Florida Senate - 2011                                     SB 488
       
       
       
       By Senator Fasano
       
       
       
       
       11-00452C-11                                           2011488__
    1                        A bill to be entitled                      
    2         An act relating to sexual offenses; amending s.
    3         90.404, F.S.; permitting admission of evidence of the
    4         defendant’s commission of other crimes of a sexual
    5         nature in a criminal case in which the defendant is
    6         charged with a crime of a sexual nature; defining the
    7         term “crime of a sexual nature”; requiring that any
    8         property or material that constitutes child
    9         pornography and that is used in a criminal proceeding
   10         remain in the care, custody, and control of the law
   11         enforcement agency, state attorney, or court;
   12         permitting access to the materials by the defendant;
   13         amending s. 395.1021, F.S.; requiring a licensed
   14         facility that provides emergency room services to
   15         arrange for the gathering of forensic medical evidence
   16         required for an investigation and prosecution from a
   17         victim who has reported a sexual battery to a law
   18         enforcement agency or who requests that such evidence
   19         be gathered for a possible future report; amending s.
   20         775.15, F.S.; providing that a prosecution for video
   21         voyeurism in violation of specified provisions may be
   22         commenced within 1 year after the victim of video
   23         voyeurism obtains actual knowledge of the existence of
   24         such a recording or the recording is confiscated by a
   25         law enforcement agency, whichever occurs first;
   26         providing that dissemination of a recording before
   27         such knowledge or confiscation does not affect such a
   28         time period; amending ss. 794.056 and 938.085, F.S.;
   29         requiring that an additional court cost or surcharge
   30         be assessed against a defendant who pleads guilty or
   31         nolo contendere to, or is found guilty of, regardless
   32         of adjudication, certain criminal offenses; providing
   33         for proceeds of the additional court cost or surcharge
   34         to be deposited into the Rape Crisis Program Trust
   35         Fund; amending s. 960.003, F.S.; requiring the court
   36         to order a person who has been charged by information
   37         or indictment with, or alleged by petition for
   38         delinquency to have committed, a specified offense
   39         that involves the transmission of body fluids from one
   40         person to another, upon request of the victim or the
   41         victim’s legal guardian, to undergo HIV testing within
   42         48 hours after the information, indictment, or
   43         petition for delinquency is filed rather than 48 hours
   44         after the court order; reenacting s. 20.435(21)(a),
   45         F.S., relating to the Rape Crisis Program Trust Fund,
   46         to incorporate the amendment made to s. 794.056, F.S.,
   47         in a reference thereto; reenacting s. 794.055(3)(b),
   48         F.S., relating to access to services for victims of
   49         sexual battery, to incorporate the amendment made to
   50         s. 938.085, F.S., in a reference thereto; amending s.
   51         960.198, F.S.; authorizing relocation assistance
   52         awards to victims of sexual violence; amending s.
   53         1003.42, F.S.; requiring that public schools provide
   54         comprehensive health education that addresses concepts
   55         of Internet safety; providing an effective date.
   56  
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Paragraph (b) of subsection (2) of section
   60  90.404, Florida Statutes, is amended to read:
   61         90.404 Character evidence; when admissible.—
   62         (2) OTHER CRIMES, WRONGS, OR ACTS.—
   63         (b)1. In a criminal case in which the defendant is charged
   64  with a crime of a sexual nature involving child molestation,
   65  evidence of the defendant’s commission of other crimes of a
   66  sexual nature, wrongs, or acts of child molestation is
   67  admissible, and may be considered for its bearing on any matter
   68  to which it is relevant.
   69         2. For the purposes of this paragraph, the term “crime of a
   70  sexual nature” “child molestation” means conduct proscribed by
   71  s. 784.048, s. 787.01, s. 787.02, s. 787.025(2)(c), s. 794.011,
   72  s. 794.05, s. 796.03, s. 796.035, s. 796.045, s. 800.04, s.
   73  825.1025(2)(b), s. 827.071, or s. 847.0135(5), s. 847.0145, or
   74  s. 985.701(1) when committed against a person 16 years of age or
   75  younger.
   76         Section 2. Prohibition on reproduction of child
   77  pornography.—
   78         (1) In a criminal proceeding any property or material that
   79  constitutes child pornography, as defined in s. 827.071 or s.
   80  847.001, Florida Statutes, must remain in the care, custody, and
   81  control of the law enforcement agency, the state attorney, or
   82  the court.
   83         (2)Notwithstanding any law or rule of court, a court shall
   84  deny, in a criminal proceeding, any request by the defendant to
   85  copy, photograph, duplicate, or otherwise reproduce any property
   86  or material that constitutes child pornography so long as the
   87  state attorney makes the property or material reasonably
   88  available to the defendant.
   89         (3)For purposes of this section, property or material is
   90  deemed to be reasonably available to the defendant if the state
   91  attorney provides ample opportunity at a designated facility for
   92  the inspection, viewing, and examination of the property or
   93  material that constitutes child pornography by the defendant,
   94  his or her attorney, or any individual whom the defendant uses
   95  as an expert during the discovery process or at a court
   96  proceeding.
   97         Section 3. Subsection (2) of section 395.1021, Florida
   98  Statutes, is amended to read:
   99         395.1021 Treatment of sexual assault victims.—Any licensed
  100  facility which provides emergency room services shall arrange
  101  for the rendering of appropriate medical attention and treatment
  102  of victims of sexual assault through:
  103         (2) The administration of medical examinations, tests, and
  104  analyses required by law enforcement personnel in the gathering
  105  of forensic medical evidence required for investigation and
  106  prosecution from a victim who has reported a sexual battery to a
  107  law enforcement agency or who requests that such evidence be
  108  gathered for a possible future report.
  109  
  110  Such licensed facility shall also arrange for the protection of
  111  the victim’s anonymity while complying with the laws of this
  112  state and may encourage the victim to notify law enforcement
  113  personnel and to cooperate with them in apprehending the
  114  suspect.
  115         Section 4. Subsection (17) is added to section 775.15,
  116  Florida Statutes, to read:
  117         775.15 Time limitations; general time limitations;
  118  exceptions.—
  119         (17) Notwithstanding the time periods prescribed in this
  120  section, a prosecution for video voyeurism in violation of s.
  121  810.145 may be commenced within 1 year after the date on which
  122  the victim of video voyeurism obtains actual knowledge of the
  123  existence of such a recording or the date on which the recording
  124  is confiscated by a law enforcement agency, whichever occurs
  125  first. Any dissemination of such a recording before the victim
  126  obtains actual knowledge thereof or before its confiscation by a
  127  law enforcement agency does not affect any provision of this
  128  subsection.
  129         Section 5. Section 794.056, Florida Statutes, is amended to
  130  read:
  131         794.056 Rape Crisis Program Trust Fund.—
  132         (1) The Rape Crisis Program Trust Fund is created within
  133  the Department of Health for the purpose of providing funds for
  134  rape crisis centers in this state. Trust fund moneys shall be
  135  used exclusively for the purpose of providing services for
  136  victims of sexual assault. Funds credited to the trust fund
  137  consist of those funds collected as an additional court
  138  assessment in each case in which a defendant pleads guilty or
  139  nolo contendere to, or is found guilty of, regardless of
  140  adjudication, an offense defined in s. 775.21, s. 784.011, s.
  141  784.021, s. 784.03, s. 784.041, s. 784.045, s. 784.048, s.
  142  784.07, s. 784.08, s. 784.081, s. 784.082, s. 784.083, s.
  143  784.085, s. 787.025, s. 787.06, s. 787.07, or s. 794.011, s.
  144  794.05, s. 794.08, s. 796.03, s. 796.035, s. 796.04, s. 796.045,
  145  s. 796.05, s. 796.06, s. 796.07(2)(a)-(d) and (i), s. 800.03, s.
  146  810.14, s. 810.145, s. 812.135, s. 817.025, s. 825.102, s.
  147  825.1025, s. 827.071, s. 836.10, s. 847.0135(2), s. 847.0137, s.
  148  847.0145, or s. 943.0435. Funds credited to the trust fund also
  149  shall include revenues provided by law, moneys appropriated by
  150  the Legislature, and grants from public or private entities.
  151         (2) The Department of Health shall establish by rule
  152  criteria consistent with the provisions of s. 794.055(3)(a) for
  153  distributing moneys from the trust fund to rape crisis centers.
  154         Section 6. Section 938.085, Florida Statutes, is amended to
  155  read:
  156         938.085 Additional cost to fund rape crisis centers.—In
  157  addition to any sanction imposed when a person pleads guilty or
  158  nolo contendere to, or is found guilty of, regardless of
  159  adjudication, a violation of s. 775.21, s. 784.011, s. 784.021,
  160  s. 784.03, s. 784.041, s. 784.045, s. 784.048, s. 784.07, s.
  161  784.08, s. 784.081, s. 784.082, s. 784.083, s. 784.085, s.
  162  787.025, s. 787.06, s. 787.07, or s. 794.011, s. 794.05, s.
  163  794.08, s. 796.03, s. 796.035, s. 796.04, s. 796.045, s. 796.05,
  164  s. 796.06, s. 796.07(2)(a)-(d) and (i), s. 800.03, s. 810.14, s.
  165  810.145, s. 812.135, s. 817.025, s. 825.102, s. 825.1025, s.
  166  827.071, s. 836.10, s. 847.0135(2), s. 847.0137, s. 847.0145, or
  167  s. 943.0435, the court shall impose a surcharge of $151. Payment
  168  of the surcharge shall be a condition of probation, community
  169  control, or any other court-ordered supervision. The sum of $150
  170  of the surcharge shall be deposited into the Rape Crisis Program
  171  Trust Fund established within the Department of Health by
  172  chapter 2003-140, Laws of Florida. The clerk of the court shall
  173  retain $1 of each surcharge that the clerk of the court collects
  174  as a service charge of the clerk’s office.
  175         Section 7. Paragraph (a) of subsection (2) of section
  176  960.003, Florida Statutes, is amended to read:
  177         960.003 HIV testing for persons charged with or alleged by
  178  petition for delinquency to have committed certain offenses;
  179  disclosure of results to victims.—
  180         (2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION
  181  FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.—
  182         (a) In any case in which a person has been charged by
  183  information or indictment with, or alleged by petition for
  184  delinquency to have committed, any offense enumerated in s.
  185  775.0877(1)(a)-(n), which involves the transmission of body
  186  fluids from one person to another, upon request of the victim or
  187  the victim’s legal guardian, or of the parent or legal guardian
  188  of the victim if the victim is a minor, the court shall order
  189  such person to undergo HIV testing within 48 hours after of the
  190  filing of the information, indictment, or petition for
  191  delinquency court order.
  192         Section 8. For the purpose of incorporating the amendment
  193  made by this act to section 794.056, Florida Statutes, in a
  194  reference thereto, paragraph (a) of subsection (21) of section
  195  20.435, Florida Statutes, is reenacted to read:
  196         20.435 Department of Health; trust funds.—The following
  197  trust funds shall be administered by the Department of Health:
  198         (21) Rape Crisis Program Trust Fund.
  199         (a) Funds to be credited to and uses of the trust fund
  200  shall be administered in accordance with the provisions of s.
  201  794.056.
  202         Section 9. For the purpose of incorporating the amendment
  203  made by this act to section 938.085, Florida Statutes, in a
  204  reference thereto, paragraph (b) of subsection (3) of section
  205  794.055, Florida Statutes, is reenacted to read:
  206         794.055 Access to services for victims of sexual battery.—
  207         (3)
  208         (b) Funds received under s. 938.085 shall be used to
  209  provide sexual battery recovery services to victims and their
  210  families. Funds shall be distributed to rape crisis centers
  211  based on an allocation formula that takes into account the
  212  population and rural characteristics of each county. No more
  213  than 15 percent of the funds shall be used by the statewide
  214  nonprofit association for statewide initiatives. No more than 5
  215  percent of the funds may be used by the department for
  216  administrative costs.
  217         Section 10. Section 960.198, Florida Statutes, is amended
  218  to read:
  219         960.198 Relocation assistance for victims of domestic
  220  violence and sexual violence.—
  221         (1) Notwithstanding the criteria set forth in s. 960.13 for
  222  crime victim compensation awards, the department may award a
  223  one-time payment of up to $1,500 on any one claim and a lifetime
  224  maximum of $3,000 to a victim of domestic violence who needs
  225  immediate assistance to escape from a domestic violence
  226  environment or to a victim of sexual violence.
  227         (2) In order for an award to be granted to a victim for
  228  relocation assistance:
  229         (a) There must be proof that a domestic violence or sexual
  230  violence offense was committed;
  231         (b) The domestic violence or sexual violence offense must
  232  be reported to the proper authorities;
  233         (c) The victim’s need for assistance must be certified by a
  234  certified domestic violence center or a certified rape crisis
  235  center in this state; and
  236         (d) The center certification must assert that the victim is
  237  cooperating with law enforcement officials, if applicable, and
  238  must include documentation that the victim has developed a
  239  safety plan.
  240         Section 11. Paragraph (n) of subsection (2) of section
  241  1003.42, Florida Statutes, is amended to read:
  242         1003.42 Required instruction.—
  243         (2) Members of the instructional staff of the public
  244  schools, subject to the rules of the State Board of Education
  245  and the district school board, shall teach efficiently and
  246  faithfully, using the books and materials required that meet the
  247  highest standards for professionalism and historic accuracy,
  248  following the prescribed courses of study, and employing
  249  approved methods of instruction, the following:
  250         (n) Comprehensive health education that addresses concepts
  251  of community health; consumer health; environmental health;
  252  family life, including an awareness of the benefits of sexual
  253  abstinence as the expected standard and the consequences of
  254  teenage pregnancy; mental and emotional health; injury
  255  prevention and safety; Internet safety; nutrition; personal
  256  health; prevention and control of disease; and substance use and
  257  abuse. The health education curriculum for students in grades 7
  258  through 12 shall include a teen dating violence and abuse
  259  component that includes, but is not limited to, the definition
  260  of dating violence and abuse, the warning signs of dating
  261  violence and abusive behavior, the characteristics of healthy
  262  relationships, measures to prevent and stop dating violence and
  263  abuse, and community resources available to victims of dating
  264  violence and abuse.
  265  
  266  The State Board of Education is encouraged to adopt standards
  267  and pursue assessment of the requirements of this subsection.
  268         Section 12. This act shall take effect July 1, 2011.