminate the need
297for placement;
298     2.  The department must establish probable cause for the
299belief that the child has been sexually exploited and,
300therefore, that placement in a short-term safe house is the most
301appropriate environment for the child; or
302     3.2.  The court must determine that additional time is
303necessary, which may not exceed 72 hours, in which to obtain and
304review documents pertaining to the family in order to
305appropriately determine the risk to the child during which time
306the child shall remain in the department's custody, if so
307ordered by the court.
308     (h)  The order for placement of a child in shelter care
309must identify the parties present at the hearing and must
310contain written findings:
311     1.  That placement in shelter care is necessary based on
312the criteria in subsections (1) and (2).
313     2.  That placement in shelter care is in the best interest
314of the child.
315     3.  That continuation of the child in the home is contrary
316to the welfare of the child because the home situation presents
317a substantial and immediate danger to the child's physical,
318mental, or emotional health or safety which cannot be mitigated
319by the provision of preventive services.
320     4.  That based upon the allegations of the petition for
321placement in shelter care, there is probable cause to believe
322that the child is dependent or that the court needs additional
323time, which may not exceed 72 hours, in which to obtain and
324review documents pertaining to the family in order to
325appropriately determine the risk to the child.
326     5.  That the department has made reasonable efforts to
327prevent or eliminate the need for removal of the child from the
328home. A finding of reasonable effort by the department to
329prevent or eliminate the need for removal may be made and the
330department is deemed to have made reasonable efforts to prevent
331or eliminate the need for removal if:
332     a.  The first contact of the department with the family
333occurs during an emergency;
334     b.  The appraisal of the home situation by the department
335indicates that the home situation presents a substantial and
336immediate danger to the child's physical, mental, or emotional
337health or safety which cannot be mitigated by the provision of
338preventive services;
339     c.  The child cannot safely remain at home, either because
340there are no preventive services that can ensure the health and
341safety of the child or because, even with appropriate and
342available services being provided, the health and safety of the
343child cannot be ensured;
344     d.  The child has been sexually exploited; or
345     e.d.  The parent or legal custodian is alleged to have
346committed any of the acts listed as grounds for expedited
347termination of parental rights in s. 39.806(1)(f)-(i).
348     6.  That the court notified the parents, relatives that are
349providing out-of-home care for the child, or legal custodians of
350the time, date, and location of the next dependency hearing and
351of the importance of the active participation of the parents,
352relatives that are providing out-of-home care for the child, or
353legal custodians in all proceedings and hearings.
354     7.  That the court notified the parents or legal custodians
355of their right to counsel to represent them at the shelter
356hearing and at each subsequent hearing or proceeding, and the
357right of the parents to appointed counsel, pursuant to the
358procedures set forth in s. 39.013.
359     8.  That the court notified relatives who are providing
360out-of-home care for a child as a result of the shelter petition
361being granted that they have the right to attend all subsequent
362hearings, to submit reports to the court, and to speak to the
363court 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
366amended to read:
367     39.521  Disposition hearings; powers of disposition.-
368     (1)  A disposition hearing shall be conducted by the court,
369if the court finds that the facts alleged in the petition for
370dependency were proven in the adjudicatory hearing, or if the
371parents or legal custodians have consented to the finding of
372dependency or admitted the allegations in the petition, have
373failed to appear for the arraignment hearing after proper
374notice, or have not been located despite a diligent search
375having been conducted.
376     (f)  If the court places the child in an out-of-home
377placement, the disposition order must include a written
378determination that the child cannot safely remain at home with
379reunification or family preservation services and that removal
380of the child is necessary to protect the child. If the child is
381removed before the disposition hearing, the order must also
382include a written determination as to whether, after removal,
383the department made a reasonable effort to reunify the parent
384and child. Reasonable efforts to reunify are not required if the
385court finds that any of the acts listed in s. 39.806(1)(f)-(l)
386have occurred. The department has the burden of demonstrating
387that it made reasonable efforts.
388     1.  For the purposes of this paragraph, the term
389"reasonable effort" means the exercise of reasonable diligence
390and care by the department to provide the services ordered by
391the court or delineated in the case plan.
392     2.  In support of its determination as to whether
393reasonable efforts have been made, the court shall:
394     a.  Enter written findings as to whether prevention or
395reunification efforts were indicated.
396     b.  If prevention or reunification efforts were indicated,
397include a brief written description of what appropriate and
398available prevention and reunification efforts were made.
399     c.  Indicate in writing why further efforts could or could
400not have prevented or shortened the separation of the parent and
401child.
402     3.  A court may find that the department made a reasonable
403effort to prevent or eliminate the need for removal if:
404     a.  The first contact of the department with the family
405occurs during an emergency;
406     b.  The appraisal by the department of the home situation
407indicates a substantial and immediate danger to the child's
408safety or physical, mental, or emotional health which cannot be
409mitigated by the provision of preventive services;
410     c.  The child cannot safely remain at home, because there
411are no preventive services that can ensure the health and safety
412of the child or, even with appropriate and available services
413being provided, the health and safety of the child cannot be
414ensured. There is a rebuttable presumption that any child who
415has been found to be a victim of sexual exploitation as defined
416in s. 39.01(67)(g) meets the terms of this sub-subparagraph; or
417     d.  The parent is alleged to have committed any of the acts
418listed as grounds for expedited termination of parental rights
419under s. 39.806(1)(f)-(l).
420     4.  A reasonable effort by the department for reunification
421has been made if the appraisal of the home situation by the
422department indicates that the severity of the conditions of
423dependency is such that reunification efforts are inappropriate.
424The department has the burden of demonstrating to the court that
425reunification efforts were inappropriate.
426     5.  If the court finds that the prevention or reunification
427effort of the department would not have permitted the child to
428remain safely at home, the court may commit the child to the
429temporary legal custody of the department or take any other
430action authorized by this chapter.
431     (3)  When any child is adjudicated by a court to be
432dependent, the court shall determine the appropriate placement
433for the child as follows:
434     (d)  If the child cannot be safely placed in a nonlicensed
435placement, the court shall commit the child to the temporary
436legal custody of the department. Such commitment invests in the
437department all rights and responsibilities of a legal custodian.
438The department shall not return any child to the physical care
439and custody of the person from whom the child was removed,
440except for court-approved visitation periods, without the
441approval of the court. Any order for visitation or other contact
442must conform to the provisions of s. 39.0139. There is a
443rebuttable presumption that any child who has been found to be a
444victim of sexual exploitation as defined in s. 39.01(67)(g) be
445committed to a safe house as provided for in s. 409.1678. The
446term of such commitment continues until terminated by the court
447or until the child reaches the age of 18. After the child is
448committed to the temporary legal custody of the department, all
449further proceedings under this section are governed by this
450chapter.
451
452Protective supervision continues until the court terminates it
453or until the child reaches the age of 18, whichever date is
454first. Protective supervision shall be terminated by the court
455whenever the court determines that permanency has been achieved
456for the child, whether with a parent, another relative, or a
457legal custodian, and that protective supervision is no longer
458needed. The termination of supervision may be with or without
459retaining jurisdiction, at the court's discretion, and shall in
460either case be considered a permanency option for the child. The
461order terminating supervision by the department shall set forth
462the powers of the custodian of the child and shall include the
463powers ordinarily granted to a guardian of the person of a minor
464unless otherwise specified. Upon the court's termination of
465supervision by the department, no further judicial reviews are
466required, so long as permanency has been established for the
467child.
468     Section 7.  Section 39.524, Florida Statutes, is created to
469read:
470     39.524  Safe-harbor placement.-
471     (1)  Except as provided in s. 39.407, any dependent child 6
472years of age or older who has been found to be a victim of
473sexual exploitation as defined in s. 39.01(67)(g) must be
474assessed for placement in a safe house as provided in s.
475409.1678. The assessment shall be conducted by the department or
476its agent and shall incorporate and address current and
477historical information from any law enforcement reports;
478psychological testing or evaluation that has occurred; current
479and historical information from the guardian ad litem, if one
480has been assigned; current and historical information from any
481current therapist, teacher, or other professional who has
482knowledge of the child and has worked with the child; and any
483other information concerning the availability and suitability of
484safe-house placement. If such placement is determined to be
485appropriate as a result of this procedure, the child must be
486placed in a safe house, if one is available. As used in this
487section, the term "available" as it relates to a placement means
488a placement that is located within the circuit or that is
489otherwise reasonably accessible.
490     (2)  The results of the assessment described in subsection
491(1) and the actions taken as a result of the assessment must be
492included in the next judicial review of the child. At each
493subsequent judicial review, the court must be advised in writing
494of the status of the child's placement, with special reference
495regarding the stability of the placement and the permanency
496planning for the child.
497     (3)  Any safe house that receives children under this
498section shall establish special permanency teams dedicated to
499overcoming the special permanency challenges presented by this
500population of children. Each facility shall report to the
501department its success in achieving permanency for children
502placed by the department in its care at intervals that allow the
503current information to be provided to the court at each judicial
504review for the child.
505     (4)(a)  By December 1 of each year, the department shall
506report to the Legislature on the placement of children in safe
507houses during the year, including the criteria used to determine
508the placement of children, the number of children who were
509evaluated for placement, the number of children who were placed
510based upon the evaluation, and the number of children who were
511not placed.
512     (b)  The department shall maintain data specifying the
513number of children who were referred to a safe house for whom
514placement was unavailable and the counties in which such
515placement was unavailable. The department shall include this
516data in its report under this subsection so that the Legislature
517may consider this information in developing the General
518Appropriations Act.
519     Section 8.  Section 409.1678, Florida Statutes, is created
520to read:
521     409.1678  Safe harbor for children who are victims of
522sexual exploitation.-
523     (1)  As used in this section, the term:
524     (a)  "Child advocate" means an employee of a short-term
525safe house who has been trained to work with and advocate for
526the needs of sexually exploited children. The advocate shall
527accompany the child to all court appearances, meetings with law
528enforcement, and the state attorney's office and shall serve as
529a liaison between the short-term safe house and the court.
530     (b)  "Safe house" means a living environment that has set
531aside gender-specific, separate, and distinct living quarters
532for sexually exploited children who have been adjudicated
533dependent or delinquent and need to reside in a secure
534residential facility with staff members awake 24 hours a day. A
535safe house shall be operated by a licensed family foster home or
536residential child-caring agency as defined in s. 409.175,
537including a runaway youth center as defined in s. 409.441. Each
538facility must be appropriately licensed in this state as a
539residential child-caring agency as defined in s. 409.175 and
540must be accredited by July 1, 2012. A safe house serving
541children who have been sexually exploited must have available
542staff or contract personnel with the clinical expertise,
543credentials, and training to provide services identified in
544paragraph (2)(b).
545     (c)  "Secure" means that a child is supervised 24 hours a
546day by staff members who are awake while on duty.
547     (d)  "Sexually exploited child" means a dependent child who
548has suffered sexual exploitation as defined in s. 39.01(67)(g)
549and is ineligible for relief and benefits under the federal
550Trafficking Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
551     (e)  "Short-term safe house" means a shelter operated by a
552licensed residential child-caring agency as defined in s.
553409.175, including a runaway youth center as defined in s.
554409.441, that has set aside gender-specific, separate, and
555distinct living quarters for sexually exploited children. In
556addition to shelter, the house shall provide services and care
557to sexually exploited children, including food, clothing,
558medical care, counseling, and appropriate crisis intervention
559services at the time they are taken into custody by law
560enforcement or the department.
561     (2)(a)  Notwithstanding any other provision of law,
562pursuant to regulations of the department, every circuit of the
563department shall address the child welfare service needs of
564sexually exploited children as a component of the circuit's
565master plan. This determination shall be made in consultation
566with local law enforcement, runaway and homeless youth program
567providers, local probation departments, local community-based
568care and social services, local guardians ad litem, public
569defenders, state attorney's offices, and child advocates and
570services providers who work directly with sexually exploited
571youth.
572     (b)  The lead agency, not-for-profit agency, or local
573government entity providing safe-house services is responsible
574for security, crisis intervention services, general counseling
575and victim-witness counseling, a comprehensive assessment,
576residential care, transportation, access to behavioral health
577services, recreational activities, food, clothing, supplies,
578infant care, and miscellaneous expenses associated with caring
579for these children; for necessary arrangement for or provision
580of educational services, including life skills services and
581planning services to successfully transition residents back to
582the community; and for ensuring necessary and appropriate health
583and dental care.
584     (c)  This section does not prohibit any provider of these
585services from appropriately billing Medicaid for services
586rendered, from contracting with a local school district for
587educational services, or from obtaining federal or local funding
588for services provided, as long as two or more funding sources do
589not pay for the same specific service that has been provided to
590a child.
591     (d)  The lead agency, not-for-profit agency, or local
592government entity providing safe-house services has the legal
593authority for children served in a safe-house program, as
594provided in chapter 39 or this chapter, as appropriate, to
595enroll the child in school, to sign for a driver's license for
596the child, to cosign loans and insurance for the child, to sign
597for medical treatment of the child, and to authorize other such
598activities.
599     (e)  All of the services created under this section may, to
600the extent possible provided by law, be available to all
601sexually exploited children whether they are accessed
602voluntarily, as a condition of probation, through a diversion
603program, through a proceeding under chapter 39, or through a
604referral from a local community-based care or social service
605agency.
606     (3)  The local circuit administrator may, to the extent
607that funds are available, in conjunction with local law
608enforcement officials, contract with an appropriate not-for-
609profit agency having experience working with sexually exploited
610children to train law enforcement officials who are likely to
611encounter sexually exploited children in the course of their law
612enforcement duties on the provisions of this section and how to
613identify and obtain appropriate services for sexually exploited
614children. Circuits may work cooperatively to provide such
615training, and such training may be provided on a regional basis.
616The department shall assist circuits in obtaining any available
617funds for the purposes of conducting law enforcement training
618from the Office of Juvenile Justice and Delinquency Prevention
619of the United States Department of Justice.
620     Section 9.  Paragraph (f) of subsection (2) of section
621796.07, Florida Statutes, is republished, and subsection (6) of
622that section is amended, to read:
623     796.07  Prohibiting prostitution and related acts, etc.;
624evidence; penalties; definitions.-
625     (2)  It is unlawful:
626     (f)  To solicit, induce, entice, or procure another to
627commit prostitution, lewdness, or assignation.
628     (6)  A person who violates paragraph (2)(f) shall be
629assessed a civil penalty of $5,000 $500 if the violation results
630in any judicial disposition other than acquittal or dismissal.
631Of the proceeds from each penalty penalties assessed under this
632subsection, $500 shall be paid to the circuit court
633administrator for the sole purpose of paying the administrative
634costs of treatment-based drug court programs provided under s.
635397.334 and $4,500 shall be paid to the Department of Children
636and Family Services for the sole purpose of funding safe houses
637and short-term safe houses as provided in s. 409.1678.
638     Section 10.  Section 960.065, Florida Statutes, is amended
639to read:
640     960.065  Eligibility for awards.-
641     (1)  Except as provided in subsection (2), the following
642persons shall be eligible for awards pursuant to this chapter:
643     (a)  A victim.
644     (b)  An intervenor.
645     (c)  A surviving spouse, parent or guardian, sibling, or
646child of a deceased victim or intervenor.
647     (d)  Any other person who is dependent for his or her
648principal support upon a deceased victim or intervenor.
649     (2)  Any claim filed by or on behalf of a person who:
650     (a)  Committed or aided in the commission of the crime upon
651which the claim for compensation was based;
652     (b)  Was engaged in an unlawful activity at the time of the
653crime upon which the claim for compensation is based;
654     (c)  Was in custody or confined, regardless of conviction,
655in a county or municipal detention facility, a state or federal
656correctional facility, or a juvenile detention or commitment
657facility at the time of the crime upon which the claim for
658compensation is based;
659     (d)  Has been adjudicated as a habitual felony offender,
660habitual violent offender, or violent career criminal under s.
661775.084; or
662     (e)  Has been adjudicated guilty of a forcible felony
663offense as described in s. 776.08,
664
665is ineligible shall not be eligible for an award.
666     (3)  Any claim filed by or on behalf of a person who was in
667custody or confined, regardless of adjudication, in a county or
668municipal facility, a state or federal correctional facility, or
669a juvenile detention, commitment, or assessment facility at the
670time of the crime upon which the claim is based, who has been
671adjudicated as a habitual felony offender under s. 775.084, or
672who has been adjudicated guilty of a forcible felony offense as
673described in s. 776.08, renders the person ineligible shall not
674be eligible for an award. Notwithstanding the foregoing, upon a
675finding by the Crime Victims' Services Office of the existence
676of mitigating or special circumstances that would render such a
677disqualification unjust, an award may be approved. A decision
678that mitigating or special circumstances do not exist in a case
679subject to this section does shall not constitute final agency
680action subject to review pursuant to ss. 120.569 and 120.57.
681     (4)  Payment may not be made under this chapter if the
682person who committed the crime upon which the claim is based
683will receive any direct or indirect financial benefit from such
684payment, unless such benefit is minimal or inconsequential.
685Payment may not be denied based on the victim's familial
686relationship to the offender or based upon the sharing of a
687residence by the victim and offender, except to prevent unjust
688enrichment of the offender.
689     (5)  A person is not ineligible for an award pursuant to
690paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
691person is a victim of sexual exploitation of a child as defined
692in s. 39.01(67)(g).
693     Section 11.  Paragraph (b) of subsection (2) of section
694985.115, Florida Statutes, is amended to read:
695     985.115  Release or delivery from custody.-
696     (2)  Unless otherwise ordered by the court under s. 985.255
697or s. 985.26, and unless there is a need to hold the child, a
698person taking a child into custody shall attempt to release the
699child as follows:
700     (b)  Contingent upon specific appropriation, to a shelter
701approved by the department or to an authorized agent or short-
702term safe house under s. 39.401(2)(b).
703     Section 12.  Paragraph (i) of subsection (1) of section
704985.145, Florida Statutes, is amended to read:
705     985.145  Responsibilities of juvenile probation officer
706during intake; screenings and assessments.-
707     (1)  The juvenile probation officer shall serve as the
708primary case manager for the purpose of managing, coordinating,
709and monitoring the services provided to the child. Each program
710administrator within the Department of Children and Family
711Services shall cooperate with the primary case manager in
712carrying out the duties and responsibilities described in this
713section. In addition to duties specified in other sections and
714through departmental rules, the assigned juvenile probation
715officer shall be responsible for the following:
716     (i)  Recommendation concerning a petition.-Upon determining
717that the report, affidavit, or complaint complies with the
718standards of a probable cause affidavit and that the interests
719of the child and the public will be best served, the juvenile
720probation officer may recommend that a delinquency petition not
721be filed. If such a recommendation is made, the juvenile
722probation officer shall advise in writing the person or agency
723making the report, affidavit, or complaint, the victim, if any,
724and the law enforcement agency having investigative jurisdiction
725over the offense of the recommendation; the reasons therefor;
726and that the person or agency may submit, within 10 days after
727the receipt of such notice, the report, affidavit, or complaint
728to the state attorney for special review. In the case of a
729report, affidavit, or complaint alleging a violation of s.
730796.07(2)(f), there is a presumption that the juvenile probation
731officer recommend that a petition not be filed unless the child
732has previously been adjudicated delinquent. The state attorney,
733upon receiving a request for special review, shall consider the
734facts presented by the report, affidavit, or complaint, and by
735the juvenile probation officer who made the recommendation that
736no petition be filed, before making a final decision as to
737whether a petition or information should or should not be filed.
738     Section 13.  Paragraph (c) of subsection (1) of section
739985.15, Florida Statutes, is amended to read:
740     985.15  Filing decisions.-
741     (1)  The state attorney may in all cases take action
742independent of the action or lack of action of the juvenile
743probation officer and shall determine the action that is in the
744best interest of the public and the child. If the child meets
745the criteria requiring prosecution as an adult under s. 985.556,
746the state attorney shall request the court to transfer and
747certify the child for prosecution as an adult or shall provide
748written reasons to the court for not making such a request. In
749all other cases, the state attorney may:
750     (c)  File a petition for delinquency. In the case of a
751report, affidavit, or complaint alleging a violation of s.
752796.07(2)(f), there is a presumption that a petition not be
753filed unless the child has previously been adjudicated
754delinquent;
755     Section 14.  This act shall take effect January 1, 2012.


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