Florida Senate - 2021 CS for SB 1530 By the Committee on Criminal Justice; and Senator Book 591-03250-21 20211530c1 1 A bill to be entitled 2 An act relating to victims of sexual offenses; 3 amending s. 27.14, F.S.; authorizing a victim of 4 sexual battery or cyberstalking to petition the 5 Governor to disqualify a state attorney under certain 6 circumstances; creating s. 154.012, F.S.; requiring 7 county health departments to participate in local 8 sexual assault response teams coordinated by local 9 certified rape crisis centers if such a team exists; 10 authorizing the certified rape crisis center serving 11 the county to coordinate with community partners to 12 establish a local or regional team if a local sexual 13 assault response team does not exist; providing the 14 purpose of such teams; providing for duties, 15 membership, meetings, technical assistance, and an 16 annual report; requiring teams to promote and support 17 the use of sexual assault forensic examiners meeting 18 certain requirements; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Present subsections (2) and (3) of section 23 27.14, Florida Statutes, are redesignated as subsections (3) and 24 (4), respectively, and a new subsection (2) is added to that 25 section, to read: 26 27.14 Assigning state attorneys to other circuits.— 27 (2) A victim of a sexual battery or cyberstalking may 28 petition the Governor to disqualify a state attorney pursuant to 29 subsection (1) if sufficient evidence is presented that shows a 30 willful disregard of the evidence and repeated failure of a 31 state attorney to prosecute a particular crime. 32 Section 2. Section 154.012, Florida Statutes, is created to 33 read: 34 154.012 Sexual assault response teams; membership; duties.— 35 (1) The health department in every county in this state, or 36 its designee, shall participate in the local sexual assault 37 response team coordinated by the certified rape crisis center 38 serving the county if such a team exists. If a local sexual 39 assault response team does not exist, the certified rape crisis 40 center serving the county may coordinate with community partners 41 to establish a local or a regional team. The purpose of the 42 sexual assault response team is to ensure a coordinated 43 multidisciplinary response to sexual violence. 44 (2) Each team shall develop a written protocol to govern 45 the team’s response to sexual assault which includes: 46 (a) The role and responsibilities of each team member. 47 (b) Procedural issues regarding the immediate crisis and 48 health care and law enforcement responses and followup services 49 provided to a victim. 50 (c) Procedures for the preservation, secure storage, and 51 destruction of evidence from a sexual assault evidence kit, 52 including length of storage, site of storage, and chain of 53 custody. 54 (d) Procedures for maintaining the confidentiality of the 55 victim regarding the forensic medical examination. 56 (3) Membership of each team shall be determined by the 57 certified rape crisis center in collaboration with community 58 partners. At a minimum, membership should include the following 59 persons or their designees: 60 (a) The director of the local certified rape crisis center; 61 (b) A representative from the county health department; 62 (c) The state attorney; 63 (d) The chief of police; 64 (e) The county sheriff; 65 (f) Forensic sexual assault nurse examiners; and 66 (g) A representative from local hospital emergency 67 departments. 68 (4) The Florida Council Against Sexual Violence shall 69 provide technical assistance relating to the development and 70 implementation of the teams. 71 (5) Each team shall promote and support the use of 72 qualified sexual assault forensic examiners who have 73 successfully completed a minimum of 40 hours of specialized 74 training in the provision of trauma-informed medical care and in 75 the collection of evidence for sexual assault victims. 76 (6) Each team shall meet at least quarterly, or more often 77 as determined by the team’s membership, to ensure a coordinated 78 multidisciplinary response to sexual violence and shall produce 79 an annual report for the jurisdictions covered by the team which 80 includes local statistics on the number of forensic medical 81 examinations performed, the number of criminal sexual assaults 82 reported to law enforcement, the number of cases referred by law 83 enforcement for prosecution, the number of criminal sexual 84 assaults prosecuted, and the outcome of the prosecutions. Each 85 annual report shall be submitted to the Florida Council Against 86 Sexual Violence, which must publish the annual reports on its 87 website. 88 Section 3. This act shall take effect July 1, 2021.