January 2022

State Updates

 

Florida requirements on human trafficking take effect

02/04/21

Author: ADP Admin/Tuesday, February 2, 2021/Categories: Compliance Corner , State Compliance Update, Florida

In 2019, Florida enacted legislation that requires certain businesses in Florida to provide training on human trafficking and/or post a sign on human trafficking. Many of these requirements took effect on January 1, 2021.

Healthcare Professionals:

By January 1, 2021, healthcare professionals licensed or certified by certain boards (see below) must complete a board-approved, or department-approved if there is no board, one-hour continuing education course on human trafficking. The course must address both sex trafficking and labor trafficking, how to identify individuals who may be victims of human trafficking, how to report cases of human trafficking, and resources available to victims. This requirement applies to each person licensed or certified by the following boards:

  • Acupuncture,
  • Medicine,
  • Osteopathic Medicine,
  • Chiropractic Medicine,
  • Podiatric Medicine,
  • Optometry,
  • Pharmacy,
  • Dentistry,
  • Nursing Home Administration,
  • Occupational Therapy,
  • Dietetics and Nutrition,
  • Respiratory Care,
  • Massage Therapy, and
  • Physical Therapy.

By January 1, 2021, the licensees or certificate holders must also post in a conspicuous place in the workplace a human tracking notice at least 11 inches by 15 inches in size. The notice must be in English and Spanish and any other language predominantly spoken by employees. A sample notice is available here.

Massage Establishments:

By January 1, 2021, massage establishments are required to implement a procedure for reporting suspected human trafficking and post in a conspicuous place a sign with the relevant provisions of the reporting procedure.

Public Lodging Establishments:

Public lodging establishments must provide annual training on human trafficking awareness to employees who perform housekeeping duties or who work at the front desk or reception area where guests ordinarily check in or check out.

The training required must be submitted to and approved by the Department of Business and Professional Regulation and include all of the following:

  • The definition of human trafficking and the difference between the two forms of human trafficking: sex trafficking and labor trafficking.
  • Guidance specific to the public lodging sector concerning how to identify individuals who may be victims of human trafficking.
  • Guidance concerning the employee's role in reporting and responding to suspected human trafficking.

The training must be provided to new employees within 60 days after they begin their employment in that role, or by January 1, 2021, whichever occurs later. Each employee must submit to the employer a signed and dated acknowledgment of having received the training, which the establishment must provide to the Department of Business and Professional Regulation upon request.

By January 1, 2021, public lodging establishments must also:

  • Implement a procedure for the reporting of suspected human trafficking to the National Human Trafficking Hotline or to a local law enforcement agency.
  • Post in a conspicuous location a human trafficking public awareness sign at least 11 inches by 15 inches in size. The notice must be posted in English and Spanish and any other language predominantly spoken by employees. A sample notice is available here.

Compliance Recommendations:

Covered employers should ensure compliance with the applicable human trafficking requirements. Please contact your dedicated service professional with any questions.

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Tags: 02/04/21

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