Bill Text: FL S1546 | 2023 | Regular Session | Introduced
Bill Title: Human Trafficking
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2023-05-05 - Died in Criminal Justice, companion bill(s) passed, see CS/CS/CS/SB 1690 (Ch. 2023-85), SB 7064 (Ch. 2023-86) [S1546 Detail]
Download: Florida-2023-S1546-Introduced.html
Florida Senate - 2023 SB 1546
By Senator Stewart
17-00838B-23 20231546__
1 A bill to be entitled`
2 An act relating to human trafficking; amending s.
3 509.098, F.S.; prohibiting an operator of a public
4 lodging establishment from offering an hourly rate or
5 a fraction of an hourly rate, or any combination
6 thereof, for less than 3 hours for an accommodation;
7 requiring that such minimum hourly rate be for a
8 reserved and continuous block of time; revising
9 applicability; amending s. 787.29, F.S.; requiring the
10 employer at an athletic venue, an entertainment venue,
11 or a convention center with a certain capacity to
12 display a human trafficking public awareness sign in a
13 conspicuous location that is clearly visible to the
14 public and employees; defining the term “entertainment
15 venue”; providing a noncriminal violation; authorizing
16 sheriffs to identify locations appropriate for the
17 display of public awareness signs and to display such
18 signs as they deem appropriate; making technical
19 changes; amending s. 943.17297, F.S.; increasing the
20 number of training hours in identifying and
21 investigating human trafficking which each certified
22 law enforcement officer must successfully complete
23 within 1 year after beginning employment; creating s.
24 1004.343, F.S.; creating the Statewide Data Repository
25 for Anonymous Human Trafficking Data at the University
26 of South Florida; providing purposes of the data
27 repository; specifying duties of the university;
28 designating required reporting entities; requiring
29 specified information to be reported; providing
30 timeframes for reporting; providing an effective date.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. Section 509.098, Florida Statutes, is amended to
35 read:
36 509.098 Prohibition of hourly rates.—
37 (1) An operator of a public lodging establishment may not
38 offer an hourly rate or a fraction of an hourly rate, or any
39 combination thereof, for less than 3 hours for an accommodation.
40 The minimum hourly rate of time that an operator of a public
41 lodging establishment may offer is 3 hours, and it must be for a
42 reserved and continuous block of time.
43 (2) This section does not apply to:
44 (a) An hourly rate charged by an operator of a public
45 lodging establishment as a late checkout fee.
46 (b) A public lodging establishment within a 1-mile radius
47 of an airport.
48 Section 2. Section 787.29, Florida Statutes, is amended to
49 read:
50 787.29 Human trafficking public awareness signs.—
51 (1) The Department of Transportation shall display a public
52 awareness sign developed under this section subsection (4) in
53 every rest area, turnpike service plaza, weigh station, primary
54 airport, passenger rail station, and welcome center in the state
55 which is open to the public.
56 (2) Emergency rooms shall display a public awareness sign
57 developed under this section subsection (4) in the emergency
58 rooms at general acute care hospitals.
59 (3)(a) The employer at each of the following establishments
60 shall display a public awareness sign developed under this
61 section subsection (4) in a conspicuous location that is clearly
62 visible to the public and employees of the establishment:
63 1.(a) A strip club or other adult entertainment
64 establishment.
65 2.(b) A business or establishment that offers massage or
66 bodywork services for compensation and that is not owned by a
67 health care practitioner regulated pursuant to chapter 456 and
68 defined in s. 456.001.
69 3. An athletic venue, an entertainment venue, or a
70 convention center capable of accommodating 5,000 or more
71 persons. As used in this subparagraph, the term “entertainment
72 venue” means any public facility that offers services or holds
73 events, performances, or activities for enjoyment or amusement
74 and is used for commercial or industrial purposes and that does
75 not include overnight lodging or casinos but may include
76 performing arts centers, arenas, racetracks, coliseums,
77 auditoriums, theme or amusement parks, museums, cultural
78 complexes, or other similar facilities.
79 (b) A county commission may adopt an ordinance to enforce
80 this subsection. A violation of this subsection is a noncriminal
81 violation and is punishable only by a fine as provided in s.
82 775.083.
83 (4) Each sheriff may identify locations appropriate for the
84 display of a public awareness sign developed under this section
85 and may display such signs as he or she deems appropriate.
86 (5) The required public awareness sign must be at least 8.5
87 inches by 11 inches in size, must be printed in at least a 16
88 point type, and must state substantially the following in
89 English and Spanish:
90
91 “If you or someone you know is being forced to engage
92 in an activity and cannot leave—whether it is
93 prostitution, housework, farm work, factory work,
94 retail work, restaurant work, or any other activity
95 call the National Human Trafficking Resource Center at
96 1-888-373-7888 or text INFO or HELP to 233-733 to
97 access help and services. Victims of slavery and human
98 trafficking are protected under United States and
99 Florida law.”
100
101 (5) The county commission may adopt an ordinance to enforce
102 subsection (3). A violation of subsection (3) is a noncriminal
103 violation and punishable by a fine only as provided in s.
104 775.083.
105 Section 3. Section 943.17297, Florida Statutes, is amended
106 to read:
107 943.17297 Continuing employment training in identifying and
108 investigating human trafficking.—Within 1 year after beginning
109 employment, each certified law enforcement officer must
110 successfully complete 8 4 hours of training in identifying and
111 investigating human trafficking. Completion of the training
112 component may count toward the 40 hours of instruction for
113 continued employment or appointment as a law enforcement officer
114 required under s. 943.135. This training component must be
115 completed by current law enforcement officers by July 1, 2022.
116 The training must be developed by the commission in consultation
117 with the Department of Legal Affairs and the Statewide Council
118 on Human Trafficking. If an officer fails to complete the
119 required training, his or her certification must be placed on
120 inactive status until the employing agency notifies the
121 commission that the officer has completed the training.
122 Section 4. Section 1004.343, Florida Statutes, is created
123 to read:
124 1004.343 Statewide Data Repository for Anonymous Human
125 Trafficking Data.—
126 (1) There is created the Statewide Data Repository for
127 Anonymous Human Trafficking Data. The repository shall be housed
128 in and operated by the University of South Florida Trafficking
129 in Persons - Risk to Resilience Lab.
130 (a) The Statewide Data Repository for Anonymous Human
131 Trafficking Data shall do all of the following:
132 1. Collect and analyze anonymous human trafficking data to
133 identify trends in human trafficking in this state over time.
134 2. Evaluate the effectiveness of various state-funded
135 initiatives to combat human trafficking to enable the state to
136 make evidence-based decisions in funding future initiatives.
137 3. Disseminate relevant data to law enforcement agencies,
138 state agencies, and other entities to assist in combating human
139 trafficking and apprehending and prosecuting persons responsible
140 for conducting human trafficking.
141 4. Evaluate the effectiveness of interventions and services
142 provided to assist human trafficking victims.
143 (b) The University of South Florida Trafficking in Persons
144 – Risk to Resilience Lab shall do all of the following:
145 1. Design, operate, maintain, and protect the integrity of
146 the Statewide Data Repository for Anonymous Human Trafficking
147 Data.
148 2. Design, in consultation with the Department of Law
149 Enforcement and other law enforcement partners, and launch a
150 user-friendly system for efficiently reporting anonymous human
151 trafficking data to the Statewide Data Repository for Anonymous
152 Human Trafficking Data at no additional cost to reporting
153 entities.
154 3. Analyze anonymous human trafficking data to identify
155 initiatives and interventions that are effective in combating
156 human trafficking, apprehending and prosecuting persons
157 responsible for conducting human trafficking, and assisting
158 human trafficking victims.
159 4. Work with law enforcement agencies and state agencies to
160 report data on human trafficking investigations and prosecutions
161 which can aid such agencies in combating human trafficking and
162 apprehending and prosecuting persons responsible for conducting
163 human trafficking.
164 (2)(a) Except as provided in paragraph (b), the following
165 agencies and entities shall report anonymous human trafficking
166 data required under this section:
167 1. Law enforcement agencies operating with state or local
168 government tax proceeds, including, but not limited to,
169 municipal police departments, county sheriffs, and state
170 attorneys.
171 2. The Department of Law Enforcement and any other state
172 agency that holds data related to human trafficking.
173 3. Service providers and other nongovernmental
174 organizations that serve human trafficking victims and receive
175 state or federal funding for such purpose.
176 (b) A required reporting entity that submits the data
177 required under subsection (3) to the Department of Law
178 Enforcement’s Uniform Crime Report system or Florida Incident
179 Based Reporting System may, but is not required to, submit any
180 additional data to the Statewide Data Repository for Anonymous
181 Human Trafficking Data. The Department of Law Enforcement shall
182 report to the Statewide Data Repository for Anonymous Human
183 Trafficking Data, at least quarterly, the data required under
184 subsection (3) which has been reported by a required reporting
185 entity to the department.
186 (3) A required reporting entity shall submit the following
187 data to the Statewide Data Repository for Anonymous Human
188 Trafficking Data unless such entity is exempt from the reporting
189 requirement under paragraph (2)(b):
190 (a) The alleged human trafficking offense that was
191 investigated or prosecuted and a description of the alleged
192 prohibited conduct.
193 (b) The age, gender, and race or ethnicity of each suspect
194 or defendant and victim.
195 (c) The date, time, and location of the alleged offense.
196 (d) The type of human trafficking involved, whether for
197 labor or services or commercial sexual activity.
198 (e) Any other alleged offense related to the human
199 trafficking offense that was investigated or prosecuted.
200 (f) Information regarding any victim services organization
201 or related program to which the victim was referred, if
202 available.
203 (g) The disposition of the investigation or prosecution,
204 regardless of the manner of disposition.
205 (4)(a) A required reporting entity located in a county with
206 a population of more than 500,000 must begin reporting data
207 required by this section to the Statewide Data Repository for
208 Anonymous Human Trafficking Data, or to the Department of Law
209 Enforcement as authorized under paragraph (2)(b), on or before
210 July 1, 2024, and at least quarterly each year thereafter.
211 (b) A required reporting entity located in a county with a
212 population of 500,000 or less must begin reporting data required
213 by this section to the Statewide Data Repository for Anonymous
214 Human Trafficking Data, or to the Department of Law Enforcement
215 as authorized under paragraph (2)(b), on or before July 1, 2025,
216 and at least biannually each year thereafter.
217 Section 5. This act shall take effect July 1, 2023.
