HB 0173 2003
1	CHAMBER ACTION
2
3
4
5
6	The Committee on Future of Florida's Families recommends the
7	following:
8
9	Committee Substitute
10	Remove the entire bill and insert:
11
12	A bill to be entitled
13	An act relating to services for victims of sexual assault;
14	providing legislative intent with respect to enhancing the
15	availability of services to victims of sexual assault; creating
16	the “Sexual Assault Victims’ Access to Services Act”; providing
17	definitions; authorizing the Department of Health to contract
18	with a statewide nonprofit association for the purpose of
19	allocating funds to rape crisis centers; requiring that funds be
20	used to provide sexual assault recovery services to victims of
21	sexual assault and their families; providing requirements and
22	limitations with respect to distribution and use of funds;
23	requiring an annual report to the Legislature on the use of
24	funds; creating s. 938.085, F.S.; providing for an assessment of
25	an additional court cost against any person who pleads guilty or
26	nolo contendere to, or who is found guilty of, an act of sexual
27	battery or other specified crimes; providing for deposit of the
28	court cost into the Rape Crisis Program Trust Fund; providing
29	for the trust fund to be used to support rape crisis centers;
30	providing an effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1. It is the intent of the Legislature through
35	this act to make services available to each victim of sexual
36	assault in this state.
37	Section 2. Access to services for victims of sexual
38	assault.--
39	(1) This section may be cited by the popular name, the
40	"Sexual Assault Victims' Access to Services Act."
41	(2) As used in this section, the term:
42	(a) “Department” means the Department of Health.
43	(b) “Rape crisis center” means any public or private
44	agency that offers at least five of the sexual assault recovery
45	services in paragraph (f) to victims of sexual assault or sexual
46	battery and their families.
47	(c) “Sexual assault counselor” means any employee of a
48	rape crisis center whose primary purpose is the rendering of
49	advice, counseling, or assistance to victims of sexual assault
50	or sexual battery.
51	(d) “Trained volunteer” means a person who volunteers at a
52	rape crisis center, has completed 30 hours of training in
53	assisting victims of sexual violence and related topics provided
54	by the rape crisis center, is supervised by members of the staff
55	of the rape crisis center, and is included on a list of
56	volunteers that is maintained by the rape crisis center.
57	(e) “Victim” means a person who consults a sexual assault
58	counselor or a trained volunteer for the purpose of securing
59	advice, counseling, or assistance concerning a mental, physical,
60	or emotional condition caused by a sexual assault or sexual
61	battery, an alleged sexual assault or sexual battery, or an
62	attempted sexual assault or sexual battery.
63	(f) "Sexual assault recovery services" include the
64	following services provided to victims by a rape crisis center:
65	1. A telephone hotline that is operated 24 hours a day and
66	answered by a sexual assault counselor or trained volunteer, as
67	defined in section 90.5035, Florida Statutes.
68	2. Information and referral services.
69	3. Crisis-intervention services.
70	4. Advocacy services.
71	5. Support services.
72	6. Therapy services.
73	7. Service coordination.
74	8. Medical intervention.
75	9. Programs to promote community awareness of available
76	services.
77	(3)(a) The department shall contract with a statewide non-
78	profit association whose primary purpose is to represent and
79	provide technical assistance to rape crisis centers. This
80	association shall receive 95 percent of the Rape Crisis Program
81	Trust Fund.
82	(b) Funds received under s. 938.085 shall be used to
83	provide sexual assault recovery services to victims and their
84	families. Funds shall be distributed by county, based on an
85	allocation formula that takes into account the population and
86	rural characteristics of the county. No more than 15 percent of
87	the funds shall be used for statewide initiatives, including
88	developing service standards and a certification process for
89	rape crisis centers. No more than 5 percent of the funds may be
90	used for administrative costs.
91	(c) The department shall ensure that funds allocated under
92	this section are expended in a manner that is consistent with
93	the requirements of this section. The department may require an
94	annual audit of the expenditures and shall provide a report to
95	the Legislature by February 1 of each year.
96	Section 3. Section 938.085, Florida Statutes, is created
97	to read:
98	938.085 Additional cost to fund rape crisis centers.--In
99	addition to any sanction imposed for a violation of s. 784.011,
100	s. 784.021, s. 784.03, s. 784.041, s. 784.045, s. 784.048, s.
101	784.07, s. 784.08, s. 784.081, s. 784.082, s. 784.083, s.
102	784.085, or s. 794.011, the court shall impose a surcharge of
103	$151. Payment of the surcharge shall be a condition of
104	probation, community control, or any other court-ordered
105	supervision. The sum of $150 of the surcharge shall be
106	deposited into the Rape Crisis Program Trust Fund established
107	within the Department of Health by HB 175, 2003 Regular Session
108	of the Legislature. The clerk of the court shall retain $1 of
109	each surcharge that the clerk of the court collects as a service
110	charge of the clerk's office.
111	Section 4. This act shall take effect July 1, 2003.
112