HB 99

1
A bill to be entitled
2An act relating to sexual exploitation; providing a
3short title; amending s. 39.001, F.S.; providing
4legislative intent and goals; conforming cross-
5references; amending s. 39.01, F.S.; revising the
6definitions of the terms "abuse," "child who is found
7to be dependent," and "sexual abuse of a child";
8amending s. 39.401, F.S.; requiring delivery of
9children alleged to be dependent and sexually
10exploited to short-term safe houses; amending s.
1139.402, F.S.; providing for a presumption that
12placement of a child alleged to have been sexually
13exploited in a short-term safe house is necessary;
14providing requirements for findings in a shelter
15hearing relating to placement of an allegedly sexually
16exploited child in a short-term safe house; amending
17s. 39.521, F.S.; providing for a presumption that
18placement of a child alleged to have been sexually
19exploited in a safe house is necessary; creating s.
2039.524, F.S.; requiring assessment of certain children
21for placement in a safe house; providing for use of
22such assessments; providing requirements for safe
23houses receiving such children; requiring an annual
24report concerning safe-house placements; creating s.
25409.1678, F.S.; providing definitions; requiring
26circuits of the Department of Children and Family
27Services to address child welfare service needs of
28sexually exploited children as a component of their
29master plans; providing duties, responsibilities, and
30requirements for safe houses and their operators;
31providing for training for law enforcement officials
32who are likely to encounter sexually exploited
33children; amending s. 796.07, F.S.; providing for an
34increased civil penalty for soliciting another to
35commit prostitution or related acts; providing for
36disposition of proceeds; amending s. 960.065, F.S.;
37allowing victim compensation for sexually exploited
38children; amending s. 985.115, F.S.; conforming a
39provision to changes made by the act; amending ss.
40985.145 and 985.15, F.S.; providing a presumption
41against filing a delinquency petition for certain
42prostitution-related offenses in certain
43circumstances; providing an effective date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  This act may be cited as the "Florida Safe
48Harbor Act."
49     Section 2.  Subsections (4) through (12) of section 39.001,
50Florida Statutes, are renumbered as subsections (5) through
51(13), respectively, paragraph (c) of present subsection (7) and
52paragraph (b) of present subsection (9) are amended, and a new
53subsection (4) is added to that section, to read:
54     39.001  Purposes and intent; personnel standards and
55screening.-
56     (4)  SEXUAL EXPLOITATION SERVICES.-
57     (a)  The Legislature recognizes that child sexual
58exploitation is a serious problem nationwide and in this state.
59The children at greatest risk of being sexually exploited are
60runaways and throwaways. Many of these children have a history
61of abuse and neglect. The vulnerability of these children starts
62with isolation from family and friends. Traffickers maintain
63control of child victims through psychological manipulation,
64force, drug addiction, or the exploitation of economic,
65physical, or emotional vulnerability. Children exploited through
66the sex trade often find it difficult to trust adults because of
67their abusive experiences. These children make up a population
68that is difficult to serve and even more difficult to
69rehabilitate. Although minors are by law unable to consent to
70sexual activity, they are most often treated as perpetrators of
71crime rather than victims. Moreover, the historical treatment of
72such children as delinquents has too often resulted in the
73failure to successfully prosecute the trafficker, who is the
74true wrongdoer and threat to society.
75     (b)  The Legislature establishes the following goals for
76the state related to the status and treatment of sexually
77exploited children in the dependency process:
78     1.  To ensure the safety of children.
79     2.  To provide for the treatment of such children as
80dependent children rather than as delinquents.
81     3.  To sever the bond between exploited children and
82traffickers and to reunite these children with their families or
83provide them with appropriate guardians.
84     4.  To enable such children to be willing and reliable
85witnesses in the prosecution of traffickers.
86     (c)  The Legislature finds that sexually exploited children
87need special care and services in the dependency process,
88including counseling, health care, substance abuse treatment,
89educational opportunities, and a safe environment secure from
90traffickers.
91     (d)  The Legislature further finds that sexually exploited
92children need the special care and services described in
93paragraph (c) independent of their citizenship, residency,
94alien, or immigrant status. It is the intent of the Legislature
95that this state provide such care and services to all sexually
96exploited children in this state who are not otherwise receiving
97comparable services, such as those under the federal Trafficking
98Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
99     (8)(7)  OFFICE OF ADOPTION AND CHILD PROTECTION.-
100     (c)  The office is authorized and directed to:
101     1.  Oversee the preparation and implementation of the state
102plan established under subsection (9) (8) and revise and update
103the state plan as necessary.
104     2.  Provide for or make available continuing professional
105education and training in the prevention of child abuse and
106neglect.
107     3.  Work to secure funding in the form of appropriations,
108gifts, and grants from the state, the Federal Government, and
109other public and private sources in order to ensure that
110sufficient funds are available for the promotion of adoption,
111support of adoptive families, and child abuse prevention
112efforts.
113     4.  Make recommendations pertaining to agreements or
114contracts for the establishment and development of:
115     a.  Programs and services for the promotion of adoption,
116support of adoptive families, and prevention of child abuse and
117neglect.
118     b.  Training programs for the prevention of child abuse and
119neglect.
120     c.  Multidisciplinary and discipline-specific training
121programs for professionals with responsibilities affecting
122children, young adults, and families.
123     d.  Efforts to promote adoption.
124     e.  Postadoptive services to support adoptive families.
125     5.  Monitor, evaluate, and review the development and
126quality of local and statewide services and programs for the
127promotion of adoption, support of adoptive families, and
128prevention of child abuse and neglect and shall publish and
129distribute an annual report of its findings on or before January
1301 of each year to the Governor, the Speaker of the House of
131Representatives, the President of the Senate, the head of each
132state agency affected by the report, and the appropriate
133substantive committees of the Legislature. The report shall
134include:
135     a.  A summary of the activities of the office.
136     b.  A summary of the adoption data collected and reported
137to the federal Adoption and Foster Care Analysis and Reporting
138System (AFCARS) and the federal Administration for Children and
139Families.
140     c.  A summary of the child abuse prevention data collected
141and reported to the National Child Abuse and Neglect Data System
142(NCANDS) and the federal Administration for Children and
143Families.
144     d.  A summary detailing the timeliness of the adoption
145process for children adopted from within the child welfare
146system.
147     e.  Recommendations, by state agency, for the further
148development and improvement of services and programs for the
149promotion of adoption, support of adoptive families, and
150prevention of child abuse and neglect.
151     f.  Budget requests, adoption promotion and support needs,
152and child abuse prevention program needs by state agency.
153     6.  Work with the direct-support organization established
154under s. 39.0011 to receive financial assistance.
155     (10)(9)  FUNDING AND SUBSEQUENT PLANS.-
156     (b)  The office and the other agencies and organizations
157listed in paragraph (9)(8)(a) shall readdress the state plan and
158make necessary revisions every 5 years, at a minimum. Such
159revisions shall be submitted to the Speaker of the House of
160Representatives and the President of the Senate no later than
161June 30 of each year divisible by 5. At least biennially, the
162office shall review the state plan and make any necessary
163revisions based on changing needs and program evaluation
164results. An annual progress report shall be submitted to update
165the state plan in the years between the 5-year intervals. In
166order to avoid duplication of effort, these required plans may
167be made a part of or merged with other plans required by either
168the state or Federal Government, so long as the portions of the
169other state or Federal Government plan that constitute the state
170plan for the promotion of adoption, support of adoptive
171families, and prevention of child abuse, abandonment, and
172neglect are clearly identified as such and are provided to the
173Speaker of the House of Representatives and the President of the
174Senate as required above.
175     Section 3.  Subsections (2) and (15) and paragraph (g) of
176subsection (67) of section 39.01, Florida Statutes, are amended
177to read:
178     39.01  Definitions.-When used in this chapter, unless the
179context otherwise requires:
180     (2)  "Abuse" means any willful act or threatened act that
181results in any physical, mental, or sexual abuse, injury, or
182harm that causes or is likely to cause the child's physical,
183mental, or emotional health to be significantly impaired. Abuse
184of a child includes acts or omissions. Corporal discipline of a
185child by a parent or legal custodian for disciplinary purposes
186does not in itself constitute abuse when it does not result in
187harm to the child.
188     (15)  "Child who is found to be dependent" means a child
189who, pursuant to this chapter, is found by the court:
190     (a)  To have been abandoned, abused, or neglected by the
191child's parent or parents or legal custodians;
192     (b)  To have been surrendered to the department, the former
193Department of Health and Rehabilitative Services, or a licensed
194child-placing agency for purpose of adoption;
195     (c)  To have been voluntarily placed with a licensed child-
196caring agency, a licensed child-placing agency, an adult
197relative, the department, or the former Department of Health and
198Rehabilitative Services, after which placement, under the
199requirements of this chapter, a case plan has expired and the
200parent or parents or legal custodians have failed to
201substantially comply with the requirements of the plan;
202     (d)  To have been voluntarily placed with a licensed child-
203placing agency for the purposes of subsequent adoption, and a
204parent or parents have signed a consent pursuant to the Florida
205Rules of Juvenile Procedure;
206     (e)  To have no parent or legal custodians capable of
207providing supervision and care; or
208     (f)  To be at substantial risk of imminent abuse,
209abandonment, or neglect by the parent or parents or legal
210custodians; or
211     (g)  To have been sexually exploited and to have no parent,
212legal custodian, or responsible adult relative currently known
213and capable of providing the necessary and appropriate
214supervision and care.
215     (67)  "Sexual abuse of a child" means one or more of the
216following acts:
217     (g)  The sexual exploitation of a child, which includes the
218act of a child offering to engage in or engaging in
219prostitution; or allowing, encouraging, or forcing a child to:
220     1.  Solicit for or engage in prostitution; or
221     2.  Engage in a sexual performance, as defined by chapter
222827; or
223     3.  Participate in the trade of sex trafficking as provided
224in s. 796.035.
225     Section 4.  Paragraph (b) of subsection (2) and paragraph
226(b) of subsection (3) of section 39.401, Florida Statutes, are
227amended to read:
228     39.401  Taking a child alleged to be dependent into
229custody; law enforcement officers and authorized agents of the
230department.-
231     (2)  If the law enforcement officer takes the child into
232custody, that officer shall:
233     (b)  Deliver the child to an authorized agent of the
234department, stating the facts by reason of which the child was
235taken into custody and sufficient information to establish
236probable cause that the child is abandoned, abused, or
237neglected, or otherwise dependent. In the case of a child for
238whom there is probable cause to believe he or she has been
239sexually exploited, the law enforcement officer shall deliver
240the child to the appropriate short-term safe house as provided
241for in s. 409.1678 if a short-term safe house is available.
242
243For cases involving allegations of abandonment, abuse, or
244neglect, or other dependency cases, within 3 days after such
245release or within 3 days after delivering the child to an
246authorized agent of the department, the law enforcement officer
247who took the child into custody shall make a full written report
248to the department.
249     (3)  If the child is taken into custody by, or is delivered
250to, an authorized agent of the department, the agent shall
251review the facts supporting the removal with an attorney
252representing the department. The purpose of the review is to
253determine whether there is probable cause for the filing of a
254shelter petition.
255     (b)  If the facts are sufficient and the child has not been
256returned to the custody of the parent or legal custodian, the
257department shall file the petition and schedule a hearing, and
258the attorney representing the department shall request that a
259shelter hearing be held within 24 hours after the removal of the
260child. While awaiting the shelter hearing, the authorized agent
261of the department may place the child in licensed shelter care,
262or in a short-term safe house if the child is a sexually
263exploited child, or may release the child to a parent or legal
264custodian or responsible adult relative or the adoptive parent
265of the child's sibling who shall be given priority consideration
266over a licensed placement, or a responsible adult approved by
267the department if this is in the best interests of the child.
268Placement of a child which is not in a licensed shelter must be
269preceded by a criminal history records check as required under
270s. 39.0138. In addition, the department may authorize placement
271of a housekeeper/homemaker in the home of a child alleged to be
272dependent until the parent or legal custodian assumes care of
273the child.
274     Section 5.  Subsection (2) and paragraphs (a), (d), and (h)
275of subsection (8) of section 39.402, Florida Statutes, are
276amended to read:
277     39.402  Placement in a shelter.-
278     (2)  A child taken into custody may be placed or continued
279in a shelter only if one or more of the criteria in subsection
280(1) apply applies and the court has made a specific finding of
281fact regarding the necessity for removal of the child from the
282home and has made a determination that the provision of
283appropriate and available services will not eliminate the need
284for placement. In the case of a child who is alleged to have
285been sexually exploited, there is a rebuttable presumption that
286placement in a short-term safe house is necessary.
287     (8)(a)  A child may not be held in a shelter longer than 24
288hours unless an order so directing is entered by the court after
289a shelter hearing. In the interval until the shelter hearing is
290held, the decision to place the child in a shelter or release
291the child from a shelter lies with the protective investigator.
292In the case of a child who is alleged to have been sexually
293exploited, there is a rebuttable presumption that placement in a
294short-term safe house is necessary.
295     (d)  At the shelter hearing, in order to continue the child
296in shelter care:
297     1.  The department must establish probable cause that
298reasonable grounds for removal exist and that the provision of
299appropriate and available services will not eliminate the need
300for placement;
301     2.  The department must establish probable cause for the
302belief that the child has been sexually exploited and,
303therefore, that placement in a short-term safe house is the most
304appropriate environment for the child; or
305     3.2.  The court must determine that additional time is
306necessary, which may not exceed 72 hours, in which to obtain and
307review documents pertaining to the family in order to
308appropriately determine the risk to the child during which time
309the child shall remain in the department's custody, if so
310ordered by the court.
311     (h)  The order for placement of a child in shelter care
312must identify the parties present at the hearing and must
313contain written findings:
314     1.  That placement in shelter care is necessary based on
315the criteria in subsections (1) and (2).
316     2.  That placement in shelter care is in the best interest
317of the child.
318     3.  That continuation of the child in the home is contrary
319to the welfare of the child because the home situation presents
320a substantial and immediate danger to the child's physical,
321mental, or emotional health or safety which cannot be mitigated
322by the provision of preventive services.
323     4.  That based upon the allegations of the petition for
324placement in shelter care, there is probable cause to believe
325that the child is dependent or that the court needs additional
326time, which may not exceed 72 hours, in which to obtain and
327review documents pertaining to the family in order to
328appropriately determine the risk to the child.
329     5.  That the department has made reasonable efforts to
330prevent or eliminate the need for removal of the child from the
331home. A finding of reasonable effort by the department to
332prevent or eliminate the need for removal may be made and the
333department is deemed to have made reasonable efforts to prevent
334or eliminate the need for removal if:
335     a.  The first contact of the department with the family
336occurs during an emergency;
337     b.  The appraisal of the home situation by the department
338indicates that the home situation presents a substantial and
339immediate danger to the child's physical, mental, or emotional
340health or safety which cannot be mitigated by the provision of
341preventive services;
342     c.  The child cannot safely remain at home, either because
343there are no preventive services that can ensure the health and
344safety of the child or because, even with appropriate and
345available services being provided, the health and safety of the
346child cannot be ensured;
347     d.  The child has been sexually exploited; or
348     e.d.  The parent or legal custodian is alleged to have
349committed any of the acts listed as grounds for expedited
350termination of parental rights in s. 39.806(1)(f)-(i).
351     6.  That the court notified the parents, relatives that are
352providing out-of-home care for the child, or legal custodians of
353the time, date, and location of the next dependency hearing and
354of the importance of the active participation of the parents,
355relatives that are providing out-of-home care for the child, or
356legal custodians in all proceedings and hearings.
357     7.  That the court notified the parents or legal custodians
358of their right to counsel to represent them at the shelter
359hearing and at each subsequent hearing or proceeding, and the
360right of the parents to appointed counsel, pursuant to the
361procedures set forth in s. 39.013.
362     8.  That the court notified relatives who are providing
363out-of-home care for a child as a result of the shelter petition
364being granted that they have the right to attend all subsequent
365hearings, to submit reports to the court, and to speak to the
366court regarding the child, if they so desire.
367     Section 6.  Paragraph (f) of subsection (1) and paragraph
368(d) of subsection (3) of section 39.521, Florida Statutes, are
369amended to read:
370     39.521  Disposition hearings; powers of disposition.-
371     (1)  A disposition hearing shall be conducted by the court,
372if the court finds that the facts alleged in the petition for
373dependency were proven in the adjudicatory hearing, or if the
374parents or legal custodians have consented to the finding of
375dependency or admitted the allegations in the petition, have
376failed to appear for the arraignment hearing after proper
377notice, or have not been located despite a diligent search
378having been conducted.
379     (f)  If the court places the child in an out-of-home
380placement, the disposition order must include a written
381determination that the child cannot safely remain at home with
382reunification or family preservation services and that removal
383of the child is necessary to protect the child. If the child is
384removed before the disposition hearing, the order must also
385include a written determination as to whether, after removal,
386the department made a reasonable effort to reunify the parent
387and child. Reasonable efforts to reunify are not required if the
388court finds that any of the acts listed in s. 39.806(1)(f)-(l)
389have occurred. The department has the burden of demonstrating
390that it made reasonable efforts.
391     1.  For the purposes of this paragraph, the term
392"reasonable effort" means the exercise of reasonable diligence
393and care by the department to provide the services ordered by
394the court or delineated in the case plan.
395     2.  In support of its determination as to whether
396reasonable efforts have been made, the court shall:
397     a.  Enter written findings as to whether prevention or
398reunification efforts were indicated.
399     b.  If prevention or reunification efforts were indicated,
400include a brief written description of what appropriate and
401available prevention and reunification efforts were made.
402     c.  Indicate in writing why further efforts could or could
403not have prevented or shortened the separation of the parent and
404child.
405     3.  A court may find that the department made a reasonable
406effort to prevent or eliminate the need for removal if:
407     a.  The first contact of the department with the family
408occurs during an emergency;
409     b.  The appraisal by the department of the home situation
410indicates a substantial and immediate danger to the child's
411safety or physical, mental, or emotional health which cannot be
412mitigated by the provision of preventive services;
413     c.  The child cannot safely remain at home, because there
414are no preventive services that can ensure the health and safety
415of the child or, even with appropriate and available services
416being provided, the health and safety of the child cannot be
417ensured. There is a rebuttable presumption that any child who
418has been found to be a victim of sexual exploitation as defined
419in s. 39.01(67)(g) meets the terms of this sub-subparagraph; or
420     d.  The parent is alleged to have committed any of the acts
421listed as grounds for expedited termination of parental rights
422under s. 39.806(1)(f)-(l).
423     4.  A reasonable effort by the department for reunification
424has been made if the appraisal of the home situation by the
425department indicates that the severity of the conditions of
426dependency is such that reunification efforts are inappropriate.
427The department has the burden of demonstrating to the court that
428reunification efforts were inappropriate.
429     5.  If the court finds that the prevention or reunification
430effort of the department would not have permitted the child to
431remain safely at home, the court may commit the child to the
432temporary legal custody of the department or take any other
433action authorized by this chapter.
434     (3)  When any child is adjudicated by a court to be
435dependent, the court shall determine the appropriate placement
436for the child as follows:
437     (d)  If the child cannot be safely placed in a nonlicensed
438placement, the court shall commit the child to the temporary
439legal custody of the department. Such commitment invests in the
440department all rights and responsibilities of a legal custodian.
441The department shall not return any child to the physical care
442and custody of the person from whom the child was removed,
443except for court-approved visitation periods, without the
444approval of the court. Any order for visitation or other contact
445must conform to the provisions of s. 39.0139. There is a
446rebuttable presumption that any child who has been found to be a
447victim of sexual exploitation as defined in s. 39.01(67)(g) be
448committed to a safe house as provided for in s. 409.1678. The
449term of such commitment continues until terminated by the court
450or until the child reaches the age of 18. After the child is
451committed to the temporary legal custody of the department, all
452further proceedings under this section are governed by this
453chapter.
454
455Protective supervision continues until the court terminates it
456or until the child reaches the age of 18, whichever date is
457first. Protective supervision shall be terminated by the court
458whenever the court determines that permanency has been achieved
459for the child, whether with a parent, another relative, or a
460legal custodian, and that protective supervision is no longer
461needed. The termination of supervision may be with or without
462retaining jurisdiction, at the court's discretion, and shall in
463either case be considered a permanency option for the child. The
464order terminating supervision by the department shall set forth
465the powers of the custodian of the child and shall include the
466powers ordinarily granted to a guardian of the person of a minor
467unless otherwise specified. Upon the court's termination of
468supervision by the department, no further judicial reviews are
469required, so long as permanency has been established for the
470child.
471     Section 7.  Section 39.524, Florida Statutes, is created to
472read:
473     39.524  Safe-harbor placement.-
474     (1)  Except as provided in s. 39.407, any dependent child 6
475years of age or older who has been found to be a victim of
476sexual exploitation as defined in s. 39.01(67)(g) must be
477assessed for placement in a safe house as provided in s.
478409.1678. The assessment shall be conducted by the department or
479its agent and shall incorporate and address current and
480historical information from any law enforcement reports;
481psychological testing or evaluation that has occurred; current
482and historical information from the guardian ad litem, if one
483has been assigned; current and historical information from any
484current therapist, teacher, or other professional who has
485knowledge of the child and has worked with the child; and any
486other information concerning the availability and suitability of
487safe-house placement. If such placement is determined to be
488appropriate as a result of this procedure, the child must be
489placed in a safe house, if one is available. As used in this
490section, the term "available" as it relates to a placement means
491a placement that is located within the circuit or that is
492otherwise reasonably accessible.
493     (2)  The results of the assessment described in subsection
494(1) and the actions taken as a result of the assessment must be
495included in the next judicial review of the child. At each
496subsequent judicial review, the court must be advised in writing
497of the status of the child's placement, with special reference
498regarding the stability of the placement and the permanency
499planning for the child.
500     (3)  Any safe house that receives children under this
501section shall establish special permanency teams dedicated to
502overcoming the special permanency challenges presented by this
503population of children. Each facility shall report to the
504department its success in achieving permanency for children
505placed by the department in its care at intervals that allow the
506current information to be provided to the court at each judicial
507review for the child.
508     (4)(a)  By December 1 of each year, the department shall
509report to the Legislature on the placement of children in safe
510houses during the year, including the criteria used to determine
511the placement of children, the number of children who were
512evaluated for placement, the number of children who were placed
513based upon the evaluation, and the number of children who were
514not placed.
515     (b)  The department shall maintain data specifying the
516number of children who were referred to a safe house for whom
517placement was unavailable and the counties in which such
518placement was unavailable. The department shall include this
519data in its report under this subsection so that the Legislature
520may consider this information in developing the General
521Appropriations Act.
522     Section 8.  Section 409.1678, Florida Statutes, is created
523to read:
524     409.1678  Safe harbor for children who are victims of
525sexual exploitation.-
526     (1)  As used in this section, the term:
527     (a)  "Child advocate" means an employee of a short-term
528safe house who has been trained to work with and advocate for
529the needs of sexually exploited children. The advocate shall
530accompany the child to all court appearances, meetings with law
531enforcement, and the state attorney's office and shall serve as
532a liaison between the short-term safe house and the court.
533     (b)  "Safe house" means a living environment that has set
534aside gender-specific, separate, and distinct living quarters
535for sexually exploited children who have been adjudicated
536dependent or delinquent and need to reside in a secure
537residential facility with staff members awake 24 hours a day. A
538safe house shall be operated by a licensed family foster home or
539residential child-caring agency as defined in s. 409.175,
540including a runaway youth center as defined in s. 409.441. Each
541facility must be appropriately licensed in this state as a
542residential child-caring agency as defined in s. 409.175 and
543must be accredited by July 1, 2013. A safe house serving
544children who have been sexually exploited must have available
545staff or contract personnel with the clinical expertise,
546credentials, and training to provide services identified in
547paragraph (2)(b).
548     (c)  "Secure" means that a child is supervised 24 hours a
549day by staff members who are awake while on duty.
550     (d)  "Sexually exploited child" means a dependent child who
551has suffered sexual exploitation as defined in s. 39.01(67)(g)
552and is ineligible for relief and benefits under the federal
553Trafficking Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
554     (e)  "Short-term safe house" means a shelter operated by a
555licensed residential child-caring agency as defined in s.
556409.175, including a runaway youth center as defined in s.
557409.441, that has set aside gender-specific, separate, and
558distinct living quarters for sexually exploited children. In
559addition to shelter, the house shall provide services and care
560to sexually exploited children, including food, clothing,
561medical care, counseling, and appropriate crisis intervention
562services at the time they are taken into custody by law
563enforcement or the department.
564     (2)(a)  Notwithstanding any other provision of law,
565pursuant to regulations of the department, every circuit of the
566department shall address the child welfare service needs of
567sexually exploited children as a component of the circuit's
568master plan. This determination shall be made in consultation
569with local law enforcement, runaway and homeless youth program
570providers, local probation departments, local community-based
571care and social services, local guardians ad litem, public
572defenders, state attorney's offices, and child advocates and
573services providers who work directly with sexually exploited
574youth.
575     (b)  The lead agency, not-for-profit agency, or local
576government entity providing safe-house services is responsible
577for security, crisis intervention services, general counseling
578and victim-witness counseling, a comprehensive assessment,
579residential care, transportation, access to behavioral health
580services, recreational activities, food, clothing, supplies,
581infant care, and miscellaneous expenses associated with caring
582for these children; for necessary arrangement for or provision
583of educational services, including life skills services and
584planning services to successfully transition residents back to
585the community; and for ensuring necessary and appropriate health
586and dental care.
587     (c)  This section does not prohibit any provider of these
588services from appropriately billing Medicaid for services
589rendered, from contracting with a local school district for
590educational services, or from obtaining federal or local funding
591for services provided, as long as two or more funding sources do
592not pay for the same specific service that has been provided to
593a child.
594     (d)  The lead agency, not-for-profit agency, or local
595government entity providing safe-house services has the legal
596authority for children served in a safe-house program, as
597provided in chapter 39 or this chapter, as appropriate, to
598enroll the child in school, to sign for a driver's license for
599the child, to cosign loans and insurance for the child, to sign
600for medical treatment of the child, and to authorize other such
601activities.
602     (e)  All of the services created under this section may, to
603the extent possible provided by law, be available to all
604sexually exploited children whether they are accessed
605voluntarily, as a condition of probation, through a diversion
606program, through a proceeding under chapter 39, or through a
607referral from a local community-based care or social service
608agency.
609     (3)  The local circuit administrator may, to the extent
610that funds are available, in conjunction with local law
611enforcement officials, contract with an appropriate not-for-
612profit agency having experience working with sexually exploited
613children to train law enforcement officials who are likely to
614encounter sexually exploited children in the course of their law
615enforcement duties on the provisions of this section and how to
616identify and obtain appropriate services for sexually exploited
617children. Circuits may work cooperatively to provide such
618training, and such training may be provided on a regional basis.
619The department shall assist circuits in obtaining any available
620funds for the purposes of conducting law enforcement training
621from the Office of Juvenile Justice and Delinquency Prevention
622of the United States Department of Justice.
623     Section 9.  Paragraph (f) of subsection (2) of section
624796.07, Florida Statutes, is republished, and subsection (6) of
625that section is amended, to read:
626     796.07  Prohibiting prostitution and related acts, etc.;
627evidence; penalties; definitions.-
628     (2)  It is unlawful:
629     (f)  To solicit, induce, entice, or procure another to
630commit prostitution, lewdness, or assignation.
631     (6)  A person who violates paragraph (2)(f) shall be
632assessed a civil penalty of $5,000 $500 if the violation results
633in any judicial disposition other than acquittal or dismissal.
634Of the proceeds from each penalty penalties assessed under this
635subsection, $500 shall be paid to the circuit court
636administrator for the sole purpose of paying the administrative
637costs of treatment-based drug court programs provided under s.
638397.334 and $4,500 shall be paid to the Department of Children
639and Family Services for the sole purpose of funding safe houses
640and short-term safe houses as provided in s. 409.1678.
641     Section 10.  Section 960.065, Florida Statutes, is amended
642to read:
643     960.065  Eligibility for awards.-
644     (1)  Except as provided in subsection (2), the following
645persons shall be eligible for awards pursuant to this chapter:
646     (a)  A victim.
647     (b)  An intervenor.
648     (c)  A surviving spouse, parent or guardian, sibling, or
649child of a deceased victim or intervenor.
650     (d)  Any other person who is dependent for his or her
651principal support upon a deceased victim or intervenor.
652     (2)  Any claim filed by or on behalf of a person who:
653     (a)  Committed or aided in the commission of the crime upon
654which the claim for compensation was based;
655     (b)  Was engaged in an unlawful activity at the time of the
656crime upon which the claim for compensation is based;
657     (c)  Was in custody or confined, regardless of conviction,
658in a county or municipal detention facility, a state or federal
659correctional facility, or a juvenile detention or commitment
660facility at the time of the crime upon which the claim for
661compensation is based;
662     (d)  Has been adjudicated as a habitual felony offender,
663habitual violent offender, or violent career criminal under s.
664775.084; or
665     (e)  Has been adjudicated guilty of a forcible felony
666offense as described in s. 776.08,
667
668is ineligible shall not be eligible for an award.
669     (3)  Any claim filed by or on behalf of a person who was in
670custody or confined, regardless of adjudication, in a county or
671municipal facility, a state or federal correctional facility, or
672a juvenile detention, commitment, or assessment facility at the
673time of the crime upon which the claim is based, who has been
674adjudicated as a habitual felony offender under s. 775.084, or
675who has been adjudicated guilty of a forcible felony offense as
676described in s. 776.08, renders the person ineligible shall not
677be eligible for an award. Notwithstanding the foregoing, upon a
678finding by the Crime Victims' Services Office of the existence
679of mitigating or special circumstances that would render such a
680disqualification unjust, an award may be approved. A decision
681that mitigating or special circumstances do not exist in a case
682subject to this section does shall not constitute final agency
683action subject to review pursuant to ss. 120.569 and 120.57.
684     (4)  Payment may not be made under this chapter if the
685person who committed the crime upon which the claim is based
686will receive any direct or indirect financial benefit from such
687payment, unless such benefit is minimal or inconsequential.
688Payment may not be denied based on the victim's familial
689relationship to the offender or based upon the sharing of a
690residence by the victim and offender, except to prevent unjust
691enrichment of the offender.
692     (5)  A person is not ineligible for an award pursuant to
693paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
694person is a victim of sexual exploitation of a child as defined
695in s. 39.01(67)(g).
696     Section 11.  Paragraph (b) of subsection (2) of section
697985.115, Florida Statutes, is amended to read:
698     985.115  Release or delivery from custody.-
699     (2)  Unless otherwise ordered by the court under s. 985.255
700or s. 985.26, and unless there is a need to hold the child, a
701person taking a child into custody shall attempt to release the
702child as follows:
703     (b)  Contingent upon specific appropriation, to a shelter
704approved by the department or to an authorized agent or short-
705term safe house under s. 39.401(2)(b).
706     Section 12.  Paragraph (i) of subsection (1) of section
707985.145, Florida Statutes, is amended to read:
708     985.145  Responsibilities of juvenile probation officer
709during intake; screenings and assessments.-
710     (1)  The juvenile probation officer shall serve as the
711primary case manager for the purpose of managing, coordinating,
712and monitoring the services provided to the child. Each program
713administrator within the Department of Children and Family
714Services shall cooperate with the primary case manager in
715carrying out the duties and responsibilities described in this
716section. In addition to duties specified in other sections and
717through departmental rules, the assigned juvenile probation
718officer shall be responsible for the following:
719     (i)  Recommendation concerning a petition.-Upon determining
720that the report, affidavit, or complaint complies with the
721standards of a probable cause affidavit and that the interests
722of the child and the public will be best served, the juvenile
723probation officer may recommend that a delinquency petition not
724be filed. If such a recommendation is made, the juvenile
725probation officer shall advise in writing the person or agency
726making the report, affidavit, or complaint, the victim, if any,
727and the law enforcement agency having investigative jurisdiction
728over the offense of the recommendation; the reasons therefor;
729and that the person or agency may submit, within 10 days after
730the receipt of such notice, the report, affidavit, or complaint
731to the state attorney for special review. In the case of a
732report, affidavit, or complaint alleging a violation of s.
733796.07(2)(f), there is a presumption that the juvenile probation
734officer recommend that a petition not be filed unless the child
735has previously been adjudicated delinquent. The state attorney,
736upon receiving a request for special review, shall consider the
737facts presented by the report, affidavit, or complaint, and by
738the juvenile probation officer who made the recommendation that
739no petition be filed, before making a final decision as to
740whether a petition or information should or should not be filed.
741     Section 13.  Paragraph (c) of subsection (1) of section
742985.15, Florida Statutes, is amended to read:
743     985.15  Filing decisions.-
744     (1)  The state attorney may in all cases take action
745independent of the action or lack of action of the juvenile
746probation officer and shall determine the action that is in the
747best interest of the public and the child. If the child meets
748the criteria requiring prosecution as an adult under s. 985.556,
749the state attorney shall request the court to transfer and
750certify the child for prosecution as an adult or shall provide
751written reasons to the court for not making such a request. In
752all other cases, the state attorney may:
753     (c)  File a petition for delinquency. In the case of a
754report, affidavit, or complaint alleging a violation of s.
755796.07(2)(f), there is a presumption that a petition not be
756filed unless the child has previously been adjudicated
757delinquent;
758     Section 14.  This act shall take effect January 1, 2013.


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