CS for CS for SB 1826                            First Engrossed
       
       
       
       
       
       
       
       
       20211826e1
       
    1                        A bill to be entitled                      
    2         An act relating to human trafficking; creating s.
    3         90.5034, F.S.; defining terms; providing the
    4         circumstances under which certain communications are
    5         confidential; creating a human trafficking victim
    6         advocate-victim privilege; specifying who may claim
    7         such privilege; providing training requirements for
    8         human trafficking victim advocates and trained
    9         volunteers; amending s. 92.55, F.S.; defining terms;
   10         authorizing a court, upon a motion by specified
   11         persons, to enter any order necessary to protect
   12         certain victims or witnesses from moderate, rather
   13         than from severe, emotional or mental harm; revising
   14         the factors that a court is authorized, rather than
   15         required, to consider in ruling upon a certain filed
   16         motion; revising the options for relief that a court
   17         is authorized to order to protect certain persons;
   18         authorizing a court to set any other conditions it
   19         finds just and appropriate when taking the testimony
   20         of a human trafficking victim or witness; requiring a
   21         court to consider the age of the human trafficking
   22         victim or witness at the time the human trafficking
   23         offense occurred when deciding whether to allow the
   24         human trafficking victim or witness to testify; making
   25         technical changes; amending s. 787.06, F.S.; revising
   26         the definitions of the terms “human trafficking” and
   27         “obtain”; prohibiting a person from engaging in
   28         specified criminal acts relating to human trafficking
   29         with an adult believed to be a child younger than 18
   30         years of age; providing criminal penalties;
   31         encouraging each state attorney to adopt a pro
   32         prosecution policy for acts of human trafficking;
   33         amending s. 943.0583, F.S.; prohibiting a clerk of the
   34         court from charging certain fees for petitions for
   35         expunction of human trafficking victim criminal
   36         history records; providing that a petition seeking
   37         expunction of more than one case is a single petition;
   38         deleting a requirement that a petitioner under this
   39         section have no other expunction or any sealing
   40         petitions pending; amending s. 948.30, F.S.; requiring
   41         a court to impose specified conditions on probationers
   42         or community controllees who are placed under
   43         supervision for committing a specified human
   44         trafficking offense on or after a certain date;
   45         requiring a court to impose specified conditions on
   46         probationers or community controllees who are placed
   47         on community control or sex offender probation for
   48         committing a specified human trafficking offense on or
   49         after a certain date; reenacting ss. 39.01305(3),
   50         464.013(3)(c), 775.21(4)(a), 943.0435(1)(h),
   51         943.0583(1)(a), and 944.606(1)(f), F.S., relating to
   52         appointment of an attorney for a dependent child with
   53         certain special needs, renewal of license or
   54         certificate, the Florida Sexual Predators Act, sexual
   55         offenders required to register with the department and
   56         penalties, human trafficking victim expunction, and
   57         sexual offenders and notification upon release,
   58         respectively, to incorporate the amendment made to s.
   59         787.06, F.S., in references thereto; providing an
   60         effective date.
   61          
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. Section 90.5034, Florida Statutes, is created to
   65  read:
   66         90.5034 Human trafficking victim advocate-victim
   67  privilege.—
   68         (1)For purposes of this section:
   69         (a)“Anti-human trafficking organization” means a
   70  registered public or private agency that offers assistance to
   71  victims of the offense of human trafficking, as defined in s.
   72  787.06.
   73         (b)“Human trafficking victim” means a person who consults
   74  a human trafficking victim advocate or a trained volunteer for
   75  the purpose of securing advice, counseling, or services
   76  concerning a need arising from an experience of human
   77  trafficking exploitation.
   78         (c)“Human trafficking victim advocate” means an employee
   79  of an anti-human trafficking organization whose primary purpose
   80  is to provide advice, counseling, or services to human
   81  trafficking victims and who complies with the training
   82  requirements under subsection (5).
   83         (d)“Trained volunteer” means a person who volunteers with
   84  an anti-human trafficking organization and who complies with the
   85  training requirements under subsection (5).
   86         (2)A communication between a human trafficking victim
   87  advocate or trained volunteer and a human trafficking victim is
   88  confidential if it is not intended to be disclosed to third
   89  persons other than:
   90         (a)Those persons present to further the interest of the
   91  human trafficking victim in the consultation, examination, or
   92  interview.
   93         (b)Those persons necessary for the transmission of the
   94  communication.
   95         (c)Those persons to whom disclosure is reasonably
   96  necessary to accomplish the purposes for which the human
   97  trafficking victim advocate or trained volunteer is consulted.
   98         (3)A human trafficking victim has a privilege to refuse to
   99  disclose, and to prevent any other person from disclosing, a
  100  confidential communication made by the human trafficking victim
  101  to a human trafficking victim advocate or trained volunteer or a
  102  record made in the course of advising, counseling, or providing
  103  services to the human trafficking victim. Such confidential
  104  communication or record may be disclosed only with the prior
  105  written consent of the human trafficking victim. This privilege
  106  includes any advice given by the human trafficking victim
  107  advocate or trained volunteer to the human trafficking victim in
  108  the course of that relationship.
  109         (4)The privilege may be claimed by:
  110         (a)The human trafficking victim or the human trafficking
  111  victim’s attorney on his or her behalf.
  112         (b)The guardian or conservator of the human trafficking
  113  victim.
  114         (c)The personal representative of a deceased human
  115  trafficking victim.
  116         (d)The human trafficking victim advocate or trained
  117  volunteer, but only on behalf of the human trafficking victim.
  118  The authority of a human trafficking victim advocate or trained
  119  volunteer to claim the privilege is presumed in the absence of
  120  evidence to the contrary.
  121         (5)A human trafficking victim advocate or a trained
  122  volunteer shall:
  123         (a)Complete 24 hours of human trafficking training
  124  delivered by the Office of the Attorney General, the Bureau of
  125  Criminal Justice Programs and Victim Services, and the Florida
  126  Crime Prevention Training Institute.
  127         (b)Within 3 years after completing the training required
  128  under paragraph (a), complete an 8-hour human trafficking update
  129  course.
  130         Section 2. Section 92.55, Florida Statutes, is amended to
  131  read:
  132         92.55 Judicial or other proceedings involving a victim or
  133  witness under the age of 18, a person who has an intellectual
  134  disability, a human trafficking victim or witness, or a sexual
  135  offense victim or witness; special protections; use of therapy
  136  animals or facility dogs.—
  137         (1) For purposes of this section, the term:
  138         (a) “Human trafficking offense” means any offense specified
  139  in s. 787.06.
  140         (b) “Human trafficking victim or witness” means a person
  141  who was under the age of 18 when he or she was the victim of or
  142  a witness to a human trafficking offense.
  143         (c) “Sexual offense victim or witness” means a person who
  144  was under the age of 18 when he or she was the victim of or a
  145  witness to a sexual offense.
  146         (d)(b) “Sexual offense” means any offense specified in s.
  147  775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I).
  148         (2) Upon motion of any party, upon motion of a parent,
  149  guardian, attorney, guardian ad litem, or other advocate
  150  appointed by the court under s. 914.17 for a victim or witness
  151  under the age of 18, a person who has an intellectual
  152  disability, a human trafficking victim or witness, or a sexual
  153  offense victim or witness, or upon its own motion, the court may
  154  enter any order necessary to protect the victim or witness in
  155  any judicial proceeding or other official proceeding from
  156  moderate severe emotional or mental harm due to the presence of
  157  the defendant if the victim or witness is required to testify in
  158  open court. Such orders must relate to the taking of testimony
  159  and include, but are not limited to:
  160         (a) Interviewing or the taking of depositions as part of a
  161  civil or criminal proceeding.
  162         (b) Examination and cross-examination for the purpose of
  163  qualifying as a witness or testifying in any proceeding.
  164         (c) The use of testimony taken outside of the courtroom,
  165  including proceedings under ss. 92.53 and 92.54.
  166         (3) In ruling upon a the motion filed under this section,
  167  the court may shall consider:
  168         (a) The age of the victim or witness; child,
  169         (b) The nature of the offense or act;,
  170         (c) The complexity of the issues involved;
  171         (d) The relationship of the victim or witness child to the
  172  parties in the case or to the defendant in a criminal action;,
  173         (e) The degree of emotional or mental harm trauma that will
  174  result to the child as a consequence of the examination,
  175  interview, or testimony;
  176         (f) The age of the sexual offense victim or witness when
  177  the sexual offense occurred; defendant’s presence, and
  178         (g) Any other fact that the court deems relevant.;
  179         (b) The age of the person who has an intellectual
  180  disability, the functional capacity of such person, the nature
  181  of the offenses or act, the relationship of the person to the
  182  parties in the case or to the defendant in a criminal action,
  183  the degree of emotional trauma that will result to the person as
  184  a consequence of the defendant’s presence, and any other fact
  185  that the court deems relevant; or
  186         (c) The age of the sexual offense victim or witness when
  187  the sexual offense occurred, the relationship of the sexual
  188  offense victim or witness to the parties in the case or to the
  189  defendant in a criminal action, the degree of emotional trauma
  190  that will result to the sexual offense victim or witness as a
  191  consequence of the defendant’s presence, and any other fact that
  192  the court deems relevant.
  193         (4)(a) In addition to such other relief provided by law,
  194  the court may enter orders it deems just and appropriate for the
  195  protection of limiting the number of times that a child, a
  196  person who has an intellectual disability, a human trafficking
  197  victim or witness, or a sexual offense victim or witness,
  198  including, but not limited to:
  199         1. Limiting the number of times that a victim or witness
  200  may be interviewed;,
  201         2. Prohibiting depositions of the victim or witness;,
  202         3. Limiting the length and scope of any deposition;
  203         4. Requiring that a deposition be taken only by written
  204  questions;
  205         5. Requiring that a deposition be in the presence of a
  206  trial judge or magistrate;
  207         6. Sealing the tape or transcript of a deposition until
  208  further order of the court;
  209         7. Requiring the submission of questions before the
  210  examination of the victim or witness;,
  211         8. Setting the place and conditions for interviewing the
  212  victim or witness or for conducting any other proceeding;, or
  213         9. Authorizing permitting or prohibiting the attendance of
  214  any person at any proceeding.
  215         (b) The court shall enter any order necessary to protect
  216  the rights of all parties, including the defendant in any
  217  criminal action.
  218         (5) The court may set any other conditions it finds just
  219  and appropriate when taking the testimony of a victim or witness
  220  under the age of 18, a person who has an intellectual
  221  disability, a human trafficking victim or witness, or a sexual
  222  offense victim or witness, including the use of a therapy animal
  223  or facility dog, in any proceeding involving a sexual offense,
  224  human trafficking, or child abuse, abandonment, or neglect.
  225         (a) When deciding whether to allow permit a victim or
  226  witness under the age of 18, a person who has an intellectual
  227  disability, a human trafficking victim or witness, or a sexual
  228  offense victim or witness to testify with the assistance of a
  229  therapy animal or facility dog, the court shall consider the age
  230  of the child victim or witness; the age of the human trafficking
  231  victim or witness at the time the human trafficking offense
  232  occurred;, the age of the sexual offense victim or witness at
  233  the time the sexual offense occurred;, the interests of the
  234  child victim or witness, human trafficking offense victim or
  235  witness, or sexual offense victim or witness;, the rights of the
  236  parties to the litigation;, and any other relevant factor that
  237  would facilitate the testimony by the victim or witness under
  238  the age of 18, person who has an intellectual disability, human
  239  trafficking victim or witness, or sexual offense victim or
  240  witness.
  241         (b) For purposes of this subsection the term:
  242         1. “Facility dog” means a dog that has been trained,
  243  evaluated, and certified as a facility dog pursuant to industry
  244  standards and provides unobtrusive emotional support to children
  245  and adults in facility settings.
  246         2. “Therapy animal” means an animal that has been trained,
  247  evaluated, and certified as a therapy animal pursuant to
  248  industry standards by an organization that certifies animals as
  249  appropriate to provide animal therapy.
  250         Section 3. Paragraphs (d) and (g) of subsection (2) and
  251  paragraphs (a), (c), (e), (f), and (g) of subsection (3) of
  252  section 787.06, Florida Statutes, are amended, and subsection
  253  (12) is added to that section, to read:
  254         787.06 Human trafficking.—
  255         (2) As used in this section, the term:
  256         (d) “Human trafficking” means transporting, soliciting,
  257  recruiting, harboring, providing, enticing, maintaining,
  258  purchasing, patronizing, procuring, or obtaining another person
  259  for the purpose of exploitation of that person.
  260         (g) “Obtain” means, in relation to labor, commercial sexual
  261  activity, or services, to receive, take possession of, or take
  262  custody of another person or secure performance thereof.
  263         (3) Any person who knowingly, or in reckless disregard of
  264  the facts, engages in human trafficking, or attempts to engage
  265  in human trafficking, or benefits financially by receiving
  266  anything of value from participation in a venture that has
  267  subjected a person to human trafficking:
  268         (a)1. For labor or services of any child younger than 18
  269  years of under the age or an adult believed by the person to be
  270  a child younger than of 18 years of age commits a felony of the
  271  first degree, punishable as provided in s. 775.082, s. 775.083,
  272  or s. 775.084.
  273         2. Using coercion for labor or services of an adult commits
  274  a felony of the first degree, punishable as provided in s.
  275  775.082, s. 775.083, or s. 775.084.
  276         (c)1. For labor or services of any child younger than 18
  277  years of under the age or an adult believed by the person to be
  278  a child younger than of 18 years of age who is an unauthorized
  279  alien commits a felony of the first degree, punishable as
  280  provided in s. 775.082, s. 775.083, or s. 775.084.
  281         2. Using coercion for labor or services of an adult who is
  282  an unauthorized alien commits a felony of the first degree,
  283  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  284         (e)1. For labor or services who does so by the transfer or
  285  transport of any child younger than 18 years of under the age or
  286  an adult believed by the person to be a child younger than of 18
  287  years of age from outside this state to within this the state
  288  commits a felony of the first degree, punishable as provided in
  289  s. 775.082, s. 775.083, or s. 775.084.
  290         2. Using coercion for labor or services who does so by the
  291  transfer or transport of an adult from outside this state to
  292  within this the state commits a felony of the first degree,
  293  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  294         (f)1. For commercial sexual activity who does so by the
  295  transfer or transport of any child younger than 18 years of
  296  under the age or an adult believed by the person to be a child
  297  younger than of 18 years of age from outside this state to
  298  within this the state commits a felony of the first degree,
  299  punishable by imprisonment for a term of years not exceeding
  300  life, or as provided in s. 775.082, s. 775.083, or s. 775.084.
  301         2. Using coercion for commercial sexual activity who does
  302  so by the transfer or transport of an adult from outside this
  303  state to within this the state commits a felony of the first
  304  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  305  775.084.
  306         (g) For commercial sexual activity in which any child
  307  younger than 18 years of under the age or an adult believed by
  308  the person to be a child younger than of 18 years of age, or in
  309  which any person who is mentally defective or mentally
  310  incapacitated as those terms are defined in s. 794.011(1), is
  311  involved commits a life felony, punishable as provided in s.
  312  775.082(3)(a)6., s. 775.083, or s. 775.084.
  313  
  314  For each instance of human trafficking of any individual under
  315  this subsection, a separate crime is committed and a separate
  316  punishment is authorized.
  317         (12)The Legislature encourages each state attorney to
  318  adopt a pro-prosecution policy for human trafficking offenses,
  319  as provided in this section. After consulting the victim, or
  320  making a good faith attempt to consult the victim, the state
  321  attorney shall determine the filing, nonfiling, or diversion of
  322  criminal charges even in circumstances where there is no
  323  cooperation from a victim or over the objection of the victim,
  324  if necessary.
  325         Section 4. Subsections (2) and (3) and paragraph (a) of
  326  subsection (6) of section 943.0583, Florida Statutes, are
  327  amended to read:
  328         943.0583 Human trafficking victim expunction.—
  329         (2) Notwithstanding any other provision of law, upon the
  330  filing of a petition as provided in this section, any court in
  331  the circuit in which the petitioner was arrested, so long as the
  332  court has jurisdiction over the class of offense or offenses
  333  sought to be expunged, may order a criminal justice agency to
  334  expunge the criminal history record of a victim of human
  335  trafficking who complies with the requirements of this section.
  336  A petition need not be filed in the court where the petitioner’s
  337  criminal proceeding or proceedings originally occurred. This
  338  section does not confer any right to the expunction of any
  339  criminal history record, and any request for expunction of a
  340  criminal history record may be denied at the discretion of the
  341  court. The clerk of the court may not charge a filing fee,
  342  service charge, or copy fee or any other charge for a petition
  343  filed under this section. The clerk of the court shall treat a
  344  petition seeking to expunge more than one eligible case as a
  345  single petition.
  346         (3) A person who is a victim of human trafficking may
  347  petition for the expunction of a criminal history record
  348  resulting from the arrest or filing of charges for one or more
  349  offenses an offense committed or reported to have been committed
  350  while the person was a victim of human trafficking, which
  351  offense was committed or reported to have been committed as a
  352  part of the human trafficking scheme of which the person was a
  353  victim or at the direction of an operator of the scheme,
  354  including, but not limited to, violations under chapters 796 and
  355  847, without regard to the disposition of the arrest or of any
  356  charges. However, this section does not apply to any offense
  357  listed in s. 775.084(1)(b)1. Determination of the petition under
  358  this section should be by a preponderance of the evidence. A
  359  conviction expunged under this section is deemed to have been
  360  vacated due to a substantive defect in the underlying criminal
  361  proceedings. If a person is adjudicated not guilty by reason of
  362  insanity or is found to be incompetent to stand trial for any
  363  such charge, the expunction of the criminal history record may
  364  not prevent the entry of the judgment or finding in state and
  365  national databases for use in determining eligibility to
  366  purchase or possess a firearm or to carry a concealed firearm,
  367  as authorized in s. 790.065(2)(a)4.c. and 18 U.S.C. s. 922(t),
  368  nor shall it prevent any governmental agency that is authorized
  369  by state or federal law to determine eligibility to purchase or
  370  possess a firearm or to carry a concealed firearm from accessing
  371  or using the record of the judgment or finding in the course of
  372  such agency’s official duties.
  373         (6) Each petition to a court to expunge a criminal history
  374  record is complete only when accompanied by:
  375         (a) The petitioner’s sworn statement attesting that the
  376  petitioner is eligible for such an expunction to the best of his
  377  or her knowledge or belief and does not have any other petition
  378  to expunge or any petition to seal pending before any court.
  379  
  380  Any person who knowingly provides false information on such
  381  sworn statement to the court commits a felony of the third
  382  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  383  775.084.
  384         Section 5. Subsections (1) and (2) of section 948.30,
  385  Florida Statutes, are amended to read:
  386         948.30 Additional terms and conditions of probation or
  387  community control for certain sex offenses.—Conditions imposed
  388  pursuant to this section do not require oral pronouncement at
  389  the time of sentencing and shall be considered standard
  390  conditions of probation or community control for offenders
  391  specified in this section.
  392         (1) Effective for probationers or community controllees
  393  whose crime was committed on or after October 1, 1995, and who
  394  are placed under supervision for a violation of chapter 794, s.
  395  800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, or whose
  396  crime was committed on or after July 1, 2021, and who are placed
  397  under supervision for a violation of s. 787.06(3)(b), (d), (f),
  398  or (g), the court must impose the following conditions in
  399  addition to all other standard and special conditions imposed:
  400         (a) A mandatory curfew from 10 p.m. to 6 a.m. The court may
  401  designate another 8-hour period if the offender’s employment
  402  precludes the above specified time, and the alternative is
  403  recommended by the Department of Corrections. If the court
  404  determines that imposing a curfew would endanger the victim, the
  405  court may consider alternative sanctions.
  406         (b) If the victim was under the age of 18, a prohibition on
  407  living within 1,000 feet of a school, child care facility, park,
  408  playground, or other place where children regularly congregate,
  409  as prescribed by the court. The 1,000-foot distance shall be
  410  measured in a straight line from the offender’s place of
  411  residence to the nearest boundary line of the school, child care
  412  facility, park, playground, or other place where children
  413  congregate. The distance may not be measured by a pedestrian
  414  route or automobile route. A probationer or community controllee
  415  who is subject to this paragraph may not be forced to relocate
  416  and does not violate his or her probation or community control
  417  if he or she is living in a residence that meets the
  418  requirements of this paragraph and a school, child care
  419  facility, park, playground, or other place where children
  420  regularly congregate is subsequently established within 1,000
  421  feet of his or her residence.
  422         (c) Active participation in and successful completion of a
  423  sex offender treatment program with qualified practitioners
  424  specifically trained to treat sex offenders, at the
  425  probationer’s or community controllee’s own expense. If a
  426  qualified practitioner is not available within a 50-mile radius
  427  of the probationer’s or community controllee’s residence, the
  428  offender shall participate in other appropriate therapy.
  429         (d) A prohibition on any contact with the victim, directly
  430  or indirectly, including through a third person, unless approved
  431  by the victim, a qualified practitioner in the sexual offender
  432  treatment program, and the sentencing court.
  433         (e) If the victim was under the age of 18, a prohibition on
  434  contact with a child under the age of 18 except as provided in
  435  this paragraph. The court may approve supervised contact with a
  436  child under the age of 18 if the approval is based upon a
  437  recommendation for contact issued by a qualified practitioner
  438  who is basing the recommendation on a risk assessment. Further,
  439  the sex offender must be currently enrolled in or have
  440  successfully completed a sex offender therapy program. The court
  441  may not grant supervised contact with a child if the contact is
  442  not recommended by a qualified practitioner and may deny
  443  supervised contact with a child at any time. When considering
  444  whether to approve supervised contact with a child, the court
  445  must review and consider the following:
  446         1. A risk assessment completed by a qualified practitioner.
  447  The qualified practitioner must prepare a written report that
  448  must include the findings of the assessment and address each of
  449  the following components:
  450         a. The sex offender’s current legal status;
  451         b. The sex offender’s history of adult charges with
  452  apparent sexual motivation;
  453         c. The sex offender’s history of adult charges without
  454  apparent sexual motivation;
  455         d. The sex offender’s history of juvenile charges, whenever
  456  available;
  457         e. The sex offender’s offender treatment history, including
  458  consultations with the sex offender’s treating, or most recent
  459  treating, therapist;
  460         f. The sex offender’s current mental status;
  461         g. The sex offender’s mental health and substance abuse
  462  treatment history as provided by the Department of Corrections;
  463         h. The sex offender’s personal, social, educational, and
  464  work history;
  465         i. The results of current psychological testing of the sex
  466  offender if determined necessary by the qualified practitioner;
  467         j. A description of the proposed contact, including the
  468  location, frequency, duration, and supervisory arrangement;
  469         k. The child’s preference and relative comfort level with
  470  the proposed contact, when age appropriate;
  471         l. The parent’s or legal guardian’s preference regarding
  472  the proposed contact; and
  473         m. The qualified practitioner’s opinion, along with the
  474  basis for that opinion, as to whether the proposed contact would
  475  likely pose significant risk of emotional or physical harm to
  476  the child.
  477  
  478  The written report of the assessment must be given to the court;
  479         2. A recommendation made as a part of the risk assessment
  480  report as to whether supervised contact with the child should be
  481  approved;
  482         3. A written consent signed by the child’s parent or legal
  483  guardian, if the parent or legal guardian is not the sex
  484  offender, agreeing to the sex offender having supervised contact
  485  with the child after receiving full disclosure of the sex
  486  offender’s present legal status, past criminal history, and the
  487  results of the risk assessment. The court may not approve
  488  contact with the child if the parent or legal guardian refuses
  489  to give written consent for supervised contact;
  490         4. A safety plan prepared by the qualified practitioner,
  491  who provides treatment to the offender, in collaboration with
  492  the sex offender, the child’s parent or legal guardian, if the
  493  parent or legal guardian is not the sex offender, and the child,
  494  when age appropriate, which details the acceptable conditions of
  495  contact between the sex offender and the child. The safety plan
  496  must be reviewed and approved by the court; and
  497         5. Evidence that the child’s parent or legal guardian
  498  understands the need for and agrees to the safety plan and has
  499  agreed to provide, or to designate another adult to provide,
  500  constant supervision any time the child is in contact with the
  501  offender.
  502  
  503  The court may not appoint a person to conduct a risk assessment
  504  and may not accept a risk assessment from a person who has not
  505  demonstrated to the court that he or she has met the
  506  requirements of a qualified practitioner as defined in this
  507  section.
  508         (f) If the victim was under age 18, a prohibition on
  509  working for pay or as a volunteer at any place where children
  510  regularly congregate, including, but not limited to, schools,
  511  child care facilities, parks, playgrounds, pet stores,
  512  libraries, zoos, theme parks, and malls.
  513         (g) Unless otherwise indicated in the treatment plan
  514  provided by a qualified practitioner in the sexual offender
  515  treatment program, a prohibition on viewing, accessing, owning,
  516  or possessing any obscene, pornographic, or sexually stimulating
  517  visual or auditory material, including telephone, electronic
  518  media, computer programs, or computer services that are relevant
  519  to the offender’s deviant behavior pattern.
  520         (h) Effective for probationers and community controllees
  521  whose crime is committed on or after July 1, 2005, a prohibition
  522  on accessing the Internet or other computer services until a
  523  qualified practitioner in the offender’s sex offender treatment
  524  program, after a risk assessment is completed, approves and
  525  implements a safety plan for the offender’s accessing or using
  526  the Internet or other computer services.
  527         (i) A requirement that the probationer or community
  528  controllee must submit a specimen of blood or other approved
  529  biological specimen to the Department of Law Enforcement to be
  530  registered with the DNA data bank.
  531         (j) A requirement that the probationer or community
  532  controllee make restitution to the victim, as ordered by the
  533  court under s. 775.089, for all necessary medical and related
  534  professional services relating to physical, psychiatric, and
  535  psychological care.
  536         (k) Submission to a warrantless search by the community
  537  control or probation officer of the probationer’s or community
  538  controllee’s person, residence, or vehicle.
  539         (2) Effective for a probationer or community controllee
  540  whose crime was committed on or after October 1, 1997, and who
  541  is placed on community control or sex offender probation for a
  542  violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
  543  or s. 847.0145, or whose crime was committed on or after July 1,
  544  2021, and who is placed on community control or sex offender
  545  probation for a violation of s. 787.06(3)(b), (d), (f), or (g),
  546  in addition to any other provision of this section, the court
  547  must impose the following conditions of probation or community
  548  control:
  549         (a) As part of a treatment program, participation at least
  550  annually in polygraph examinations to obtain information
  551  necessary for risk management and treatment and to reduce the
  552  sex offender’s denial mechanisms. A polygraph examination must
  553  be conducted by a polygrapher who is a member of a national or
  554  state polygraph association and who is certified as a
  555  postconviction sex offender polygrapher, where available, and
  556  shall be paid for by the probationer or community controllee.
  557  The results of the polygraph examination shall be provided to
  558  the probationer’s or community controllee’s probation officer
  559  and qualified practitioner and shall not be used as evidence in
  560  court to prove that a violation of community supervision has
  561  occurred.
  562         (b) Maintenance of a driving log and a prohibition against
  563  driving a motor vehicle alone without the prior approval of the
  564  supervising officer.
  565         (c) A prohibition against obtaining or using a post office
  566  box without the prior approval of the supervising officer.
  567         (d) If there was sexual contact, a submission to, at the
  568  probationer’s or community controllee’s expense, an HIV test
  569  with the results to be released to the victim or the victim’s
  570  parent or guardian.
  571         (e) Electronic monitoring when deemed necessary by the
  572  community control or probation officer and his or her
  573  supervisor, and ordered by the court at the recommendation of
  574  the Department of Corrections.
  575         Section 6. For the purpose of incorporating the amendment
  576  made by this act to section 787.06, Florida Statutes, in a
  577  reference thereto, subsection (3) of section 39.01305, Florida
  578  Statutes, is reenacted to read:
  579         39.01305 Appointment of an attorney for a dependent child
  580  with certain special needs.—
  581         (3) An attorney shall be appointed for a dependent child
  582  who:
  583         (a) Resides in a skilled nursing facility or is being
  584  considered for placement in a skilled nursing home;
  585         (b) Is prescribed a psychotropic medication but declines
  586  assent to the psychotropic medication;
  587         (c) Has a diagnosis of a developmental disability as
  588  defined in s. 393.063;
  589         (d) Is being placed in a residential treatment center or
  590  being considered for placement in a residential treatment
  591  center; or
  592         (e) Is a victim of human trafficking as defined in s.
  593  787.06(2)(d).
  594         Section 7. For the purpose of incorporating the amendment
  595  made by this act to section 787.06, Florida Statutes, in a
  596  reference thereto, paragraph (c) of subsection (3) of section
  597  464.013, Florida Statutes, is reenacted to read:
  598         464.013 Renewal of license or certificate.—
  599         (3) The board shall by rule prescribe up to 30 hours of
  600  continuing education biennially as a condition for renewal of a
  601  license or certificate.
  602         (c) Notwithstanding the exemption in paragraph (a), as part
  603  of the maximum biennial continuing education hours required
  604  under this subsection, the board shall require each person
  605  licensed or certified under this chapter to complete a 2-hour
  606  continuing education course on human trafficking, as defined in
  607  s. 787.06(2). The continuing education course must consist of
  608  data and information on the types of human trafficking, such as
  609  labor and sex, and the extent of human trafficking; factors that
  610  place a person at greater risk of being a victim of human
  611  trafficking; public and private social services available for
  612  rescue, food, clothing, and shelter referrals; hotlines for
  613  reporting human trafficking which are maintained by the National
  614  Human Trafficking Resource Center and the United States
  615  Department of Homeland Security; validated assessment tools for
  616  identifying a human trafficking victim and general indicators
  617  that a person may be a victim of human trafficking; procedures
  618  for sharing information related to human trafficking with a
  619  patient; and referral options for legal and social services. All
  620  licensees must complete this course for every biennial licensure
  621  renewal on or after January 1, 2019.
  622         Section 8. For the purpose of incorporating the amendment
  623  made by this act to section 787.06, Florida Statutes, in a
  624  reference thereto, paragraph (a) of subsection (4) of section
  625  775.21, Florida Statutes, is reenacted to read:
  626         775.21 The Florida Sexual Predators Act.—
  627         (4) SEXUAL PREDATOR CRITERIA.—
  628         (a) For a current offense committed on or after October 1,
  629  1993, upon conviction, an offender shall be designated as a
  630  “sexual predator” under subsection (5), and subject to
  631  registration under subsection (6) and community and public
  632  notification under subsection (7) if:
  633         1. The felony is:
  634         a. A capital, life, or first degree felony violation, or
  635  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
  636  is a minor, or s. 794.011, s. 800.04, or s. 847.0145, or a
  637  violation of a similar law of another jurisdiction; or
  638         b. Any felony violation, or any attempt thereof, of s.
  639  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  640  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  641  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  642  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  643  s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s.
  644  847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if
  645  the court makes a written finding that the racketeering activity
  646  involved at least one sexual offense listed in this sub
  647  subparagraph or at least one offense listed in this sub
  648  subparagraph with sexual intent or motive; s. 916.1075(2); or s.
  649  985.701(1); or a violation of a similar law of another
  650  jurisdiction, and the offender has previously been convicted of
  651  or found to have committed, or has pled nolo contendere or
  652  guilty to, regardless of adjudication, any violation of s.
  653  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  654  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  655  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  656  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  657  s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  658  excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court
  659  makes a written finding that the racketeering activity involved
  660  at least one sexual offense listed in this sub-subparagraph or
  661  at least one offense listed in this sub-subparagraph with sexual
  662  intent or motive; s. 916.1075(2); or s. 985.701(1); or a
  663  violation of a similar law of another jurisdiction;
  664         2. The offender has not received a pardon for any felony or
  665  similar law of another jurisdiction that is necessary for the
  666  operation of this paragraph; and
  667         3. A conviction of a felony or similar law of another
  668  jurisdiction necessary to the operation of this paragraph has
  669  not been set aside in any postconviction proceeding.
  670         Section 9. For the purpose of incorporating the amendment
  671  made by this act to section 787.06, Florida Statutes, in
  672  references thereto, paragraph (h) of subsection (1) of section
  673  943.0435, Florida Statutes, is reenacted to read:
  674         943.0435 Sexual offenders required to register with the
  675  department; penalty.—
  676         (1) As used in this section, the term:
  677         (h)1. “Sexual offender” means a person who meets the
  678  criteria in sub-subparagraph a., sub-subparagraph b., sub
  679  subparagraph c., or sub-subparagraph d., as follows:
  680         a.(I) Has been convicted of committing, or attempting,
  681  soliciting, or conspiring to commit, any of the criminal
  682  offenses proscribed in the following statutes in this state or
  683  similar offenses in another jurisdiction: s. 393.135(2); s.
  684  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  685  the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former
  686  s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
  687  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
  688  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  689  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
  690  s. 895.03, if the court makes a written finding that the
  691  racketeering activity involved at least one sexual offense
  692  listed in this sub-sub-subparagraph or at least one offense
  693  listed in this sub-sub-subparagraph with sexual intent or
  694  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
  695  committed in this state which has been redesignated from a
  696  former statute number to one of those listed in this sub-sub
  697  subparagraph; and
  698         (II) Has been released on or after October 1, 1997, from
  699  the sanction imposed for any conviction of an offense described
  700  in sub-sub-subparagraph (I). For purposes of sub-sub
  701  subparagraph (I), a sanction imposed in this state or in any
  702  other jurisdiction includes, but is not limited to, a fine,
  703  probation, community control, parole, conditional release,
  704  control release, or incarceration in a state prison, federal
  705  prison, private correctional facility, or local detention
  706  facility;
  707         b. Establishes or maintains a residence in this state and
  708  who has not been designated as a sexual predator by a court of
  709  this state but who has been designated as a sexual predator, as
  710  a sexually violent predator, or by another sexual offender
  711  designation in another state or jurisdiction and was, as a
  712  result of such designation, subjected to registration or
  713  community or public notification, or both, or would be if the
  714  person were a resident of that state or jurisdiction, without
  715  regard to whether the person otherwise meets the criteria for
  716  registration as a sexual offender;
  717         c. Establishes or maintains a residence in this state who
  718  is in the custody or control of, or under the supervision of,
  719  any other state or jurisdiction as a result of a conviction for
  720  committing, or attempting, soliciting, or conspiring to commit,
  721  any of the criminal offenses proscribed in the following
  722  statutes or similar offense in another jurisdiction: s.
  723  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  724  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  725  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  726  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  727  s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133;
  728  s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
  729  s. 847.0145; s. 895.03, if the court makes a written finding
  730  that the racketeering activity involved at least one sexual
  731  offense listed in this sub-subparagraph or at least one offense
  732  listed in this sub-subparagraph with sexual intent or motive; s.
  733  916.1075(2); or s. 985.701(1); or any similar offense committed
  734  in this state which has been redesignated from a former statute
  735  number to one of those listed in this sub-subparagraph; or
  736         d. On or after July 1, 2007, has been adjudicated
  737  delinquent for committing, or attempting, soliciting, or
  738  conspiring to commit, any of the criminal offenses proscribed in
  739  the following statutes in this state or similar offenses in
  740  another jurisdiction when the juvenile was 14 years of age or
  741  older at the time of the offense:
  742         (I) Section 794.011, excluding s. 794.011(10);
  743         (II) Section 800.04(4)(a)2. where the victim is under 12
  744  years of age or where the court finds sexual activity by the use
  745  of force or coercion;
  746         (III) Section 800.04(5)(c)1. where the court finds
  747  molestation involving unclothed genitals;
  748         (IV) Section 800.04(5)(d) where the court finds the use of
  749  force or coercion and unclothed genitals; or
  750         (V) Any similar offense committed in this state which has
  751  been redesignated from a former statute number to one of those
  752  listed in this sub-subparagraph.
  753         2. For all qualifying offenses listed in sub-subparagraph
  754  1.d., the court shall make a written finding of the age of the
  755  offender at the time of the offense.
  756  
  757  For each violation of a qualifying offense listed in this
  758  subsection, except for a violation of s. 794.011, the court
  759  shall make a written finding of the age of the victim at the
  760  time of the offense. For a violation of s. 800.04(4), the court
  761  shall also make a written finding indicating whether the offense
  762  involved sexual activity and indicating whether the offense
  763  involved force or coercion. For a violation of s. 800.04(5), the
  764  court shall also make a written finding that the offense did or
  765  did not involve unclothed genitals or genital area and that the
  766  offense did or did not involve the use of force or coercion.
  767         Section 10. For the purpose of incorporating the amendment
  768  made by this act to section 787.06, Florida Statutes, in a
  769  reference thereto, paragraph (a) of subsection (1) of section
  770  943.0583, Florida Statutes, is reenacted to read:
  771         943.0583 Human trafficking victim expunction.—
  772         (1) As used in this section, the term:
  773         (a) “Human trafficking” has the same meaning as provided in
  774  s. 787.06.
  775         Section 11. For the purpose of incorporating the amendment
  776  made by this act to section 787.06, Florida Statutes, in a
  777  reference thereto, paragraph (f) of subsection (1) of section
  778  944.606, Florida Statutes, is reenacted to read:
  779         944.606 Sexual offenders; notification upon release.—
  780         (1) As used in this section, the term:
  781         (f) “Sexual offender” means a person who has been convicted
  782  of committing, or attempting, soliciting, or conspiring to
  783  commit, any of the criminal offenses proscribed in the following
  784  statutes in this state or similar offenses in another
  785  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
  786  787.02, or s. 787.025(2)(c), where the victim is a minor; s.
  787  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
  788  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
  789  former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
  790  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
  791  847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court
  792  makes a written finding that the racketeering activity involved
  793  at least one sexual offense listed in this paragraph or at least
  794  one offense listed in this paragraph with sexual intent or
  795  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
  796  committed in this state which has been redesignated from a
  797  former statute number to one of those listed in this subsection,
  798  when the department has received verified information regarding
  799  such conviction; an offender’s computerized criminal history
  800  record is not, in and of itself, verified information.
  801         Section 12. This act shall take effect July 1, 2021.