Florida Senate - 2022                       CS for CS for SB 772
       
       
        
       By the Committees on Rules; and Children, Families, and Elder
       Affairs; and Senators Diaz and Perry
       
       
       
       
       595-02957B-22                                          2022772c2
    1                        A bill to be entitled                      
    2         An act relating to the protection of victims and
    3         witnesses; amending s. 92.55, F.S.; replacing the term
    4         “sexual offense victim or witness” with “sexual
    5         offense victim”; defining the term “sexual offense
    6         victim”; revising the standard for orders to protect
    7         certain testifying victims and witnesses; prohibiting
    8         depositions of certain victims and witnesses in
    9         certain proceedings without a showing of good cause;
   10         authorizing the court to allow such depositions under
   11         certain circumstances; revising factors to be
   12         considered by a court in a motion seeking to protect a
   13         victim or witness; revising provisions related to
   14         available relief; requiring the court to appoint a
   15         guardian ad litem or other advocate for the deponent
   16         under certain circumstances; authorizing the court to
   17         request the aid of an interpreter; requiring the court
   18         to make specific findings of fact on the record for
   19         certain orders and rulings; making technical changes;
   20         requiring the University of South Florida, in
   21         consultation with a specified organization, to develop
   22         and submit a proposal to the Attorney General for the
   23         creation of a unified statewide data repository for
   24         anonymous human trafficking data; providing
   25         requirements for the proposal; providing an effective
   26         date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 92.55, Florida Statutes, is amended to
   31  read:
   32         92.55 Judicial or other proceedings involving certain
   33  victims and witnesses victim or witness under the age of 18, a
   34  person who has an intellectual disability, or a sexual offense
   35  victim or witness; special protections; use of therapy animals
   36  or facility dogs.—
   37         (1) For purposes of this section, the term:
   38         (a)“Facility dog” means a dog that has been trained,
   39  evaluated, and certified as a facility dog pursuant to industry
   40  standards and provides unobtrusive emotional support to children
   41  and adults in facility settings.
   42         (c)(a) “Sexual offense victim or witness” means a person
   43  who was under the age of 18 when he or she was the victim of or
   44  a witness to a sexual offense.
   45         (b) “Sexual offense” means any offense specified in s.
   46  775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I).
   47         (d)“Therapy animal” means an animal that has been trained,
   48  evaluated, and certified as a therapy animal pursuant to
   49  industry standards by an organization that certifies animals as
   50  appropriate to provide animal therapy.
   51         (2) Upon motion of any party;, upon motion of a parent,
   52  guardian, attorney, guardian ad litem, or other advocate
   53  appointed by the court under s. 914.17 for a victim or witness
   54  under the age of 18, a person who has an intellectual
   55  disability, or a sexual offense victim; or witness, or upon its
   56  own motion, the court may enter any order necessary to protect
   57  the person victim or witness in any judicial proceeding or other
   58  official proceeding from moderate severe emotional or mental
   59  harm due to the presence of the defendant if the victim or
   60  witness is required to testify in open court. Such orders must
   61  relate to the taking of testimony and include, but are not
   62  limited to:
   63         (a) Interviewing or the taking of depositions as part of a
   64  civil or criminal proceeding.
   65         (b) Examination and cross-examination for the purpose of
   66  qualifying as a witness or testifying in any proceeding.
   67         (c) The use of testimony taken outside of the courtroom,
   68  including proceedings under ss. 92.53 and 92.54.
   69         (3)(a)Depositions are not allowed, except upon a showing
   70  of good cause, of victims or witnesses younger than the age of
   71  18, persons who have intellectual disabilities, or sexual
   72  offense victims in proceedings involving any of the following:
   73         1.Abuse, abandonment, or neglect of children under chapter
   74  39.
   75         2.Any offense constituting domestic violence as defined in
   76  s. 741.28.
   77         3.Murder under s. 782.04.
   78         4.Manslaughter under s. 782.07.
   79         5.Aggravated cyberstalking under s. 784.048.
   80         6.Kidnapping under s. 787.01.
   81         7.False imprisonment under s. 787.02.
   82         8.Human trafficking under s. 787.06.
   83         9.Sexual battery under s. 794.011.
   84         10.Lewd or lascivious offenses under s. 800.04 or s.
   85  825.1025.
   86         11.Child abuse or neglect of a child under s. 827.03.
   87         12.Use of a child in a sexual performance under s.
   88  827.071.
   89         13.Computer pornography under s. 847.0135 or the
   90  transmission of pornography by electronic device or equipment
   91  under s. 847.0137.
   92         (b)Upon written motion and written findings that a
   93  deposition is necessary to assist a trial, that the evidence
   94  sought is not reasonably available by any other means, and that
   95  the probative value of the testimony outweighs the potential
   96  detriment to the person to be deposed, the court may authorize
   97  the taking of a deposition and may order protections deemed
   98  necessary, including those provided in this section.
   99         (4)(3) In ruling upon a the motion filed under this
  100  section, the court may shall consider:
  101         (a) The age of the victim or witness. child,
  102         (b) The nature of the offense or act.,
  103         (c)The complexity of the issues involved.
  104         (d) The relationship of the victim or witness child to the
  105  parties in the case or to the defendant in a criminal action.,
  106         (e) The degree of emotional or mental harm trauma that will
  107  result to the child as a consequence of the examination,
  108  interview, or testimony. defendant’s presence, and
  109         (f)The functional capacity of the victim or witness if he
  110  or she has an intellectual disability.
  111         (g)The age of the sexual offense victim when the sexual
  112  offense occurred.
  113         (h) Any other fact that the court deems relevant;
  114         (b)The age of the person who has an intellectual
  115  disability, the functional capacity of such person, the nature
  116  of the offenses or act, the relationship of the person to the
  117  parties in the case or to the defendant in a criminal action,
  118  the degree of emotional trauma that will result to the person as
  119  a consequence of the defendant’s presence, and any other fact
  120  that the court deems relevant; or
  121         (c) The age of the sexual offense victim or witness when
  122  the sexual offense occurred, the relationship of the sexual
  123  offense victim or witness to the parties in the case or to the
  124  defendant in a criminal action, the degree of emotional trauma
  125  that will result to the sexual offense victim or witness as a
  126  consequence of the defendant’s presence, and any other fact that
  127  the court deems relevant.
  128         (5)(4) In addition to such other relief provided by law,
  129  the court may enter orders it deems just and appropriate for the
  130  protection of limiting the number of times that a child, a
  131  person who has an intellectual disability, or a sexual offense
  132  victim, including limiting the number of times a victim or
  133  witness may be interviewed, limiting the length and scope of a
  134  deposition, requiring a deposition to be taken only by written
  135  questions, requiring a deposition to be in the presence of a
  136  trial judge or magistrate, sealing the tape or transcript of a
  137  deposition until further order of the court, allowing use of a
  138  therapy animal or facility dog prohibiting depositions of the
  139  victim or witness, requiring the submission of questions before
  140  the examination of the victim or witness, setting the place and
  141  conditions for interviewing the victim or witness or for
  142  conducting any other proceeding, or permitting or prohibiting
  143  the attendance of any person at any proceeding. The court shall
  144  enter any order necessary to protect the rights of all parties,
  145  including the defendant in any criminal action.
  146         (6) Section 794.022 applies to depositions taken pursuant
  147  to this section. If a deposition is taken pursuant to this
  148  section, the court must appoint a guardian ad litem or other
  149  advocate pursuant to s. 914.17 to represent the deponent for the
  150  purposes of the deposition if the deponent does not already have
  151  counsel.
  152         (7) The court, on its own motion or that of any party, may
  153  request the aid of an interpreter, as provided in s. 90.606, to
  154  aid the parties in formulating methods of questioning the child,
  155  the person who has an intellectual disability, or the sexual
  156  offense victim and in interpreting his or her answers during
  157  proceedings conducted under this section.
  158         (8) The court shall make specific findings of fact on the
  159  record as to the basis for its orders and rulings under this
  160  section.
  161         (5) The court may set any other conditions it finds just
  162  and appropriate when taking the testimony of a victim or witness
  163  under the age of 18, a person who has an intellectual
  164  disability, or a sexual offense victim or witness, including the
  165  use of a therapy animal or facility dog, in any proceeding
  166  involving a sexual offense or child abuse, abandonment, or
  167  neglect.
  168         (a) When deciding whether to permit a victim or witness
  169  under the age of 18, a person who has an intellectual
  170  disability, or a sexual offense victim or witness to testify
  171  with the assistance of a therapy animal or facility dog, the
  172  court shall consider the age of the child victim or witness, the
  173  age of the sexual offense victim or witness at the time the
  174  sexual offense occurred, the interests of the child victim or
  175  witness or sexual offense victim or witness, the rights of the
  176  parties to the litigation, and any other relevant factor that
  177  would facilitate the testimony by the victim or witness under
  178  the age of 18, person who has an intellectual disability, or
  179  sexual offense victim or witness.
  180         (b) For purposes of this subsection the term:
  181         1. “Facility dog” means a dog that has been trained,
  182  evaluated, and certified as a facility dog pursuant to industry
  183  standards and provides unobtrusive emotional support to children
  184  and adults in facility settings.
  185         2. “Therapy animal” means an animal that has been trained,
  186  evaluated, and certified as a therapy animal pursuant to
  187  industry standards by an organization that certifies animals as
  188  appropriate to provide animal therapy.
  189         Section 2. By October 1, 2022, the University of South
  190  Florida, in consultation with the Florida Alliance to End Human
  191  Trafficking, shall develop and submit a proposal to the Attorney
  192  General for the creation of a unified statewide data repository
  193  for anonymous human trafficking data. The proposal must house
  194  the data repository within the University of South Florida’s
  195  Trafficking in PersonsRisk to Resilience Research Lab and must
  196  outline the need for a unified data repository to serve as a
  197  portal to collect and analyze anonymous statewide human
  198  trafficking data, to inform statewide efforts to combat human
  199  trafficking, and to better serve victims of human trafficking.
  200  The proposal should consider and recommend various funding
  201  mechanisms to establish and operate the data repository,
  202  including the potential for use of institutional and privately
  203  donated funds.
  204         Section 3. This act shall take effect upon becoming a law.