August 07, 2020
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_h0535c1
CS/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;
24amending s. 322.28, F.S.; conforming a cross-reference;
25creating s. 409.1678, F.S.; providing legislative intent
26relating to safe houses; providing definitions; requiring
27districts of the Department of Children and Family
28Services to address child welfare service needs of
29sexually exploited children as a component of their master
30plans; providing for operation of safe houses; providing
31duties, responsibilities, and requirements for safe houses
32and their operators; providing for training for law
33enforcement officials who are likely to encounter sexually
34exploited children; amending s. 796.07, F.S.; revising
35prohibitions on prostitution and related acts; providing a
36civil penalty for use or threatened use of a deadly weapon
37during the commission of specified offenses; providing for
38an increased civil penalty and disposition of proceeds;
39conforming a cross-reference; amending ss. 985.145 and
40985.15, F.S.; providing a presumption against filing a
41delinquency petition for certain prostitution-related
42offenses in certain circumstances; providing an effective
43date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  This act may be cited as the "Florida Safe
48Harbor Act."
49     Section 2.  Subsections (4) through (12) of section 39.001,
50Florida Statutes, are renumbered as subsections (5) through
51(13), respectively, paragraph (c) of present subsection (7) and
52paragraph (b) of present subsection (9) are amended, and a new
53subsection (4) is added to that section, to read:
54     39.001  Purposes and intent; personnel standards and
55screening.-
56     (4)  SEXUAL EXPLOITATION SERVICES.-
57     (a)  The Legislature recognizes that child sexual
58exploitation is a serious problem nationwide and in this state.
59The children at greatest risk of being sexually exploited are
60runaways and throwaways. Many of these children have a history
61of abuse and neglect. The vulnerability of these children starts
62with isolation from family and friends. Traffickers maintain
63control of child victims through psychological manipulation,
64force, drug addiction, or the exploitation of economic,
65physical, or emotional vulnerability. Children exploited through
66the sex trade often find it difficult to trust adults because of
67their abusive experiences. These children make up a population
68that is hard to serve and harder to rehabilitate. Although
69minors are by law unable to consent to sexual activity, they are
70most often treated as perpetrators of crime rather than victims.
71Moreover, the historical treatment of such children as
72delinquents has too often resulted in the failure to
73successfully prosecute the trafficker, who is the true wrongdoer
74and threat to society.
75     (b)  The Legislature establishes the following goals for
76the state related to the status and treatment of sexually
77exploited children in the dependency process:
78     1.  To ensure the safety of children.
79     2.  To provide for the treatment of such children as
80dependent children rather than as delinquents.
81     3.  To sever the bond between exploited children and
82traffickers and to reunite these children with their families or
83provide them with appropriate guardians.
84     4.  To enable such children to be willing and reliable
85witnesses in the prosecution of traffickers.
86     (c)  The Legislature finds that sexually exploited children
87need special care and services in the dependency process, which
88include counseling, health care, substance abuse treatment,
89educational opportunities, and a safe environment secure from
90traffickers.
91     (d)  The Legislature further finds that sexually exploited
92children need the special care and services described in
93paragraph (c) independent of their citizenship, residency,
94alien, or immigrant status. It is the intent of the Legislature
95that this state provide such care and services to all sexually
96exploited children in this state who are not otherwise receiving
97comparable services, such as those under the federal Trafficking
98Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
99     (8)(7)  OFFICE OF ADOPTION AND CHILD PROTECTION.-
100     (c)  The office is authorized and directed to:
101     1.  Oversee the preparation and implementation of the state
102plan established under subsection (9) (8) and revise and update
103the state plan as necessary.
104     2.  Provide for or make available continuing professional
105education and training in the prevention of child abuse and
106neglect.
107     3.  Work to secure funding in the form of appropriations,
108gifts, and grants from the state, the Federal Government, and
109other public and private sources in order to ensure that
110sufficient funds are available for the promotion of adoption,
111support of adoptive families, and child abuse prevention
112efforts.
113     4.  Make recommendations pertaining to agreements or
114contracts for the establishment and development of:
115     a.  Programs and services for the promotion of adoption,
116support of adoptive families, and prevention of child abuse and
117neglect.
118     b.  Training programs for the prevention of child abuse and
119neglect.
120     c.  Multidisciplinary and discipline-specific training
121programs for professionals with responsibilities affecting
122children, young adults, and families.
123     d.  Efforts to promote adoption.
124     e.  Postadoptive services to support adoptive families.
125     5.  Monitor, evaluate, and review the development and
126quality of local and statewide services and programs for the
127promotion of adoption, support of adoptive families, and
128prevention of child abuse and neglect and shall publish and
129distribute an annual report of its findings on or before January
1301 of each year to the Governor, the Speaker of the House of
131Representatives, the President of the Senate, the head of each
132state agency affected by the report, and the appropriate
133substantive committees of the Legislature. The report shall
134include:
135     a.  A summary of the activities of the office.
136     b.  A summary of the adoption data collected and reported
137to the federal Adoption and Foster Care Analysis and Reporting
138System (AFCARS) and the federal Administration for Children and
139Families.
140     c.  A summary of the child abuse prevention data collected
141and reported to the National Child Abuse and Neglect Data System
142(NCANDS) and the federal Administration for Children and
143Families.
144     d.  A summary detailing the timeliness of the adoption
145process for children adopted from within the child welfare
146system.
147     e.  Recommendations, by state agency, for the further
148development and improvement of services and programs for the
149promotion of adoption, support of adoptive families, and
150prevention of child abuse and neglect.
151     f.  Budget requests, adoption promotion and support needs,
152and child abuse prevention program needs by state agency.
153     6.  Work with the direct-support organization established
154under s. 39.0011 to receive financial assistance.
155     (10)(9)  FUNDING AND SUBSEQUENT PLANS.-
156     (b)  The office and the other agencies and organizations
157listed in paragraph (9)(8)(a) shall readdress the state plan and
158make necessary revisions every 5 years, at a minimum. Such
159revisions shall be submitted to the Speaker of the House of
160Representatives and the President of the Senate no later than
161June 30 of each year divisible by 5. At least biennially, the
162office shall review the state plan and make any necessary
163revisions based on changing needs and program evaluation
164results. An annual progress report shall be submitted to update
165the state plan in the years between the 5-year intervals. In
166order to avoid duplication of effort, these required plans may
167be made a part of or merged with other plans required by either
168the state or Federal Government, so long as the portions of the
169other state or Federal Government plan that constitute the state
170plan for the promotion of adoption, support of adoptive
171families, and prevention of child abuse, abandonment, and
172neglect are clearly identified as such and are provided to the
173Speaker of the House of Representatives and the President of the
174Senate as required above.
175     Section 3.  Subsections (2) and (15) and paragraph (g) of
176subsection (67) of section 39.01, Florida Statutes, are amended
177to read:
178     39.01  Definitions.-When used in this chapter, unless the
179context otherwise requires:
180     (2)  "Abuse" means any willful act or threatened act that
181results in any physical, mental, or sexual abuse or injury or
182harm that causes or is likely to cause the child's physical,
183mental, or emotional health to be significantly impaired. Abuse
184of a child includes acts or omissions. Corporal discipline of a
185child by a parent or legal custodian for disciplinary purposes
186does not in itself constitute abuse when it does not result in
187harm to the child.
188     (15)  "Child who is found to be dependent" means a child
189who, pursuant to this chapter, is found by the court:
190     (a)  To have been abandoned, abused, or neglected by the
191child's parent or parents or legal custodians;
192     (b)  To have been surrendered to the department, the former
193Department of Health and Rehabilitative Services, or a licensed
194child-placing agency for purpose of adoption;
195     (c)  To have been voluntarily placed with a licensed child-
196caring agency, a licensed child-placing agency, an adult
197relative, the department, or the former Department of Health and
198Rehabilitative Services, after which placement, under the
199requirements of this chapter, a case plan has expired and the
200parent or parents or legal custodians have failed to
201substantially comply with the requirements of the plan;
202     (d)  To have been voluntarily placed with a licensed child-
203placing agency for the purposes of subsequent adoption, and a
204parent or parents have signed a consent pursuant to the Florida
205Rules of Juvenile Procedure;
206     (e)  To have no parent or legal custodians capable of
207providing supervision and care; or
208     (f)  To be at substantial risk of imminent abuse,
209abandonment, or neglect by the parent or parents or legal
210custodians; or
211     (g)  To have been sexually exploited and to have no parent,
212legal custodian, or responsible adult relative currently known
213and capable of providing the necessary and appropriate
214supervision and care.
215     (67)  "Sexual abuse of a child" means one or more of the
216following acts:
217     (g)  The sexual exploitation of a child, which includes the
218act of a child offering to engage in or engaging in
219prostitution; or allowing, encouraging, or forcing a child to:
220     1.  Solicit for or engage in prostitution; or
221     2.  Engage in a sexual performance, as defined by chapter
222827; or
223     3.  Participate in the trade of sex trafficking as provided
224in s. 796.035.
225     Section 4.  Paragraph (b) of subsection (2) and paragraph
226(b) of subsection (3) of section 39.401, Florida Statutes, are
227amended to read:
228     39.401  Taking a child alleged to be dependent into
229custody; law enforcement officers and authorized agents of the
230department.-
231     (2)  If the law enforcement officer takes the child into
232custody, that officer shall:
233     (b)  Deliver the child to an authorized agent of the
234department, stating the facts by reason of which the child was
235taken into custody and sufficient information to establish
236probable cause that the child is abandoned, abused, or
237neglected, or otherwise dependent. In the case of a child who is
238sexually exploited, the law enforcement officer shall deliver
239the child to the appropriate short-term safe house as provided
240for in s. 409.1678 if a short-term safe house is available.
241
242For cases involving allegations of abandonment, abuse, or
243neglect, or other dependency cases, within 3 days after such
244release or within 3 days after delivering the child to an
245authorized agent of the department, the law enforcement officer
246who took the child into custody shall make a full written report
247to the department.
248     (3)  If the child is taken into custody by, or is delivered
249to, an authorized agent of the department, the agent shall
250review the facts supporting the removal with an attorney
251representing the department. The purpose of the review is to
252determine whether there is probable cause for the filing of a
253shelter petition.
254     (b)  If the facts are sufficient and the child has not been
255returned to the custody of the parent or legal custodian, the
256department shall file the petition and schedule a hearing, and
257the attorney representing the department shall request that a
258shelter hearing be held within 24 hours after the removal of the
259child. While awaiting the shelter hearing, the authorized agent
260of the department may place the child in licensed shelter care,
261or in a short-term safe house if the child is a sexually
262exploited child, or may release the child to a parent or legal
263custodian or responsible adult relative or the adoptive parent
264of the child's sibling who shall be given priority consideration
265over a licensed placement, or a responsible adult approved by
266the department if this is in the best interests of the child.
267Placement of a child which is not in a licensed shelter must be
268preceded by a criminal history records check as required under
269s. 39.0138. In addition, the department may authorize placement
270of a housekeeper/homemaker in the home of a child alleged to be
271dependent until the parent or legal custodian assumes care of
272the child.
273     Section 5.  Subsection (2) and paragraphs (a), (d), and (h)
274of subsection (8) of section 39.402, Florida Statutes, are
275amended to read:
276     39.402  Placement in a shelter.-
277     (2)  A child taken into custody may be placed or continued
278in a shelter only if one or more of the criteria in subsection
279(1) applies and the court has made a specific finding of fact
280regarding the necessity for removal of the child from the home
281and has made a determination that the provision of appropriate
282and available services will not eliminate the need for
283placement. In the case of a child who is alleged to have been
284sexually exploited, there is a rebuttable presumption that
285placement in a short-term safe house is necessary.
286     (8)(a)  A child may not be held in a shelter longer than 24
287hours unless an order so directing is entered by the court after
288a shelter hearing. In the interval until the shelter hearing is
289held, the decision to place the child in a shelter or release
290the child from a shelter lies with the protective investigator.
291In the case of a child who is alleged to have been sexually
292exploited, there is a rebuttable presumption that placement in a
293short-term safe house is necessary.
294     (d)  At the shelter hearing, in order to continue the child
295in shelter care:
296     1.  The department must establish probable cause that
297reasonable grounds for removal exist and that the provision of
298appropriate and available services will not eliminate the need
299for placement; or
300     2.  The department must establish probable cause for the
301belief that the child has been sexually exploited and,
302therefore, that placement in a short-term safe house is the most
303appropriate environment for the child; or
304     3.2.  The court must determine that additional time is
305necessary, which may not exceed 72 hours, in which to obtain and
306review documents pertaining to the family in order to
307appropriately determine the risk to the child during which time
308the child shall remain in the department's custody, if so
309ordered by the court.
310     (h)  The order for placement of a child in shelter care
311must identify the parties present at the hearing and must
312contain written findings:
313     1.  That placement in shelter care is necessary based on
314the criteria in subsections (1) and (2).
315     2.  That placement in shelter care is in the best interest
316of the child.
317     3.  That continuation of the child in the home is contrary
318to the welfare of the child because the home situation presents
319a substantial and immediate danger to the child's physical,
320mental, or emotional health or safety which cannot be mitigated
321by the provision of preventive services.
322     4.  That based upon the allegations of the petition for
323placement in shelter care, there is probable cause to believe
324that the child is dependent or that the court needs additional
325time, which may not exceed 72 hours, in which to obtain and
326review documents pertaining to the family in order to
327appropriately determine the risk to the child.
328     5.  That the department has made reasonable efforts to
329prevent or eliminate the need for removal of the child from the
330home. A finding of reasonable effort by the department to
331prevent or eliminate the need for removal may be made and the
332department is deemed to have made reasonable efforts to prevent
333or eliminate the need for removal if:
334     a.  The first contact of the department with the family
335occurs during an emergency;
336     b.  The appraisal of the home situation by the department
337indicates that the home situation presents a substantial and
338immediate danger to the child's physical, mental, or emotional
339health or safety which cannot be mitigated by the provision of
340preventive services;
341     c.  The child cannot safely remain at home, either because
342there are no preventive services that can ensure the health and
343safety of the child or because, even with appropriate and
344available services being provided, the health and safety of the
345child cannot be ensured; or
346     d.  The child has been sexually exploited; or
347     e.d.  The parent or legal custodian is alleged to have
348committed any of the acts listed as grounds for expedited
349termination of parental rights in s. 39.806(1)(f)-(i).
350     6.  That the court notified the parents, relatives that are
351providing out-of-home care for the child, or legal custodians of
352the time, date, and location of the next dependency hearing and
353of the importance of the active participation of the parents,
354relatives that are providing out-of-home care for the child, or
355legal custodians in all proceedings and hearings.
356     7.  That the court notified the parents or legal custodians
357of their right to counsel to represent them at the shelter
358hearing and at each subsequent hearing or proceeding, and the
359right of the parents to appointed counsel, pursuant to the
360procedures set forth in s. 39.013.
361     8.  That the court notified relatives who are providing
362out-of-home care for a child as a result of the shelter petition
363being granted that they have the right to attend all subsequent
364hearings, to submit reports to the court, and to speak to the
365court regarding the child, if they so desire.
366     Section 6.  Paragraph (f) of subsection (1) and paragraph
367(d) of subsection (3) of section 39.521, Florida Statutes, are
368amended to read:
369     39.521  Disposition hearings; powers of disposition.-
370     (1)  A disposition hearing shall be conducted by the court,
371if the court finds that the facts alleged in the petition for
372dependency were proven in the adjudicatory hearing, or if the
373parents or legal custodians have consented to the finding of
374dependency or admitted the allegations in the petition, have
375failed to appear for the arraignment hearing after proper
376notice, or have not been located despite a diligent search
377having been conducted.
378     (f)  If the court places the child in an out-of-home
379placement, the disposition order must include a written
380determination that the child cannot safely remain at home with
381reunification or family preservation services and that removal
382of the child is necessary to protect the child. If the child is
383removed before the disposition hearing, the order must also
384include a written determination as to whether, after removal,
385the department made a reasonable effort to reunify the parent
386and child. Reasonable efforts to reunify are not required if the
387court finds that any of the acts listed in s. 39.806(1)(f)-(l)
388have occurred. The department has the burden of demonstrating
389that it made reasonable efforts.
390     1.  For the purposes of this paragraph, the term
391"reasonable effort" means the exercise of reasonable diligence
392and care by the department to provide the services ordered by
393the court or delineated in the case plan.
394     2.  In support of its determination as to whether
395reasonable efforts have been made, the court shall:
396     a.  Enter written findings as to whether prevention or
397reunification efforts were indicated.
398     b.  If prevention or reunification efforts were indicated,
399include a brief written description of what appropriate and
400available prevention and reunification efforts were made.
401     c.  Indicate in writing why further efforts could or could
402not have prevented or shortened the separation of the parent and
403child.
404     3.  A court may find that the department made a reasonable
405effort to prevent or eliminate the need for removal if:
406     a.  The first contact of the department with the family
407occurs during an emergency;
408     b.  The appraisal by the department of the home situation
409indicates a substantial and immediate danger to the child's
410safety or physical, mental, or emotional health which cannot be
411mitigated by the provision of preventive services;
412     c.  The child cannot safely remain at home, because there
413are no preventive services that can ensure the health and safety
414of the child or, even with appropriate and available services
415being provided, the health and safety of the child cannot be
416ensured. There is a rebuttable presumption that a sexually
417exploited child as defined in s. 39.01(67)(g) meets the terms of
418this subparagraph; or
419     d.  The parent is alleged to have committed any of the acts
420listed as grounds for expedited termination of parental rights
421under s. 39.806(1)(f)-(l).
422     4.  A reasonable effort by the department for reunification
423has been made if the appraisal of the home situation by the
424department indicates that the severity of the conditions of
425dependency is such that reunification efforts are inappropriate.
426The department has the burden of demonstrating to the court that
427reunification efforts were inappropriate.
428     5.  If the court finds that the prevention or reunification
429effort of the department would not have permitted the child to
430remain safely at home, the court may commit the child to the
431temporary legal custody of the department or take any other
432action authorized by this chapter.
433     (3)  When any child is adjudicated by a court to be
434dependent, the court shall determine the appropriate placement
435for the child as follows:
436     (d)  If the child cannot be safely placed in a nonlicensed
437placement, the court shall commit the child to the temporary
438legal custody of the department. Such commitment invests in the
439department all rights and responsibilities of a legal custodian.
440The department shall not return any child to the physical care
441and custody of the person from whom the child was removed,
442except for court-approved visitation periods, without the
443approval of the court. Any order for visitation or other contact
444must conform to the provisions of s. 39.0139. There is a
445rebuttable presumption that any child who has been found to be a
446victim of sexual exploitation as defined in s. 39.01(67)(g) be
447committed to a safe house as provided for in s. 409.1678. The
448term of such commitment continues until terminated by the court
449or until the child reaches the age of 18. After the child is
450committed to the temporary legal custody of the department, all
451further proceedings under this section are governed by this
452chapter.
453
454Protective supervision continues until the court terminates it
455or until the child reaches the age of 18, whichever date is
456first. Protective supervision shall be terminated by the court
457whenever the court determines that permanency has been achieved
458for the child, whether with a parent, another relative, or a
459legal custodian, and that protective supervision is no longer
460needed. The termination of supervision may be with or without
461retaining jurisdiction, at the court's discretion, and shall in
462either case be considered a permanency option for the child. The
463order terminating supervision by the department shall set forth
464the powers of the custodian of the child and shall include the
465powers ordinarily granted to a guardian of the person of a minor
466unless otherwise specified. Upon the court's termination of
467supervision by the department, no further judicial reviews are
468required, so long as permanency has been established for the
469child.
470     Section 7.  Section 39.524, Florida Statutes, is created to
471read:
472     39.524  Safe-harbor placement.-
473     (1)  Except as provided in s. 39.407, any dependent child 6
474years of age or older who has been found to be a victim of
475sexual exploitation as defined in s. 39.01(67)(g) must be
476assessed for placement in a safe house as provided in s.
477409.1678. The assessment shall be conducted by the department or
478its agent and shall incorporate and address current and
479historical information from any law enforcement reports;
480psychological testing or evaluation that has occurred; current
481and historical information from the guardian ad litem, if one
482has been assigned; current and historical information from any
483current therapist, teacher, or other professional who has
484knowledge of the child and has worked with the child; and any
485other information concerning the availability and suitability of
486safe-house placement. If such placement is determined to be
487appropriate as a result of this procedure, the child must be
488placed in a safe house, if available.
489     (2)  The results of the assessment described in subsection
490(1) and the actions taken as a result of the assessment must be
491included in the next judicial review of the child. At each
492subsequent judicial review, the court must be advised in writing
493of the status of the child's placement, with special reference
494regarding the stability of the placement and the permanency
495planning for the child.
496     (3)  Any safe house that receives children under this
497section shall establish special permanency teams dedicated to
498overcoming the special permanency challenges presented by this
499population of children. Each facility shall report to the
500department its success in achieving permanency for children
501placed by the department in its care at intervals that allow the
502current information to be provided to the court at each judicial
503review for the child.
504     (4)  This section does not prohibit the department from
505assessing and placing children who do not meet the criteria in
506subsection (1) in a safe house if such placement is the most
507appropriate placement for such children.
508     (5)(a)1.  By December 1 of each year, the department shall
509report to the Legislature on the placement of children in safe
510houses during the year, including the criteria used to determine
511the placement of children, the number of children who were
512evaluated for placement, the number of children who were placed
513based upon the evaluation, and the number of children who were
514not placed.
515     2.  The department shall maintain data specifying the
516number of children who were referred to a safe house for whom
517placement was unavailable and the counties in which such
518placement was unavailable. The department shall include this
519data in its report under this paragraph, so that the Legislature
520may consider this information in developing the General
521Appropriations Act.
522     (b)  As part of the report required in paragraph (a), the
523department shall also provide a detailed account of the
524expenditures incurred for "Special Categories: Grants and Aids-
525Safe Houses" for the fiscal year immediately preceding the date
526of the report. 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     Section 8.  Subsection (7) of section 322.28, Florida
532Statutes, is amended to read:
533     322.28  Period of suspension or revocation.-
534     (7)  Following a second or subsequent violation of s.
535796.07(2)(e)(f) which involves a motor vehicle and which results
536in any judicial disposition other than acquittal or dismissal,
537in addition to any other sentence imposed, the court shall
538revoke the person's driver's license or driving privilege,
539effective upon the date of the disposition, for a period of not
540less than 1 year. A person sentenced under this subsection may
541request a hearing under s. 322.271.
542     Section 9.  Section 409.1678, Florida Statutes, is created
543to read:
544     409.1678  Safe harbor for children who are victims of
545sexual exploitation.-
546     (1)  It is the intent of the Legislature to provide safe
547houses and short-term safe houses for sexually exploited
548children to give them a secure residential environment; to allow
549them to be reintegrated into society as stable and productive
550members; and, if appropriate, to enable them to testify as
551witnesses in criminal proceedings related to their exploitation.
552Such children require a full range of services in addition to
553security, which include medical care, counseling, education, and
554mentoring. These services are to be provided in a secure
555residential setting by a not-for-profit corporation or a local
556government entity under a contract with the department or by a
557lead agency as described in s. 409.1671, provided that the
558expenditure of such funds is calculated by the department to be
559a potential cost savings and more cost-effective than those
560otherwise provided by the government. These contracts should be
561designed to provide an identified number of children with access
562to a full array of services for a fixed price. Further, it is
563the intent of the Legislature that the department and the
564Department of Juvenile Justice establish an interagency
565agreement by December 1, 2010, which describes respective agency
566responsibilities for referral, placement, service provision, and
567service coordination for dependent and delinquent youth who are
568referred to these residential group care facilities. The
569agreement must require interagency collaboration in the
570development of terms, conditions, and performance outcomes for
571safe-house contracts serving these children who have been
572adjudicated dependent or delinquent.
573     (2)  As used in this section, the term:
574     (a)  "Child advocate" means an employee of a short-term
575safe house who has been trained to work with and advocate for
576the needs of sexually exploited children. The advocate shall
577accompany the child to all court appearances, meetings with law
578enforcement and the state attorney's office, and shall serve as
579a liaison between the short-term safe house and the court.
580     (b)  "Safe house" means a living environment that has set
581aside gender-specific, separate, and distinct living quarters
582for sexually exploited children who have been adjudicated
583dependent or delinquent and need to reside in a secure
584residential facility with 24-hour-awake staff. A safe house
585shall be operated by a licensed family foster home or
586residential child-caring agency as defined in s. 409.175,
587including a runaway youth center as defined in s. 409.441. Each
588facility must be appropriately licensed in this state as a
589residential child-caring agency as defined in s. 409.175 and
590must be accredited by July 1, 2011. A safe house serving
591children who have been sexually exploited must have available
592staff or contract personnel with the clinical expertise,
593credentials, and training to provide services identified in
594paragraph (3)(e).
595     (c)  "Sexually exploited child" means a dependent child who
596has suffered sexual abuse as defined in s. 39.01(67)(g) and is
597ineligible for relief and benefits under the federal Trafficking
598Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
599     (d)  "Short-term safe house" means a shelter operated by a
600licensed family foster home or residential child-caring agency
601as defined in s. 409.175, including a runaway youth center as
602defined in s. 409.441, that has set aside gender-specific,
603separate, and distinct living quarters for sexually exploited
604children. In addition to shelter, the house shall provide
605services and care to sexually exploited children, including
606food, clothing, medical care, counseling, and appropriate crisis
607intervention services at the time they are taken into custody by
608law enforcement or the department.
609     (3)(a)  Notwithstanding any other provision of law,
610pursuant to regulations of the department, every district of the
611department shall address the child welfare service needs of
612sexually exploited children as a component of the district's
613master plan and, to the extent that funds are available, ensure
614that preventive services, including a short-term safe house to
615serve sexually exploited children, are available to children
616residing in the district. The department or a lead agency that
617has been established in accordance with s. 409.1671 shall
618contract with an appropriate not-for-profit agency with
619experience working with sexually exploited children to operate
620such a short-term safe house. Nothing in this section shall
621prohibit a district from using a homeless youth program or
622services for victims of human trafficking for such purposes so
623long as the staff members have received appropriate training
624approved by the department regarding sexually exploited children
625and the existing programs and facilities provide a safe, secure,
626and appropriate environment for sexually exploited children.
627Crisis intervention services, short-term safe-house care, and
628community programming may, where appropriate, be provided by the
629same not-for-profit agency. Districts may work cooperatively to
630provide such short-term safe-house services and programming, and
631access to such placement, services, and programming may be
632provided on a regional basis, provided that every district
633ensures, to the extent that funds are available, that such
634placement, services, and programs are readily accessible to
635sexually exploited children residing within the district.
636     (b)  The capacity of the crisis intervention services and
637community-based programs in subsection (1) shall be based on the
638number of sexually exploited children in each district who are
639in need of such services. A determination of such need shall be
640made annually in every district by the local administrator of
641the department and be included in the department's master plan.
642This determination shall be made in consultation with local law
643enforcement, runaway and homeless youth program providers, local
644probation departments, local community-based care and social
645services, local guardians ad litem, public defenders, state
646attorney's offices, and child advocates and services providers
647who work directly with sexually exploited youth.
648     (c)  The department shall contract with an appropriate not-
649for-profit agency with experience working with sexually
650exploited children to operate at least one safe house in a
651geographically appropriate area of the state, which shall
652provide safe and secure long-term housing and specialized
653services for sexually exploited children throughout the state.
654The appropriateness of the geographic location shall be
655determined taking into account the areas of the state with high
656numbers of sexually exploited children and the need for sexually
657exploited children to find shelter and long-term placement in a
658secure and beneficial environment. The department shall
659determine the need for more than one safe house based on the
660numbers and geographical location of sexually exploited children
661within the state.
662     (d)  The department, in accordance with a specific
663appropriation for this program, shall contract with a not-for-
664profit corporation, a local government entity, or a lead agency
665that has been established in accordance with s. 409.1671 for the
666performance of short-term safe-house and safe-house services
667described in this section. A lead agency that is currently
668providing the equivalent of a safe house may provide this
669service directly with the approval of the department. The
670department or a lead agency may contract for more than one
671short-term safe house in a district and more than one safe house
672in the state if that is determined to be the most effective way
673to achieve the goals of this section.
674     (e)  The lead agency, the contracted not-for-profit
675corporation, or the local government entity is responsible for
676security, crisis intervention services, general counseling and
677victim-witness counseling, a comprehensive assessment,
678residential care, transportation, access to behavioral health
679services, recreational activities, food, clothing, supplies,
680infant care, and miscellaneous expenses associated with caring
681for these children; for necessary arrangement for or provision
682of educational services, including life skills services and
683planning services to successfully transition residents back to
684the community; and for ensuring necessary and appropriate health
685and dental care.
686     (f)  The department may transfer all casework
687responsibilities for children served under this program to the
688entity that provides the safe-house service, including case
689management and development and implementation of a case plan in
690accordance with current standards for child protection services.
691When the department establishes this program in a community that
692has a lead agency as described in s. 409.1671, the casework
693responsibilities must be transferred to the lead agency.
694     (g)  This section does not prohibit any provider of these
695services from appropriately billing Medicaid for services
696rendered, from contracting with a local school district for
697educational services, or from obtaining federal or local funding
698for services provided, as long as two or more funding sources do
699not pay for the same specific service that has been provided to
700a child.
701     (h)  The lead agency, not-for-profit corporation, or local
702government entity has the legal authority for children served in
703a safe-house program, as provided in chapter 39 or this chapter,
704as appropriate, to enroll the child in school, to sign for a
705driver's license for the child, to cosign loans and insurance
706for the child, to sign for medical treatment of the child, and
707to authorize other such activities.
708     (i)  The department shall provide technical assistance as
709requested and contract management services.
710     (j)  The provisions of this section shall be implemented to
711the extent of available appropriations contained in the General
712Appropriations Act for such purpose.
713     (k)  The department may adopt rules pursuant to ss.
714120.536(1) and 120.54 to implement the provisions of this
715section conferring duties upon it.
716     (l)  All of the services created under this section may, to
717the extent possible provided by law, be available to all
718sexually exploited children whether they are accessed
719voluntarily, as a condition of probation, through a diversion
720program, through a proceeding under chapter 39, or through a
721referral from a local community based care or social service
722agency.
723     (4)  The local district administrator may, to the extent
724that funds are available, in conjunction with local law
725enforcement officials, contract with an appropriate not-for-
726profit agency with experience working with sexually exploited
727children to train law enforcement officials who are likely to
728encounter sexually exploited children in the course of their law
729enforcement duties on the provisions of this section and how to
730identify and obtain appropriate services for sexually exploited
731children. Districts may work cooperatively to provide such
732training, and such training may be provided on a regional basis.
733The department shall assist districts in obtaining any available
734funds for the purposes of conducting law enforcement training
735from the United States Department of Justice, Office of Juvenile
736Justice and Delinquency Prevention.
737     Section 10.  Present subsection (2) and (6) of section
738796.07, Florida Statutes, are amended, present subsections (3)
739through (6) are redesignated as subsections (4) through (7),
740respectively, and a new subsection (3) is added to that section,
741to read:
742     796.07  Prohibiting prostitution and related acts, etc.;
743evidence; penalties; definitions.-
744     (2)  It is unlawful to:
745     (a)  To Own, establish, maintain, or operate any place,
746structure, building, or conveyance for the purpose of lewdness,
747assignation, or prostitution.
748     (b)  To Offer, or to offer or agree to secure, another for
749the purpose of prostitution or for any other lewd or indecent
750act.
751     (c)  To Receive, or to offer or agree to receive, any
752person into any place, structure, building, or conveyance for
753the purpose of prostitution, lewdness, or assignation, or to
754permit any person to remain there for such purpose.
755     (d)  To Direct, take, or transport, or to offer or agree to
756direct, take, or transport, any person to any place, structure,
757or building, or to any other person, with knowledge or
758reasonable cause to believe that the purpose of such directing,
759taking, or transporting is prostitution, lewdness, or
760assignation.
761     (e)  To offer to commit, or to commit, or to engage in,
762prostitution, lewdness, or assignation.
763     (e)(f)  To Solicit, induce, entice, or procure another to
764commit prostitution, lewdness, or assignation.
765     (f)  Use or threaten to use a deadly weapon during the
766commission of one of the offenses enumerated in subsection (3).
767     (g)  To reside in, enter, or remain in, any place,
768structure, or building, or to enter or remain in any conveyance,
769for the purpose of prostitution, lewdness, or assignation.
770     (h)  To aid, abet, or participate in any of the acts or
771things enumerated in this subsection.
772     (i)  To purchase the services of any person engaged in
773prostitution.
774     (3)  It is unlawful for any person 16 years of age or older
775to:
776     (a)  Purchase the services of any person engaged in
777prostitution.
778     (b)  Offer to commit, or to commit, or to engage in,
779prostitution, lewdness, or assignation.
780     (c)  Reside in, enter, or remain in, any place, structure,
781or building, or to enter or remain in any conveyance, for the
782purpose of prostitution, lewdness, or assignation.
783     (d)  Aid, abet, or participate in any of the acts or things
784enumerated in subsection (2) or this subsection.
785     (7)(6)  A person who violates paragraph (2)(e) or paragraph
786(2)(f) shall be assessed a civil penalty of $5,000 $500 if the
787violation results in any judicial disposition other than
788acquittal or dismissal. Of the proceeds from each penalty
789penalties assessed under this subsection $500 shall be paid to
790the circuit court administrator for the sole purpose of paying
791the administrative costs of treatment-based drug court programs
792provided under s. 397.334 and $4,500 shall be paid to the
793Department of Children and Family Services for the sole purpose
794of funding safe houses and short-term safe houses as provided in
795s. 409.1678.
796     Section 11.  Paragraph (i) of subsection (1) of section
797985.145, Florida Statutes, is amended to read:
798     985.145  Responsibilities of juvenile probation officer
799during intake; screenings and assessments.-
800     (1)  The juvenile probation officer shall serve as the
801primary case manager for the purpose of managing, coordinating,
802and monitoring the services provided to the child. Each program
803administrator within the Department of Children and Family
804Services shall cooperate with the primary case manager in
805carrying out the duties and responsibilities described in this
806section. In addition to duties specified in other sections and
807through departmental rules, the assigned juvenile probation
808officer shall be responsible for the following:
809     (i)  Recommendation concerning a petition.-Upon determining
810that the report, affidavit, or complaint complies with the
811standards of a probable cause affidavit and that the interests
812of the child and the public will be best served, the juvenile
813probation officer may recommend that a delinquency petition not
814be filed. If such a recommendation is made, the juvenile
815probation officer shall advise in writing the person or agency
816making the report, affidavit, or complaint, the victim, if any,
817and the law enforcement agency having investigative jurisdiction
818over the offense of the recommendation; the reasons therefor;
819and that the person or agency may submit, within 10 days after
820the receipt of such notice, the report, affidavit, or complaint
821to the state attorney for special review. In the case of a
822report, affidavit, or complaint alleging a violation of s.
823796.07(3), there is a presumption that the juvenile probation
824officer recommend that a petition not be filed unless the child
825has previously been adjudicated delinquent. The state attorney,
826upon receiving a request for special review, shall consider the
827facts presented by the report, affidavit, or complaint, and by
828the juvenile probation officer who made the recommendation that
829no petition be filed, before making a final decision as to
830whether a petition or information should or should not be filed.
831     Section 12.  Paragraph (c) of subsection (1) of section
832985.15, Florida Statutes, is amended to read:
833     985.15  Filing decisions.-
834     (1)  The state attorney may in all cases take action
835independent of the action or lack of action of the juvenile
836probation officer and shall determine the action that is in the
837best interest of the public and the child. If the child meets
838the criteria requiring prosecution as an adult under s. 985.556,
839the state attorney shall request the court to transfer and
840certify the child for prosecution as an adult or shall provide
841written reasons to the court for not making such a request. In
842all other cases, the state attorney may:
843     (c)  File a petition for delinquency. In the case of a
844report, affidavit, or complaint alleging a violation of s.
845796.07(3), there is a presumption that a petition not be filed
846unless the child has previously been adjudicated delinquent;
847     Section 13.  This act shall take effect July 1, 2010.


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