House Bill 0391

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 2000                 HB 391

        By Representative Levine






  1                      A bill to be entitled

  2         An act relating to witness protection; amending

  3         s. 914.25, F.S.; requiring the Department of

  4         Children and Family Services to conduct a child

  5         protective investigation under certain

  6         circumstances; requiring law enforcement

  7         agencies to provide specified protective

  8         services for certain victims or witnesses;

  9         requiring a signed statement when a victim or

10         witness declines such services; providing an

11         effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Subsection (4) of section 914.25, Florida

16  Statutes, is amended to read:

17         914.25  Protective services for certain victims and

18  witnesses.--

19         (4)(a)  When a victim or witness is certified as

20  provided in subsection (3), a law enforcement agency, in

21  consultation with the certifying state attorney or the

22  statewide prosecutor, shall may provide appropriate protective

23  services, including, but not limited to:

24         1.  Armed protection, escort services, marked or

25  unmarked surveillance, or periodic visits or contact by law

26  enforcement officials prior to, during, or subsequent to the

27  official proceeding.

28         2.  Temporary relocation to an alternate residence.

29         3.  Housing expenses.

30         4.  Transportation or storage of personal possessions.

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    Florida House of Representatives - 2000                 HB 391

    707-111-00






  1         5.  Basic living expenses such as room, board,

  2  utilities, general transportation costs, and health care.

  3         6.  Other services, as needed, and as approved by the

  4  statewide prosecutor or state attorney.

  5

  6  If a victim or witness needs to be temporarily relocated, the

  7  statewide prosecutor or the state attorney must notify the

  8  Department of Law Enforcement. The Department of Law

  9  Enforcement, in consultation with the statewide prosecutor or

10  the state attorney, and any other law enforcement agency

11  involved in the criminal investigation or prosecution, shall

12  coordinate the temporary relocation of the victim or witness.

13         (b)  Protective services, including temporary

14  relocation services, may be provided for up to 1 year or until

15  the risk giving rise to the certification has diminished,

16  whichever occurs sooner. If deemed necessary, the statewide

17  prosecutor or the state attorney may recertify a victim or

18  witness at risk of harm for an additional period of up to 1

19  year.

20         (c)  If the parent or guardian of a child certified by

21  the statewide prosecutor or the state attorney to be a

22  critical witness at risk of harm declines protective services,

23  the statewide prosecutor shall contact the Department of

24  Children and Family Services and request that the department

25  conduct an onsite child protective investigation pursuant to

26  s. 39.302 to determine if the child is a neglected child and

27  in need of protective services as provided under s. 39.303.

28         (d)  A victim or witness who refuses to accept

29  protective services shall provide the statewide prosecutor

30  with a signed statement declining the offer of protective

31  services.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                 HB 391

    707-111-00






  1         Section 2.  This act shall take effect upon becoming a

  2  law.

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  5                          HOUSE SUMMARY

  6
      Requires the Department of Children and Family Services
  7    to conduct a child protective investigation for a child
      certified by the statewide prosecutor or the state
  8    attorney to be a critical witness at risk of harm if the
      parent or guardian declines protective services.
  9    Requires a signed statement when a victim or witness
      declines such services. Requires law enforcement agencies
10    to provide specified protective services for identified
      victims or witnesses at risk of harm.
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