HB 251

1
A bill to be entitled
2An act relating to sexual offenses; amending s. 90.404,
3F.S.; permitting admission of evidence of the defendant's
4commission of other crimes of a sexual nature in a
5criminal case in which the defendant is charged with a
6crime of a sexual nature; defining the term "crime of a
7sexual nature"; requiring certain property or material
8that is used in a criminal proceeding to remain in the
9care, custody, and control of the law enforcement agency,
10the state attorney, or the court; prohibiting the
11reproduction of such property or material by the defendant
12when specified criteria are met by the state attorney;
13permitting access to the materials by the defendant;
14amending s. 395.1021, F.S.; requiring a licensed facility
15that provides emergency room services to arrange for the
16gathering of forensic medical evidence required for
17investigation and prosecution from a victim who has
18reported a sexual battery to a law enforcement agency or
19who requests that such evidence be gathered for a possible
20future report; amending s. 775.15, F.S.; providing that a
21prosecution for video voyeurism in violation of specified
22provisions may be commenced within 1 year after the victim
23of video voyeurism obtains actual knowledge of the
24existence of such a recording or the recording is
25confiscated by a law enforcement agency, whichever occurs
26first; providing that dissemination of a recording before
27such knowledge or confiscation does not affect such a time
28period; amending ss. 794.056 and 938.085, F.S.; requiring
29that an additional court cost or surcharge be assessed
30against a defendant who pleads guilty or nolo contendere
31to, or is found guilty of, regardless of adjudication,
32certain criminal offenses; providing for proceeds of the
33additional court cost or surcharge to be deposited into
34the Rape Crisis Program Trust Fund; reenacting s.
3520.435(21)(a), F.S., relating to the Rape Crisis Program
36Trust Fund, to incorporate the amendment made to s.
37794.056, F.S., in a reference thereto; reenacting s.
38794.055(3)(b), F.S., relating to access to services for
39victims of sexual battery, to incorporate the amendment
40made to s. 938.085, F.S., in a reference thereto; amending
41s. 960.003, F.S.; revising provisions relating to HIV
42testing of persons alleged to have committed certain
43offenses; amending s. 960.198, F.S.; authorizing
44relocation assistance awards to victims of sexual
45violence; amending s. 1003.42, F.S.; requiring that public
46schools provide comprehensive health education that
47addresses concepts of Internet safety; providing an
48effective date.
49
50Be It Enacted by the Legislature of the State of Florida:
51
52     Section 1.  Paragraph (b) of subsection (2) of section
5390.404, Florida Statutes, is amended to read:
54     90.404  Character evidence; when admissible.-
55     (2)  OTHER CRIMES, WRONGS, OR ACTS.-
56     (b)1.  In a criminal case in which the defendant is charged
57with a crime of a sexual nature involving child molestation,
58evidence of the defendant's commission of other crimes of a
59sexual nature, wrongs, or acts of child molestation is
60admissible, and may be considered for its bearing on any matter
61to which it is relevant.
62     2.  For the purposes of this paragraph, the term "crime of
63a sexual nature" "child molestation" means conduct proscribed by
64s. 784.048, s. 787.01, s. 787.02, s. 787.025(2)(c), s. 794.011,
65s. 794.05, s. 796.03, s. 796.035, s. 796.045, s. 800.04, s.
66825.1025(2)(b), s. 827.071, or s. 847.0135(5), s. 847.0145, or
67s. 985.701(1) when committed against a person 16 years of age or
68younger.
69     Section 2.  Prohibition on reproduction of child
70pornography.-
71     (1)  In a criminal proceeding, any property or material
72that portrays sexual performance by a child as defined in s.
73827.071, Florida Statutes, or constitutes child pornography as
74defined in s. 847.001, Florida Statutes, must remain secured or
75locked in the care, custody, and control of a law enforcement
76agency, the state attorney, or the court.
77     (2)  Notwithstanding any law or rule of court, a court
78shall deny, in a criminal proceeding, any request by the
79defendant to copy, photograph, duplicate, or otherwise reproduce
80any property or material that portrays sexual performance by a
81child or constitutes child pornography so long as the state
82attorney makes the property or material reasonably available to
83the defendant.
84     (3)  For purposes of this section, property or material is
85deemed to be reasonably available to the defendant if the state
86attorney provides ample opportunity at a designated facility for
87the inspection, viewing, and examination of the property or
88material that portrays sexual performance by a child or
89constitutes child pornography by the defendant, his or her
90attorney, or any individual whom the defendant uses as an expert
91during the discovery process or at a court proceeding.
92     Section 3.  Subsection (2) of section 395.1021, Florida
93Statutes, is amended to read:
94     395.1021  Treatment of sexual assault victims.-Any licensed
95facility which provides emergency room services shall arrange
96for the rendering of appropriate medical attention and treatment
97of victims of sexual assault through:
98     (2)  The administration of medical examinations, tests, and
99analyses required by law enforcement personnel in the gathering
100of forensic medical evidence required for investigation and
101prosecution from a victim who has reported a sexual battery to a
102law enforcement agency or who requests that such evidence be
103gathered for a possible future report.
104
105Such licensed facility shall also arrange for the protection of
106the victim's anonymity while complying with the laws of this
107state and may encourage the victim to notify law enforcement
108personnel and to cooperate with them in apprehending the
109suspect.
110     Section 4.  Subsection (17) is added to section 775.15,
111Florida Statutes, to read:
112     775.15  Time limitations; general time limitations;
113exceptions.-
114     (17)  Notwithstanding the time periods prescribed in this
115section, a prosecution for video voyeurism in violation of s.
116810.145 may be commenced within 1 year after the date on which
117the victim of video voyeurism obtains actual knowledge of the
118existence of such a recording or the date on which the recording
119is confiscated by a law enforcement agency, whichever occurs
120first. Any dissemination of such a recording before the victim
121obtains actual knowledge thereof or before its confiscation by a
122law enforcement agency does not affect any provision of this
123subsection.
124     Section 5.  Section 794.056, Florida Statutes, is amended
125to read:
126     794.056  Rape Crisis Program Trust Fund.-
127     (1)  The Rape Crisis Program Trust Fund is created within
128the Department of Health for the purpose of providing funds for
129rape crisis centers in this state. Trust fund moneys shall be
130used exclusively for the purpose of providing services for
131victims of sexual assault. Funds credited to the trust fund
132consist of those funds collected as an additional court
133assessment in each case in which a defendant pleads guilty or
134nolo contendere to, or is found guilty of, regardless of
135adjudication, an offense defined in s. 775.21, s. 784.011, s.
136784.021, s. 784.03, s. 784.041, s. 784.045, s. 784.048, s.
137784.07, s. 784.08, s. 784.081, s. 784.082, s. 784.083, s.
138784.085, s. 787.025, s. 787.06, s. 787.07, or s. 794.011, s.
139794.05, s. 794.08, s. 796.03, s. 796.035, s. 796.04, s. 796.045,
140s. 796.05, s. 796.06, s. 796.07(2)(a)-(d) and (i), s. 800.03, s.
141810.14, s. 810.145, s. 812.135, s. 817.025, s. 825.102, s.
142825.1025, s. 827.071, s. 836.10, s. 847.0135(2), s. 847.0137, s.
143847.0145, or s. 943.0435. Funds credited to the trust fund also
144shall include revenues provided by law, moneys appropriated by
145the Legislature, and grants from public or private entities.
146     (2)  The Department of Health shall establish by rule
147criteria consistent with the provisions of s. 794.055(3)(a) for
148distributing moneys from the trust fund to rape crisis centers.
149     Section 6.  Section 938.085, Florida Statutes, is amended
150to read:
151     938.085  Additional cost to fund rape crisis centers.-In
152addition to any sanction imposed when a person pleads guilty or
153nolo contendere to, or is found guilty of, regardless of
154adjudication, a violation of s. 775.21, s. 784.011, s. 784.021,
155s. 784.03, s. 784.041, s. 784.045, s. 784.048, s. 784.07, s.
156784.08, s. 784.081, s. 784.082, s. 784.083, s. 784.085, s.
157787.025, s. 787.06, s. 787.07, or s. 794.011, s. 794.05, s.
158794.08, s. 796.03, s. 796.035, s. 796.04, s. 796.045, s. 796.05,
159s. 796.06, s. 796.07(2)(a)-(d) and (i), s. 800.03, s. 810.14, s.
160810.145, s. 812.135, s. 817.025, s. 825.102, s. 825.1025, s.
161827.071, s. 836.10, s. 847.0135(2), s. 847.0137, s. 847.0145, or
162s. 943.0435, the court shall impose a surcharge of $151. Payment
163of the surcharge shall be a condition of probation, community
164control, or any other court-ordered supervision. The sum of $150
165of the surcharge shall be deposited into the Rape Crisis Program
166Trust Fund established within the Department of Health by
167chapter 2003-140, Laws of Florida. The clerk of the court shall
168retain $1 of each surcharge that the clerk of the court collects
169as a service charge of the clerk's office.
170     Section 7.  For the purpose of incorporating the amendment
171made by this act to section 794.056, Florida Statutes, in a
172reference thereto, paragraph (a) of subsection (21) of section
17320.435, Florida Statutes, is reenacted to read:
174     20.435  Department of Health; trust funds.-The following
175trust funds shall be administered by the Department of Health:
176     (21)  Rape Crisis Program Trust Fund.
177     (a)  Funds to be credited to and uses of the trust fund
178shall be administered in accordance with the provisions of s.
179794.056.
180     Section 8.  For the purpose of incorporating the amendment
181made by this act to section 938.085, Florida Statutes, in a
182reference thereto, paragraph (b) of subsection (3) of section
183794.055, Florida Statutes, is reenacted to read:
184     794.055  Access to services for victims of sexual battery.-
185     (3)
186     (b)  Funds received under s. 938.085 shall be used to
187provide sexual battery recovery services to victims and their
188families. Funds shall be distributed to rape crisis centers
189based on an allocation formula that takes into account the
190population and rural characteristics of each county. No more
191than 15 percent of the funds shall be used by the statewide
192nonprofit association for statewide initiatives. No more than 5
193percent of the funds may be used by the department for
194administrative costs.
195     Section 9.  Subsection (2) of section 960.003, Florida
196Statutes, is amended to read:
197     960.003  HIV testing for persons charged with or alleged by
198petition for delinquency to have committed certain offenses;
199disclosure of results to victims.-
200     (2)  TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION
201FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.-
202     (a)  In any case in which a person has been charged by
203information or indictment with or alleged by petition for
204delinquency to have committed any offense enumerated in s.
205775.0877(1)(a)-(n), which involves the transmission of body
206fluids from one person to another, upon request of the victim or
207the victim's legal guardian, or of the parent or legal guardian
208of the victim if the victim is a minor, the court shall order
209such person to undergo HIV testing within 48 hours after of the
210information or indictment court order.
211     (b)  However, when a victim of any sexual offense
212enumerated in s. 775.0877(1)(a)-(n) is under the age of 18 at
213the time the offense was committed or when a victim of any
214sexual offense enumerated in s. 775.0877(1)(a)-(n) or s.
215825.1025 is a disabled adult or elderly person as defined in s.
216825.1025 regardless of whether the offense involves the
217transmission of bodily fluids from one person to another, then
218upon the request of the victim or the victim's legal guardian,
219or of the parent or legal guardian, the court shall order such
220person to undergo HIV testing within 48 hours after of the
221information or indictment court order. The testing shall be
222performed under the direction of the Department of Health in
223accordance with s. 381.004. The results of an HIV test performed
224on a defendant or juvenile offender pursuant to this subsection
225shall not be admissible in any criminal or juvenile proceeding
226arising out of the alleged offense.
227     Section 10.  Section 960.198, Florida Statutes, is amended
228to read:
229     960.198  Relocation assistance for victims of domestic
230violence and sexual violence.-
231     (1)  Notwithstanding the criteria set forth in s. 960.13
232for crime victim compensation awards, the department may award a
233one-time payment of up to $1,500 on any one claim and a lifetime
234maximum of $3,000 to a victim of domestic violence who needs
235immediate assistance to escape from a domestic violence
236environment or to a victim of sexual violence.
237     (2)  In order for an award to be granted to a victim for
238relocation assistance:
239     (a)  There must be proof that a domestic violence or sexual
240violence offense was committed;
241     (b)  The domestic violence or sexual violence offense must
242be reported to the proper authorities;
243     (c)  The victim's need for assistance must be certified by
244a certified domestic violence center or a certified rape crisis
245center in this state; and
246     (d)  The center certification must assert that the victim
247is cooperating with law enforcement officials, if applicable,
248and must include documentation that the victim has developed a
249safety plan.
250     Section 11.  Paragraph (n) of subsection (2) of section
2511003.42, Florida Statutes, is amended to read:
252     1003.42  Required instruction.-
253     (2)  Members of the instructional staff of the public
254schools, subject to the rules of the State Board of Education
255and the district school board, shall teach efficiently and
256faithfully, using the books and materials required that meet the
257highest standards for professionalism and historic accuracy,
258following the prescribed courses of study, and employing
259approved methods of instruction, the following:
260     (n)  Comprehensive health education that addresses concepts
261of community health; consumer health; environmental health;
262family life, including an awareness of the benefits of sexual
263abstinence as the expected standard and the consequences of
264teenage pregnancy; mental and emotional health; injury
265prevention and safety; Internet safety; nutrition; personal
266health; prevention and control of disease; and substance use and
267abuse. The health education curriculum for students in grades 7
268through 12 shall include a teen dating violence and abuse
269component that includes, but is not limited to, the definition
270of dating violence and abuse, the warning signs of dating
271violence and abusive behavior, the characteristics of healthy
272relationships, measures to prevent and stop dating violence and
273abuse, and community resources available to victims of dating
274violence and abuse.
275
276The State Board of Education is encouraged to adopt standards
277and pursue assessment of the requirements of this subsection.
278     Section 12.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.