Florida Senate - 2014 SB 1164
By Senator Simmons
10-00379-14 20141164__
1 A bill to be entitled
2 An act relating to human trafficking; creating s.
3 787.065, F.S.; defining terms; establishing the
4 Commission on the Prevention of Human Trafficking;
5 requiring that the commission be housed in the Office
6 of the Attorney General; providing composition of the
7 commission and providing appointment and terms of the
8 commission members; authorizing the commission to
9 enter into contracts and other agreements; authorizing
10 the commission to request the assistance of state
11 agencies; requiring the commission to develop and
12 administer a victim assistance program; providing
13 requirements for the program; requiring the commission
14 to establish a grant program; providing requirements
15 for applicants to the grant program and for the award
16 of grants; requiring a grant recipient to provide
17 reports to the commission; requiring a report by the
18 commission to the Governor and the Legislature;
19 requiring the commission to award grants for the
20 establishment of safe houses for domestic victims of
21 human trafficking; providing requirements for safe
22 houses and employees of safe houses; requiring a
23 report on the functioning of a safe house; requiring
24 the Attorney General to create and administer a media
25 campaign for human trafficking awareness; providing
26 requirements for the media campaign; authorizing the
27 commission to accept certain funding; requiring the
28 commission to conduct a survey and report to the
29 Legislature; authorizing the commission to adopt
30 rules; providing an effective date.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. Section 787.065, Florida Statutes, is created to
35 read:
36 787.065 Victims of human trafficking; Commission on the
37 Prevention of Human Trafficking; safe houses.—
38 (1) DEFINITIONS.—As used in this section, the term:
39 (a) “Commission” means the Commission on the Prevention of
40 Human Trafficking.
41 (b) “Domestic victim” means a victim of human trafficking
42 who is a permanent legal resident of this state.
43 (c) “Human trafficking” has the same meaning as provided in
44 s. 787.06.
45 (d) “Qualified professional organization” means a public or
46 nonprofit organization that has the sole purpose of combatting
47 human trafficking and that has at least 7 years of experience
48 combatting human trafficking, including, but not limited to,
49 organizations that engage in public awareness activities,
50 community outreach and education, domestic victim identification
51 services and training, and legal services.
52 (e) “Safe house” means a secure, remote, and undisclosed
53 facility built to house and rehabilitate domestic victims of
54 human trafficking and to provide them with security, medical
55 attention, psychiatric treatment, and job skills training to
56 prepare them to safely and fully reenter society.
57 (2) COMMISSION ON THE PREVENTION OF HUMAN TRAFFICKING.
58 There is established the Commission on the Prevention of Human
59 Trafficking, a board of trustees as defined in s. 20.03, for the
60 purpose of creating and administering a victim assistance
61 program for domestic victims of human trafficking as provided in
62 subsection (3). The commission shall comply with the
63 requirements of s. 20.052, except as otherwise provided in this
64 section, and shall be administratively housed within the Office
65 of the Attorney General.
66 (a) The commission shall be composed of five members, each
67 of whom shall be appointed by and serve at the pleasure of the
68 Governor. The commission shall select one of its members to
69 serve as a chairperson for a 2-year term.
70 (b) Members of the commission shall be appointed for 4-year
71 terms. A member chosen to fill a vacancy that occurs other than
72 by expiration of a term shall be appointed by the Governor for
73 the unexpired term of the member whom such appointee is to
74 succeed. A member of the commission is eligible for
75 reappointment. A vacancy in the commission does not impair the
76 right of the remaining members to exercise the powers of the
77 commission.
78 (c) The commission may enter into contracts or other
79 agreements as necessary to administer this section.
80 (d) The commission may request the assistance of other
81 state agencies in carrying out this section, including, on a
82 reimbursable basis, the provision of personnel and services.
83 (3) VICTIM ASSISTANCE PROGRAM.—The commission shall develop
84 and administer a program designed to assist domestic victims of
85 human trafficking in accessing necessary services. The program
86 must include:
87 (a) A searchable database of assistance programs for
88 domestic victims, including programs that provide mental health
89 and other health services, services to meet victims’ basic
90 needs, case management services, and any other services that the
91 commission deems appropriate. The database must be able to match
92 a victim with services that are appropriate to his or her
93 circumstances.
94 (b) The grant program established in subsection (4).
95 (c) An outreach initiative and training programs designed
96 to increase the awareness of judges, prosecutors, law
97 enforcement personnel, and medical first responders of the needs
98 of domestic victims of human trafficking, the availability of
99 services under this section, the database of programs described
100 in paragraph (a), and potential funding sources for services as
101 provided in subsection (7). The outreach initiative must include
102 a process by which potential victims may be identified at the
103 earliest opportunity in order for the victims to receive
104 information about the program. The commission may seek
105 assistance from the Office of the State Court Administrator, the
106 Department of Law Enforcement, local law enforcement agencies,
107 and qualified professional organizations for the purpose of
108 creating the training programs.
109 (d) Funding for safe houses for the domestic victims of
110 human trafficking pursuant to subsection (5).
111 (4) GRANT PROGRAM.—Subject to available funds, the
112 commission shall establish a grant program to award grants to
113 qualified professional organizations.
114 (a) To apply for a grant under this subsection, an
115 applicant must submit an application in the form and manner as
116 prescribed by the commission. Such application must require an
117 applicant to describe the services that the applicant intends to
118 provide to domestic victims if the grant is awarded.
119 (b) In awarding grants under this subsection, the
120 commission shall give preference to qualified professional
121 organizations that have experience in successfully providing the
122 types of services for which the grants are awarded.
123 (c) A grant recipient shall provide reports as required by
124 the commission regarding the use of grant funds.
125 (d) By December 1 of each even-numbered year, the
126 commission shall submit a report to the Governor, the President
127 of the Senate, and the Speaker of the House of Representatives
128 summarizing the activities, funding, and outcome of grants
129 awarded under this subsection and providing recommendations
130 regarding the grant program.
131 (5) SAFE HOUSES.—The commission shall award grants pursuant
132 to subsection (4) to applicants for the establishment of safe
133 houses for domestic victims of human trafficking.
134 (a) An applicant for such grant must demonstrate that
135 adequate security measures, including adequate facilities,
136 procedures, and personnel capable of preventing violence, are in
137 place for the effective operation of safe house services to
138 domestic victims of human trafficking.
139 1. A safe house established under this subsection must be
140 built on state property that is at least a 45-minute drive from
141 any municipal limits. The safe house must provide 24-hour
142 security and counseling services.
143 2. An employee of a safe house must be a resident of this
144 state and must meet level 2 screening requirements as described
145 in s. 435.04. An employee must sign a confidentiality agreement
146 to not disclose any detail about the safe house, including its
147 location. A breach of such confidentiality agreement is a
148 misdemeanor of the first degree, punishable as provided in s.
149 775.082 or s. 775.083.
150 3. Each safe house must have the capacity to serve 80 to
151 100 domestic victims annually. The programs provided to victims
152 of human trafficking by the safe house must be designed to last
153 3 to 6 months from the time services are first provided and must
154 include, but need not be limited to, the following:
155 a. Medical and dental treatment.
156 b. Psychological review, evaluation, and care.
157 c. Witness protection services.
158 d. Education and career training.
159 e. English as a Second Language courses.
160 f. Therapy programs, including, but not limited to, pet
161 therapy, art therapy, music therapy, and occupational therapy.
162 g. Attorney support.
163 (b) A recipient of a grant under this subsection shall
164 report to the commission by December 1 of each even-numbered
165 year the following:
166 1. The process by which domestic victims of human
167 trafficking are protected during treatment, rehabilitation, or
168 other assistance while the victim is housed in the safe house.
169 2. Safety and security problems occurring during the
170 reporting period and proposed measures to remedy those problems.
171 (6) STATE MEDIA CAMPAIGN.—
172 (a) The Attorney General shall create and administer a
173 media campaign targeted at residents of this state and those who
174 are at risk of human trafficking. Through the media campaign,
175 the Attorney General shall seek to inform the general public and
176 those who are at risk of human trafficking of:
177 1. The existence and magnitude of human trafficking in this
178 state.
179 2. The warning signs indicative of potential human
180 trafficking.
181 3. The proper means for victims of human trafficking to
182 seek help.
183 4. The proper means for witnesses of human trafficking to
184 report suspected instances of trafficking.
185 (b) In order to administer the media campaign, the Attorney
186 General may enlist the assistance of state universities, medical
187 and law schools, and qualified professional organizations.
188 (7) FUNDING.—
189 (a) The commission may accept gifts, grants, bequests, and
190 donations from any sources for purposes consistent with its
191 responsibilities under this section.
192 (b) The commission shall conduct a study regarding
193 additional funding strategies for the victim assistance program
194 established in subsection (3) and report its findings by May 1
195 of each even-numbered year to the President of the Senate and
196 the Speaker of the House of Representatives. The report must
197 include the commission’s finding regarding appropriate revenue
198 streams for the victim assistance program and any proposed
199 legislation regarding revenue for the program.
200 (8) RULES.—The commission may adopt rules to administer
201 this section.
202 Section 2. This act shall take effect July 1, 2014.