HB 0173 2003
1	CHAMBER ACTION
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6	The Committee on Public Safety & Crime Prevention recommends the
7	following:
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9	Committee Substitute
10	Remove the entire bill and insert:
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12	A bill to be entitled
13	An act relating to services for victims of sexual battery;
14	providing legislative intent with respect to enhancing the
15	availability of services to victims of sexual battery;
16	creating the “Sexual Battery Victims’ Access to Services
17	Act”; providing definitions; authorizing the Department of
18	Health to contract with a statewide nonprofit association
19	for the purpose of allocating funds to rape crisis
20	centers; requiring that funds be used to provide sexual
21	battery recovery services to victims of sexual battery and
22	their families; providing requirements and limitations
23	with respect to distribution and use of funds; requiring
24	an annual report to the Legislature on the use of funds;
25	creating s. 938.085, F.S.; providing for an assessment of
26	an additional court cost against any person who pleads
27	guilty or nolo contendere to, or who is found guilty of,
28	an act of sexual battery or other specified crimes;
29	providing for deposit of the court cost into the Rape
30	Crisis Program Trust Fund; providing for the trust fund to
31	be used to support rape crisis centers; providing an
32	effective date.
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34	Be It Enacted by the Legislature of the State of Florida:
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36	Section 1. It is the intent of the Legislature through
37	this act to make services available to each victim of sexual
38	battery in this state.
39	Section 2. Access to services for victims of sexual
40	battery.--
41	(1) This act shall be known by the popular name the
42	"Sexual Battery Victims' Access to Services Act."
43	(2) As used in this section, the term:
44	(a) “Crisis intervention services” means advice,
45	counseling, or consultation provided to a victim by a sexual
46	battery counselor or trained volunteer aimed at reducing the
47	level of emotional trauma experienced by the victim.
48	(b) “Department” means the Department of Health.
49	(c) “Medical intervention” means services necessary for
50	the forensic examination of a victim or medical treatment for
51	injuries of a victim of sexual battery.
52	(d) “Rape crisis center” means any public or private
53	agency that offers at least five of the sexual battery recovery
54	services in paragraph (g) to victims of sexual battery and their
55	families.
56	(e) “Sexual battery” has the same meaning as that term has
57	in the offenses provided in s. 794.011, Florida Statutes.
58	(f) “Sexual battery counselor” means any employee of a
59	rape crisis center whose primary purpose is the rendering of
60	advice, counseling, or assistance to victims of sexual battery.
61	(g) "Sexual battery recovery services" includes the
62	following services:
63	1. For victims who have reported the offense to law
64	enforcement:
65	a. A telephone hotline that is operated 24 hours a day and
66	answered by a sexual battery counselor or trained volunteer, as
67	defined in s. 90.5035, Florida Statutes.
68	b. Information and referral services.
69	c. Crisis intervention services.
70	d. Advocacy and support services.
71	e. Therapy services.
72	f. Service coordination.
73	g. Programs to promote community awareness of available
74	services.
75	h. Medical intervention.
76	2. For victims who have not reported the offense to law
77	enforcement:
78	a. A telephone hotline that is operated 24 hours a day and
79	answered by a sexual battery counselor or trained volunteer, as
80	defined in s. 90.5035, Florida Statutes.
81	b. Information and referral services.
82	c. Crisis intervention services.
83	d. Advocacy and support services.
84	e. Therapy services.
85	f. Service coordination.
86	g. Programs to promote community awareness of available
87	services.
88	(h) “Trained volunteer” means a person who volunteers at a
89	rape crisis center, has completed 30 hours of training in
90	assisting victims of sexual violence and related topics provided
91	by the rape crisis center, is supervised by members of the staff
92	of the rape crisis center, and is included on a list of
93	volunteers that is maintained by the rape crisis center.
94	(i) “Victim” means a person who consults a sexual battery
95	counselor or a trained volunteer for the purpose of securing
96	advice, counseling, or assistance concerning a mental, physical,
97	or emotional condition caused by a sexual battery.
98	(3)(a) The department shall contract with a statewide non-
99	profit association whose primary purpose is to represent and
100	provide technical assistance to rape crisis centers. This
101	association shall receive 95 percent of the Rape Crisis Program
102	Trust Fund.
103	(b) Funds received under s. 938.085, Florida Statutes,
104	shall be used to provide sexual battery recovery services to
105	victims and their families. Funds shall be distributed by
106	county, based on an allocation formula that takes into account
107	the population and rural characteristics of the county. No more
108	than 15 percent of the funds shall be used for statewide
109	initiatives, including developing service standards and a
110	certification process for rape crisis centers. No more than 5
111	percent of the funds may be used for administrative costs.
112	(c) The department shall ensure that funds allocated under
113	this section are expended in a manner that is consistent with
114	the requirements of this section. The department may require an
115	annual audit of the expenditures and shall provide a report to
116	the Legislature by February 1 of each year.
117	Section 3. Section 938.085, Florida Statutes, is created
118	to read:
119	938.085 Additional cost to fund rape crisis centers.--In
120	addition to any sanction imposed when a person pleads guilty or
121	nolo contendere to, or is found guilty of, regardless of
122	adjudication, a violation of s. 784.011, s. 784.021, s. 784.03,
123	s. 784.041, s. 784.045, s. 784.048, s. 784.07, s. 784.08, s.
124	784.081, s. 784.082, s. 784.083, s. 784.085, or s. 794.011, the
125	court shall impose a surcharge of $151. Payment of the surcharge
126	shall be a condition of probation, community control, or any
127	other court-ordered supervision. The sum of $150 of the
128	surcharge shall be deposited into the Rape Crisis Program Trust
129	Fund established within the Department of Health by HB 175, 2003
130	Regular Session of the Legislature. The clerk of the court
131	shall retain $1 of each surcharge that the clerk of the court
132	collects as a service charge of the clerk's office.
133	Section 4. This act shall take effect July 1, 2003.