August 07, 2020
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 _h0535__
HB 535

1
A bill to be entitled
2An act relating to sexual exploitation; providing a short
3title; amending s. 39.001, F.S.; providing legislative
4intent and goals; conforming cross-references; amending s.
539.01, F.S.; revising the definitions of the terms
6"abuse," "child who is found to be dependent," and "sexual
7abuse of a child"; amending s. 39.401, F.S.; requiring
8delivery of children alleged to be dependant and sexually
9exploited to short-term safe houses; amending s. 39.402,
10F.S.; providing for a presumption that placement of a
11child alleged to have been sexually exploited in a short-
12term safe house is necessary; providing requirements for
13findings in a shelter hearing relating to placement of an
14allegedly sexually exploited child in a short-term safe
15house; amending s. 39.521, F.S.; providing for a
16presumption that placement of children alleged to have
17been sexually exploited in a safe house is necessary;
18creating s. 39.524, F.S.; requiring assessment of certain
19children for placement in a safe house; providing for use
20of such assessments; providing requirements for safe
21houses receiving such children; providing for placement of
22other children in safe houses when appropriate; requiring
23an annual report concerning safe-house placements;
24providing requirements relating to appropriations for safe
25houses; amending s. 322.28, F.S.; conforming a cross-
26reference; creating s. 409.1678, F.S.; providing
27legislative intent relating to safe houses; providing
28definitions; requiring districts of the Department of
29Children and Family Services to address child welfare
30service needs of sexually exploited children as a
31component of their master plans; providing for operation
32of safe houses; providing duties, responsibilities, and
33requirements for safe houses and their operators;
34providing for training for law enforcement officials who
35are likely to encounter sexually exploited children;
36amending s. 796.07, F.S.; revising prohibitions on
37prostitution and related acts; conforming a cross-
38reference; amending ss. 985.145 and 985.15, F.S.;
39providing a presumption against filing a delinquency
40petition for certain prostitution-related offenses in
41certain circumstances; providing an effective date.
42
43Be It Enacted by the Legislature of the State of Florida:
44
45     Section 1.  This act may be cited as the "Florida Safe
46Harbor Act."
47     Section 2.  Subsections (4) through (12) of section 39.001,
48Florida Statutes, are renumbered as subsections (5) through
49(13), respectively, paragraph (c) of present subsection (7) and
50paragraph (b) of present subsection (9) are amended, and a new
51subsection (4) is added to that section, to read:
52     39.001  Purposes and intent; personnel standards and
53screening.-
54     (4)  SEXUAL EXPLOITATION SERVICES.-
55     (a)  The Legislature recognizes that child sexual
56exploitation is a serious problem nationwide and in this state.
57The children at greatest risk of being sexually exploited are
58runaways and throwaways. Many of these children have a history
59of abuse and neglect. The vulnerability of these children starts
60with isolation from family and friends. Traffickers maintain
61control of child victims through psychological manipulation,
62force, drug addiction, or the exploitation of economic,
63physical, or emotional vulnerability. Children exploited through
64the sex trade often find it difficult to trust adults because of
65their abusive experiences. These children make up a population
66that is hard to serve and harder to rehabilitate. Although
67minors are by law unable to consent to sexual activity, they are
68most often treated as perpetrators of crime rather than victims.
69Moreover, the historical treatment of such children as
70delinquents has too often resulted in the failure to
71successfully prosecute the trafficker, who is the true wrongdoer
72and threat to society.
73     (b)  The Legislature establishes the following goals for
74the state related to the status and treatment of sexually
75exploited children in the dependency process:
76     1.  To ensure the safety of children.
77     2.  To provide for the treatment of such children as
78dependent children rather than as delinquents.
79     3.  To sever the bond between exploited children and
80traffickers and to reunite these children with their families or
81provide them with appropriate guardians.
82     4.  To enable such children to be willing and reliable
83witnesses in the prosecution of traffickers.
84     (c)  The Legislature finds that sexually exploited children
85need special care and services in the dependency process, which
86include counseling, health care, substance abuse treatment,
87educational opportunities, and a safe environment secure from
88traffickers.
89     (d)  The Legislature further finds that sexually exploited
90children need the special care and services described in
91paragraph (c) independent of their citizenship, residency,
92alien, or immigrant status. It is the intent of the Legislature
93that this state provide such care and services to all sexually
94exploited children in this state who are not otherwise receiving
95comparable services, such as those under the federal Trafficking
96Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
97     (8)(7)  OFFICE OF ADOPTION AND CHILD PROTECTION.-
98     (c)  The office is authorized and directed to:
99     1.  Oversee the preparation and implementation of the state
100plan established under subsection (9) (8) and revise and update
101the state plan as necessary.
102     2.  Provide for or make available continuing professional
103education and training in the prevention of child abuse and
104neglect.
105     3.  Work to secure funding in the form of appropriations,
106gifts, and grants from the state, the Federal Government, and
107other public and private sources in order to ensure that
108sufficient funds are available for the promotion of adoption,
109support of adoptive families, and child abuse prevention
110efforts.
111     4.  Make recommendations pertaining to agreements or
112contracts for the establishment and development of:
113     a.  Programs and services for the promotion of adoption,
114support of adoptive families, and prevention of child abuse and
115neglect.
116     b.  Training programs for the prevention of child abuse and
117neglect.
118     c.  Multidisciplinary and discipline-specific training
119programs for professionals with responsibilities affecting
120children, young adults, and families.
121     d.  Efforts to promote adoption.
122     e.  Postadoptive services to support adoptive families.
123     5.  Monitor, evaluate, and review the development and
124quality of local and statewide services and programs for the
125promotion of adoption, support of adoptive families, and
126prevention of child abuse and neglect and shall publish and
127distribute an annual report of its findings on or before January
1281 of each year to the Governor, the Speaker of the House of
129Representatives, the President of the Senate, the head of each
130state agency affected by the report, and the appropriate
131substantive committees of the Legislature. The report shall
132include:
133     a.  A summary of the activities of the office.
134     b.  A summary of the adoption data collected and reported
135to the federal Adoption and Foster Care Analysis and Reporting
136System (AFCARS) and the federal Administration for Children and
137Families.
138     c.  A summary of the child abuse prevention data collected
139and reported to the National Child Abuse and Neglect Data System
140(NCANDS) and the federal Administration for Children and
141Families.
142     d.  A summary detailing the timeliness of the adoption
143process for children adopted from within the child welfare
144system.
145     e.  Recommendations, by state agency, for the further
146development and improvement of services and programs for the
147promotion of adoption, support of adoptive families, and
148prevention of child abuse and neglect.
149     f.  Budget requests, adoption promotion and support needs,
150and child abuse prevention program needs by state agency.
151     6.  Work with the direct-support organization established
152under s. 39.0011 to receive financial assistance.
153     (10)(9)  FUNDING AND SUBSEQUENT PLANS.-
154     (b)  The office and the other agencies and organizations
155listed in paragraph (9)(8)(a) shall readdress the state plan and
156make necessary revisions every 5 years, at a minimum. Such
157revisions shall be submitted to the Speaker of the House of
158Representatives and the President of the Senate no later than
159June 30 of each year divisible by 5. At least biennially, the
160office shall review the state plan and make any necessary
161revisions based on changing needs and program evaluation
162results. An annual progress report shall be submitted to update
163the state plan in the years between the 5-year intervals. In
164order to avoid duplication of effort, these required plans may
165be made a part of or merged with other plans required by either
166the state or Federal Government, so long as the portions of the
167other state or Federal Government plan that constitute the state
168plan for the promotion of adoption, support of adoptive
169families, and prevention of child abuse, abandonment, and
170neglect are clearly identified as such and are provided to the
171Speaker of the House of Representatives and the President of the
172Senate as required above.
173     Section 3.  Subsections (2) and (15) and paragraph (g) of
174subsection (67) of section 39.01, Florida Statutes, are amended
175to read:
176     39.01  Definitions.-When used in this chapter, unless the
177context otherwise requires:
178     (2)  "Abuse" means any willful act or threatened act that
179results in any physical, mental, or sexual abuse or injury or
180harm that causes or is likely to cause the child's physical,
181mental, or emotional health to be significantly impaired. Abuse
182of a child includes acts or omissions. Corporal discipline of a
183child by a parent or legal custodian for disciplinary purposes
184does not in itself constitute abuse when it does not result in
185harm to the child.
186     (15)  "Child who is found to be dependent" means a child
187who, pursuant to this chapter, is found by the court:
188     (a)  To have been abandoned, abused, or neglected by the
189child's parent or parents or legal custodians;
190     (b)  To have been surrendered to the department, the former
191Department of Health and Rehabilitative Services, or a licensed
192child-placing agency for purpose of adoption;
193     (c)  To have been voluntarily placed with a licensed child-
194caring agency, a licensed child-placing agency, an adult
195relative, the department, or the former Department of Health and
196Rehabilitative Services, after which placement, under the
197requirements of this chapter, a case plan has expired and the
198parent or parents or legal custodians have failed to
199substantially comply with the requirements of the plan;
200     (d)  To have been voluntarily placed with a licensed child-
201placing agency for the purposes of subsequent adoption, and a
202parent or parents have signed a consent pursuant to the Florida
203Rules of Juvenile Procedure;
204     (e)  To have no parent or legal custodians capable of
205providing supervision and care; or
206     (f)  To be at substantial risk of imminent abuse,
207abandonment, or neglect by the parent or parents or legal
208custodians; or
209     (g)  To have been sexually exploited and to have no parent,
210legal custodian, or responsible adult relative currently known
211and capable of providing the necessary and appropriate
212supervision and care.
213     (67)  "Sexual abuse of a child" means one or more of the
214following acts:
215     (g)  The sexual exploitation of a child, which includes the
216act of a child offering to engage in or engaging in
217prostitution; or allowing, encouraging, or forcing a child to:
218     1.  Solicit for or engage in prostitution; or
219     2.  Engage in a sexual performance, as defined by chapter
220827; or
221     3.  Participate in the trade of sex trafficking as provided
222in s. 796.035.
223     Section 4.  Paragraph (b) of subsection (2) and paragraph
224(b) of subsection (3) of section 39.401, Florida Statutes, are
225amended to read:
226     39.401  Taking a child alleged to be dependent into
227custody; law enforcement officers and authorized agents of the
228department.-
229     (2)  If the law enforcement officer takes the child into
230custody, that officer shall:
231     (b)  Deliver the child to an authorized agent of the
232department, stating the facts by reason of which the child was
233taken into custody and sufficient information to establish
234probable cause that the child is abandoned, abused, or
235neglected, or otherwise dependent. In the case of a child who is
236sexually exploited, the law enforcement officer shall deliver
237the child to the appropriate short-term safe house as provided
238for in s. 409.1678 if a short-term safe house is available.
239
240For cases involving allegations of abandonment, abuse, or
241neglect, or other dependency cases, within 3 days after such
242release or within 3 days after delivering the child to an
243authorized agent of the department, the law enforcement officer
244who took the child into custody shall make a full written report
245to the department.
246     (3)  If the child is taken into custody by, or is delivered
247to, an authorized agent of the department, the agent shall
248review the facts supporting the removal with an attorney
249representing the department. The purpose of the review is to
250determine whether there is probable cause for the filing of a
251shelter petition.
252     (b)  If the facts are sufficient and the child has not been
253returned to the custody of the parent or legal custodian, the
254department shall file the petition and schedule a hearing, and
255the attorney representing the department shall request that a
256shelter hearing be held within 24 hours after the removal of the
257child. While awaiting the shelter hearing, the authorized agent
258of the department may place the child in licensed shelter care,
259or in a short-term safe house if the child is a sexually
260exploited child, or may release the child to a parent or legal
261custodian or responsible adult relative or the adoptive parent
262of the child's sibling who shall be given priority consideration
263over a licensed placement, or a responsible adult approved by
264the department if this is in the best interests of the child.
265Placement of a child which is not in a licensed shelter must be
266preceded by a criminal history records check as required under
267s. 39.0138. In addition, the department may authorize placement
268of a housekeeper/homemaker in the home of a child alleged to be
269dependent until the parent or legal custodian assumes care of
270the child.
271     Section 5.  Subsection (2) and paragraphs (a), (d), and (h)
272of subsection (8) of section 39.402, Florida Statutes, are
273amended to read:
274     39.402  Placement in a shelter.-
275     (2)  A child taken into custody may be placed or continued
276in a shelter only if one or more of the criteria in subsection
277(1) applies and the court has made a specific finding of fact
278regarding the necessity for removal of the child from the home
279and has made a determination that the provision of appropriate
280and available services will not eliminate the need for
281placement. In the case of a child who is alleged to have been
282sexually exploited, there is a rebuttable presumption that
283placement in a short-term safe house is necessary.
284     (8)(a)  A child may not be held in a shelter longer than 24
285hours unless an order so directing is entered by the court after
286a shelter hearing. In the interval until the shelter hearing is
287held, the decision to place the child in a shelter or release
288the child from a shelter lies with the protective investigator.
289In the case of a child who is alleged to have been sexually
290exploited, there is a rebuttable presumption that placement in a
291short-term safe house is necessary.
292     (d)  At the shelter hearing, in order to continue the child
293in shelter care:
294     1.  The department must establish probable cause that
295reasonable grounds for removal exist and that the provision of
296appropriate and available services will not eliminate the need
297for placement; or
298     2.  The department must establish probable cause for the
299belief that the child has been sexually exploited and,
300therefore, that placement in a short-term safe house is the most
301appropriate environment for the child; or
302     3.2.  The court must determine that additional time is
303necessary, which may not exceed 72 hours, in which to obtain and
304review documents pertaining to the family in order to
305appropriately determine the risk to the child during which time
306the child shall remain in the department's custody, if so
307ordered by the court.
308     (h)  The order for placement of a child in shelter care
309must identify the parties present at the hearing and must
310contain written findings:
311     1.  That placement in shelter care is necessary based on
312the criteria in subsections (1) and (2).
313     2.  That placement in shelter care is in the best interest
314of the child.
315     3.  That continuation of the child in the home is contrary
316to the welfare of the child because the home situation presents
317a substantial and immediate danger to the child's physical,
318mental, or emotional health or safety which cannot be mitigated
319by the provision of preventive services.
320     4.  That based upon the allegations of the petition for
321placement in shelter care, there is probable cause to believe
322that the child is dependent or that the court needs additional
323time, which may not exceed 72 hours, in which to obtain and
324review documents pertaining to the family in order to
325appropriately determine the risk to the child.
326     5.  That the department has made reasonable efforts to
327prevent or eliminate the need for removal of the child from the
328home. A finding of reasonable effort by the department to
329prevent or eliminate the need for removal may be made and the
330department is deemed to have made reasonable efforts to prevent
331or eliminate the need for removal if:
332     a.  The first contact of the department with the family
333occurs during an emergency;
334     b.  The appraisal of the home situation by the department
335indicates that the home situation presents a substantial and
336immediate danger to the child's physical, mental, or emotional
337health or safety which cannot be mitigated by the provision of
338preventive services;
339     c.  The child cannot safely remain at home, either because
340there are no preventive services that can ensure the health and
341safety of the child or because, even with appropriate and
342available services being provided, the health and safety of the
343child cannot be ensured; or
344     d.  The child has been sexually exploited; or
345     e.d.  The parent or legal custodian is alleged to have
346committed any of the acts listed as grounds for expedited
347termination of parental rights in s. 39.806(1)(f)-(i).
348     6.  That the court notified the parents, relatives that are
349providing out-of-home care for the child, or legal custodians of
350the time, date, and location of the next dependency hearing and
351of the importance of the active participation of the parents,
352relatives that are providing out-of-home care for the child, or
353legal custodians in all proceedings and hearings.
354     7.  That the court notified the parents or legal custodians
355of their right to counsel to represent them at the shelter
356hearing and at each subsequent hearing or proceeding, and the
357right of the parents to appointed counsel, pursuant to the
358procedures set forth in s. 39.013.
359     8.  That the court notified relatives who are providing
360out-of-home care for a child as a result of the shelter petition
361being granted that they have the right to attend all subsequent
362hearings, to submit reports to the court, and to speak to the
363court regarding the child, if they so desire.
364     Section 6.  Paragraph (f) of subsection (1) and paragraph
365(d) of subsection (3) of section 39.521, Florida Statutes, are
366amended to read:
367     39.521  Disposition hearings; powers of disposition.-
368     (1)  A disposition hearing shall be conducted by the court,
369if the court finds that the facts alleged in the petition for
370dependency were proven in the adjudicatory hearing, or if the
371parents or legal custodians have consented to the finding of
372dependency or admitted the allegations in the petition, have
373failed to appear for the arraignment hearing after proper
374notice, or have not been located despite a diligent search
375having been conducted.
376     (f)  If the court places the child in an out-of-home
377placement, the disposition order must include a written
378determination that the child cannot safely remain at home with
379reunification or family preservation services and that removal
380of the child is necessary to protect the child. If the child is
381removed before the disposition hearing, the order must also
382include a written determination as to whether, after removal,
383the department made a reasonable effort to reunify the parent
384and child. Reasonable efforts to reunify are not required if the
385court finds that any of the acts listed in s. 39.806(1)(f)-(l)
386have occurred. The department has the burden of demonstrating
387that it made reasonable efforts.
388     1.  For the purposes of this paragraph, the term
389"reasonable effort" means the exercise of reasonable diligence
390and care by the department to provide the services ordered by
391the court or delineated in the case plan.
392     2.  In support of its determination as to whether
393reasonable efforts have been made, the court shall:
394     a.  Enter written findings as to whether prevention or
395reunification efforts were indicated.
396     b.  If prevention or reunification efforts were indicated,
397include a brief written description of what appropriate and
398available prevention and reunification efforts were made.
399     c.  Indicate in writing why further efforts could or could
400not have prevented or shortened the separation of the parent and
401child.
402     3.  A court may find that the department made a reasonable
403effort to prevent or eliminate the need for removal if:
404     a.  The first contact of the department with the family
405occurs during an emergency;
406     b.  The appraisal by the department of the home situation
407indicates a substantial and immediate danger to the child's
408safety or physical, mental, or emotional health which cannot be
409mitigated by the provision of preventive services;
410     c.  The child cannot safely remain at home, because there
411are no preventive services that can ensure the health and safety
412of the child or, even with appropriate and available services
413being provided, the health and safety of the child cannot be
414ensured. There is a rebuttable presumption that a sexually
415exploited child as defined in s. 39.01(67)(g) meets the terms of
416this subparagraph; or
417     d.  The parent is alleged to have committed any of the acts
418listed as grounds for expedited termination of parental rights
419under s. 39.806(1)(f)-(l).
420     4.  A reasonable effort by the department for reunification
421has been made if the appraisal of the home situation by the
422department indicates that the severity of the conditions of
423dependency is such that reunification efforts are inappropriate.
424The department has the burden of demonstrating to the court that
425reunification efforts were inappropriate.
426     5.  If the court finds that the prevention or reunification
427effort of the department would not have permitted the child to
428remain safely at home, the court may commit the child to the
429temporary legal custody of the department or take any other
430action authorized by this chapter.
431     (3)  When any child is adjudicated by a court to be
432dependent, the court shall determine the appropriate placement
433for the child as follows:
434     (d)  If the child cannot be safely placed in a nonlicensed
435placement, the court shall commit the child to the temporary
436legal custody of the department. Such commitment invests in the
437department all rights and responsibilities of a legal custodian.
438The department shall not return any child to the physical care
439and custody of the person from whom the child was removed,
440except for court-approved visitation periods, without the
441approval of the court. Any order for visitation or other contact
442must conform to the provisions of s. 39.0139. There is a
443rebuttable presumption that any child who has been found to be a
444victim of sexual exploitation as defined in s. 39.01(67)(g) be
445committed to a safe house as provided for in s. 409.1678. The
446term of such commitment continues until terminated by the court
447or until the child reaches the age of 18. After the child is
448committed to the temporary legal custody of the department, all
449further proceedings under this section are governed by this
450chapter.
451
452Protective supervision continues until the court terminates it
453or until the child reaches the age of 18, whichever date is
454first. Protective supervision shall be terminated by the court
455whenever the court determines that permanency has been achieved
456for the child, whether with a parent, another relative, or a
457legal custodian, and that protective supervision is no longer
458needed. The termination of supervision may be with or without
459retaining jurisdiction, at the court's discretion, and shall in
460either case be considered a permanency option for the child. The
461order terminating supervision by the department shall set forth
462the powers of the custodian of the child and shall include the
463powers ordinarily granted to a guardian of the person of a minor
464unless otherwise specified. Upon the court's termination of
465supervision by the department, no further judicial reviews are
466required, so long as permanency has been established for the
467child.
468     Section 7.  Section 39.524, Florida Statutes, is created to
469read:
470     39.524  Safe-harbor placement.-
471     (1)  Except as provided in s. 39.407, any dependent child 6
472years of age or older who has been found to be a victim of
473sexual exploitation as defined in s. 39.01(67)(g) must be
474assessed for placement in a safe house as provided in s.
475409.1678. The assessment shall be conducted by the department or
476its agent and shall incorporate and address current and
477historical information from any law enforcement reports;
478psychological testing or evaluation that has occurred; current
479and historical information from the guardian ad litem, if one
480has been assigned; current and historical information from any
481current therapist, teacher, or other professional who has
482knowledge of the child and has worked with the child; and any
483other information concerning the availability and suitability of
484safe-house placement. If such placement is determined to be
485appropriate as a result of this procedure, the child must be
486placed in a safe house, if available.
487     (2)  The results of the assessment described in subsection
488(1) and the actions taken as a result of the assessment must be
489included in the next judicial review of the child. At each
490subsequent judicial review, the court must be advised in writing
491of the status of the child's placement, with special reference
492regarding the stability of the placement and the permanency
493planning for the child.
494     (3)  Any safe house that receives children under this
495section shall establish special permanency teams dedicated to
496overcoming the special permanency challenges presented by this
497population of children. Each facility shall report to the
498department its success in achieving permanency for children
499placed by the department in its care at intervals that allow the
500current information to be provided to the court at each judicial
501review for the child.
502     (4)  This section does not prohibit the department from
503assessing and placing children who do not meet the criteria in
504subsection (1) in a safe house if such placement is the most
505appropriate placement for such children.
506     (5)(a)1.  By December 1 of each year, the department shall
507report to the Legislature on the placement of children in safe
508houses during the year, including the criteria used to determine
509the placement of children, the number of children who were
510evaluated for placement, the number of children who were placed
511based upon the evaluation, and the number of children who were
512not placed.
513     2.  The department shall maintain data specifying the
514number of children who were referred to a safe house for whom
515placement was unavailable and the counties in which such
516placement was unavailable. The department shall include this
517data in its report under this paragraph, so that the Legislature
518may consider this information in developing the General
519Appropriations Act.
520     (b)  As part of the report required in paragraph (a), the
521department shall also provide a detailed account of the
522expenditures incurred for "Special Categories: Grants and Aids-
523Safe Houses" for the fiscal year immediately preceding the date
524of the report. This section of the report must include whatever
525supporting data is necessary to demonstrate full compliance with
526paragraph (6)(c). The document must present the information by
527district and must specify, at a minimum, the number of
528additional beds, the average rate per bed, the number of
529additional persons served, and a description of the enhanced and
530expanded services provided.
531     (6)(a)  The provisions of this section shall be implemented
532to the extent of available appropriations contained in the
533annual General Appropriations Act for such purpose.
534     (b)  Each year, funds included in the General
535Appropriations Act for safe houses and short-term safe houses as
536provided in s. 409.1678 shall be appropriated in a separately
537identified special category that is designated in the act as
538"Special Categories: Grants and Aids-Safe Houses."
539     (c)  Each fiscal year, all funding increases for safe
540houses and short-term safe houses as provided in s. 409.1678
541which are included in the General Appropriations Act shall be
542appropriated in a lump-sum appropriation as defined in s.
543216.011. In accordance with s. 216.181(6)(a), the Executive
544Office of the Governor shall require the department to submit a
545spending plan that identifies the safe-house capacity shortage
546throughout the state and proposes a distribution formula by
547district which addresses the reported deficiencies. The spending
548plan must have as its first priority the reduction or
549elimination of any bed shortage identified and must also provide
550for program enhancements to ensure that safe houses and short-
551term safe houses meet a minimum level of expected performance
552and provide for expansion of services for sexually exploited
553children described in s. 409.1678. Annual appropriation
554increases appropriated in the lump-sum appropriation must be
555used in accordance with the provisions of the spending plan.
556     (d)  Funds from "Special Categories: Grants and Aids-Safe
557Houses" may be used as one-time startup funding for safe-house
558and short-term safe-house purposes that include, but are not
559limited to, remodeling or renovation of existing facilities,
560construction costs, leasing costs, purchase of equipment and
561furniture, site development, and other necessary and reasonable
562costs associated with the startup of facilities or programs upon
563the recommendation of the lead community-based provider if one
564exists and upon specific approval of the terms and conditions by
565the secretary of the department.
566     Section 8.  Subsection (7) of section 322.28, Florida
567Statutes, is amended to read:
568     322.28  Period of suspension or revocation.-
569     (7)  Following a second or subsequent violation of s.
570796.07(2)(e)(f) which involves a motor vehicle and which results
571in any judicial disposition other than acquittal or dismissal,
572in addition to any other sentence imposed, the court shall
573revoke the person's driver's license or driving privilege,
574effective upon the date of the disposition, for a period of not
575less than 1 year. A person sentenced under this subsection may
576request a hearing under s. 322.271.
577     Section 9.  Section 409.1678, Florida Statutes, is created
578to read:
579     409.1678  Safe harbor for children who are victims of
580sexual exploitation.-
581     (1)  It is the intent of the Legislature to provide safe
582houses and short-term safe houses for sexually exploited
583children to give them a secure residential environment; to allow
584them to be reintegrated into society as stable and productive
585members; and, if appropriate, to enable them to testify as
586witnesses in criminal proceedings related to their exploitation.
587Such children require a full range of services in addition to
588security, which include medical care, counseling, education, and
589mentoring. These services are to be provided in a secure
590residential setting by a not-for-profit corporation or a local
591government entity under a contract with the department or by a
592lead agency as described in s. 409.1671. These contracts should
593be designed to provide an identified number of children with
594access to a full array of services for a fixed price. Further,
595it is the intent of the Legislature that the department and the
596Department of Juvenile Justice establish an interagency
597agreement by December 1, 2010, which describes respective agency
598responsibilities for referral, placement, service provision, and
599service coordination for dependent and delinquent youth who are
600referred to these residential group care facilities. The
601agreement must require interagency collaboration in the
602development of terms, conditions, and performance outcomes for
603safe-house contracts serving these children who have been
604adjudicated dependent or delinquent.
605     (2)  As used in this section, the term:
606     (a)  "Child advocate" means an employee of a short-term
607safe house who has been trained to work with and advocate for
608the needs of sexually exploited children. The advocate shall
609accompany the child to all court appearances, meetings with law
610enforcement and the state attorney's office, and shall serve as
611a liaison between the short-term safe house and the court.
612     (b)  "Safe house" means a living environment that has set
613aside gender-specific, separate, and distinct living quarters
614for sexually exploited children who have been adjudicated
615dependent or delinquent and need to reside in a secure
616residential facility with 24-hour-awake staff. A safe house
617shall be operated by a licensed family foster home or
618residential child-caring agency as defined in s. 409.175,
619including a runaway youth center as defined in s. 409.441. Each
620facility must be appropriately licensed in this state as a
621residential child-caring agency as defined in s. 409.175 and
622must be accredited by July 1, 2011. A safe house serving
623children who have been sexually exploited must have available
624staff or contract personnel with the clinical expertise,
625credentials, and training to provide services identified in
626paragraph (3)(e).
627     (c)  "Sexually exploited child" means a dependent child who
628has suffered sexual abuse as defined in s. 39.01(67)(g) and is
629ineligible for relief and benefits under the federal Trafficking
630Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
631     (d)  "Short-term safe house" means a shelter operated by a
632licensed family foster home or residential child-caring agency
633as defined in s. 409.175, including a runaway youth center as
634defined in s. 409.441, that has set aside gender-specific,
635separate, and distinct living quarters for sexually exploited
636children. In addition to shelter, the house shall provide
637services and care to sexually exploited children, including
638food, clothing, medical care, counseling, and appropriate crisis
639intervention services at the time they are taken into custody by
640law enforcement or the department.
641     (3)(a)  Notwithstanding any other provision of law,
642pursuant to regulations of the department, every district of the
643department shall address the child welfare service needs of
644sexually exploited children as a component of the district's
645master plan and, to the extent that funds are available, ensure
646that preventive services, including a short-term safe house to
647serve sexually exploited children, are available to children
648residing in the district. The department or a lead agency that
649has been established in accordance with s. 409.1671 shall
650contract with an appropriate not-for-profit agency with
651experience working with sexually exploited children to operate
652such a short-term safe house. Nothing in this section shall
653prohibit a district from using a homeless youth program or
654services for victims of human trafficking for such purposes so
655long as the staff members have received appropriate training
656approved by the department regarding sexually exploited children
657and the existing programs and facilities provide a safe, secure,
658and appropriate environment for sexually exploited children.
659Crisis intervention services, short-term safe-house care, and
660community programming may, where appropriate, be provided by the
661same not-for-profit agency. Districts may work cooperatively to
662provide such short-term safe-house services and programming, and
663access to such placement, services, and programming may be
664provided on a regional basis, provided that every district
665ensures, to the extent that funds are available, that such
666placement, services, and programs are readily accessible to
667sexually exploited children residing within the district.
668     (b)  The capacity of the crisis intervention services and
669community-based programs in subsection (1) shall be based on the
670number of sexually exploited children in each district who are
671in need of such services. A determination of such need shall be
672made annually in every district by the local administrator of
673the department and be included in the department's master plan.
674This determination shall be made in consultation with local law
675enforcement, runaway and homeless youth program providers, local
676probation departments, local community-based care and social
677services, local guardians ad litem, public defenders, state
678attorney's offices, and child advocates and services providers
679who work directly with sexually exploited youth.
680     (c)  The department shall contract with an appropriate not-
681for-profit agency with experience working with sexually
682exploited children to operate at least one safe house in a
683geographically appropriate area of the state, which shall
684provide safe and secure long-term housing and specialized
685services for sexually exploited children throughout the state.
686The appropriateness of the geographic location shall be
687determined taking into account the areas of the state with high
688numbers of sexually exploited children and the need for sexually
689exploited children to find shelter and long-term placement in a
690secure and beneficial environment. The department shall
691determine the need for more than one safe house based on the
692numbers and geographical location of sexually exploited children
693within the state.
694     (d)  The department, in accordance with a specific
695appropriation for this program, shall contract with a not-for-
696profit corporation, a local government entity, or a lead agency
697that has been established in accordance with s. 409.1671 for the
698performance of short-term safe-house and safe-house services
699described in this section. A lead agency that is currently
700providing the equivalent of a safe house may provide this
701service directly with the approval of the department. The
702department or a lead agency may contract for more than one
703short-term safe house in a district and more than one safe house
704in the state if that is determined to be the most effective way
705to achieve the goals of this section.
706     (e)  The lead agency, the contracted not-for-profit
707corporation, or the local government entity is responsible for
708security, crisis intervention services, general counseling and
709victim-witness counseling, a comprehensive assessment,
710residential care, transportation, access to behavioral health
711services, recreational activities, food, clothing, supplies,
712infant care, and miscellaneous expenses associated with caring
713for these children; for necessary arrangement for or provision
714of educational services, including life skills services and
715planning services to successfully transition residents back to
716the community; and for ensuring necessary and appropriate health
717and dental care.
718     (f)  The department may transfer all casework
719responsibilities for children served under this program to the
720entity that provides the safe-house service, including case
721management and development and implementation of a case plan in
722accordance with current standards for child protection services.
723When the department establishes this program in a community that
724has a lead agency as described in s. 409.1671, the casework
725responsibilities must be transferred to the lead agency.
726     (g)  This section does not prohibit any provider of these
727services from appropriately billing Medicaid for services
728rendered, from contracting with a local school district for
729educational services, or from obtaining federal or local funding
730for services provided, as long as two or more funding sources do
731not pay for the same specific service that has been provided to
732a child.
733     (h)  The lead agency, not-for-profit corporation, or local
734government entity has the legal authority for children served in
735a safe-house program, as provided in chapter 39 or this chapter,
736as appropriate, to enroll the child in school, to sign for a
737driver's license for the child, to cosign loans and insurance
738for the child, to sign for medical treatment of the child, and
739to authorize other such activities.
740     (i)  The department shall provide technical assistance as
741requested and contract management services.
742     (j)  The provisions of this section shall be implemented to
743the extent of available appropriations contained in the General
744Appropriations Act for such purpose.
745     (k)  The department may adopt rules pursuant to ss.
746120.536(1) and 120.54 to implement the provisions of this
747section conferring duties upon it.
748     (l)  All of the services created under this section may, to
749the extent possible provided by law, be available to all
750sexually exploited children whether they are accessed
751voluntarily, as a condition of probation, through a diversion
752program, through a proceeding under chapter 39, or through a
753referral from a local community based care or social service
754agency.
755     (4)  The local district administrator may, to the extent
756that funds are available, in conjunction with local law
757enforcement officials, contract with an appropriate not-for-
758profit agency with experience working with sexually exploited
759children to train law enforcement officials who are likely to
760encounter sexually exploited children in the course of their law
761enforcement duties on the provisions of this section and how to
762identify and obtain appropriate services for sexually exploited
763children. Districts may work cooperatively to provide such
764training, and such training may be provided on a regional basis.
765The department shall assist districts in obtaining any available
766funds for the purposes of conducting law enforcement training
767from the United States Department of Justice, Office of Juvenile
768Justice and Delinquency Prevention.
769     Section 10.  Present subsection (2) and (6) of section
770796.07, Florida Statutes, are amended, present subsections (3)
771through (6) are redesignated as subsections (4) through (7),
772respectively, and a new subsection (3) is added to that section,
773to read:
774     796.07  Prohibiting prostitution and related acts, etc.;
775evidence; penalties; definitions.-
776     (2)  It is unlawful to:
777     (a)  To Own, establish, maintain, or operate any place,
778structure, building, or conveyance for the purpose of lewdness,
779assignation, or prostitution.
780     (b)  To Offer, or to offer or agree to secure, another for
781the purpose of prostitution or for any other lewd or indecent
782act.
783     (c)  To Receive, or to offer or agree to receive, any
784person into any place, structure, building, or conveyance for
785the purpose of prostitution, lewdness, or assignation, or to
786permit any person to remain there for such purpose.
787     (d)  To Direct, take, or transport, or to offer or agree to
788direct, take, or transport, any person to any place, structure,
789or building, or to any other person, with knowledge or
790reasonable cause to believe that the purpose of such directing,
791taking, or transporting is prostitution, lewdness, or
792assignation.
793     (e)  To offer to commit, or to commit, or to engage in,
794prostitution, lewdness, or assignation.
795     (e)(f)  To Solicit, induce, entice, or procure another to
796commit prostitution, lewdness, or assignation.
797     (f)  Use or threaten to use a deadly weapon during the
798commission of one of the offenses enumerated in subsection (3).
799     (g)  To reside in, enter, or remain in, any place,
800structure, or building, or to enter or remain in any conveyance,
801for the purpose of prostitution, lewdness, or assignation.
802     (h)  To aid, abet, or participate in any of the acts or
803things enumerated in this subsection.
804     (i)  To purchase the services of any person engaged in
805prostitution.
806     (3)  It is unlawful for any person 16 years of age or older
807to:
808     (a)  Purchase the services of any person engaged in
809prostitution.
810     (b)  Offer to commit, or to commit, or to engage in,
811prostitution, lewdness, or assignation.
812     (c)  Reside in, enter, or remain in, any place, structure,
813or building, or to enter or remain in any conveyance, for the
814purpose of prostitution, lewdness, or assignation.
815     (d)  Aid, abet, or participate in any of the acts or things
816enumerated in subsection (2) or this subsection.
817     (7)(6)  A person who violates paragraph (2)(e)(f) shall be
818assessed a civil penalty of $500 if the violation results in any
819judicial disposition other than acquittal or dismissal. The
820proceeds from penalties assessed under this subsection shall be
821paid to the circuit court administrator for the sole purpose of
822paying the administrative costs of treatment-based drug court
823programs provided under s. 397.334.
824     Section 11.  Paragraph (i) of subsection (1) of section
825985.145, Florida Statutes, is amended to read:
826     985.145  Responsibilities of juvenile probation officer
827during intake; screenings and assessments.-
828     (1)  The juvenile probation officer shall serve as the
829primary case manager for the purpose of managing, coordinating,
830and monitoring the services provided to the child. Each program
831administrator within the Department of Children and Family
832Services shall cooperate with the primary case manager in
833carrying out the duties and responsibilities described in this
834section. In addition to duties specified in other sections and
835through departmental rules, the assigned juvenile probation
836officer shall be responsible for the following:
837     (i)  Recommendation concerning a petition.-Upon determining
838that the report, affidavit, or complaint complies with the
839standards of a probable cause affidavit and that the interests
840of the child and the public will be best served, the juvenile
841probation officer may recommend that a delinquency petition not
842be filed. If such a recommendation is made, the juvenile
843probation officer shall advise in writing the person or agency
844making the report, affidavit, or complaint, the victim, if any,
845and the law enforcement agency having investigative jurisdiction
846over the offense of the recommendation; the reasons therefor;
847and that the person or agency may submit, within 10 days after
848the receipt of such notice, the report, affidavit, or complaint
849to the state attorney for special review. In the case of a
850report, affidavit, or complaint alleging a violation of s.
851796.07(3), there is a presumption that the juvenile probation
852officer recommend that a petition not be filed unless the child
853has previously been adjudicated delinquent. The state attorney,
854upon receiving a request for special review, shall consider the
855facts presented by the report, affidavit, or complaint, and by
856the juvenile probation officer who made the recommendation that
857no petition be filed, before making a final decision as to
858whether a petition or information should or should not be filed.
859     Section 12.  Paragraph (c) of subsection (1) of section
860985.15, Florida Statutes, is amended to read:
861     985.15  Filing decisions.-
862     (1)  The state attorney may in all cases take action
863independent of the action or lack of action of the juvenile
864probation officer and shall determine the action that is in the
865best interest of the public and the child. If the child meets
866the criteria requiring prosecution as an adult under s. 985.556,
867the state attorney shall request the court to transfer and
868certify the child for prosecution as an adult or shall provide
869written reasons to the court for not making such a request. In
870all other cases, the state attorney may:
871     (c)  File a petition for delinquency. In the case of a
872report, affidavit, or complaint alleging a violation of s.
873796.07(3), there is a presumption that a petition not be filed
874unless the child has previously been adjudicated delinquent;
875     Section 13.  This act shall take effect July 1, 2010.


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