Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1690
       
       
       
       
       
       
                                Ì220796HÎ220796                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/27/2023           .                                
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       The Committee on Children, Families, and Elder Affairs
       (Ingoglia) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (8) of section 394.875, Florida
    6  Statutes, is amended to read:
    7         394.875 Crisis stabilization units, residential treatment
    8  facilities, and residential treatment centers for children and
    9  adolescents; authorized services; license required.—
   10         (8)(a) The department, in consultation with the agency,
   11  must adopt rules governing a residential treatment center for
   12  children and adolescents which specify licensure standards for:
   13  admission; length of stay; program and staffing; discharge and
   14  discharge planning; treatment planning; seclusion, restraints,
   15  and time-out; rights of patients under s. 394.459; use of
   16  psychotropic medications; and standards for the operation of
   17  such centers. 
   18         (b)Residential treatment centers for children and
   19  adolescents must conspicuously place signs on their premises to
   20  warn children and adolescents of the dangers of human
   21  trafficking and to encourage the reporting of individuals
   22  observed attempting to engage in human trafficking activity. The
   23  signs must contain the telephone number for the National Human
   24  Trafficking Hotline or such other number that the Department of
   25  Law Enforcement uses to detect and stop human trafficking. The
   26  department, in consultation with the agency, shall specify, at a
   27  minimum, the content of the signs by rule.
   28         Section 2. Subsections (3) and (5) of section 787.29,
   29  Florida Statutes, are amended, and subsection (4) of that
   30  section is republished, to read:
   31         787.29 Human trafficking public awareness signs.—
   32         (3)(a) The employer at each of the following establishments
   33  shall display a public awareness sign developed under subsection
   34  (4) in a conspicuous location that is clearly visible to the
   35  public and employees of the establishment:
   36         1.(a) A strip club or other adult entertainment
   37  establishment.
   38         2.(b) A business or establishment that offers massage or
   39  bodywork services for compensation that is not owned by a health
   40  care practitioner regulated pursuant to chapter 456 and defined
   41  in s. 456.001.
   42         (b)The county commission may adopt an ordinance to enforce
   43  this subsection. A violation of this subsection is a noncriminal
   44  violation and punishable by a fine only as provided in s.
   45  775.083.
   46         (4) The required public awareness sign must be at least 8.5
   47  inches by 11 inches in size, must be printed in at least a 16
   48  point type, and must state substantially the following in
   49  English and Spanish:
   50  
   51         “If you or someone you know is being forced to engage
   52         in an activity and cannot leave—whether it is
   53         prostitution, housework, farm work, factory work,
   54         retail work, restaurant work, or any other activity
   55         call the National Human Trafficking Resource Center at
   56         1-888-373-7888 or text INFO or HELP to 233-733 to
   57         access help and services. Victims of slavery and human
   58         trafficking are protected under United States and
   59         Florida law.”
   60  
   61         (5) The county commission may adopt an ordinance to
   62  enforce subsection (3). A violation of subsection (3) is a
   63  noncriminal violation and punishable by a fine only as provided
   64  in s. 775.083.
   65         Section 3. Section 402.88, Florida Statutes, is created to
   66  read:
   67         402.88Adult safe houses for adults who have been sexually
   68  exploited or trafficked.—
   69         (1)As used in this section the term:
   70         (a)“Adult safe house” means a group residential facility
   71  certified by the department under this section to care for
   72  adults who have been sexually exploited or trafficked.
   73         (b)“Department” means the Department of Children and
   74  Families.
   75         (2)The department shall establish a process to certify
   76  adult safe houses that provide housing and care to adult
   77  survivors of human trafficking as defined in s. 787.06. The
   78  adult safe houses certified under this section must:
   79         (a)Provide a facility which will serve as an adult safe
   80  house to receive and house persons who are victims of human
   81  trafficking. For the purpose of this section, minor children and
   82  other dependents of a victim, when such dependents are partly or
   83  wholly dependent on the victim for support or services, may be
   84  sheltered with the victim in an adult safe house.
   85         (b)Receive the annual written endorsement of local law
   86  enforcement agencies.
   87         (c)Provide minimum services that include, but are not
   88  limited to, information and referral services, licensed
   89  counseling and case management services, substance abuse
   90  screening and, when necessary, access or referral to treatment,
   91  temporary emergency shelter for more than 24 hours, a 24-hour
   92  hotline, nonresidential outreach services, training for law
   93  enforcement personnel, assessment and appropriate referral of
   94  resident children, and educational services for community
   95  awareness relative to the incidence of human trafficking, the
   96  prevention of such crimes, and the services available for
   97  persons subject to human trafficking. If a 24-hour hotline,
   98  professional training, or community education is already
   99  provided by an adult safe house within its designated service
  100  area, the department may exempt such certification requirements
  101  for a new center serving the same service area to avoid
  102  duplication of services.
  103         (d)Participate in the provision of orientation and
  104  training programs developed for law enforcement officers, social
  105  workers, and other professionals and paraprofessionals who work
  106  with human trafficking victims to better enable such persons to
  107  deal effectively with incidents of human trafficking.
  108         (e)Provide a safe, therapeutic environment tailored to the
  109  needs of commercially sexually exploited or trafficked adults
  110  who have endured significant trauma. Adult safe houses shall use
  111  a model of treatment that includes strength-based and trauma
  112  informed approaches.
  113         (f)File with the department a list of the names of the
  114  human trafficking advocates who are employed or who volunteer at
  115  the adult safe house who may claim a privilege under s. 90.5037
  116  to refuse to disclose a confidential communication between a
  117  victim of human trafficking and the advocate regarding the human
  118  trafficking inflicted upon the victim. The list must include the
  119  title of the position held by the advocate whose name is listed
  120  and a description of the duties of that position. An adult safe
  121  house shall file amendments to this list as necessary.
  122         (g)Comply with rules adopted under this section.
  123         (3)The department may adopt rules to implement this
  124  section. The rules adopted must include health and safety
  125  provisions, including but not limited to protection from
  126  recruitment, to ensure that the minor children and other
  127  dependents of a victim that shelter in the adult safe house
  128  under paragraph (2)(a) do not become at risk of becoming, or
  129  become victims of commercial sexual exploitation.
  130         (4)The department shall inspect adult safe houses before
  131  certification and annually thereafter to ensure compliance with
  132  the requirements of this section.
  133         (5)The department shall ensure the staff of each adult
  134  safe house completes intensive training that, at a minimum,
  135  includes the needs of victims of commercial sexual exploitation,
  136  the effects of trauma and sexual exploitation, and how to
  137  address victims’ needs using strength-based and trauma-informed
  138  approaches. The department shall specify by rule the contents of
  139  this training and may develop or contract for a standard
  140  curriculum.
  141         (6)If the department finds that there is failure by an
  142  adult safe house to comply with the requirements established, or
  143  rules adopted, under this section, the department may deny,
  144  suspend, or revoke the certification of the adult safe house.
  145         Section 4. Paragraphs (c) and (d) of subsection (2) of
  146  section 409.1678, Florida Statutes, is amended to read:
  147         409.1678 Specialized residential options for children who
  148  are victims of commercial sexual exploitation.—
  149         (2) CERTIFICATION OF SAFE HOUSES AND SAFE FOSTER HOMES.—
  150         (c) To be certified, a safe house must hold a license as a
  151  residential child-caring agency, as defined in s. 409.175, and a
  152  safe foster home must hold a license as a family foster home, as
  153  defined in s. 409.175. A safe house or safe foster home must
  154  also:
  155         1. Use strength-based and trauma-informed approaches to
  156  care, to the extent possible and appropriate.
  157         2. Serve exclusively one sex.
  158         3. Group child victims of commercial sexual exploitation by
  159  age or maturity level.
  160         4. Care for child victims of commercial sexual exploitation
  161  in a manner that separates those children from children with
  162  other needs. Safe houses and safe foster homes may care for
  163  other populations if the children who have not experienced
  164  commercial sexual exploitation do not interact with children who
  165  have experienced commercial sexual exploitation.
  166         5. Have awake staff members on duty 24 hours a day, if a
  167  safe house.
  168         6.a.Provide appropriate security through facility design,
  169  hardware, technology, staffing, and siting, including, but not
  170  limited to, external video monitoring or door exit alarms, a
  171  high staff-to-client ratio, or being situated in a remote
  172  location that is isolated from major transportation centers and
  173  common trafficking areas.
  174         b.If a safe house, appropriate security must provide for,
  175  at a minimum, the detection of possible trafficking activity
  176  around a facility, coordination with law enforcement, and be
  177  part of the emergency response to search for absent or missing
  178  children. For a safe house to be in compliance with providing
  179  appropriate security under this subparagraph, the safe house
  180  must either:
  181         i.Employ or contract with at least one individual that has
  182  law enforcement, investigative, or other similar training, as
  183  established by rule by the department; or
  184         ii.Execute a contract or memorandum of understanding with
  185  a law enforcement agency to perform these functions.
  186         7. If a safe house, conspicuously place signs on the
  187  premises to warn children of the dangers of human trafficking
  188  and to encourage the reporting of individuals observed
  189  attempting to engage in human trafficking activity. The signs
  190  must advise children to report concerns to the local law
  191  enforcement agency or the Department of Law Enforcement,
  192  specifying the appropriate telephone numbers used for such
  193  reports. The department shall specify, at a minimum, the content
  194  of the signs by rule. 
  195         8.Meet other criteria established by department rule,
  196  which may include, but are not limited to, personnel
  197  qualifications, staffing ratios, and types of services offered.	
  198         (d) Safe houses and safe foster homes shall provide
  199  services tailored to the needs of child victims of commercial
  200  sexual exploitation and shall conduct a comprehensive assessment
  201  of the service needs of each resident. In addition to the
  202  services required to be provided by residential child caring
  203  agencies and family foster homes, safe houses and safe foster
  204  homes must provide, arrange for, or coordinate, at a minimum,
  205  the following services:
  206         1. Victim-witness counseling.
  207         2. Family counseling.
  208         3. Behavioral health care.
  209         4. Treatment and intervention for sexual assault.
  210         5. Education tailored to the child’s individual needs,
  211  including remedial education if necessary.
  212         6. Life skills and workforce training.
  213         7. Mentoring by a survivor of commercial sexual
  214  exploitation, if available and appropriate for the child.
  215         8. Substance abuse screening and, when necessary, access to
  216  treatment.
  217         9. Planning services for the successful transition of each
  218  child back to the community.
  219         10. Activities structured in a manner that provides child
  220  victims of commercial sexual exploitation with a full schedule.
  221         11.Deliver age-appropriate programming to educate children
  222  regarding the signs and dangers of commercial sexual
  223  exploitation and how to report commercial sexual exploitation.
  224  The department shall develop or approve such programming.
  225         Section 5. Paragraph (b) of subsection (5) of section
  226  409.175, Florida Statutes, is amended to read:
  227         409.175 Licensure of family foster homes, residential
  228  child-caring agencies, and child-placing agencies; public
  229  records exemption.—
  230         (5) The department shall adopt and amend rules for the
  231  levels of licensed care associated with the licensure of family
  232  foster homes, residential child-caring agencies, and child
  233  placing agencies. The rules may include criteria to approve
  234  waivers to licensing requirements when applying for a child
  235  specific license.
  236         (b) The requirements for licensure and operation of family
  237  foster homes, residential child-caring agencies, and child
  238  placing agencies shall include:
  239         1. The operation, conduct, and maintenance of these homes
  240  and agencies and the responsibility which they assume for
  241  children served and the evidence of need for that service.
  242         2. The provision of food, clothing, educational
  243  opportunities, services, equipment, and individual supplies to
  244  assure the healthy physical, emotional, and mental development
  245  of the children served.
  246         3. The appropriateness, safety, cleanliness, and general
  247  adequacy of the premises, including fire prevention and health
  248  standards, to provide for the physical comfort, care, and well
  249  being of the children served.
  250         4. The ratio of staff to children required to provide
  251  adequate care and supervision of the children served and, in the
  252  case of family foster homes, the maximum number of children in
  253  the home.
  254         5. The good moral character based upon screening,
  255  education, training, and experience requirements for personnel
  256  and family foster homes.
  257         6. The department may grant exemptions from
  258  disqualification from working with children or the
  259  developmentally disabled as provided in s. 435.07.
  260         7. The provision of preservice and inservice training for
  261  all foster parents and agency staff.
  262         8. Satisfactory evidence of financial ability to provide
  263  care for the children in compliance with licensing requirements.
  264         9. The maintenance by the agency of records pertaining to
  265  admission, progress, health, and discharge of children served,
  266  including written case plans and reports to the department.
  267         10. The provision for parental involvement to encourage
  268  preservation and strengthening of a child’s relationship with
  269  the family.
  270         11. The transportation safety of children served.
  271         12. The provisions for safeguarding the cultural,
  272  religious, and ethnic values of a child.
  273         13. Provisions to safeguard the legal rights of children
  274  served.
  275         14. Requiring signs to be conspicuously placed on the
  276  premises of facilities maintained by child-caring agencies to
  277  warn children of the dangers of human trafficking and to
  278  encourage the reporting of individuals observed attempting to
  279  engage in human trafficking activity. The signs must advise
  280  children to report concerns to the local law enforcement agency
  281  or the Department of Law Enforcement, specifying the appropriate
  282  telephone numbers used for such reports. The department shall
  283  specify, at a minimum, the content of the signs by rule.
  284         Section 6. This act shall take effect July 1, 2023.
  285  ================= T I T L E  A M E N D M E N T ================
  286  And the title is amended as follows:
  287         Delete everything before the enacting clause
  288  and insert:
  289                        A bill to be entitled                      
  290         An act relating to sexual exploitation and human
  291         trafficking; amending s. 394.875, F.S.; requiring
  292         residential treatment centers for children and
  293         adolescents to place specified signage; requiring the
  294         Department of Children and Families, in consultation
  295         with the Agency for Health Care Administration, to
  296         adopt rules; amending s. 787.29, F.S.; making
  297         technical changes; creating s. 402.88, F.S.; defining
  298         terms; requiring the Department of Children and
  299         Families to develop a process to certify adult safe
  300         houses that provide housing and care to adult
  301         survivors of human trafficking; providing
  302         certification requirements; authorizing rulemaking;
  303         requiring the department to inspect adult safe houses
  304         before certification and annually thereafter;
  305         requiring the department to ensure the staff of each
  306         adult safe house completes specified intensive
  307         training; providing for department actions for
  308         noncompliance; amending s. 409.1678, F.S.; providing
  309         requirements for safe houses and safe foster homes;
  310         requiring the Department of Children and Families to
  311         develop or approve educational programming on
  312         commercial sexual exploitation; amending s. 409.175,
  313         F.S.; requiring specified signage to be placed on the
  314         premises of facilities maintained by licensed child
  315         caring agencies; requiring the Department of Children
  316         and Families to adopt rules; providing an effective
  317         date.