| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to justice for crime victims; creating s. |
| 7 | 943.0315, F.S.; providing legislative findings; creating |
| 8 | the Victim's Voice Council within the Department of Law |
| 9 | Enforcement; providing membership; requiring the council |
| 10 | to review the needs of persons who are the victims of |
| 11 | crime in this state; requiring the council to review and |
| 12 | comment on specified issues; requiring the council to hold |
| 13 | public hearings each year; requiring an annual report to |
| 14 | the Governor and the Legislature; providing for |
| 15 | reimbursement of council members' travel and per diem |
| 16 | expenses; authorizing the council to employ an executive |
| 17 | director and other staff; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Section 943.0315, Florida Statutes, is created |
| 22 | to read: |
| 23 | 943.0315 Victim's Voice Council.--The Legislature finds |
| 24 | that there is a need to develop and implement a statewide |
| 25 | strategy to address the needs of persons who are the victims of |
| 26 | crime in this state. The Legislature also finds that there is a |
| 27 | need to understand the severity of the losses incurred by |
| 28 | victims and their families and to evaluate the services |
| 29 | available to respond to the needs of the victims. In recognition |
| 30 | of this need, the Victim's Voice Council is created within the |
| 31 | Department of Law Enforcement. The council shall serve in an |
| 32 | advisory capacity to the department. |
| 33 | (1)(a) The council shall be composed of 14 members. The |
| 34 | executive director of the Department of Law Enforcement, the |
| 35 | Secretary of Juvenile Justice, and the Secretary of Corrections, |
| 36 | or their designees, shall personally serve as members of the |
| 37 | council. Additional members of the council shall be appointed by |
| 38 | the Governor and may include the Governor's Victim's Rights |
| 39 | Advocate; the director of the Crime Victims' Services Office |
| 40 | within the Department of Legal Affairs; a state attorney; a |
| 41 | sheriff; a police chief; a circuit judge; a representative of |
| 42 | the Florida Network of Victim/Witness Services, Inc.; and a |
| 43 | representative of the Justice Coalition. The Governor shall |
| 44 | appoint at least three members who have been the victim of a |
| 45 | crime, one of whom must be related either to a victim of murder |
| 46 | or to the surviving spouse of a victim of murder. |
| 47 | (b) The appointments must be made by September 1, 2005, |
| 48 | and the council shall hold its first meeting within 60 days |
| 49 | after the appointment of its members. Any vacancy that occurs on |
| 50 | the council must be filled in the same manner as the original |
| 51 | appointment. |
| 52 | (2) Members of the council are entitled to one vote each, |
| 53 | and an action of the council is not binding unless a majority of |
| 54 | the total number of votes cast are in favor of the action. The |
| 55 | council may not act unless a majority of its members are present |
| 56 | at a meeting. The council shall elect a chairperson from among |
| 57 | its members. |
| 58 | (3) The council shall review the nature and severity of |
| 59 | the losses and other associated difficulties suffered by crime |
| 60 | victims and families of victims of murder and shall review the |
| 61 | state's services provided to victims as well as other responses |
| 62 | to the needs of victims. In addition, the council should |
| 63 | consider other factors adversely affecting victims, including |
| 64 | delays in capital cases and recommendations for judicial reforms |
| 65 | to reduce the delays. Included in the council's review must be |
| 66 | an evaluation of: |
| 67 | (a) The services available to victims as described in s. |
| 68 | 960.001(1)(a). |
| 69 | (b) The imposition, collection, and distribution of the |
| 70 | surcharge described in s. 938.08 and the fee required in s. |
| 71 | 938.03 to be paid to the Crimes Compensation Trust Fund. |
| 72 | (c) The imposition, collection, and distribution of victim |
| 73 | restitution. |
| 74 | (d) The necessary state constitutional reforms that would |
| 75 | facilitate the resolution of capital cases within 5 years after |
| 76 | the imposition of sentence. |
| 77 | (4) The council shall hold at least four public hearings |
| 78 | annually throughout the state to solicit input from the public |
| 79 | regarding justice for victims, victims' concerns, restitution |
| 80 | for victims, judicial reforms that would reduce the suffering of |
| 81 | crime victims and their families and improve the treatment of |
| 82 | victims and their families in state courts, and other relevant |
| 83 | issues. The council shall devote at least one public hearing to |
| 84 | the issues facing families of victims of murder, delays in |
| 85 | capital cases, and proposals to reduce these delays in this |
| 86 | state. The council must review laws in other states in which the |
| 87 | delays have been reduced. |
| 88 | (5) The council must submit an annual report to the |
| 89 | Governor, the President of the Senate, and the Speaker of the |
| 90 | House of Representatives at least 60 days before each |
| 91 | legislative session. Each report shall contain specific |
| 92 | recommendations for enhancing justice for victims of crime, |
| 93 | including the families of murder victims in capital cases. The |
| 94 | recommendations of the council must include proposed legislation |
| 95 | and constitutional reforms that will improve justice for victims |
| 96 | of crime and family members related to victims of murder. |
| 97 | (6) Council members may not receive remuneration for their |
| 98 | services, but members are entitled to reimbursement for travel |
| 99 | and per diem expenses in accordance with s. 112.061. |
| 100 | (7) The council, with approval from the Executive Office |
| 101 | of the Governor, may employ or contract with an executive |
| 102 | director who possesses at least 2 years' previous experience in |
| 103 | criminal law and legislative affairs and has worked directly |
| 104 | with victims of crime and with families of victims of murder. |
| 105 | The executive director may employ or contract with two |
| 106 | additional staff members or consultants who have relevant |
| 107 | experience in the field of crime victims' rights or data |
| 108 | analysis and one administrative assistant. The Department of Law |
| 109 | Enforcement shall provide administrative support to the council |
| 110 | and its staff. |
| 111 | Section 2. This act shall take effect July 1, 2005. |