Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1530
       
       
       
       
       
       
                                Ì730446*Î730446                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Criminal Justice (Book) recommended the
       following:
       
    1         Senate Substitute for Amendment (905096) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsections (2) and (3) of section 27.14,
    7  Florida Statutes, are renumbered as subsections (3) and (4),
    8  respectively, and subsection (2) is added to that section, to
    9  read:
   10         27.14 Assigning state attorneys to other circuits.—
   11         (2)A victim of a sexual battery or cyberstalking may
   12  petition the Governor to disqualify a state attorney pursuant to
   13  subsection (1) if sufficient evidence is presented that shows a
   14  willful disregard of the evidence and repeated failure of a
   15  state attorney to prosecute a particular crime.
   16         Section 2. Section 154.012, Florida Statutes, is created to
   17  read:
   18         154.012 Sexual assault response teams; membership; duties.—
   19         (1)The health department in every county in this state, or
   20  its designee, shall participate in the local sexual assault
   21  response team coordinated by the certified rape crisis center
   22  serving the county if such a team exists. If a local sexual
   23  assault response team does not exist, the certified rape crisis
   24  center serving the county may coordinate with community partners
   25  to establish a local or a regional team. The purpose of the
   26  sexual assault response team is to ensure a coordinated
   27  multidisciplinary response to sexual violence.
   28         (2)Each team shall develop a written protocol to govern
   29  the team’s response to sexual assault that includes:
   30         (a)The role and responsibilities of each team member.
   31         (b)Procedural issues regarding the immediate crisis and
   32  health care and law enforcement responses and follow-up services
   33  provided to a victim.
   34         (c)Procedures for the preservation, secure storage, and
   35  destruction of evidence from a sexual assault evidence kit,
   36  including length of storage, site of storage, and chain of
   37  custody.
   38         (d)Procedures for maintaining the confidentiality of the
   39  victim regarding the forensic medical examination.
   40         (3)Membership of each team shall be determined by the
   41  certified rape crisis center in collaboration with community
   42  partners. At a minimum, membership should include the following
   43  persons or their designees:
   44         (a)The director of the local certified rape crisis center;
   45         (b)A representative from the county health department;
   46         (c) The state attorney;
   47         (d)The chief of police;
   48         (e)The county sheriff.
   49         (f)Forensic sexual assault nurse examiners; and
   50         (g)A representative from local hospital emergency
   51  departments;
   52         (4)The Florida Council Against Sexual Violence shall
   53  provide technical assistance relating to the development and
   54  implementation of the teams.
   55         (5)Each team shall promote and support the use of
   56  qualified sexual assault forensic examiners who have
   57  successfully completed a minimum of 40 hours of specialized
   58  training in the provision of trauma-informed medical care and in
   59  the collection of evidence for sexual assault victims.
   60         (6)Each team shall meet at least quarterly, or more often
   61  as determined by the team's membership, to ensure a coordinated
   62  multidisciplinary response to sexual violence and shall produce
   63  an annual report for the jurisdictions covered by the team that
   64  includes local statistics on the number of forensic medical
   65  examinations performed, the number of criminal sexual assaults
   66  reported to law enforcement, the number of cases referred by law
   67  enforcement for prosecution, the number of criminal sexual
   68  assaults prosecuted and the outcome of the prosecutions. The
   69  annual report shall be submitted to the Florida Council Against
   70  Sexual Violence. The Florida Council Against Sexual Violence
   71  shall publish the annual report on its website.
   72         Section 3. This act shall take effect July 1, 2021.
   73  
   74  ================= T I T L E  A M E N D M E N T ================
   75  And the title is amended as follows:
   76         Delete everything before the enacting clause
   77  and insert:
   78                        A bill to be entitled                      
   79         An act relating to victims of sexual offenses;
   80         amending s. 27.14, F.S.; providing for a victim of
   81         sexual battery or cyberstalking to petition the
   82         Governor to disqualify a state attorney under limited
   83         circumstances; creating s. 154.012, F.S.; requiring
   84         county health departments to participate in local
   85         sexual assault response teams coordinated by local
   86         certified rape crisis centers, if such a team exists;
   87         providing for establishment of regional sexual assault
   88         response teams; providing for duties, membership,
   89         meetings, technical assistance, and an annual report;
   90         requiring teams to promote and support the use of
   91         sexual assault forensic examiners meeting certain
   92         requirements; providing an effective date.