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