HB 0173 2003
1	A bill to be entitled
2	An act relating to services for victims of sexual assault;
3	providing legislative intent with respect to enhancing the
4	availability of services to victims of sexual assault;
5	creating the "Sexual Assault Victims' Access to Services
6	Act"; providing definitions; authorizing the Department of
7	Health to contract with a statewide nonprofit agency for
8	the purpose of allocating funds to rape crisis centers;
9	requiring that funds to used to provide services to
10	victims of sexual assault and victims' families; providing
11	requirements for distributing funds; requiring an annual
12	report to the Legislature on the use of funds; providing
13	for an assessment of an additional court cost against any
14	person who pleads guilty or nolo contendere to, or who is
15	found guilty of an act of sexual battery; providing for
16	deposit of the court cost into the Rape Crisis Program
17	Trust Fund; providing for the trust fund to be used to
18	support rape crisis centers; providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.It is the intent of the Legislature to
23	establish an administrative framework whereby public funds may
24	be used effectively and efficiently to enhance the availability
25	of services to victims of sexual assault in this state. The
26	Legislature finds there is a lack of adequate services available
27	to victims of sexual assault. The purpose of this act is to make
28	services available to each victim of sexual assault in this
29	state by establishing a streamlined method for using available
30	state funds to achieve this goal.
31	Section 2.Access to services for victims of sexual
32	assault.--
33	(1) This section may be cited as the "Sexual Assault
34	Victims' Access to Services Act."
35	(2) As used in this section, the term:
36	(a) "Department" means the Department of Health.
37	(b) "Rape crisis center" means a public or private agency
38	that offers assistance to victims of sexual assault or sexual
39	battery and to victims' families.
40	(c) "Sexual assault services" means one or more of the
41	following services for victims:
42	1. A telephone hotline that is operated 24 hours a day and
43	answered by a sexual assault counselor or trained volunteer, as
44	defined in section 90.5035, Florida Statutes.
45	2. Information and referral services.
46	3. Crisis-intervention services.
47	4. Advocacy services.
48	5. Support services.
49	6. Therapy services.
50	7. Service coordination.
51	8. Medical intervention.
52	9. Programs to promote community awareness of available
53	services.
54	(d) "Victim" means a person who consults a sexual assault
55	counselor or a trained volunteer for the purpose of securing
56	advice, counseling, or assistance concerning a mental, physical,
57	or emotional condition caused by a sexual assault or sexual
58	battery, an alleged sexual assault or sexual battery, or an
59	attempted sexual assault or sexual battery.
60	(3)(a) The department has all powers necessary to
61	administer this section, including, but not limited to, the
62	power to contract with a statewide not-for-profit organization
63	that represents victims and provides funding, training, and
64	technical assistance to rape crisis programs for the purpose of
65	allocating funds to rape crisis centers. The contract
66	organization must qualify as a charitable organization under s.
67	501(c)(3) of the Internal Revenue Code.
68	(b) Funds received under section 3 of this act shall be
69	used to provide sexual assault services to victims and their
70	families. At least 80 percent of the funds shall be distributed
71	annually to local rape crisis centers that provide at least five
72	sexual assault services. Funds shall be distributed by county,
73	based on an allocation formula that takes into account the
74	population and rural characteristics of the county. At least 15
75	percent of the funds may be used for statewide initiatives,
76	including developing service standards and a certification
77	process for rape crisis centers. Not more than 5 percent of
78	funds may be used for administrative costs.
79	(c) The department shall ensure that funds allocated under
80	this section are expended in a manner that is consistent with
81	the requirements of the section. The department may require an
82	annual audit of the expenditures and shall provide a report to
83	the Legislature by February 1 of each year.
84	Section 3.Assessment of additional costs to fund rape
85	crisis programs.--
86	(1) When a person pleads guilty or nolo contendere to, or
87	is found guilty of, regardless of adjudication, an act of sexual
88	battery as defined in section 794.011, Florida Statutes, in
89	addition to any other cost or penalty imposed by law, the court
90	shall assess an additional cost in the amount of $151. The court
91	shall assess this additional cost unless the court specifically
92	waives the assessment on the record.
93	(2) The court shall require payment of the assessment as a
94	condition of probation, community control, or any other court-
95	ordered supervision.
96	(3) The clerk of the court shall collect the assessment
97	and transfer $150 to the State Treasury for deposit into the
98	Rape Crisis Program Trust Fund. The clerk shall retain $1 from
99	the assessment as a processing fee. Payments made while an
100	offender is incarcerated shall be forwarded to the State
101	Treasury for deposit into the trust fund.
102	Section 4. This act shall take effect July 1, 2003.
103