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.
   20  Be It Enacted by the Legislature of the State of Florida:
   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.