1 | The Criminal Justice Committee recommends the following: |
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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. |
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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. |