Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 202
                                Barcode 855154                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/02/2012           .                                

       The Committee on Budget (Flores) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Florida Safe
    6  Harbor Act.”
    7         Section 2. Subsections (4) through (12) of section 39.001,
    8  Florida Statutes, are renumbered as subsections (5) through
    9  (13), respectively, paragraph (c) of present subsection (7) and
   10  paragraph (b) of present subsection (9) are amended, and a new
   11  subsection (4) is added to that section, to read:
   12         39.001 Purposes and intent; personnel standards and
   13  screening.—
   15         (a) The Legislature recognizes that child sexual
   16  exploitation is a serious problem nationwide and in this state.
   17  The children at greatest risk of being sexually exploited are
   18  runaways and throwaways. Many of these children have a history
   19  of abuse and neglect. The vulnerability of these children starts
   20  with isolation from family and friends. Traffickers maintain
   21  control of child victims through psychological manipulation,
   22  force, drug addiction, or the exploitation of economic,
   23  physical, or emotional vulnerability. Children exploited through
   24  the sex trade often find it difficult to trust adults because of
   25  their abusive experiences. These children make up a population
   26  that is difficult to serve and even more difficult to
   27  rehabilitate.
   28         (b) The Legislature establishes the following goals for the
   29  state related to the status and treatment of sexually exploited
   30  children in the dependency process:
   31         1. To ensure the safety of children.
   32         2. To provide for the treatment of such children as
   33  dependent children rather than as delinquents.
   34         3. To sever the bond between exploited children and
   35  traffickers and to reunite these children with their families or
   36  provide them with appropriate guardians.
   37         4. To enable such children to be willing and reliable
   38  witnesses in the prosecution of traffickers.
   39         (c) The Legislature finds that sexually exploited children
   40  need special care and services in the dependency process,
   41  including counseling, health care, substance abuse treatment,
   42  educational opportunities, and a safe environment secure from
   43  traffickers.
   44         (d) The Legislature further finds that sexually exploited
   45  children need the special care and services described in
   46  paragraph (c) independent of their citizenship, residency,
   47  alien, or immigrant status. It is the intent of the Legislature
   48  that this state provide such care and services to all sexually
   49  exploited children in this state who are not otherwise receiving
   50  comparable services, such as those under the federal Trafficking
   51  Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
   53         (c) The office is authorized and directed to:
   54         1. Oversee the preparation and implementation of the state
   55  plan established under subsection (9) (8) and revise and update
   56  the state plan as necessary.
   57         2. Provide for or make available continuing professional
   58  education and training in the prevention of child abuse and
   59  neglect.
   60         3. Work to secure funding in the form of appropriations,
   61  gifts, and grants from the state, the Federal Government, and
   62  other public and private sources in order to ensure that
   63  sufficient funds are available for the promotion of adoption,
   64  support of adoptive families, and child abuse prevention
   65  efforts.
   66         4. Make recommendations pertaining to agreements or
   67  contracts for the establishment and development of:
   68         a. Programs and services for the promotion of adoption,
   69  support of adoptive families, and prevention of child abuse and
   70  neglect.
   71         b. Training programs for the prevention of child abuse and
   72  neglect.
   73         c. Multidisciplinary and discipline-specific training
   74  programs for professionals with responsibilities affecting
   75  children, young adults, and families.
   76         d. Efforts to promote adoption.
   77         e. Postadoptive services to support adoptive families.
   78         5. Monitor, evaluate, and review the development and
   79  quality of local and statewide services and programs for the
   80  promotion of adoption, support of adoptive families, and
   81  prevention of child abuse and neglect and shall publish and
   82  distribute an annual report of its findings on or before January
   83  1 of each year to the Governor, the Speaker of the House of
   84  Representatives, the President of the Senate, the head of each
   85  state agency affected by the report, and the appropriate
   86  substantive committees of the Legislature. The report shall
   87  include:
   88         a. A summary of the activities of the office.
   89         b. A summary of the adoption data collected and reported to
   90  the federal Adoption and Foster Care Analysis and Reporting
   91  System (AFCARS) and the federal Administration for Children and
   92  Families.
   93         c. A summary of the child abuse prevention data collected
   94  and reported to the National Child Abuse and Neglect Data System
   95  (NCANDS) and the federal Administration for Children and
   96  Families.
   97         d. A summary detailing the timeliness of the adoption
   98  process for children adopted from within the child welfare
   99  system.
  100         e. Recommendations, by state agency, for the further
  101  development and improvement of services and programs for the
  102  promotion of adoption, support of adoptive families, and
  103  prevention of child abuse and neglect.
  104         f. Budget requests, adoption promotion and support needs,
  105  and child abuse prevention program needs by state agency.
  106         6. Work with the direct-support organization established
  107  under s. 39.0011 to receive financial assistance.
  108         (10)(9) FUNDING AND SUBSEQUENT PLANS.—
  109         (b) The office and the other agencies and organizations
  110  listed in paragraph (9)(a) (8)(a) shall readdress the state plan
  111  and make necessary revisions every 5 years, at a minimum. Such
  112  revisions shall be submitted to the Speaker of the House of
  113  Representatives and the President of the Senate no later than
  114  June 30 of each year divisible by 5. At least biennially, the
  115  office shall review the state plan and make any necessary
  116  revisions based on changing needs and program evaluation
  117  results. An annual progress report shall be submitted to update
  118  the state plan in the years between the 5-year intervals. In
  119  order to avoid duplication of effort, these required plans may
  120  be made a part of or merged with other plans required by either
  121  the state or Federal Government, so long as the portions of the
  122  other state or Federal Government plan that constitute the state
  123  plan for the promotion of adoption, support of adoptive
  124  families, and prevention of child abuse, abandonment, and
  125  neglect are clearly identified as such and are provided to the
  126  Speaker of the House of Representatives and the President of the
  127  Senate as required above.
  128         Section 3. Subsections (2), (15), and (67) of section
  129  39.01, Florida Statutes, are amended to read:
  130         39.01 Definitions.—When used in this chapter, unless the
  131  context otherwise requires:
  132         (2) “Abuse” means any willful act or threatened act that
  133  results in any physical, mental, or sexual abuse, injury, or
  134  harm that causes or is likely to cause the child’s physical,
  135  mental, or emotional health to be significantly impaired. Abuse
  136  of a child includes acts or omissions. Corporal discipline of a
  137  child by a parent or legal custodian for disciplinary purposes
  138  does not in itself constitute abuse when it does not result in
  139  harm to the child.
  140         (15) “Child who is found to be dependent” means a child
  141  who, pursuant to this chapter, is found by the court:
  142         (a) To have been abandoned, abused, or neglected by the
  143  child’s parent or parents or legal custodians;
  144         (b) To have been surrendered to the department, the former
  145  Department of Health and Rehabilitative Services, or a licensed
  146  child-placing agency for purpose of adoption;
  147         (c) To have been voluntarily placed with a licensed child
  148  caring agency, a licensed child-placing agency, an adult
  149  relative, the department, or the former Department of Health and
  150  Rehabilitative Services, after which placement, under the
  151  requirements of this chapter, a case plan has expired and the
  152  parent or parents or legal custodians have failed to
  153  substantially comply with the requirements of the plan;
  154         (d) To have been voluntarily placed with a licensed child
  155  placing agency for the purposes of subsequent adoption, and a
  156  parent or parents have signed a consent pursuant to the Florida
  157  Rules of Juvenile Procedure;
  158         (e) To have no parent or legal custodians capable of
  159  providing supervision and care; or
  160         (f) To be at substantial risk of imminent abuse,
  161  abandonment, or neglect by the parent or parents or legal
  162  custodians; or
  163         (g) To have been sexually exploited and to have no parent,
  164  legal custodian, or responsible adult relative currently known
  165  and capable of providing the necessary and appropriate
  166  supervision and care.
  167         (67) “Sexual abuse of a child” for purposes of finding a
  168  child to be dependent means one or more of the following acts:
  169         (a) Any penetration, however slight, of the vagina or anal
  170  opening of one person by the penis of another person, whether or
  171  not there is the emission of semen.
  172         (b) Any sexual contact between the genitals or anal opening
  173  of one person and the mouth or tongue of another person.
  174         (c) Any intrusion by one person into the genitals or anal
  175  opening of another person, including the use of any object for
  176  this purpose, except that this does not include any act intended
  177  for a valid medical purpose.
  178         (d) The intentional touching of the genitals or intimate
  179  parts, including the breasts, genital area, groin, inner thighs,
  180  and buttocks, or the clothing covering them, of either the child
  181  or the perpetrator, except that this does not include:
  182         1. Any act which may reasonably be construed to be a normal
  183  caregiver responsibility, any interaction with, or affection for
  184  a child; or
  185         2. Any act intended for a valid medical purpose.
  186         (e) The intentional masturbation of the perpetrator’s
  187  genitals in the presence of a child.
  188         (f) The intentional exposure of the perpetrator’s genitals
  189  in the presence of a child, or any other sexual act
  190  intentionally perpetrated in the presence of a child, if such
  191  exposure or sexual act is for the purpose of sexual arousal or
  192  gratification, aggression, degradation, or other similar
  193  purpose.
  194         (g) The sexual exploitation of a child, which includes the
  195  act of a child offering to engage in or engaging in
  196  prostitution, provided that the child is not under arrest or is
  197  not being prosecuted in a delinquency or criminal proceeding for
  198  a violation of any offense in chapter 796 based on such
  199  behavior; or allowing, encouraging, or forcing a child to:
  200         1. Solicit for or engage in prostitution; or
  201         2. Engage in a sexual performance, as defined by chapter
  202  827; or
  203         3. Participate in the trade of sex trafficking as provided
  204  in s. 796.035.
  205         Section 4. Paragraph (b) of subsection (2) and paragraph
  206  (b) of subsection (3) of section 39.401, Florida Statutes, are
  207  amended to read:
  208         39.401 Taking a child alleged to be dependent into custody;
  209  law enforcement officers and authorized agents of the
  210  department.—
  211         (2) If the law enforcement officer takes the child into
  212  custody, that officer shall:
  213         (b) Deliver the child to an authorized agent of the
  214  department, stating the facts by reason of which the child was
  215  taken into custody and sufficient information to establish
  216  probable cause that the child is abandoned, abused, or
  217  neglected, or otherwise dependent. For such a child for whom
  218  there is also probable cause to believe he or she has been
  219  sexually exploited, the law enforcement officer shall deliver
  220  the child to the department. The department may place the child
  221  in an appropriate short-term safe house as provided for in s.
  222  409.1678 if a short-term safe house is available.
  224  For cases involving allegations of abandonment, abuse, or
  225  neglect, or other dependency cases, within 3 days after such
  226  release or within 3 days after delivering the child to an
  227  authorized agent of the department, the law enforcement officer
  228  who took the child into custody shall make a full written report
  229  to the department.
  230         (3) If the child is taken into custody by, or is delivered
  231  to, an authorized agent of the department, the agent shall
  232  review the facts supporting the removal with an attorney
  233  representing the department. The purpose of the review is to
  234  determine whether there is probable cause for the filing of a
  235  shelter petition.
  236         (b) If the facts are sufficient and the child has not been
  237  returned to the custody of the parent or legal custodian, the
  238  department shall file the petition and schedule a hearing, and
  239  the attorney representing the department shall request that a
  240  shelter hearing be held within 24 hours after the removal of the
  241  child. While awaiting the shelter hearing, the authorized agent
  242  of the department may place the child in licensed shelter care,
  243  or in a short-term safe house if the child is a sexually
  244  exploited child, or may release the child to a parent or legal
  245  custodian or responsible adult relative or the adoptive parent
  246  of the child’s sibling who shall be given priority consideration
  247  over a licensed placement, or a responsible adult approved by
  248  the department if this is in the best interests of the child.
  249  Placement of a child which is not in a licensed shelter must be
  250  preceded by a criminal history records check as required under
  251  s. 39.0138. In addition, the department may authorize placement
  252  of a housekeeper/homemaker in the home of a child alleged to be
  253  dependent until the parent or legal custodian assumes care of
  254  the child.
  255         Section 5. Section 39.524, Florida Statutes, is created to
  256  read:
  257         39.524 Safe-harbor placement.—
  258         (1) Except as provided in s. 39.407 or s. 985.801, a
  259  dependent child 6 years of age or older who has been found to be
  260  a victim of sexual exploitation as defined in s. 39.01(67)(g)
  261  must be assessed for placement in a safe house as provided in s.
  262  409.1678. The assessment shall be conducted by the department or
  263  its agent and shall incorporate and address current and
  264  historical information from any law enforcement reports;
  265  psychological testing or evaluation that has occurred; current
  266  and historical information from the guardian ad litem, if one
  267  has been assigned; current and historical information from any
  268  current therapist, teacher, or other professional who has
  269  knowledge of the child and has worked with the child; and any
  270  other information concerning the availability and suitability of
  271  safe-house placement. If such placement is determined to be
  272  appropriate as a result of this assessment, the child may be
  273  placed in a safe house, if one is available. As used in this
  274  section, the term “available” as it relates to a placement means
  275  a placement that is located within the circuit or otherwise
  276  reasonably accessible.
  277         (2) The results of the assessment described in subsection
  278  (1) and the actions taken as a result of the assessment must be
  279  included in the next judicial review of the child. At each
  280  subsequent judicial review, the court must be advised in writing
  281  of the status of the child’s placement, with special reference
  282  regarding the stability of the placement and the permanency
  283  planning for the child.
  284         (3)(a) By December 1 of each year, the department shall
  285  report to the Legislature on the placement of children in safe
  286  houses during the year, including the criteria used to determine
  287  the placement of children, the number of children who were
  288  evaluated for placement, the number of children who were placed
  289  based upon the evaluation, and the number of children who were
  290  not placed.
  291         (b) The department shall maintain data specifying the
  292  number of children who were referred to a safe house for whom
  293  placement was unavailable and the counties in which such
  294  placement was unavailable. The department shall include this
  295  data in its report under this subsection so that the Legislature
  296  may consider this information in developing the General
  297  Appropriations Act.
  298         Section 6. Section 409.1678, Florida Statutes, is created
  299  to read:
  300         409.1678 Safe harbor for children who are victims of sexual
  301  exploitation.—
  302         (1) As used in this section, the term:
  303         (a) “Child advocate” means an employee of a short-term safe
  304  house who has been trained to work with and advocate for the
  305  needs of sexually exploited children. The advocate shall
  306  accompany the child to all court appearances, meetings with law
  307  enforcement officials, and the state attorney’s office and shall
  308  serve as a liaison between the short-term safe house and the
  309  court.
  310         (b) “Safe house” means a living environment that has set
  311  aside gender-specific, separate, and distinct living quarters
  312  for sexually exploited children who have been adjudicated
  313  dependent or delinquent and need to reside in a secure
  314  residential facility with staff members who are awake 24 hours a
  315  day. A safe house shall be operated by a licensed family foster
  316  home or residential child-caring agency as defined in s.
  317  409.175, including a runaway youth center as defined in s.
  318  409.441. Each facility must be appropriately licensed in this
  319  state as a residential child-caring agency as defined in s.
  320  409.175 and must have applied for accreditation within 1 year
  321  after being licensed. A safe house serving children who have
  322  been sexually exploited must have available staff or contract
  323  personnel who have the clinical expertise, credentials, and
  324  training to provide services identified in paragraph (2)(b).
  325         (c) “Secure” means that a facility providing services is
  326  supervised 24 hours a day by staff members who are awake while
  327  on duty.
  328         (d) “Sexually exploited child” means a dependent child who
  329  has suffered sexual exploitation as defined in s. 39.01(67)(g)
  330  and is ineligible for relief and benefits under the federal
  331  Trafficking Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
  332         (e) “Short-term safe house” means a shelter operated by a
  333  licensed residential child-caring agency as defined in s.
  334  409.175, including a runaway youth center as defined in s.
  335  409.441, that has set aside gender-specific, separate, and
  336  distinct living quarters for sexually exploited children. In
  337  addition to shelter, the house shall provide services and care
  338  to sexually exploited children, including food, clothing,
  339  medical care, counseling, and appropriate crisis-intervention
  340  services at the time they are taken into custody by law
  341  enforcement officials or department personnel.
  342         (2)(a) Notwithstanding any other law, pursuant to rules of
  343  the department, each circuit of the department shall address the
  344  child welfare service needs of sexually exploited children as a
  345  component of the circuit’s master plan. This determination shall
  346  be made in consultation with local law enforcement officials,
  347  runaway and homeless youth program providers, local probation
  348  departments, local community-based care and social services,
  349  local guardians ad litem, public defenders, state attorney’s
  350  offices, and child advocates and services providers who work
  351  directly with sexually exploited youth.
  352         (b) The lead agency, not-for-profit agency, or local
  353  governmental entity providing safe-house services is responsible
  354  for security, crisis-intervention services, general counseling
  355  and victim-witness counseling, a comprehensive assessment,
  356  residential care, transportation, access to behavioral health
  357  services, recreational activities, food, clothing, supplies,
  358  infant care, and miscellaneous expenses associated with caring
  359  for these children; for necessary arrangement for or provision
  360  of educational services, including life skills services and
  361  planning services for the successful transition of residents
  362  back to the community; and for ensuring necessary and
  363  appropriate health care and dental care.
  364         (c) This section does not prohibit any provider of these
  365  services from appropriately billing Medicaid for services
  366  rendered, from contracting with a local school district for
  367  educational services, or from obtaining federal or local funding
  368  for services provided, as long as two or more funding sources do
  369  not pay for the same specific service that has been provided to
  370  a child.
  371         (d) The lead agency, not-for-profit agency, or local
  372  governmental entity providing safe-house services has the legal
  373  authority for children served in a safe-house program, as
  374  provided in chapter 39 or this chapter, as appropriate, to
  375  enroll the child in school, to sign for a driver license for the
  376  child, to cosign loans and insurance for the child, to sign for
  377  medical treatment of the child, and to authorize other such
  378  activities.
  379         (e) All of the services specified in this section may, to
  380  the extent possible provided by law and with funding authorized,
  381  be available to all sexually exploited children whether they are
  382  accessed voluntarily, as a condition of probation, through a
  383  diversion program, through a proceeding under chapter 39, or
  384  through a referral from a local community-based care or social
  385  service agency.
  386         (3) The local circuit administrator may, to the extent that
  387  funds are available, in conjunction with local law enforcement
  388  officials, contract with an appropriate not-for-profit agency
  389  having experience working with sexually exploited children to
  390  train law enforcement officials who are likely to encounter
  391  sexually exploited children in the course of their law
  392  enforcement duties on the provisions of this section and how to
  393  identify and obtain appropriate services for sexually exploited
  394  children. Circuits may work cooperatively to provide such
  395  training, and such training may be provided on a regional basis.
  396  The department shall assist circuits in obtaining any available
  397  funds for the purposes of conducting law enforcement training
  398  from the Office of Juvenile Justice and Delinquency Prevention
  399  of the United States Department of Justice.
  400         (4) The department may adopt rules necessary to administer
  401  this section.
  402         Section 7. Section 796.07, Florida Statutes, is amended to
  403  read:
  404         796.07 Prohibiting prostitution and related acts, etc.;
  405  evidence; penalties; definitions.—
  406         (1) As used in this section:
  407         (a) “Prostitution” means the giving or receiving of the
  408  body for sexual activity for hire but excludes sexual activity
  409  between spouses.
  410         (b) “Lewdness” means any indecent or obscene act.
  411         (c) “Assignation” means the making of any appointment or
  412  engagement for prostitution or lewdness, or any act in
  413  furtherance of such appointment or engagement.
  414         (d) “Sexual activity” means oral, anal, or vaginal
  415  penetration by, or union with, the sexual organ of another; anal
  416  or vaginal penetration of another by any other object; or the
  417  handling or fondling of the sexual organ of another for the
  418  purpose of masturbation; however, the term does not include acts
  419  done for bona fide medical purposes.
  420         (2) It is unlawful:
  421         (a) To own, establish, maintain, or operate any place,
  422  structure, building, or conveyance for the purpose of lewdness,
  423  assignation, or prostitution.
  424         (b) To offer, or to offer or agree to secure, another for
  425  the purpose of prostitution or for any other lewd or indecent
  426  act.
  427         (c) To receive, or to offer or agree to receive, any person
  428  into any place, structure, building, or conveyance for the
  429  purpose of prostitution, lewdness, or assignation, or to permit
  430  any person to remain there for such purpose.
  431         (d) To direct, take, or transport, or to offer or agree to
  432  direct, take, or transport, any person to any place, structure,
  433  or building, or to any other person, with knowledge or
  434  reasonable cause to believe that the purpose of such directing,
  435  taking, or transporting is prostitution, lewdness, or
  436  assignation.
  437         (e) To offer to commit, or to commit, or to engage in,
  438  prostitution, lewdness, or assignation.
  439         (f) To solicit, induce, entice, or procure another to
  440  commit prostitution, lewdness, or assignation.
  441         (g) To reside in, enter, or remain in, any place,
  442  structure, or building, or to enter or remain in any conveyance,
  443  for the purpose of prostitution, lewdness, or assignation.
  444         (h) To aid, abet, or participate in any of the acts or
  445  things enumerated in this subsection.
  446         (i) To purchase the services of any person engaged in
  447  prostitution.
  448         (3)(a) In the trial of a person charged with a violation of
  449  this section, testimony concerning the reputation of any place,
  450  structure, building, or conveyance involved in the charge,
  451  testimony concerning the reputation of any person residing in,
  452  operating, or frequenting such place, structure, building, or
  453  conveyance, and testimony concerning the reputation of the
  454  defendant is admissible in evidence in support of the charge.
  455         (b) Notwithstanding any other provision of law, a police
  456  officer may testify as an offended party in an action regarding
  457  charges filed pursuant to this section.
  458         (4) A person who violates any provision of this section
  459  commits:
  460         (a) A misdemeanor of the second degree for a first
  461  violation, punishable as provided in s. 775.082 or s. 775.083.
  462         (b) A misdemeanor of the first degree for a second
  463  violation, punishable as provided in s. 775.082 or s. 775.083.
  464         (c) A felony of the third degree for a third or subsequent
  465  violation, punishable as provided in s. 775.082, s. 775.083, or
  466  s. 775.084.
  467         (5) A person who is charged with a third or subsequent
  468  violation of this section shall be offered admission to a
  469  pretrial intervention program or a substance-abuse treatment
  470  program as provided in s. 948.08.
  471         (6) A person who violates paragraph (2)(f) shall be
  472  assessed a civil penalty of $5,000 $500 if the violation results
  473  in any judicial disposition other than acquittal or dismissal.
  474  Of the proceeds from each penalty penalties assessed under this
  475  subsection, the first $500 shall be paid to the circuit court
  476  administrator for the sole purpose of paying the administrative
  477  costs of treatment-based drug court programs provided under s.
  478  397.334. The remainder of the penalty assessed shall be
  479  deposited in the Operations and Maintenance Trust Fund of the
  480  Department of Children and Family Services for the sole purpose
  481  of funding safe houses and short-term safe houses as provided in
  482  s. 409.1678.
  483         Section 8. Section 960.065, Florida Statutes, is amended to
  484  read:
  485         960.065 Eligibility for awards.—
  486         (1) Except as provided in subsection (2), the following
  487  persons shall be eligible for awards pursuant to this chapter:
  488         (a) A victim.
  489         (b) An intervenor.
  490         (c) A surviving spouse, parent or guardian, sibling, or
  491  child of a deceased victim or intervenor.
  492         (d) Any other person who is dependent for his or her
  493  principal support upon a deceased victim or intervenor.
  494         (2) Any claim filed by or on behalf of a person who:
  495         (a) Committed or aided in the commission of the crime upon
  496  which the claim for compensation was based;
  497         (b) Was engaged in an unlawful activity at the time of the
  498  crime upon which the claim for compensation is based;
  499         (c) Was in custody or confined, regardless of conviction,
  500  in a county or municipal detention facility, a state or federal
  501  correctional facility, or a juvenile detention or commitment
  502  facility at the time of the crime upon which the claim for
  503  compensation is based;
  504         (d) Has been adjudicated as a habitual felony offender,
  505  habitual violent offender, or violent career criminal under s.
  506  775.084; or
  507         (e) Has been adjudicated guilty of a forcible felony
  508  offense as described in s. 776.08,
  510  is ineligible shall not be eligible for an award.
  511         (3) Any claim filed by or on behalf of a person who was in
  512  custody or confined, regardless of adjudication, in a county or
  513  municipal facility, a state or federal correctional facility, or
  514  a juvenile detention, commitment, or assessment facility at the
  515  time of the crime upon which the claim is based, who has been
  516  adjudicated as a habitual felony offender under s. 775.084, or
  517  who has been adjudicated guilty of a forcible felony offense as
  518  described in s. 776.08 renders the person ineligible, shall not
  519  be eligible for an award. Notwithstanding the foregoing, upon a
  520  finding by the Crime Victims’ Services Office of the existence
  521  of mitigating or special circumstances that would render such a
  522  disqualification unjust, an award may be approved. A decision
  523  that mitigating or special circumstances do not exist in a case
  524  subject to this section does shall not constitute final agency
  525  action subject to review pursuant to ss. 120.569 and 120.57.
  526         (4) Payment may not be made under this chapter if the
  527  person who committed the crime upon which the claim is based
  528  will receive any direct or indirect financial benefit from such
  529  payment, unless such benefit is minimal or inconsequential.
  530  Payment may not be denied based on the victim’s familial
  531  relationship to the offender or based upon the sharing of a
  532  residence by the victim and offender, except to prevent unjust
  533  enrichment of the offender.
  534         (5) A person is not ineligible for an award pursuant to
  535  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
  536  person is a victim of sexual exploitation of a child as defined
  537  in s. 39.01(67)(g).
  538         Section 9. Paragraph (b) of subsection (2) of section
  539  985.115, Florida Statutes, is amended to read:
  540         985.115 Release or delivery from custody.—
  541         (2) Unless otherwise ordered by the court under s. 985.255
  542  or s. 985.26, and unless there is a need to hold the child, a
  543  person taking a child into custody shall attempt to release the
  544  child as follows:
  545         (b) Contingent upon specific appropriation, to a shelter
  546  approved by the department or to an authorized agent or short
  547  term safe house under s. 39.401(2)(b).
  548         Section 10. This act shall take effect January 1, 2013.
  550  ================= T I T L E  A M E N D M E N T ================
  551  And the title is amended as follows:
  553         Delete everything before the enacting clause
  554  and insert:
  556                        A bill to be entitled                      
  557         An act relating to sexual exploitation; providing a
  558         short title; amending s. 39.001, F.S.; providing
  559         legislative intent and goals; conforming cross
  560         references; amending s. 39.01, F.S.; revising the
  561         definitions of the terms “abuse,” “child who is found
  562         to be dependent,” and “sexual abuse of a child”;
  563         amending s. 39.401, F.S.; authorizing delivery of
  564         children alleged to be dependent and sexually
  565         exploited to short-term safe houses; creating s.
  566         39.524, F.S.; requiring assessment of certain children
  567         for placement in a safe house; providing for use of
  568         such assessments; requiring an annual report
  569         concerning safe-house placements; creating s.
  570         409.1678, F.S.; providing definitions; requiring
  571         circuits of the Department of Children and Family
  572         Services to address child welfare service needs of
  573         sexually exploited children as a component of their
  574         master plans; providing duties, responsibilities, and
  575         requirements for safe houses and their operators;
  576         providing for training for law enforcement officials
  577         who are likely to encounter sexually exploited
  578         children; authorizing rulemaking; amending s. 796.07,
  579         F.S.; providing for an increased civil penalty for
  580         soliciting another to commit prostitution or related
  581         acts; providing for the disposition of proceeds;
  582         amending s. 960.065, F.S.; allowing victim
  583         compensation for sexually exploited children; amending
  584         s. 985.115, F.S.; conforming provisions; providing an
  585         effective date.