Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. CS for SB 1826 Ì252674:Î252674 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/07/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Diaz) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 34 - 154 4 and insert: 5 (a) “Anti-human trafficking organization” means a 6 registered public or private agency that offers assistance to 7 victims of the offense of human trafficking, as defined in s. 8 787.06(2). 9 (b) “Human trafficking victim” means a person who consults 10 a human trafficking victim advocate or a trained volunteer for 11 the purpose of securing advice, counseling, or services 12 concerning a need arising from an experience of human 13 trafficking exploitation. 14 (c) “Human trafficking victim advocate” means an employee 15 of an anti-human trafficking organization whose primary purpose 16 is to provide advice, counseling, or services to human 17 trafficking victims and who complies with the training 18 requirements under subsection (5). 19 (d) “Trained volunteer” means a person who volunteers with 20 an anti-human trafficking organization and who complies with the 21 training requirements under subsection (5). 22 (2) A communication between a human trafficking victim 23 advocate or trained volunteer and a human trafficking victim is 24 confidential if it is not intended to be disclosed to third 25 persons other than: 26 (a) Those persons present to further the interest of the 27 human trafficking victim in the consultation, examination, or 28 interview. 29 (b) Those persons necessary for the transmission of the 30 communication. 31 (c) Those persons to whom disclosure is reasonably 32 necessary to accomplish the purposes for which the human 33 trafficking victim advocate or trained volunteer is consulted. 34 (3) A human trafficking victim has a privilege to refuse to 35 disclose, and to prevent any other person from disclosing, a 36 confidential communication made by the human trafficking victim 37 to a human trafficking victim advocate or trained volunteer or a 38 record made in the course of advising, counseling, or providing 39 services to the human trafficking victim. Such confidential 40 communication or record may be disclosed only with the prior 41 written consent of the human trafficking victim. This privilege 42 includes any advice given by the human trafficking victim 43 advocate or trained volunteer to the human trafficking victim in 44 the course of that relationship. 45 (4) The privilege may be claimed by: 46 (a) The human trafficking victim or the human trafficking 47 victim’s attorney on his or her behalf. 48 (b) The guardian or conservator of the human trafficking 49 victim. 50 (c) The personal representative of a deceased human 51 trafficking victim. 52 (d) The human trafficking victim advocate or trained 53 volunteer, but only on behalf of the human trafficking victim. 54 The authority of a human trafficking victim advocate or trained 55 volunteer to claim the privilege is presumed in the absence of 56 evidence to the contrary. 57 (5) A human trafficking victim advocate or a trained 58 volunteer shall: 59 (a) Complete 24 hours of human trafficking training 60 delivered by the Office of the Attorney General, the Bureau of 61 Criminal Justice Programs and Victim Services, and the Florida 62 Crime Prevention Training Institute. 63 (b) Within 3 years after completing the training required 64 under paragraph (a), complete an 8-hour human trafficking update 65 course. 66 Section 2. Paragraphs (d) and (g) of subsection (2) and 67 paragraphs (a), (c), (e), (f), and (g) of subsection (3) of 68 section 787.06, Florida Statutes, are amended, and a new 69 subsection (12) is added, to read: 70 787.06 Human trafficking.— 71 (2) As used in this section, the term: 72 (d) “Human trafficking” means transporting, soliciting, 73 recruiting, harboring, providing, enticing, maintaining, 74 purchasing, patronizing, procuring, or obtaining another person 75 for the purpose of exploitation of that person. 76 (g) “Obtain” means, in relation to labor, commercial sexual 77 activity, or services, to receive, take possession of, or take 78 custody of another person or secure performance thereof. 79 (3) Any person who knowingly, or in reckless disregard of 80 the facts, engages in human trafficking, or attempts to engage 81 in human trafficking, or benefits financially by receiving 82 anything of value from participation in a venture that has 83 subjected a person to human trafficking: 84 (a)1. For labor or services of any child younger than 18 85 years ofundertheage or an adult believed by the person to be 86 a child younger thanof18 years of age commits a felony of the 87 first degree, punishable as provided in s. 775.082, s. 775.083, 88 or s. 775.084. 89 2. Using coercion for labor or services of an adult commits 90 a felony of the first degree, punishable as provided in s. 91 775.082, s. 775.083, or s. 775.084. 92 (c)1. For labor or services of any child younger than 18 93 years ofundertheage or an adult believed by the person to be 94 a child younger thanof18 years of age who is an unauthorized 95 alien commits a felony of the first degree, punishable as 96 provided in s. 775.082, s. 775.083, or s. 775.084. 97 2. Using coercion for labor or services of an adult who is 98 an unauthorized alien commits a felony of the first degree, 99 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 100 (e)1. For labor or services who does so by the transfer or 101 transport of any child younger than 18 years ofundertheage or 102 an adult believed by the person to be a child younger thanof18 103 years of age from outside this state to within thisthestate 104 commits a felony of the first degree, punishable as provided in 105 s. 775.082, s. 775.083, or s. 775.084. 106 2. Using coercion for labor or services who does so by the 107 transfer or transport of an adult from outside this state to 108 within thisthestate commits a felony of the first degree, 109 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 110 (f)1. For commercial sexual activity who does so by the 111 transfer or transport of any child younger than 18 years of 112undertheage or an adult believed by the person to be a child 113 younger thanof18 years of age from outside this state to 114 within thisthestate commits a felony of the first degree, 115 punishable by imprisonment for a term of years not exceeding 116 life, or as provided in s. 775.082, s. 775.083, or s. 775.084. 117 2. Using coercion for commercial sexual activity who does 118 so by the transfer or transport of an adult from outside this 119 state to within thisthestate commits a felony of the first 120 degree, punishable as provided in s. 775.082, s. 775.083, or s. 121 775.084. 122 (g) For commercial sexual activity in which any child 123 younger than 18 years ofundertheage or an adult believed by 124 the person to be a child younger thanof18 years of age, or in 125 which any person who is mentally defective or mentally 126 incapacitated as those terms are defined in s. 794.011(1), is 127 involved commits a life felony, punishable as provided in s. 128 775.082(3)(a)6., s. 775.083, or s. 775.084. 129 130 For each instance of human trafficking of any individual under 131 this subsection, a separate crime is committed and a separate 132 punishment is authorized. 133 (12) The Legislature encourages each state attorney to 134 adopt a pro-prosecution policy for human trafficking offenses, 135 as provided in this section. After consulting the victim, or 136 making a good faith attempt to consult the victim, the state 137 attorney shall determine the filing, nonfiling, or diversion of 138 criminal charges even in circumstances when there is no 139 cooperation from a victim or over the objection of the victim, 140 if necessary. 141 Section 3. Subsections (1) and (2) of section 948.30, 142 Florida Statutes, are amended to read: 143 948.30 Additional terms and conditions of probation or 144 community control for certain sex offenses.—Conditions imposed 145 pursuant to this section do not require oral pronouncement at 146 the time of sentencing and shall be considered standard 147 conditions of probation or community control for offenders 148 specified in this section. 149 (1) Effective for probationers or community controllees 150 whose crime was committed on or after October 1, 1995, and who 151 are placed under supervision for a violation of chapter 794, s. 152 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, or whose 153 crime was committed on or after July 1, 2021, and who are placed 154 under supervision for a violation of s. 787.06(3)(b), (d), (f), 155 or (g), the court must impose the following conditions in 156 addition to all other standard and special conditions imposed: 157 (a) A mandatory curfew from 10 p.m. to 6 a.m. The court may 158 designate another 8-hour period if the offender’s employment 159 precludes the above specified time, and the alternative is 160 recommended by the Department of Corrections. If the court 161 determines that imposing a curfew would endanger the victim, the 162 court may consider alternative sanctions. 163 (b) If the victim was under the age of 18, a prohibition on 164 living within 1,000 feet of a school, child care facility, park, 165 playground, or other place where children regularly congregate, 166 as prescribed by the court. The 1,000-foot distance shall be 167 measured in a straight line from the offender’s place of 168 residence to the nearest boundary line of the school, child care 169 facility, park, playground, or other place where children 170 congregate. The distance may not be measured by a pedestrian 171 route or automobile route. A probationer or community controllee 172 who is subject to this paragraph may not be forced to relocate 173 and does not violate his or her probation or community control 174 if he or she is living in a residence that meets the 175 requirements of this paragraph and a school, child care 176 facility, park, playground, or other place where children 177 regularly congregate is subsequently established within 1,000 178 feet of his or her residence. 179 (c) Active participation in and successful completion of a 180 sex offender treatment program with qualified practitioners 181 specifically trained to treat sex offenders, at the 182 probationer’s or community controllee’s own expense. If a 183 qualified practitioner is not available within a 50-mile radius 184 of the probationer’s or community controllee’s residence, the 185 offender shall participate in other appropriate therapy. 186 (d) A prohibition on any contact with the victim, directly 187 or indirectly, including through a third person, unless approved 188 by the victim, a qualified practitioner in the sexual offender 189 treatment program, and the sentencing court. 190 (e) If the victim was under the age of 18, a prohibition on 191 contact with a child under the age of 18 except as provided in 192 this paragraph. The court may approve supervised contact with a 193 child under the age of 18 if the approval is based upon a 194 recommendation for contact issued by a qualified practitioner 195 who is basing the recommendation on a risk assessment. Further, 196 the sex offender must be currently enrolled in or have 197 successfully completed a sex offender therapy program. The court 198 may not grant supervised contact with a child if the contact is 199 not recommended by a qualified practitioner and may deny 200 supervised contact with a child at any time. When considering 201 whether to approve supervised contact with a child, the court 202 must review and consider the following: 203 1. A risk assessment completed by a qualified practitioner. 204 The qualified practitioner must prepare a written report that 205 must include the findings of the assessment and address each of 206 the following components: 207 a. The sex offender’s current legal status; 208 b. The sex offender’s history of adult charges with 209 apparent sexual motivation; 210 c. The sex offender’s history of adult charges without 211 apparent sexual motivation; 212 d. The sex offender’s history of juvenile charges, whenever 213 available; 214 e. The sex offender’s offender treatment history, including 215 consultations with the sex offender’s treating, or most recent 216 treating, therapist; 217 f. The sex offender’s current mental status; 218 g. The sex offender’s mental health and substance abuse 219 treatment history as provided by the Department of Corrections; 220 h. The sex offender’s personal, social, educational, and 221 work history; 222 i. The results of current psychological testing of the sex 223 offender if determined necessary by the qualified practitioner; 224 j. A description of the proposed contact, including the 225 location, frequency, duration, and supervisory arrangement; 226 k. The child’s preference and relative comfort level with 227 the proposed contact, when age appropriate; 228 l. The parent’s or legal guardian’s preference regarding 229 the proposed contact; and 230 m. The qualified practitioner’s opinion, along with the 231 basis for that opinion, as to whether the proposed contact would 232 likely pose significant risk of emotional or physical harm to 233 the child. 234 235 The written report of the assessment must be given to the court; 236 2. A recommendation made as a part of the risk assessment 237 report as to whether supervised contact with the child should be 238 approved; 239 3. A written consent signed by the child’s parent or legal 240 guardian, if the parent or legal guardian is not the sex 241 offender, agreeing to the sex offender having supervised contact 242 with the child after receiving full disclosure of the sex 243 offender’s present legal status, past criminal history, and the 244 results of the risk assessment. The court may not approve 245 contact with the child if the parent or legal guardian refuses 246 to give written consent for supervised contact; 247 4. A safety plan prepared by the qualified practitioner, 248 who provides treatment to the offender, in collaboration with 249 the sex offender, the child’s parent or legal guardian, if the 250 parent or legal guardian is not the sex offender, and the child, 251 when age appropriate, which details the acceptable conditions of 252 contact between the sex offender and the child. The safety plan 253 must be reviewed and approved by the court; and 254 5. Evidence that the child’s parent or legal guardian 255 understands the need for and agrees to the safety plan and has 256 agreed to provide, or to designate another adult to provide, 257 constant supervision any time the child is in contact with the 258 offender. 259 260 The court may not appoint a person to conduct a risk assessment 261 and may not accept a risk assessment from a person who has not 262 demonstrated to the court that he or she has met the 263 requirements of a qualified practitioner as defined in this 264 section. 265 (f) If the victim was under age 18, a prohibition on 266 working for pay or as a volunteer at any place where children 267 regularly congregate, including, but not limited to, schools, 268 child care facilities, parks, playgrounds, pet stores, 269 libraries, zoos, theme parks, and malls. 270 (g) Unless otherwise indicated in the treatment plan 271 provided by a qualified practitioner in the sexual offender 272 treatment program, a prohibition on viewing, accessing, owning, 273 or possessing any obscene, pornographic, or sexually stimulating 274 visual or auditory material, including telephone, electronic 275 media, computer programs, or computer services that are relevant 276 to the offender’s deviant behavior pattern. 277 (h) Effective for probationers and community controllees 278 whose crime is committed on or after July 1, 2005, a prohibition 279 on accessing the Internet or other computer services until a 280 qualified practitioner in the offender’s sex offender treatment 281 program, after a risk assessment is completed, approves and 282 implements a safety plan for the offender’s accessing or using 283 the Internet or other computer services. 284 (i) A requirement that the probationer or community 285 controllee must submit a specimen of blood or other approved 286 biological specimen to the Department of Law Enforcement to be 287 registered with the DNA data bank. 288 (j) A requirement that the probationer or community 289 controllee make restitution to the victim, as ordered by the 290 court under s. 775.089, for all necessary medical and related 291 professional services relating to physical, psychiatric, and 292 psychological care. 293 (k) Submission to a warrantless search by the community 294 control or probation officer of the probationer’s or community 295 controllee’s person, residence, or vehicle. 296 (2) Effective for a probationer or community controllee 297 whose crime was committed on or after October 1, 1997, and who 298 is placed on community control or sex offender probation for a 299 violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), 300 or s. 847.0145, or whose crime was committed on or after July 1, 301 2021, and who is placed on community control or sex offender 302 probation for a violation of s. 787.06(3)(b), (d), (f), or (g), 303 in addition to any other provision of this section, the court 304 must impose the following conditions of probation or community 305 control: 306 (a) As part of a treatment program, participation at least 307 annually in polygraph examinations to obtain information 308 necessary for risk management and treatment and to reduce the 309 sex offender’s denial mechanisms. A polygraph examination must 310 be conducted by a polygrapher who is a member of a national or 311 state polygraph association and who is certified as a 312 postconviction sex offender polygrapher, where available, and 313 shall be paid for by the probationer or community controllee. 314 The results of the polygraph examination shall be provided to 315 the probationer’s or community controllee’s probation officer 316 and qualified practitioner and shall not be used as evidence in 317 court to prove that a violation of community supervision has 318 occurred. 319 (b) Maintenance of a driving log and a prohibition against 320 driving a motor vehicle alone without the prior approval of the 321 supervising officer. 322 (c) A prohibition against obtaining or using a post office 323 box without the prior approval of the supervising officer. 324 (d) If there was sexual contact, a submission to, at the 325 probationer’s or community controllee’s expense, an HIV test 326 with the results to be released to the victim or the victim’s 327 parent or guardian. 328 (e) Electronic monitoring when deemed necessary by the 329 community control or probation officer and his or her 330 supervisor, and ordered by the court at the recommendation of 331 the Department of Corrections. 332 ================= T I T L E A M E N D M E N T ================ 333 And the title is amended as follows: 334 Delete line 14 335 and insert: 336 years of age; providing criminal penalties; 337 encouraging each state attorney to adopt a pro 338 prosecution policy for acts of human trafficking; 339 amending s. 948.30, F.S.; requiring a court to impose 340 specified conditions, on probationers or community 341 controllees who are placed under supervision for 342 committing a specified human trafficking offense on or 343 after a certain date; requiring a court to impose 344 specified conditions on probationers or community 345 controllees who are placed on community control or sex 346 offender probation for committing a specified human 347 trafficking offense on or after a certain date; 348 reenacting