Senate Bill sb0144

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

24  

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

26  

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

                                  1

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






    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

                                  2

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






    Florida Senate - 2003                                   SB 144
    20-140-03




 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

                                  3

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






    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.

15  

16            *****************************************

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.)

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

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