Senate Bill sb2314c1
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Florida Senate - 2005 CS for SB 2314
By the Committee on Criminal Justice; and Senator Crist
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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
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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
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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
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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
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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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