CS/HB 251

1
A bill to be entitled
2An act relating to sexual offenses; providing a short
3title; amending s. 90.404, F.S.; revising offenses that are
4considered "child molestation" for purposes of admitting
5evidence of other crimes, wrongs, or acts in a criminal
6case involving child molestation; providing for admission
7of evidence of other crimes, wrongs, or acts in cases
8involving a sexual offense; defining the term "sexual
9offense"; requiring certain property or material that is
10used in a criminal proceeding to remain in the care,
11custody, and control of the law enforcement agency, the
12state attorney, or the court; prohibiting the reproduction
13of such property or material by the defendant when
14specified criteria are met by the state attorney;
15permitting access to the materials by the defendant;
16amending s. 395.1021, F.S.; requiring a licensed facility
17that provides emergency room services to arrange for the
18gathering of forensic medical evidence required for
19investigation and prosecution from a victim who has
20reported a sexual battery to a law enforcement agency or
21who requests that such evidence be gathered for a possible
22future report; amending s. 775.15, F.S.; providing that a
23prosecution for video voyeurism in violation of specified
24provisions may, in addition to existing time periods, be
25commenced within 1 year after the victim of video voyeurism
26obtains actual knowledge of the existence of such a
27recording or the recording is confiscated by a law
28enforcement agency, whichever occurs first; providing that
29dissemination of a recording before such knowledge or
30confiscation does not affect such a time period; amending
31s. 794.052, F.S.; requiring a law enforcement officer to
32provide or arrange for transportation of a victim of sexual
33battery to an appropriate facility for medical treatment or
34forensic examination; providing for a review of a police
35officer's final report by a victim and an opportunity for a
36statement by a victim; amending ss. 794.056 and 938.085,
37F.S.; requiring that an additional court cost or surcharge
38be assessed against a defendant who pleads guilty or nolo
39contendere to, or is found guilty of, regardless of
40adjudication, certain criminal offenses; providing for
41proceeds of the additional court cost or surcharge to be
42deposited into the Rape Crisis Program Trust Fund;
43reenacting s. 20.435(21)(a), F.S., relating to the Rape
44Crisis Program Trust Fund, to incorporate the amendment
45made to s. 794.056, F.S., in a reference thereto;
46reenacting s. 794.055(3)(b), F.S., relating to access to
47services for victims of sexual battery, to incorporate the
48amendment made to s. 938.085, F.S., in a reference thereto;
49amending s. 960.003, F.S.; providing for hepatitis testing
50of persons charged with certain offenses; amending s.
51960.198, F.S.; authorizing relocation assistance awards to
52certain victims of sexual violence; amending s. 1003.42,
53F.S.; requiring that public schools provide comprehensive
54health education that addresses concepts of Internet
55safety; providing an effective date.
56
57Be It Enacted by the Legislature of the State of Florida:
58
59     Section 1.  This act may be cited as the "Walk in Their
60Shoes Act."
61     Section 2.  Subsection (2) of section 90.404, Florida
62Statutes, is amended to read:
63     90.404  Character evidence; when admissible.-
64     (2)  OTHER CRIMES, WRONGS, OR ACTS.-
65     (a)  Similar fact evidence of other crimes, wrongs, or acts
66is admissible when relevant to prove a material fact in issue,
67including, but not limited to, proof of motive, opportunity,
68intent, preparation, plan, knowledge, identity, or absence of
69mistake or accident, but it is inadmissible when the evidence is
70relevant solely to prove bad character or propensity.
71     (b)1.  In a criminal case in which the defendant is charged
72with a crime involving child molestation, evidence of the
73defendant's commission of other crimes, wrongs, or acts of child
74molestation is admissible, and may be considered for its bearing
75on any matter to which it is relevant.
76     2.  For the purposes of this paragraph, the term "child
77molestation" means conduct proscribed by s. 787.025(2)(c), s.
78794.011, excluding s. 794.011(10), s. 794.05, s. 796.03, s.
79796.035, s. 796.045, s. 800.04, s. 827.071, or s. 847.0135(5),
80s. 847.0145, or s. 985.701(1) when committed against a person 16
81years of age or younger.
82     (c)1.  In a criminal case in which the defendant is charged
83with a sexual offense, evidence of the defendant's commission of
84other crimes, wrongs, or acts involving a sexual offense is
85admissible and may be considered for its bearing on any matter
86to which it is relevant.
87     2.  For the purposes of this paragraph, the term "sexual
88offense" means conduct proscribed by s. 787.025(2)(c), s.
89794.011, excluding s. 794.011(10), s. 794.05, s. 796.03, s.
90796.035, s. 796.045, s. 825.1025(2)(b), s. 827.071, s.
91847.0135(5), s. 847.0145, or s. 985.701(1).
92     (d)(c)1.  When the state in a criminal action intends to
93offer evidence of other criminal offenses under paragraph (a),
94or paragraph (b), or paragraph (c), no fewer than 10 days before
95trial, the state shall furnish to the defendant or to the
96defendant's counsel a written statement of the acts or offenses
97it intends to offer, describing them with the particularity
98required of an indictment or information. No notice is required
99for evidence of offenses used for impeachment or on rebuttal.
100     2.  When the evidence is admitted, the court shall, if
101requested, charge the jury on the limited purpose for which the
102evidence is received and is to be considered. After the close of
103the evidence, the jury shall be instructed on the limited
104purpose for which the evidence was received and that the
105defendant cannot be convicted for a charge not included in the
106indictment or information.
107     Section 3.  Prohibition on reproduction of child
108pornography.-
109     (1)  In a criminal proceeding, any property or material
110that portrays sexual performance by a child as defined in s.
111827.071, Florida Statutes, or constitutes child pornography as
112defined in s. 847.001, Florida Statutes, must remain secured or
113locked in the care, custody, and control of a law enforcement
114agency, the state attorney, or the court.
115     (2)  Notwithstanding any law or rule of court, a court
116shall deny, in a criminal proceeding, any request by the
117defendant to copy, photograph, duplicate, or otherwise reproduce
118any property or material that portrays sexual performance by a
119child or constitutes child pornography so long as the state
120attorney makes the property or material reasonably available to
121the defendant.
122     (3)  For purposes of this section, property or material is
123deemed to be reasonably available to the defendant if the state
124attorney provides ample opportunity at a designated facility for
125the inspection, viewing, and examination of the property or
126material that portrays sexual performance by a child or
127constitutes child pornography by the defendant, his or her
128attorney, or any individual whom the defendant uses as an expert
129during the discovery process or at a court proceeding.
130     Section 4.  Subsection (2) of section 395.1021, Florida
131Statutes, is amended to read:
132     395.1021  Treatment of sexual assault victims.-Any licensed
133facility which provides emergency room services shall arrange
134for the rendering of appropriate medical attention and treatment
135of victims of sexual assault through:
136     (2)  The administration of medical examinations, tests, and
137analyses required by law enforcement personnel in the gathering
138of forensic medical evidence required for investigation and
139prosecution from a victim who has reported a sexual battery to a
140law enforcement agency or who requests that such evidence be
141gathered for a possible future report.
142
143Such licensed facility shall also arrange for the protection of
144the victim's anonymity while complying with the laws of this
145state and may encourage the victim to notify law enforcement
146personnel and to cooperate with them in apprehending the
147suspect.
148     Section 5.  Subsection (17) is added to section 775.15,
149Florida Statutes, to read:
150     775.15  Time limitations; general time limitations;
151exceptions.-
152     (17)  In addition to the time periods prescribed in this
153section, a prosecution for video voyeurism in violation of s.
154810.145 may be commenced within 1 year after the date on which
155the victim of video voyeurism obtains actual knowledge of the
156existence of such a recording or the date on which the recording
157is confiscated by a law enforcement agency, whichever occurs
158first. Any dissemination of such a recording before the victim
159obtains actual knowledge thereof or before its confiscation by a
160law enforcement agency does not affect any provision of this
161subsection.
162     Section 6.  Subsection (1) of section 794.052, Florida
163Statutes, is amended to read:
164     794.052  Sexual battery; notification of victim's rights
165and services.-
166     (1)  A law enforcement officer who investigates an alleged
167sexual battery shall:
168     (a)  Assist the victim in obtaining medical treatment, if
169medical treatment is necessary as a result of the alleged
170incident, a forensic examination, and advocacy and crisis-
171intervention services from a certified rape crisis center and
172provide or arrange for transportation to the appropriate
173facility.
174     (b)  Advise the victim that he or she may contact a
175certified rape crisis center from which the victim may receive
176services.
177     (c)  Prior to submitting a final report, permit the victim
178to review the final report and provide a statement as to the
179accuracy of the final report.
180     Section 7.  Section 794.056, Florida Statutes, is amended
181to read:
182     794.056  Rape Crisis Program Trust Fund.-
183     (1)  The Rape Crisis Program Trust Fund is created within
184the Department of Health for the purpose of providing funds for
185rape crisis centers in this state. Trust fund moneys shall be
186used exclusively for the purpose of providing services for
187victims of sexual assault. Funds credited to the trust fund
188consist of those funds collected as an additional court
189assessment in each case in which a defendant pleads guilty or
190nolo contendere to, or is found guilty of, regardless of
191adjudication, an offense provided defined in s. 775.21(6) and
192(10)(a), (b), and (g), s. 784.011, s. 784.021, s. 784.03, s.
193784.041, s. 784.045, s. 784.048, s. 784.07, s. 784.08, s.
194784.081, s. 784.082, s. 784.083, s. 784.085, s. 787.01(3), s.
195787.02(3), s. 787.025, s. 787.06, s. 787.07, or s. 794.011, s.
196794.05, s. 794.08, s. 796.03, s. 796.035, s. 796.04, s. 796.045,
197s. 796.05, s. 796.06, s. 796.07(2)(a)-(d) and (i), s. 800.03, s.
198800.04, s. 810.14, s. 810.145, s. 812.135, s. 817.025, s.
199825.102, s. 825.1025, s. 827.071, s. 836.10, s. 847.0133, s.
200847.0135(2), s. 847.0137, s. 847.0145, s. 943.0435(4)(c), (7),
201(8), (9)(a), (13), and (14)(c), or s. 985.701(1). Funds credited
202to the trust fund also shall include revenues provided by law,
203moneys appropriated by the Legislature, and grants from public
204or private entities.
205     (2)  The Department of Health shall establish by rule
206criteria consistent with the provisions of s. 794.055(3)(a) for
207distributing moneys from the trust fund to rape crisis centers.
208     Section 8.  Section 938.085, Florida Statutes, is amended
209to read:
210     938.085  Additional cost to fund rape crisis centers.-In
211addition to any sanction imposed when a person pleads guilty or
212nolo contendere to, or is found guilty of, regardless of
213adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
214(g), s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045,
215s. 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s.
216784.083, s. 784.085, s. 787.01(3), s. 787.02(3), 787.025, s.
217787.06, s. 787.07, or s. 794.011, s. 794.05, s. 794.08, s.
218796.03, s. 796.035, s. 796.04, s. 796.045, s. 796.05, s. 796.06,
219s. 796.07(2)(a)-(d) and (i), s. 800.03, s. 800.04, s. 810.14, s.
220810.145, s. 812.135, s. 817.025, s. 825.102, s. 825.1025, s.
221827.071, s. 836.10, s. 847.0133, s. 847.0135(2), s. 847.0137, s.
222847.0145, s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
223(14)(c), or s. 985.701(1), the court shall impose a surcharge of
224$151. Payment of the surcharge shall be a condition of
225probation, community control, or any other court-ordered
226supervision. The sum of $150 of the surcharge shall be deposited
227into the Rape Crisis Program Trust Fund established within the
228Department of Health by chapter 2003-140, Laws of Florida. The
229clerk of the court shall retain $1 of each surcharge that the
230clerk of the court collects as a service charge of the clerk's
231office.
232     Section 9.  For the purpose of incorporating the amendment
233made by this act to section 794.056, Florida Statutes, in a
234reference thereto, paragraph (a) of subsection (21) of section
23520.435, Florida Statutes, is reenacted to read:
236     20.435  Department of Health; trust funds.-The following
237trust funds shall be administered by the Department of Health:
238     (21)  Rape Crisis Program Trust Fund.
239     (a)  Funds to be credited to and uses of the trust fund
240shall be administered in accordance with the provisions of s.
241794.056.
242     Section 10.  For the purpose of incorporating the amendment
243made by this act to section 938.085, Florida Statutes, in a
244reference thereto, paragraph (b) of subsection (3) of section
245794.055, Florida Statutes, is reenacted to read:
246     794.055  Access to services for victims of sexual battery.-
247     (3)
248     (b)  Funds received under s. 938.085 shall be used to
249provide sexual battery recovery services to victims and their
250families. Funds shall be distributed to rape crisis centers
251based on an allocation formula that takes into account the
252population and rural characteristics of each county. No more
253than 15 percent of the funds shall be used by the statewide
254nonprofit association for statewide initiatives. No more than 5
255percent of the funds may be used by the department for
256administrative costs.
257     Section 11.  Section 960.003, Florida Statutes, is amended
258to read:
259     960.003  Hepatitis and HIV testing for persons charged with
260or alleged by petition for delinquency to have committed certain
261offenses; disclosure of results to victims.-
262     (1)  LEGISLATIVE INTENT.-The Legislature finds that a
263victim of a criminal offense which involves the transmission of
264body fluids, or which involves certain sexual offenses in which
265the victim is a minor, disabled adult, or elderly person, is
266entitled to know at the earliest possible opportunity whether
267the person charged with or alleged by petition for delinquency
268to have committed the offense has tested positive for hepatitis
269or human immunodeficiency virus (HIV) infection. The Legislature
270finds that to deny victims access to hepatitis and HIV test
271results causes unnecessary mental anguish in persons who have
272already suffered trauma. The Legislature further finds that
273since medical science now recognizes that early diagnosis is a
274critical factor in the treatment of hepatitis and HIV infection,
275both the victim and the person charged with or alleged by
276petition for delinquency to have committed the offense benefit
277from prompt disclosure of hepatitis and HIV test results.
278     (2)  TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION
279FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.-
280     (a)  In any case in which a person has been charged by
281information or indictment with or alleged by petition for
282delinquency to have committed any offense enumerated in s.
283775.0877(1)(a)-(n), which involves the transmission of body
284fluids from one person to another, upon request of the victim or
285the victim's legal guardian, or of the parent or legal guardian
286of the victim if the victim is a minor, the court shall order
287such person to undergo hepatitis and HIV testing within 48 hours
288after of the information or indictment is filed court order. In
289the event the victim or, if the victim is a minor, the victim's
290parent or legal guardian, requests hepatitis and HIV testing
291after 48 hours have elapsed from the filing of the indictment or
292information, the testing shall be done within 48 hours after the  
293request.
294     (b)  However, when a victim of any sexual offense
295enumerated in s. 775.0877(1)(a)-(n) is under the age of 18 at
296the time the offense was committed or when a victim of any
297sexual offense enumerated in s. 775.0877(1)(a)-(n) or s.
298825.1025 is a disabled adult or elderly person as defined in s.
299825.1025 regardless of whether the offense involves the
300transmission of bodily fluids from one person to another, then
301upon the request of the victim or the victim's legal guardian,
302or of the parent or legal guardian, the court shall order such
303person to undergo hepatitis and HIV testing within 48 hours
304after of the information or indictment is filed court order. In
305the event the victim or, if the victim is a minor, the victim's
306parent or legal guardian, requests hepatitis and HIV testing
307after 48 hours have elapsed from the filing of the indictment or
308information, the testing shall be done within 48 hours after the  
309request. The testing shall be performed under the direction of
310the Department of Health in accordance with s. 381.004. The
311results of a hepatitis and an HIV test performed on a defendant
312or juvenile offender pursuant to this subsection shall not be
313admissible in any criminal or juvenile proceeding arising out of
314the alleged offense.
315     (c)  If medically appropriate, followup HIV testing shall
316be provided when testing has been ordered under paragraph (a) or
317paragraph (b). The medical propriety of followup HIV testing
318shall be based upon a determination by a physician and does not
319require an additional court order. Notification to the victim,
320or to the victim's parent or legal guardian, and to the
321defendant of the results of each followup test shall made be as
322soon as practicable in accordance with this section.
323     (3)  DISCLOSURE OF RESULTS.-
324     (a)  The results of the test shall be disclosed no later
325than 2 weeks after the court receives such results, under the
326direction of the Department of Health, to the person charged
327with or alleged by petition for delinquency to have committed or
328to the person convicted of or adjudicated delinquent for any
329offense enumerated in s. 775.0877(1)(a)-(n), which involves the
330transmission of body fluids from one person to another, and,
331upon request, to the victim or the victim's legal guardian, or
332the parent or legal guardian of the victim if the victim is a
333minor, and to public health agencies pursuant to s. 775.0877. If
334the alleged offender is a juvenile, the test results shall also
335be disclosed to the parent or guardian. When the victim is a
336victim as described in paragraph (2)(b), the test results must
337also be disclosed no later than 2 weeks after the court receives
338such results, to the person charged with or alleged by petition
339for delinquency to have committed or to the person convicted of
340or adjudicated delinquent for any offense enumerated in s.
341775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the
342offense involves the transmission of bodily fluids from one
343person to another, and, upon request, to the victim or the
344victim's legal guardian, or the parent or legal guardian of the
345victim, and to public health agencies pursuant to s. 775.0877.
346Otherwise, hepatitis and HIV test results obtained pursuant to
347this section are confidential and exempt from the provisions of
348s. 119.07(1) and s. 24(a), Art. I of the State Constitution and
349shall not be disclosed to any other person except as expressly
350authorized by law or court order.
351     (b)  At the time that the results are disclosed to the
352victim or the victim's legal guardian, or to the parent or legal
353guardian of a victim if the victim is a minor, the same
354immediate opportunity for face-to-face counseling which must be
355made available under s. 381.004 to those who undergo hepatitis
356and HIV testing shall also be afforded to the victim or the
357victim's legal guardian, or to the parent or legal guardian of
358the victim if the victim is a minor.
359     (4)  POSTCONVICTION TESTING.-If, for any reason, the
360testing requested under subsection (2) has not been undertaken,
361then upon request of the victim or the victim's legal guardian,
362or the parent or legal guardian of the victim if the victim is a
363minor, the court shall order the offender to undergo hepatitis
364and HIV testing following conviction or delinquency
365adjudication. The testing shall be performed under the direction
366of the Department of Health, and the results shall be disclosed
367in accordance with the provisions of subsection (3).
368     (5)  EXCEPTIONS.-The provisions of Subsections (2) and (4)
369do not apply if:
370     (a)  The person charged with or convicted of or alleged by
371petition for delinquency to have committed or been adjudicated
372delinquent for an offense described in subsection (2) has
373undergone hepatitis and HIV testing voluntarily or pursuant to
374procedures established in s. 381.004(3)(h)6. or s. 951.27, or
375any other applicable law or rule providing for hepatitis and HIV
376testing of criminal defendants, inmates, or juvenile offenders,
377subsequent to his or her arrest, conviction, or delinquency
378adjudication for the offense for which he or she was charged or
379alleged by petition for delinquency to have committed; and
380     (b)  The results of such hepatitis and HIV testing have  
381been furnished to the victim or the victim's legal guardian, or
382the parent or legal guardian of the victim if the victim is a
383minor.
384     (6)  TESTING DURING INCARCERATION, DETENTION, OR PLACEMENT;
385DISCLOSURE.-In any case in which a person convicted of or
386adjudicated delinquent for an offense described in subsection
387(2) has not been tested under subsection (2), but undergoes
388hepatitis and HIV testing during his or her incarceration,  
389detention, or placement, the results of the initial hepatitis
390and HIV testing shall be disclosed in accordance with the  
391provisions of subsection (3). Except as otherwise requested by
392the victim or the victim's legal guardian, or the parent or
393guardian of the victim if the victim is a minor, if the initial
394test is conducted within the first year of the imprisonment,
395detention, or placement, the request for disclosure shall be
396considered a standing request for any subsequent hepatitis and
397HIV test results obtained within 1 year after the initial
398hepatitis and HIV test are performed, and need not be repeated
399for each test administration. Where the inmate or juvenile
400offender has previously been tested pursuant to subsection (2)
401the request for disclosure under this subsection shall be
402considered a standing request for subsequent hepatitis and HIV
403results conducted within 1 year of the test performed pursuant
404to subsection (2). If the hepatitis and HIV testing is performed
405by an agency other than the Department of Health, that agency
406shall be responsible for forwarding the test results to the
407Department of Health for disclosure in accordance with the
408provisions of subsection (3). This subsection shall not be
409limited to results of hepatitis and HIV tests administered
410subsequent to June 27, 1990, but shall also apply to the results
411of all hepatitis and HIV tests performed on inmates convicted of
412or juvenile offenders adjudicated delinquent for sex offenses as
413described in subsection (2) during their incarceration,  
414detention, or placement prior to June 27, 1990.     
415     Section 12.  Section 960.198, Florida Statutes, is amended
416to read:
417     960.198  Relocation assistance for victims of domestic
418violence and sexual violence.-
419     (1)  Notwithstanding the criteria set forth in s. 960.13
420for crime victim compensation awards, the department may award a
421one-time payment of up to $1,500 on any one claim and a lifetime
422maximum of $3,000 to a victim of domestic violence who needs
423immediate assistance to escape from a domestic violence
424environment or to a victim of sexual violence who reasonably
425fears for her or his safety.
426     (2)  In order for an award to be granted to a victim for
427relocation assistance:
428     (a)  There must be proof that a domestic violence or sexual
429violence offense was committed;
430     (b)  The domestic violence or sexual violence offense must
431be reported to the proper authorities;
432     (c)  The victim's need for assistance must be certified by
433a certified domestic violence center or a certified rape crisis
434center in this state; and
435     (d)  The center certification must assert that the victim
436is cooperating with law enforcement officials, if applicable,
437and must include documentation that the victim has developed a
438safety plan.
439     Section 13.  Paragraph (n) of subsection (2) of section
4401003.42, Florida Statutes, is amended to read:
441     1003.42  Required instruction.-
442     (2)  Members of the instructional staff of the public
443schools, subject to the rules of the State Board of Education
444and the district school board, shall teach efficiently and
445faithfully, using the books and materials required that meet the
446highest standards for professionalism and historic accuracy,
447following the prescribed courses of study, and employing
448approved methods of instruction, the following:
449     (n)  Comprehensive health education that addresses concepts
450of community health; consumer health; environmental health;
451family life, including an awareness of the benefits of sexual
452abstinence as the expected standard and the consequences of
453teenage pregnancy; mental and emotional health; injury
454prevention and safety; Internet safety; nutrition; personal
455health; prevention and control of disease; and substance use and
456abuse. The health education curriculum for students in grades 7
457through 12 shall include a teen dating violence and abuse
458component that includes, but is not limited to, the definition
459of dating violence and abuse, the warning signs of dating
460violence and abusive behavior, the characteristics of healthy
461relationships, measures to prevent and stop dating violence and
462abuse, and community resources available to victims of dating
463violence and abuse.
464
465The State Board of Education is encouraged to adopt standards
466and pursue assessment of the requirements of this subsection.
467     Section 14.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.