Florida Senate - 2023 SB 1690
By Senator Ingoglia
11-00446B-23 20231690__
1 A bill to be entitled
2 An act relating to human trafficking; amending s.
3 787.29, F.S.; requiring the Department of Children and
4 Families to develop age-appropriate public awareness
5 signs for display in specified locations that provide
6 shelter and care for dependent children; providing
7 sign requirements; making technical changes; creating
8 s. 402.88, F.S.; defining terms; requiring the
9 Department of Children and Families to develop a
10 process to certify adult safe houses that provide
11 housing and care to adult survivors of human
12 trafficking; providing certification requirements;
13 authorizing rulemaking; requiring the department to
14 inspect adult safe houses before certification and
15 annually thereafter; requiring the department to
16 ensure the staff of each adult safe house completes
17 specified intensive training; providing for department
18 actions for noncompliance; amending s. 409.1678, F.S.;
19 providing security requirements for certain group
20 homes and safe houses; creating s. 409.16781, F.S.;
21 requiring the Department of Children and Families to
22 develop age-appropriate educational programming for
23 children in certain facilities concerning human
24 trafficking; providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. 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) In addition to enforcement by the Department of
43 Children and Families, the county commission may adopt an
44 ordinance to enforce this subsection. A violation of this
45 subsection is a noncriminal violation and punishable by a fine
46 only as provided in s. 775.083.
47 (4) The required public awareness sign must be at least 8.5
48 inches by 11 inches in size, must be printed in at least a 16
49 point type, and must state substantially the following in
50 English and Spanish:
51
52 “If you or someone you know is being forced to engage
53 in an activity and cannot leave—whether it is
54 prostitution, housework, farm work, factory work,
55 retail work, restaurant work, or any other activity
56 call the National Human Trafficking Resource Center at
57 1-888-373-7888 or text INFO or HELP to 233-733 to
58 access help and services. Victims of slavery and human
59 trafficking are protected under United States and
60 Florida law.”
61
62 (5) In conjunction with its development of educational
63 programming on human trafficking under s. 409.16781, the
64 Department of Children and Families shall develop age
65 appropriate public awareness signs on that topic for display in
66 each emergency shelter, runaway shelter, group home, agency
67 operated group treatment home, nonpsychiatric residential group
68 care facility, psychiatric residential treatment facility, safe
69 house as defined in s. 409.1678(1), and other appropriate
70 facilities that provide shelter and care for dependent children.
71 The department shall have the signs conspicuously placed in each
72 such location to warn youth of the dangers of human trafficking
73 and to encourage the reporting of individuals observed
74 attempting to engage in human trafficking activity. The signs
75 must contain the telephone number for either the National Human
76 Trafficking Resource Center or such other number that the
77 Department of Law Enforcement uses to detect and stop human
78 trafficking The county commission may adopt an ordinance to
79 enforce subsection (3). A violation of subsection (3) is a
80 noncriminal violation and punishable by a fine only as provided
81 in s. 775.083.
82 Section 2. Section 402.88, Florida Statutes, is created to
83 read:
84 402.88 Adult safe houses for adults who have been sexually
85 exploited or trafficked.—
86 (1) As used in this section the term:
87 (a) “Adult safe house” means a group residential facility
88 certified by the department under this section to care for
89 adults who have been sexually exploited or trafficked.
90 (b) “Department” means the Department of Children and
91 Families.
92 (2) The department shall establish a process to certify
93 adult safe houses that provide housing and care to adult
94 survivors of human trafficking as defined in s. 787.06. The
95 adult safe houses certified under this section must:
96 (a) Provide a facility which will serve as an adult safe
97 house to receive and house persons who are victims of human
98 trafficking. For the purpose of this section, minor children and
99 other dependents of a victim, when such dependents are partly or
100 wholly dependent on the victim for support or services, may be
101 sheltered with the victim in an adult safe house.
102 (b) Receive the annual written endorsement of local law
103 enforcement agencies.
104 (c) Provide minimum services that include, but are not
105 limited to, information and referral services, licensed
106 counseling and case management services, substance abuse
107 screening and, when necessary, access or referral to treatment,
108 temporary emergency shelter for more than 24 hours, a 24-hour
109 hotline, nonresidential outreach services, training for law
110 enforcement personnel, assessment and appropriate referral of
111 resident children, and educational services for community
112 awareness relative to the incidence of human trafficking, the
113 prevention of such crimes, and the services available for
114 persons subject to human trafficking. If a 24-hour hotline,
115 professional training, or community education is already
116 provided by an adult safe house within its designated service
117 area, the department may exempt such certification requirements
118 for a new center serving the same service area to avoid
119 duplication of services.
120 (d) Participate in the provision of orientation and
121 training programs developed for law enforcement officers, social
122 workers, and other professionals and paraprofessionals who work
123 with human trafficking victims to better enable such persons to
124 deal effectively with incidents of human trafficking.
125 (e) Provide a safe, therapeutic environment tailored to the
126 needs of commercially sexually exploited or trafficked adults
127 who have endured significant trauma. Adult safe houses shall use
128 a model of treatment that includes strength-based and trauma
129 informed approaches.
130 (f) File with the department a list of the names of the
131 human trafficking advocates who are employed or who volunteer at
132 the adult safe house who may claim a privilege under s. 90.5037
133 to refuse to disclose a confidential communication between a
134 victim of human trafficking and the advocate regarding the human
135 trafficking inflicted upon the victim. The list must include the
136 title of the position held by the advocate whose name is listed
137 and a description of the duties of that position. An adult safe
138 house shall file amendments to this list as necessary.
139 (g) Comply with rules adopted under this section.
140 (3) The department may adopt rules to implement this
141 section.
142 (4) The department shall inspect adult safe houses before
143 certification and annually thereafter to ensure compliance with
144 the requirements of this section.
145 (5) The department shall ensure the staff of each adult
146 safe house completes intensive training that, at a minimum,
147 includes the needs of victims of commercial sexual exploitation,
148 the effects of trauma and sexual exploitation, and how to
149 address victims’ needs using strength-based and trauma-informed
150 approaches. The department shall specify by rule the contents of
151 this training and may develop or contract for a standard
152 curriculum.
153 (6) If the department finds that there is failure by an
154 adult safe house to comply with the requirements established, or
155 rules adopted, under this section, the department may deny,
156 suspend, or revoke the certification of the adult safe house.
157 Section 3. Paragraph (c) of subsection (2) of section
158 409.1678, Florida Statutes, is amended to read:
159 409.1678 Specialized residential options for children who
160 are victims of commercial sexual exploitation.—
161 (2) CERTIFICATION OF SAFE HOUSES AND SAFE FOSTER HOMES.—
162 (c) To be certified, a safe house must hold a license as a
163 residential child-caring agency, as defined in s. 409.175, and a
164 safe foster home must hold a license as a family foster home, as
165 defined in s. 409.175. A safe house or safe foster home must
166 also:
167 1. Use strength-based and trauma-informed approaches to
168 care, to the extent possible and appropriate.
169 2. Serve exclusively one sex.
170 3. Group child victims of commercial sexual exploitation by
171 age or maturity level.
172 4. Care for child victims of commercial sexual exploitation
173 in a manner that separates those children from children with
174 other needs. Safe houses and safe foster homes may care for
175 other populations if the children who have not experienced
176 commercial sexual exploitation do not interact with children who
177 have experienced commercial sexual exploitation.
178 5. Have awake staff members on duty 24 hours a day, if a
179 safe house.
180 6. Provide appropriate security through facility design,
181 hardware, technology, staffing, and siting, including, but not
182 limited to, external video monitoring or door exit alarms, a
183 high staff-to-client ratio, or being situated in a remote
184 location that is isolated from major transportation centers and
185 common trafficking areas. Appropriate security must include at
186 least one individual on staff that has law enforcement,
187 investigative, or other similar training, as established by rule
188 by the department, for the detection of possible trafficking
189 activity around a facility, to be an emergency responder to look
190 for absent or missing children, and for coordination with law
191 enforcement.
192 7. Meet other criteria established by department rule,
193 which may include, but are not limited to, personnel
194 qualifications, staffing ratios, and types of services offered.
195 Section 4. Section 409.16781, Florida Statutes, is created
196 to read:
197 409.16781 Educating children in facilities regarding human
198 trafficking; age-appropriate educational programming.—
199 (1) As used in this section the term “facility” means
200 either a licensed residential facility, as defined in s.
201 393.063, or a safe house or safe foster home as defined in s.
202 409.1678(1).
203 (2) The department shall develop age-appropriate
204 educational programming for facilities educating children
205 regarding the signs and dangers of human trafficking and how to
206 report human trafficking.
207 (3) Each facility with teenage children, at least annually,
208 shall use the department’s educational programming regarding
209 human trafficking.
210 Section 5. This act shall take effect July 1, 2023.