Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1826
       
       
       
       
       
       
                                Ì252674:Î252674                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/07/2021           .                                
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       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 of under the age or an adult believed by the person to be
   86  a child younger than of 18 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 of under the age or an adult believed by the person to be
   94  a child younger than of 18 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 of under the age or
  102  an adult believed by the person to be a child younger than of 18
  103  years of age from outside this state to within this the state
  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 this the state 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
  112  under the age or an adult believed by the person to be a child
  113  younger than of 18 years of age from outside this state to
  114  within this the state 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 this the state 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 of under the age or an adult believed by
  124  the person to be a child younger than of 18 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