ENROLLED
       2023 Legislature     CS for CS for CS for SB 1690, 1st Engrossed
       
       
       
       
       
       
                                                             20231690er
    1  
    2         An act relating to sexual exploitation and human
    3         trafficking; amending s. 394.875, F.S.; requiring
    4         residential treatment centers for children and
    5         adolescents to place specified signage; requiring the
    6         Department of Children and Families, in consultation
    7         with the Agency for Health Care Administration, to
    8         adopt rules; creating s. 402.88, F.S.; defining terms;
    9         requiring the Services and Resources Committee of the
   10         Statewide Council on Human Trafficking to conduct a
   11         study and make certain recommendations; requiring the
   12         department to provide administrative and staff
   13         support; requiring the committee to submit certain
   14         reports by specified dates; requiring the committee to
   15         survey operators of existing adult safe houses in the
   16         state to make specified determinations; providing
   17         requirements for the information the committee must
   18         obtain and the recommendations it must develop;
   19         requiring the department to establish a process to
   20         certify adult safe houses that provide housing and
   21         care to adult survivors of human trafficking;
   22         requiring that adult safe houses be certified by the
   23         department after certification rules are adopted;
   24         requiring the department to adopt rules; providing
   25         application and renewal requirements; requiring the
   26         department to inspect adult safe houses before
   27         certification and annually thereafter; allowing adult
   28         safe houses to provide lists of advocates who are
   29         employed or who volunteer at the adult safe house who
   30         may claim a privilege under s. 90.5037, F.S.;
   31         authorizing the department to take certain
   32         disciplinary actions for noncompliance; amending s.
   33         409.1678, F.S.; providing requirements for safe houses
   34         and safe foster homes; requiring the department to
   35         develop or approve educational programming on
   36         commercial sexual exploitation; amending s. 409.175,
   37         F.S.; requiring specified signage to be placed on the
   38         premises of facilities maintained by licensed child
   39         caring agencies; requiring the department to adopt
   40         rules; amending s. 509.096, F.S.; reducing the
   41         correction period for a public lodging establishment
   42         to respond to a violation committed on or after a
   43         specified date; prohibiting the Division of Hotels and
   44         Restaurants of the Department of Business and
   45         Professional Regulation from providing a correction
   46         period to a public lodging establishment for a second
   47         or subsequent violation committed on or after a
   48         specified date; requiring the division to impose the
   49         applicable administrative fines for such violations;
   50         amending s. 787.29, F.S.; making technical changes;
   51         providing an appropriation; providing an effective
   52         date.
   53          
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. Subsection (8) of section 394.875, Florida
   57  Statutes, is amended to read:
   58         394.875 Crisis stabilization units, residential treatment
   59  facilities, and residential treatment centers for children and
   60  adolescents; authorized services; license required.—
   61         (8)(a) The department, in consultation with the agency,
   62  must adopt rules governing a residential treatment center for
   63  children and adolescents which specify licensure standards for:
   64  admission; length of stay; program and staffing; discharge and
   65  discharge planning; treatment planning; seclusion, restraints,
   66  and time-out; rights of patients under s. 394.459; use of
   67  psychotropic medications; and standards for the operation of
   68  such centers.
   69         (b)Residential treatment centers for children and
   70  adolescents must conspicuously place signs on their premises to
   71  warn children and adolescents of the dangers of human
   72  trafficking and to encourage the reporting of individuals
   73  observed attempting to engage in human trafficking activity. The
   74  signs must contain the telephone number for the National Human
   75  Trafficking Hotline or such other number that the Department of
   76  Law Enforcement uses to detect and stop human trafficking. The
   77  department, in consultation with the agency, shall specify, at a
   78  minimum, the content of the signs by rule.
   79         Section 2. Section 402.88, Florida Statutes, is created to
   80  read:
   81         402.88 Adult safe houses.—
   82         (1) As used in this section, the term:
   83         (a) “Adult safe house” means a group residential facility
   84  that provides housing and care specifically for adult survivors
   85  of human trafficking.
   86         (b) “Adult survivor of human trafficking” or “survivor”
   87  means an individual who has reached the age of 18 and who has
   88  been subjected to human trafficking as defined in s. 787.06.
   89         (c) “Department” means the Department of Children and
   90  Families.
   91         (2) The Services and Resources Committee of the Statewide
   92  Council on Human Trafficking established under s. 16.617 shall
   93  conduct a study and make recommendations regarding the
   94  regulation of adult safe houses, as provided in this section.
   95         (a) The department shall provide administrative and staff
   96  support to the committee in meeting the requirements of this
   97  section.
   98         (b) The committee shall submit an interim report regarding
   99  its activities and findings by October 1, 2023, to the Governor,
  100  the President of the Senate, and the Speaker of the House of
  101  Representatives. The committee shall submit a final report
  102  addressing all requirements of this subsection by December 31,
  103  2023, to the Governor, the President of the Senate, and the
  104  Speaker of the House of Representatives.
  105         (3) The committee shall survey operators of existing adult
  106  safe houses in the state to determine the following information
  107  regarding their operation. The information may be obtained and
  108  presented on a categorical or high-level basis, as appropriate.
  109         (a) The number of adult safe houses in Florida and the
  110  regions of the state where they are located.
  111         (b) The number of beds in adult safe houses and number of
  112  individuals served per year.
  113         (c) The policies and criteria regarding which adult
  114  survivors of human trafficking may be served and the processes
  115  for intake and discharge, such as for how referrals are
  116  received.
  117         (d) The amount of revenues supporting adult safe house
  118  operation and the sources of such funds, including, but not
  119  limited to, the amount of state and federal funds received and
  120  the specific source of such state and federal funds.
  121         (e) Services and supports provided to adult survivors of
  122  human trafficking directly by the adult safe house and services
  123  to which residents are referred, including while they are
  124  residing in the adult safe house and after transitioning out of
  125  the adult safe house.
  126         (f) Training requirements for staff and volunteers.
  127         (g) The nature of and mechanisms for coordination with law
  128  enforcement.
  129         (h) Whether the adult safe houses allow children of adult
  130  survivors of human trafficking to also reside in the houses, and
  131  if so, policies regarding their residence in the house and
  132  services directly provided to them or to which they may be
  133  referred.
  134         (i) Policies of adult safe houses that ensure that adult
  135  survivors of human trafficking are served in a respectful and
  136  trauma-informed manner.
  137         (j) Challenges faced by adult safe houses in providing a
  138  safe and therapeutic environment that is trauma-informed and in
  139  providing services to residents and their children.
  140         (k) Any accreditations held by adult safe houses, external
  141  standards promulgated by outside bodies which houses meet, or
  142  other industry certifications held by adult safe houses.
  143         (l) Identification of ineffective or problematic practices
  144  in existing adult safe houses in the state and recommendations
  145  regarding minimum standards for regulation.
  146         (4) As part of the study, the committee shall also:
  147         (a) Identify and review standards recommended by national
  148  organizations or experts specializing in adult safe house
  149  service provision or shelter or housing for adult survivors of
  150  human trafficking.
  151         (b) Obtain recommendations from adult survivors of human
  152  trafficking and law enforcement agencies regarding regulation of
  153  adult safe houses.
  154         (5) The committee shall develop recommendations for
  155  regulation of adult safe houses in Florida based on, at a
  156  minimum, the information obtained by the committee under this
  157  section.
  158         (6) After December 31, 2023, the department shall initiate
  159  rulemaking and adopt rules establishing minimum standards for
  160  certification of adult safe houses to ensure that they provide a
  161  safe and therapeutic environment and operate in a survivor
  162  centered and trauma-informed manner. After rules are adopted to
  163  certify adult safe houses, only adult safe houses certified by
  164  the department may provide group residential housing and care
  165  specifically for adult survivors of human trafficking. Adult
  166  safe houses in operation as of the date that rules initially
  167  adopted under this section become effective shall have 6 months
  168  from such date to become certified.
  169         (a) The department shall adopt rules for the operation of
  170  adult safe houses, including standards for, at a minimum, the
  171  following:
  172         1. Safe and therapeutic environments to receive and house
  173  adult survivors of human trafficking.
  174         2. Appropriate security.
  175         3. Coordination with local law enforcement agencies.
  176         4. Safe and appropriate sheltering of minor children and
  177  other dependents of an adult survivor of human trafficking.
  178         5. Operations based on trauma-informed and survivor
  179  centered principles.
  180         6. Trauma-informed, survivor-centered services that must,
  181  at a minimum, be provided, and other services that may be
  182  provided or to which adult survivors of human trafficking may be
  183  referred.
  184         7. Appropriate training, background screening, and
  185  compliance with policies and procedures by owners, directors,
  186  board members, personnel, and volunteers of the adult safe
  187  house, as applicable.
  188         (b) The department shall require complete applications for
  189  certification and for recertification, which must be renewed
  190  every 2 years, using forms furnished by the department, and
  191  provide all required information.
  192         (c) The department shall inspect adult safe houses before
  193  certification and at least annually thereafter to ensure
  194  compliance with the requirements of this section.
  195         (d) An adult safe house may provide to the department a
  196  list of the names of the human trafficking advocates who are
  197  employed or who volunteer at the adult safe house who may claim
  198  a privilege under s. 90.5037 to refuse to disclose a
  199  confidential communication between a victim of human trafficking
  200  and the advocate regarding the human trafficking inflicted upon
  201  the adult survivor of human trafficking. If a list is filed, the
  202  list must include the title of the position held by the advocate
  203  whose name is listed and a description of the duties of that
  204  position. An adult safe house shall file amendments to this list
  205  as necessary.
  206         (e) If the department finds failure by an adult safe house
  207  to comply with the requirements established in or rules adopted
  208  under this section, the department may subject the adult safe
  209  house to disciplinary action, including, but not limited to,
  210  requiring a corrective action plan, imposing administrative
  211  fines, or denying, suspending, or revoking the certification of
  212  the adult safe house.
  213         Section 3. Paragraphs (c) and (d) of subsection (2) of
  214  section 409.1678, Florida Statutes, are amended to read:
  215         409.1678 Specialized residential options for children who
  216  are victims of commercial sexual exploitation.—
  217         (2) CERTIFICATION OF SAFE HOUSES AND SAFE FOSTER HOMES.—
  218         (c) To be certified, a safe house must hold a license as a
  219  residential child-caring agency, as defined in s. 409.175, and a
  220  safe foster home must hold a license as a family foster home, as
  221  defined in s. 409.175. A safe house or safe foster home must
  222  also:
  223         1. Use strength-based and trauma-informed approaches to
  224  care, to the extent possible and appropriate.
  225         2. Serve exclusively one sex.
  226         3. Group child victims of commercial sexual exploitation by
  227  age or maturity level.
  228         4. Care for child victims of commercial sexual exploitation
  229  in a manner that separates those children from children with
  230  other needs. Safe houses and safe foster homes may care for
  231  other populations if the children who have not experienced
  232  commercial sexual exploitation do not interact with children who
  233  have experienced commercial sexual exploitation.
  234         5. Have awake staff members on duty 24 hours a day, if a
  235  safe house.
  236         6.a. Provide appropriate security through facility design,
  237  hardware, technology, staffing, and siting, including, but not
  238  limited to, external video monitoring or door exit alarms, a
  239  high staff-to-client ratio, or being situated in a remote
  240  location that is isolated from major transportation centers and
  241  common trafficking areas.
  242         b.If a safe house, appropriate security must provide for,
  243  at a minimum, the detection of possible trafficking activity
  244  around a facility, coordination with law enforcement, and be
  245  part of the emergency response to search for absent or missing
  246  children. For a safe house to be in compliance with providing
  247  appropriate security under this subparagraph, the safe house
  248  must either:
  249         (I)Employ or contract with at least one individual that
  250  has law enforcement, investigative, or other similar training,
  251  as established by rule by the department; or
  252         (II)Execute a contract or memorandum of understanding with
  253  a law enforcement agency to perform these functions.
  254         7. If a safe house, conspicuously place signs on the
  255  premises to warn children of the dangers of human trafficking
  256  and to encourage the reporting of individuals observed
  257  attempting to engage in human trafficking activity. The signs
  258  must advise children to report concerns to the local law
  259  enforcement agency or the Department of Law Enforcement,
  260  specifying the appropriate telephone numbers used for such
  261  reports. The department shall specify, at a minimum, the content
  262  of the signs by rule.
  263         8. Meet other criteria established by department rule,
  264  which may include, but are not limited to, personnel
  265  qualifications, staffing ratios, and types of services offered.
  266         (d) Safe houses and safe foster homes shall provide
  267  services tailored to the needs of child victims of commercial
  268  sexual exploitation and shall conduct a comprehensive assessment
  269  of the service needs of each resident. In addition to the
  270  services required to be provided by residential child caring
  271  agencies and family foster homes, safe houses and safe foster
  272  homes must provide, arrange for, or coordinate, at a minimum,
  273  the following services:
  274         1. Victim-witness counseling.
  275         2. Family counseling.
  276         3. Behavioral health care.
  277         4. Treatment and intervention for sexual assault.
  278         5. Education tailored to the child’s individual needs,
  279  including remedial education if necessary.
  280         6. Life skills and workforce training.
  281         7. Mentoring by a survivor of commercial sexual
  282  exploitation, if available and appropriate for the child.
  283         8. Substance abuse screening and, when necessary, access to
  284  treatment.
  285         9. Planning services for the successful transition of each
  286  child back to the community.
  287         10. Activities structured in a manner that provides child
  288  victims of commercial sexual exploitation with a full schedule.
  289         11.Deliver age-appropriate programming to educate children
  290  regarding the signs and dangers of commercial sexual
  291  exploitation and how to report commercial sexual exploitation.
  292  The department shall develop or approve such programming.
  293         Section 4. Paragraph (b) of subsection (5) of section
  294  409.175, Florida Statutes, is amended to read:
  295         409.175 Licensure of family foster homes, residential
  296  child-caring agencies, and child-placing agencies; public
  297  records exemption.—
  298         (5) The department shall adopt and amend rules for the
  299  levels of licensed care associated with the licensure of family
  300  foster homes, residential child-caring agencies, and child
  301  placing agencies. The rules may include criteria to approve
  302  waivers to licensing requirements when applying for a child
  303  specific license.
  304         (b) The requirements for licensure and operation of family
  305  foster homes, residential child-caring agencies, and child
  306  placing agencies shall include:
  307         1. The operation, conduct, and maintenance of these homes
  308  and agencies and the responsibility which they assume for
  309  children served and the evidence of need for that service.
  310         2. The provision of food, clothing, educational
  311  opportunities, services, equipment, and individual supplies to
  312  assure the healthy physical, emotional, and mental development
  313  of the children served.
  314         3. The appropriateness, safety, cleanliness, and general
  315  adequacy of the premises, including fire prevention and health
  316  standards, to provide for the physical comfort, care, and well
  317  being of the children served.
  318         4. The ratio of staff to children required to provide
  319  adequate care and supervision of the children served and, in the
  320  case of family foster homes, the maximum number of children in
  321  the home.
  322         5. The good moral character based upon screening,
  323  education, training, and experience requirements for personnel
  324  and family foster homes.
  325         6. The department may grant exemptions from
  326  disqualification from working with children or the
  327  developmentally disabled as provided in s. 435.07.
  328         7. The provision of preservice and inservice training for
  329  all foster parents and agency staff.
  330         8. Satisfactory evidence of financial ability to provide
  331  care for the children in compliance with licensing requirements.
  332         9. The maintenance by the agency of records pertaining to
  333  admission, progress, health, and discharge of children served,
  334  including written case plans and reports to the department.
  335         10. The provision for parental involvement to encourage
  336  preservation and strengthening of a child’s relationship with
  337  the family.
  338         11. The transportation safety of children served.
  339         12. The provisions for safeguarding the cultural,
  340  religious, and ethnic values of a child.
  341         13. Provisions to safeguard the legal rights of children
  342  served.
  343         14.Requiring signs to be conspicuously placed on the
  344  premises of facilities maintained by child-caring agencies to
  345  warn children of the dangers of human trafficking and to
  346  encourage the reporting of individuals observed attempting to
  347  engage in human trafficking activity. The signs must advise
  348  children to report concerns to the local law enforcement agency
  349  or the Department of Law Enforcement, specifying the appropriate
  350  telephone numbers used for such reports. The department shall
  351  specify, at a minimum, the content of the signs by rule.
  352         Section 5. Subsection (3) of section 509.096, Florida
  353  Statutes, is amended to read:
  354         509.096 Human trafficking awareness training and policies
  355  for employees of public lodging establishments; enforcement.—
  356         (3) For a violation committed on or after July 1, 2023, the
  357  division shall impose an administrative fine of $2,000 per day
  358  on a public lodging establishment that is not in compliance with
  359  this section and remit the fines to the direct-support
  360  organization established under s. 16.618, unless the division
  361  receives adequate written documentation from the public lodging
  362  establishment which provides assurance that each deficiency will
  363  be corrected within 45 90 days after the division provided the
  364  public lodging establishment with notice of its violation. For a
  365  second or subsequent violation of this subsection committed on
  366  or after July 1, 2023, the division may not provide a correction
  367  period to a public lodging establishment and must impose the
  368  applicable administrative fines.
  369         Section 6. Subsections (3) and (5) of section 787.29,
  370  Florida Statutes, are amended, and subsection (4) of that
  371  section is republished, to read:
  372         787.29 Human trafficking public awareness signs.—
  373         (3)(a) The employer at each of the following establishments
  374  shall display a public awareness sign developed under subsection
  375  (4) in a conspicuous location that is clearly visible to the
  376  public and employees of the establishment:
  377         1.(a) A strip club or other adult entertainment
  378  establishment.
  379         2.(b) A business or establishment that offers massage or
  380  bodywork services for compensation that is not owned by a health
  381  care practitioner regulated pursuant to chapter 456 and defined
  382  in s. 456.001.
  383         (b)The county commission may adopt an ordinance to enforce
  384  this subsection. A violation of this subsection is a noncriminal
  385  violation and punishable by a fine only as provided in s.
  386  775.083.
  387         (4) The required public awareness sign must be at least 8.5
  388  inches by 11 inches in size, must be printed in at least a 16
  389  point type, and must state substantially the following in
  390  English and Spanish:
  391  
  392         “If you or someone you know is being forced to engage
  393         in an activity and cannot leave—whether it is
  394         prostitution, housework, farm work, factory work,
  395         retail work, restaurant work, or any other activity
  396         call the National Human Trafficking Resource Center at
  397         1-888-373-7888 or text INFO or HELP to 233-733 to
  398         access help and services. Victims of slavery and human
  399         trafficking are protected under United States and
  400         Florida law.”
  401  
  402         (5)The county commission may adopt an ordinance to enforce
  403  subsection (3). A violation of subsection (3) is a noncriminal
  404  violation and punishable by a fine only as provided in s.
  405  775.083.
  406         Section 7. For the 2023-2024 fiscal year, the sums of
  407  $75,000 in recurring funds and $388,000 in nonrecurring funds
  408  from the Administrative Trust Fund within the Department of
  409  Children and Families are appropriated to the Department of
  410  Children and Families for technology enhancements required to
  411  implement this act.
  412         Section 8. This act shall take effect July 1, 2023.