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. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 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 16or 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 theage of 16or person 48 with mental retardation who is a victim or witness be taken 49 outside ofthe 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, orof 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.