Florida Senate - 2015                                    SB 1166
       
       
        
       By Senator Sachs
       
       
       
       
       
       34-01383-15                                           20151166__
    1                        A bill to be entitled                      
    2         An act relating to human trafficking; creating s.
    3         92.562, F.S.; defining terms; providing for
    4         confidentiality under the Florida Evidence Code of
    5         communications between a human trafficking victim
    6         advocate and a victim; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Section 92.562, Florida Statutes, is created to
   11  read:
   12         92.562 Human trafficking victim advocate; privileged
   13  communication.—
   14         (1) For purposes of this section, the term:
   15         (a) “Confidential communication” means a communication
   16  between a human trafficking victim advocate and a victim of
   17  human trafficking which is related to the incident of human
   18  trafficking for which the victim is seeking assistance and which
   19  is not intended to be disclosed to a third party other than:
   20         1. Those persons present to further the interest of the
   21  victim in the consultation, assessment, or interview.
   22         2. Those persons to whom disclosure is reasonably necessary
   23  to accomplish the purpose for which the human trafficking victim
   24  advocate is consulted.
   25         (b) “Human trafficking” has the same meaning as provided in
   26  s. 787.06.
   27         (c) “Human trafficking victim advocate” means any employee
   28  of the Department of Children and Families or a volunteer who
   29  has 30 hours of training in assisting victims of human
   30  trafficking and is an employee of or volunteer for a program for
   31  victims of human trafficking whose primary purpose is the
   32  rendering of advice, counseling, or assistance to victims of
   33  human trafficking.
   34         (d) “Victim” means a person who consults a human
   35  trafficking victim advocate for the purpose of securing advice,
   36  counseling, or assistance concerning a mental, physical, or
   37  emotional condition caused by an act of human trafficking, an
   38  alleged act of human trafficking, or an attempted act of human
   39  trafficking.
   40         (2) A victim has a privilege to refuse to disclose, and to
   41  prevent any other person from disclosing, a confidential
   42  communication made by the victim to a human trafficking victim
   43  advocate or any record made in the course of advising,
   44  counseling, or assisting the victim. The privilege applies to
   45  confidential communications made between the victim and the
   46  victim advocate and to records of those communications only if
   47  the victim advocate is registered with the Department of
   48  Children and Families at the time the communication is made.
   49  This privilege includes any advice given by the victim advocate
   50  in the course of that relationship.
   51         (3) The privilege may be claimed by:
   52         (a) The victim or the victim’s attorney on behalf of the
   53  victim.
   54         (b) A guardian or conservator of the victim.
   55         (c) The personal representative of a deceased victim.
   56         (d) The human trafficking victim advocate, but only on
   57  behalf of the victim. The authority of a victim advocate to
   58  claim the privilege is presumed in the absence of evidence to
   59  the contrary.
   60         Section 2. This act shall take effect July 1, 2015.