Florida Senate - 2011                       CS for CS for SB 488
       
       
       
       By the Committees on Judiciary; and Criminal Justice; and
       Senator Fasano
       
       
       
       590-04396-11                                           2011488c2
    1                        A bill to be entitled                      
    2         An act relating to sexual offenses; providing a short
    3         title; amending s. 90.404, F.S.; revising offenses
    4         that are considered “child molestation” for purposes
    5         of admitting evidence of other crimes, wrongs, or acts
    6         in a criminal case involving child molestation;
    7         providing for admission of evidence of other crimes,
    8         wrongs, or acts in cases involving a sexual offense;
    9         defining the term “sexual offense”; requiring certain
   10         property or material that is used in a criminal
   11         proceeding to remain in the care, custody, and control
   12         of the law enforcement agency, the state attorney, or
   13         the court; prohibiting the reproduction of such
   14         property or material by the defendant when specified
   15         criteria are met by the state attorney; permitting
   16         access to the materials by the defendant; amending s.
   17         395.1021, F.S.; requiring a licensed facility that
   18         provides emergency room services to arrange for the
   19         gathering of forensic medical evidence required for
   20         investigation and prosecution from a victim who has
   21         reported a sexual battery to a law enforcement agency
   22         or who requests that such evidence be gathered for a
   23         possible future report; amending s. 775.15, F.S.;
   24         providing that a prosecution for video voyeurism in
   25         violation of specified provisions may, in addition to
   26         existing time periods, be commenced within 1 year
   27         after the victim of video voyeurism obtains actual
   28         knowledge of the existence of such a recording or the
   29         recording is confiscated by a law enforcement agency,
   30         whichever occurs first; providing that dissemination
   31         of a recording before such knowledge or confiscation
   32         does not affect such a time period; amending s.
   33         794.052, F.S.; requiring a law enforcement officer to
   34         provide or arrange for transportation of a victim of
   35         sexual battery to an appropriate facility for medical
   36         treatment or forensic examination; providing for a
   37         review of a police officer’s final report by a victim
   38         and an opportunity for a statement by a victim;
   39         amending ss. 794.056 and 938.085, F.S.; requiring that
   40         an additional court cost or surcharge be assessed
   41         against a defendant who pleads guilty or nolo
   42         contendere to, or is found guilty of, regardless of
   43         adjudication, certain criminal offenses; providing for
   44         proceeds of the additional court cost or surcharge to
   45         be deposited into the Rape Crisis Program Trust Fund;
   46         reenacting s. 20.435(21)(a), F.S., relating to the
   47         Rape Crisis Program Trust Fund, to incorporate the
   48         amendment made to s. 794.056, F.S., in a reference
   49         thereto; reenacting s. 794.055(3)(b), F.S., relating
   50         to access to services for victims of sexual battery,
   51         to incorporate the amendment made to s. 938.085, F.S.,
   52         in a reference thereto; amending s. 960.003, F.S.;
   53         providing for hepatitis testing of persons charged
   54         with certain offenses; amending s. 960.198, F.S.;
   55         authorizing relocation assistance awards to certain
   56         victims of sexual violence; amending s. 1003.42, F.S.;
   57         requiring that public schools provide comprehensive
   58         health education that addresses concepts of Internet
   59         safety; amending s. 92.55, F.S.; authorizing a court
   60         to use registered service or therapy animals to aid
   61         children in giving testimony in judicial or other
   62         proceedings involving a sexual offense when
   63         appropriate; requiring the court to consider certain
   64         factors before permitting such testimony; requiring
   65         that such registered service or therapy animals be
   66         evaluated and registered according to national
   67         standards; providing an effective date.
   68  
   69  Be It Enacted by the Legislature of the State of Florida:
   70  
   71         Section 1. This act may be cited as the “Walk in Their
   72  Shoes Act.”
   73         Section 2. Subsection (2) of section 90.404, Florida
   74  Statutes, is amended to read:
   75         90.404 Character evidence; when admissible.—
   76         (2) OTHER CRIMES, WRONGS, OR ACTS.—
   77         (a) Similar fact evidence of other crimes, wrongs, or acts
   78  is admissible when relevant to prove a material fact in issue,
   79  including, but not limited to, proof of motive, opportunity,
   80  intent, preparation, plan, knowledge, identity, or absence of
   81  mistake or accident, but it is inadmissible when the evidence is
   82  relevant solely to prove bad character or propensity.
   83         (b)1. In a criminal case in which the defendant is charged
   84  with a crime involving child molestation, evidence of the
   85  defendant’s commission of other crimes, wrongs, or acts of child
   86  molestation is admissible, and may be considered for its bearing
   87  on any matter to which it is relevant.
   88         2. For the purposes of this paragraph, the term “child
   89  molestation” means conduct proscribed by s. 787.025(2)(c), s.
   90  794.011, excluding s. 794.011(10), s. 794.05, s. 796.03, s.
   91  796.035, s. 796.045, s. 800.04, s. 827.071, or s. 847.0135(5),
   92  s. 847.0145, or s. 985.701(1) when committed against a person 16
   93  years of age or younger.
   94         (c)1. In a criminal case in which the defendant is charged
   95  with a sexual offense, evidence of the defendant’s commission of
   96  other crimes, wrongs, or acts involving a sexual offense is
   97  admissible and may be considered for its bearing on any matter
   98  to which it is relevant.
   99         2. For the purposes of this paragraph, the term “sexual
  100  offense” means conduct proscribed by s. 787.025(2)(c), s.
  101  794.011, excluding s. 794.011(10), s. 794.05, s. 796.03, s.
  102  796.035, s. 796.045, s. 825.1025(2)(b), s. 827.071, s.
  103  847.0135(5), s. 847.0145, or s. 985.701(1).
  104         (d)(c)1. When the state in a criminal action intends to
  105  offer evidence of other criminal offenses under paragraph (a),
  106  or paragraph (b), or paragraph (c), no fewer than 10 days before
  107  trial, the state shall furnish to the defendant or to the
  108  defendant’s counsel a written statement of the acts or offenses
  109  it intends to offer, describing them with the particularity
  110  required of an indictment or information. No notice is required
  111  for evidence of offenses used for impeachment or on rebuttal.
  112         2. When the evidence is admitted, the court shall, if
  113  requested, charge the jury on the limited purpose for which the
  114  evidence is received and is to be considered. After the close of
  115  the evidence, the jury shall be instructed on the limited
  116  purpose for which the evidence was received and that the
  117  defendant cannot be convicted for a charge not included in the
  118  indictment or information.
  119         Section 3. Prohibition on reproduction of child
  120  pornography.—
  121         (1) In a criminal proceeding, any property or material that
  122  portrays sexual performance by a child as defined in s. 827.071,
  123  Florida Statutes, or constitutes child pornography as defined in
  124  s. 847.001, Florida Statutes, must remain secured or locked in
  125  the care, custody, and control of a law enforcement agency, the
  126  state attorney, or the court.
  127         (2) Notwithstanding any law or rule of court, a court shall
  128  deny, in a criminal proceeding, any request by the defendant to
  129  copy, photograph, duplicate, or otherwise reproduce any property
  130  or material that portrays sexual performance by a child or
  131  constitutes child pornography so long as the state attorney
  132  makes the property or material reasonably available to the
  133  defendant.
  134         (3) For purposes of this section, property or material is
  135  deemed to be reasonably available to the defendant if the state
  136  attorney provides ample opportunity at a designated facility for
  137  the inspection, viewing, and examination of the property or
  138  material that portrays sexual performance by a child or
  139  constitutes child pornography by the defendant, his or her
  140  attorney, or any individual whom the defendant uses as an expert
  141  during the discovery process or at a court proceeding.
  142         Section 4. Subsection (2) of section 395.1021, Florida
  143  Statutes, is amended to read:
  144         395.1021 Treatment of sexual assault victims.—Any licensed
  145  facility which provides emergency room services shall arrange
  146  for the rendering of appropriate medical attention and treatment
  147  of victims of sexual assault through:
  148         (2) The administration of medical examinations, tests, and
  149  analyses required by law enforcement personnel in the gathering
  150  of forensic medical evidence required for investigation and
  151  prosecution from a victim who has reported a sexual battery to a
  152  law enforcement agency or who requests that such evidence be
  153  gathered for a possible future report.
  154  
  155  Such licensed facility shall also arrange for the protection of
  156  the victim’s anonymity while complying with the laws of this
  157  state and may encourage the victim to notify law enforcement
  158  personnel and to cooperate with them in apprehending the
  159  suspect.
  160         Section 5. Subsection (17) is added to section 775.15,
  161  Florida Statutes, to read:
  162         775.15 Time limitations; general time limitations;
  163  exceptions.—
  164         (17) In addition to the time periods prescribed in this
  165  section, a prosecution for video voyeurism in violation of s.
  166  810.145 may be commenced within 1 year after the date on which
  167  the victim of video voyeurism obtains actual knowledge of the
  168  existence of such a recording or the date on which the recording
  169  is confiscated by a law enforcement agency, whichever occurs
  170  first. Any dissemination of such a recording before the victim
  171  obtains actual knowledge thereof or before its confiscation by a
  172  law enforcement agency does not affect any provision of this
  173  subsection.
  174         Section 6. Subsection (1) of section 794.052, Florida
  175  Statutes, is amended to read:
  176         794.052 Sexual battery; notification of victim’s rights and
  177  services.—
  178         (1) A law enforcement officer who investigates an alleged
  179  sexual battery shall:
  180         (a) Assist the victim in obtaining medical treatment, if
  181  medical treatment is necessary as a result of the alleged
  182  incident, a forensic examination, and advocacy and crisis
  183  intervention services from a certified rape crisis center and
  184  provide or arrange for transportation to the appropriate
  185  facility.
  186         (b) Advise the victim that he or she may contact a
  187  certified rape crisis center from which the victim may receive
  188  services.
  189         (c) Prior to submitting a final report, permit the victim
  190  to review the final report and provide a statement as to the
  191  accuracy of the final report.
  192         Section 7. Section 794.056, Florida Statutes, is amended to
  193  read:
  194         794.056 Rape Crisis Program Trust Fund.—
  195         (1) The Rape Crisis Program Trust Fund is created within
  196  the Department of Health for the purpose of providing funds for
  197  rape crisis centers in this state. Trust fund moneys shall be
  198  used exclusively for the purpose of providing services for
  199  victims of sexual assault. Funds credited to the trust fund
  200  consist of those funds collected as an additional court
  201  assessment in each case in which a defendant pleads guilty or
  202  nolo contendere to, or is found guilty of, regardless of
  203  adjudication, an offense provided defined in s. 775.21(6) and
  204  (10)(a), (b), and (g), s. 784.011, s. 784.021, s. 784.03, s.
  205  784.041, s. 784.045, s. 784.048, s. 784.07, s. 784.08, s.
  206  784.081, s. 784.082, s. 784.083, s. 784.085, s. 787.01(3), s.
  207  787.02(3), s. 787.025, s. 787.06, s. 787.07, or s. 794.011, s.
  208  794.05, s. 794.08, s. 796.03, s. 796.035, s. 796.04, s. 796.045,
  209  s. 796.05, s. 796.06, s. 796.07(2)(a)-(d) and (i), s. 800.03, s.
  210  800.04, s. 810.14, s. 810.145, s. 812.135, s. 817.025, s.
  211  825.102, s. 825.1025, s. 827.071, s. 836.10, s. 847.0133, s.
  212  847.0135(2), s. 847.0137, s. 847.0145, s. 943.0435(4)(c), (7),
  213  (8), (9)(a), (13), and (14)(c), or s. 985.701(1). Funds credited
  214  to the trust fund also shall include revenues provided by law,
  215  moneys appropriated by the Legislature, and grants from public
  216  or private entities.
  217         (2) The Department of Health shall establish by rule
  218  criteria consistent with the provisions of s. 794.055(3)(a) for
  219  distributing moneys from the trust fund to rape crisis centers.
  220         Section 8. Section 938.085, Florida Statutes, is amended to
  221  read:
  222         938.085 Additional cost to fund rape crisis centers.—In
  223  addition to any sanction imposed when a person pleads guilty or
  224  nolo contendere to, or is found guilty of, regardless of
  225  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
  226  (g), s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045,
  227  s. 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s.
  228  784.083, s. 784.085, s. 787.01(3), s. 787.02(3), 787.025, s.
  229  787.06, s. 787.07, or s. 794.011, s. 794.05, s. 794.08, s.
  230  796.03, s. 796.035, s. 796.04, s. 796.045, s. 796.05, s. 796.06,
  231  s. 796.07(2)(a)-(d) and (i), s. 800.03, s. 800.04, s. 810.14, s.
  232  810.145, s. 812.135, s. 817.025, s. 825.102, s. 825.1025, s.
  233  827.071, s. 836.10, s. 847.0133, s. 847.0135(2), s. 847.0137, s.
  234  847.0145, s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
  235  (14)(c), or s. 985.701(1), the court shall impose a surcharge of
  236  $151. Payment of the surcharge shall be a condition of
  237  probation, community control, or any other court-ordered
  238  supervision. The sum of $150 of the surcharge shall be deposited
  239  into the Rape Crisis Program Trust Fund established within the
  240  Department of Health by chapter 2003-140, Laws of Florida. The
  241  clerk of the court shall retain $1 of each surcharge that the
  242  clerk of the court collects as a service charge of the clerk’s
  243  office.
  244         Section 9. For the purpose of incorporating the amendment
  245  made by this act to section 794.056, Florida Statutes, in a
  246  reference thereto, paragraph (a) of subsection (21) of section
  247  20.435, Florida Statutes, is reenacted to read:
  248         20.435 Department of Health; trust funds.—The following
  249  trust funds shall be administered by the Department of Health:
  250         (21) Rape Crisis Program Trust Fund.
  251         (a) Funds to be credited to and uses of the trust fund
  252  shall be administered in accordance with the provisions of s.
  253  794.056.
  254         Section 10. For the purpose of incorporating the amendment
  255  made by this act to section 938.085, Florida Statutes, in a
  256  reference thereto, paragraph (b) of subsection (3) of section
  257  794.055, Florida Statutes, is reenacted to read:
  258         794.055 Access to services for victims of sexual battery.—
  259         (3)
  260         (b) Funds received under s. 938.085 shall be used to
  261  provide sexual battery recovery services to victims and their
  262  families. Funds shall be distributed to rape crisis centers
  263  based on an allocation formula that takes into account the
  264  population and rural characteristics of each county. No more
  265  than 15 percent of the funds shall be used by the statewide
  266  nonprofit association for statewide initiatives. No more than 5
  267  percent of the funds may be used by the department for
  268  administrative costs.
  269         Section 11. Section 960.003, Florida Statutes, is amended
  270  to read:
  271         960.003 Hepatitis and HIV testing for persons charged with
  272  or alleged by petition for delinquency to have committed certain
  273  offenses; disclosure of results to victims.—
  274         (1) LEGISLATIVE INTENT.—The Legislature finds that a victim
  275  of a criminal offense which involves the transmission of body
  276  fluids, or which involves certain sexual offenses in which the
  277  victim is a minor, disabled adult, or elderly person, is
  278  entitled to know at the earliest possible opportunity whether
  279  the person charged with or alleged by petition for delinquency
  280  to have committed the offense has tested positive for hepatitis
  281  or human immunodeficiency virus (HIV) infection. The Legislature
  282  finds that to deny victims access to hepatitis and HIV test
  283  results causes unnecessary mental anguish in persons who have
  284  already suffered trauma. The Legislature further finds that
  285  since medical science now recognizes that early diagnosis is a
  286  critical factor in the treatment of hepatitis and HIV infection,
  287  both the victim and the person charged with or alleged by
  288  petition for delinquency to have committed the offense benefit
  289  from prompt disclosure of hepatitis and HIV test results.
  290         (2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION
  291  FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.—
  292         (a) In any case in which a person has been charged by
  293  information or indictment with or alleged by petition for
  294  delinquency to have committed any offense enumerated in s.
  295  775.0877(1)(a)-(n), which involves the transmission of body
  296  fluids from one person to another, upon request of the victim or
  297  the victim’s legal guardian, or of the parent or legal guardian
  298  of the victim if the victim is a minor, the court shall order
  299  such person to undergo hepatitis and HIV testing within 48 hours
  300  after of the information or indictment is filed court order. In
  301  the event the victim or, if the victim is a minor, the victim’s
  302  parent or legal guardian, requests hepatitis and HIV testing
  303  after 48 hours have elapsed from the filing of the indictment or
  304  information, the testing shall be done within 48 hours after the
  305  request.
  306         (b) However, when a victim of any sexual offense enumerated
  307  in s. 775.0877(1)(a)-(n) is under the age of 18 at the time the
  308  offense was committed or when a victim of any sexual offense
  309  enumerated in s. 775.0877(1)(a)-(n) or s. 825.1025 is a disabled
  310  adult or elderly person as defined in s. 825.1025 regardless of
  311  whether the offense involves the transmission of bodily fluids
  312  from one person to another, then upon the request of the victim
  313  or the victim’s legal guardian, or of the parent or legal
  314  guardian, the court shall order such person to undergo hepatitis
  315  and HIV testing within 48 hours after of the information or
  316  indictment is filed court order. In the event the victim or, if
  317  the victim is a minor, the victim’s parent or legal guardian,
  318  requests hepatitis and HIV testing after 48 hours have elapsed
  319  from the filing of the indictment or information, the testing
  320  shall be done within 48 hours after the request. The testing
  321  shall be performed under the direction of the Department of
  322  Health in accordance with s. 381.004. The results of a hepatitis
  323  and an HIV test performed on a defendant or juvenile offender
  324  pursuant to this subsection shall not be admissible in any
  325  criminal or juvenile proceeding arising out of the alleged
  326  offense.
  327         (c) If medically appropriate, followup HIV testing shall be
  328  provided when testing has been ordered under paragraph (a) or
  329  paragraph (b). The medical propriety of followup HIV testing
  330  shall be based upon a determination by a physician and does not
  331  require an additional court order. Notification to the victim,
  332  or to the victim’s parent or legal guardian, and to the
  333  defendant of the results of each followup test shall made be as
  334  soon as practicable in accordance with this section.
  335         (3) DISCLOSURE OF RESULTS.—
  336         (a) The results of the test shall be disclosed no later
  337  than 2 weeks after the court receives such results, under the
  338  direction of the Department of Health, to the person charged
  339  with or alleged by petition for delinquency to have committed or
  340  to the person convicted of or adjudicated delinquent for any
  341  offense enumerated in s. 775.0877(1)(a)-(n), which involves the
  342  transmission of body fluids from one person to another, and,
  343  upon request, to the victim or the victim’s legal guardian, or
  344  the parent or legal guardian of the victim if the victim is a
  345  minor, and to public health agencies pursuant to s. 775.0877. If
  346  the alleged offender is a juvenile, the test results shall also
  347  be disclosed to the parent or guardian. When the victim is a
  348  victim as described in paragraph (2)(b), the test results must
  349  also be disclosed no later than 2 weeks after the court receives
  350  such results, to the person charged with or alleged by petition
  351  for delinquency to have committed or to the person convicted of
  352  or adjudicated delinquent for any offense enumerated in s.
  353  775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the
  354  offense involves the transmission of bodily fluids from one
  355  person to another, and, upon request, to the victim or the
  356  victim’s legal guardian, or the parent or legal guardian of the
  357  victim, and to public health agencies pursuant to s. 775.0877.
  358  Otherwise, hepatitis and HIV test results obtained pursuant to
  359  this section are confidential and exempt from the provisions of
  360  s. 119.07(1) and s. 24(a), Art. I of the State Constitution and
  361  shall not be disclosed to any other person except as expressly
  362  authorized by law or court order.
  363         (b) At the time that the results are disclosed to the
  364  victim or the victim’s legal guardian, or to the parent or legal
  365  guardian of a victim if the victim is a minor, the same
  366  immediate opportunity for face-to-face counseling which must be
  367  made available under s. 381.004 to those who undergo hepatitis
  368  and HIV testing shall also be afforded to the victim or the
  369  victim’s legal guardian, or to the parent or legal guardian of
  370  the victim if the victim is a minor.
  371         (4) POSTCONVICTION TESTING.—If, for any reason, the testing
  372  requested under subsection (2) has not been undertaken, then
  373  upon request of the victim or the victim’s legal guardian, or
  374  the parent or legal guardian of the victim if the victim is a
  375  minor, the court shall order the offender to undergo hepatitis
  376  and HIV testing following conviction or delinquency
  377  adjudication. The testing shall be performed under the direction
  378  of the Department of Health, and the results shall be disclosed
  379  in accordance with the provisions of subsection (3).
  380         (5) EXCEPTIONS.—The provisions of Subsections (2) and (4)
  381  do not apply if:
  382         (a) The person charged with or convicted of or alleged by
  383  petition for delinquency to have committed or been adjudicated
  384  delinquent for an offense described in subsection (2) has
  385  undergone hepatitis and HIV testing voluntarily or pursuant to
  386  procedures established in s. 381.004(3)(h)6. or s. 951.27, or
  387  any other applicable law or rule providing for hepatitis and HIV
  388  testing of criminal defendants, inmates, or juvenile offenders,
  389  subsequent to his or her arrest, conviction, or delinquency
  390  adjudication for the offense for which he or she was charged or
  391  alleged by petition for delinquency to have committed; and
  392         (b) The results of such hepatitis and HIV testing have been
  393  furnished to the victim or the victim’s legal guardian, or the
  394  parent or legal guardian of the victim if the victim is a minor.
  395         (6) TESTING DURING INCARCERATION, DETENTION, OR PLACEMENT;
  396  DISCLOSURE.—In any case in which a person convicted of or
  397  adjudicated delinquent for an offense described in subsection
  398  (2) has not been tested under subsection (2), but undergoes
  399  hepatitis and HIV testing during his or her incarceration,
  400  detention, or placement, the results of the initial hepatitis
  401  and HIV testing shall be disclosed in accordance with the
  402  provisions of subsection (3). Except as otherwise requested by
  403  the victim or the victim’s legal guardian, or the parent or
  404  guardian of the victim if the victim is a minor, if the initial
  405  test is conducted within the first year of the imprisonment,
  406  detention, or placement, the request for disclosure shall be
  407  considered a standing request for any subsequent hepatitis and
  408  HIV test results obtained within 1 year after the initial
  409  hepatitis and HIV test are performed, and need not be repeated
  410  for each test administration. Where the inmate or juvenile
  411  offender has previously been tested pursuant to subsection (2)
  412  the request for disclosure under this subsection shall be
  413  considered a standing request for subsequent hepatitis and HIV
  414  results conducted within 1 year of the test performed pursuant
  415  to subsection (2). If the hepatitis and HIV testing is performed
  416  by an agency other than the Department of Health, that agency
  417  shall be responsible for forwarding the test results to the
  418  Department of Health for disclosure in accordance with the
  419  provisions of subsection (3). This subsection shall not be
  420  limited to results of hepatitis and HIV tests administered
  421  subsequent to June 27, 1990, but shall also apply to the results
  422  of all hepatitis and HIV tests performed on inmates convicted of
  423  or juvenile offenders adjudicated delinquent for sex offenses as
  424  described in subsection (2) during their incarceration,
  425  detention, or placement prior to June 27, 1990.
  426         Section 12. Section 960.198, Florida Statutes, is amended
  427  to read:
  428         960.198 Relocation assistance for victims of domestic
  429  violence and sexual violence.—
  430         (1) Notwithstanding the criteria set forth in s. 960.13 for
  431  crime victim compensation awards, the department may award a
  432  one-time payment of up to $1,500 on any one claim and a lifetime
  433  maximum of $3,000 to a victim of domestic violence who needs
  434  immediate assistance to escape from a domestic violence
  435  environment or to a victim of sexual violence who reasonably
  436  fears for her or his safety.
  437         (2) In order for an award to be granted to a victim for
  438  relocation assistance:
  439         (a) There must be proof that a domestic violence or sexual
  440  violence offense was committed;
  441         (b) The domestic violence or sexual violence offense must
  442  be reported to the proper authorities;
  443         (c) The victim’s need for assistance must be certified by a
  444  certified domestic violence center or a certified rape crisis
  445  center in this state; and
  446         (d) The center certification must assert that the victim is
  447  cooperating with law enforcement officials, if applicable, and
  448  must include documentation that the victim has developed a
  449  safety plan.
  450         Section 13. Paragraph (n) of subsection (2) of section
  451  1003.42, Florida Statutes, is amended to read:
  452         1003.42 Required instruction.—
  453         (2) Members of the instructional staff of the public
  454  schools, subject to the rules of the State Board of Education
  455  and the district school board, shall teach efficiently and
  456  faithfully, using the books and materials required that meet the
  457  highest standards for professionalism and historic accuracy,
  458  following the prescribed courses of study, and employing
  459  approved methods of instruction, the following:
  460         (n) Comprehensive health education that addresses concepts
  461  of community health; consumer health; environmental health;
  462  family life, including an awareness of the benefits of sexual
  463  abstinence as the expected standard and the consequences of
  464  teenage pregnancy; mental and emotional health; injury
  465  prevention and safety; Internet safety; nutrition; personal
  466  health; prevention and control of disease; and substance use and
  467  abuse. The health education curriculum for students in grades 7
  468  through 12 shall include a teen dating violence and abuse
  469  component that includes, but is not limited to, the definition
  470  of dating violence and abuse, the warning signs of dating
  471  violence and abusive behavior, the characteristics of healthy
  472  relationships, measures to prevent and stop dating violence and
  473  abuse, and community resources available to victims of dating
  474  violence and abuse.
  475  
  476  The State Board of Education is encouraged to adopt standards
  477  and pursue assessment of the requirements of this subsection.
  478         Section 14. Section 92.55, Florida Statutes, is amended to
  479  read:
  480         92.55 Judicial or other proceedings involving victim or
  481  witness under the age of 16 or person with mental retardation;
  482  special protections; use of registered service or therapy
  483  animals.—
  484         (1) Upon motion of any party, upon motion of a parent,
  485  guardian, attorney, or guardian ad litem for a child under the
  486  age of 16 or person with mental retardation, or upon its own
  487  motion, the court may enter any order necessary to protect a
  488  child under the age of 16 or person with mental retardation who
  489  is a victim or witness in any judicial proceeding or other
  490  official proceeding from severe emotional or mental harm due to
  491  the presence of the defendant if the child or person with mental
  492  retardation is required to testify in open court. Such orders
  493  shall relate to the taking of testimony and shall include, but
  494  not be limited to:
  495         (a) Interviewing or the taking of depositions as part of a
  496  civil or criminal proceeding.
  497         (b) Examination and cross-examination for the purpose of
  498  qualifying as a witness or testifying in any proceeding.
  499         (c) The use of testimony taken outside of the courtroom,
  500  including proceedings under ss. 92.53 and 92.54.
  501         (2) In ruling upon the motion, the court shall take into
  502  consideration:
  503         (a) The age of the child, the nature of the offense or act,
  504  the relationship of the child to the parties in the case or to
  505  the defendant in a criminal action, the degree of emotional
  506  trauma that will result to the child as a consequence of the
  507  defendant’s presence, and any other fact that the court deems
  508  relevant; or
  509         (b) The age of the person with mental retardation, the
  510  functional capacity of the person with mental retardation, the
  511  nature of the offenses or act, the relationship of the person
  512  with mental retardation to the parties in the case or to the
  513  defendant in a criminal action, the degree of emotional trauma
  514  that will result to the person with mental retardation as a
  515  consequence of the defendant’s presence, and any other fact that
  516  the court deems relevant.
  517         (3) In addition to such other relief as is provided by law,
  518  the court may enter orders limiting the number of times that a
  519  child or person with mental retardation may be interviewed,
  520  prohibiting depositions of a child or person with mental
  521  retardation, requiring the submission of questions prior to
  522  examination of a child or person with mental retardation,
  523  setting the place and conditions for interviewing a child or
  524  person with mental retardation or for conducting any other
  525  proceeding, or permitting or prohibiting the attendance of any
  526  person at any proceeding. The court shall enter any order
  527  necessary to protect the rights of all parties, including the
  528  defendant in any criminal action.
  529         (4) The court may set any other conditions on the taking of
  530  testimony by children which it finds just and appropriate,
  531  including the use of a registered service or therapy animal in
  532  any proceeding involving a sexual offense. When deciding whether
  533  to permit a child to testify with the assistance of a registered
  534  service or therapy animal, the court shall take into
  535  consideration the age of the child, the interests of the child,
  536  the rights of the parties to the litigation, and any other
  537  relevant factor that would aid in the facilitation of testimony
  538  by the child. Each registered service or therapy animal shall be
  539  evaluated and registered according to national standards.
  540         Section 15. This act shall take effect July 1, 2011.