Florida Senate - 2021                                    SB 1044
       
       
        
       By Senator Berman
       
       
       
       
       
       31-00384-21                                           20211044__
    1                        A bill to be entitled                      
    2         An act relating to victims of crimes of sexual
    3         violence or sexual exploitation; creating s. 960.31,
    4         F.S.; defining terms; providing that a victim of any
    5         crime of sexual violence or sexual exploitation has
    6         the right to prevent any person or entity from
    7         disclosing or disseminating information or records
    8         that might identify him or her as a victim of such
    9         crimes; prohibiting a person or an entity in
   10         possession of information or records that might
   11         identify an individual as a victim of a crime of
   12         sexual violence or sexual exploitation from disclosing
   13         or disseminating such information or records without
   14         first obtaining the express written consent of the
   15         victim; providing that specified rights may be waived
   16         only by express action; providing construction;
   17         providing applicability; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 960.31, Florida Statutes, is created to
   22  read:
   23         960.31 Rights of victims of crimes of sexual violence or
   24  sexual exploitation.—
   25         (1) As used in this section, the term:
   26         (a) “Crime of sexual violence or sexual exploitation” means
   27  any sexual offense prohibited by law under s. 787.06, chapter
   28  794, chapter 796, chapter 800, or s. 827.071.
   29         (b) “Public proceeding” includes any public proceeding and
   30  is not limited to a criminal justice proceeding.
   31         (c) “School” includes any public or private K-12 school,
   32  college, or university.
   33         (d) “Victim” includes minors and adults, and adult
   34  survivors of a crime of sexual violence or sexual exploitation
   35  suffered as a minor. The term also includes a person who suffers
   36  direct or threatened physical, psychological, or financial harm
   37  as a result of the commission or attempted commission of a crime
   38  of sexual violence or sexual exploitation. The term also
   39  includes the victim’s lawful representative, the parent or
   40  guardian of a minor victim, and the next of kin of a homicide
   41  victim, except upon a showing that the interests of such
   42  individual would be in actual or potential conflict with the
   43  interests of the victim. The term does not include the accused.
   44  The terms “crime” and “criminal” include delinquent acts and
   45  conduct.
   46         (2)(a) A victim of any crime of sexual violence or sexual
   47  exploitation has the right to prevent any person or entity from
   48  disclosing or disseminating information or records that might
   49  identify him or her as the victim of sexual violence or sexual
   50  exploitation to any member of the public, including in response
   51  to a public records request or in any public proceeding, in
   52  accordance with s. 16, Art. I of the State Constitution.
   53         (b) A person or an entity in possession of information or
   54  records that might identify an individual as a victim of a crime
   55  of sexual violence or sexual exploitation may not disclose or
   56  disseminate such information or records without first obtaining
   57  the express written consent of the victim, including in response
   58  to a public records request or in any public proceeding, in
   59  accordance with s. 16, Art. I of the State Constitution.
   60         (3) For purposes of this section, a crime of sexual
   61  violence or sexual exploitation is deemed to have occurred from
   62  the moment the crime is committed, regardless of whether the
   63  accused perpetrator is identified, arrested, prosecuted, or
   64  convicted, and regardless of whether a law enforcement officer
   65  or law enforcement agency confirms by probable cause that a
   66  crime occurred.
   67         (4) This section applies to any crime of sexual violence or
   68  sexual exploitation that is reported by, or on behalf of, a
   69  victim. Such a crime is deemed reported if the victim, or
   70  someone acting on the victim’s behalf, reports the crime to any
   71  of the following:
   72         (a) A law enforcement officer or law enforcement agency,
   73  including a law enforcement officer or law enforcement agency of
   74  a school.
   75         (b) A licensed medical provider or facility, including by
   76  seeking a sexual assault examination or any other medical care
   77  related to the crime of sexual violence or sexual exploitation.
   78         (c) A mental health provider, including any crime victim
   79  counselor or victim advocate, or any school counseling service.
   80         (d) A school employee in a teaching or administrative
   81  position.
   82         (e) A school employee whose job functions include oversight
   83  of on-campus housing at any school.
   84         (5) The rights guaranteed under this section may be waived
   85  only by express action. No action by a victim may be deemed an
   86  implicit waiver of his or her rights under this act.
   87         (6) This act does not apply in any case in which a law
   88  enforcement agency, after investigation, concludes that a
   89  reported crime was intentionally false.
   90         (7) The granting of the rights enumerated in this act to a
   91  victim may not be construed to deny or impair any other rights
   92  possessed by a victim.
   93         Section 2. This act shall take effect July 1, 2021.