Florida Senate - 2022                                    SB 1436
       By Senator Garcia
       37-01001-22                                           20221436__
    1                        A bill to be entitled                      
    2         An act relating to training on human trafficking;
    3         amending s. 16.618, F.S.; deleting an obsolete
    4         provision; requiring the Florida Forensic Institute
    5         for Research, Security, and Tactics to develop
    6         specified training for firesafety inspectors;
    7         providing that such training is eligible for
    8         continuing education credits; amending s. 409.175,
    9         F.S.; requiring foster parents and agency staff to
   10         complete preservice and inservice training related to
   11         human trafficking; reenacting s. 63.092(3)(e), F.S.,
   12         relating to reports to the court of intended placement
   13         by an adoption entity, to incorporate the amendment
   14         made to s. 409.175, F.S., in a reference thereto;
   15         providing an effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Paragraph (b) of subsection (4) of section
   20  16.618, Florida Statutes, is amended, and paragraph (f) is added
   21  to that subsection, to read:
   22         16.618 Direct-support organization.—
   23         (4)
   24         (b) Recognizing that this state hosts large-scale events,
   25  including sporting events, concerts, and cultural events, which
   26  generate significant tourism to this state, produce significant
   27  economic revenue, and often are conduits for human trafficking,
   28  the institute must develop training that is ready for statewide
   29  dissemination by not later than October 1, 2019.
   30         1. Training must focus on detecting human trafficking, best
   31  practices for reporting human trafficking, and the interventions
   32  and treatment for survivors of human trafficking.
   33         2. In developing the training, the institute shall consult
   34  with law enforcement agencies, survivors of human trafficking,
   35  industry representatives, tourism representatives, and other
   36  interested parties. The institute also must conduct research to
   37  determine the reduction in recidivism attributable to the
   38  education of the harms of human trafficking for first-time
   39  offenders.
   40         (f) The institute shall develop training for firesafety
   41  inspectors in the recognition and reporting of human
   42  trafficking. Such training is eligible for continuing education
   43  credit under s. 633.216(4).
   44         Section 2. Paragraph (e) is added to subsection (14) of
   45  section 409.175, Florida Statutes, to read:
   46         409.175 Licensure of family foster homes, residential
   47  child-caring agencies, and child-placing agencies; public
   48  records exemption.—
   49         (14)
   50         (e)1. In addition to any other preservice training required
   51  by law, foster parents, as a condition of licensure, and agency
   52  staff must successfully complete preservice training related to
   53  human trafficking which must be uniform statewide and must
   54  include, but need not be limited to:
   55         a. Basic information on human trafficking, such as an
   56  understanding of relevant terminology, and the differences
   57  between sex trafficking and labor trafficking;
   58         b. Factors and knowledge on identifying children at risk of
   59  human trafficking; and
   60         c. Steps that should be taken to prevent at-risk youths
   61  from becoming victims of human trafficking.
   62         2. Foster parents, before licensure renewal, and agency
   63  staff, during each full year of employment, must complete
   64  inservice training related to human trafficking to satisfy the
   65  training requirement under subparagraph (5)(b)7.
   66         Section 3. For the purpose of incorporating the amendment
   67  made by this act to section 409.175, Florida Statutes, in a
   68  reference thereto, paragraph (e) of subsection (3) of section
   69  63.092, Florida Statutes, is reenacted to read:
   70         63.092 Report to the court of intended placement by an
   71  adoption entity; at-risk placement; preliminary study.—
   72         (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
   73  intended adoptive home, a preliminary home study must be
   74  performed by a licensed child-placing agency, a child-caring
   75  agency registered under s. 409.176, a licensed professional, or
   76  an agency described in s. 61.20(2), unless the adoptee is an
   77  adult or the petitioner is a stepparent or a relative. If the
   78  adoptee is an adult or the petitioner is a stepparent or a
   79  relative, a preliminary home study may be required by the court
   80  for good cause shown. The department is required to perform the
   81  preliminary home study only if there is no licensed child
   82  placing agency, child-caring agency registered under s. 409.176,
   83  licensed professional, or agency described in s. 61.20(2), in
   84  the county where the prospective adoptive parents reside. The
   85  preliminary home study must be made to determine the suitability
   86  of the intended adoptive parents and may be completed before
   87  identification of a prospective adoptive minor. If the
   88  identified prospective adoptive minor is in the custody of the
   89  department, a preliminary home study must be completed within 30
   90  days after it is initiated. A favorable preliminary home study
   91  is valid for 1 year after the date of its completion. Upon its
   92  completion, a signed copy of the home study must be provided to
   93  the intended adoptive parents who were the subject of the home
   94  study. A minor may not be placed in an intended adoptive home
   95  before a favorable preliminary home study is completed unless
   96  the adoptive home is also a licensed foster home under s.
   97  409.175. The preliminary home study must include, at a minimum:
   98         (e) Documentation of counseling and education of the
   99  intended adoptive parents on adoptive parenting, as determined
  100  by the entity conducting the preliminary home study. The
  101  training specified in s. 409.175(14) shall only be required for
  102  persons who adopt children from the department.
  104  If the preliminary home study is favorable, a minor may be
  105  placed in the home pending entry of the judgment of adoption. A
  106  minor may not be placed in the home if the preliminary home
  107  study is unfavorable. If the preliminary home study is
  108  unfavorable, the adoption entity may, within 20 days after
  109  receipt of a copy of the written recommendation, petition the
  110  court to determine the suitability of the intended adoptive
  111  home. A determination as to suitability under this subsection
  112  does not act as a presumption of suitability at the final
  113  hearing. In determining the suitability of the intended adoptive
  114  home, the court must consider the totality of the circumstances
  115  in the home. A minor may not be placed in a home in which there
  116  resides any person determined by the court to be a sexual
  117  predator as defined in s. 775.21 or to have been convicted of an
  118  offense listed in s. 63.089(4)(b)2.
  119         Section 4. This act shall take effect July 1, 2022.