Florida Senate - 2022                             CS for SB 1436
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Garcia
       586-02600-22                                          20221436c1
    1                        A bill to be entitled                      
    2         An act relating to human trafficking; amending s.
    3         16.617, F.S.; providing the Statewide Council on Human
    4         Trafficking with an additional duty; amending s.
    5         16.618, F.S.; deleting an obsolete provision;
    6         requiring the direct support organization of the
    7         Statewide Council on Human Trafficking to develop
    8         certain training for firesafety inspectors; providing
    9         that such training is eligible for continuing
   10         education credits; amending s. 409.175, F.S.;
   11         requiring foster parents and agency staff to complete
   12         preservice and inservice training related to human
   13         trafficking; reenacting s. 63.092(3)(e), F.S.,
   14         relating to reports to the court of intended placement
   15         by an adoption entity, to incorporate the amendment
   16         made to s. 409.175, F.S., in a reference thereto;
   17         providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Present paragraphs (b) through (e) of subsection
   22  (4) of section 16.617, Florida Statutes, are redesignated as
   23  paragraphs (c) through (f), respectively, and a new paragraph
   24  (b) is added to that subsection, to read:
   25         16.617 Statewide Council on Human Trafficking; creation;
   26  membership; duties.—
   27         (4) DUTIES.—The council shall:
   28         (b) Assess the frequency and extent to which social media
   29  platforms are used to assist, facilitate, or support human
   30  trafficking within this state, establish a process to detect
   31  such use on a consistent basis, and make recommendations on how
   32  to stop, reduce, or prevent social media platforms from being
   33  used for such purposes. To the extent that these objectives can
   34  be achieved under existing laws, the council must implement a
   35  system to do so without undue delay.
   36         Section 2. Paragraph (b) of subsection (4) of section
   37  16.618, Florida Statutes, is amended, and paragraph (f) is added
   38  to that subsection, to read:
   39         16.618 Direct-support organization.—
   40         (4)
   41         (b) Recognizing that this state hosts large-scale events,
   42  including sporting events, concerts, and cultural events, which
   43  generate significant tourism to this state, produce significant
   44  economic revenue, and often are conduits for human trafficking,
   45  the institute must develop training that is available ready for
   46  statewide dissemination by not later than October 1, 2019.
   47         1. Training must focus on detecting human trafficking, best
   48  practices for reporting human trafficking, and the interventions
   49  and treatment for survivors of human trafficking.
   50         2. In developing the training, the institute shall consult
   51  with law enforcement agencies, survivors of human trafficking,
   52  industry representatives, tourism representatives, and other
   53  interested parties. The institute also must conduct research to
   54  determine the reduction in recidivism attributable to the
   55  education of the harms of human trafficking for first-time
   56  offenders.
   57         (f) The direct-support organization shall develop training
   58  for firesafety inspectors in the recognition and reporting of
   59  human trafficking. Such training is eligible for continuing
   60  education credit under s. 633.216(4).
   61         Section 3. Paragraph (e) is added to subsection (14) of
   62  section 409.175, Florida Statutes, to read:
   63         409.175 Licensure of family foster homes, residential
   64  child-caring agencies, and child-placing agencies; public
   65  records exemption.—
   66         (14)
   67         (e)1. In addition to any other preservice training required
   68  by law, foster parents, as a condition of licensure, and agency
   69  staff must successfully complete preservice training related to
   70  human trafficking which must be uniform statewide and must
   71  include, but need not be limited to:
   72         a. Basic information on human trafficking, such as an
   73  understanding of relevant terminology, and the differences
   74  between sex trafficking and labor trafficking;
   75         b. Factors and knowledge on identifying children at risk of
   76  human trafficking; and
   77         c. Steps that should be taken to prevent at-risk youths
   78  from becoming victims of human trafficking.
   79         2. Foster parents, before licensure renewal, and agency
   80  staff, during each full year of employment, must complete
   81  inservice training related to human trafficking to satisfy the
   82  training requirement under subparagraph (5)(b)7.
   83         Section 4. For the purpose of incorporating the amendment
   84  made by this act to section 409.175, Florida Statutes, in a
   85  reference thereto, paragraph (e) of subsection (3) of section
   86  63.092, Florida Statutes, is reenacted to read:
   87         63.092 Report to the court of intended placement by an
   88  adoption entity; at-risk placement; preliminary study.—
   89         (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
   90  intended adoptive home, a preliminary home study must be
   91  performed by a licensed child-placing agency, a child-caring
   92  agency registered under s. 409.176, a licensed professional, or
   93  an agency described in s. 61.20(2), unless the adoptee is an
   94  adult or the petitioner is a stepparent or a relative. If the
   95  adoptee is an adult or the petitioner is a stepparent or a
   96  relative, a preliminary home study may be required by the court
   97  for good cause shown. The department is required to perform the
   98  preliminary home study only if there is no licensed child
   99  placing agency, child-caring agency registered under s. 409.176,
  100  licensed professional, or agency described in s. 61.20(2), in
  101  the county where the prospective adoptive parents reside. The
  102  preliminary home study must be made to determine the suitability
  103  of the intended adoptive parents and may be completed before
  104  identification of a prospective adoptive minor. If the
  105  identified prospective adoptive minor is in the custody of the
  106  department, a preliminary home study must be completed within 30
  107  days after it is initiated. A favorable preliminary home study
  108  is valid for 1 year after the date of its completion. Upon its
  109  completion, a signed copy of the home study must be provided to
  110  the intended adoptive parents who were the subject of the home
  111  study. A minor may not be placed in an intended adoptive home
  112  before a favorable preliminary home study is completed unless
  113  the adoptive home is also a licensed foster home under s.
  114  409.175. The preliminary home study must include, at a minimum:
  115         (e) Documentation of counseling and education of the
  116  intended adoptive parents on adoptive parenting, as determined
  117  by the entity conducting the preliminary home study. The
  118  training specified in s. 409.175(14) shall only be required for
  119  persons who adopt children from the department.
  121  If the preliminary home study is favorable, a minor may be
  122  placed in the home pending entry of the judgment of adoption. A
  123  minor may not be placed in the home if the preliminary home
  124  study is unfavorable. If the preliminary home study is
  125  unfavorable, the adoption entity may, within 20 days after
  126  receipt of a copy of the written recommendation, petition the
  127  court to determine the suitability of the intended adoptive
  128  home. A determination as to suitability under this subsection
  129  does not act as a presumption of suitability at the final
  130  hearing. In determining the suitability of the intended adoptive
  131  home, the court must consider the totality of the circumstances
  132  in the home. A minor may not be placed in a home in which there
  133  resides any person determined by the court to be a sexual
  134  predator as defined in s. 775.21 or to have been convicted of an
  135  offense listed in s. 63.089(4)(b)2.
  136         Section 5. This act shall take effect July 1, 2022.