Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 540
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Criminal Justice (Perry) recommended the
    1         Senate Substitute for Amendment (494714) (with title
    2  amendment)
    4         Delete lines 64 - 109
    5  and insert:
    6  for employees of public lodging establishments; enforcement.—
    7         (1) A public lodging establishment shall:
    8         (a) Provide training regarding human trafficking awareness
    9  to employees of the establishment who perform housekeeping
   10  duties in the rental units or who work at the front desk or
   11  reception area where guests ordinarily check-in or check-out.
   12  Such training shall be provided within 6 months after employment
   13  in that role, or by January 1, 2021, whichever occurs later.
   14  Proof of such employee training shall be provided to the
   15  division upon request.
   16         (b) By January 1, 2021, implement a procedure for the
   17  reporting of suspected human trafficking to the National Human
   18  Trafficking Hotline or to a local law enforcement agency.
   19         (c) By January 1, 2021, post in a conspicuous place in the
   20  establishment accessible to employees a sign with the relevant
   21  provisions of the reporting procedure provided for in paragraph
   22  (b).
   23         (2) The human trafficking awareness training required in
   24  paragraph (1)(a) shall be submitted to and approved by the
   25  division before the training is provided to employees and shall
   26  include the following:
   27         (a) The definition of human trafficking and the difference
   28  between the two forms of human trafficking: sex trafficking and
   29  labor trafficking.
   30         (b) Guidance specific to the public lodging sector on how
   31  to identify individuals who may be victims of human trafficking.
   32         (c) Guidance on the role of the employees of a public
   33  lodging establishment in reporting and responding to suspected
   34  human trafficking.
   35         (3) Pursuant to s. 509.261, the division may take
   36  disciplinary action against a public lodging establishment that
   37  has operated or is operating in violation of this section.
   38         (4) This section does not establish a private cause of
   39  action. A public lodging establishment shall not be liable for
   40  any harm resulting from the failure of an employee to prevent,
   41  detect, or report suspected human trafficking if the public
   42  lodging establishment was in compliance with the requirements of
   43  this section at the time of such harm.
   44         Section 2. Section 787.08, Florida Statutes, is created to
   45  read:
   46         787.08 Direct-support organization.—
   47         (1) The Department of Children and Families, in
   48  consultation with the Department of Law Enforcement and the
   49  Attorney General, shall establish a direct-support organization
   50  that is:
   51         (a) A Florida corporation, not for profit, incorporated
   52  under chapter 617 and approved by the Secretary of State.
   53         (b) Organized and operated exclusively to solicit funds;
   54  request and receive grants, gifts, and bequests of money;
   55  acquire, receive, hold, invest, and administer, in its own name,
   56  property and funds; and make expenditures in support of the
   57  purposes specified in this section.
   58         (c) Certified by the department, after review, to be
   59  operating in a manner consistent with the purposes of the
   60  organization and in the best interests of the state.
   61         (2) The direct-support organization shall focus on human
   62  trafficking issues within the state by forming strategic
   63  partnerships to foster the development of community and private
   64  sector resources and serving as a liaison with state agencies,
   65  other state governments, and the public and private sectors.
   66  Additionally, the direct-support organization shall assist
   67  agencies in creating training on the detection of human
   68  trafficking and the best practices of intervention and treatment
   69  for survivors of human trafficking. The direct-support
   70  organization shall also provide resources for such training, and
   71  strategize the funding of inpatient care for victims of human
   72  trafficking in treatment centers throughout the state.
   74  ================= T I T L E  A M E N D M E N T ================
   75  And the title is amended as follows:
   76         Delete lines 3 - 20
   77  and insert:
   78         509.096, F.S.; requiring a public lodging
   79         establishment to train certain employees and create
   80         certain policies relating to human trafficking by a
   81         specified date; providing requirements for such
   82         training; permitting the Division of Hotels and
   83         Restaurants of the Department of Business and
   84         Professional Regulation to take disciplinary action
   85         against a public lodging establishment for failure to
   86         comply with such requirements; providing that this
   87         section does not establish a private cause of action
   88         against a public lodging establishment; creating s.
   89         787.08, F.S.; requiring the Department of Children and
   90         Families, in consultation with the Department of Law
   91         Enforcement and the Attorney General, to establish a
   92         certain direct-support organization; providing
   93         requirements for the direct-support organization;
   94         requiring the direct-support organization to focus on
   95         human trafficking issues by forming strategic
   96         partnerships and serving as a liaison with specified
   97         public and private sector partners; requiring the
   98         direct-support organization to assist agencies in
   99         creating training on certain topics; requiring the
  100         direct-support organization to provide resources for
  101         such training and strategize the funding of inpatient
  102         care for victims of human trafficking in treatment
  103         centers throughout the state; requiring the direct
  104         support organization