Senate Bill sb2314c1

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    Florida Senate - 2005                           CS for SB 2314

    By the Committee on Criminal Justice; and Senator Crist





    591-2024-05

  1                      A bill to be entitled

  2         An act relating to justice for crime victims;

  3         creating s. 943.0315, F.S.; creating the

  4         Victims Voice Council within the Department of

  5         Law Enforcement; providing membership;

  6         requiring the council to review the needs of

  7         persons who are the victims of crime in this

  8         state; requiring the council to review and

  9         comment on certain specified issues; requiring

10         the council to hold public hearings each year;

11         requiring the council to prepare a report and

12         to deliver the report to the Governor and the

13         Legislature by a specified date each year;

14         providing that members of the council are

15         entitled to reimbursement for travel and per

16         diem; authorizing the council to employ an

17         executive director and other staff; providing

18         an effective date.

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20  Be It Enacted by the Legislature of the State of Florida:

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22         Section 1.  Section 943.0315, Florida Statutes, is

23  created to read:

24         943.0315  Victims Voice Council.--The Legislature finds

25  that there is a need to develop and implement a statewide

26  strategy to address the needs of persons who are the victims

27  of crime in this state. The Legislature also finds that there

28  is a need to understand the severity of the losses incurred by

29  victims and their families and to evaluate the services

30  available to respond to the needs of the victims. In

31  recognition of this need, the Victims Voice Council is created

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    Florida Senate - 2005                           CS for SB 2314
    591-2024-05




 1  within the Department of Law Enforcement. The council shall

 2  serve in an advisory capacity to the department.

 3         (1)(a)  The council shall be composed of 14 members.

 4  The executive director of the Department of Law Enforcement,

 5  the Secretary of Juvenile Justice, and the Secretary of

 6  Corrections, or his or her designee, shall personally serve as

 7  a member of the council. Additional members of the council

 8  shall be appointed by the Governor and may include the

 9  Governor's Victims' Rights Advocate; the director of the Crime

10  Victims' Services Office within the Department of Legal

11  Affairs; a state attorney; a sheriff; a police chief; a

12  circuit judge; a representative of the Florida Network of

13  Victim/Witness Services, Inc.; and a representative of the

14  Justice Coalition. The Governor shall appoint at least three

15  members who have been the victim of a crime, one of whom must

16  be related either to a victim of murder or to the surviving

17  spouse of a victim of murder.

18         (b)  The appointments must be made by September 1,

19  2005, and the council shall hold its first meeting within 60

20  days after the appointment of its members. Any vacancy that

21  occurs on the council must be filled in the same manner as the

22  original appointment.

23         (2)  Members of the council are entitled to one vote

24  each, and an action of the council is not binding unless a

25  majority of the total number of votes cast are in favor of the

26  action. The council may not act unless a majority of its

27  members are present at a meeting. The council shall elect a

28  chairperson from among its members.

29         (3)  The council shall review the nature and severity

30  of the losses and other associated difficulties suffered by

31  crime victims and families of victims of murder and shall

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    Florida Senate - 2005                           CS for SB 2314
    591-2024-05




 1  review the state's services provided to victims as well as

 2  other responses to the needs of victims. In addition, the

 3  council should consider other factors adversely affecting

 4  victims, including delays in capital cases and recommendations

 5  for judicial reforms to reduce the delays. Included in the

 6  council's review must be an evaluation of:

 7         (a)  The services available to victims as described in

 8  s. 960.001(1)(a).

 9         (b)  The imposition, collection, and distribution of

10  the surcharge described in s. 938.08 and the fee required in

11  s. 938.03 to be paid to the Crimes Compensation Trust Fund.

12         (c)  The imposition, collection, and distribution of

13  victim restitution.

14         (d)  The necessary state constitutional reforms that

15  would facilitate the resolution of capital cases within 5

16  years after the imposition of sentence.

17         (4)  The council shall hold at least four public

18  hearings annually throughout the state to solicit input from

19  the public regarding justice for victims, victims' concerns,

20  restitution for victims, judicial reforms that would reduce

21  the suffering of crime victims and their families and improve

22  the treatment of victims and their families in state courts,

23  and other relevant issues. The council shall devote at least

24  one public hearing to the issues facing families of victims of

25  murder, delays in capital cases, and proposals to reduce these

26  delays in this state. The council must review laws in other

27  states in which the delays have been reduced.

28         (5)  The council must prepare an annual report to the

29  Governor, the President of the Senate, and the Speaker of the

30  House of Representatives at least 60 days before each

31  legislative session. The reports must contain specific

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    Florida Senate - 2005                           CS for SB 2314
    591-2024-05




 1  recommendations for enhancing justice for victims of crime,

 2  including the families of murdered victims in capital cases.

 3  The recommendations of the council must include proposed

 4  legislation and constitutional reforms that will improve

 5  justice for victims of crime and family members related to

 6  victims of murder.

 7         (6)  Council members may not receive remuneration for

 8  their services, but members are entitled to reimbursement for

 9  travel and per diem expenses in accordance with s. 112.061.

10         (7)  The council, with approval from the Executive

11  Office of the Governor, may employ or contract with an

12  executive director who possesses at least 2 years' previous

13  experience in criminal law and legislative affairs and has

14  worked directly with victims of crime and with families of

15  victims of murder. The executive director may employ or

16  contract with two additional staff members or consultants who

17  have relevant experience in the field of crime victims' rights

18  or data analysis and one administrative assistant. The

19  Department of Law Enforcement shall provide administrative

20  support to the council and its staff.

21         Section 2.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                           CS for SB 2314
    591-2024-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2314

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 4  -    The Committee Substitute creates a council rather than
         the commission that was created in the original bill.
 5       This meets the statutory definition in s. 20.03, F.S.,
         since the expiration date of the council has been
 6       eliminated by the Committee Substitute.

 7  -    The council is composed of 14 members, the members of the
         law enforcement-related agencies are named (by title),
 8       and their designees may serve in their stead.

 9  -    The executive director of the council may have 2 years'
         experience in criminal law and legislative affairs rather
10       than the 5 years required in the original bill.

11  -    The council has no expiration date in the Committee
         Substitute.
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