Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1530
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Criminal Justice (Book) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (2) and (3) of section 27.14,
    6  Florida Statutes, are renumbered as subsections (3) and (4),
    7  respectively, and subsection (2) is added to that section, to
    8  read:
    9         27.14 Assigning state attorneys to other circuits.—
   10         (2)A victim of a sexual battery or cyberstalking may
   11  petition the Governor to disqualify a state attorney pursuant to
   12  subsection (1) if sufficient evidence is presented that shows a
   13  willful disregard of the evidence and repeated failure of a
   14  state attorney to prosecute a particular crime.
   15         Section 2. Section 154.012, Florida Statutes, is created to
   16  read:
   17         154.012 Sexual assault response teams; membership; duties.—
   18         (1)The health department in every county in this state, or
   19  its designee, shall participate in the local sexual assault
   20  response team coordinated by the certified rape crisis center
   21  serving the county if such a team exists. If a local sexual
   22  assault response team does not exist, the certified rape crisis
   23  center serving the county may coordinate with community partners
   24  to establish a local or a regional team. The purpose of the
   25  sexual assault response team is to ensure a coordinated
   26  multidisciplinary response to sexual violence.
   27         (2)Each team shall develop a written protocol to govern
   28  the team’s response to sexual assault that includes:
   29         (a)The role and responsibilities of each team member.
   30         (b)Procedural issues regarding the immediate crisis and
   31  health care and law enforcement responses and follow-up services
   32  provided to a victim.
   33         (c)Procedures for the preservation, secure storage, and
   34  destruction of evidence from a sexual assault evidence kit,
   35  including length of storage, site of storage, and chain of
   36  custody.
   37         (d)Procedures for maintaining the confidentiality of the
   38  victim regarding the forensic medical examination.
   39         (3)Membership of each team shall be determined by the
   40  certified rape crisis center in collaboration with community
   41  partners. At a minimum, membership should include the following
   42  persons or their designees:
   43         (a)The director of the local certified rape crisis center;
   44         (b)A representative from the county health department;
   45         (c) The state attorney;
   46         (d)The chief of police;
   47         (e)The county sheriff.
   48         (f)Forensic sexual assault nurse examiners; and
   49         (g)A representative from local hospital emergency
   50  departments;
   51         (4)The Florida Council Against Sexual Violence shall
   52  provide technical assistance relating to the development and
   53  implementation of the teams.
   54         (5)Each team shall promote and support the use of
   55  qualified sexual assault forensic examiners who have
   56  successfully completed a minimum of 40 hours of specialized
   57  training in the provision of trauma-informed medical care and in
   58  the collection of evidence for sexual assault victims.
   59         (6)Each team shall meet at least quarterly, or more often
   60  as determined by the team's membership, to ensure a coordinated
   61  multidisciplinary response to sexual violence and shall produce
   62  an annual report for the jurisdictions covered by the team that
   63  includes local statistics on the number of forensic medical
   64  examinations performed, the number of criminal sexual assaults
   65  reported to law enforcement, the number of cases referred by law
   66  enforcement for prosecution, the number of criminal sexual
   67  assaults prosecuted and the outcome of the prosecutions. The
   68  annual report shall be submitted to the Florida Council Against
   69  Sexual Violence. The Florida Council Against Sexual Violence
   70  shall publish the annual report on its website.
   71         Section 3. Subsection (7) is added to section 943.17,
   72  Florida Statutes, to read:
   73         943.17 Basic recruit, advanced, and career development
   74  training programs; participation; cost; evaluation.—The
   75  commission shall, by rule, design, implement, maintain,
   76  evaluate, and revise entry requirements and job-related
   77  curricula and performance standards for basic recruit, advanced,
   78  and career development training programs and courses. The rules
   79  shall include, but are not limited to, a methodology to assess
   80  relevance of the subject matter to the job, student performance,
   81  and instructor competency.
   82         (7)The commission, in consultation with the Florida
   83  Council Against Sexual Violence, shall establish minimum
   84  standards for basic and advanced career development training
   85  programs for law enforcement officers that include a culturally
   86  responsive trauma-informed response to sexual assault. After
   87  July 1, 2022, every basic skills course required for law
   88  enforcement officers to obtain initial and continuing education
   89  certification must include training on culturally responsive
   90  trauma-informed interviewing of sexual assault victims and
   91  investigations.
   92         Section 4. Section 943.1724, Florida Statutes, is created
   93  to read:
   94         943.1724Training on sexual assault.—
   95         (1)The commission shall incorporate a culturally
   96  responsive trauma-informed response to sexual assault into the
   97  course curriculum required for a law enforcement officer to
   98  obtain initial certification.
   99         (2)Each law enforcement officer must successfully complete
  100  training on sexual violence and interviewing of sexual assault
  101  victims and investigations, with an emphasis on culturally
  102  responsive trauma-informed interviewing of sexual assault
  103  victims and investigations as a part of the basic recruit
  104  training, as required under s. 943.13(9), training required
  105  under s. 943.131(4)(a), or as a part of continuing training or
  106  education required under s. 943.135(1), before July 1, 2024. If
  107  an officer fails to complete the required training, his or her
  108  certification must be placed on inactive status until the
  109  employing agency notifies the commission that the officer has
  110  completed the training.
  111         Section 5. This act shall take effect July 1, 2021.
  113  ================= T I T L E  A M E N D M E N T ================
  114  And the title is amended as follows:
  115         Delete everything before the enacting clause
  116  and insert:
  117                        A bill to be entitled                      
  118         An act relating to victims of sexual offenses;
  119         amending s. 27.14, F.S.; providing for a victim of
  120         sexual battery or cyberstalking to petition the
  121         Governor to disqualify a state attorney under limited
  122         circumstances; creating s. 154.012, F.S.; requiring
  123         county health departments to participate in local
  124         sexual assault response teams coordinated by local
  125         certified rape crisis centers, if such a team exists;
  126         providing for establishment of regional sexual assault
  127         response teams; providing for duties, membership,
  128         meetings, technical assistance, and an annual report;
  129         requiring teams to promote and support the use of
  130         sexual assault forensic examiners meeting certain
  131         requirements; amending s. 943.17, F.S.; requiring the
  132         Criminal Justice Standards and Training Commission, in
  133         consultation with the Florida Council Against Sexual
  134         Violence, to establish minimum standards for basic and
  135         advanced career development training programs for law
  136         enforcement officers that include a culturally
  137         responsive trauma-informed response to sexual assault;
  138         requiring every basic skills course for law
  139         enforcement officers to include certain training by a
  140         specified date; creating s. 943.1724, F.S.; requiring
  141         the Criminal Justice Standards and Training Commission
  142         to incorporate a culturally responsive trauma-informed
  143         response to sexual assault into a certain course
  144         curriculum; requiring each law enforcement officer to
  145         successfully complete training on sexual violence and
  146         interviewing of sexual assault victims and
  147         investigations within a within a specified timeframe;
  148         providing requirements for current law enforcement
  149         officers; providing an effective date.