Florida Senate - 2020                                    SB 1028
       
       
        
       By Senator Book
       
       
       
       
       
       32-00573-20                                           20201028__
    1                        A bill to be entitled                      
    2         An act relating to survivors of sexual offenses;
    3         providing a short title; creating s. 960.0013, F.S.;
    4         defining terms; providing for the attachment and
    5         duration of survivor rights; providing that a survivor
    6         has the right to consult with a sexual assault
    7         counselor during certain examinations and have such
    8         counselor present during certain interviews; providing
    9         for confidentiality of certain communications between
   10         the survivor and such counselor; prohibiting a medical
   11         provider from charging a survivor for certain incurred
   12         costs; requiring a medical provider to inform a
   13         survivor of specified information before commencing a
   14         certain medical examination; requiring a law
   15         enforcement officer, prosecutor, or defense attorney
   16         to inform a survivor of specified rights before
   17         commencing an interview; prohibiting a law enforcement
   18         officer, prosecutor, or defense attorney from
   19         discouraging a survivor from receiving a certain
   20         medical exam; providing that a survivor has the right
   21         to have counsel present and the right to prompt
   22         analysis of a sexual offense evidence kit; requiring a
   23         medical provider to notify the appropriate law
   24         enforcement agency within a certain time after
   25         collecting such kit; requiring the law enforcement
   26         agency to take specified actions after taking
   27         possession of such kit from the medical provider and
   28         to provide certain information to the survivor;
   29         providing requirements and periods of retention for a
   30         crime laboratory; prohibiting the use of such kit
   31         under certain circumstances; providing requirements
   32         for law enforcement officers and medical providers
   33         upon initial contact with a survivor; requiring law
   34         enforcement officers and prosecutors to provide
   35         certain information to a survivor upon his or her
   36         written request; creating a cause of action;
   37         authorizing the Attorney General to bring an action
   38         for injunctive relief; providing a defense to such
   39         actions; authorizing a person to bring an action for
   40         injunctive relief or damages, or both; requiring the
   41         Attorney General, in consultation with the Department
   42         of Law Enforcement and by a certain date, to establish
   43         a system for tracking such kits; providing reporting
   44         requirements for law enforcement agencies and
   45         departments tasked with the collection, maintenance,
   46         storage, or preservation of such kits; providing
   47         reporting requirements for the Auditor General;
   48         providing annual reporting requirements for the
   49         Department of Law Enforcement, the Department of
   50         Health, and the Auditor General; amending s. 943.326,
   51         F.S.; conforming provisions to changes made by the
   52         act; providing an effective date.
   53          
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. This act may be cited as the “Sexual Assault
   57  Survivors’ Bill of Rights.”
   58         Section 2. Section 960.0013, Florida Statutes, is created
   59  to read:
   60         960.0013Sexual assault survivors’ rights.—
   61         (1)DEFINITIONS.—As used in this section, the term:
   62         (a)“Crime laboratory” means the statewide criminal
   63  analysis laboratory system established in s. 943.32.
   64         (b)“Law enforcement officer” has the same meaning as in s.
   65  943.10 and includes any person employed by the Department of Law
   66  Enforcement and any person employed by a private security
   67  service at an educational institution.
   68         (c)“Medical provider” means any qualified health care
   69  professional, a hospital, another facility that provides
   70  emergency medical services, or a facility that conducts a
   71  medical evidentiary or forensic physical examination of a
   72  survivor.
   73         (d)“Sexual assault counselor” has the same meaning as in
   74  s. 90.5035(1)(b) and includes a victim advocate working in a
   75  rape crisis center as defined in s. 794.055(2)(d).
   76         (e)“Sexual assault survivor” or “survivor” means a victim
   77  of sexual battery as that term is defined in s. 794.011(1).
   78         (f)“Sexual offense evidence kit” means any human
   79  biological specimen collected by a medical provider during a
   80  forensic physical examination from an alleged survivor,
   81  including, but not limited to, a toxicology kit.
   82         (2)ATTACHMENT AND DURATION OF RIGHTS.—
   83         (a)The rights provided to survivors in this section attach
   84  whenever a survivor is subject to a medical evidentiary or
   85  forensic physical examination, as provided in s. 943.326, and
   86  during any interview conducted by a law enforcement officer,
   87  prosecutor, or defense attorney.
   88         (b)A survivor retains all rights under this section at all
   89  times regardless of whether the survivor agrees to participate
   90  in the legal or criminal justice systems or consents to a
   91  medical evidentiary or forensic physical examination to collect
   92  a sexual offense evidence kit.
   93         (3)RIGHT TO SEXUAL ASSAULT COUNSELOR AND SUPPORT PERSON;
   94  CONFIDENTIALITY.—
   95         (a)A survivor has the right to consult with a sexual
   96  assault counselor during a medical evidentiary or forensic
   97  physical examination, as provided in s. 943.326, and the right
   98  to have a support person of the survivor’s choosing present
   99  during such examination.
  100         (b)A survivor has the right to have a sexual assault
  101  counselor present at all times during any interview conducted by
  102  a law enforcement officer, prosecutor, or defense attorney.
  103         (c)1.Communications between a survivor and a sexual
  104  assault counselor are confidential and privileged, including
  105  information disclosed in the presence of any third persons
  106  during a medical evidentiary or forensic physical examination,
  107  or during any interview conducted by a law enforcement officer,
  108  prosecutor, or defense attorney.
  109         2.The presence of a sexual assault counselor does not
  110  operate to defeat any existing privilege otherwise guaranteed by
  111  law.
  112         3.A survivor’s waiver of the right to a sexual assault
  113  counselor is privileged.
  114         4.Notwithstanding any waiver of privilege, a survivor’s
  115  communications with a sexual assault counselor or waiver of the
  116  right to a sexual assault counselor are not admissible into
  117  evidence for any purpose except with the consent of the
  118  survivor.
  119         (4)RIGHT TO EXAMINATION; COSTS; RIGHT TO SEXUAL ASSAULT
  120  COUNSELOR; WRITTEN NOTICE OF RIGHTS.—
  121         (a)Costs incurred by a medical provider for the medical
  122  evidentiary or forensic physical examination of a survivor may
  123  not be charged directly or indirectly to the survivor.
  124         (b)Before a medical provider commences a medical
  125  evidentiary or forensic physical examination of a survivor, the
  126  medical provider shall inform the survivor of the following:
  127         1.His or her right to consult with a sexual assault
  128  counselor, to be summoned by the medical provider before the
  129  commencement of the medical evidentiary or forensic physical
  130  examination, and his or her right to have at least one support
  131  person of his or her choosing present during the medical
  132  evidentiary or forensic physical examination, unless a sexual
  133  assault counselor or support person cannot be summoned in a
  134  reasonably timely manner;
  135         2.If a sexual assault counselor or support person cannot
  136  be summoned in a reasonably timely manner, the ramifications of
  137  delaying the medical evidentiary or forensic physical
  138  examination;
  139         3.His or her right to shower at no cost upon completion of
  140  the medical evidentiary or forensic physical examination, unless
  141  showering facilities are not available; and
  142         4.His or her rights pursuant to this section and other
  143  relevant law, which must be written in a document developed by
  144  the Attorney General and signed by the survivor to confirm
  145  receipt.
  146         (5)RIGHT TO NOTICE BEFORE INTERVIEW.—
  147         (a)Before commencing an interview of a survivor, a law
  148  enforcement officer, prosecutor, or defense attorney shall
  149  inform the survivor of the following:
  150         1.His or her rights pursuant to this section and other
  151  relevant law, which must be written in a document developed by
  152  the Attorney General and signed by the survivor to confirm
  153  receipt;
  154         2.His or her right to consult with a sexual assault
  155  counselor during any interview conducted by a law enforcement
  156  officer, prosecutor, or defense attorney, to be summoned by the
  157  interviewer before the commencement of the interview, unless a
  158  sexual assault counselor cannot be summoned in a reasonably
  159  timely manner;
  160         3.His or her right to have at least one support person of
  161  his or her choosing present during any interview conducted by a
  162  law enforcement officer, prosecutor, or defense attorney, unless
  163  the law enforcement officer, prosecutor, or defense attorney
  164  determines in his or her good faith professional judgment that
  165  the presence of a support person would be detrimental to the
  166  purpose of the interview; and
  167         4.For interviews conducted by a law enforcement officer,
  168  his or her right to be interviewed by a law enforcement officer
  169  of the gender of his or her choosing. If such a law enforcement
  170  officer is not available, his or her right to refuse such
  171  interview.
  172         (b)A law enforcement officer, prosecutor, or defense
  173  attorney may not discourage a survivor from receiving a medical
  174  evidentiary or forensic physical examination.
  175         (6)RIGHT TO COUNSEL.—A survivor retains the right to have
  176  counsel present during all stages of any medical or physical
  177  examination, interview, investigation, or other interaction with
  178  any representative from the legal or criminal justice systems in
  179  this state. Treatment of the survivor may not be affected or
  180  altered in any way as a result of the survivor’s decision to
  181  exercise such right.
  182         (7)RIGHT TO PROMPT ANALYSIS OF SEXUAL OFFENSE EVIDENCE
  183  KIT.—
  184         (a)A survivor has the right to the prompt analysis of a
  185  sexual offense evidence kit as provided in s. 943.326. A medical
  186  provider shall, upon conducting a medical evidentiary or
  187  forensic physical examination to collect a sexual offense
  188  evidence kit, inform the survivor that:
  189         1.The sexual offense evidence kit must be transported to
  190  the crime laboratory and analyzed within 90 days unless the
  191  survivor requests, in writing, at any time before analysis, that
  192  the crime laboratory defer analysis of the sexual offense
  193  evidence kit.
  194         2.The crime laboratory must retain the sexual offense
  195  evidence kit for a minimum of 20 years, or until the survivor
  196  reaches 40 years of age if the survivor was a minor when the
  197  sexual offense occurred, before it is destroyed.
  198         3.If the survivor has requested deferred analysis under
  199  subparagraph 1., the survivor may request that the crime
  200  laboratory analyze the sexual offense evidence kit at a later
  201  date. However, such analysis must occur before the expiration of
  202  the required retention period in subparagraph 2.
  203         (b)A medical provider shall, within 24 hours after
  204  collecting a sexual offense evidence kit, notify the law
  205  enforcement agency having jurisdiction over the alleged offense
  206  of such fact.
  207         (c)A law enforcement agency that receives notice under
  208  paragraph (b) shall take possession of the sexual offense
  209  evidence kit from the medical provider. Upon taking such
  210  possession, the law enforcement agency shall:
  211         1.Submit the sexual offense evidence kit to the crime
  212  laboratory and assign a criminal complaint number to such kit
  213  within 5 days after receipt of notice; or
  214         2.If the law enforcement agency determines that it does
  215  not have jurisdiction over the alleged sexual offense, notify
  216  the law enforcement agency having jurisdiction over such offense
  217  within 5 days after taking possession of the sexual offense
  218  evidence kit. After receiving such notice, the law enforcement
  219  agency having jurisdiction over such offense shall take
  220  possession of the sexual offense evidence kit and submit such
  221  kit to the crime laboratory within 5 days after receipt.
  222         (d)Any law enforcement agency that submits a sexual
  223  offense evidence kit to a crime laboratory shall, immediately
  224  after such submission, notify the survivor of the name, address,
  225  and telephone number of the crime laboratory and all of the
  226  information specified in paragraph (a).
  227         (e)A crime laboratory that receives a sexual offense
  228  evidence kit on or after July 1, 2020, shall analyze such kit
  229  and upload any available DNA profiles into the Federal Bureau of
  230  Investigation’s Combined DNA Index System (CODIS) as provided in
  231  s. 943.325 within 60 days after receipt, unless the survivor
  232  requests in writing that the crime laboratory defer analysis of
  233  such kit.
  234         (f)The crime laboratory shall retain the sexual offense
  235  evidence kit for a minimum of 20 years, or until the survivor
  236  reaches 40 years of age if the survivor was a minor when the
  237  sexual offense occurred, before it is destroyed.
  238         (g)A survivor has the right to be informed, upon request,
  239  of the results of the analysis of his or her sexual offense
  240  evidence kit and whether the analysis yielded a DNA profile or
  241  DNA match with the named perpetrator or a suspect already in the
  242  CODIS as provided in s. 943.325. The survivor has the right to
  243  receive this information through a secure and confidential
  244  message in writing from the operator of the statewide DNA
  245  database, which must include the telephone number of the state
  246  forensic laboratory.
  247         (h)1.A defendant or person accused or convicted of a crime
  248  against a survivor has no standing to object to any failure to
  249  comply with this section, and the failure to provide a right or
  250  notice to a survivor under this section may not be used by a
  251  defendant to seek to have the conviction or sentence set aside
  252  under rule 3.850, Florida Rules of Criminal Procedure.
  253         2.The failure of a law enforcement agency to take
  254  possession of a sexual offense evidence kit as provided in this
  255  section or to submit such kit to the crime laboratory for
  256  analysis within the time specified in this section does not
  257  alter the authority of a law enforcement agency to take such
  258  possession, submit such kit, or upload the DNA profile obtained
  259  from such kit into the CODIS as provided in s. 943.325. The
  260  failure to comply with this section does not constitute grounds
  261  in any criminal or civil proceeding for challenging the validity
  262  of a database match or any database information, and any
  263  evidence obtained from such DNA profile may not be excluded by a
  264  court on such grounds.
  265         (i)A sexual offense evidence kit may not be used:
  266         1.To prosecute a survivor for any misdemeanor crime or any
  267  crime defined in chapter 893; or
  268         2.As a basis to search for further evidence relating to
  269  any unrelated misdemeanor crime or any crime defined in chapter
  270  893 which may have been committed by the survivor.
  271         (8)NOTICE TO SURVIVORS.—
  272         (a)Upon initial interaction with a survivor, a law
  273  enforcement officer or a medical provider shall provide the
  274  survivor with a document, to be developed by the Attorney
  275  General and signed by the survivor to confirm receipt, which
  276  explains the rights of survivors pursuant to this section and
  277  other relevant law in clear language that is comprehensible to a
  278  person proficient in English at a fifth-grade level, accessible
  279  to persons with visual disabilities, and available in all widely
  280  used languages in this state. Such document must include, but is
  281  not limited to:
  282         1.A clear statement that a survivor is not required to
  283  participate in the legal or criminal justice systems or receive
  284  a medical evidentiary or forensic physical examination in order
  285  to retain the rights provided in this section and other relevant
  286  law.
  287         2.Telephone and Internet means of contacting nearby rape
  288  crisis centers and sexual assault counselors.
  289         3.Law enforcement protection available to the survivor,
  290  including temporary protection orders, and the process to obtain
  291  such protection.
  292         4.Instructions for requesting the results of the analysis
  293  of the survivor’s sexual offense evidence kit.
  294         5.State and federal compensation funds for medical and
  295  other costs associated with the sexual offense, and information
  296  on any municipal, state, or federal right to restitution
  297  available to the survivor if there is a criminal trial.
  298         (b)A law enforcement officer shall, upon written request
  299  from a survivor, furnish, within 15 days after receipt of such
  300  request, a free, complete, and unaltered copy of all law
  301  enforcement reports concerning the sexual offense, regardless of
  302  whether the report has been closed by the law enforcement
  303  agency.
  304         (c)A prosecutor shall, upon written request from a
  305  survivor, provide:
  306         1.Timely notice of any pretrial disposition of the case as
  307  provided in s. 16(b)(6)a., Art. I of the State Constitution.
  308         2.Prompt and timely notice of the final disposition of the
  309  case, including the conviction, sentence, and location and time
  310  of incarceration as provided in s. 960.001(1)(a)7.
  311         3.Timely notice when a convicted defendant receives a
  312  temporary, provisional, or final release from custody, escapes
  313  from custody, is moved from a secure facility to a less-secure
  314  facility, or reenters custody as provided in s. 16(b)(6)a., Art.
  315  I of the State Constitution.
  316         4.A convicted defendant’s information contained in a
  317  sexual offender registry, if any.
  318         (9)CAUSE OF ACTION.-
  319         (a)This subsection applies to all violations of this
  320  section, regardless of whether they are subject to any other law
  321  of this state, and does not supersede, amend, or repeal any
  322  other law of this state under which the Attorney General is
  323  authorized to take any action or conduct any inquiry according
  324  to law.
  325         (b)Each person, corporation, agency, officer, or employee
  326  who has a responsibility to survivors under this section and
  327  other relevant law shall make reasonable efforts to become
  328  informed of these rights and responsibilities to ensure that
  329  survivors and witnesses receive the information and services to
  330  which they are entitled under applicable law.
  331         (c)If the Attorney General believes from satisfactory
  332  evidence that any person, corporation, agency, officer, or
  333  employee has failed to make efforts as required under paragraph
  334  (7)(a) or has violated any of the rights in this section, the
  335  Attorney General may bring an action in the name and on behalf
  336  of the people of the state to enjoin such acts or practices,
  337  including proceeding for any survivors directly or indirectly
  338  affected by such act or omission.
  339         (d)If, after investigation, the Attorney General
  340  determines that there is a reasonable cause to proceed with an
  341  action, and before any violation of this section is sought to be
  342  enjoined, the Attorney General shall give notice by certified
  343  mail to the person against whom the proceeding is contemplated
  344  and allow such person an opportunity to demonstrate in writing
  345  within 5 business days after receipt of notice why proceedings
  346  should not be instituted against such person, unless the
  347  Attorney General finds, in any case in which he or she seeks
  348  preliminary relief, that giving the notice and opportunity is
  349  not in the public’s best interest.
  350         (e)In any action under this subsection, it is a complete
  351  defense that the act or practice is subject to and complies with
  352  the rules and regulations of, and the laws administered by, any
  353  department, division, commission, or agency of the United States
  354  as such rules, regulations, or laws are interpreted by the
  355  department, division, commission, or agency of the federal
  356  courts.
  357         (f)In connection with any proposed proceeding under this
  358  section, the Attorney General may take evidence, make a
  359  determination of the relevant facts, and issue subpoenas in
  360  accordance with the Florida Rules of Civil Procedure.
  361         (g)In addition to the right of action granted to the
  362  Attorney General pursuant to this subsection, any person who has
  363  been injured by reason of any violation of this section or the
  364  rights provided in this section may bring an action in his or
  365  her own name to enjoin such unlawful act or practice, or to
  366  recover his or her actual damages or $1,000, whichever is
  367  greater, or both actions. The court may increase the award of
  368  damages to an amount not to exceed three times the actual
  369  damages, up to $6,000, if the court finds the defendant
  370  willfully or knowingly violated this section.
  371         (h)The court may award reasonable attorney fees to a
  372  prevailing plaintiff.
  373         (10)CREATION OF TRACKING SYSTEM FOR SEXUAL OFFENSE
  374  EVIDENCE KITS.—By July 1, 2020, the Department of Legal Affairs
  375  shall establish, in consultation with the Department of Law
  376  Enforcement, a system for tracking sexual offense evidence kits
  377  which allows a sexual assault survivor to track by telephone or
  378  Internet the location and status of the survivor’s kit. Once
  379  established, whoever administers a kit shall furnish the
  380  survivor with written instructions, which must be developed by
  381  the Department of Legal Affairs, regarding how to use and access
  382  the tracking system.
  383         (11)REPORTING ON THE INVENTORY OF SEXUAL OFFENSE EVIDENCE
  384  KITS.—
  385         (a)Initial inventory report of unanalyzed sexual offense
  386  evidence kits.—
  387         1.By October 1, 2020, each law enforcement agency and
  388  department tasked with the collection, maintenance, storage, or
  389  preservation of sexual offense evidence kits shall create and
  390  submit to the Auditor General an initial inventory report of all
  391  kits being stored by such agency or department which have not
  392  been submitted for analysis as of July 1, 2020.
  393         2.By January 1, 2021, the Auditor General shall prepare
  394  and submit to the President of the Senate and the Speaker of the
  395  House of Representatives, and post on its publicly accessible
  396  Internet website, a report identifying the number of unanalyzed
  397  sexual offense evidence kits being stored by each law
  398  enforcement agency or department, the date on which each kit was
  399  collected, the corresponding statute of limitations for
  400  prosecution of the crime associated with each kit, and a plan,
  401  developed in consultation with such agency or department, for
  402  analyzing such kits.
  403         (b)Annual report.
  404         1.After the submission of the initial inventory report
  405  described in subparagraph (a)1., the Department of Law
  406  Enforcement and the Department of Health shall annually obtain
  407  from each law enforcement agency and department tasked with the
  408  collection, maintenance, storage, and preservation of sexual
  409  offense evidence kits an updated inventory of the unanalyzed
  410  sexual offense evidence kits being stored by the agency or
  411  department, the number of kits collected by each law enforcement
  412  agency or department since the last inventory was created, the
  413  date each kit was collected, the number of kits analyzed and
  414  remaining unanalyzed by each agency or department, the amount of
  415  time taken for each kit to be analyzed, and the corresponding
  416  statute of limitations for prosecution of the crime associated
  417  with each kit.
  418         2.By March 1, 2021, and each March 1 thereafter, the
  419  Auditor General shall compile all of the data obtained by the
  420  Department of Law Enforcement and the Department of Health into
  421  an annual report, which must be posted on its publicly
  422  accessible Internet website and submitted to the President of
  423  the Senate and the Speaker of the House of Representatives.
  424         (12)LEGAL PROCEDURES.—
  425         (a)In a civil or criminal case relating to a sexual
  426  offense, a survivor has the right to be reasonably protected
  427  from the defendant and persons acting on behalf of the defendant
  428  as provided in s. 16(b)(3), Art. I of the State Constitution.
  429         (b)A survivor has the right to be free from intimidation,
  430  harassment, and abuse as provided in s. 16(b)(2), Art. I of the
  431  State Constitution. A court shall make reasonable efforts to
  432  provide the survivor and his or her family members, friends,
  433  witnesses, and attorneys with a secure waiting area that is
  434  separate from the waiting area of the defendant and the
  435  defendant’s family members, friends, witnesses, and attorneys,
  436  and separate from the prosecutor’s office.
  437         (c)A survivor has the right to be treated with fairness
  438  and respect for his or her privacy and dignity as provided in s.
  439  960.001 and s. 16(b)(1), Art. I of the State Constitution. A
  440  court shall, upon the request of the survivor, clear the
  441  courtroom of all persons when the survivor is testifying
  442  regarding the sexual offense in any civil or criminal trial,
  443  except that parties to the case and their immediate family
  444  members or guardians, attorneys, and personnel working at the
  445  attorney’s direction; officers of the court, jurors, newspaper
  446  reporters or broadcasters, and court reporters; and, with the
  447  consent of the survivor, witnesses designated by the prosecutor
  448  may remain in the courtroom.
  449         (d)A survivor may not be asked or required to submit to a
  450  polygraph examination as a prerequisite to filing an accusatory
  451  pleading, as provided in s. 960.001(1)(t), or to participating
  452  in any part of the legal or criminal justice systems.
  453         (e)A survivor has the right to be heard through a survivor
  454  impact statement at any proceeding involving a postarrest
  455  release decision, plea, sentencing, postconviction release
  456  decision, or any other proceeding in which a right of the
  457  survivor is at issue, as provided in s. 960.001(1)(k), and the
  458  right to provide a sentencing recommendation to the probation
  459  department official conducting a presentence investigation, as
  460  provided in s. 16(b)(6)d., Art. I of the State Constitution.
  461         Section 3. Section 943.326, Florida Statutes, is amended to
  462  read:
  463         943.326 DNA evidence collected in sexual offense
  464  investigations.—
  465         (1) A sexual offense evidence kit, or other DNA evidence if
  466  a kit is not collected, must be submitted to a member of the
  467  statewide criminal analysis laboratory system under s. 943.32
  468  for forensic testing within 5 30 days after receipt of the
  469  evidence by a law enforcement agency, regardless of whether the
  470  alleged victim has chosen to exercise his or her right to file a
  471  report of the sexual offense to the law enforcement agency,
  472  unless the victim requests in writing that the criminal analysis
  473  laboratory defer analysis of the sexual offense evidence kit:
  474         (a)Receipt of the evidence by a law enforcement agency if
  475  a report of the sexual offense is made to the law enforcement
  476  agency; or
  477         (b)A request to have the evidence tested is made to the
  478  medical provider or the law enforcement agency by:
  479         1.The alleged victim;
  480         2.The alleged victim’s parent, guardian, or legal
  481  representative, if the alleged victim is a minor; or
  482         3.The alleged victim’s personal representative, if the
  483  alleged victim is deceased.
  484         (2) An alleged victim or, if the alleged victim is a minor,
  485  his or her parent, guardian, or legal representative, unless
  486  such person is the alleged assailant, if applicable, the person
  487  representing the alleged victim under subparagraph (1)(b)2. or
  488  3. must be informed of the purpose of submitting evidence for
  489  testing and the right to request testing under subsection (1)
  490  by:
  491         (a) A medical provider conducting a forensic physical
  492  examination for purposes of a sexual offense evidence kit; or
  493         (b) A law enforcement agency that collects other DNA
  494  evidence associated with the sexual offense if a kit is not
  495  collected under paragraph (a).
  496         (3) A collected sexual offense evidence kit must be
  497  retained in a secure, environmentally safe manner for a minimum
  498  of 20 years, or until the survivor reaches 40 years of age if
  499  the survivor was a minor when the sexual offense occurred,
  500  before it is destroyed until the prosecuting agency has approved
  501  its destruction.
  502         (4) By July 1, 2021 January 1, 2017, the department and
  503  each laboratory within the statewide criminal analysis
  504  laboratory system, in coordination with the Florida Council
  505  Against Sexual Violence, shall adopt and disseminate guidelines
  506  and procedures for the collection, submission, and testing of
  507  DNA evidence that is obtained in connection with an alleged
  508  sexual offense. The timely submission and testing of sexual
  509  offense evidence kits is a core public safety issue. Testing of
  510  sexual offense evidence kits must be completed no later than 60
  511  120 days after submission to a member of the statewide criminal
  512  analysis laboratory system.
  513         (a) The guidelines and procedures must include the
  514  requirements of this section, standards for how evidence is to
  515  be packaged for submission, what evidence must be submitted to a
  516  member of the statewide criminal analysis laboratory system, and
  517  timeframes for when the evidence must be submitted, analyzed,
  518  and compared to DNA databases.
  519         (b) The testing requirements of this section are satisfied
  520  when a member of the statewide criminal analysis laboratory
  521  system tests the contents of the sexual offense evidence kit in
  522  an attempt to identify the foreign DNA attributable to a
  523  suspect. If a sexual offense evidence kit is not collected, the
  524  laboratory may receive and examine other items directly related
  525  to the crime scene, such as clothing or bedding or personal
  526  items left behind by the suspect. If probative information is
  527  obtained from the testing of the sexual offense evidence kit,
  528  the examination of other evidence should be based on the
  529  potential evidentiary value to the case and determined through
  530  cooperation among the investigating agency, the laboratory, and
  531  the prosecutor.
  532         (5) A violation of this section does not create:
  533         (a) A cause of action or a right to challenge the admission
  534  of evidence.
  535         (b) A cause of action for damages or any other relief.
  536         Section 4. This act shall take effect July 1, 2020.