Florida Senate - 2009                                    SB 1312
       
       
       
       By Senator Fasano
       
       
       
       
       11-00913-09                                           20091312__
    1                        A bill to be entitled                      
    2         An act relating to sexual battery; creating s.
    3         794.052, F.S.; requiring each law enforcement officer
    4         who investigates an alleged sexual battery incident to
    5         assist the victim in obtaining medical treatment if
    6         medical treatment is necessary and advise the victim
    7         that he or she may contact a certified rape crisis
    8         center for services; requiring the law enforcement
    9         officer to immediately notify the victim of the legal
   10         rights and remedies available to a victim of sexual
   11         battery; directing that the notice of rights and
   12         remedies be written on a standard notice form
   13         developed and distributed by the Department of Law
   14         Enforcement; requiring the department to revise the
   15         notice form as necessary; requiring the department to
   16         distribute the notice as a model form for sexual
   17         battery victims to be used by law enforcement agencies
   18         throughout the state; requiring the notice to include
   19         certain information; providing an effective date.
   20         
   21  Be It Enacted by the Legislature of the State of Florida:
   22         
   23         Section 1. Section 794.052, Florida Statutes, is created to
   24  read:
   25         794.052 Sexual battery; notification of victim's rights and
   26  services.—
   27         (1) A law enforcement officer who investigates an alleged
   28  sexual battery shall:
   29         (a) Assist the victim in obtaining medical treatment if
   30  medical treatment is necessary as a result of the alleged
   31  incident.
   32         (b) Advise the victim that he or she may contact a
   33  certified rape crisis center from which the victim may receive
   34  services.
   35         (2)(a) The law enforcement officer shall give the victim
   36  immediate notice of the legal rights and remedies available to a
   37  victim on a standard form developed and distributed by the
   38  Department of Law Enforcement.
   39         (b) As necessary, the department shall revise the “Legal
   40  Rights and Remedies Notice to Victims” to include a general
   41  summary of s. 784.046 using simple English as well as Spanish.
   42  The department shall distribute the notice as a model form for
   43  sexual battery victims to be used by all law enforcement
   44  agencies throughout the state. The notice must include the
   45  resource listing, including telephone number, for the area
   46  certified rape crisis center as designated by the Department of
   47  Health.
   48         Section 2. This act shall take effect July 1, 2009.