Senate Bill 1436 (2022) — Training on human trafficking
SB 1436
Florida Bills
Florida Senate - 2022 SB 1436 By Senator Garcia 37-01001-22 20221436__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to training on human trafficking; 2 amending s. 16.618, F.S.; deleting an obsolete 3 provision; requiring the Florida Forensic Institute 4 for Research, Security, and Tactics to develop 5 specified training for firesafety inspectors; 6 providing that such training is eligible for 7 continuing education credits; amending s. 409.175, 8 F.S.; requiring foster parents and agency staff to 9 complete preservice and inservice training related to 10 human trafficking; reenacting s. 63.092(3)(e), F.S., 11 relating to reports to the court of intended placement 12 by an adoption entity, to incorporate the amendment 13 made to s. 409.175, F.S., in a reference thereto; 14 providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18
Section 1. Paragraph (
b) of subsection (4) of
section 19 16.618, Florida Statutes, is amended, and paragraph (
f) is added 20 to that subsection, to read: 21 16.618 Direct-support organization.— 22 (4) 23 (
b) Recognizing that this state hosts large-scale events, 24 including sporting events, concerts, and cultural events, which 25 generate significant tourism to this state, produce significant 26 economic revenue, and often are conduits for human trafficking, 27 the institute must develop training that is ready for statewide 28 dissemination by not later than October 1, 2019. 29
Florida Senate - 2022 SB 1436 37-01001-22 20221436__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. 1. Training must focus on detecting human trafficking, best 30 practices for reporting human trafficking, and the interventions 31 and treatment for survivors of human trafficking. 32 2. In developing the training, the institute shall consult 33 with law enforcement agencies, survivors of human trafficking, 34 industry representatives, tourism representatives, and other 35 interested parties.
The institute also must conduct research to 36 determine the reduction in recidivism attributable to the 37 education of the harms of human trafficking for first -time 38 offenders. 39 (
f) The institute shall develop training for firesafety 40 inspectors in the recognition and reporting of human 41 trafficking. Such training is eligible for continuing education 42 credit under s. 633.216(4). 43
Section 2. Paragraph (
e) is added to subsection (14) of 44
section 409.175, Florida Statutes, to read: 45 409.175 Licensure of family foster homes, residential 46 child-caring agencies, and child-placing agencies; public 47 records exemption. — 48 (14) 49 (e)1. In addition to any other preservice training required 50 by law, foster parents, as a condition of licensure, and agency 51 staff must successfully complete preservice training related to 52 human trafficking which must be uniform statewide and must 53 include, but need not be limited to: 54 a.
Basic information on human trafficking, such as an 55 understanding of relevant terminology, and the differences 56 between sex trafficking and labor trafficking; 57 b. Factors and knowledge on identifying children at risk of 58
Florida Senate - 2022 SB 1436 37-01001-22 20221436__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. human trafficking; and 59 c. Steps that should be taken to prevent at-risk youths 60 from becoming victims of human trafficking. 61 2. Foster parents, before licensure renewal, and agency 62 staff, during each full year of employment, must complete 63 inservice training related to human trafficking to satisfy the 64 training requirement under subparagraph (5)(b)7. 65
Section 3. For the purpose of incorporating the amendment 66 made by this act to
section 409.175, Florida Statutes, in a 67 reference thereto, paragraph (
e) of subsection (3) of
section 68 63.092, Florida Statutes, is reenacted to read: 69 63.092 Report to the court of intended placement by an 70 adoption entity; at-risk placement; preliminary study. — 71
(3) PRELIMINARY HOME STUDY. —Before placing the minor in the 72 intended adoptive home, a preliminary home study must be 73 performed by a licensed child-placing agency, a child-caring 74 agency registered under s. 409.176, a licensed professiona l, or 75 an agency described in s. 61.20(2), unless the adoptee is an 76 adult or the petitioner is a stepparent or a relative. If the 77 adoptee is an adult or the petitioner is a stepparent or a 78 relative, a preliminary home study may be required by the court 79 for good cause shown.
The department is required to perform the 80 preliminary home study only if there is no licensed child -81 placing agency, child-caring agency registered under s. 409.176, 82 licensed professional, or agency described in s. 61.20(2), in 83 the county where the prospective adoptive parents reside. The 84 preliminary home study must be made to determine the suitability 85 of the intended adoptive parents and may be completed before 86 identification of a prospective adoptive minor. If the 87
Florida Senate - 2022 SB 1436 37-01001-22 20221436__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. identified prospective adoptive minor is in the custody of the 88 department, a preliminary home study must be completed within 30 89 days after it is initiated. A favorable preliminary home study 90 is valid for 1 year after the date of its completion. Upon its 91 completion, a signed copy of the home study must be provided to 92 the intended adoptive parents who were the subject of the home 93 study.
A minor may not be placed in an intended adoptive home 94 before a favorable preliminary home study is completed unless 95 the adoptive home is also a licensed foster home under s. 96 409.175. The preliminary home study must include, at a minimum: 97 (
e) Documentation of counseling and education of the 98 intended adoptive parents on adoptive parenting, as determined 99 by the entity conducting the preliminary home stu dy. The 100 training specified in s. 409.175(14) shall only be required for 101 persons who adopt children from the department. 102 103 If the preliminary home study is favorable, a minor may be 104 placed in the home pending entry of the judgment of adoption. A 105 minor may not be placed in the home if the preliminary home 106 study is unfavorable.
If the preliminary home study is 107 unfavorable, the adoption entity may, within 20 days after 108 receipt of a copy of the written recommendation, petition the 109 court to determine the suitability of the intended adoptive 110 home. A determination as to suitability under this subsection 111 does not act as a presumption of suitability at the final 112 hearing. In determining the suitability of the intended adoptive 113 home, the court must consider the totality of the circumstances 114 in the home.
A minor may not be placed in a home in which there 115 resides any person determined by the court to be a sexual 116
Florida Senate - 2022 SB 1436 37-01001-22 20221436__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. predator as defined in s. 775.21 or to have been convicted of an 117 offense listed in s. 63.089(4)(b)2. 118