Florida Senate - 2021 SB 812 By Senator Book 32-00436A-21 2021812__ 1 A bill to be entitled 2 An act relating to human trafficking; amending s. 3 90.803, F.S.; specifying that an out-of-court 4 statement made by a certain adult victim describing 5 specified acts of human trafficking when he or she was 6 a child is admissible in evidence in civil or criminal 7 proceedings if certain criteria are met; providing an 8 exception; requiring that, in a criminal action, a 9 defendant be notified within a specified timeframe 10 before a trial that such a statement will be offered 11 at trial; providing notice requirements; requiring a 12 court to make specific findings of fact on the record 13 for its ruling; amending s. 787.06, F.S.; prohibiting 14 the inclusion of depositions in the prosecution of a 15 human trafficking crime; providing an exception; 16 amending s. 948.30, F.S.; requiring a court to impose 17 specified conditions, in addition to all other 18 standard and special conditions imposed, on 19 probationers or community controllees who are placed 20 under supervision for violations of sexually related 21 human trafficking offenses on or after a certain date; 22 requiring a court to impose specified conditions, in 23 addition to any other applicable conditions, on 24 probationers or community controllees who are placed 25 on community control or sex offender probation for 26 violations of sexually related human trafficking 27 offenses on or after a certain date; amending s. 28 960.0015, F.S.; authorizing a court to grant a 29 defendant accused of human trafficking an extension if 30 the defendant demonstrates, upon a showing of need to 31 call witnesses or alibi defenses, that such an 32 extension is necessary after the filing of a demand 33 for a speedy trial by the state attorney; authorizing 34 the court to grant further extensions to prevent 35 deprivation of the defendant’s right to due process; 36 requiring each state attorney to adopt a pro 37 prosecution policy for acts of human trafficking; 38 providing an effective date. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1. Present subsection (24) of section 90.803, 43 Florida Statutes, is redesignated as subsection (25), and a new 44 subsection (24) is added to that section, to read: 45 90.803 Hearsay exceptions; availability of declarant 46 immaterial.—The provision of s. 90.802 to the contrary 47 notwithstanding, the following are not inadmissible as evidence, 48 even though the declarant is available as a witness: 49 (24) HEARSAY EXCEPTION; STATEMENT OF ADULT VICTIM.— 50 (a) Unless the source of information or the method or 51 circumstances by which the statement is reported indicates a 52 lack of trustworthiness, an out-of-court statement made by an 53 adult victim with a physical, mental, emotional, or 54 developmental age of 16 years of age or older describing any act 55 of human trafficking performed in the presence of, with, by, or 56 on the declarant adult when he or she was a child, not otherwise 57 admissible, is admissible in evidence in any civil or criminal 58 proceeding if: 59 1. The court finds in a hearing conducted outside the 60 presence of the jury that the time, content, and circumstances 61 of the statement provide sufficient safeguards of reliability. 62 In making its determination, the court may consider the mental 63 and physical age and maturity of the adult, the nature and 64 duration of the abuse or offense, the relationship of the adult 65 to the offender, the reliability of the assertion, the 66 reliability of the victim, and any other factor deemed 67 appropriate; and 68 2. The adult either: 69 a. Testifies; or 70 b. Is unavailable as a witness, provided that there is 71 other corroborative evidence of the abuse or offense. 72 Unavailability shall include a finding by the court that the 73 adult’s participation in the trial or proceeding would result in 74 a substantial likelihood of severe emotional or mental harm, in 75 addition to findings pursuant to s. 90.804(1). 76 (b) In a criminal action, the defendant shall be notified 77 no later than 10 days before trial that a statement that 78 qualifies as a hearsay exception pursuant to this subsection 79 will be offered as evidence at trial. The notice must include a 80 written statement of the content of the adult’s statement, the 81 time at which the statement was made, the circumstances 82 surrounding the statement which indicate its reliability, and 83 such other particulars as necessary to provide full disclosure 84 of the statement. 85 (c) The court shall make specific findings of fact on the 86 record as to the basis for its ruling under this subsection. 87 Section 2. Subsection (12) is added to section 787.06, 88 Florida Statutes, to read: 89 787.06 Human trafficking.— 90 (12) The prosecution of a crime under this section may not 91 include depositions, unless good cause is shown, governed by all 92 of the following factors: 93 (a) The consequences to the defendant. 94 (b) The complexity of the issues involved. 95 (c) The complexity of the witness testimony. 96 (d) The other opportunities available to the defendant to 97 discover the information sought by deposition. 98 Section 3. Subsections (1) and (2) of section 948.30, 99 Florida Statutes, are amended to read: 100 948.30 Additional terms and conditions of probation or 101 community control for certain sex offenses.—Conditions imposed 102 pursuant to this section do not require oral pronouncement at 103 the time of sentencing and shall be considered standard 104 conditions of probation or community control for offenders 105 specified in this section. 106 (1) Effective for probationers or community controllees 107 whose crime was committed on or after October 1, 1995, and who 108 are placed under supervision for violation of s. 787.06(3)(b), 109 (d), (f), or (g), chapter 794, s. 800.04, s. 827.071, s. 110 847.0135(5), or s. 847.0145, the court must impose the following 111 conditions in addition to all other standard and special 112 conditions imposed: 113 (a) A mandatory curfew from 10 p.m. to 6 a.m. The court may 114 designate another 8-hour period if the offender’s employment 115 precludes the above specified time, and the alternative is 116 recommended by the Department of Corrections. If the court 117 determines that imposing a curfew would endanger the victim, the 118 court may consider alternative sanctions. 119 (b) If the victim was under the age of 18, a prohibition on 120 living within 1,000 feet of a school, child care facility, park, 121 playground, or other place where children regularly congregate, 122 as prescribed by the court. The 1,000-foot distance shall be 123 measured in a straight line from the offender’s place of 124 residence to the nearest boundary line of the school, child care 125 facility, park, playground, or other place where children 126 congregate. The distance may not be measured by a pedestrian 127 route or automobile route. A probationer or community controllee 128 who is subject to this paragraph may not be forced to relocate 129 and does not violate his or her probation or community control 130 if he or she is living in a residence that meets the 131 requirements of this paragraph and a school, child care 132 facility, park, playground, or other place where children 133 regularly congregate is subsequently established within 1,000 134 feet of his or her residence. 135 (c) Active participation in and successful completion of a 136 sex offender treatment program with qualified practitioners 137 specifically trained to treat sex offenders, at the 138 probationer’s or community controllee’s own expense. If a 139 qualified practitioner is not available within a 50-mile radius 140 of the probationer’s or community controllee’s residence, the 141 offender shall participate in other appropriate therapy. 142 (d) A prohibition on any contact with the victim, directly 143 or indirectly, including through a third person, unless approved 144 by the victim, a qualified practitioner in the sexual offender 145 treatment program, and the sentencing court. 146 (e) If the victim was under the age of 18, a prohibition on 147 contact with a child under the age of 18 except as provided in 148 this paragraph. The court may approve supervised contact with a 149 child under the age of 18 if the approval is based upon a 150 recommendation for contact issued by a qualified practitioner 151 who is basing the recommendation on a risk assessment. Further, 152 the sex offender must be currently enrolled in or have 153 successfully completed a sex offender therapy program. The court 154 may not grant supervised contact with a child if the contact is 155 not recommended by a qualified practitioner and may deny 156 supervised contact with a child at any time. When considering 157 whether to approve supervised contact with a child, the court 158 must review and consider the following: 159 1. A risk assessment completed by a qualified practitioner. 160 The qualified practitioner must prepare a written report that 161 must include the findings of the assessment and address each of 162 the following components: 163 a. The sex offender’s current legal status; 164 b. The sex offender’s history of adult charges with 165 apparent sexual motivation; 166 c. The sex offender’s history of adult charges without 167 apparent sexual motivation; 168 d. The sex offender’s history of juvenile charges, whenever 169 available; 170 e. The sex offender’s offender treatment history, including 171 consultations with the sex offender’s treating, or most recent 172 treating, therapist; 173 f. The sex offender’s current mental status; 174 g. The sex offender’s mental health and substance abuse 175 treatment history as provided by the Department of Corrections; 176 h. The sex offender’s personal, social, educational, and 177 work history; 178 i. The results of current psychological testing of the sex 179 offender if determined necessary by the qualified practitioner; 180 j. A description of the proposed contact, including the 181 location, frequency, duration, and supervisory arrangement; 182 k. The child’s preference and relative comfort level with 183 the proposed contact, when age appropriate; 184 l. The parent’s or legal guardian’s preference regarding 185 the proposed contact; and 186 m. The qualified practitioner’s opinion, along with the 187 basis for that opinion, as to whether the proposed contact would 188 likely pose significant risk of emotional or physical harm to 189 the child. 190 191 The written report of the assessment must be given to the court; 192 2. A recommendation made as a part of the risk assessment 193 report as to whether supervised contact with the child should be 194 approved; 195 3. A written consent signed by the child’s parent or legal 196 guardian, if the parent or legal guardian is not the sex 197 offender, agreeing to the sex offender having supervised contact 198 with the child after receiving full disclosure of the sex 199 offender’s present legal status, past criminal history, and the 200 results of the risk assessment. The court may not approve 201 contact with the child if the parent or legal guardian refuses 202 to give written consent for supervised contact; 203 4. A safety plan prepared by the qualified practitioner, 204 who provides treatment to the offender, in collaboration with 205 the sex offender, the child’s parent or legal guardian, if the 206 parent or legal guardian is not the sex offender, and the child, 207 when age appropriate, which details the acceptable conditions of 208 contact between the sex offender and the child. The safety plan 209 must be reviewed and approved by the court; and 210 5. Evidence that the child’s parent or legal guardian 211 understands the need for and agrees to the safety plan and has 212 agreed to provide, or to designate another adult to provide, 213 constant supervision any time the child is in contact with the 214 offender. 215 216 The court may not appoint a person to conduct a risk assessment 217 and may not accept a risk assessment from a person who has not 218 demonstrated to the court that he or she has met the 219 requirements of a qualified practitioner as defined in this 220 section. 221 (f) If the victim was under age 18, a prohibition on 222 working for pay or as a volunteer at any place where children 223 regularly congregate, including, but not limited to, schools, 224 child care facilities, parks, playgrounds, pet stores, 225 libraries, zoos, theme parks, and malls. 226 (g) Unless otherwise indicated in the treatment plan 227 provided by a qualified practitioner in the sexual offender 228 treatment program, a prohibition on viewing, accessing, owning, 229 or possessing any obscene, pornographic, or sexually stimulating 230 visual or auditory material, including telephone, electronic 231 media, computer programs, or computer services that are relevant 232 to the offender’s deviant behavior pattern. 233 (h) Effective for probationers and community controllees 234 whose crime is committed on or after July 1, 2005, a prohibition 235 on accessing the Internet or other computer services until a 236 qualified practitioner in the offender’s sex offender treatment 237 program, after a risk assessment is completed, approves and 238 implements a safety plan for the offender’s accessing or using 239 the Internet or other computer services. 240 (i) A requirement that the probationer or community 241 controllee must submit a specimen of blood or other approved 242 biological specimen to the Department of Law Enforcement to be 243 registered with the DNA data bank. 244 (j) A requirement that the probationer or community 245 controllee make restitution to the victim, as ordered by the 246 court under s. 775.089, for all necessary medical and related 247 professional services relating to physical, psychiatric, and 248 psychological care. 249 (k) Submission to a warrantless search by the community 250 control or probation officer of the probationer’s or community 251 controllee’s person, residence, or vehicle. 252 (2) Effective for a probationer or community controllee 253 whose crime was committed on or after October 1, 1997, and who 254 is placed on community control or sex offender probation for a 255 violation of s. 787.06(3)(b), (d), (f), or (g), chapter 794, s. 256 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, in addition 257 to any other provision of this section, the court must impose 258 the following conditions of probation or community control: 259 (a) As part of a treatment program, participation at least 260 annually in polygraph examinations to obtain information 261 necessary for risk management and treatment and to reduce the 262 sex offender’s denial mechanisms. A polygraph examination must 263 be conducted by a polygrapher who is a member of a national or 264 state polygraph association and who is certified as a 265 postconviction sex offender polygrapher, where available, and 266 shall be paid for by the probationer or community controllee. 267 The results of the polygraph examination shall be provided to 268 the probationer’s or community controllee’s probation officer 269 and qualified practitioner and shall not be used as evidence in 270 court to prove that a violation of community supervision has 271 occurred. 272 (b) Maintenance of a driving log and a prohibition against 273 driving a motor vehicle alone without the prior approval of the 274 supervising officer. 275 (c) A prohibition against obtaining or using a post office 276 box without the prior approval of the supervising officer. 277 (d) If there was sexual contact, a submission to, at the 278 probationer’s or community controllee’s expense, an HIV test 279 with the results to be released to the victim or the victim’s 280 parent or guardian. 281 (e) Electronic monitoring when deemed necessary by the 282 community control or probation officer and his or her 283 supervisor, and ordered by the court at the recommendation of 284 the Department of Corrections. 285 Section 4. Subsections (4) and (5) are added to section 286 960.0015, Florida Statutes, to read: 287 960.0015 Victim’s right to a speedy trial; speedy trial 288 demand by the state attorney.— 289 (4) Upon the filing of a demand for a speedy trial by the 290 state attorney, the trial court may grant a defendant accused of 291 human trafficking an extension if the defendant demonstrates, 292 upon a showing of need to call witnesses or alibi defenses, that 293 such an extension is necessary. The court may grant whatever 294 further extension may be required to prevent deprivation of the 295 defendant’s right to due process. 296 (5) Each state attorney shall adopt a pro-prosecution 297 policy for acts of human trafficking, as defined in s. 787.06. 298 The filing, nonfiling, or diversion of criminal charges shall be 299 determined by a prosecutor even when there is no cooperation 300 from a victim or over the objection of the victim, if necessary. 301 Section 5. This act shall take effect October 1, 2021.