Human Trafficking Awareness and Reporting

About 28 minutes · s. 456.0341, s. 480.043(13), s. 456.026(2), s. 787.06, F.S.; Rule 64B7-26.0035(3)(g), F.A.C.

15.1 Why this subject is in a licensing course

Chapter 1 described how the Legislature, in recent years, responded to illicit businesses operating under the name of massage. The central concern is coercion.">forced labor or forced services, including commercial sexual exploitation.">exploitation.">human trafficking. Section 787.06(1)(a) records the Legislature's findings: human trafficking "is a form of modern-day slavery," its victims include young children, teenagers and adults, citizens and non-citizens, and they are "subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor." The statute adds that the Legislature intends perpetrators to be penalized and victims to be "protected and assisted by this state and its agencies."

The massage setting is vulnerable for a simple reason: a private room, a closed door and a business that serves paying customers can hide exploitation in plain sight. A legitimate therapist is often the person most likely to notice something wrong, and the law therefore asks every licensee to be educated, every workplace to carry a notice, and every establishment to have a plan.

This chapter teaches those three duties. The other trafficking-related rules are taught where they belong and are only mapped here: the window and dress rules, the records, the closing hours and the no-living-quarters rule (Chapter 13); government identification (Chapter 14); sexual activity (Chapter 16); the mandatory-denial offenses (Chapter 6).

15.2 A note on how to approach this subject

coercion.">forced labor or forced services, including commercial sexual exploitation.">exploitation.">Human trafficking is a serious and painful subject. Some readers of this chapter may have personal experience with exploitation, or know someone who has. The material is presented in a factual, practical way, with attention to what a therapist can lawfully and safely do.

Three principles guide the chapter.

Awareness, not accusation. The warning signs described here are indicators, and the great majority of businesses and workers who display one or two of them have innocent explanations. The point of learning them is to notice patterns and to know where to turn, not to accuse people.

Safety first. The safety of a possible victim, and of the person who notices, comes before everything else. The guidance to avoid confrontation and to report to trained responders is based on that principle.

Respect for the person. A person who may be a victim is a person, with dignity and with the right to make decisions where she is able. The goal of reporting is to connect her with people who can offer help and services, not to take control of her situation.

If at any time while studying this chapter you or someone you know needs help, the Florida Human Trafficking Hotline, 1-855-FLA-SAFE, is the number the statute names. If anyone is in immediate danger, call 911.

15.3 The crime: section 787.06

You are not expected to be a prosecutor, but you should know what the crime is.

The definition. Under s. 787.06(2)(d), "coercion.">forced labor or forced services, including commercial sexual exploitation.">exploitation.">human trafficking" means "transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person." The list of verbs is long on purpose: it reaches people at every stage, from the recruiter to the person who houses the victim to the customer who buys the service.

Related definitions. The statute defines coercion to include enticing or luring any person by fraud or deceit and providing a controlled substance (as outlined in the statute) for the purpose of exploitation, among other forms. Labor means work of economic or financial value, and services means "any act committed at the behest of, under the supervision of, or for the benefit of another." The crime therefore covers forced labor and forced services (housework, farm work, restaurant work, and so on) as well as commercial sexual exploitation.

Who commits it. Under subsection (3), the offense is committed by "any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking." Three points matter for a business:

• "Reckless disregard of the facts." A person need not have proof that someone is a trafficking victim. Deliberately ignoring obvious signs can meet the standard.
• "Benefits financially ... from participation in a venture." An owner or operator who profits from a business that is exploiting people can be liable even if others carry out the exploitation.
• A separate crime for each victim. The statute provides that "for each instance of human trafficking of any individual ... a separate crime is committed and a separate punishment is authorized."

Human trafficking and several related crimes are among the offenses that bar licensure for therapists, owners and managers (Chapters 6 and 12). The penalty levels in s. 787.06 are severe and vary with the facts; this course does not catalog them, and you should read the statute if you need them.

15.4 Myths and facts

Public ideas about trafficking are often shaped by films and rumors, and some of them are wrong in ways that make it harder to recognize real cases. Setting common myths beside the facts, as the statute and the education course describe them, helps.

The last two items deserve a comment. This course cannot promise the outcome of any particular report, and it does not give legal advice. What it can say is that the Legislature wrote the reporting requirements to encourage people to speak up, and that the responders the statute names are trained to evaluate information.

15.5 Duty one: education

Section 456.0341 applies to every person licensed under, among others, Chapter 480. Subsection (1) required each licensee to complete, by January 1, 2021, "a board-approved ... 1-hour continuing education course on coercion.">forced labor or forced services, including commercial sexual exploitation.">exploitation.">human trafficking." The course must address:

• both sex trafficking and labor trafficking;
• how to identify individuals who may be victims;
• how to report cases of human trafficking; and
• resources available to victims.

Subsection (2) provides that each board that requires the course must include its hour in the total continuing education required for the profession. That is why the Board's renewal rule counts the human trafficking hour inside the total (Chapter 9): one hour in the first renewal cycle and one hour in each later cycle. The course content requirements in this section are also the outline of the awareness material in the rest of this chapter.

15.6 Duty two: the hotline sign

Subsection (3) of s. 456.0341 requires a visible notice. By January 1, 2025, "the licensees or certificateholders shall post in their place of work in a conspicuous place accessible to employees a sign" that meets these specifications:

• Size: at least 11 inches by 15 inches.
• Type: printed in a clearly legible font and in at least 32-point type.
• Languages: "in English and Spanish."
• Content: it must "substantially" state: If you or someone you know is being forced to engage in an activity and cannot leave, whether it is prostitution, housework, farm work, factory work, retail work, restaurant work, or any other activity, call the Florida coercion.">forced labor or forced services, including commercial sexual exploitation.">exploitation.">Human Trafficking Hotline, 1-855-FLA-SAFE, to access help and services. Victims of slavery and human trafficking are protected under United States and Florida law.
• Placement: in a "conspicuous place accessible to employees." The target audience is the people who work there, so the sign belongs where they will see it, not behind a counter or in an office they cannot enter.

The Board's establishment rule repeats the point: an establishment must "conspicuously display the required human trafficking signage in compliance with Sections 456.0341(3) and 480.043(13)" (Rule 64B7-26.003(1)(e), Chapter 13). Remember too that the sign duty in s. 456.0341(3) is on the licensee at the licensee's place of work, so a therapist practicing in an exception setting (Chapter 11) must think about it as well.

15.7 Getting the sign right

Posting the sign is among the easiest duties in the Act to carry out and one of the easiest to get wrong in detail. The specifications are all in the statute, and a checklist keeps them in view.

Size. At least 11 inches by 15 inches. A standard sheet of letter paper is 8.5 by 11 inches, so a letter-size printout is too small. Order or print a larger sign.

Type. A clearly legible font in at least 32-point type. Thirty-two point is large. If you create the sign yourself, check the type size in your program, and do not shrink the text to fit.

Languages. English and Spanish. Both languages must appear. A sign that is in English only does not meet the statute, and neither does a sign in Spanish only.

Content. The sign must substantially state the message the statute prescribes, including the hotline number 1-855-FLA-SAFE. The word substantially allows small variations in wording, but the message and the number must be there. The safest course is to use the statute's wording, or an official version, and not to rewrite it.

Placement. A conspicuous place accessible to employees. Walk through your workplace as an employee would, and note where people gather, such as a break room, a hallway to the restroom or the employee entrance. A sign in a place that employees pass daily meets the purpose. Consider posting more than one sign if the establishment has several areas.

Condition. A sign that is faded, torn, partly covered or hidden behind a door is not conspicuous. Check each sign at your monthly self-inspection.

Out-call and event workers. The statute puts the sign duty on the licensee at her place of work. A therapist who works in a client's home or at an event should think about how the duty applies, and should ask the Board how it expects her to comply. At a minimum, a therapist can keep the hotline information with her and know how to share it.

Official sources. The Department and the state's coercion.">forced labor or forced services, including commercial sexual exploitation.">exploitation.">human trafficking resources provide model signs. Using an official version reduces the risk of errors.

Combining signs. The establishment has two related sign duties: the hotline sign in section 456.0341(3) and the sign with the relevant provisions of the reporting procedure in section 480.043(13). A single sign may satisfy both if it contains everything each provision requires, and if you are unsure you should ask the Board.

Keep a record. Photograph the signs in place, with the date, and file the photographs. If an inspector asks, you have evidence of when and where they were posted.

15.8 Duty three: the establishment's reporting procedure

Section 480.043(13) adds a duty specific to establishments. "By January 1, 2025, a massage establishment shall implement a procedure for reporting suspected coercion.">forced labor or forced services, including commercial sexual exploitation.">exploitation.">human trafficking to the Florida Human Trafficking Hotline, 1-855-FLA-SAFE, or to a local law enforcement agency and shall post in a conspicuous place in the establishment which is accessible to employees a sign with the relevant provisions of the reporting procedure."

Two requirements are combined: (1) a procedure that exists and is implemented, and (2) a sign that sets out the relevant provisions of that procedure, placed where employees can read it. The hotline sign in Section 15.6 and the procedure sign here address related content, and a single well-drafted sign may satisfy both if it contains everything each provision requires. If you are unsure, ask the Board.

The designated establishment manager is the person charged with making this real. Under Rule 64B7-26.0035(3)(g) (Chapter 12), the manager must ensure that:

1. the establishment has a reporting procedure for human trafficking under s. 480.043(13);
2. all massage therapists and employees working there are aware of the procedure; and
3. no sexual activity occurs in the establishment or is arranged through it, and no condoms are kept there.

The manager must also report any potential violation involving sexual misconduct or sexual activity to the Department within three days (Rule 64B7-26.0035(3)(e), Chapter 12; the substance is in Chapter 16).

15.9 Writing the establishment's procedure

The statute requires a procedure that is implemented, not merely written. A useful procedure is short, plain and used. The outline below can be adapted to any establishment. The wording of each section is a model, and each establishment should write its own.

Purpose. A single sentence: "This establishment is committed to preventing and reporting coercion.">forced labor or forced services, including commercial sexual exploitation.">exploitation.">human trafficking. This procedure applies to everyone who works here, including employees, independent contractors, lessees and volunteers."

What to watch for. A short list of indicators, taken from the education course and from this chapter. Keep it to a page. Say plainly that the indicators are signs, not proof, and that no single sign establishes that trafficking is occurring.

What to do if you suspect something. "If you believe someone is in immediate danger, call 911. If you suspect human trafficking, you may call the Florida Human Trafficking Hotline at 1-855-FLA-SAFE or your local law enforcement agency. You may also tell the manager. You are free to report directly and you will not be punished for doing so."

What not to do. "Do not confront anyone you suspect. Do not try to investigate or rescue anyone yourself. Do not discuss your suspicion with anyone who may be involved. Do not interfere with law enforcement."

Whom to tell inside the business. The name and telephone number of the designated manager, and a backup. Make clear that if the manager is the person of concern, the employee should call the hotline or law enforcement directly.

Confidentiality. "Notes and reports are kept confidential. Do not share them except with law enforcement or as the law requires."

Training. "Every new employee reviews this procedure before working. Everyone reviews it at least once a year. The manager keeps a record of each review."

Records. "The manager keeps a dated record of training and of any report made."

The sign. "The required sign is posted in these places," followed by a list.

Updating. "The manager reviews this procedure each year and after any change in the law."

After writing the procedure, do three things. First, have a person who did not write it read it and tell you what she would do if she saw a warning sign. Second, post or hand out copies. Third, hold a short training session, like the fifteen-minute session described in Chapter 14, and record it.

A final caution. A procedure that is never discussed becomes a paper exercise. Bring it up at staff meetings, ask whether anyone has questions and remind people that they may report directly without fear of retaliation.

15.10 Recognizing the signs

The statute requires the education course to teach you how to identify possible victims, and the course is where the detailed indicators are taught. The following are widely recognized warning signs from anti-trafficking training and law-enforcement guidance. They are indicators, not proof. No single sign establishes that trafficking is occurring, and people can have innocent reasons for some of them. What matters is the pattern, and the legal standard of "reckless disregard" means a pattern should not be ignored.

About the workplace:

• Workers appear to live on the premises, with bedding, personal belongings or food in back rooms.
• The business operates at unusual hours or has little real client traffic for its apparent size.
• Windows are covered so that the interior cannot be seen, or doors are kept locked from the inside.
• Cash-only dealings, unusual security measures, or an unusual amount of coming and going of men.

About the workers:

• A worker does not control their own identification, money or phone, or has no access to their own documents.
• A worker seems fearful, anxious, submissive or watched, or defers to another person for every answer.
• A worker's story is inconsistent or scripted, or the worker does not know their own address or location.
• A worker shows signs of physical abuse, malnourishment or untreated illness.
• A worker cannot come and go freely, has been told they owe a debt they can never pay off, or is moved from place to place.
• A worker is a minor. Any commercial sexual activity involving a minor is trafficking.

About the services:

• A client or worker suggests or arranges sexual services.
• Advertising or online listings suggest sexual services.
• Workers do not set their own prices, do not keep earnings, or do not choose their clients.

Compare these indicators with the rules in earlier chapters. Almost every item corresponds to a legal requirement that exists to bring that very sign into the open: the window rule responds to concealment; the prohibition on living quarters responds to workers who sleep on site; the records and photo display rules respond to unknown or changing workers; the identification rules respond to workers who do not hold their own documents; the closing hours respond to after-hours operations; the advertising rules respond to sexual-services listings. The trafficking rules are not a separate system. They are the reason many of the other rules exist.

15.11 Noticing as a therapist: what is within your reach

A therapist works close to people. She sees clients and coworkers in ordinary routines and is in a position to notice things that others do not. At the same time, her role is limited. She is not an investigator, and she may not diagnose or interrogate. The key is to notice what she can lawfully observe, to record it factually and to pass it to the people trained to act.

Notice without prying. A therapist may observe what is in plain view: how a person speaks, whether she seems fearful, who accompanies her, whether she controls her own phone and belongings. She should not question a client or coworker as if she were an investigator. If a person volunteers something, she should listen and avoid judgment.

Notice patterns, not single events. One missed answer or one anxious moment means little. A pattern across several visits or several signs, such as no control of money, constant accompaniment, scripted answers and signs of injury, is more meaningful.

Notice the environment. Workers who appear to live on the premises, unusual hours, covered windows or locked doors are signs about the workplace. They correspond to the rules in Chapter 13.

Notice yourself. Pay attention to your own discomfort. If something feels wrong and you cannot explain why, treat the feeling as information.

Know the limits of your scope. A therapist who notices signs of injury or illness on a client may refer her to appropriate medical care, as Chapter 3 teaches. She should not diagnose abuse or trafficking. She describes what she saw, such as bruising in various stages of healing, and she lets trained people interpret it.

Offer information safely. If a person asks for help, or if you think she may need it, you may share the hotline number. Do so in a way that is safe for her. Some people cannot take written information home without risk, so consider offering to let her memorize the number or write it in a place only she will see. Do not put her in a position that could make her situation worse.

Do not promise what you cannot deliver. Do not promise a person that you will rescue her or that she will be safe. Say that there are people whose job is to help, and that you can help her contact them.

Document factually. Write down the date, time, place and what you observed. Use plain words. Do not speculate about motives. Keep the notes confidential, and share them only with law enforcement or the hotline.

Take care of yourself. Noticing signs of coercion.">forced labor or forced services, including commercial sexual exploitation.">exploitation can be upsetting. Talk with a trusted person, or a counselor, and know that reporting is a service, even if you never learn what happened.

15.12 Talking with a client who discloses something

Sometimes a client or coworker says something that suggests she is in trouble. How the therapist responds in that moment matters a great deal. The following approach is based on common principles of respectful listening and safety. It is not a legal requirement, and no script fits every situation.

Stay calm and listen. Do not express shock or disbelief. Let the person speak at her own pace. Say things like, "Thank you for telling me," and "I am listening."

Believe what she says. You do not need to evaluate whether it is true. Your role is to receive information and to connect her with help.

Ask few questions. If you ask, ask open and gentle questions, such as "Would you like to tell me more?" Avoid questions that suggest blame or that press for details she does not want to share.

Respect her choices. She may not be ready to leave a situation or to contact anyone. Do not pressure her. Offer information about the hotline and let her decide.

Safety planning. If she is willing, help her think about how to contact help safely. If she is in immediate danger, call 911. If she says that someone is nearby or will be angry if she is late, take that seriously.

Do not promise secrecy you cannot keep. If you are going to report, and the circumstances call for it, be honest about it as far as is safe. Ordinary confidentiality rules protect patient information, but they allow certain disclosures, as Chapter 10 explains. If you are unsure whether a disclosure is allowed, ask the hotline or an attorney.

Document afterward. Write down what was said and what you did, as soon as you can, in plain words.

Follow your establishment's procedure. Tell the manager if appropriate, unless the manager may be involved, in which case contact the hotline or law enforcement directly.

Debrief. Tell a trusted person that you had a difficult conversation. You do not need to share details that identify the person, but you may need support.

These steps do not turn a therapist into a counselor. They help her to treat a vulnerable person with respect and to connect her with people who have the training to help.

15.13 Where the pieces fit: the system of safeguards

A recurring point in this course is that the massage laws about trafficking are not a separate system. They are a net, and each strand catches something different. The table maps the safeguards you have studied to the warning signs they address.

Seeing the net as a whole helps in two ways. First, an establishment that complies with each rule is not merely avoiding penalties. It is closing a door that coercion.">forced labor or forced services, including commercial sexual exploitation.">exploitation might use. Second, a gap in one place is a risk in all the others. An establishment that posts the sign but allows sleeping on site, or that keeps good records but holds workers' documents, undermines the whole.

The practical conclusion is that compliance should be treated as a whole. An owner who treats the rules as a set of unrelated chores may meet some and miss others. An owner who understands that they are one system will see the point of each and will be more likely to follow it.

15.14 What happens after a report

People are often hesitant to report because they do not know what will happen. This course cannot describe what any agency does in any case, and it cannot promise any outcome. It can say what the statute provides and what a reporter should expect to be asked.

The statute names the hotline and local law enforcement as the places to report suspected trafficking. It describes the hotline as a way to access help and services. The people who answer are trained to receive reports, to ask questions and to connect callers with resources.

A caller should be ready to say what she saw, when and where. She does not need to give proof. She may be asked about the location, the people involved and any immediate danger. She can tell the person on the line what she knows and what she does not.

A caller who is concerned about her own safety or privacy may ask how the hotline treats information, and may ask whether she can remain anonymous. The answer is up to the hotline, and the course does not state it.

After the report, the responders decide what to do. A caller may not learn what happens. That can be frustrating, but it does not mean the report was wasted. Reports contribute to patterns that responders can see and that a single observer cannot.

A licensee should also remember that a report to the hotline or law enforcement is separate from the manager's three-day report to the Department of potential sexual misconduct or sexual activity violations, which Chapter 16 explains. Depending on the facts, both may be needed.

If you are an owner or manager and law enforcement or an investigator contacts you after a report, be courteous and cooperative. Provide the records they request. Do not retaliate against anyone you believe made a report. Ask whether you should consult an attorney, and do so if the situation is serious.

15.15 Training your team

The education duty applies to each licensee, and the manager's duty to ensure awareness applies to everyone in the establishment. A good training program has four layers.

Layer one: the licensee's one-hour course. The statute requires a board-approved one-hour course that covers coercion.">forced labor or forced services, including commercial sexual exploitation.">exploitation.">sex trafficking and labor trafficking, how to identify possible victims, how to report cases and resources available to victims. The renewal rules count the hour. Choose an approved provider, as Chapter 9 explains.

Layer two: new-hire orientation. Before a new employee works, review the establishment's procedure, show her the posted signs and explain that she may report directly without fear of punishment. Record the date.

Layer three: yearly refreshers. Once a year, hold a short session, perhaps fifteen minutes, to review the indicators, the reporting channels and the procedure. Ask a staff member to share a scenario. Record attendance.

Layer four: practice. People remember what they practice. Walk through two or three scenarios, such as those at the end of this chapter, and ask staff what they would do. Correct misunderstandings gently.

Language and access. The sign must be in English and Spanish. Consider whether other languages are spoken in your establishment, and provide additional materials where helpful. Make sure that staff who read or speak little English can understand the procedure.

Management example. Staff notice what the manager does. A manager who takes the procedure seriously, who speaks respectfully and who welcomes questions creates a culture in which people feel safe to speak up.

No retaliation. State clearly that no one will be punished for reporting in good faith. Fear of retaliation is a major reason people stay silent.

15.16 A one-page action plan for any workplace

Because the subject is large, it helps to reduce it to a plan that fits on one page. The plan below works for an establishment, a clinic or a solo practice, with adjustments. Review it once a year.

This week. Check that the required sign is posted in the right size, type and languages, in a place employees will see. Read the establishment's reporting procedure, or write one. Confirm that the hotline number, 1-855-FLA-SAFE, is in the manager's phone and on the sign.

This month. Hold a fifteen-minute staff session. Review the indicators, the reporting channels and the rule against confrontation. Record who attended. Ask staff whether they have questions, and write down any you cannot answer so that you can find the answers.

This year. Complete your own one-hour approved course through your continuing education plan. Repeat the staff session. Audit the signs, the records, the identification practices and the operating rules from Chapter 13 as one system, asking whether any gap would let a warning sign go unseen.

Any time. If you observe a pattern of warning signs, report to the hotline or local law enforcement, call 911 if someone is in immediate danger, write down what you saw and protect your own safety. Do not confront and do not try to rescue.

Always. Treat every person with respect. Make it easy for people who work with you to ask questions and to speak up. A workplace where people feel safe to raise concerns is the best defense against coercion.">forced labor or forced services, including commercial sexual exploitation.">exploitation.

15.17 Frequently asked questions

Is the one-hour course a one-time requirement? The renewal rules in Chapter 9 count one hour of coercion.">forced labor or forced services, including commercial sexual exploitation.">exploitation.">human trafficking awareness in the first cycle and one hour in each later cycle. Check the current rule when you plan your continuing education.

Does the sign requirement apply if I work alone in my own establishment? The statute requires the licensee to post the sign in her place of work in a conspicuous place accessible to employees. The establishment's reporting procedure and sign requirement applies to establishments. If you work alone, ask the Board how the requirement applies, and consider posting the sign in any case.

May I tell a client about the hotline? Yes, you may share information about the hotline in a way that is respectful and safe. The sign itself is a public statement of the number.

What if I report and I am wrong? The statute directs people to report suspected trafficking, and it describes the hotline as a way to access help. If you are worried about the consequences of a report, ask the hotline how it handles reports, or consult an attorney. Do not stay silent because you fear being mistaken.

What if my employer asks me not to report? The establishment's procedure should state that employees may report directly. An employer who tells staff not to report, or who punishes someone for reporting, creates serious problems. Seek help from the hotline, law enforcement or an attorney.

Is a customer who buys sexual services in a massage establishment committing a crime? The trafficking statute includes the verbs purchasing and patronizing, and sexual activity in an establishment is prohibited under the provisions you will study in Chapter 16. This course does not describe every crime that might apply. Report what you observe.

Can I report anonymously? The hotline decides how it handles information. Ask when you call.

15.18 More scenarios to practice

Scenario F: The new receptionist. A new receptionist at an establishment is never seen outside the building. She sleeps in the back, does not have a phone and says she owes her boss money for her travel. A therapist at the same establishment notices. What should she do?

Discussion. The facts match several indicators: living on the premises, no control of a phone, a debt she cannot repay and no freedom of movement. The therapist should not confront the boss or try to remove the receptionist. She should contact the hotline or local law enforcement, call 911 if she believes the receptionist is in immediate danger, and write down what she has observed. The living-quarters rule is also being violated.

Scenario G: The sign in the wrong language. An establishment posts a hotline sign in English only, in 24-point type, on a sheet of letter-size paper in the reception area. Does it comply?

Discussion. No. The sign must be at least 11 by 15 inches, in at least 32-point type and in English and Spanish, and must be in a place accessible to employees. The owner should replace it with a compliant sign and consider placing a second sign in the employee area. She should record the date and photograph the sign in place.

Scenario H: The client who whispers. A client, during a session, says quietly that her boyfriend takes all her money and will be angry if she is late. She asks if she can use the therapist's phone. What should the therapist do?

Discussion. She should stay calm, listen and let the client lead. If the client wants to make a call, she may allow it in a safe and private way. She should offer the hotline number, 1-855-FLA-SAFE, and, if the client is in immediate danger, call 911. She should not promise outcomes, should not pressure the client and should document what happened afterward in plain words. Her notes should be confidential.

Scenario I: The manager who is the problem. A therapist suspects that her manager is involved in exploiting a coworker. The establishment's procedure tells employees to report to the manager. What should she do?

Discussion. The statute allows reporting to the hotline or to local law enforcement. She is not required to tell the manager, and in these circumstances she should not. She should contact the hotline or law enforcement directly, write down what she saw and keep her notes private. She should also think about her own safety. A good procedure states that employees may report directly, and the establishment should fix its procedure.

Scenario J: The owner who trains once. An owner shows a new hire the sign on her first day but never explains the procedure. A year later, an inspector asks the employee what she would do if she suspected trafficking. She does not know. What is the problem?

Discussion. The manager must ensure that all therapists and employees are aware of the procedure. Showing the sign does not satisfy the duty if no one explained the procedure. The establishment should hold training, record it and repeat it every year. An employee who does not know what to do may fail to act when it matters.

Chapter summary

The massage laws pay special attention to coercion.">forced labor or forced services, including commercial sexual exploitation.">exploitation.">human trafficking because a private room and a business serving paying customers can hide exploitation in plain sight. Section 787.06 records the Legislature's findings that trafficking is a form of modern-day slavery, defines it as transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring or obtaining another person for exploitation and reaches those who act knowingly or in reckless disregard of the facts and those who benefit financially from participation in a venture that has subjected a person to trafficking. A separate crime is committed for each victim.

Three duties follow. Education: section 456.0341 requires licensees to complete a board-approved one-hour course covering sex and labor trafficking, identification of victims, reporting and resources, and boards must count the hour in continuing education. Signage: licensees must post a sign of at least 11 by 15 inches, in at least 32-point type, in English and Spanish, with the hotline number 1-855-FLA-SAFE, in a conspicuous place accessible to employees. Procedure: an establishment must implement a procedure for reporting suspected trafficking to the hotline or local law enforcement and post a sign with the relevant provisions, and the designated manager must ensure that the procedure exists, that all therapists and employees are aware of it and that no sexual activity occurs or is arranged at the establishment.

Warning signs include living on the premises, unusual hours, concealed windows, workers without access to their own documents, fear or scripted answers, debt that cannot be repaid, lack of freedom of movement and indications of sexual services. They are indicators and not proof, and a pattern should not be ignored. To report, call the hotline or local law enforcement, and call 911 in immediate danger. Do not confront or try to rescue, write down what you saw and know your establishment's procedure. A sound procedure covers whom it applies to, what to watch for, where to report, whom inside the business to tell, what not to do, confidentiality, training, signage and records. The operating rules of earlier chapters form one system that responds to these warning signs.