November 18, 2019
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       Florida Senate - 2010                                    SB 1700
       
       
       
       By Senator Ring
       
       
       
       
       32-01593-10                                           20101700__
    1                        A bill to be entitled                      
    2         An act relating to sexual exploitation; providing a
    3         short title; amending s. 39.001, F.S.; providing
    4         legislative intent and goals; conforming cross
    5         references; amending s. 39.01, F.S.; revising the
    6         definitions of the terms “abuse,” “child who is found
    7         to be dependent,” and “sexual abuse of a child”;
    8         amending s. 39.401, F.S.; requiring delivery of
    9         children alleged to be dependant and sexually
   10         exploited to short-term safe houses; amending s.
   11         39.402, F.S.; providing for a presumption that
   12         placement of a child alleged to have been sexually
   13         exploited in a short-term safe house is necessary;
   14         providing requirements for findings in a shelter
   15         hearing relating to placement of an allegedly sexually
   16         exploited child in a short-term safe house; amending
   17         s. 39.521, F.S.; providing for a presumption that
   18         placement of children alleged to have been sexually
   19         exploited in a safe house is necessary; creating s.
   20         39.524, F.S.; requiring assessment of certain children
   21         for placement in a safe house; providing for use of
   22         such assessments; providing requirements for safe
   23         houses receiving such children; providing for
   24         placement of other children in safe houses when
   25         appropriate; requiring an annual report concerning
   26         safe-house placements; providing requirements relating
   27         to appropriations for safe houses; amending s. 322.28,
   28         F.S.; conforming a cross-reference; creating s.
   29         409.1678, F.S.; providing legislative intent relating
   30         to safe houses; providing definitions; requiring
   31         districts of the Department of Children and Family
   32         Services to address child welfare service needs of
   33         sexually exploited children as a component of their
   34         master plans; providing for operation of safe houses;
   35         providing duties, responsibilities, and requirements
   36         for safe houses and their operators; providing for
   37         training for law enforcement officials who are likely
   38         to encounter sexually exploited children; amending s.
   39         796.07, F.S.; revising prohibitions on prostitution
   40         and related acts; conforming a cross-reference;
   41         amending ss. 985.145 and 985.15, F.S.; providing a
   42         presumption against filing a delinquency petition for
   43         certain prostitution-related offenses in certain
   44         circumstances; providing an effective date.
   45  
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. This act may be cited as the “Florida Safe
   49  Harbor Act.”
   50         Section 2. Subsections (4) through (12) of section 39.001,
   51  Florida Statutes, are renumbered as subsections (5) through
   52  (13), respectively, paragraph (c) of present subsection (7) and
   53  paragraph (b) of present subsection (9) are amended, and a new
   54  subsection (4) is added to that section, to read:
   55         39.001 Purposes and intent; personnel standards and
   56  screening.—
   57         (4) SEXUAL EXPLOITATION SERVICES.—
   58         (a) The Legislature recognizes that child sexual
   59  exploitation is a serious problem nationwide and in this state.
   60  The children at greatest risk of being sexually exploited are
   61  runaways and throwaways. Many of these children have a history
   62  of abuse and neglect. The vulnerability of these children starts
   63  with isolation from family and friends. Traffickers maintain
   64  control of child victims through psychological manipulation,
   65  force, drug addiction, or the exploitation of economic,
   66  physical, or emotional vulnerability. Children exploited through
   67  the sex trade often find it difficult to trust adults because of
   68  their abusive experiences. These children make up a population
   69  that is hard to serve and harder to rehabilitate. Although
   70  minors are by law unable to consent to sexual activity, they are
   71  most often treated as perpetrators of crime rather than victims.
   72  Moreover, the historical treatment of such children as
   73  delinquents has too often resulted in the failure to
   74  successfully prosecute the trafficker, who is the true wrongdoer
   75  and threat to society.
   76         (b) The Legislature establishes the following goals for the
   77  state related to the status and treatment of sexually exploited
   78  children in the dependency process:
   79         1. To ensure the safety of children.
   80         2. To provide for the treatment of such children as
   81  dependent children rather than as delinquents.
   82         3. To sever the bond between exploited children and
   83  traffickers and to reunite these children with their families or
   84  provide them with appropriate guardians.
   85         4. To enable such children to be willing and reliable
   86  witnesses in the prosecution of traffickers.
   87         (c) The Legislature finds that sexually exploited children
   88  need special care and services in the dependency process, which
   89  include counseling, health care, substance abuse treatment,
   90  educational opportunities, and a safe environment secure from
   91  traffickers.
   92         (d) The Legislature further finds that sexually exploited
   93  children need the special care and services described in
   94  paragraph (c) independent of their citizenship, residency,
   95  alien, or immigrant status. It is the intent of the Legislature
   96  that this state provide such care and services to all sexually
   97  exploited children in this state who are not otherwise receiving
   98  comparable services, such as those under the federal Trafficking
   99  Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
  100         (8)(7) OFFICE OF ADOPTION AND CHILD PROTECTION.—
  101         (c) The office is authorized and directed to:
  102         1. Oversee the preparation and implementation of the state
  103  plan established under subsection (9) (8) and revise and update
  104  the state plan as necessary.
  105         2. Provide for or make available continuing professional
  106  education and training in the prevention of child abuse and
  107  neglect.
  108         3. Work to secure funding in the form of appropriations,
  109  gifts, and grants from the state, the Federal Government, and
  110  other public and private sources in order to ensure that
  111  sufficient funds are available for the promotion of adoption,
  112  support of adoptive families, and child abuse prevention
  113  efforts.
  114         4. Make recommendations pertaining to agreements or
  115  contracts for the establishment and development of:
  116         a. Programs and services for the promotion of adoption,
  117  support of adoptive families, and prevention of child abuse and
  118  neglect.
  119         b. Training programs for the prevention of child abuse and
  120  neglect.
  121         c. Multidisciplinary and discipline-specific training
  122  programs for professionals with responsibilities affecting
  123  children, young adults, and families.
  124         d. Efforts to promote adoption.
  125         e. Postadoptive services to support adoptive families.
  126         5. Monitor, evaluate, and review the development and
  127  quality of local and statewide services and programs for the
  128  promotion of adoption, support of adoptive families, and
  129  prevention of child abuse and neglect and shall publish and
  130  distribute an annual report of its findings on or before January
  131  1 of each year to the Governor, the Speaker of the House of
  132  Representatives, the President of the Senate, the head of each
  133  state agency affected by the report, and the appropriate
  134  substantive committees of the Legislature. The report shall
  135  include:
  136         a. A summary of the activities of the office.
  137         b. A summary of the adoption data collected and reported to
  138  the federal Adoption and Foster Care Analysis and Reporting
  139  System (AFCARS) and the federal Administration for Children and
  140  Families.
  141         c. A summary of the child abuse prevention data collected
  142  and reported to the National Child Abuse and Neglect Data System
  143  (NCANDS) and the federal Administration for Children and
  144  Families.
  145         d. A summary detailing the timeliness of the adoption
  146  process for children adopted from within the child welfare
  147  system.
  148         e. Recommendations, by state agency, for the further
  149  development and improvement of services and programs for the
  150  promotion of adoption, support of adoptive families, and
  151  prevention of child abuse and neglect.
  152         f. Budget requests, adoption promotion and support needs,
  153  and child abuse prevention program needs by state agency.
  154         6. Work with the direct-support organization established
  155  under s. 39.0011 to receive financial assistance.
  156         (10)(9) FUNDING AND SUBSEQUENT PLANS.—
  157         (b) The office and the other agencies and organizations
  158  listed in paragraph (9)(8)(a) shall readdress the state plan and
  159  make necessary revisions every 5 years, at a minimum. Such
  160  revisions shall be submitted to the Speaker of the House of
  161  Representatives and the President of the Senate no later than
  162  June 30 of each year divisible by 5. At least biennially, the
  163  office shall review the state plan and make any necessary
  164  revisions based on changing needs and program evaluation
  165  results. An annual progress report shall be submitted to update
  166  the state plan in the years between the 5-year intervals. In
  167  order to avoid duplication of effort, these required plans may
  168  be made a part of or merged with other plans required by either
  169  the state or Federal Government, so long as the portions of the
  170  other state or Federal Government plan that constitute the state
  171  plan for the promotion of adoption, support of adoptive
  172  families, and prevention of child abuse, abandonment, and
  173  neglect are clearly identified as such and are provided to the
  174  Speaker of the House of Representatives and the President of the
  175  Senate as required above.
  176         Section 3. Subsections (2) and (15) and paragraph (g) of
  177  subsection (67) of section 39.01, Florida Statutes, are amended
  178  to read:
  179         39.01 Definitions.—When used in this chapter, unless the
  180  context otherwise requires:
  181         (2) “Abuse” means any willful act or threatened act that
  182  results in any physical, mental, or sexual abuse or injury or
  183  harm that causes or is likely to cause the child’s physical,
  184  mental, or emotional health to be significantly impaired. Abuse
  185  of a child includes acts or omissions. Corporal discipline of a
  186  child by a parent or legal custodian for disciplinary purposes
  187  does not in itself constitute abuse when it does not result in
  188  harm to the child.
  189         (15) “Child who is found to be dependent” means a child
  190  who, pursuant to this chapter, is found by the court:
  191         (a) To have been abandoned, abused, or neglected by the
  192  child’s parent or parents or legal custodians;
  193         (b) To have been surrendered to the department, the former
  194  Department of Health and Rehabilitative Services, or a licensed
  195  child-placing agency for purpose of adoption;
  196         (c) To have been voluntarily placed with a licensed child
  197  caring agency, a licensed child-placing agency, an adult
  198  relative, the department, or the former Department of Health and
  199  Rehabilitative Services, after which placement, under the
  200  requirements of this chapter, a case plan has expired and the
  201  parent or parents or legal custodians have failed to
  202  substantially comply with the requirements of the plan;
  203         (d) To have been voluntarily placed with a licensed child
  204  placing agency for the purposes of subsequent adoption, and a
  205  parent or parents have signed a consent pursuant to the Florida
  206  Rules of Juvenile Procedure;
  207         (e) To have no parent or legal custodians capable of
  208  providing supervision and care; or
  209         (f) To be at substantial risk of imminent abuse,
  210  abandonment, or neglect by the parent or parents or legal
  211  custodians; or
  212         (g) To have been sexually exploited and to have no parent,
  213  legal custodian, or responsible adult relative currently known
  214  and capable of providing the necessary and appropriate
  215  supervision and care.
  216         (67) “Sexual abuse of a child” means one or more of the
  217  following acts:
  218         (g) The sexual exploitation of a child, which includes the
  219  act of a child offering to engage in or engaging in
  220  prostitution; or allowing, encouraging, or forcing a child to:
  221         1. Solicit for or engage in prostitution; or
  222         2. Engage in a sexual performance, as defined by chapter
  223  827; or
  224         3. Participate in the trade of sex trafficking as provided
  225  in s. 796.035.
  226         Section 4. Paragraph (b) of subsection (2) and paragraph
  227  (b) of subsection (3) of section 39.401, Florida Statutes, are
  228  amended to read:
  229         39.401 Taking a child alleged to be dependent into custody;
  230  law enforcement officers and authorized agents of the
  231  department.—
  232         (2) If the law enforcement officer takes the child into
  233  custody, that officer shall:
  234         (b) Deliver the child to an authorized agent of the
  235  department, stating the facts by reason of which the child was
  236  taken into custody and sufficient information to establish
  237  probable cause that the child is abandoned, abused, or
  238  neglected, or otherwise dependent. In the case of a child who is
  239  sexually exploited, the law enforcement officer shall deliver
  240  the child to the appropriate short-term safe house as provided
  241  for in s. 409.1678 if a short-term safe house is available.
  242  
  243  For cases involving allegations of abandonment, abuse, or
  244  neglect, or other dependency cases, within 3 days after such
  245  release or within 3 days after delivering the child to an
  246  authorized agent of the department, the law enforcement officer
  247  who took the child into custody shall make a full written report
  248  to the department.
  249         (3) If the child is taken into custody by, or is delivered
  250  to, an authorized agent of the department, the agent shall
  251  review the facts supporting the removal with an attorney
  252  representing the department. The purpose of the review is to
  253  determine whether there is probable cause for the filing of a
  254  shelter petition.
  255         (b) If the facts are sufficient and the child has not been
  256  returned to the custody of the parent or legal custodian, the
  257  department shall file the petition and schedule a hearing, and
  258  the attorney representing the department shall request that a
  259  shelter hearing be held within 24 hours after the removal of the
  260  child. While awaiting the shelter hearing, the authorized agent
  261  of the department may place the child in licensed shelter care,
  262  or in a short-term safe house if the child is a sexually
  263  exploited child, or may release the child to a parent or legal
  264  custodian or responsible adult relative or the adoptive parent
  265  of the child’s sibling who shall be given priority consideration
  266  over a licensed placement, or a responsible adult approved by
  267  the department if this is in the best interests of the child.
  268  Placement of a child which is not in a licensed shelter must be
  269  preceded by a criminal history records check as required under
  270  s. 39.0138. In addition, the department may authorize placement
  271  of a housekeeper/homemaker in the home of a child alleged to be
  272  dependent until the parent or legal custodian assumes care of
  273  the child.
  274         Section 5. Subsection (2) and paragraphs (a), (d), and (h)
  275  of subsection (8) of section 39.402, Florida Statutes, are
  276  amended to read:
  277         39.402 Placement in a shelter.—
  278         (2) A child taken into custody may be placed or continued
  279  in a shelter only if one or more of the criteria in subsection
  280  (1) applies and the court has made a specific finding of fact
  281  regarding the necessity for removal of the child from the home
  282  and has made a determination that the provision of appropriate
  283  and available services will not eliminate the need for
  284  placement. In the case of a child who is alleged to have been
  285  sexually exploited, there is a rebuttable presumption that
  286  placement in a short-term safe house is necessary.
  287         (8)(a) A child may not be held in a shelter longer than 24
  288  hours unless an order so directing is entered by the court after
  289  a shelter hearing. In the interval until the shelter hearing is
  290  held, the decision to place the child in a shelter or release
  291  the child from a shelter lies with the protective investigator.
  292  In the case of a child who is alleged to have been sexually
  293  exploited, there is a rebuttable presumption that placement in a
  294  short-term safe house is necessary.
  295         (d) At the shelter hearing, in order to continue the child
  296  in shelter care:
  297         1. The department must establish probable cause that
  298  reasonable grounds for removal exist and that the provision of
  299  appropriate and available services will not eliminate the need
  300  for placement; or
  301         2. The department must establish probable cause for the
  302  belief that the child has been sexually exploited and,
  303  therefore, that placement in a short-term safe house is the most
  304  appropriate environment for the child; or
  305         3.2. The court must determine that additional time is
  306  necessary, which may not exceed 72 hours, in which to obtain and
  307  review documents pertaining to the family in order to
  308  appropriately determine the risk to the child during which time
  309  the child shall remain in the department’s custody, if so
  310  ordered by the court.
  311         (h) The order for placement of a child in shelter care must
  312  identify the parties present at the hearing and must contain
  313  written findings:
  314         1. That placement in shelter care is necessary based on the
  315  criteria in subsections (1) and (2).
  316         2. That placement in shelter care is in the best interest
  317  of the child.
  318         3. That continuation of the child in the home is contrary
  319  to the welfare of the child because the home situation presents
  320  a substantial and immediate danger to the child’s physical,
  321  mental, or emotional health or safety which cannot be mitigated
  322  by the provision of preventive services.
  323         4. That based upon the allegations of the petition for
  324  placement in shelter care, there is probable cause to believe
  325  that the child is dependent or that the court needs additional
  326  time, which may not exceed 72 hours, in which to obtain and
  327  review documents pertaining to the family in order to
  328  appropriately determine the risk to the child.
  329         5. That the department has made reasonable efforts to
  330  prevent or eliminate the need for removal of the child from the
  331  home. A finding of reasonable effort by the department to
  332  prevent or eliminate the need for removal may be made and the
  333  department is deemed to have made reasonable efforts to prevent
  334  or eliminate the need for removal if:
  335         a. The first contact of the department with the family
  336  occurs during an emergency;
  337         b. The appraisal of the home situation by the department
  338  indicates that the home situation presents a substantial and
  339  immediate danger to the child’s physical, mental, or emotional
  340  health or safety which cannot be mitigated by the provision of
  341  preventive services;
  342         c. The child cannot safely remain at home, either because
  343  there are no preventive services that can ensure the health and
  344  safety of the child or because, even with appropriate and
  345  available services being provided, the health and safety of the
  346  child cannot be ensured; or
  347         d. The child has been sexually exploited; or
  348         e.d. The parent or legal custodian is alleged to have
  349  committed any of the acts listed as grounds for expedited
  350  termination of parental rights in s. 39.806(1)(f)-(i).
  351         6. That the court notified the parents, relatives that are
  352  providing out-of-home care for the child, or legal custodians of
  353  the time, date, and location of the next dependency hearing and
  354  of the importance of the active participation of the parents,
  355  relatives that are providing out-of-home care for the child, or
  356  legal custodians in all proceedings and hearings.
  357         7. That the court notified the parents or legal custodians
  358  of their right to counsel to represent them at the shelter
  359  hearing and at each subsequent hearing or proceeding, and the
  360  right of the parents to appointed counsel, pursuant to the
  361  procedures set forth in s. 39.013.
  362         8. That the court notified relatives who are providing out
  363  of-home care for a child as a result of the shelter petition
  364  being granted that they have the right to attend all subsequent
  365  hearings, to submit reports to the court, and to speak to the
  366  court regarding the child, if they so desire.
  367         Section 6. Paragraph (f) of subsection (1) and paragraph
  368  (d) of subsection (3) of section 39.521, Florida Statutes, are
  369  amended to read:
  370         39.521 Disposition hearings; powers of disposition.—
  371         (1) A disposition hearing shall be conducted by the court,
  372  if the court finds that the facts alleged in the petition for
  373  dependency were proven in the adjudicatory hearing, or if the
  374  parents or legal custodians have consented to the finding of
  375  dependency or admitted the allegations in the petition, have
  376  failed to appear for the arraignment hearing after proper
  377  notice, or have not been located despite a diligent search
  378  having been conducted.
  379         (f) If the court places the child in an out-of-home
  380  placement, the disposition order must include a written
  381  determination that the child cannot safely remain at home with
  382  reunification or family preservation services and that removal
  383  of the child is necessary to protect the child. If the child is
  384  removed before the disposition hearing, the order must also
  385  include a written determination as to whether, after removal,
  386  the department made a reasonable effort to reunify the parent
  387  and child. Reasonable efforts to reunify are not required if the
  388  court finds that any of the acts listed in s. 39.806(1)(f)-(l)
  389  have occurred. The department has the burden of demonstrating
  390  that it made reasonable efforts.
  391         1. For the purposes of this paragraph, the term “reasonable
  392  effort” means the exercise of reasonable diligence and care by
  393  the department to provide the services ordered by the court or
  394  delineated in the case plan.
  395         2. In support of its determination as to whether reasonable
  396  efforts have been made, the court shall:
  397         a. Enter written findings as to whether prevention or
  398  reunification efforts were indicated.
  399         b. If prevention or reunification efforts were indicated,
  400  include a brief written description of what appropriate and
  401  available prevention and reunification efforts were made.
  402         c. Indicate in writing why further efforts could or could
  403  not have prevented or shortened the separation of the parent and
  404  child.
  405         3. A court may find that the department made a reasonable
  406  effort to prevent or eliminate the need for removal if:
  407         a. The first contact of the department with the family
  408  occurs during an emergency;
  409         b. The appraisal by the department of the home situation
  410  indicates a substantial and immediate danger to the child’s
  411  safety or physical, mental, or emotional health which cannot be
  412  mitigated by the provision of preventive services;
  413         c. The child cannot safely remain at home, because there
  414  are no preventive services that can ensure the health and safety
  415  of the child or, even with appropriate and available services
  416  being provided, the health and safety of the child cannot be
  417  ensured. There is a rebuttable presumption that a sexually
  418  exploited child as defined in s. 39.01(67)(g) meets the terms of
  419  this subparagraph; or
  420         d. The parent is alleged to have committed any of the acts
  421  listed as grounds for expedited termination of parental rights
  422  under s. 39.806(1)(f)-(l).
  423         4. A reasonable effort by the department for reunification
  424  has been made if the appraisal of the home situation by the
  425  department indicates that the severity of the conditions of
  426  dependency is such that reunification efforts are inappropriate.
  427  The department has the burden of demonstrating to the court that
  428  reunification efforts were inappropriate.
  429         5. If the court finds that the prevention or reunification
  430  effort of the department would not have permitted the child to
  431  remain safely at home, the court may commit the child to the
  432  temporary legal custody of the department or take any other
  433  action authorized by this chapter.
  434         (3) When any child is adjudicated by a court to be
  435  dependent, the court shall determine the appropriate placement
  436  for the child as follows:
  437         (d) If the child cannot be safely placed in a nonlicensed
  438  placement, the court shall commit the child to the temporary
  439  legal custody of the department. Such commitment invests in the
  440  department all rights and responsibilities of a legal custodian.
  441  The department shall not return any child to the physical care
  442  and custody of the person from whom the child was removed,
  443  except for court-approved visitation periods, without the
  444  approval of the court. Any order for visitation or other contact
  445  must conform to the provisions of s. 39.0139. There is a
  446  rebuttable presumption that any child who has been found to be a
  447  victim of sexual exploitation as defined in s. 39.01(67)(g) be
  448  committed to a safe house as provided for in s. 409.1678. The
  449  term of such commitment continues until terminated by the court
  450  or until the child reaches the age of 18. After the child is
  451  committed to the temporary legal custody of the department, all
  452  further proceedings under this section are governed by this
  453  chapter.
  454  
  455  Protective supervision continues until the court terminates it
  456  or until the child reaches the age of 18, whichever date is
  457  first. Protective supervision shall be terminated by the court
  458  whenever the court determines that permanency has been achieved
  459  for the child, whether with a parent, another relative, or a
  460  legal custodian, and that protective supervision is no longer
  461  needed. The termination of supervision may be with or without
  462  retaining jurisdiction, at the court’s discretion, and shall in
  463  either case be considered a permanency option for the child. The
  464  order terminating supervision by the department shall set forth
  465  the powers of the custodian of the child and shall include the
  466  powers ordinarily granted to a guardian of the person of a minor
  467  unless otherwise specified. Upon the court’s termination of
  468  supervision by the department, no further judicial reviews are
  469  required, so long as permanency has been established for the
  470  child.
  471         Section 7. Section 39.524, Florida Statutes, is created to
  472  read:
  473         39.524 Safe-harbor placement.—
  474         (1) Except as provided in s. 39.407, any dependent child 6
  475  years of age or older who has been found to be a victim of
  476  sexual exploitation as defined in s. 39.01(67)(g) must be
  477  assessed for placement in a safe house as provided in s.
  478  409.1678. The assessment shall be conducted by the department or
  479  its agent and shall incorporate and address current and
  480  historical information from any law enforcement reports;
  481  psychological testing or evaluation that has occurred; current
  482  and historical information from the guardian ad litem, if one
  483  has been assigned; current and historical information from any
  484  current therapist, teacher, or other professional who has
  485  knowledge of the child and has worked with the child; and any
  486  other information concerning the availability and suitability of
  487  safe-house placement. If such placement is determined to be
  488  appropriate as a result of this procedure, the child must be
  489  placed in a safe house, if available.
  490         (2) The results of the assessment described in subsection
  491  (1) and the actions taken as a result of the assessment must be
  492  included in the next judicial review of the child. At each
  493  subsequent judicial review, the court must be advised in writing
  494  of the status of the child’s placement, with special reference
  495  regarding the stability of the placement and the permanency
  496  planning for the child.
  497         (3) Any safe house that receives children under this
  498  section shall establish special permanency teams dedicated to
  499  overcoming the special permanency challenges presented by this
  500  population of children. Each facility shall report to the
  501  department its success in achieving permanency for children
  502  placed by the department in its care at intervals that allow the
  503  current information to be provided to the court at each judicial
  504  review for the child.
  505         (4) This section does not prohibit the department from
  506  assessing and placing children who do not meet the criteria in
  507  subsection (1) in a safe house if such placement is the most
  508  appropriate placement for such children.
  509         (5)(a)1. By December 1 of each year, the department shall
  510  report to the Legislature on the placement of children in safe
  511  houses during the year, including the criteria used to determine
  512  the placement of children, the number of children who were
  513  evaluated for placement, the number of children who were placed
  514  based upon the evaluation, and the number of children who were
  515  not placed.
  516         2. The department shall maintain data specifying the number
  517  of children who were referred to a safe house for whom placement
  518  was unavailable and the counties in which such placement was
  519  unavailable. The department shall include this data in its
  520  report under this paragraph, so that the Legislature may
  521  consider this information in developing the General
  522  Appropriations Act.
  523         (b) As part of the report required in paragraph (a), the
  524  department shall also provide a detailed account of the
  525  expenditures incurred for “Special Categories: Grants and Aids
  526  Safe Houses” for the fiscal year immediately preceding the date
  527  of the report. This section of the report must include whatever
  528  supporting data is necessary to demonstrate full compliance with
  529  paragraph (6)(c). The document must present the information by
  530  district and must specify, at a minimum, the number of
  531  additional beds, the average rate per bed, the number of
  532  additional persons served, and a description of the enhanced and
  533  expanded services provided.
  534         (6)(a) The provisions of this section shall be implemented
  535  to the extent of available appropriations contained in the
  536  annual General Appropriations Act for such purpose.
  537         (b) Each year, funds included in the General Appropriations
  538  Act for safe houses and short-term safe houses as provided in s.
  539  409.1678 shall be appropriated in a separately identified
  540  special category that is designated in the act as “Special
  541  Categories: Grants and Aids—Safe Houses.”
  542         (c) Each fiscal year, all funding increases for safe houses
  543  and short-term safe houses as provided in s. 409.1678 which are
  544  included in the General Appropriations Act shall be appropriated
  545  in a lump-sum appropriation as defined in s. 216.011. In
  546  accordance with s. 216.181(6)(a), the Executive Office of the
  547  Governor shall require the department to submit a spending plan
  548  that identifies the safe-house capacity shortage throughout the
  549  state and proposes a distribution formula by district which
  550  addresses the reported deficiencies. The spending plan must have
  551  as its first priority the reduction or elimination of any bed
  552  shortage identified and must also provide for program
  553  enhancements to ensure that safe houses and short-term safe
  554  houses meet a minimum level of expected performance and provide
  555  for expansion of services for sexually exploited children
  556  described in s. 409.1678. Annual appropriation increases
  557  appropriated in the lump-sum appropriation must be used in
  558  accordance with the provisions of the spending plan.
  559         (d) Funds from “Special Categories: Grants and Aids—Safe
  560  Houses” may be used as one-time startup funding for safe-house
  561  and short-term safe-house purposes that include, but are not
  562  limited to, remodeling or renovation of existing facilities,
  563  construction costs, leasing costs, purchase of equipment and
  564  furniture, site development, and other necessary and reasonable
  565  costs associated with the startup of facilities or programs upon
  566  the recommendation of the lead community-based provider if one
  567  exists and upon specific approval of the terms and conditions by
  568  the secretary of the department.
  569         Section 8. Subsection (7) of section 322.28, Florida
  570  Statutes, is amended to read:
  571         322.28 Period of suspension or revocation.—
  572         (7) Following a second or subsequent violation of s.
  573  796.07(2)(e)(f) which involves a motor vehicle and which results
  574  in any judicial disposition other than acquittal or dismissal,
  575  in addition to any other sentence imposed, the court shall
  576  revoke the person’s driver’s license or driving privilege,
  577  effective upon the date of the disposition, for a period of not
  578  less than 1 year. A person sentenced under this subsection may
  579  request a hearing under s. 322.271.
  580         Section 9. Section 409.1678, Florida Statutes, is created
  581  to read:
  582         409.1678 Safe harbor for children who are victims of sexual
  583  exploitation.—
  584         (1) It is the intent of the Legislature to provide safe
  585  houses and short-term safe houses for sexually exploited
  586  children to give them a secure residential environment; to allow
  587  them to be reintegrated into society as stable and productive
  588  members; and, if appropriate, to enable them to testify as
  589  witnesses in criminal proceedings related to their exploitation.
  590  Such children require a full range of services in addition to
  591  security, which include medical care, counseling, education, and
  592  mentoring. These services are to be provided in a secure
  593  residential setting by a not-for-profit corporation or a local
  594  government entity under a contract with the department or by a
  595  lead agency as described in s. 409.1671. These contracts should
  596  be designed to provide an identified number of children with
  597  access to a full array of services for a fixed price. Further,
  598  it is the intent of the Legislature that the department and the
  599  Department of Juvenile Justice establish an interagency
  600  agreement by December 1, 2010, which describes respective agency
  601  responsibilities for referral, placement, service provision, and
  602  service coordination for dependent and delinquent youth who are
  603  referred to these residential group care facilities. The
  604  agreement must require interagency collaboration in the
  605  development of terms, conditions, and performance outcomes for
  606  safe-house contracts serving these children who have been
  607  adjudicated dependent or delinquent.
  608         (2) As used in this section, the term:
  609         (a) “Child advocate” means an employee of a short-term safe
  610  house who has been trained to work with and advocate for the
  611  needs of sexually exploited children. The advocate shall
  612  accompany the child to all court appearances, meetings with law
  613  enforcement and the state attorney’s office, and shall serve as
  614  a liaison between the short-term safe house and the court.
  615         (b) “Safe house” means a living environment that has set
  616  aside gender-specific, separate, and distinct living quarters
  617  for sexually exploited children who have been adjudicated
  618  dependent or delinquent and need to reside in a secure
  619  residential facility with 24-hour-awake staff. A safe house
  620  shall be operated by a licensed family foster home or
  621  residential child-caring agency as defined in s. 409.175,
  622  including a runaway youth center as defined in s. 409.441. Each
  623  facility must be appropriately licensed in this state as a
  624  residential child-caring agency as defined in s. 409.175 and
  625  must be accredited by July 1, 2011. A safe house serving
  626  children who have been sexually exploited must have available
  627  staff or contract personnel with the clinical expertise,
  628  credentials, and training to provide services identified in
  629  paragraph (3)(e).
  630         (c) “Sexually exploited child” means a dependent child who
  631  has suffered sexual abuse as defined in s. 39.01(67)(g) and is
  632  ineligible for relief and benefits under the federal Trafficking
  633  Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
  634         (d) “Short-term safe house” means a shelter operated by a
  635  licensed family foster home or residential child-caring agency
  636  as defined in s. 409.175, including a runaway youth center as
  637  defined in s. 409.441, that has set aside gender-specific,
  638  separate, and distinct living quarters for sexually exploited
  639  children. In addition to shelter, the house shall provide
  640  services and care to sexually exploited children, including
  641  food, clothing, medical care, counseling, and appropriate crisis
  642  intervention services at the time they are taken into custody by
  643  law enforcement or the department.
  644         (3)(a) Notwithstanding any other provision of law, pursuant
  645  to regulations of the department, every district of the
  646  department shall address the child welfare service needs of
  647  sexually exploited children as a component of the district’s
  648  master plan and, to the extent that funds are available, ensure
  649  that preventive services, including a short-term safe house to
  650  serve sexually exploited children, are available to children
  651  residing in the district. The department or a lead agency that
  652  has been established in accordance with s. 409.1671 shall
  653  contract with an appropriate not-for-profit agency with
  654  experience working with sexually exploited children to operate
  655  such a short-term safe house. Nothing in this section shall
  656  prohibit a district from using a homeless youth program or
  657  services for victims of human trafficking for such purposes so
  658  long as the staff members have received appropriate training
  659  approved by the department regarding sexually exploited children
  660  and the existing programs and facilities provide a safe, secure,
  661  and appropriate environment for sexually exploited children.
  662  Crisis intervention services, short-term safe-house care, and
  663  community programming may, where appropriate, be provided by the
  664  same not-for-profit agency. Districts may work cooperatively to
  665  provide such short-term safe-house services and programming, and
  666  access to such placement, services, and programming may be
  667  provided on a regional basis, provided that every district
  668  ensures, to the extent that funds are available, that such
  669  placement, services, and programs are readily accessible to
  670  sexually exploited children residing within the district.
  671         (b) The capacity of the crisis intervention services and
  672  community-based programs in subsection (1) shall be based on the
  673  number of sexually exploited children in each district who are
  674  in need of such services. A determination of such need shall be
  675  made annually in every district by the local administrator of
  676  the department and be included in the department’s master plan.
  677  This determination shall be made in consultation with local law
  678  enforcement, runaway and homeless youth program providers, local
  679  probation departments, local community-based care and social
  680  services, local guardians ad litem, public defenders, state
  681  attorney’s offices, and child advocates and services providers
  682  who work directly with sexually exploited youth.
  683         (c) The department shall contract with an appropriate not
  684  for-profit agency with experience working with sexually
  685  exploited children to operate at least one safe house in a
  686  geographically appropriate area of the state, which shall
  687  provide safe and secure long-term housing and specialized
  688  services for sexually exploited children throughout the state.
  689  The appropriateness of the geographic location shall be
  690  determined taking into account the areas of the state with high
  691  numbers of sexually exploited children and the need for sexually
  692  exploited children to find shelter and long-term placement in a
  693  secure and beneficial environment. The department shall
  694  determine the need for more than one safe house based on the
  695  numbers and geographical location of sexually exploited children
  696  within the state.
  697         (d) The department, in accordance with a specific
  698  appropriation for this program, shall contract with a not-for
  699  profit corporation, a local government entity, or a lead agency
  700  that has been established in accordance with s. 409.1671 for the
  701  performance of short-term safe-house and safe-house services
  702  described in this section. A lead agency that is currently
  703  providing the equivalent of a safe house may provide this
  704  service directly with the approval of the department. The
  705  department or a lead agency may contract for more than one
  706  short-term safe house in a district and more than one safe house
  707  in the state if that is determined to be the most effective way
  708  to achieve the goals of this section.
  709         (e) The lead agency, the contracted not-for-profit
  710  corporation, or the local government entity is responsible for
  711  security, crisis intervention services, general counseling and
  712  victim-witness counseling, a comprehensive assessment,
  713  residential care, transportation, access to behavioral health
  714  services, recreational activities, food, clothing, supplies,
  715  infant care, and miscellaneous expenses associated with caring
  716  for these children; for necessary arrangement for or provision
  717  of educational services, including life skills services and
  718  planning services to successfully transition residents back to
  719  the community; and for ensuring necessary and appropriate health
  720  and dental care.
  721         (f) The department may transfer all casework
  722  responsibilities for children served under this program to the
  723  entity that provides the safe-house service, including case
  724  management and development and implementation of a case plan in
  725  accordance with current standards for child protection services.
  726  When the department establishes this program in a community that
  727  has a lead agency as described in s. 409.1671, the casework
  728  responsibilities must be transferred to the lead agency.
  729         (g) This section does not prohibit any provider of these
  730  services from appropriately billing Medicaid for services
  731  rendered, from contracting with a local school district for
  732  educational services, or from obtaining federal or local funding
  733  for services provided, as long as two or more funding sources do
  734  not pay for the same specific service that has been provided to
  735  a child.
  736         (h) The lead agency, not-for-profit corporation, or local
  737  government entity has the legal authority for children served in
  738  a safe-house program, as provided in chapter 39 or this chapter,
  739  as appropriate, to enroll the child in school, to sign for a
  740  driver’s license for the child, to cosign loans and insurance
  741  for the child, to sign for medical treatment of the child, and
  742  to authorize other such activities.
  743         (i) The department shall provide technical assistance as
  744  requested and contract management services.
  745         (j) The provisions of this section shall be implemented to
  746  the extent of available appropriations contained in the General
  747  Appropriations Act for such purpose.
  748         (k) The department may adopt rules pursuant to ss.
  749  120.536(1) and 120.54 to implement the provisions of this
  750  section conferring duties upon it.
  751         (l) All of the services created under this section may, to
  752  the extent possible provided by law, be available to all
  753  sexually exploited children whether they are accessed
  754  voluntarily, as a condition of probation, through a diversion
  755  program, through a proceeding under chapter 39, or through a
  756  referral from a local community based care or social service
  757  agency.
  758         (4) The local district administrator may, to the extent
  759  that funds are available, in conjunction with local law
  760  enforcement officials, contract with an appropriate not-for
  761  profit agency with experience working with sexually exploited
  762  children to train law enforcement officials who are likely to
  763  encounter sexually exploited children in the course of their law
  764  enforcement duties on the provisions of this section and how to
  765  identify and obtain appropriate services for sexually exploited
  766  children. Districts may work cooperatively to provide such
  767  training, and such training may be provided on a regional basis.
  768  The department shall assist districts in obtaining any available
  769  funds for the purposes of conducting law enforcement training
  770  from the United States Department of Justice, Office of Juvenile
  771  Justice and Delinquency Prevention.
  772         Section 10. Present subsection (2) and (6) of section
  773  796.07, Florida Statutes, are amended, present subsections (3)
  774  through (6) are redesignated as subsections (4) through (7),
  775  respectively, and a new subsection (3) is added to that section,
  776  to read:
  777         796.07 Prohibiting prostitution and related acts, etc.;
  778  evidence; penalties; definitions.—
  779         (2) It is unlawful to:
  780         (a) To Own, establish, maintain, or operate any place,
  781  structure, building, or conveyance for the purpose of lewdness,
  782  assignation, or prostitution.
  783         (b) To Offer, or to offer or agree to secure, another for
  784  the purpose of prostitution or for any other lewd or indecent
  785  act.
  786         (c) To Receive, or to offer or agree to receive, any person
  787  into any place, structure, building, or conveyance for the
  788  purpose of prostitution, lewdness, or assignation, or to permit
  789  any person to remain there for such purpose.
  790         (d) To Direct, take, or transport, or to offer or agree to
  791  direct, take, or transport, any person to any place, structure,
  792  or building, or to any other person, with knowledge or
  793  reasonable cause to believe that the purpose of such directing,
  794  taking, or transporting is prostitution, lewdness, or
  795  assignation.
  796         (e) To offer to commit, or to commit, or to engage in,
  797  prostitution, lewdness, or assignation.
  798         (e)(f)To Solicit, induce, entice, or procure another to
  799  commit prostitution, lewdness, or assignation.
  800         (f) Use or threaten to use a deadly weapon during the
  801  commission of one of the offenses enumerated in subsection (3).
  802         (g) To reside in, enter, or remain in, any place,
  803  structure, or building, or to enter or remain in any conveyance,
  804  for the purpose of prostitution, lewdness, or assignation.
  805         (h) To aid, abet, or participate in any of the acts or
  806  things enumerated in this subsection.
  807         (i) To purchase the services of any person engaged in
  808  prostitution.
  809         (3) It is unlawful for any person 16 years of age or older
  810  to:
  811         (a) Purchase the services of any person engaged in
  812  prostitution.
  813         (b) Offer to commit, or to commit, or to engage in,
  814  prostitution, lewdness, or assignation.
  815         (c) Reside in, enter, or remain in, any place, structure,
  816  or building, or to enter or remain in any conveyance, for the
  817  purpose of prostitution, lewdness, or assignation.
  818         (d) Aid, abet, or participate in any of the acts or things
  819  enumerated in subsection (2) or this subsection.
  820         (7)(6) A person who violates paragraph (2)(e)(f) shall be
  821  assessed a civil penalty of $500 if the violation results in any
  822  judicial disposition other than acquittal or dismissal. The
  823  proceeds from penalties assessed under this subsection shall be
  824  paid to the circuit court administrator for the sole purpose of
  825  paying the administrative costs of treatment-based drug court
  826  programs provided under s. 397.334.
  827         Section 11. Paragraph (i) of subsection (1) of section
  828  985.145, Florida Statutes, is amended to read:
  829         985.145 Responsibilities of juvenile probation officer
  830  during intake; screenings and assessments.—
  831         (1) The juvenile probation officer shall serve as the
  832  primary case manager for the purpose of managing, coordinating,
  833  and monitoring the services provided to the child. Each program
  834  administrator within the Department of Children and Family
  835  Services shall cooperate with the primary case manager in
  836  carrying out the duties and responsibilities described in this
  837  section. In addition to duties specified in other sections and
  838  through departmental rules, the assigned juvenile probation
  839  officer shall be responsible for the following:
  840         (i) Recommendation concerning a petition.—Upon determining
  841  that the report, affidavit, or complaint complies with the
  842  standards of a probable cause affidavit and that the interests
  843  of the child and the public will be best served, the juvenile
  844  probation officer may recommend that a delinquency petition not
  845  be filed. If such a recommendation is made, the juvenile
  846  probation officer shall advise in writing the person or agency
  847  making the report, affidavit, or complaint, the victim, if any,
  848  and the law enforcement agency having investigative jurisdiction
  849  over the offense of the recommendation; the reasons therefor;
  850  and that the person or agency may submit, within 10 days after
  851  the receipt of such notice, the report, affidavit, or complaint
  852  to the state attorney for special review. In the case of a
  853  report, affidavit, or complaint alleging a violation of s.
  854  796.07(3), there is a presumption that the juvenile probation
  855  officer recommend that a petition not be filed unless the child
  856  has previously been adjudicated delinquent. The state attorney,
  857  upon receiving a request for special review, shall consider the
  858  facts presented by the report, affidavit, or complaint, and by
  859  the juvenile probation officer who made the recommendation that
  860  no petition be filed, before making a final decision as to
  861  whether a petition or information should or should not be filed.
  862         Section 12. Subsection (1) of section 985.15, Florida
  863  Statutes, is amended to read:
  864         985.15 Filing decisions.—
  865         (1) The state attorney may in all cases take action
  866  independent of the action or lack of action of the juvenile
  867  probation officer and shall determine the action that is in the
  868  best interest of the public and the child. If the child meets
  869  the criteria requiring prosecution as an adult under s. 985.556,
  870  the state attorney shall request the court to transfer and
  871  certify the child for prosecution as an adult or shall provide
  872  written reasons to the court for not making such a request. In
  873  all other cases, the state attorney may:
  874         (a) File a petition for dependency;
  875         (b) File a petition under chapter 984;
  876         (c) File a petition for delinquency. In the case of a
  877  report, affidavit, or complaint alleging a violation of s.
  878  796.07(3), there is a presumption that a petition not be filed
  879  unless the child has previously been adjudicated delinquent;
  880         (d) File a petition for delinquency with a motion to
  881  transfer and certify the child for prosecution as an adult;
  882         (e) File an information under s. 985.557;
  883         (f) Refer the case to a grand jury;
  884         (g) Refer the child to a diversionary, pretrial
  885  intervention, arbitration, or mediation program, or to some
  886  other treatment or care program if such program commitment is
  887  voluntarily accepted by the child or the child’s parents or
  888  legal guardian; or
  889         (h) Decline to file.
  890         Section 13. This act shall take effect July 1, 2010.

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