Florida Senate - 2012                CS for CS for CS for SB 202
       By the Committees on Budget; Budget Subcommittee on Criminal and
       Civil Justice Appropriations; and Children, Families, and Elder
       Affairs; and Senator Flores
       576-04457-12                                           2012202c3
    1                        A bill to be entitled                      
    2         An act relating to sexual exploitation; providing a
    3         short title; amending s. 39.001, F.S.; providing
    4         legislative intent and goals; conforming cross
    5         references; amending s. 39.01, F.S.; revising the
    6         definitions of the terms “abuse,” “child who is found
    7         to be dependent,” and “sexual abuse of a child”;
    8         amending s. 39.401, F.S.; authorizing delivery of
    9         children alleged to be dependent and sexually
   10         exploited to short-term safe houses; creating s.
   11         39.524, F.S.; requiring assessment of certain children
   12         for placement in a safe house; providing for the use
   13         of such assessments; requiring an annual report
   14         concerning safe-house placements; creating s.
   15         409.1678, F.S.; providing definitions; requiring
   16         circuits of the Department of Children and Family
   17         Services to address child welfare service needs of
   18         sexually exploited children as a component of their
   19         master plans; providing duties, responsibilities, and
   20         requirements for safe houses and their operators;
   21         providing for training for law enforcement officials
   22         who are likely to encounter sexually exploited
   23         children; authorizing rulemaking; amending s. 796.07,
   24         F.S.; providing for an increased civil penalty for
   25         soliciting another to commit prostitution or related
   26         acts; providing for the disposition of proceeds;
   27         amending s. 960.065, F.S.; allowing victim
   28         compensation for sexually exploited children; amending
   29         s. 985.115, F.S.; conforming provisions; providing an
   30         effective date.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. This act may be cited as the “Florida Safe
   35  Harbor Act.”
   36         Section 2. Subsections (4) through (12) of section 39.001,
   37  Florida Statutes, are renumbered as subsections (5) through
   38  (13), respectively, paragraph (c) of present subsection (7) and
   39  paragraph (b) of present subsection (9) are amended, and a new
   40  subsection (4) is added to that section, to read:
   41         39.001 Purposes and intent; personnel standards and
   42  screening.—
   44         (a) The Legislature recognizes that child sexual
   45  exploitation is a serious problem nationwide and in this state.
   46  The children at greatest risk of being sexually exploited are
   47  runaways and throwaways. Many of these children have a history
   48  of abuse and neglect. The vulnerability of these children starts
   49  with isolation from family and friends. Traffickers maintain
   50  control of child victims through psychological manipulation,
   51  force, drug addiction, or the exploitation of economic,
   52  physical, or emotional vulnerability. Children exploited through
   53  the sex trade often find it difficult to trust adults because of
   54  their abusive experiences. These children make up a population
   55  that is difficult to serve and even more difficult to
   56  rehabilitate.
   57         (b) The Legislature establishes the following goals for the
   58  state related to the status and treatment of sexually exploited
   59  children in the dependency process:
   60         1. To ensure the safety of children.
   61         2. To provide for the treatment of such children as
   62  dependent children rather than as delinquents.
   63         3. To sever the bond between exploited children and
   64  traffickers and to reunite these children with their families or
   65  provide them with appropriate guardians.
   66         4. To enable such children to be willing and reliable
   67  witnesses in the prosecution of traffickers.
   68         (c) The Legislature finds that sexually exploited children
   69  need special care and services in the dependency process,
   70  including counseling, health care, substance abuse treatment,
   71  educational opportunities, and a safe environment secure from
   72  traffickers.
   73         (d) The Legislature further finds that sexually exploited
   74  children need the special care and services described in
   75  paragraph (c) independent of their citizenship, residency,
   76  alien, or immigrant status. It is the intent of the Legislature
   77  that this state provide such care and services to all sexually
   78  exploited children in this state who are not otherwise receiving
   79  comparable services, such as those under the federal Trafficking
   80  Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
   82         (c) The office is authorized and directed to:
   83         1. Oversee the preparation and implementation of the state
   84  plan established under subsection (9) (8) and revise and update
   85  the state plan as necessary.
   86         2. Provide for or make available continuing professional
   87  education and training in the prevention of child abuse and
   88  neglect.
   89         3. Work to secure funding in the form of appropriations,
   90  gifts, and grants from the state, the Federal Government, and
   91  other public and private sources in order to ensure that
   92  sufficient funds are available for the promotion of adoption,
   93  support of adoptive families, and child abuse prevention
   94  efforts.
   95         4. Make recommendations pertaining to agreements or
   96  contracts for the establishment and development of:
   97         a. Programs and services for the promotion of adoption,
   98  support of adoptive families, and prevention of child abuse and
   99  neglect.
  100         b. Training programs for the prevention of child abuse and
  101  neglect.
  102         c. Multidisciplinary and discipline-specific training
  103  programs for professionals with responsibilities affecting
  104  children, young adults, and families.
  105         d. Efforts to promote adoption.
  106         e. Postadoptive services to support adoptive families.
  107         5. Monitor, evaluate, and review the development and
  108  quality of local and statewide services and programs for the
  109  promotion of adoption, support of adoptive families, and
  110  prevention of child abuse and neglect and shall publish and
  111  distribute an annual report of its findings on or before January
  112  1 of each year to the Governor, the Speaker of the House of
  113  Representatives, the President of the Senate, the head of each
  114  state agency affected by the report, and the appropriate
  115  substantive committees of the Legislature. The report shall
  116  include:
  117         a. A summary of the activities of the office.
  118         b. A summary of the adoption data collected and reported to
  119  the federal Adoption and Foster Care Analysis and Reporting
  120  System (AFCARS) and the federal Administration for Children and
  121  Families.
  122         c. A summary of the child abuse prevention data collected
  123  and reported to the National Child Abuse and Neglect Data System
  124  (NCANDS) and the federal Administration for Children and
  125  Families.
  126         d. A summary detailing the timeliness of the adoption
  127  process for children adopted from within the child welfare
  128  system.
  129         e. Recommendations, by state agency, for the further
  130  development and improvement of services and programs for the
  131  promotion of adoption, support of adoptive families, and
  132  prevention of child abuse and neglect.
  133         f. Budget requests, adoption promotion and support needs,
  134  and child abuse prevention program needs by state agency.
  135         6. Work with the direct-support organization established
  136  under s. 39.0011 to receive financial assistance.
  137         (10)(9) FUNDING AND SUBSEQUENT PLANS.—
  138         (b) The office and the other agencies and organizations
  139  listed in paragraph (9)(a) (8)(a) shall readdress the state plan
  140  and make necessary revisions every 5 years, at a minimum. Such
  141  revisions shall be submitted to the Speaker of the House of
  142  Representatives and the President of the Senate no later than
  143  June 30 of each year divisible by 5. At least biennially, the
  144  office shall review the state plan and make any necessary
  145  revisions based on changing needs and program evaluation
  146  results. An annual progress report shall be submitted to update
  147  the state plan in the years between the 5-year intervals. In
  148  order to avoid duplication of effort, these required plans may
  149  be made a part of or merged with other plans required by either
  150  the state or Federal Government, so long as the portions of the
  151  other state or Federal Government plan that constitute the state
  152  plan for the promotion of adoption, support of adoptive
  153  families, and prevention of child abuse, abandonment, and
  154  neglect are clearly identified as such and are provided to the
  155  Speaker of the House of Representatives and the President of the
  156  Senate as required above.
  157         Section 3. Subsections (2), (15), and (67) of section
  158  39.01, Florida Statutes, are amended to read:
  159         39.01 Definitions.—When used in this chapter, unless the
  160  context otherwise requires:
  161         (2) “Abuse” means any willful act or threatened act that
  162  results in any physical, mental, or sexual abuse, injury, or
  163  harm that causes or is likely to cause the child’s physical,
  164  mental, or emotional health to be significantly impaired. Abuse
  165  of a child includes acts or omissions. Corporal discipline of a
  166  child by a parent or legal custodian for disciplinary purposes
  167  does not in itself constitute abuse when it does not result in
  168  harm to the child.
  169         (15) “Child who is found to be dependent” means a child
  170  who, pursuant to this chapter, is found by the court:
  171         (a) To have been abandoned, abused, or neglected by the
  172  child’s parent or parents or legal custodians;
  173         (b) To have been surrendered to the department, the former
  174  Department of Health and Rehabilitative Services, or a licensed
  175  child-placing agency for purpose of adoption;
  176         (c) To have been voluntarily placed with a licensed child
  177  caring agency, a licensed child-placing agency, an adult
  178  relative, the department, or the former Department of Health and
  179  Rehabilitative Services, after which placement, under the
  180  requirements of this chapter, a case plan has expired and the
  181  parent or parents or legal custodians have failed to
  182  substantially comply with the requirements of the plan;
  183         (d) To have been voluntarily placed with a licensed child
  184  placing agency for the purposes of subsequent adoption, and a
  185  parent or parents have signed a consent pursuant to the Florida
  186  Rules of Juvenile Procedure;
  187         (e) To have no parent or legal custodians capable of
  188  providing supervision and care; or
  189         (f) To be at substantial risk of imminent abuse,
  190  abandonment, or neglect by the parent or parents or legal
  191  custodians; or
  192         (g) To have been sexually exploited and to have no parent,
  193  legal custodian, or responsible adult relative currently known
  194  and capable of providing the necessary and appropriate
  195  supervision and care.
  196         (67) “Sexual abuse of a child” for purposes of finding a
  197  child to be dependent means one or more of the following acts:
  198         (a) Any penetration, however slight, of the vagina or anal
  199  opening of one person by the penis of another person, whether or
  200  not there is the emission of semen.
  201         (b) Any sexual contact between the genitals or anal opening
  202  of one person and the mouth or tongue of another person.
  203         (c) Any intrusion by one person into the genitals or anal
  204  opening of another person, including the use of any object for
  205  this purpose, except that this does not include any act intended
  206  for a valid medical purpose.
  207         (d) The intentional touching of the genitals or intimate
  208  parts, including the breasts, genital area, groin, inner thighs,
  209  and buttocks, or the clothing covering them, of either the child
  210  or the perpetrator, except that this does not include:
  211         1. Any act which may reasonably be construed to be a normal
  212  caregiver responsibility, any interaction with, or affection for
  213  a child; or
  214         2. Any act intended for a valid medical purpose.
  215         (e) The intentional masturbation of the perpetrator’s
  216  genitals in the presence of a child.
  217         (f) The intentional exposure of the perpetrator’s genitals
  218  in the presence of a child, or any other sexual act
  219  intentionally perpetrated in the presence of a child, if such
  220  exposure or sexual act is for the purpose of sexual arousal or
  221  gratification, aggression, degradation, or other similar
  222  purpose.
  223         (g) The sexual exploitation of a child, which includes the
  224  act of a child offering to engage in or engaging in
  225  prostitution, provided that the child is not under arrest or is
  226  not being prosecuted in a delinquency or criminal proceeding for
  227  a violation of any offense in chapter 796 based on such
  228  behavior; or allowing, encouraging, or forcing a child to:
  229         1. Solicit for or engage in prostitution; or
  230         2. Engage in a sexual performance, as defined by chapter
  231  827; or
  232         3. Participate in the trade of sex trafficking as provided
  233  in s. 796.035.
  234         Section 4. Paragraph (b) of subsection (2) and paragraph
  235  (b) of subsection (3) of section 39.401, Florida Statutes, are
  236  amended to read:
  237         39.401 Taking a child alleged to be dependent into custody;
  238  law enforcement officers and authorized agents of the
  239  department.—
  240         (2) If the law enforcement officer takes the child into
  241  custody, that officer shall:
  242         (b) Deliver the child to an authorized agent of the
  243  department, stating the facts by reason of which the child was
  244  taken into custody and sufficient information to establish
  245  probable cause that the child is abandoned, abused, or
  246  neglected, or otherwise dependent. For such a child for whom
  247  there is also probable cause to believe he or she has been
  248  sexually exploited, the law enforcement officer shall deliver
  249  the child to the department. The department may place the child
  250  in an appropriate short-term safe house as provided for in s.
  251  409.1678 if a short-term safe house is available.
  253  For cases involving allegations of abandonment, abuse, or
  254  neglect, or other dependency cases, within 3 days after such
  255  release or within 3 days after delivering the child to an
  256  authorized agent of the department, the law enforcement officer
  257  who took the child into custody shall make a full written report
  258  to the department.
  259         (3) If the child is taken into custody by, or is delivered
  260  to, an authorized agent of the department, the agent shall
  261  review the facts supporting the removal with an attorney
  262  representing the department. The purpose of the review is to
  263  determine whether there is probable cause for the filing of a
  264  shelter petition.
  265         (b) If the facts are sufficient and the child has not been
  266  returned to the custody of the parent or legal custodian, the
  267  department shall file the petition and schedule a hearing, and
  268  the attorney representing the department shall request that a
  269  shelter hearing be held within 24 hours after the removal of the
  270  child. While awaiting the shelter hearing, the authorized agent
  271  of the department may place the child in licensed shelter care,
  272  or in a short-term safe house if the child is a sexually
  273  exploited child, or may release the child to a parent or legal
  274  custodian or responsible adult relative or the adoptive parent
  275  of the child’s sibling who shall be given priority consideration
  276  over a licensed placement, or a responsible adult approved by
  277  the department if this is in the best interests of the child.
  278  Placement of a child which is not in a licensed shelter must be
  279  preceded by a criminal history records check as required under
  280  s. 39.0138. In addition, the department may authorize placement
  281  of a housekeeper/homemaker in the home of a child alleged to be
  282  dependent until the parent or legal custodian assumes care of
  283  the child.
  284         Section 5. Section 39.524, Florida Statutes, is created to
  285  read:
  286         39.524 Safe-harbor placement.—
  287         (1) Except as provided in s. 39.407 or s. 985.801, a
  288  dependent child 6 years of age or older who has been found to be
  289  a victim of sexual exploitation as defined in s. 39.01(67)(g)
  290  must be assessed for placement in a safe house as provided in s.
  291  409.1678. The assessment shall be conducted by the department or
  292  its agent and shall incorporate and address current and
  293  historical information from any law enforcement reports;
  294  psychological testing or evaluation that has occurred; current
  295  and historical information from the guardian ad litem, if one
  296  has been assigned; current and historical information from any
  297  current therapist, teacher, or other professional who has
  298  knowledge of the child and has worked with the child; and any
  299  other information concerning the availability and suitability of
  300  safe-house placement. If such placement is determined to be
  301  appropriate as a result of this assessment, the child may be
  302  placed in a safe house, if one is available. As used in this
  303  section, the term “available” as it relates to a placement means
  304  a placement that is located within the circuit or otherwise
  305  reasonably accessible.
  306         (2) The results of the assessment described in subsection
  307  (1) and the actions taken as a result of the assessment must be
  308  included in the next judicial review of the child. At each
  309  subsequent judicial review, the court must be advised in writing
  310  of the status of the child’s placement, with special reference
  311  regarding the stability of the placement and the permanency
  312  planning for the child.
  313         (3)(a) By December 1 of each year, the department shall
  314  report to the Legislature on the placement of children in safe
  315  houses during the year, including the criteria used to determine
  316  the placement of children, the number of children who were
  317  evaluated for placement, the number of children who were placed
  318  based upon the evaluation, and the number of children who were
  319  not placed.
  320         (b) The department shall maintain data specifying the
  321  number of children who were referred to a safe house for whom
  322  placement was unavailable and the counties in which such
  323  placement was unavailable. The department shall include this
  324  data in its report under this subsection so that the Legislature
  325  may consider this information in developing the General
  326  Appropriations Act.
  327         Section 6. Section 409.1678, Florida Statutes, is created
  328  to read:
  329         409.1678 Safe harbor for children who are victims of sexual
  330  exploitation.—
  331         (1) As used in this section, the term:
  332         (a) “Child advocate” means an employee of a short-term safe
  333  house who has been trained to work with and advocate for the
  334  needs of sexually exploited children. The advocate shall
  335  accompany the child to all court appearances, meetings with law
  336  enforcement officials, and the state attorney’s office and shall
  337  serve as a liaison between the short-term safe house and the
  338  court.
  339         (b) “Safe house” means a living environment that has set
  340  aside gender-specific, separate, and distinct living quarters
  341  for sexually exploited children who have been adjudicated
  342  dependent or delinquent and need to reside in a secure
  343  residential facility with staff members who are awake 24 hours a
  344  day. A safe house shall be operated by a licensed family foster
  345  home or residential child-caring agency as defined in s.
  346  409.175, including a runaway youth center as defined in s.
  347  409.441. Each facility must be appropriately licensed in this
  348  state as a residential child-caring agency as defined in s.
  349  409.175 and must have applied for accreditation within 1 year
  350  after being licensed. A safe house serving children who have
  351  been sexually exploited must have available staff or contract
  352  personnel who have the clinical expertise, credentials, and
  353  training to provide services identified in paragraph (2)(b).
  354         (c) “Secure” means that a facility providing services is
  355  supervised 24 hours a day by staff members who are awake while
  356  on duty.
  357         (d) “Sexually exploited child” means a dependent child who
  358  has suffered sexual exploitation as defined in s. 39.01(67)(g)
  359  and is ineligible for relief and benefits under the federal
  360  Trafficking Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
  361         (e) “Short-term safe house” means a shelter operated by a
  362  licensed residential child-caring agency as defined in s.
  363  409.175, including a runaway youth center as defined in s.
  364  409.441, that has set aside gender-specific, separate, and
  365  distinct living quarters for sexually exploited children. In
  366  addition to shelter, the house shall provide services and care
  367  to sexually exploited children, including food, clothing,
  368  medical care, counseling, and appropriate crisis-intervention
  369  services at the time they are taken into custody by law
  370  enforcement officials or department personnel.
  371         (2)(a) Notwithstanding any other law, pursuant to rules of
  372  the department, each circuit of the department shall address the
  373  child welfare service needs of sexually exploited children as a
  374  component of the circuit’s master plan. This determination shall
  375  be made in consultation with local law enforcement officials,
  376  runaway and homeless youth program providers, local probation
  377  departments, local community-based care and social services,
  378  local guardians ad litem, public defenders, state attorney’s
  379  offices, and child advocates and services providers who work
  380  directly with sexually exploited youth.
  381         (b) The lead agency, not-for-profit agency, or local
  382  governmental entity providing safe-house services is responsible
  383  for security, crisis-intervention services, general counseling
  384  and victim-witness counseling, a comprehensive assessment,
  385  residential care, transportation, access to behavioral health
  386  services, recreational activities, food, clothing, supplies,
  387  infant care, and miscellaneous expenses associated with caring
  388  for these children; for necessary arrangement for or provision
  389  of educational services, including life skills services and
  390  planning services for the successful transition of residents
  391  back to the community; and for ensuring necessary and
  392  appropriate health care and dental care.
  393         (c) This section does not prohibit any provider of these
  394  services from appropriately billing Medicaid for services
  395  rendered, from contracting with a local school district for
  396  educational services, or from obtaining federal or local funding
  397  for services provided, as long as two or more funding sources do
  398  not pay for the same specific service that has been provided to
  399  a child.
  400         (d) The lead agency, not-for-profit agency, or local
  401  governmental entity providing safe-house services has the legal
  402  authority for children served in a safe-house program, as
  403  provided in chapter 39 or this chapter, as appropriate, to
  404  enroll the child in school, to sign for a driver license for the
  405  child, to cosign loans and insurance for the child, to sign for
  406  medical treatment of the child, and to authorize other such
  407  activities.
  408         (e) All of the services specified in this section may, to
  409  the extent possible provided by law and with funding authorized,
  410  be available to all sexually exploited children whether they are
  411  accessed voluntarily, as a condition of probation, through a
  412  diversion program, through a proceeding under chapter 39, or
  413  through a referral from a local community-based care or social
  414  service agency.
  415         (3) The local circuit administrator may, to the extent that
  416  funds are available, in conjunction with local law enforcement
  417  officials, contract with an appropriate not-for-profit agency
  418  having experience working with sexually exploited children to
  419  train law enforcement officials who are likely to encounter
  420  sexually exploited children in the course of their law
  421  enforcement duties on the provisions of this section and how to
  422  identify and obtain appropriate services for sexually exploited
  423  children. Circuits may work cooperatively to provide such
  424  training, and such training may be provided on a regional basis.
  425  The department shall assist circuits in obtaining any available
  426  funds for the purposes of conducting law enforcement training
  427  from the Office of Juvenile Justice and Delinquency Prevention
  428  of the United States Department of Justice.
  429         (4) The department may adopt rules necessary to administer
  430  this section.
  431         Section 7. Section 796.07, Florida Statutes, is amended to
  432  read:
  433         796.07 Prohibiting prostitution and related acts, etc.;
  434  evidence; penalties; definitions.—
  435         (1) As used in this section:
  436         (a) “Prostitution” means the giving or receiving of the
  437  body for sexual activity for hire but excludes sexual activity
  438  between spouses.
  439         (b) “Lewdness” means any indecent or obscene act.
  440         (c) “Assignation” means the making of any appointment or
  441  engagement for prostitution or lewdness, or any act in
  442  furtherance of such appointment or engagement.
  443         (d) “Sexual activity” means oral, anal, or vaginal
  444  penetration by, or union with, the sexual organ of another; anal
  445  or vaginal penetration of another by any other object; or the
  446  handling or fondling of the sexual organ of another for the
  447  purpose of masturbation; however, the term does not include acts
  448  done for bona fide medical purposes.
  449         (2) It is unlawful:
  450         (a) To own, establish, maintain, or operate any place,
  451  structure, building, or conveyance for the purpose of lewdness,
  452  assignation, or prostitution.
  453         (b) To offer, or to offer or agree to secure, another for
  454  the purpose of prostitution or for any other lewd or indecent
  455  act.
  456         (c) To receive, or to offer or agree to receive, any person
  457  into any place, structure, building, or conveyance for the
  458  purpose of prostitution, lewdness, or assignation, or to permit
  459  any person to remain there for such purpose.
  460         (d) To direct, take, or transport, or to offer or agree to
  461  direct, take, or transport, any person to any place, structure,
  462  or building, or to any other person, with knowledge or
  463  reasonable cause to believe that the purpose of such directing,
  464  taking, or transporting is prostitution, lewdness, or
  465  assignation.
  466         (e) To offer to commit, or to commit, or to engage in,
  467  prostitution, lewdness, or assignation.
  468         (f) To solicit, induce, entice, or procure another to
  469  commit prostitution, lewdness, or assignation.
  470         (g) To reside in, enter, or remain in, any place,
  471  structure, or building, or to enter or remain in any conveyance,
  472  for the purpose of prostitution, lewdness, or assignation.
  473         (h) To aid, abet, or participate in any of the acts or
  474  things enumerated in this subsection.
  475         (i) To purchase the services of any person engaged in
  476  prostitution.
  477         (3)(a) In the trial of a person charged with a violation of
  478  this section, testimony concerning the reputation of any place,
  479  structure, building, or conveyance involved in the charge,
  480  testimony concerning the reputation of any person residing in,
  481  operating, or frequenting such place, structure, building, or
  482  conveyance, and testimony concerning the reputation of the
  483  defendant is admissible in evidence in support of the charge.
  484         (b) Notwithstanding any other provision of law, a police
  485  officer may testify as an offended party in an action regarding
  486  charges filed pursuant to this section.
  487         (4) A person who violates any provision of this section
  488  commits:
  489         (a) A misdemeanor of the second degree for a first
  490  violation, punishable as provided in s. 775.082 or s. 775.083.
  491         (b) A misdemeanor of the first degree for a second
  492  violation, punishable as provided in s. 775.082 or s. 775.083.
  493         (c) A felony of the third degree for a third or subsequent
  494  violation, punishable as provided in s. 775.082, s. 775.083, or
  495  s. 775.084.
  496         (5) A person who is charged with a third or subsequent
  497  violation of this section shall be offered admission to a
  498  pretrial intervention program or a substance-abuse treatment
  499  program as provided in s. 948.08.
  500         (6) A person who violates paragraph (2)(f) shall be
  501  assessed a civil penalty of $5,000 $500 if the violation results
  502  in any judicial disposition other than acquittal or dismissal.
  503  Of the proceeds from each penalty penalties assessed under this
  504  subsection, the first $500 shall be paid to the circuit court
  505  administrator for the sole purpose of paying the administrative
  506  costs of treatment-based drug court programs provided under s.
  507  397.334. The remainder of the penalty assessed shall be
  508  deposited in the Operations and Maintenance Trust Fund of the
  509  Department of Children and Family Services for the sole purpose
  510  of funding safe houses and short-term safe houses as provided in
  511  s. 409.1678.
  512         Section 8. Section 960.065, Florida Statutes, is amended to
  513  read:
  514         960.065 Eligibility for awards.—
  515         (1) Except as provided in subsection (2), the following
  516  persons shall be eligible for awards pursuant to this chapter:
  517         (a) A victim.
  518         (b) An intervenor.
  519         (c) A surviving spouse, parent or guardian, sibling, or
  520  child of a deceased victim or intervenor.
  521         (d) Any other person who is dependent for his or her
  522  principal support upon a deceased victim or intervenor.
  523         (2) Any claim filed by or on behalf of a person who:
  524         (a) Committed or aided in the commission of the crime upon
  525  which the claim for compensation was based;
  526         (b) Was engaged in an unlawful activity at the time of the
  527  crime upon which the claim for compensation is based;
  528         (c) Was in custody or confined, regardless of conviction,
  529  in a county or municipal detention facility, a state or federal
  530  correctional facility, or a juvenile detention or commitment
  531  facility at the time of the crime upon which the claim for
  532  compensation is based;
  533         (d) Has been adjudicated as a habitual felony offender,
  534  habitual violent offender, or violent career criminal under s.
  535  775.084; or
  536         (e) Has been adjudicated guilty of a forcible felony
  537  offense as described in s. 776.08,
  539  is ineligible shall not be eligible for an award.
  540         (3) Any claim filed by or on behalf of a person who was in
  541  custody or confined, regardless of adjudication, in a county or
  542  municipal facility, a state or federal correctional facility, or
  543  a juvenile detention, commitment, or assessment facility at the
  544  time of the crime upon which the claim is based, who has been
  545  adjudicated as a habitual felony offender under s. 775.084, or
  546  who has been adjudicated guilty of a forcible felony offense as
  547  described in s. 776.08 renders the person ineligible, shall not
  548  be eligible for an award. Notwithstanding the foregoing, upon a
  549  finding by the Crime Victims’ Services Office of the existence
  550  of mitigating or special circumstances that would render such a
  551  disqualification unjust, an award may be approved. A decision
  552  that mitigating or special circumstances do not exist in a case
  553  subject to this section does shall not constitute final agency
  554  action subject to review pursuant to ss. 120.569 and 120.57.
  555         (4) Payment may not be made under this chapter if the
  556  person who committed the crime upon which the claim is based
  557  will receive any direct or indirect financial benefit from such
  558  payment, unless such benefit is minimal or inconsequential.
  559  Payment may not be denied based on the victim’s familial
  560  relationship to the offender or based upon the sharing of a
  561  residence by the victim and offender, except to prevent unjust
  562  enrichment of the offender.
  563         (5) A person is not ineligible for an award pursuant to
  564  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
  565  person is a victim of sexual exploitation of a child as defined
  566  in s. 39.01(67)(g).
  567         Section 9. Paragraph (b) of subsection (2) of section
  568  985.115, Florida Statutes, is amended to read:
  569         985.115 Release or delivery from custody.—
  570         (2) Unless otherwise ordered by the court under s. 985.255
  571  or s. 985.26, and unless there is a need to hold the child, a
  572  person taking a child into custody shall attempt to release the
  573  child as follows:
  574         (b) Contingent upon specific appropriation, to a shelter
  575  approved by the department or to an authorized agent or short
  576  term safe house under s. 39.401(2)(b).
  577         Section 10. This act shall take effect January 1, 2013.