Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 1530 Ì730446*Î730446 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.