HB 1413

1	A bill to be entitled
2	An act relating to justice for crime victims; creating s.
3	943.0315, F.S.; providing legislative findings; creating
4	the Commission on Justice for Crime Victims within the
5	Department of Law Enforcement; providing membership;
6	requiring the commission to review the needs of persons
7	who are the victims of crime in this state; requiring the
8	commission to review and comment on specified issues;
9	requiring the commission to hold public hearings each
10	year; requiring an annual report; providing for
11	reimbursement of travel and per diem expenses; authorizing
12	the commission to employ an executive director and other
13	staff; requiring the commission to expire on a certain
14	date; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Section 943.0315, Florida Statutes, is created
19	to read:
20	943.0315  Commission on Justice for Crime Victims.--The
21	Legislature finds that there is a need to develop and implement
22	a statewide strategy to address the needs of persons who are the
23	victims of crime in this state. The Legislature also finds that
24	there is a need to understand the severity of the losses
25	incurred by victims and their families and to evaluate the
26	services available to respond to the needs of the victims. In
27	recognition of these needs, the Commission on Justice for Crime
28	Victims is created within the Department of Law Enforcement. The
29	commission shall serve in an advisory capacity to the
30	department.
31	(1)(a)  The commission shall be composed of 15 members. The
32	secretary of each agency that includes a criminal justice
33	program shall personally serve as a member of the commission.
34	Additional members of the commission shall be appointed by the
35	Governor and may include the Governor's victims' rights
36	advocate; the director of the Crime Victims' Services Office
37	within the Department of Legal Affairs; a state attorney; a
38	sheriff; a police chief; a circuit judge; a representative of
39	the Florida Network of Victim Witness Services, Inc.; and a
40	representative of the Justice Coalition. The Governor shall
41	appoint at least three members who have been the victim of a
42	crime, one of whom must be related either to a victim of murder
43	or to the surviving spouse of a victim of murder.
44	(b)  The appointments must be made by September 1, 2005,
45	and the commission shall hold its first meeting within 60 days
46	after the appointment of its members is completed. Any vacancy
47	that occurs on the commission must be filled in the same manner
48	as the original appointment.
49	(2)  Members of the commission are entitled to one vote
50	each, and an action of the commission is not binding unless a
51	majority of the total number of votes cast are in favor of the
52	action. The commission may not act unless a majority of its
53	members are present at a meeting. The commission shall elect a
54	chairperson from among its members.
55	(3)  The commission shall review the nature and severity of
56	the losses and other associated difficulties suffered by crime
57	victims and families of victims of murder and shall review the
58	state's services provided to victims as well as other responses
59	to the needs of victims. In addition, the commission should
60	consider other factors adversely affecting victims, including
61	delays in capital cases and recommendations for judicial reforms
62	to reduce the delays. Included in the commission's review must
63	be an evaluation of:
64	(a)  The services available to victims as described in s.
65	960.001(1)(a).
66	(b)  The imposition, collection, and distribution of the
67	surcharge described in s. 938.08 and the fee required in s.
68	938.03 to be paid to the Crimes Compensation Trust Fund.
69	(c)  The imposition, collection, and distribution of victim
70	restitution.
71	(d)  The necessary state constitutional reforms that would
72	facilitate the resolution of capital cases within 5 years after
73	the imposition of sentence.
74	(4)  The commission shall hold at least four public
75	hearings annually throughout the state to solicit input from the
76	public regarding justice for victims, victims' concerns,
77	restitution for victims, judicial reforms that would reduce the
78	suffering of crime victims and their families and improve the
79	treatment of victims and their families in state courts, and
80	other relevant issues. The commission shall devote at least one
81	public hearing to the issues facing families of victims of
82	murder, delays in capital cases, and proposals to reduce these
83	delays in this state. The commission must review laws in other
84	states in which the delays have been reduced.
85	(5)  The commission must submit a report to the Governor,
86	the President of the Senate, and the Speaker of the House of
87	Representatives on or before February 1 of each year. The report
88	shall contain specific recommendations for enhancing justice for
89	victims of crime, including the families of murder victims in
90	capital cases. The recommendations of the commission must
91	include proposed legislation and constitutional reforms that
92	will improve justice for victims of crime and family members of
93	victims of murder.
94	(6)  Commission members may not receive remuneration for
95	their services, but members are entitled to reimbursement for
96	travel and per diem expenses in accordance with s. 112.061.
97	(7)  The commission, with approval from the Executive
98	Office of the Governor, may employ or contract with an executive
99	director who possesses at least 5 years' previous experience in
100	criminal law and legislative affairs and has worked directly
101	with victims of crime and with families of victims of murder.
102	The executive director may employ or contract with two
103	additional staff members or consultants who have relevant
104	experience in the field of crime victims' rights or data
105	analysis and one administrative assistant. The Department of Law
106	Enforcement shall provide administrative support to the
107	commission and its staff.
108	(8)  The commission shall expire on June 30, 2009.
109	Section 2.  This act shall take effect July 1, 2005.

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