SB 540 — Human Trafficking

requiring the department to automatically remove certain criminal history records from the database under certain circumstances;

prohibiting the department from removing certain criminal history records from the database under certain circumstances;

requiring the database to include specified information on offenders;

providing an effective date.dates.

6792 WHEREAS, the state of Florida is ranked third nationally for human trafficking abuses, and the Legislature recognizes that the crime of human trafficking is a gross violation of human rights, and has taken measures to raise awareness of the practices of human sex trafficking and of labor trafficking of children and adults in this state, and WHEREAS, the Legislature deems it critical to the health, safety, and welfare of the people in this state to prevent and deter human trafficking networks, and persons who would aid and abet these networks, from operating in this state, and WHEREAS, repeat offenses to aid and abet traffickers by way of recruitment or financial support, and clients of human trafficking networks who use physical violence, are a particularly extreme threat to public safety, and WHEREAS, repeat offenders are extremely likely to use violence and to repeat their offenses, and to commit many offenses with many victims, many of whom are never given justice, and these offenders are only prosecuted for a small fraction of their crimes, and WHEREAS, traffickers and clients of human trafficking networks often use hotels, motels, public lodging establishments, massage establishments, spas, or property rental sharing sites to acquire facilities wherein men, women, and children are coerced into performing sexual acts, which places the employees of these establishments in direct and frequent contact with victims of human trafficking, and WHEREAS, this state is in critical need of a coordinated and collaborative human trafficking law enforcement response to prepare for future large-scale events taking place in this state, and the Legislature finds that a statewide effort focused on law enforcement training, detection, and enforcement, with additional focus on the safe rehabilitation of survivors, will benefit such critical need, and WHEREAS, research from 2011 has demonstrated that a majority of human trafficker’s clients are not interviewed by law enforcement, despite having extensive knowledge of the traffickers and the traffickers’ practices, and are even used as recruiters for traffickers, and WHEREAS, human trafficker’s clients who were interviewed in the same 2011 research stated that they would think twice about purchasing sex from a victim of human trafficking if they were named on a public database, and WHEREAS, client and trafficker anonymity has allowed for trafficking networks to continue in the shadows, and the publication of client and trafficker identities would protect the public from potential harm and protect victims of trafficking from future harm, NOW, THEREFORE, 140 Be It Enacted by the Legislature of the State of Florida:

69142 Section 1. Section 509.096,16.618, Florida Statutes, is created to read:

509.096 Human16.618 Direct-support traffickingorganization.— awareness(1) The trainingDepartment of Legal Affairs shall establish a direct-support organization to provide assistance, funding, and policiessupport forto employeesthe Statewide Council on Human Trafficking and to assist in the fulfillment of publicthe lodgingcouncil’s establishments;purposes.

enforcement.—The (1) Adirect publicsupport lodgingorganization establishmentmust shall:be:

(a) Provide(a) A trainingFlorida regardingcorporation, humannot traffickingfor awarenessprofit, toincorporated employeesunder ofchapter the617, establishmentand whoapproved performby housekeeping duties in the rentalSecretary unitsof orState; who work at the front desk or reception area where guests ordinarily check-in or check-out.

Such training shall be provided within 6 months after employment in that role, or by January 1, 2021, whichever occurs later.

Proof of such employee training shall be provided to the division upon request.

(b) By January 1, 2021, implement a procedure for the reporting of suspected human trafficking to the National Human Trafficking Hotline or to a local law enforcement agency.

(c) By January 1, 2021, post in a conspicuous place in the establishment accessible to employees a sign with the relevant provisions of the reporting procedure provided for in paragraph (b).

(2) The human trafficking awareness training required in paragraph (1)(a) shall be submitted to and approved by the division before the training is provided to employees and shall include the following:

(a) The definition of human trafficking and the difference between the two forms of human trafficking:

sex trafficking and labor trafficking.

(b) Guidance specific to the public lodging sector on how to identify individuals who may be victims of human trafficking.

(c) Guidance on the role of the employees of a public lodging establishment in reporting and responding to suspected human trafficking.

(3) Pursuant to s.

509.261, the division may take disciplinary action against a public lodging establishment that has operated or is operating in violation of this section.

(4) This section does not establish a private cause of action.

A public lodging establishment shall not be liable for any harm resulting from the failure of an employee to prevent, detect, or report suspected human trafficking if the public lodging establishment was in compliance with the requirements of this section at the time of such harm.

Section 2. Section 787.08, Florida Statutes, is created to read:

787.08 Direct-support organization.— (1) The Department of Children and Families, in consultation with the Department of Law Enforcement and the Attorney General, shall establish a direct-support organization that is:

(a) A Florida corporation, not for profit, incorporated under chapter 617, and approved by the Secretary of State.

and make expenditures in support of the purposes specified in this section.section;

and (c) Certified by the department, after review, to be operating in a manner consistent with the purposes of the organization and in the best interests of thethis state.

(2) The direct-support organization shall focusoperate onunder humanwritten traffickingcontract issues within the state by forming strategic partnerships to foster the development of community and private sector resources and serving as a liaison with state agencies, other state governments, and the publicdepartment. and private sectors.

Additionally,The thecontract direct-supportmust organizationprovide shallfor assistall agencies in creating training on the detection of human trafficking and the bestfollowing: practices of intervention and treatment for survivors of human trafficking.

The direct-support organization shall also provide resources for such training, and strategize the funding of inpatient care for victims of human trafficking in treatment centers throughout the state.

(3) The direct-support organization shall operate under written contract with the Department of Children and Families.

The contract must provide for:

(c) Annual certification by the department that the direct support organization is complying with the terms of the contract and is operating in a manner consistent with the purposes of the organization and in the best interests of thethis state.

(d) Reversion to the Florida Council Against Sexual Violence of moneys and property held in trust by the direct support organization to provide services for victims of sexual violence if the direct-support organization is no longer approved to operate or if it ceases to exist.

(4) The(3) The board of directors of the direct-support organization consistsshall consist of 13seven members.

Each member of the board of directors mustshall be appointed to a 4-year term;

however, for the purpose of providing staggered terms, the Speakerappointee of the HousePresident of Representativesthe Senate and the Presidentappointee of the SenateSpeaker of the House of Representatives shall each initially appointbe twoappointed members to serve a 2-year term, and the executive director of the Department of Law Enforcement and the Attorney General shall each initially appoint onetwo membermembers to serve a 2-year term.terms.

All subsequent appointments mustshall be for 44-year year terms.

Any vacancy that occurs must be filled in the same manner as the original appointment and is for the unexpired term of that seat.

The board of directors isshall be appointed as follows:

(a) Two(a) Four members withappointed aby lawthe enforcementAttorney backgroundGeneral, whoone haveof knowledgewhich inmust thebe areaa survivor of human trafficking,trafficking appointedand byone theof executivewhich directormust ofbe thea Departmentmental ofhealth Lawexpert. Enforcement.

(b) Three(b) One membersmember appointed by the AttorneyGovernor. General.

(c) Four(c) One membersmember appointed by the SpeakerPresident of the HouseSenate. of Representatives.

(d) Four(d) One membersmember appointed by the PresidentSpeaker of the Senate.House of Representatives.

(5) This(4) In sectionconjunction iswith repealedthe OctoberStatewide 1,Council 2024,on unlessHuman reviewedTrafficking, and savedfunded fromexclusively repeal by the Legislature.direct-support organization, the direct-support organization shall form strategic partnerships to foster the development of community and private sector resources to advance the goals of the council.

Section(5) The 3. Subsectiondirect-support (5)organization shall consider the participation of sectioncounties 796.07,and Floridamunicipalities Statutes,in isthis amended,state andwhich subsectiondemonstrate (2)a ofwillingness thatto sectionparticipate isand republished,an ability to read:be successful in any programs funded by the direct-support organization.

(6)(a) The department may authorize the appropriate use without charge, of the department’s property, facilities, and personnel by the direct-support organization.

The use must be for the approved purposes of the direct-support organization and may not be made at times or places that would unreasonably interfere with opportunities for the general public to use departmental facilities.

(b) The department shall prescribe by agreement conditions with which the direct-support organization must comply in order to use department property, facilities, or personnel.

Such conditions must provide for budget and audit review and oversight by the department.

(c) The department may not authorize the use of property, facilities, or personnel of the council, department, or designated program by the direct-support organization which does not provide equal employment opportunities to all persons regardless of race, color, religion, sex, age, or national origin.

(7)(a) The direct-support organization may conduct programs and activities;

raise funds;

request and receive grants, gifts, and bequests of money;

acquire, receive, hold, invest, and administer, in its own name, securities, funds, objects of value, or other property, real or personal;

and make expenditures to or for the direct or indirect benefit of the council or designated program.

(b) Notwithstanding s.

287.025(1)(e), the direct-support organization may enter into contracts to insure the property of the council or designated programs and may insure objects or collections on loan from other entities in satisfying security terms of the lender.

(8) A departmental employee, a direct-support organization or council employee, a volunteer, or a director or a designated program may not:

(a) Receive a commission, fee, or financial benefit in connection with serving on the council;

or (b) Be a business associate of any individual, firm, or organization involved in the sale or the exchange of real or personal property to the direct-support organization, the council, or a designated program.

(9) All moneys received by the direct-support organization shall be deposited into an account of the direct-support organization and shall be used in a manner consistent with the goals of the council or designated program.

(10) The department may terminate its agreement with the direct-support organization at any time if the department determines that the direct-support organization does not meet the objectives of this section.

(11) This section is repealed October 1, 2024, unless reviewed and saved from repeal by the Legislature.

Section 2. Section 480.043, Florida Statutes, is amended to read:

480.043 Massage establishments;

requisites;

licensure;

inspection;

human trafficking awareness training and policies;

enforcement.— (1) No massage establishment shall be allowed to operate without a license granted by the department in accordance with rules adopted by the board.

(2) A person who has an ownership interest in an establishment shall submit to the background screening requirements under s.

456.0135.

However, if a corporation submits proof of having more than $250,000 of business assets in this state, the department shall require the owner, officer, or individual directly involved in the management of the establishment to submit to the background screening requirements of s.

456.0135.

The department may adopt rules regarding the type of proof that may be submitted by a corporation.

(3) The board shall adopt rules governing the operation of establishments and their facilities, personnel, safety and sanitary requirements, financial responsibility, insurance coverage, and the license application and granting process.

(4) Any person, firm, or corporation desiring to operate a massage establishment in the state shall submit to the department an application, upon forms provided by the department, accompanied by any information requested by the department and an application fee.

(5) Upon receiving the application, the department may cause an investigation to be made of the proposed massage establishment.

(6) If, based upon the application and any necessary investigation, the department determines that the proposed establishment would fail to meet the standards adopted by the board under subsection (3), the department shall deny the application for license.

Such denial shall be in writing and shall list the reasons for denial.

Upon correction of any deficiencies, an applicant previously denied permission to operate a massage establishment may reapply for licensure.

(7) If, based upon the application and any necessary investigation, the department determines that the proposed massage establishment may reasonably be expected to meet the standards adopted by the department under subsection (3), the department shall grant the license under such restrictions as it shall deem proper as soon as the original licensing fee is paid.

(8) The department shall deny an application for a new or renewal license if a person with an ownership interest in the establishment or, for a corporation that has more than $250,000 of business assets in this state, the owner, officer, or individual directly involved in the management of the establishment has been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a violation of s.

796.07(2)(a) which is reclassified under s.

796.07(7) or a felony offense under any of the following provisions of state law or a similar provision in another jurisdiction:

(a) Section 787.01, relating to kidnapping.

(b) Section 787.02, relating to false imprisonment.

(c) Section 787.025, relating to luring or enticing a child.

(d) Section 787.06, relating to human trafficking.

(e) Section 787.07, relating to human smuggling.

(f) Section 794.011, relating to sexual battery.

(g) Section 794.08, relating to female genital mutilation.

(h) Former s.

796.03, relating to procuring a person under the age of 18 for prostitution.

(i) Former s.

796.035, relating to selling or buying of minors into prostitution.

(j) Section 796.04, relating to forcing, compelling, or coercing another to become a prostitute.

(k) Section 796.05, relating to deriving support from the proceeds of prostitution.

(l) Section 796.07(4)(a)3., relating to a felony of the third degree for a third or subsequent violation of s.

796.07, relating to prohibiting prostitution and related acts.

(m) Section 800.04, relating to lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age.

(n) Section 825.1025(2)(b), relating to lewd or lascivious offenses committed upon or in the presence of an elderly or disabled person.

(o) Section 827.071, relating to sexual performance by a child.

(p) Section 847.0133, relating to the protection of minors.

(q) Section 847.0135, relating to computer pornography.

(r) Section 847.0138, relating to the transmission of material harmful to minors to a minor by electronic device or equipment.

(s) Section 847.0145, relating to the selling or buying of minors.

(9)(a) Once issued, no license for operation of a massage establishment may be transferred from one owner to another.

(b) A license may be transferred from one location to another only after inspection and approval by the board and receipt of an application and inspection fee set by rule of the board, not to exceed $125.

(c) A license may be transferred from one business name to another after approval by the board and receipt of an application fee set by rule of the board, not to exceed $25.

(10) Renewal of license registration for massage establishments shall be accomplished pursuant to rules adopted by the board.

The board is further authorized to adopt rules governing delinquent renewal of licenses and may impose penalty fees for delinquent renewal.

(11) The board is authorized to adopt rules governing the periodic inspection of massage establishments licensed under this act.

(12) A person with an ownership interest in or, for a corporation that has more than $250,000 of business assets in this state, the owner, officer, or individual directly involved in the management of an establishment that was issued a license before July 1, 2014, shall submit to the background screening requirements of s.

456.0135 before January 31, 2015.

(13)(a) A massage establishment shall:

1. Provide training regarding human trafficking awareness to massage therapists and employees of the establishment who ordinarily interact with guests.

Such training must be provided to such massage therapists and employees within 6 months after their employment in that role, or by January 1, 2021, whichever occurs later.

Proof of such employee training must be provided to the board upon request.

2. By January 1, 2021, implement a procedure for the reporting of suspected human trafficking to the National Human Trafficking Hotline or to a local law enforcement agency.

3. By January 1, 2021, post in a conspicuous place in the establishment which is accessible to employees a sign with the relevant provisions of the reporting procedure provided for in subparagraph 2.

(b) The human trafficking awareness training required under subparagraph 1.

must be submitted to and approved by the department before the training is provided to employees and must include the following:

1. The definition of human trafficking and the difference between the two forms of human trafficking:

sex trafficking and labor trafficking.

2. Guidance specific to the massage establishment sector concerning how to identify individuals who may be victims of human trafficking.

3. Guidance concerning the role of the employees of a massage establishment in reporting and responding to suspected human trafficking.

(c) The board must take disciplinary action against a massage establishment that has operated or that is operating in violation of this section.

(d) This section does not establish a private cause of action.

A massage establishment is not liable for any harm resulting from the failure of an employee to prevent, detect, or report suspected human trafficking if the massage establishment was in compliance with the requirements of this section at the time of such harm.

(14)(13) This section does not apply to a physician licensed under chapter 458, chapter 459, or chapter 460 who employs a licensed massage therapist to perform massage on the physician’s patients at the physician’s place of practice.

This subsection does not restrict investigations by the department for violations of chapter 456 or this chapter.

Section 3. Section 509.096, Florida Statutes, is created to read:

509.096 Human trafficking awareness training and policies for employees of public lodging establishments;

enforcement.— (1) A public lodging establishment shall:

(a) Provide training regarding human trafficking awareness to employees of the establishment who perform housekeeping duties in the rental units or who work at the front desk or reception area where guests ordinarily check-in or check-out.

Such training must be provided to such employees within 6 months after their employment in that role, or by January 1, 2020, whichever occurs later.

Proof of such employee training must be provided to the division upon request.

(b) By January 1, 2020, implement a procedure for the reporting of suspected human trafficking to the National Human Trafficking Hotline or to a local law enforcement agency.

(c) By January 1, 2020, post in a conspicuous place in the establishment which is accessible to employees a sign with the relevant provisions of the reporting procedure provided for in paragraph (b).

(2) The human trafficking awareness training required under paragraph (1)(a) must be submitted to and approved by the division before the training is provided to employees and must include all of the following:

(a) The definition of human trafficking and the difference between the two forms of human trafficking:

sex trafficking and labor trafficking.

(b) Guidance specific to the public lodging sector concerning how to identify individuals who may be victims of human trafficking.

(c) Guidance concerning the role of the employees of a public lodging establishment in reporting and responding to suspected human trafficking.

(3) Pursuant to s.

509.261, the division must take disciplinary action against a public lodging establishment that has operated or that is operating in violation of this section.

(4) This section does not establish a private cause of action.

A public lodging establishment is not liable for any harm resulting from the failure of an employee to prevent, detect, or report suspected human trafficking if the public lodging establishment was in compliance with the requirements of this section at the time of such harm.

Section 4. Effective October 1, 2019, subsection (5) of section 796.07, Florida Statutes, is amended, and subsection (2) of that section is republished, to read:

(e) The criminal history record of a person who violates paragraph (2)(f) and who is found guilty as a result of a trial or who enters a plea of guilty or nolo contendere, regardless of whether adjudication is withheld, must be added to the Soliciting for Prostitution Registry.Public Database established under s.

Upon943.0433. the person’s conviction, the clerk of the court shall forward the criminal history record of the convicted person to the Department of Law Enforcement for inclusion in the Soliciting for Prostitution Registry.

SectionUpon 4. Sectionthe 943.0433,person’s Floridaconviction, Statutes,the isclerk createdof the court shall forward the criminal history record of the convicted person to read:the Department of Law Enforcement for inclusion in the database.

943.0433 SolicitingSection for5. Effective ProstitutionOctober Registry.—1, (1) The2019, departmentsection shall943.0433, createFlorida andStatutes, administeris thecreated Solicitingto forread: Prostitution Registry.

943.0433 Soliciting for Prostitution Public Database.— (1) The department shall create and administer the Soliciting for Prostitution Public Database.

796.07(5)(e), and the department must add the criminal history record to the registry.database.

(2) The(2)(a) The department shall adoptautomatically rulesremove tothe administercriminal thishistory section.record of a person on the database for a first violation of s.

Section796.07(2)(f) 5. Subsectionif, (3)after of5 sectionyears 943.0583,after Floridathe Statutes,person’s isconviction, amendedsuch toperson read:has not again violated s.

796.07(2)(f) and has not committed any other offense within that time that would constitute a sexual offense, including, but not limited to, human trafficking or an offense that would require registration as a sexual offender.

(b) The department may not remove a criminal history record from the database if a person violates s.

796.07(2)(f) a second or subsequent time.

(3) The database must include all of the following on each offender:

(a) His or her full legal name.

(b) His or her last known address.

(c) A color photograph of him or her.

(d) The offense for which he or she was convicted.

(4) The department shall adopt rules to administer this section.

Section 6. Subsection (3) of section 943.0583, Florida Statutes, is amended to read:

Section 6. Section7. Section 943.17297, Florida Statutes, is created to read:

Section 7. This8. Except as otherwise expressly provided in this act, this act shall take effect July 1, 2019.