Fla. Stat. § 402.881

Current through the 2024 Legislative Session
Section 402.881 - Adult safe houses
(1) As used in this section, the term:
(a) "Adult safe house" means a group residential facility that provides housing and care specifically for adult survivors of human trafficking.
(b) "Adult survivor of human trafficking" or "survivor" means an individual who has reached the age of 18 and who has been subjected to human trafficking as defined in s. 787.06.
(c) "Department" means the Department of Children and Families.
(2) The Services and Resources Committee of the Statewide Council on Human Trafficking established under s. 16.617 shall conduct a study and make recommendations regarding the regulation of adult safe houses as provided in this section.
(a) The department shall provide administrative and staff support to the committee in meeting the requirements of this section.
(b) The committee shall submit an interim report regarding its activities and findings by October 1, 2023, to the Governor, the President of the Senate, and the Speaker of the House of Representatives. The committee shall submit a final report addressing all requirements of this subsection by December 31, 2023, to the Governor, the President of the Senate, and the Speaker of the House of Representatives.
(3) The committee shall survey operators of existing adult safe houses in the state to determine the following information regarding their operation. The information may be obtained and presented on a categorical or high-level basis, as appropriate.
(a) The number of adult safe houses in Florida and the regions of the state where they are located.
(b) The number of beds in adult safe houses and number of individuals served per year.
(c) The policies and criteria regarding which adult survivors of human trafficking may be served and the processes for intake and discharge, such as for how referrals are received.
(d) The amount of revenues supporting adult safe house operation and the sources of such funds, including, but not limited to, the amount of state and federal funds received and the specific source of such state and federal funds.
(e) Services and supports provided to adult survivors of human trafficking directly by the adult safe house and services to which residents are referred, including while they are residing in the adult safe house and after transitioning out of the adult safe house.
(f) Training requirements for staff and volunteers.
(g) The nature of and mechanisms for coordination with law enforcement.
(h) Whether the adult safe houses allow children of adult survivors of human trafficking to also reside in the houses, and if so, policies regarding their residence in the house and services directly provided to them or to which they may be referred.
(i) Policies of adult safe houses that ensure that adult survivors of human trafficking are served in a respectful and trauma-informed manner.
(j) Challenges faced by adult safe houses in providing a safe and therapeutic environment that is trauma-informed and in providing services to residents and their children.
(k) Any accreditations held by adult safe houses, external standards promulgated by outside bodies which houses meet, or other industry certifications held by adult safe houses.
(l) Identification of ineffective or problematic practices in existing adult safe houses in the state and recommendations regarding minimum standards for regulation.
(4) As part of the study, the committee shall also:
(a) Identify and review standards recommended by national organizations or experts specializing in adult safe house service provision or shelter or housing for adult survivors of human trafficking.
(b) Obtain recommendations from adult survivors of human trafficking and law enforcement agencies regarding regulation of adult safe houses.
(5) The committee shall develop recommendations for regulation of adult safe houses in Florida based on, at a minimum, the information obtained by the committee under this section.
(6) After December 31, 2023, the department shall initiate rulemaking and adopt rules establishing minimum standards for certification of adult safe houses to ensure that they provide a safe and therapeutic environment and operate in a survivor-centered and trauma-informed manner. After rules are adopted to certify adult safe houses, only adult safe houses certified by the department may provide group residential housing and care specifically for adult survivors of human trafficking. Adult safe houses in operation as of the date that rules initially adopted under this section become effective shall have 6 months from such date to become certified.
(a) The department shall adopt rules for the operation of adult safe houses, including standards for, at a minimum, the following:
1. Safe and therapeutic environments to receive and house adult survivors of human trafficking.
2. Appropriate security.
3. Coordination with local law enforcement agencies.
4. Safe and appropriate sheltering of minor children and other dependents of an adult survivor of human trafficking.
5. Operations based on trauma-informed and survivor-centered principles.
6. Trauma-informed, survivor-centered services that must, at a minimum, be provided, and other services that may be provided or to which adult survivors of human trafficking may be referred.
7. Appropriate training, background screening, and compliance with policies and procedures by owners, directors, board members, personnel, and volunteers of the adult safe house, as applicable.
(b) The department shall require complete applications for certification and for recertification, which must be renewed every 2 years, using forms furnished by the department, and provide all required information.
(c) The department shall inspect adult safe houses before certification and at least annually thereafter to ensure compliance with the requirements of this section.
(d) An adult safe house may provide to the department a list of the names of the human trafficking advocates who are employed or who volunteer at the adult safe house who may claim a privilege under s. 90.5037 to refuse to disclose a confidential communication between a victim of human trafficking and the advocate regarding the human trafficking inflicted upon the adult survivor of human trafficking. If a list is filed, the list must include the title of the position held by the advocate whose name is listed and a description of the duties of that position. An adult safe house shall file amendments to this list as necessary.
(e) If the department finds failure by an adult safe house to comply with the requirements established in or rules adopted under this section, the department may subject the adult safe house to disciplinary action, including, but not limited to, requiring a corrective action plan; imposing administrative fines; or denying, suspending, or revoking the certification of the adult safe house.

Fla. Stat. § 402.881

s. 2, ch. 2023-85.
Added by 2023 Fla. Laws, ch. 85,s 2, eff. 7/1/2023.