Senate Bill sb0144c2

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    Florida Senate - 2003                     CS for CS for SB 144

    By the Committees on Appropriations; Criminal Justice; and
    Senators Cowin, Fasano, Sebesta and Argenziano




    309-2329-03

  1                      A bill to be entitled

  2         An act relating to sexual assault victims;

  3         providing legislative intent; providing a short

  4         title; providing definitions; requiring the

  5         Department of Health by contract to represent

  6         and provide technical assistance to rape crisis

  7         centers; providing procedures for the

  8         distribution of certain funds; creating s.

  9         938.085, F.S.; imposing a surcharge on certain

10         violations to fund rape crisis centers;

11         providing an appropriation; providing an

12         effective date.

13  

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

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16         Section 1.  The Legislature intends through this act to

17  make services available to each victim of sexual assault in

18  this state.

19         Section 2.  Access to services for victims of sexual

20  assault.--

21         (1)  This section may be cited as the "Sexual Assault

22  Victims' Access to Services Act."

23         (2)  As used in this section, the term:

24         (a)  "Department" means the Department of Health.

25         (b)  "Rape crisis center" means any public or private

26  agency that offers at least five of the sexual assault

27  recovery services in paragraph (f) to victims and their

28  families.

29         (c)  A "sexual assault counselor" is any employee of a

30  rape crisis center whose primary purpose is the rendering of

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    Florida Senate - 2003                     CS for CS for SB 144
    309-2329-03




 1  advice, counseling, or assistance to victims of sexual assault

 2  or sexual battery.

 3         (d)  A "trained volunteer" is a person who volunteers

 4  at a rape crisis center, has completed 30 hours of training in

 5  assisting victims of sexual violence and related topics

 6  provided by the rape crisis center, is supervised by members

 7  of the staff of the rape crisis center, and is included on a

 8  list of volunteers that is maintained by the rape crisis

 9  center.

10         (e)  A "victim" is a person who consults a sexual

11  assault counselor or a trained volunteer for the purpose of

12  securing advice, counseling, or assistance concerning a

13  mental, physical, or emotional condition caused by a sexual

14  assault or sexual battery, an alleged sexual assault or sexual

15  battery, or an attempted sexual assault or sexual battery.

16         (f)  "Sexual assault recovery services" include the

17  following services provided to victims by a rape crisis

18  center:

19         1.  A telephone hotline that is operated 24 hours a day

20  and answered by a sexual assault counselor or trained

21  volunteer, as defined in section 90.5035, Florida Statutes.

22         2.  Information and referral services.

23         3.  Crisis-intervention services.

24         4.  Advocacy services.

25         5.  Support services.

26         6.  Therapy services.

27         7.  Service coordination.

28         8.  Medical intervention.

29         9.  Programs to promote community awareness of

30  available services.

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    Florida Senate - 2003                     CS for CS for SB 144
    309-2329-03




 1         (3)(a)  The department shall contract with a statewide

 2  nonprofit association whose primary purpose if to represent

 3  and provide technical assistance to rape crisis centers. This

 4  association shall receive 95 percent of the Rape Crisis Center

 5  Trust Fund.

 6         (b)  Funds received under section 938.085, Florida

 7  Statutes, shall be used to provide sexual assault recovery

 8  services to victims and their families. Funds shall be

 9  distributed by county, based on an allocation formula that

10  takes into account the population and rural characteristics of

11  the county. No more than 15 percent of the funds shall be used

12  for statewide initiatives, including developing service

13  standards and a certification process for rape crisis centers.

14  Not more than 5 percent of funds may be used for

15  administrative costs.

16         (c)  The department shall ensure that funds allocated

17  under this section are expended in a manner that is consistent

18  with the requirements of the section. The department may

19  require an annual audit of the expenditures and shall provide

20  a report to the Legislature by February 1 of each year.

21         Section 3.  Section 938.085, Florida Statutes, is

22  created to read:

23         938.085  Additional cost to fund rape crisis

24  centers.--In addition to any sanction imposed for a violation

25  of s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045,

26  s. 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s.

27  784.083, s. 784.085, or s. 794.011, the court shall impose a

28  surcharge of $151. Payment of the surcharge shall be a

29  condition of probation, community control, or any other

30  court-ordered supervision. The sum of $150 of the surcharge

31  shall be deposited into the Rape Crisis Program Trust Fund.

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    Florida Senate - 2003                     CS for CS for SB 144
    309-2329-03




 1  The clerk of the court shall retain $1 of each surcharge that

 2  the clerk of the court collects as a service charge of the

 3  clerk's office.

 4         Section 4.  The sum of $917,000 is appropriated from

 5  the Rape Crisis Program Trust Fund to the Department of Health

 6  for the purpose of implementing this act during the 2003-2004

 7  fiscal year.

 8         Section 5.  This act shall take effect July 1, 2003.

 9  

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                      CS for Senate Bill 144

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13  The Committee Substitute provides an appropriation of $917,000
    from the Rape Crisis Program Trust Fund to the Department of
14  Health.

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