| 1 | A bill to be entitled |
| 2 | An act relating to sexual offenses; providing a short |
| 3 | title; amending s. 90.404, F.S.; revising offenses that are |
| 4 | considered "child molestation" for purposes of admitting |
| 5 | evidence of other crimes, wrongs, or acts in a criminal |
| 6 | case involving child molestation; providing for admission |
| 7 | of evidence of other crimes, wrongs, or acts in cases |
| 8 | involving a sexual offense; defining the term "sexual |
| 9 | offense"; amending s. 92.55, F.S.; authorizing the use of |
| 10 | service or therapy animals in courts hearing sexual offense |
| 11 | cases under certain circumstances; requiring certain |
| 12 | property or material that is used in a criminal proceeding |
| 13 | to remain in the care, custody, and control of the law |
| 14 | enforcement agency, the state attorney, or the court; |
| 15 | prohibiting the reproduction of such property or material |
| 16 | by the defendant when specified criteria are met by the |
| 17 | state attorney; permitting access to the materials by the |
| 18 | defendant; amending s. 395.1021, F.S.; requiring a licensed |
| 19 | facility that provides emergency room services to arrange |
| 20 | for the gathering of forensic medical evidence required for |
| 21 | investigation and prosecution from a victim who has |
| 22 | reported a sexual battery to a law enforcement agency or |
| 23 | who requests that such evidence be gathered for a possible |
| 24 | future report; amending s. 775.15, F.S.; providing that a |
| 25 | prosecution for video voyeurism in violation of specified |
| 26 | provisions may, in addition to existing time periods, be |
| 27 | commenced within 1 year after the victim of video voyeurism |
| 28 | obtains actual knowledge of the existence of such a |
| 29 | recording or the recording is confiscated by a law |
| 30 | enforcement agency, whichever occurs first; providing that |
| 31 | dissemination of a recording before such knowledge or |
| 32 | confiscation does not affect such a time period; amending |
| 33 | s. 794.052, F.S.; requiring a law enforcement officer to |
| 34 | provide or arrange for transportation of a victim of sexual |
| 35 | battery to an appropriate facility for medical treatment or |
| 36 | forensic examination; providing for a review of a police |
| 37 | officer's final report by a victim and an opportunity for a |
| 38 | statement by a victim; amending ss. 794.056 and 938.085, |
| 39 | F.S.; requiring that an additional court cost or surcharge |
| 40 | be assessed against a defendant who pleads guilty or nolo |
| 41 | contendere to, or is found guilty of, regardless of |
| 42 | adjudication, certain criminal offenses; providing for |
| 43 | proceeds of the additional court cost or surcharge to be |
| 44 | deposited into the Rape Crisis Program Trust Fund; |
| 45 | reenacting s. 20.435(21)(a), F.S., relating to the Rape |
| 46 | Crisis Program Trust Fund, to incorporate the amendment |
| 47 | made to s. 794.056, F.S., in a reference thereto; |
| 48 | reenacting s. 794.055(3)(b), F.S., relating to access to |
| 49 | services for victims of sexual battery, to incorporate the |
| 50 | amendment made to s. 938.085, F.S., in a reference thereto; |
| 51 | amending s. 960.003, F.S.; providing for hepatitis testing |
| 52 | of persons charged with certain offenses; amending s. |
| 53 | 1003.42, F.S.; requiring that public schools provide |
| 54 | comprehensive health education that addresses concepts of |
| 55 | Internet safety; providing an effective date. |
| 56 |
|
| 57 | Be It Enacted by the Legislature of the State of Florida: |
| 58 |
|
| 59 | Section 1. This act may be cited as the "Walk in Their |
| 60 | Shoes Act." |
| 61 | Section 2. Subsection (2) of section 90.404, Florida |
| 62 | Statutes, is amended to read: |
| 63 | 90.404 Character evidence; when admissible.- |
| 64 | (2) OTHER CRIMES, WRONGS, OR ACTS.- |
| 65 | (a) Similar fact evidence of other crimes, wrongs, or acts |
| 66 | is admissible when relevant to prove a material fact in issue, |
| 67 | including, but not limited to, proof of motive, opportunity, |
| 68 | intent, preparation, plan, knowledge, identity, or absence of |
| 69 | mistake or accident, but it is inadmissible when the evidence is |
| 70 | relevant solely to prove bad character or propensity. |
| 71 | (b)1. In a criminal case in which the defendant is charged |
| 72 | with a crime involving child molestation, evidence of the |
| 73 | defendant's commission of other crimes, wrongs, or acts of child |
| 74 | molestation is admissible, and may be considered for its bearing |
| 75 | on any matter to which it is relevant. |
| 76 | 2. For the purposes of this paragraph, the term "child |
| 77 | molestation" means conduct proscribed by s. 787.025(2)(c), s. |
| 78 | 794.011, excluding s. 794.011(10), s. 794.05, s. 796.03, s. |
| 79 | 796.035, s. 796.045, s. 800.04, s. 827.071, or s. 847.0135(5), |
| 80 | s. 847.0145, or s. 985.701(1) when committed against a person 16 |
| 81 | years of age or younger. |
| 82 | (c)1. In a criminal case in which the defendant is charged |
| 83 | with a sexual offense, evidence of the defendant's commission of |
| 84 | other crimes, wrongs, or acts involving a sexual offense is |
| 85 | admissible and may be considered for its bearing on any matter |
| 86 | to which it is relevant. |
| 87 | 2. For the purposes of this paragraph, the term "sexual |
| 88 | offense" means conduct proscribed by s. 787.025(2)(c), s. |
| 89 | 794.011, excluding s. 794.011(10), s. 794.05, s. 796.03, s. |
| 90 | 796.035, s. 796.045, s. 825.1025(2)(b), s. 827.071, s. |
| 91 | 847.0135(5), s. 847.0145, or s. 985.701(1). |
| 92 | (d)(c)1. When the state in a criminal action intends to |
| 93 | offer evidence of other criminal offenses under paragraph (a), |
| 94 | or paragraph (b), or paragraph (c), no fewer than 10 days before |
| 95 | trial, the state shall furnish to the defendant or to the |
| 96 | defendant's counsel a written statement of the acts or offenses |
| 97 | it intends to offer, describing them with the particularity |
| 98 | required of an indictment or information. No notice is required |
| 99 | for evidence of offenses used for impeachment or on rebuttal. |
| 100 | 2. When the evidence is admitted, the court shall, if |
| 101 | requested, charge the jury on the limited purpose for which the |
| 102 | evidence is received and is to be considered. After the close of |
| 103 | the evidence, the jury shall be instructed on the limited |
| 104 | purpose for which the evidence was received and that the |
| 105 | defendant cannot be convicted for a charge not included in the |
| 106 | indictment or information. |
| 107 | Section 3. Subsection (4) is added to section 92.55, |
| 108 | Florida Statutes, to read: |
| 109 | 92.55 Judicial or other proceedings involving victim or |
| 110 | witness under the age of 16 or person with mental retardation; |
| 111 | special protections; use of registered service or therapy |
| 112 | animals.- |
| 113 | (4) The court may set any other conditions it finds just |
| 114 | and appropriate on the taking of testimony by a child, including |
| 115 | the use of a service or therapy animal that has been evaluated |
| 116 | and registered according to national standards, in any |
| 117 | proceeding involving a sexual offense. When deciding whether to |
| 118 | permit a child to testify with the assistance of a registered |
| 119 | service or therapy animal, the court shall take into |
| 120 | consideration the age of the child, the interests of the child, |
| 121 | the rights of the parties to the litigation, and any other |
| 122 | relevant factor that would facilitate the testimony by the |
| 123 | child. |
| 124 | Section 4. Prohibition on reproduction of child |
| 125 | pornography.- |
| 126 | (1) In a criminal proceeding, any property or material |
| 127 | that portrays sexual performance by a child as defined in s. |
| 128 | 827.071, Florida Statutes, or constitutes child pornography as |
| 129 | defined in s. 847.001, Florida Statutes, must remain secured or |
| 130 | locked in the care, custody, and control of a law enforcement |
| 131 | agency, the state attorney, or the court. |
| 132 | (2) Notwithstanding any law or rule of court, a court |
| 133 | shall deny, in a criminal proceeding, any request by the |
| 134 | defendant to copy, photograph, duplicate, or otherwise reproduce |
| 135 | any property or material that portrays sexual performance by a |
| 136 | child or constitutes child pornography so long as the state |
| 137 | attorney makes the property or material reasonably available to |
| 138 | the defendant. |
| 139 | (3) For purposes of this section, property or material is |
| 140 | deemed to be reasonably available to the defendant if the state |
| 141 | attorney provides ample opportunity at a designated facility for |
| 142 | the inspection, viewing, and examination of the property or |
| 143 | material that portrays sexual performance by a child or |
| 144 | constitutes child pornography by the defendant, his or her |
| 145 | attorney, or any individual whom the defendant uses as an expert |
| 146 | during the discovery process or at a court proceeding. |
| 147 | Section 5. Subsection (2) of section 395.1021, Florida |
| 148 | Statutes, is amended to read: |
| 149 | 395.1021 Treatment of sexual assault victims.-Any licensed |
| 150 | facility which provides emergency room services shall arrange |
| 151 | for the rendering of appropriate medical attention and treatment |
| 152 | of victims of sexual assault through: |
| 153 | (2) The administration of medical examinations, tests, and |
| 154 | analyses required by law enforcement personnel in the gathering |
| 155 | of forensic medical evidence required for investigation and |
| 156 | prosecution from a victim who has reported a sexual battery to a |
| 157 | law enforcement agency or who requests that such evidence be |
| 158 | gathered for a possible future report. |
| 159 |
|
| 160 | Such licensed facility shall also arrange for the protection of |
| 161 | the victim's anonymity while complying with the laws of this |
| 162 | state and may encourage the victim to notify law enforcement |
| 163 | personnel and to cooperate with them in apprehending the |
| 164 | suspect. |
| 165 | Section 6. Subsection (17) is added to section 775.15, |
| 166 | Florida Statutes, to read: |
| 167 | 775.15 Time limitations; general time limitations; |
| 168 | exceptions.- |
| 169 | (17) In addition to the time periods prescribed in this |
| 170 | section, a prosecution for video voyeurism in violation of s. |
| 171 | 810.145 may be commenced within 1 year after the date on which |
| 172 | the victim of video voyeurism obtains actual knowledge of the |
| 173 | existence of such a recording or the date on which the recording |
| 174 | is confiscated by a law enforcement agency, whichever occurs |
| 175 | first. Any dissemination of such a recording before the victim |
| 176 | obtains actual knowledge thereof or before its confiscation by a |
| 177 | law enforcement agency does not affect any provision of this |
| 178 | subsection. |
| 179 | Section 7. Subsection (1) of section 794.052, Florida |
| 180 | Statutes, is amended to read: |
| 181 | 794.052 Sexual battery; notification of victim's rights |
| 182 | and services.- |
| 183 | (1) A law enforcement officer who investigates an alleged |
| 184 | sexual battery shall: |
| 185 | (a) Assist the victim in obtaining medical treatment, if |
| 186 | medical treatment is necessary as a result of the alleged |
| 187 | incident, a forensic examination, and advocacy and crisis- |
| 188 | intervention services from a certified rape crisis center and |
| 189 | provide or arrange for transportation to the appropriate |
| 190 | facility. |
| 191 | (b) Advise the victim that he or she may contact a |
| 192 | certified rape crisis center from which the victim may receive |
| 193 | services. |
| 194 | (c) Prior to submitting a final report, permit the victim |
| 195 | to review the final report and provide a statement as to the |
| 196 | accuracy of the final report. |
| 197 | Section 8. Section 794.056, Florida Statutes, is amended |
| 198 | to read: |
| 199 | 794.056 Rape Crisis Program Trust Fund.- |
| 200 | (1) The Rape Crisis Program Trust Fund is created within |
| 201 | the Department of Health for the purpose of providing funds for |
| 202 | rape crisis centers in this state. Trust fund moneys shall be |
| 203 | used exclusively for the purpose of providing services for |
| 204 | victims of sexual assault. Funds credited to the trust fund |
| 205 | consist of those funds collected as an additional court |
| 206 | assessment in each case in which a defendant pleads guilty or |
| 207 | nolo contendere to, or is found guilty of, regardless of |
| 208 | adjudication, an offense provided defined in s. 775.21(6) and |
| 209 | (10)(a), (b), and (g), s. 784.011, s. 784.021, s. 784.03, s. |
| 210 | 784.041, s. 784.045, s. 784.048, s. 784.07, s. 784.08, s. |
| 211 | 784.081, s. 784.082, s. 784.083, s. 784.085, s. 787.01(3), s. |
| 212 | 787.02(3), s. 787.025, s. 787.06, s. 787.07, or s. 794.011, s. |
| 213 | 794.05, s. 794.08, s. 796.03, s. 796.035, s. 796.04, s. 796.045, |
| 214 | s. 796.05, s. 796.06, s. 796.07(2)(a)-(d) and (i), s. 800.03, s. |
| 215 | 800.04, s. 810.14, s. 810.145, s. 812.135, s. 817.025, s. |
| 216 | 825.102, s. 825.1025, s. 827.071, s. 836.10, s. 847.0133, s. |
| 217 | 847.0135(2), s. 847.0137, s. 847.0145, s. 943.0435(4)(c), (7), |
| 218 | (8), (9)(a), (13), and (14)(c), or s. 985.701(1). Funds credited |
| 219 | to the trust fund also shall include revenues provided by law, |
| 220 | moneys appropriated by the Legislature, and grants from public |
| 221 | or private entities. |
| 222 | (2) The Department of Health shall establish by rule |
| 223 | criteria consistent with the provisions of s. 794.055(3)(a) for |
| 224 | distributing moneys from the trust fund to rape crisis centers. |
| 225 | Section 9. Section 938.085, Florida Statutes, is amended |
| 226 | to read: |
| 227 | 938.085 Additional cost to fund rape crisis centers.-In |
| 228 | addition to any sanction imposed when a person pleads guilty or |
| 229 | nolo contendere to, or is found guilty of, regardless of |
| 230 | adjudication, a violation of s. 775.21(6) and (10)(a), (b), and |
| 231 | (g), s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, |
| 232 | s. 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s. |
| 233 | 784.083, s. 784.085, s. 787.01(3), s. 787.02(3), 787.025, s. |
| 234 | 787.06, s. 787.07, or s. 794.011, s. 794.05, s. 794.08, s. |
| 235 | 796.03, s. 796.035, s. 796.04, s. 796.045, s. 796.05, s. 796.06, |
| 236 | s. 796.07(2)(a)-(d) and (i), s. 800.03, s. 800.04, s. 810.14, s. |
| 237 | 810.145, s. 812.135, s. 817.025, s. 825.102, s. 825.1025, s. |
| 238 | 827.071, s. 836.10, s. 847.0133, s. 847.0135(2), s. 847.0137, s. |
| 239 | 847.0145, s. 943.0435(4)(c), (7), (8), (9)(a), (13), and |
| 240 | (14)(c), or s. 985.701(1), the court shall impose a surcharge of |
| 241 | $151. Payment of the surcharge shall be a condition of |
| 242 | probation, community control, or any other court-ordered |
| 243 | supervision. The sum of $150 of the surcharge shall be deposited |
| 244 | into the Rape Crisis Program Trust Fund established within the |
| 245 | Department of Health by chapter 2003-140, Laws of Florida. The |
| 246 | clerk of the court shall retain $1 of each surcharge that the |
| 247 | clerk of the court collects as a service charge of the clerk's |
| 248 | office. |
| 249 | Section 10. For the purpose of incorporating the amendment |
| 250 | made by this act to section 794.056, Florida Statutes, in a |
| 251 | reference thereto, paragraph (a) of subsection (21) of section |
| 252 | 20.435, Florida Statutes, is reenacted to read: |
| 253 | 20.435 Department of Health; trust funds.-The following |
| 254 | trust funds shall be administered by the Department of Health: |
| 255 | (21) Rape Crisis Program Trust Fund. |
| 256 | (a) Funds to be credited to and uses of the trust fund |
| 257 | shall be administered in accordance with the provisions of s. |
| 258 | 794.056. |
| 259 | Section 11. For the purpose of incorporating the amendment |
| 260 | made by this act to section 938.085, Florida Statutes, in a |
| 261 | reference thereto, paragraph (b) of subsection (3) of section |
| 262 | 794.055, Florida Statutes, is reenacted to read: |
| 263 | 794.055 Access to services for victims of sexual battery.- |
| 264 | (3) |
| 265 | (b) Funds received under s. 938.085 shall be used to |
| 266 | provide sexual battery recovery services to victims and their |
| 267 | families. Funds shall be distributed to rape crisis centers |
| 268 | based on an allocation formula that takes into account the |
| 269 | population and rural characteristics of each county. No more |
| 270 | than 15 percent of the funds shall be used by the statewide |
| 271 | nonprofit association for statewide initiatives. No more than 5 |
| 272 | percent of the funds may be used by the department for |
| 273 | administrative costs. |
| 274 | Section 12. Section 960.003, Florida Statutes, is amended |
| 275 | to read: |
| 276 | 960.003 Hepatitis and HIV testing for persons charged with |
| 277 | or alleged by petition for delinquency to have committed certain |
| 278 | offenses; disclosure of results to victims.- |
| 279 | (1) LEGISLATIVE INTENT.-The Legislature finds that a |
| 280 | victim of a criminal offense which involves the transmission of |
| 281 | body fluids, or which involves certain sexual offenses in which |
| 282 | the victim is a minor, disabled adult, or elderly person, is |
| 283 | entitled to know at the earliest possible opportunity whether |
| 284 | the person charged with or alleged by petition for delinquency |
| 285 | to have committed the offense has tested positive for hepatitis |
| 286 | or human immunodeficiency virus (HIV) infection. The Legislature |
| 287 | finds that to deny victims access to hepatitis and HIV test |
| 288 | results causes unnecessary mental anguish in persons who have |
| 289 | already suffered trauma. The Legislature further finds that |
| 290 | since medical science now recognizes that early diagnosis is a |
| 291 | critical factor in the treatment of hepatitis and HIV infection, |
| 292 | both the victim and the person charged with or alleged by |
| 293 | petition for delinquency to have committed the offense benefit |
| 294 | from prompt disclosure of hepatitis and HIV test results. |
| 295 | (2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION |
| 296 | FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.- |
| 297 | (a) In any case in which a person has been charged by |
| 298 | information or indictment with or alleged by petition for |
| 299 | delinquency to have committed any offense enumerated in s. |
| 300 | 775.0877(1)(a)-(n), which involves the transmission of body |
| 301 | fluids from one person to another, upon request of the victim or |
| 302 | the victim's legal guardian, or of the parent or legal guardian |
| 303 | of the victim if the victim is a minor, the court shall order |
| 304 | such person to undergo hepatitis and HIV testing within 48 hours |
| 305 | after of the information or indictment is filed court order. In |
| 306 | the event the victim or, if the victim is a minor, the victim's |
| 307 | parent or legal guardian, requests hepatitis and HIV testing |
| 308 | after 48 hours have elapsed from the filing of the indictment or |
| 309 | information, the testing shall be done within 48 hours after the |
| 310 | request. |
| 311 | (b) However, when a victim of any sexual offense |
| 312 | enumerated in s. 775.0877(1)(a)-(n) is under the age of 18 at |
| 313 | the time the offense was committed or when a victim of any |
| 314 | sexual offense enumerated in s. 775.0877(1)(a)-(n) or s. |
| 315 | 825.1025 is a disabled adult or elderly person as defined in s. |
| 316 | 825.1025 regardless of whether the offense involves the |
| 317 | transmission of bodily fluids from one person to another, then |
| 318 | upon the request of the victim or the victim's legal guardian, |
| 319 | or of the parent or legal guardian, the court shall order such |
| 320 | person to undergo hepatitis and HIV testing within 48 hours |
| 321 | after of the information or indictment is filed court order. In |
| 322 | the event the victim or, if the victim is a minor, the victim's |
| 323 | parent or legal guardian, requests hepatitis and HIV testing |
| 324 | after 48 hours have elapsed from the filing of the indictment or |
| 325 | information, the testing shall be done within 48 hours after the |
| 326 | request. The testing shall be performed under the direction of |
| 327 | the Department of Health in accordance with s. 381.004. The |
| 328 | results of a hepatitis and an HIV test performed on a defendant |
| 329 | or juvenile offender pursuant to this subsection shall not be |
| 330 | admissible in any criminal or juvenile proceeding arising out of |
| 331 | the alleged offense. |
| 332 | (c) If medically appropriate, followup HIV testing shall |
| 333 | be provided when testing has been ordered under paragraph (a) or |
| 334 | paragraph (b). The medical propriety of followup HIV testing |
| 335 | shall be based upon a determination by a physician and does not |
| 336 | require an additional court order. Notification to the victim, |
| 337 | or to the victim's parent or legal guardian, and to the |
| 338 | defendant of the results of each followup test shall made be as |
| 339 | soon as practicable in accordance with this section. |
| 340 | (3) DISCLOSURE OF RESULTS.- |
| 341 | (a) The results of the test shall be disclosed no later |
| 342 | than 2 weeks after the court receives such results, under the |
| 343 | direction of the Department of Health, to the person charged |
| 344 | with or alleged by petition for delinquency to have committed or |
| 345 | to the person convicted of or adjudicated delinquent for any |
| 346 | offense enumerated in s. 775.0877(1)(a)-(n), which involves the |
| 347 | transmission of body fluids from one person to another, and, |
| 348 | upon request, to the victim or the victim's legal guardian, or |
| 349 | the parent or legal guardian of the victim if the victim is a |
| 350 | minor, and to public health agencies pursuant to s. 775.0877. If |
| 351 | the alleged offender is a juvenile, the test results shall also |
| 352 | be disclosed to the parent or guardian. When the victim is a |
| 353 | victim as described in paragraph (2)(b), the test results must |
| 354 | also be disclosed no later than 2 weeks after the court receives |
| 355 | such results, to the person charged with or alleged by petition |
| 356 | for delinquency to have committed or to the person convicted of |
| 357 | or adjudicated delinquent for any offense enumerated in s. |
| 358 | 775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the |
| 359 | offense involves the transmission of bodily fluids from one |
| 360 | person to another, and, upon request, to the victim or the |
| 361 | victim's legal guardian, or the parent or legal guardian of the |
| 362 | victim, and to public health agencies pursuant to s. 775.0877. |
| 363 | Otherwise, hepatitis and HIV test results obtained pursuant to |
| 364 | this section are confidential and exempt from the provisions of |
| 365 | s. 119.07(1) and s. 24(a), Art. I of the State Constitution and |
| 366 | shall not be disclosed to any other person except as expressly |
| 367 | authorized by law or court order. |
| 368 | (b) At the time that the results are disclosed to the |
| 369 | victim or the victim's legal guardian, or to the parent or legal |
| 370 | guardian of a victim if the victim is a minor, the same |
| 371 | immediate opportunity for face-to-face counseling which must be |
| 372 | made available under s. 381.004 to those who undergo hepatitis |
| 373 | and HIV testing shall also be afforded to the victim or the |
| 374 | victim's legal guardian, or to the parent or legal guardian of |
| 375 | the victim if the victim is a minor. |
| 376 | (4) POSTCONVICTION TESTING.-If, for any reason, the |
| 377 | testing requested under subsection (2) has not been undertaken, |
| 378 | then upon request of the victim or the victim's legal guardian, |
| 379 | or the parent or legal guardian of the victim if the victim is a |
| 380 | minor, the court shall order the offender to undergo hepatitis |
| 381 | and HIV testing following conviction or delinquency |
| 382 | adjudication. The testing shall be performed under the direction |
| 383 | of the Department of Health, and the results shall be disclosed |
| 384 | in accordance with the provisions of subsection (3). |
| 385 | (5) EXCEPTIONS.-The provisions of Subsections (2) and (4) |
| 386 | do not apply if: |
| 387 | (a) The person charged with or convicted of or alleged by |
| 388 | petition for delinquency to have committed or been adjudicated |
| 389 | delinquent for an offense described in subsection (2) has |
| 390 | undergone hepatitis and HIV testing voluntarily or pursuant to |
| 391 | procedures established in s. 381.004(3)(h)6. or s. 951.27, or |
| 392 | any other applicable law or rule providing for hepatitis and HIV |
| 393 | testing of criminal defendants, inmates, or juvenile offenders, |
| 394 | subsequent to his or her arrest, conviction, or delinquency |
| 395 | adjudication for the offense for which he or she was charged or |
| 396 | alleged by petition for delinquency to have committed; and |
| 397 | (b) The results of such hepatitis and HIV testing have |
| 398 | been furnished to the victim or the victim's legal guardian, or |
| 399 | the parent or legal guardian of the victim if the victim is a |
| 400 | minor. |
| 401 | (6) TESTING DURING INCARCERATION, DETENTION, OR PLACEMENT; |
| 402 | DISCLOSURE.-In any case in which a person convicted of or |
| 403 | adjudicated delinquent for an offense described in subsection |
| 404 | (2) has not been tested under subsection (2), but undergoes |
| 405 | hepatitis and HIV testing during his or her incarceration, |
| 406 | detention, or placement, the results of the initial hepatitis |
| 407 | and HIV testing shall be disclosed in accordance with the |
| 408 | provisions of subsection (3). Except as otherwise requested by |
| 409 | the victim or the victim's legal guardian, or the parent or |
| 410 | guardian of the victim if the victim is a minor, if the initial |
| 411 | test is conducted within the first year of the imprisonment, |
| 412 | detention, or placement, the request for disclosure shall be |
| 413 | considered a standing request for any subsequent hepatitis and |
| 414 | HIV test results obtained within 1 year after the initial |
| 415 | hepatitis and HIV test are performed, and need not be repeated |
| 416 | for each test administration. Where the inmate or juvenile |
| 417 | offender has previously been tested pursuant to subsection (2) |
| 418 | the request for disclosure under this subsection shall be |
| 419 | considered a standing request for subsequent hepatitis and HIV |
| 420 | results conducted within 1 year of the test performed pursuant |
| 421 | to subsection (2). If the hepatitis and HIV testing is performed |
| 422 | by an agency other than the Department of Health, that agency |
| 423 | shall be responsible for forwarding the test results to the |
| 424 | Department of Health for disclosure in accordance with the |
| 425 | provisions of subsection (3). This subsection shall not be |
| 426 | limited to results of hepatitis and HIV tests administered |
| 427 | subsequent to June 27, 1990, but shall also apply to the results |
| 428 | of all hepatitis and HIV tests performed on inmates convicted of |
| 429 | or juvenile offenders adjudicated delinquent for sex offenses as |
| 430 | described in subsection (2) during their incarceration, |
| 431 | detention, or placement prior to June 27, 1990. |
| 432 | Section 13. Paragraph (n) of subsection (2) of section |
| 433 | 1003.42, Florida Statutes, is amended to read: |
| 434 | 1003.42 Required instruction.- |
| 435 | (2) Members of the instructional staff of the public |
| 436 | schools, subject to the rules of the State Board of Education |
| 437 | and the district school board, shall teach efficiently and |
| 438 | faithfully, using the books and materials required that meet the |
| 439 | highest standards for professionalism and historic accuracy, |
| 440 | following the prescribed courses of study, and employing |
| 441 | approved methods of instruction, the following: |
| 442 | (n) Comprehensive health education that addresses concepts |
| 443 | of community health; consumer health; environmental health; |
| 444 | family life, including an awareness of the benefits of sexual |
| 445 | abstinence as the expected standard and the consequences of |
| 446 | teenage pregnancy; mental and emotional health; injury |
| 447 | prevention and safety; Internet safety; nutrition; personal |
| 448 | health; prevention and control of disease; and substance use and |
| 449 | abuse. The health education curriculum for students in grades 7 |
| 450 | through 12 shall include a teen dating violence and abuse |
| 451 | component that includes, but is not limited to, the definition |
| 452 | of dating violence and abuse, the warning signs of dating |
| 453 | violence and abusive behavior, the characteristics of healthy |
| 454 | relationships, measures to prevent and stop dating violence and |
| 455 | abuse, and community resources available to victims of dating |
| 456 | violence and abuse. |
| 457 |
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| 458 | The State Board of Education is encouraged to adopt standards |
| 459 | and pursue assessment of the requirements of this subsection. |
| 460 | Section 14. This act shall take effect July 1, 2011. |