Florida Senate - 2013                                     SB 552
       By Senator Braynon
       36-00896-13                                            2013552__
    1                        A bill to be entitled                      
    2         An act relating to human trafficking; amending s.
    3         39.01, F.S.; revising the definition of the term
    4         “sexual abuse of a child”; amending s. 92.54, F.S.;
    5         authorizing the court to order that the testimony of a
    6         child younger than 18 years of age who is a victim or
    7         witness be taken outside the courtroom and shown by
    8         means of closed circuit television; amending s. 92.56,
    9         F.S.; authorizing the state to use a pseudonym instead
   10         of the victim’s name to designate the victim of human
   11         trafficking; reenacting s. 847.01357(3), F.S.,
   12         relating to exploited children’s civil remedy, to
   13         incorporate the amendment made to s. 92.56, F.S., in a
   14         reference thereto; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Paragraph (g) of subsection (67) of section
   19  39.01, Florida Statutes, is amended to read:
   20         39.01 Definitions.—When used in this chapter, unless the
   21  context otherwise requires:
   22         (67) “Sexual abuse of a child” for purposes of finding a
   23  child to be dependent means one or more of the following acts:
   24         (g) The sexual exploitation of a child, which includes the
   25  act of a child offering to engage in or engaging in
   26  prostitution, provided that the child is not under arrest or is
   27  not being prosecuted in a delinquency or criminal proceeding for
   28  a violation of any offense in chapter 796 based on such
   29  behavior; or allowing, encouraging, or forcing a child to:
   30         1. Solicit for or engage in prostitution;
   31         2. Engage in a sexual performance, as defined by chapter
   32  827; or
   33         3. Participate in the trade of sex trafficking as provided
   34  in s. 787.06(3)(g) or (h), and s. 796.035.
   35         Section 2. Subsection (1) of section 92.54, Florida
   36  Statutes, is amended to read:
   37         92.54 Use of closed circuit television in proceedings
   38  involving victims or witnesses younger than 18 years of age
   39  under the age of 16 or persons with mental retardation.—
   40         (1) Upon motion and hearing in camera and upon a finding
   41  that there is a substantial likelihood that the child or person
   42  with mental retardation will suffer at least moderate emotional
   43  or mental harm due to the presence of the defendant if the child
   44  or person with mental retardation is required to testify in open
   45  court, or that such victim or witness is unavailable as defined
   46  in s. 90.804(1), the trial court may order that the testimony of
   47  a child younger than 18 years of under the age of 16 or person
   48  with mental retardation who is a victim or witness be taken
   49  outside of the courtroom and shown by means of closed circuit
   50  television.
   51         Section 3. Subsection (3) of section 92.56, Florida
   52  Statutes, is amended to read:
   53         92.56 Judicial proceedings and court records involving
   54  sexual offenses.—
   55         (3) The state may use a pseudonym instead of the victim’s
   56  name to designate the victim of a crime described in s.
   57  787.06(3)(g) or (h), chapter 794, or chapter 800, or of child
   58  abuse, aggravated child abuse, or sexual performance by a child
   59  as described in chapter 827, or any crime involving the
   60  production, possession, or promotion of child pornography as
   61  described in chapter 847, in all court records and records of
   62  court proceedings, both civil and criminal.
   63         Section 4. For the purpose of incorporating the amendment
   64  made by this act to section 92.56, Florida Statutes, in a
   65  reference thereto, subsection (3) of section 847.01357, Florida
   66  Statutes, is reenacted to read:
   67         847.01357 Exploited children’s civil remedy.—
   68         (3) Any victim who has a bona fide claim under this section
   69  shall, upon request, be provided a pseudonym, pursuant to s.
   70  92.56(3), which shall be issued and maintained by the Department
   71  of Legal Affairs for use in all legal pleadings. This identifier
   72  shall be fully recognized in all courts in this state as a valid
   73  legal identity.
   74         Section 5. This act shall take effect July 1, 2013.