| 1 | A bill to be entitled |
| 2 | An act relating to sexual offenses; amending s. 90.404, |
| 3 | F.S.; permitting admission of evidence of the defendant's |
| 4 | commission of other crimes of a sexual nature in a |
| 5 | criminal case in which the defendant is charged with a |
| 6 | crime of a sexual nature; defining the term "crime of a |
| 7 | sexual nature"; requiring certain property or material |
| 8 | that is used in a criminal proceeding to remain in the |
| 9 | care, custody, and control of the law enforcement agency, |
| 10 | the state attorney, or the court; prohibiting the |
| 11 | reproduction of such property or material by the defendant |
| 12 | when specified criteria are met by the state attorney; |
| 13 | permitting access to the materials by the defendant; |
| 14 | amending s. 395.1021, F.S.; requiring a licensed facility |
| 15 | that provides emergency room services to arrange for the |
| 16 | gathering of forensic medical evidence required for |
| 17 | investigation and prosecution from a victim who has |
| 18 | reported a sexual battery to a law enforcement agency or |
| 19 | who requests that such evidence be gathered for a possible |
| 20 | future report; amending s. 775.15, F.S.; providing that a |
| 21 | prosecution for video voyeurism in violation of specified |
| 22 | provisions may be commenced within 1 year after the victim |
| 23 | of video voyeurism obtains actual knowledge of the |
| 24 | existence of such a recording or the recording is |
| 25 | confiscated by a law enforcement agency, whichever occurs |
| 26 | first; providing that dissemination of a recording before |
| 27 | such knowledge or confiscation does not affect such a time |
| 28 | period; amending ss. 794.056 and 938.085, F.S.; requiring |
| 29 | that an additional court cost or surcharge be assessed |
| 30 | against a defendant who pleads guilty or nolo contendere |
| 31 | to, or is found guilty of, regardless of adjudication, |
| 32 | certain criminal offenses; providing for proceeds of the |
| 33 | additional court cost or surcharge to be deposited into |
| 34 | the Rape Crisis Program Trust Fund; reenacting s. |
| 35 | 20.435(21)(a), F.S., relating to the Rape Crisis Program |
| 36 | Trust Fund, to incorporate the amendment made to s. |
| 37 | 794.056, F.S., in a reference thereto; reenacting s. |
| 38 | 794.055(3)(b), F.S., relating to access to services for |
| 39 | victims of sexual battery, to incorporate the amendment |
| 40 | made to s. 938.085, F.S., in a reference thereto; amending |
| 41 | s. 960.003, F.S.; revising provisions relating to HIV |
| 42 | testing of persons alleged to have committed certain |
| 43 | offenses; amending s. 960.198, F.S.; authorizing |
| 44 | relocation assistance awards to victims of sexual |
| 45 | violence; amending s. 1003.42, F.S.; requiring that public |
| 46 | schools provide comprehensive health education that |
| 47 | addresses concepts of Internet safety; providing an |
| 48 | effective date. |
| 49 |
|
| 50 | Be It Enacted by the Legislature of the State of Florida: |
| 51 |
|
| 52 | Section 1. Paragraph (b) of subsection (2) of section |
| 53 | 90.404, Florida Statutes, is amended to read: |
| 54 | 90.404 Character evidence; when admissible.- |
| 55 | (2) OTHER CRIMES, WRONGS, OR ACTS.- |
| 56 | (b)1. In a criminal case in which the defendant is charged |
| 57 | with a crime of a sexual nature involving child molestation, |
| 58 | evidence of the defendant's commission of other crimes of a |
| 59 | sexual nature, wrongs, or acts of child molestation is |
| 60 | admissible, and may be considered for its bearing on any matter |
| 61 | to which it is relevant. |
| 62 | 2. For the purposes of this paragraph, the term "crime of |
| 63 | a sexual nature" "child molestation" means conduct proscribed by |
| 64 | s. 784.048, s. 787.01, s. 787.02, s. 787.025(2)(c), s. 794.011, |
| 65 | s. 794.05, s. 796.03, s. 796.035, s. 796.045, s. 800.04, s. |
| 66 | 825.1025(2)(b), s. 827.071, or s. 847.0135(5), s. 847.0145, or |
| 67 | s. 985.701(1) when committed against a person 16 years of age or |
| 68 | younger. |
| 69 | Section 2. Prohibition on reproduction of child |
| 70 | pornography.- |
| 71 | (1) In a criminal proceeding, any property or material |
| 72 | that portrays sexual performance by a child as defined in s. |
| 73 | 827.071, Florida Statutes, or constitutes child pornography as |
| 74 | defined in s. 847.001, Florida Statutes, must remain secured or |
| 75 | locked in the care, custody, and control of a law enforcement |
| 76 | agency, the state attorney, or the court. |
| 77 | (2) Notwithstanding any law or rule of court, a court |
| 78 | shall deny, in a criminal proceeding, any request by the |
| 79 | defendant to copy, photograph, duplicate, or otherwise reproduce |
| 80 | any property or material that portrays sexual performance by a |
| 81 | child or constitutes child pornography so long as the state |
| 82 | attorney makes the property or material reasonably available to |
| 83 | the defendant. |
| 84 | (3) For purposes of this section, property or material is |
| 85 | deemed to be reasonably available to the defendant if the state |
| 86 | attorney provides ample opportunity at a designated facility for |
| 87 | the inspection, viewing, and examination of the property or |
| 88 | material that portrays sexual performance by a child or |
| 89 | constitutes child pornography by the defendant, his or her |
| 90 | attorney, or any individual whom the defendant uses as an expert |
| 91 | during the discovery process or at a court proceeding. |
| 92 | Section 3. Subsection (2) of section 395.1021, Florida |
| 93 | Statutes, is amended to read: |
| 94 | 395.1021 Treatment of sexual assault victims.-Any licensed |
| 95 | facility which provides emergency room services shall arrange |
| 96 | for the rendering of appropriate medical attention and treatment |
| 97 | of victims of sexual assault through: |
| 98 | (2) The administration of medical examinations, tests, and |
| 99 | analyses required by law enforcement personnel in the gathering |
| 100 | of forensic medical evidence required for investigation and |
| 101 | prosecution from a victim who has reported a sexual battery to a |
| 102 | law enforcement agency or who requests that such evidence be |
| 103 | gathered for a possible future report. |
| 104 |
|
| 105 | Such licensed facility shall also arrange for the protection of |
| 106 | the victim's anonymity while complying with the laws of this |
| 107 | state and may encourage the victim to notify law enforcement |
| 108 | personnel and to cooperate with them in apprehending the |
| 109 | suspect. |
| 110 | Section 4. Subsection (17) is added to section 775.15, |
| 111 | Florida Statutes, to read: |
| 112 | 775.15 Time limitations; general time limitations; |
| 113 | exceptions.- |
| 114 | (17) Notwithstanding the time periods prescribed in this |
| 115 | section, a prosecution for video voyeurism in violation of s. |
| 116 | 810.145 may be commenced within 1 year after the date on which |
| 117 | the victim of video voyeurism obtains actual knowledge of the |
| 118 | existence of such a recording or the date on which the recording |
| 119 | is confiscated by a law enforcement agency, whichever occurs |
| 120 | first. Any dissemination of such a recording before the victim |
| 121 | obtains actual knowledge thereof or before its confiscation by a |
| 122 | law enforcement agency does not affect any provision of this |
| 123 | subsection. |
| 124 | Section 5. Section 794.056, Florida Statutes, is amended |
| 125 | to read: |
| 126 | 794.056 Rape Crisis Program Trust Fund.- |
| 127 | (1) The Rape Crisis Program Trust Fund is created within |
| 128 | the Department of Health for the purpose of providing funds for |
| 129 | rape crisis centers in this state. Trust fund moneys shall be |
| 130 | used exclusively for the purpose of providing services for |
| 131 | victims of sexual assault. Funds credited to the trust fund |
| 132 | consist of those funds collected as an additional court |
| 133 | assessment in each case in which a defendant pleads guilty or |
| 134 | nolo contendere to, or is found guilty of, regardless of |
| 135 | adjudication, an offense defined in s. 775.21, s. 784.011, s. |
| 136 | 784.021, s. 784.03, s. 784.041, s. 784.045, s. 784.048, s. |
| 137 | 784.07, s. 784.08, s. 784.081, s. 784.082, s. 784.083, s. |
| 138 | 784.085, s. 787.025, s. 787.06, s. 787.07, or s. 794.011, s. |
| 139 | 794.05, s. 794.08, s. 796.03, s. 796.035, s. 796.04, s. 796.045, |
| 140 | s. 796.05, s. 796.06, s. 796.07(2)(a)-(d) and (i), s. 800.03, s. |
| 141 | 810.14, s. 810.145, s. 812.135, s. 817.025, s. 825.102, s. |
| 142 | 825.1025, s. 827.071, s. 836.10, s. 847.0135(2), s. 847.0137, s. |
| 143 | 847.0145, or s. 943.0435. Funds credited to the trust fund also |
| 144 | shall include revenues provided by law, moneys appropriated by |
| 145 | the Legislature, and grants from public or private entities. |
| 146 | (2) The Department of Health shall establish by rule |
| 147 | criteria consistent with the provisions of s. 794.055(3)(a) for |
| 148 | distributing moneys from the trust fund to rape crisis centers. |
| 149 | Section 6. Section 938.085, Florida Statutes, is amended |
| 150 | to read: |
| 151 | 938.085 Additional cost to fund rape crisis centers.-In |
| 152 | addition to any sanction imposed when a person pleads guilty or |
| 153 | nolo contendere to, or is found guilty of, regardless of |
| 154 | adjudication, a violation of s. 775.21, s. 784.011, s. 784.021, |
| 155 | s. 784.03, s. 784.041, s. 784.045, s. 784.048, s. 784.07, s. |
| 156 | 784.08, s. 784.081, s. 784.082, s. 784.083, s. 784.085, s. |
| 157 | 787.025, s. 787.06, s. 787.07, or s. 794.011, s. 794.05, s. |
| 158 | 794.08, s. 796.03, s. 796.035, s. 796.04, s. 796.045, s. 796.05, |
| 159 | s. 796.06, s. 796.07(2)(a)-(d) and (i), s. 800.03, s. 810.14, s. |
| 160 | 810.145, s. 812.135, s. 817.025, s. 825.102, s. 825.1025, s. |
| 161 | 827.071, s. 836.10, s. 847.0135(2), s. 847.0137, s. 847.0145, or |
| 162 | s. 943.0435, the court shall impose a surcharge of $151. Payment |
| 163 | of the surcharge shall be a condition of probation, community |
| 164 | control, or any other court-ordered supervision. The sum of $150 |
| 165 | of the surcharge shall be deposited into the Rape Crisis Program |
| 166 | Trust Fund established within the Department of Health by |
| 167 | chapter 2003-140, Laws of Florida. The clerk of the court shall |
| 168 | retain $1 of each surcharge that the clerk of the court collects |
| 169 | as a service charge of the clerk's office. |
| 170 | Section 7. For the purpose of incorporating the amendment |
| 171 | made by this act to section 794.056, Florida Statutes, in a |
| 172 | reference thereto, paragraph (a) of subsection (21) of section |
| 173 | 20.435, Florida Statutes, is reenacted to read: |
| 174 | 20.435 Department of Health; trust funds.-The following |
| 175 | trust funds shall be administered by the Department of Health: |
| 176 | (21) Rape Crisis Program Trust Fund. |
| 177 | (a) Funds to be credited to and uses of the trust fund |
| 178 | shall be administered in accordance with the provisions of s. |
| 179 | 794.056. |
| 180 | Section 8. For the purpose of incorporating the amendment |
| 181 | made by this act to section 938.085, Florida Statutes, in a |
| 182 | reference thereto, paragraph (b) of subsection (3) of section |
| 183 | 794.055, Florida Statutes, is reenacted to read: |
| 184 | 794.055 Access to services for victims of sexual battery.- |
| 185 | (3) |
| 186 | (b) Funds received under s. 938.085 shall be used to |
| 187 | provide sexual battery recovery services to victims and their |
| 188 | families. Funds shall be distributed to rape crisis centers |
| 189 | based on an allocation formula that takes into account the |
| 190 | population and rural characteristics of each county. No more |
| 191 | than 15 percent of the funds shall be used by the statewide |
| 192 | nonprofit association for statewide initiatives. No more than 5 |
| 193 | percent of the funds may be used by the department for |
| 194 | administrative costs. |
| 195 | Section 9. Subsection (2) of section 960.003, Florida |
| 196 | Statutes, is amended to read: |
| 197 | 960.003 HIV testing for persons charged with or alleged by |
| 198 | petition for delinquency to have committed certain offenses; |
| 199 | disclosure of results to victims.- |
| 200 | (2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION |
| 201 | FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.- |
| 202 | (a) In any case in which a person has been charged by |
| 203 | information or indictment with or alleged by petition for |
| 204 | delinquency to have committed any offense enumerated in s. |
| 205 | 775.0877(1)(a)-(n), which involves the transmission of body |
| 206 | fluids from one person to another, upon request of the victim or |
| 207 | the victim's legal guardian, or of the parent or legal guardian |
| 208 | of the victim if the victim is a minor, the court shall order |
| 209 | such person to undergo HIV testing within 48 hours after of the |
| 210 | information or indictment court order. |
| 211 | (b) However, when a victim of any sexual offense |
| 212 | enumerated in s. 775.0877(1)(a)-(n) is under the age of 18 at |
| 213 | the time the offense was committed or when a victim of any |
| 214 | sexual offense enumerated in s. 775.0877(1)(a)-(n) or s. |
| 215 | 825.1025 is a disabled adult or elderly person as defined in s. |
| 216 | 825.1025 regardless of whether the offense involves the |
| 217 | transmission of bodily fluids from one person to another, then |
| 218 | upon the request of the victim or the victim's legal guardian, |
| 219 | or of the parent or legal guardian, the court shall order such |
| 220 | person to undergo HIV testing within 48 hours after of the |
| 221 | information or indictment court order. The testing shall be |
| 222 | performed under the direction of the Department of Health in |
| 223 | accordance with s. 381.004. The results of an HIV test performed |
| 224 | on a defendant or juvenile offender pursuant to this subsection |
| 225 | shall not be admissible in any criminal or juvenile proceeding |
| 226 | arising out of the alleged offense. |
| 227 | Section 10. Section 960.198, Florida Statutes, is amended |
| 228 | to read: |
| 229 | 960.198 Relocation assistance for victims of domestic |
| 230 | violence and sexual violence.- |
| 231 | (1) Notwithstanding the criteria set forth in s. 960.13 |
| 232 | for crime victim compensation awards, the department may award a |
| 233 | one-time payment of up to $1,500 on any one claim and a lifetime |
| 234 | maximum of $3,000 to a victim of domestic violence who needs |
| 235 | immediate assistance to escape from a domestic violence |
| 236 | environment or to a victim of sexual violence. |
| 237 | (2) In order for an award to be granted to a victim for |
| 238 | relocation assistance: |
| 239 | (a) There must be proof that a domestic violence or sexual |
| 240 | violence offense was committed; |
| 241 | (b) The domestic violence or sexual violence offense must |
| 242 | be reported to the proper authorities; |
| 243 | (c) The victim's need for assistance must be certified by |
| 244 | a certified domestic violence center or a certified rape crisis |
| 245 | center in this state; and |
| 246 | (d) The center certification must assert that the victim |
| 247 | is cooperating with law enforcement officials, if applicable, |
| 248 | and must include documentation that the victim has developed a |
| 249 | safety plan. |
| 250 | Section 11. Paragraph (n) of subsection (2) of section |
| 251 | 1003.42, Florida Statutes, is amended to read: |
| 252 | 1003.42 Required instruction.- |
| 253 | (2) Members of the instructional staff of the public |
| 254 | schools, subject to the rules of the State Board of Education |
| 255 | and the district school board, shall teach efficiently and |
| 256 | faithfully, using the books and materials required that meet the |
| 257 | highest standards for professionalism and historic accuracy, |
| 258 | following the prescribed courses of study, and employing |
| 259 | approved methods of instruction, the following: |
| 260 | (n) Comprehensive health education that addresses concepts |
| 261 | of community health; consumer health; environmental health; |
| 262 | family life, including an awareness of the benefits of sexual |
| 263 | abstinence as the expected standard and the consequences of |
| 264 | teenage pregnancy; mental and emotional health; injury |
| 265 | prevention and safety; Internet safety; nutrition; personal |
| 266 | health; prevention and control of disease; and substance use and |
| 267 | abuse. The health education curriculum for students in grades 7 |
| 268 | through 12 shall include a teen dating violence and abuse |
| 269 | component that includes, but is not limited to, the definition |
| 270 | of dating violence and abuse, the warning signs of dating |
| 271 | violence and abusive behavior, the characteristics of healthy |
| 272 | relationships, measures to prevent and stop dating violence and |
| 273 | abuse, and community resources available to victims of dating |
| 274 | violence and abuse. |
| 275 |
|
| 276 | The State Board of Education is encouraged to adopt standards |
| 277 | and pursue assessment of the requirements of this subsection. |
| 278 | Section 12. This act shall take effect July 1, 2011. |