Florida Senate - 2019 SB 1068
By Senator Bean
4-01278A-19 20191068__
1 A bill to be entitled
2 An act relating to crime victim assistance; amending
3 s. 960.03, F.S.; redefining the term “crime” to
4 include the commission of certain lewd or lascivious
5 offenses; amending s. 960.28, F.S.; increasing the
6 maximum amount the Crime Victims’ Services Office of
7 the Department of Legal Affairs is required to pay for
8 certain medical expenses of victims of specified
9 crimes; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (a) of subsection (3) of section
14 960.03, Florida Statutes, is amended, and paragraph (g) is added
15 to that subsection, to read:
16 960.03 Definitions; ss. 960.01-960.28.—As used in ss.
17 960.01-960.28, unless the context otherwise requires, the term:
18 (3) “Crime” means:
19 (a) A felony or misdemeanor offense committed by an adult
20 or a juvenile which results in physical injury or death, a
21 violation of s. 800.04 or a forcible felony committed by an
22 adult or juvenile which directly results in psychiatric or
23 psychological injury, or a felony or misdemeanor offense of
24 child abuse committed by an adult or a juvenile which results in
25 a mental injury, as defined in s. 827.03, to a person younger
26 than 18 years of age who was not physically injured by the
27 criminal act. The mental injury to the minor must be verified by
28 a psychologist licensed under chapter 490, by a physician
29 licensed in this state under chapter 458 or chapter 459 who has
30 completed an accredited residency in psychiatry, or by a
31 physician who has obtained certification as an expert witness
32 pursuant to s. 458.3175. The term also includes a criminal act
33 that is committed within this state but that falls exclusively
34 within federal jurisdiction.
35 (g) An act of intentionally touching in a lewd or
36 lascivious manner the breasts, genitals, genital area, or
37 buttocks, or the clothing covering those areas, of a person 16
38 or 17 years of age or forcing or enticing a person 16 or 17
39 years of age to so touch the actor, when such act is without the
40 person’s consent and directly results in psychiatric or
41 psychological injury.
42 Section 2. Subsection (2) of section 960.28, Florida
43 Statutes, is amended to read:
44 960.28 Payment for victims’ initial forensic physical
45 examinations.—
46 (2) The Crime Victims’ Services Office of the department
47 shall pay for medical expenses connected with an initial
48 forensic physical examination of a victim of sexual battery as
49 defined in chapter 794 or a lewd or lascivious offense as
50 defined in chapter 800. Such payment shall be made regardless of
51 whether the victim is covered by health or disability insurance
52 and whether the victim participates in the criminal justice
53 system or cooperates with law enforcement. The payment shall be
54 made only out of moneys allocated to the Crime Victims’ Services
55 Office for the purposes of this section, and the payment may not
56 exceed $1,000 $500 with respect to any violation. The department
57 shall develop and maintain separate protocols for the initial
58 forensic physical examination of adults and children. Payment
59 under this section is limited to medical expenses connected with
60 the initial forensic physical examination, and payment may be
61 made to a medical provider using an examiner qualified under
62 part I of chapter 464, excluding s. 464.003(14); chapter 458; or
63 chapter 459. Payment made to the medical provider by the
64 department shall be considered by the provider as payment in
65 full for the initial forensic physical examination associated
66 with the collection of evidence. The victim may not be required
67 to pay, directly or indirectly, the cost of an initial forensic
68 physical examination performed in accordance with this section.
69 Section 3. This act shall take effect July 1, 2019.