Florida Senate - 2019                       CS for CS for SB 540
       
       
        
       By the Committees on Community Affairs; and Criminal Justice;
       and Senators Book and Berman
       
       
       
       
       578-02972-19                                           2019540c2
    1                        A bill to be entitled                      
    2         An act relating to human trafficking; creating s.
    3         16.618, F.S.; requiring the Department of Legal
    4         Affairs to establish a certain direct-support
    5         organization; providing requirements for the direct
    6         support organization; requiring the direct-support
    7         organization to operate under written contract with
    8         the department; providing contractual requirements;
    9         providing for the membership of and the appointment of
   10         directors to the board of directors of the direct
   11         support organization; requiring the direct-support
   12         organization, in conjunction with the Statewide
   13         Council on Human Trafficking, to form certain
   14         partnerships for specified purposes; authorizing the
   15         department to allow appropriate use of department
   16         property, facilities, and personnel by the direct
   17         support organization; providing requirements and
   18         conditions for such use of department property,
   19         facilities, and personnel by the direct-support
   20         organization; authorizing the direct-support
   21         organization to engage in certain activities for the
   22         direct or indirect benefit of the council; providing
   23         for moneys received by the direct-support
   24         organization; prohibiting certain persons and
   25         employees from receiving specified benefits as they
   26         relate to the council or the direct-support
   27         organization; authorizing the department to terminate
   28         its agreement with the direct-support organization if
   29         the department determines that the direct-support
   30         organization does not meet specified objectives;
   31         providing for future review and repeal by the
   32         Legislature; amending s. 480.043, F.S.; requiring a
   33         massage establishment to train certain employees and
   34         create certain policies relating to human trafficking
   35         by a specified date; providing requirements for such
   36         training; requiring the Board of Massage Therapy to
   37         take disciplinary action against a massage
   38         establishment for failure to comply with such
   39         requirements; providing that this section does not
   40         establish a private cause of action against a massage
   41         establishment under certain circumstances; creating s.
   42         509.096, F.S.; requiring a public lodging
   43         establishment to train certain employees and create
   44         certain policies relating to human trafficking by a
   45         specified date; providing requirements for such
   46         training; requiring the Division of Hotels and
   47         Restaurants of the Department of Business and
   48         Professional Regulation to take disciplinary action
   49         against a public lodging establishment for failure to
   50         comply with such requirements; providing that this
   51         section does not establish a private cause of action
   52         against a public lodging establishment under certain
   53         circumstances; amending s. 796.07, F.S.; requiring
   54         that the criminal history record of a person who is
   55         convicted of, or who enters a plea of guilty or nolo
   56         contendere to, soliciting, inducing, enticing, or
   57         procuring another to commit prostitution, lewdness, or
   58         assignation be added to the Soliciting for
   59         Prostitution Public Database; requiring the clerk of
   60         the court to forward the criminal history record of
   61         such persons to the Department of Law Enforcement for
   62         certain purposes; creating s. 943.0433, F.S.;
   63         requiring the Department of Law Enforcement to create
   64         and administer the Soliciting for Prostitution Public
   65         Database; requiring the department to add certain
   66         criminal history records to the database; requiring
   67         the department to automatically remove certain
   68         criminal history records from the database under
   69         certain circumstances; prohibiting the department from
   70         removing certain criminal history records from the
   71         database under certain circumstances; requiring the
   72         database to include specified information on
   73         offenders; requiring the department to adopt rules;
   74         amending s. 943.0583, F.S.; creating an exception to a
   75         prohibition that bars certain victims of human
   76         trafficking from petitioning for the expunction of a
   77         criminal history record for offenses committed while
   78         the person was a victim of human trafficking as part
   79         of the human trafficking scheme or at the direction of
   80         an operator of the scheme; creating s. 943.17297,
   81         F.S.; requiring each certified law enforcement officer
   82         to successfully complete training on identifying and
   83         investigating human trafficking before a certain date;
   84         requiring that the training be developed in
   85         consultation with specified entities; specifying that
   86         an officer’s certification shall be inactive if he or
   87         she fails to complete the required training until the
   88         employing agency notifies the Criminal Justice
   89         Standards and Training Commission that the officer has
   90         completed the training; providing effective dates.
   91  
   92         WHEREAS, the state of Florida is ranked third nationally
   93  for human trafficking abuses, and the Legislature recognizes
   94  that the crime of human trafficking is a gross violation of
   95  human rights, and has taken measures to raise awareness of the
   96  practices of human sex trafficking and of labor trafficking of
   97  children and adults in this state, and
   98         WHEREAS, the Legislature deems it critical to the health,
   99  safety, and welfare of the people in this state to prevent and
  100  deter human trafficking networks, and persons who would aid and
  101  abet these networks, from operating in this state, and
  102         WHEREAS, repeat offenses to aid and abet traffickers by way
  103  of recruitment or financial support, and clients of human
  104  trafficking networks who use physical violence, are a
  105  particularly extreme threat to public safety, and
  106         WHEREAS, repeat offenders are extremely likely to use
  107  violence and to repeat their offenses, and to commit many
  108  offenses with many victims, many of whom are never given
  109  justice, and these offenders are only prosecuted for a small
  110  fraction of their crimes, and
  111         WHEREAS, traffickers and clients of human trafficking
  112  networks often use hotels, motels, public lodging
  113  establishments, massage establishments, spas, or property rental
  114  sharing sites to acquire facilities wherein men, women, and
  115  children are coerced into performing sexual acts, which places
  116  the employees of these establishments in direct and frequent
  117  contact with victims of human trafficking, and
  118         WHEREAS, this state is in critical need of a coordinated
  119  and collaborative human trafficking law enforcement response to
  120  prepare for future large-scale events taking place in this
  121  state, and the Legislature finds that a statewide effort focused
  122  on law enforcement training, detection, and enforcement, with
  123  additional focus on the safe rehabilitation of survivors, will
  124  benefit such critical need, and
  125         WHEREAS, research from 2011 has demonstrated that a
  126  majority of human trafficker’s clients are not interviewed by
  127  law enforcement, despite having extensive knowledge of the
  128  traffickers and the traffickers’ practices, and are even used as
  129  recruiters for traffickers, and
  130         WHEREAS, human trafficker’s clients who were interviewed in
  131  the same 2011 research stated that they would think twice about
  132  purchasing sex from a victim of human trafficking if they were
  133  named on a public database, and
  134         WHEREAS, client and trafficker anonymity has allowed for
  135  trafficking networks to continue in the shadows, and the
  136  publication of client and trafficker identities would protect
  137  the public from potential harm and protect victims of
  138  trafficking from future harm, NOW, THEREFORE,
  139  
  140  Be It Enacted by the Legislature of the State of Florida:
  141  
  142         Section 1. Section 16.618, Florida Statutes, is created to
  143  read:
  144         16.618Direct-support organization.—
  145         (1) The Department of Legal Affairs shall establish a
  146  direct-support organization to provide assistance, funding, and
  147  support to the Statewide Council on Human Trafficking and to
  148  assist in the fulfillment of the council’s purposes. The direct
  149  support organization must be:
  150         (a) A Florida corporation, not for profit, incorporated
  151  under chapter 617, and approved by the Secretary of State;
  152         (b) Organized and operated exclusively to solicit funds;
  153  request and receive grants, gifts, and bequests of money;
  154  acquire, receive, hold, invest, and administer, in its own name,
  155  property and funds; and make expenditures in support of the
  156  purposes specified in this section; and
  157         (c) Certified by the department, after review, to be
  158  operating in a manner consistent with the purposes of the
  159  organization and in the best interests of this state.
  160         (2) The direct-support organization shall operate under
  161  written contract with the department. The contract must provide
  162  for all of the following:
  163         (a) Approval of the articles of incorporation and bylaws of
  164  the direct-support organization by the department.
  165         (b) Submission of an annual budget for approval by the
  166  department.
  167         (c) Annual certification by the department that the direct
  168  support organization is complying with the terms of the contract
  169  and is operating in a manner consistent with the purposes of the
  170  organization and in the best interests of this state.
  171         (d) Reversion to the Florida Council Against Sexual
  172  Violence of moneys and property held in trust by the direct
  173  support organization if the direct-support organization is no
  174  longer approved to operate or if it ceases to exist.
  175         (e) Disclosure of the material provisions of the contract
  176  and the distinction between the board of directors and the
  177  direct-support organization to donors of gifts, contributions,
  178  or bequests, which disclosures must be included in all
  179  promotional and fundraising publications.
  180         (f) An annual financial audit in accordance with s.
  181  215.981.
  182         (g) Establishment of the fiscal year of the direct-support
  183  organization as beginning on July 1 of each year and ending on
  184  June 30 of the following year.
  185         (h) Appointment of the board of directors, pursuant to this
  186  section.
  187         (i) Authority of the board of directors of the direct
  188  support organization to hire an executive director.
  189         (3) The board of directors of the direct-support
  190  organization shall consist of seven members. Each member of the
  191  board of directors shall be appointed to a 4-year term; however,
  192  for the purpose of providing staggered terms, the appointee of
  193  the President of the Senate and the appointee of the Speaker of
  194  the House of Representatives shall each initially be appointed
  195  to a 2-year term, and the Attorney General shall initially
  196  appoint two members to serve 2-year terms. All subsequent
  197  appointments shall be for 4-year terms. Any vacancy that occurs
  198  must be filled in the same manner as the original appointment
  199  and is for the unexpired term of that seat. The board of
  200  directors shall be appointed as follows:
  201         (a)Four members appointed by the Attorney General, one of
  202  which must be a survivor of human trafficking and one of which
  203  must be a mental health expert.
  204         (b)One member appointed by the Governor.
  205         (c)One member appointed by the President of the Senate.
  206         (d)One member appointed by the Speaker of the House of
  207  Representatives.
  208         (4)In conjunction with the Statewide Council on Human
  209  Trafficking, and funded exclusively by the direct-support
  210  organization, the direct-support organization shall form
  211  strategic partnerships to foster the development of community
  212  and private sector resources to advance the goals of the
  213  council.
  214         (5) The direct-support organization shall consider the
  215  participation of counties and municipalities in this state which
  216  demonstrate a willingness to participate and an ability to be
  217  successful in any programs funded by the direct-support
  218  organization.
  219         (6)(a)The department may authorize the appropriate use
  220  without charge, of the department’s property, facilities, and
  221  personnel by the direct-support organization. The use must be
  222  for the approved purposes of the direct-support organization and
  223  may not be made at times or places that would unreasonably
  224  interfere with opportunities for the general public to use
  225  departmental facilities.
  226         (b)The department shall prescribe by agreement conditions
  227  with which the direct-support organization must comply in order
  228  to use department property, facilities, or personnel. Such
  229  conditions must provide for budget and audit review and
  230  oversight by the department.
  231         (c)The department may not authorize the use of property,
  232  facilities, or personnel of the council, department, or
  233  designated program by the direct-support organization which does
  234  not provide equal employment opportunities to all persons
  235  regardless of race, color, religion, sex, age, or national
  236  origin.
  237         (7)(a)The direct-support organization may conduct programs
  238  and activities; raise funds; request and receive grants, gifts,
  239  and bequests of money; acquire, receive, hold, invest, and
  240  administer, in its own name, securities, funds, objects of
  241  value, or other property, real or personal; and make
  242  expenditures to or for the direct or indirect benefit of the
  243  council or designated program.
  244         (b)Notwithstanding s. 287.025(1)(e), the direct-support
  245  organization may enter into contracts to insure the property of
  246  the council or designated programs and may insure objects or
  247  collections on loan from other entities in satisfying security
  248  terms of the lender.
  249         (8)A departmental employee, a direct-support organization
  250  or council employee, a volunteer, or a director or a designated
  251  program may not:
  252         (a)Receive a commission, fee, or financial benefit in
  253  connection with serving on the council; or
  254         (b)Be a business associate of any individual, firm, or
  255  organization involved in the sale or the exchange of real or
  256  personal property to the direct-support organization, the
  257  council, or a designated program.
  258         (9)All moneys received by the direct-support organization
  259  shall be deposited into an account of the direct-support
  260  organization and shall be used in a manner consistent with the
  261  goals of the council or designated program.
  262         (10)The department may terminate its agreement with the
  263  direct-support organization at any time if the department
  264  determines that the direct-support organization does not meet
  265  the objectives of this section.
  266         (11) This section is repealed October 1, 2024, unless
  267  reviewed and saved from repeal by the Legislature.
  268         Section 2. Section 480.043, Florida Statutes, is amended to
  269  read:
  270         480.043 Massage establishments; requisites; licensure;
  271  inspection; human trafficking awareness training and policies;
  272  enforcement.—
  273         (1) No massage establishment shall be allowed to operate
  274  without a license granted by the department in accordance with
  275  rules adopted by the board.
  276         (2) A person who has an ownership interest in an
  277  establishment shall submit to the background screening
  278  requirements under s. 456.0135. However, if a corporation
  279  submits proof of having more than $250,000 of business assets in
  280  this state, the department shall require the owner, officer, or
  281  individual directly involved in the management of the
  282  establishment to submit to the background screening requirements
  283  of s. 456.0135. The department may adopt rules regarding the
  284  type of proof that may be submitted by a corporation.
  285         (3) The board shall adopt rules governing the operation of
  286  establishments and their facilities, personnel, safety and
  287  sanitary requirements, financial responsibility, insurance
  288  coverage, and the license application and granting process.
  289         (4) Any person, firm, or corporation desiring to operate a
  290  massage establishment in the state shall submit to the
  291  department an application, upon forms provided by the
  292  department, accompanied by any information requested by the
  293  department and an application fee.
  294         (5) Upon receiving the application, the department may
  295  cause an investigation to be made of the proposed massage
  296  establishment.
  297         (6) If, based upon the application and any necessary
  298  investigation, the department determines that the proposed
  299  establishment would fail to meet the standards adopted by the
  300  board under subsection (3), the department shall deny the
  301  application for license. Such denial shall be in writing and
  302  shall list the reasons for denial. Upon correction of any
  303  deficiencies, an applicant previously denied permission to
  304  operate a massage establishment may reapply for licensure.
  305         (7) If, based upon the application and any necessary
  306  investigation, the department determines that the proposed
  307  massage establishment may reasonably be expected to meet the
  308  standards adopted by the department under subsection (3), the
  309  department shall grant the license under such restrictions as it
  310  shall deem proper as soon as the original licensing fee is paid.
  311         (8) The department shall deny an application for a new or
  312  renewal license if a person with an ownership interest in the
  313  establishment or, for a corporation that has more than $250,000
  314  of business assets in this state, the owner, officer, or
  315  individual directly involved in the management of the
  316  establishment has been convicted or found guilty of, or entered
  317  a plea of guilty or nolo contendere to, regardless of
  318  adjudication, a violation of s. 796.07(2)(a) which is
  319  reclassified under s. 796.07(7) or a felony offense under any of
  320  the following provisions of state law or a similar provision in
  321  another jurisdiction:
  322         (a) Section 787.01, relating to kidnapping.
  323         (b) Section 787.02, relating to false imprisonment.
  324         (c) Section 787.025, relating to luring or enticing a
  325  child.
  326         (d) Section 787.06, relating to human trafficking.
  327         (e) Section 787.07, relating to human smuggling.
  328         (f) Section 794.011, relating to sexual battery.
  329         (g) Section 794.08, relating to female genital mutilation.
  330         (h) Former s. 796.03, relating to procuring a person under
  331  the age of 18 for prostitution.
  332         (i) Former s. 796.035, relating to selling or buying of
  333  minors into prostitution.
  334         (j) Section 796.04, relating to forcing, compelling, or
  335  coercing another to become a prostitute.
  336         (k) Section 796.05, relating to deriving support from the
  337  proceeds of prostitution.
  338         (l) Section 796.07(4)(a)3., relating to a felony of the
  339  third degree for a third or subsequent violation of s. 796.07,
  340  relating to prohibiting prostitution and related acts.
  341         (m) Section 800.04, relating to lewd or lascivious offenses
  342  committed upon or in the presence of persons less than 16 years
  343  of age.
  344         (n) Section 825.1025(2)(b), relating to lewd or lascivious
  345  offenses committed upon or in the presence of an elderly or
  346  disabled person.
  347         (o) Section 827.071, relating to sexual performance by a
  348  child.
  349         (p) Section 847.0133, relating to the protection of minors.
  350         (q) Section 847.0135, relating to computer pornography.
  351         (r) Section 847.0138, relating to the transmission of
  352  material harmful to minors to a minor by electronic device or
  353  equipment.
  354         (s) Section 847.0145, relating to the selling or buying of
  355  minors.
  356         (9)(a) Once issued, no license for operation of a massage
  357  establishment may be transferred from one owner to another.
  358         (b) A license may be transferred from one location to
  359  another only after inspection and approval by the board and
  360  receipt of an application and inspection fee set by rule of the
  361  board, not to exceed $125.
  362         (c) A license may be transferred from one business name to
  363  another after approval by the board and receipt of an
  364  application fee set by rule of the board, not to exceed $25.
  365         (10) Renewal of license registration for massage
  366  establishments shall be accomplished pursuant to rules adopted
  367  by the board. The board is further authorized to adopt rules
  368  governing delinquent renewal of licenses and may impose penalty
  369  fees for delinquent renewal.
  370         (11) The board is authorized to adopt rules governing the
  371  periodic inspection of massage establishments licensed under
  372  this act.
  373         (12) A person with an ownership interest in or, for a
  374  corporation that has more than $250,000 of business assets in
  375  this state, the owner, officer, or individual directly involved
  376  in the management of an establishment that was issued a license
  377  before July 1, 2014, shall submit to the background screening
  378  requirements of s. 456.0135 before January 31, 2015.
  379         (13)(a) A massage establishment shall:
  380         1. Provide training regarding human trafficking awareness
  381  to massage therapists and employees of the establishment who
  382  ordinarily interact with guests. Such training must be provided
  383  to such massage therapists and employees within 6 months after
  384  their employment in that role, or by January 1, 2021, whichever
  385  occurs later. Proof of such employee training must be provided
  386  to the board upon request.
  387         2. By January 1, 2021, implement a procedure for the
  388  reporting of suspected human trafficking to the National Human
  389  Trafficking Hotline or to a local law enforcement agency.
  390         3. By January 1, 2021, post in a conspicuous place in the
  391  establishment which is accessible to employees a sign with the
  392  relevant provisions of the reporting procedure provided for in
  393  subparagraph 2.
  394         (b) The human trafficking awareness training required under
  395  subparagraph 1. must be submitted to and approved by the
  396  department before the training is provided to employees and must
  397  include the following:
  398         1. The definition of human trafficking and the difference
  399  between the two forms of human trafficking: sex trafficking and
  400  labor trafficking.
  401         2. Guidance specific to the massage establishment sector
  402  concerning how to identify individuals who may be victims of
  403  human trafficking.
  404         3. Guidance concerning the role of the employees of a
  405  massage establishment in reporting and responding to suspected
  406  human trafficking.
  407         (c) The board must take disciplinary action against a
  408  massage establishment that has operated or that is operating in
  409  violation of this section.
  410         (d) This section does not establish a private cause of
  411  action. A massage establishment is not liable for any harm
  412  resulting from the failure of an employee to prevent, detect, or
  413  report suspected human trafficking if the massage establishment
  414  was in compliance with the requirements of this section at the
  415  time of such harm.
  416         (14)(13) This section does not apply to a physician
  417  licensed under chapter 458, chapter 459, or chapter 460 who
  418  employs a licensed massage therapist to perform massage on the
  419  physician’s patients at the physician’s place of practice. This
  420  subsection does not restrict investigations by the department
  421  for violations of chapter 456 or this chapter.
  422         Section 3. Section 509.096, Florida Statutes, is created to
  423  read:
  424         509.096 Human trafficking awareness training and policies
  425  for employees of public lodging establishments; enforcement.—
  426         (1) A public lodging establishment shall:
  427         (a) Provide training regarding human trafficking awareness
  428  to employees of the establishment who perform housekeeping
  429  duties in the rental units or who work at the front desk or
  430  reception area where guests ordinarily check-in or check-out.
  431  Such training must be provided to such employees within 6 months
  432  after their employment in that role, or by January 1, 2020,
  433  whichever occurs later. Proof of such employee training must be
  434  provided to the division upon request.
  435         (b) By January 1, 2020, implement a procedure for the
  436  reporting of suspected human trafficking to the National Human
  437  Trafficking Hotline or to a local law enforcement agency.
  438         (c) By January 1, 2020, post in a conspicuous place in the
  439  establishment which is accessible to employees a sign with the
  440  relevant provisions of the reporting procedure provided for in
  441  paragraph (b).
  442         (2) The human trafficking awareness training required under
  443  paragraph (1)(a) must be submitted to and approved by the
  444  division before the training is provided to employees and must
  445  include all of the following:
  446         (a) The definition of human trafficking and the difference
  447  between the two forms of human trafficking: sex trafficking and
  448  labor trafficking.
  449         (b) Guidance specific to the public lodging sector
  450  concerning how to identify individuals who may be victims of
  451  human trafficking.
  452         (c) Guidance concerning the role of the employees of a
  453  public lodging establishment in reporting and responding to
  454  suspected human trafficking.
  455         (3) Pursuant to s. 509.261, the division must take
  456  disciplinary action against a public lodging establishment that
  457  has operated or that is operating in violation of this section.
  458         (4) This section does not establish a private cause of
  459  action. A public lodging establishment is not liable for any
  460  harm resulting from the failure of an employee to prevent,
  461  detect, or report suspected human trafficking if the public
  462  lodging establishment was in compliance with the requirements of
  463  this section at the time of such harm.
  464         Section 4. Effective October 1, 2019, subsection (5) of
  465  section 796.07, Florida Statutes, is amended, and subsection (2)
  466  of that section is republished, to read:
  467         796.07 Prohibiting prostitution and related acts.—
  468         (2) It is unlawful:
  469         (a) To own, establish, maintain, or operate any place,
  470  structure, building, or conveyance for the purpose of lewdness,
  471  assignation, or prostitution.
  472         (b) To offer, or to offer or agree to secure, another for
  473  the purpose of prostitution or for any other lewd or indecent
  474  act.
  475         (c) To receive, or to offer or agree to receive, any person
  476  into any place, structure, building, or conveyance for the
  477  purpose of prostitution, lewdness, or assignation, or to permit
  478  any person to remain there for such purpose.
  479         (d) To direct, take, or transport, or to offer or agree to
  480  direct, take, or transport, any person to any place, structure,
  481  or building, or to any other person, with knowledge or
  482  reasonable cause to believe that the purpose of such directing,
  483  taking, or transporting is prostitution, lewdness, or
  484  assignation.
  485         (e) For a person 18 years of age or older to offer to
  486  commit, or to commit, or to engage in, prostitution, lewdness,
  487  or assignation.
  488         (f) To solicit, induce, entice, or procure another to
  489  commit prostitution, lewdness, or assignation.
  490         (g) To reside in, enter, or remain in, any place,
  491  structure, or building, or to enter or remain in any conveyance,
  492  for the purpose of prostitution, lewdness, or assignation.
  493         (h) To aid, abet, or participate in any of the acts or
  494  things enumerated in this subsection.
  495         (i) To purchase the services of any person engaged in
  496  prostitution.
  497         (5)(a) A person who violates paragraph (2)(f) commits:
  498         1. A misdemeanor of the first degree for a first violation,
  499  punishable as provided in s. 775.082 or s. 775.083.
  500         2. A felony of the third degree for a second violation,
  501  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  502         3. A felony of the second degree for a third or subsequent
  503  violation, punishable as provided in s. 775.082, s. 775.083, or
  504  s. 775.084.
  505         (b) In addition to any other penalty imposed, the court
  506  shall order a person convicted of a violation of paragraph
  507  (2)(f) to:
  508         1. Perform 100 hours of community service; and
  509         2. Pay for and attend an educational program about the
  510  negative effects of prostitution and human trafficking, such as
  511  a sexual violence prevention education program, including such
  512  programs offered by faith-based providers, if such programs
  513  exist in the judicial circuit in which the offender is
  514  sentenced.
  515         (c) In addition to any other penalty imposed, the court
  516  shall sentence a person convicted of a second or subsequent
  517  violation of paragraph (2)(f) to a minimum mandatory period of
  518  incarceration of 10 days.
  519         (d)1. If a person who violates paragraph (2)(f) uses a
  520  vehicle in the course of the violation, the judge, upon the
  521  person’s conviction, may issue an order for the impoundment or
  522  immobilization of the vehicle for a period of up to 60 days. The
  523  order of impoundment or immobilization must include the names
  524  and telephone numbers of all immobilization agencies meeting all
  525  of the conditions of s. 316.193(13). Within 7 business days
  526  after the date that the court issues the order of impoundment or
  527  immobilization, the clerk of the court must send notice by
  528  certified mail, return receipt requested, to the registered
  529  owner of the vehicle, if the registered owner is a person other
  530  than the defendant, and to each person of record claiming a lien
  531  against the vehicle.
  532         2. The owner of the vehicle may request the court to
  533  dismiss the order. The court must dismiss the order, and the
  534  owner of the vehicle will incur no costs, if the owner of the
  535  vehicle alleges and the court finds to be true any of the
  536  following:
  537         a. The owner’s family has no other private or public means
  538  of transportation;
  539         b. The vehicle was stolen at the time of the offense;
  540         c. The owner purchased the vehicle after the offense was
  541  committed, and the sale was not made to circumvent the order and
  542  allow the defendant continued access to the vehicle; or
  543         d. The vehicle is owned by the defendant but is operated
  544  solely by employees of the defendant or employees of a business
  545  owned by the defendant.
  546         3. If the court denies the request to dismiss the order,
  547  the petitioner may request an evidentiary hearing. If, at the
  548  evidentiary hearing, the court finds to be true any of the
  549  circumstances described in sub-subparagraphs (d)2.a.-d., the
  550  court must dismiss the order and the owner of the vehicle will
  551  incur no costs.
  552         (e) The criminal history record of a person who violates
  553  paragraph (2)(f) and who is found guilty as a result of a trial
  554  or who enters a plea of guilty or nolo contendere, regardless of
  555  whether adjudication is withheld, must be added to the
  556  Soliciting for Prostitution Public Database established under s.
  557  943.0433. Upon the person’s conviction, the clerk of the court
  558  shall forward the criminal history record of the convicted
  559  person to the Department of Law Enforcement for inclusion in the
  560  database.
  561         Section 5. Effective October 1, 2019, section 943.0433,
  562  Florida Statutes, is created to read:
  563         943.0433Soliciting for Prostitution Public Database.—
  564         (1) The department shall create and administer the
  565  Soliciting for Prostitution Public Database. The clerk of the
  566  court shall forward to the department the criminal history
  567  record of a person in accordance with s. 796.07(5)(e), and the
  568  department must add the criminal history record to the database.
  569         (2)(a)The department shall automatically remove the
  570  criminal history record of a person on the database for a first
  571  violation of s. 796.07(2)(f) if, after 5 years after the
  572  person’s conviction, such person has not again violated s.
  573  796.07(2)(f) and has not committed any other offense within that
  574  time that would constitute a sexual offense, including, but not
  575  limited to, human trafficking or an offense that would require
  576  registration as a sexual offender.
  577         (b)The department may not remove a criminal history record
  578  from the database if a person violates s. 796.07(2)(f) a second
  579  or subsequent time.
  580         (3)The database must include all of the following on each
  581  offender:
  582         (a)His or her full legal name.
  583         (b)His or her last known address.
  584         (c)A color photograph of him or her.
  585         (d)The offense for which he or she was convicted.
  586         (4) The department shall adopt rules to administer this
  587  section.
  588         Section 6. Subsection (3) of section 943.0583, Florida
  589  Statutes, is amended to read:
  590         943.0583 Human trafficking victim expunction.—
  591         (3) A person who is a victim of human trafficking may
  592  petition for the expunction of a criminal history record
  593  resulting from the arrest or filing of charges for an offense
  594  committed or reported to have been committed while the person
  595  was a victim of human trafficking, which offense was committed
  596  or reported to have been committed as a part of the human
  597  trafficking scheme of which the person was a victim or at the
  598  direction of an operator of the scheme, including, but not
  599  limited to, violations under chapters 796 and 847, without
  600  regard to the disposition of the arrest or of any charges.
  601  However, this section does not apply to any offense listed in s.
  602  775.084(1)(b)1., except for kidnapping. Determination of the
  603  petition under this section should be by a preponderance of the
  604  evidence. A conviction expunged under this section is deemed to
  605  have been vacated due to a substantive defect in the underlying
  606  criminal proceedings. If a person is adjudicated not guilty by
  607  reason of insanity or is found to be incompetent to stand trial
  608  for any such charge, the expunction of the criminal history
  609  record may not prevent the entry of the judgment or finding in
  610  state and national databases for use in determining eligibility
  611  to purchase or possess a firearm or to carry a concealed
  612  firearm, as authorized in s. 790.065(2)(a)4.c. and 18 U.S.C. s.
  613  922(t), nor shall it prevent any governmental agency that is
  614  authorized by state or federal law to determine eligibility to
  615  purchase or possess a firearm or to carry a concealed firearm
  616  from accessing or using the record of the judgment or finding in
  617  the course of such agency’s official duties.
  618         Section 7. Section 943.17297, Florida Statutes, is created
  619  to read:
  620         943.17297Training in identifying and investigating human
  621  trafficking.—Each certified law enforcement officer must
  622  successfully complete four hours of training on identifying and
  623  investigating human trafficking as a part of the basic recruit
  624  training of the officer required in s. 943.13(9) or continuing
  625  education under s. 943.135(1) before July 1, 2022. The training
  626  must be developed by the commission in consultation with the
  627  Department of Children and Families and the Statewide Council on
  628  Human Trafficking. If an officer fails to complete the required
  629  training, his or her certification shall be inactive until the
  630  employing agency notifies the commission that the officer has
  631  completed the training.
  632         Section 8. Except as otherwise expressly provided in this
  633  act, this act shall take effect July 1, 2019.