Senate Bill sb0144
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Florida Senate - 2003 SB 144
By Senator Cowin
20-140-03
1 A bill to be entitled
2 An act relating to services for victims of
3 sexual assault; providing legislative intent
4 with respect to enhancing the availability of
5 services to victims of sexual assault; creating
6 the "Sexual Assault Victims' Access to Services
7 Act"; providing definitions; authorizing the
8 Department of Health to contract with a
9 statewide nonprofit agency for the purpose of
10 allocating funds to rape crisis centers;
11 requiring that funds to used to provide
12 services to victims of sexual assault and
13 victims' families; providing requirements for
14 distributing funds; requiring an annual report
15 to the Legislature on the use of funds;
16 providing for an assessment of an additional
17 court cost against any person who pleads guilty
18 or nolo contendere to, or who is found guilty
19 of an act of sexual battery; providing for
20 deposit of the court cost into the Rape Crisis
21 Program Trust Fund; providing for the trust
22 fund to be used to support rape crisis centers;
23 providing an effective date.
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25 Be It Enacted by the Legislature of the State of Florida:
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27 Section 1. It is the intent of the Legislature to
28 establish an administrative framework whereby public funds may
29 be used effectively and efficiently to enhance the
30 availability of services to victims of sexual assault in this
31 state. The Legislature finds there is a lack of adequate
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Florida Senate - 2003 SB 144
20-140-03
1 services available to victims of sexual assault. The purpose
2 of this act is to make services available to each victim of
3 sexual assault in this state by establishing a streamlined
4 method for using available state funds to achieve this goal.
5 Section 2. Access to services for victims of sexual
6 assault.--
7 (1) This section may be cited as the "Sexual Assault
8 Victims' Access to Services Act."
9 (2) As used in this section, the term:
10 (a) "Department" means the Department of Health.
11 (b) "Rape crisis center" means a public or private
12 agency that offers assistance to victims of sexual assault or
13 sexual battery and to victims' families.
14 (c) "Sexual assault services" means one or more of the
15 following services for victims:
16 1. A telephone hotline that is operated 24 hours a day
17 and answered by a sexual assault counselor or trained
18 volunteer, as defined in section 90.5035, Florida Statutes.
19 2. Information and referral services.
20 3. Crisis-intervention services.
21 4. Advocacy services.
22 5. Support services.
23 6. Therapy services.
24 7. Service coordination.
25 8. Medical intervention.
26 9. Programs to promote community awareness of
27 available services.
28 (d) "Victim" means a person who consults a sexual
29 assault counselor or a trained volunteer for the purpose of
30 securing advice, counseling, or assistance concerning a
31 mental, physical, or emotional condition caused by a sexual
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Florida Senate - 2003 SB 144
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1 assault or sexual battery, an alleged sexual assault or sexual
2 battery, or an attempted sexual assault or sexual battery.
3 (3)(a) The department has all powers necessary to
4 administer this section, including, but not limited to, the
5 power to contract with a statewide not-for-profit organization
6 that represents victims and provides funding, training, and
7 technical assistance to rape crisis programs for the purpose
8 of allocating funds to rape crisis centers. The contract
9 organization must qualify as a charitable organization under
10 s. 501(c)(3) of the Internal Revenue Code.
11 (b) Funds received under section 3 of this act shall
12 be used to provide sexual assault services to victims and
13 their families. At least 80 percent of the funds shall be
14 distributed annually to local rape crisis centers that provide
15 at least five sexual assault services. Funds shall be
16 distributed by county, based on an allocation formula that
17 takes into account the population and rural characteristics of
18 the county. At least 15 percent of the funds may be used for
19 statewide initiatives, including developing service standards
20 and a certification process for rape crisis centers. Not more
21 than 5 percent of funds may be used for administrative costs.
22 (c) The department shall ensure that funds allocated
23 under this section are expended in a manner that is consistent
24 with the requirements of the section. The department may
25 require an annual audit of the expenditures and shall provide
26 a report to the Legislature by February 1 of each year.
27 Section 3. Assessment of additional costs to fund rape
28 crisis programs.
29 (1) When a person pleads guilty or nolo contendere to,
30 or is found guilty of, regardless of adjudication, an act of
31 sexual battery as defined in section 794.011, Florida
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Florida Senate - 2003 SB 144
20-140-03
1 Statutes, in addition to any other cost or penalty imposed by
2 law, the court shall assess an additional cost in the amount
3 of $151. The court shall assess this additional cost unless
4 the court specifically waives the assessment on the record.
5 (2) The court shall require payment of the assessment
6 as a condition of probation, community control, or any other
7 court-ordered supervision.
8 (3) The clerk of the court shall collect the
9 assessment and transfer $150 to the State Treasury for deposit
10 into the Rape Crisis Program Trust Fund. The clerk shall
11 retain $1 from the assessment as a processing fee. Payments
12 made while an offender is incarcerated shall be forwarded to
13 the State Treasury for deposit into the trust fund.
14 Section 4. This act shall take effect July 1, 2003.
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17 SENATE SUMMARY
18 Creates the "Sexual Assault Victims' Access to Services
Act." Requires the Department of Health to contract with
19 a statewide nonprofit agency to allocate funds to rape
crisis centers throughout the state. Imposes an
20 additional court cost of $151 against any person who
pleads guilty or nolo contendere to, or who is found
21 guilty of an act of sexual battery. Provides for deposit
of the court cost into the Rape Crisis Program Trust
22 Fund. Requires that moneys in the trust fund be used to
provide services to victims of sexual assault and
23 victims' families. (See bill for details.)
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