Florida Senate - 2019 CS for SB 540 By the Committee on Criminal Justice; and Senator Book 591-02472A-19 2019540c1 1 A bill to be entitled 2 An act relating to human trafficking; creating s. 3 509.096, F.S.; requiring a public lodging 4 establishment to train certain employees and create 5 certain policies relating to human trafficking by a 6 specified date; providing requirements for such 7 training; permitting the Division of Hotels and 8 Restaurants of the Department of Business and 9 Professional Regulation to take disciplinary action 10 against a public lodging establishment for failure to 11 comply with such requirements; providing that this 12 section does not establish a private cause of action 13 against a public lodging establishment; creating s. 14 787.08, F.S.; requiring the Department of Children and 15 Families, in consultation with the Department of Law 16 Enforcement and the Attorney General, to establish a 17 certain direct-support organization; providing 18 requirements for the direct-support organization; 19 requiring the direct-support organization to focus on 20 human trafficking issues by forming strategic 21 partnerships and serving as a liaison with specified 22 public and private sector partners; requiring the 23 direct-support organization to assist agencies in 24 creating training on certain topics; requiring the 25 direct-support organization to provide resources for 26 such training and strategize the funding of inpatient 27 care for victims of human trafficking in treatment 28 centers throughout the state; requiring the direct 29 support organization to operate under a written 30 contract with the Department of Children and Families; 31 providing contractual requirements; providing for the 32 membership of and the appointment of directors to the 33 board of the direct-support organization; providing 34 for future review and repeal by the Legislature; 35 amending s. 796.07, F.S.; requiring that the criminal 36 history record of a person who is convicted of, or 37 enters a plea of guilty or nolo contendere to, 38 soliciting, inducing, enticing, or procuring another 39 to commit prostitution, lewdness, or assignation be 40 added to the Soliciting for Prostitution Registry; 41 requiring the clerk of the court to forward the 42 criminal history record of such persons to the 43 Department of Law Enforcement for certain purposes; 44 creating s. 943.0433, F.S.; requiring the Department 45 of Law Enforcement to create and administer the 46 Soliciting for Prostitution Registry; requiring the 47 department to add certain criminal history records to 48 the registry; requiring the department to adopt rules; 49 amending s. 943.0583, F.S.; creating an exception to a 50 prohibition that bars certain victims of human 51 trafficking from petitioning for the expunction of a 52 criminal history record for offenses committed while 53 the person was a victim of human trafficking as part 54 of the human trafficking scheme or at the direction of 55 an operator of the scheme; creating s. 943.17297, 56 F.S.; requiring each certified law enforcement officer 57 to successfully complete training on identifying and 58 investigating human trafficking before a certain date; 59 requiring that the training be developed in 60 consultation with specified entities; specifying that 61 an officer’s certification shall be inactive if he or 62 she fails to complete the required training until the 63 employing agency notifies the Criminal Justice 64 Standards and Training Commission that the officer has 65 completed the training; providing an effective date. 66 67 Be It Enacted by the Legislature of the State of Florida: 68 69 Section 1. Section 509.096, Florida Statutes, is created to 70 read: 71 509.096 Human trafficking awareness training and policies 72 for employees of public lodging establishments; enforcement.— 73 (1) A public lodging establishment shall: 74 (a) Provide training regarding human trafficking awareness 75 to employees of the establishment who perform housekeeping 76 duties in the rental units or who work at the front desk or 77 reception area where guests ordinarily check-in or check-out. 78 Such training shall be provided within 6 months after employment 79 in that role, or by January 1, 2021, whichever occurs later. 80 Proof of such employee training shall be provided to the 81 division upon request. 82 (b) By January 1, 2021, implement a procedure for the 83 reporting of suspected human trafficking to the National Human 84 Trafficking Hotline or to a local law enforcement agency. 85 (c) By January 1, 2021, post in a conspicuous place in the 86 establishment accessible to employees a sign with the relevant 87 provisions of the reporting procedure provided for in paragraph 88 (b). 89 (2) The human trafficking awareness training required in 90 paragraph (1)(a) shall be submitted to and approved by the 91 division before the training is provided to employees and shall 92 include the following: 93 (a) The definition of human trafficking and the difference 94 between the two forms of human trafficking: sex trafficking and 95 labor trafficking. 96 (b) Guidance specific to the public lodging sector on how 97 to identify individuals who may be victims of human trafficking. 98 (c) Guidance on the role of the employees of a public 99 lodging establishment in reporting and responding to suspected 100 human trafficking. 101 (3) Pursuant to s. 509.261, the division may take 102 disciplinary action against a public lodging establishment that 103 has operated or is operating in violation of this section. 104 (4) This section does not establish a private cause of 105 action. A public lodging establishment shall not be liable for 106 any harm resulting from the failure of an employee to prevent, 107 detect, or report suspected human trafficking if the public 108 lodging establishment was in compliance with the requirements of 109 this section at the time of such harm. 110 Section 2. Section 787.08, Florida Statutes, is created to 111 read: 112 787.08 Direct-support organization.— 113 (1) The Department of Children and Families, in 114 consultation with the Department of Law Enforcement and the 115 Attorney General, shall establish a direct-support organization 116 that is: 117 (a) A Florida corporation, not for profit, incorporated 118 under chapter 617, and approved by the Secretary of State. 119 (b) Organized and operated exclusively to solicit funds; 120 request and receive grants, gifts, and bequests of money; 121 acquire, receive, hold, invest, and administer, in its own name, 122 property and funds; and make expenditures in support of the 123 purposes specified in this section. 124 (c) Certified by the department, after review, to be 125 operating in a manner consistent with the purposes of the 126 organization and in the best interests of the state. 127 (2) The direct-support organization shall focus on human 128 trafficking issues within the state by forming strategic 129 partnerships to foster the development of community and private 130 sector resources and serving as a liaison with state agencies, 131 other state governments, and the public and private sectors. 132 Additionally, the direct-support organization shall assist 133 agencies in creating training on the detection of human 134 trafficking and the best practices of intervention and treatment 135 for survivors of human trafficking. The direct-support 136 organization shall also provide resources for such training, and 137 strategize the funding of inpatient care for victims of human 138 trafficking in treatment centers throughout the state. 139 (3) The direct-support organization shall operate under 140 written contract with the Department of Children and Families. 141 The contract must provide for: 142 (a) Approval of the articles of incorporation and bylaws of 143 the direct-support organization by the department. 144 (b) Submission of an annual budget for approval by the 145 department. 146 (c) Annual certification by the department that the direct 147 support organization is complying with the terms of the contract 148 and operating in a manner consistent with the purposes of the 149 organization and in the best interests of the state. 150 (d) Reversion to the Florida Council Against Sexual 151 Violence of moneys and property held in trust by the direct 152 support organization to provide services for victims of sexual 153 violence if the direct-support organization is no longer 154 approved to operate or ceases to exist. 155 (e) Disclosure of the material provisions of the contract 156 and the distinction between the board of directors and the 157 direct-support organization to donors of gifts, contributions, 158 or bequests, which disclosures must be included in all 159 promotional and fundraising publications. 160 (f) An annual financial audit in accordance with s. 161 215.981. 162 (g) Establishment of the fiscal year of the direct-support 163 organization as beginning on July 1 of each year and ending on 164 June 30 of the following year. 165 (h) Appointment of the board of directors, pursuant to this 166 section. 167 (i) Authority of the board of directors of the direct 168 support organization to hire an executive director. 169 (4) The board of directors of the direct-support 170 organization consists of 13 members. Each member of the board of 171 directors must be appointed to a 4-year term; however, for the 172 purpose of providing staggered terms, the Speaker of the House 173 of Representatives and the President of the Senate shall each 174 initially appoint two members to serve a 2-year term, and the 175 executive director of the Department of Law Enforcement and the 176 Attorney General shall each initially appoint one member to 177 serve a 2-year term. All subsequent appointments must be for 4 178 year terms. Any vacancy that occurs must be filled in the same 179 manner as the original appointment for the unexpired term of 180 that seat. The board of directors is appointed as follows: 181 (a) Two members with a law enforcement background who have 182 knowledge in the area of human trafficking, appointed by the 183 executive director of the Department of Law Enforcement. 184 (b) Three members appointed by the Attorney General. 185 (c) Four members appointed by the Speaker of the House of 186 Representatives. 187 (d) Four members appointed by the President of the Senate. 188 (5) This section is repealed October 1, 2024, unless 189 reviewed and saved from repeal by the Legislature. 190 Section 3. Subsection (5) of section 796.07, Florida 191 Statutes, is amended, and subsection (2) of that section is 192 republished, to read: 193 796.07 Prohibiting prostitution and related acts.— 194 (2) It is unlawful: 195 (a) To own, establish, maintain, or operate any place, 196 structure, building, or conveyance for the purpose of lewdness, 197 assignation, or prostitution. 198 (b) To offer, or to offer or agree to secure, another for 199 the purpose of prostitution or for any other lewd or indecent 200 act. 201 (c) To receive, or to offer or agree to receive, any person 202 into any place, structure, building, or conveyance for the 203 purpose of prostitution, lewdness, or assignation, or to permit 204 any person to remain there for such purpose. 205 (d) To direct, take, or transport, or to offer or agree to 206 direct, take, or transport, any person to any place, structure, 207 or building, or to any other person, with knowledge or 208 reasonable cause to believe that the purpose of such directing, 209 taking, or transporting is prostitution, lewdness, or 210 assignation. 211 (e) For a person 18 years of age or older to offer to 212 commit, or to commit, or to engage in, prostitution, lewdness, 213 or assignation. 214 (f) To solicit, induce, entice, or procure another to 215 commit prostitution, lewdness, or assignation. 216 (g) To reside in, enter, or remain in, any place, 217 structure, or building, or to enter or remain in any conveyance, 218 for the purpose of prostitution, lewdness, or assignation. 219 (h) To aid, abet, or participate in any of the acts or 220 things enumerated in this subsection. 221 (i) To purchase the services of any person engaged in 222 prostitution. 223 (5)(a) A person who violates paragraph (2)(f) commits: 224 1. A misdemeanor of the first degree for a first violation, 225 punishable as provided in s. 775.082 or s. 775.083. 226 2. A felony of the third degree for a second violation, 227 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 228 3. A felony of the second degree for a third or subsequent 229 violation, punishable as provided in s. 775.082, s. 775.083, or 230 s. 775.084. 231 (b) In addition to any other penalty imposed, the court 232 shall order a person convicted of a violation of paragraph 233 (2)(f) to: 234 1. Perform 100 hours of community service; and 235 2. Pay for and attend an educational program about the 236 negative effects of prostitution and human trafficking, such as 237 a sexual violence prevention education program, including such 238 programs offered by faith-based providers, if such programs 239 exist in the judicial circuit in which the offender is 240 sentenced. 241 (c) In addition to any other penalty imposed, the court 242 shall sentence a person convicted of a second or subsequent 243 violation of paragraph (2)(f) to a minimum mandatory period of 244 incarceration of 10 days. 245 (d)1. If a person who violates paragraph (2)(f) uses a 246 vehicle in the course of the violation, the judge, upon the 247 person’s conviction, may issue an order for the impoundment or 248 immobilization of the vehicle for a period of up to 60 days. The 249 order of impoundment or immobilization must include the names 250 and telephone numbers of all immobilization agencies meeting all 251 of the conditions of s. 316.193(13). Within 7 business days 252 after the date that the court issues the order of impoundment or 253 immobilization, the clerk of the court must send notice by 254 certified mail, return receipt requested, to the registered 255 owner of the vehicle, if the registered owner is a person other 256 than the defendant, and to each person of record claiming a lien 257 against the vehicle. 258 2. The owner of the vehicle may request the court to 259 dismiss the order. The court must dismiss the order, and the 260 owner of the vehicle will incur no costs, if the owner of the 261 vehicle alleges and the court finds to be true any of the 262 following: 263 a. The owner’s family has no other private or public means 264 of transportation; 265 b. The vehicle was stolen at the time of the offense; 266 c. The owner purchased the vehicle after the offense was 267 committed, and the sale was not made to circumvent the order and 268 allow the defendant continued access to the vehicle; or 269 d. The vehicle is owned by the defendant but is operated 270 solely by employees of the defendant or employees of a business 271 owned by the defendant. 272 3. If the court denies the request to dismiss the order, 273 the petitioner may request an evidentiary hearing. If, at the 274 evidentiary hearing, the court finds to be true any of the 275 circumstances described in sub-subparagraphs (d)2.a.-d., the 276 court must dismiss the order and the owner of the vehicle will 277 incur no costs. 278 (e) The criminal history record of a person who violates 279 paragraph (2)(f) and is found guilty as a result of a trial or 280 enters a plea of guilty or nolo contendere, regardless of 281 whether adjudication is withheld, must be added to the 282 Soliciting for Prostitution Registry. Upon the person’s 283 conviction, the clerk of the court shall forward the criminal 284 history record of the convicted person to the Department of Law 285 Enforcement for inclusion in the Soliciting for Prostitution 286 Registry. 287 Section 4. Section 943.0433, Florida Statutes, is created 288 to read: 289 943.0433 Soliciting for Prostitution Registry.— 290 (1) The department shall create and administer the 291 Soliciting for Prostitution Registry. The clerk of the court 292 shall forward to the department the criminal history record of a 293 person in accordance with s. 796.07(5)(e), and the department 294 must add the criminal history record to the registry. 295 (2) The department shall adopt rules to administer this 296 section. 297 Section 5. Subsection (3) of section 943.0583, Florida 298 Statutes, is amended to read: 299 943.0583 Human trafficking victim expunction.— 300 (3) A person who is a victim of human trafficking may 301 petition for the expunction of a criminal history record 302 resulting from the arrest or filing of charges for an offense 303 committed or reported to have been committed while the person 304 was a victim of human trafficking, which offense was committed 305 or reported to have been committed as a part of the human 306 trafficking scheme of which the person was a victim or at the 307 direction of an operator of the scheme, including, but not 308 limited to, violations under chapters 796 and 847, without 309 regard to the disposition of the arrest or of any charges. 310 However, this section does not apply to any offense listed in s. 311 775.084(1)(b)1., except for kidnapping. Determination of the 312 petition under this section should be by a preponderance of the 313 evidence. A conviction expunged under this section is deemed to 314 have been vacated due to a substantive defect in the underlying 315 criminal proceedings. If a person is adjudicated not guilty by 316 reason of insanity or is found to be incompetent to stand trial 317 for any such charge, the expunction of the criminal history 318 record may not prevent the entry of the judgment or finding in 319 state and national databases for use in determining eligibility 320 to purchase or possess a firearm or to carry a concealed 321 firearm, as authorized in s. 790.065(2)(a)4.c. and 18 U.S.C. s. 322 922(t), nor shall it prevent any governmental agency that is 323 authorized by state or federal law to determine eligibility to 324 purchase or possess a firearm or to carry a concealed firearm 325 from accessing or using the record of the judgment or finding in 326 the course of such agency’s official duties. 327 Section 6. Section 943.17297, Florida Statutes, is created 328 to read: 329 943.17297 Training in identifying and investigating human 330 trafficking.—Each certified law enforcement officer must 331 successfully complete four hours of training on identifying and 332 investigating human trafficking as a part of the basic recruit 333 training of the officer required in s. 943.13(9) or continuing 334 education under s. 943.135(1) before July 1, 2022. The training 335 must be developed by the commission in consultation with the 336 Department of Children and Families and the Statewide Council on 337 Human Trafficking. If an officer fails to complete the required 338 training, his or her certification shall be inactive until the 339 employing agency notifies the commission that the officer has 340 completed the training. 341 Section 7. This act shall take effect July 1, 2019.