Florida Senate - 2020                                      SB 84
       By Senator Book
       32-00096-20                                             202084__
    1                        A bill to be entitled                      
    2         An act relating to sexual battery; amending s.
    3         395.1021, F.S.; requiring certain licensed facilities
    4         to provide to victims of sexual assault information
    5         regarding emergency contraception and its
    6         availability, if requested; providing a definition;
    7         amending s. 794.011, F.S.; redefining the terms
    8         “consent” and “sexual battery”; providing an effective
    9         date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Subsection (1) of section 395.1021, Florida
   14  Statutes, is amended to read:
   15         395.1021 Treatment of sexual assault victims.—Any licensed
   16  facility which provides emergency room services shall arrange
   17  for the rendering of appropriate medical attention and treatment
   18  of victims of sexual assault through:
   19         (1) Such Gynecological, psychological, and medical services
   20  that may include, but are not limited to, providing to such
   21  victims, verbally and in writing, medically and factually
   22  accurate information regarding emergency contraception,
   23  including its use, efficacy, and availability at the facility,
   24  if requested as are needed by the victim. As used in this
   25  subsection, the term “emergency contraception” means a drug,
   26  medicine, oral hormonal compound, mixture, preparation,
   27  instrument, article, or device that is approved by the United
   28  States Food and Drug Administration and prevents a pregnancy
   29  after sexual intercourse. The term does not include a drug,
   30  medicine, oral hormonal compound, mixture, preparation,
   31  instrument, article, or device of any nature which is prescribed
   32  for the purpose of terminating a pregnancy.
   34  Such licensed facility shall also arrange for the protection of
   35  the victim’s anonymity while complying with the laws of this
   36  state and may encourage the victim to notify law enforcement
   37  personnel and to cooperate with them in apprehending the
   38  suspect.
   39         Section 2. Paragraphs (a) and (h) of subsection (1) of
   40  section 794.011, Florida Statutes, are amended, and subsection
   41  (8) of that section is republished, to read:
   42         794.011 Sexual battery.—
   43         (1) As used in this chapter:
   44         (a) “Consent” means intelligent, knowing, and voluntary
   45  consent and does not include coerced submission. “Consent” may
   46  shall not be deemed or construed to mean the failure by the
   47  alleged victim to offer physical resistance to the offender. A
   48  person may withdraw consent after he or she has given it.
   49         (h) “Sexual battery” means oral, anal, or vaginal
   50  penetration by, or union with, the sexual organ of another or
   51  the anal or vaginal penetration of another by any other object,
   52  or ejaculating on another person or his or her clothing;
   53  however, sexual battery does not include an act done for a bona
   54  fide medical purpose.
   55         (8) Without regard to the willingness or consent of the
   56  victim, which is not a defense to prosecution under this
   57  subsection, a person who is in a position of familial or
   58  custodial authority to a person less than 18 years of age and
   59  who:
   60         (a) Solicits that person to engage in any act which would
   61  constitute sexual battery under paragraph (1)(h) commits a
   62  felony of the third degree, punishable as provided in s.
   63  775.082, s. 775.083, or s. 775.084.
   64         (b) Engages in any act with that person while the person is
   65  12 years of age or older but younger than 18 years of age which
   66  constitutes sexual battery under paragraph (1)(h) commits a
   67  felony of the first degree, punishable by a term of years not
   68  exceeding life or as provided in s. 775.082, s. 775.083, or s.
   69  775.084.
   70         (c) Engages in any act with that person while the person is
   71  less than 12 years of age which constitutes sexual battery under
   72  paragraph (1)(h), or in an attempt to commit sexual battery
   73  injures the sexual organs of such person commits a capital or
   74  life felony, punishable pursuant to subsection (2).
   75         Section 3. This act shall take effect October 1, 2020.