Florida Senate - 2021 SENATOR AMENDMENT
Bill No. CS for CS for SB 1826
Ì970458EÎ970458
LEGISLATIVE ACTION
Senate . House
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Senator Diaz moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 105 and 106
4 insert:
5 Section 2. Section 92.55, Florida Statutes, is amended to
6 read:
7 92.55 Judicial or other proceedings involving a victim or
8 witness under the age of 18, a person who has an intellectual
9 disability, a human trafficking victim or witness, or a sexual
10 offense victim or witness; special protections; use of therapy
11 animals or facility dogs.—
12 (1) For purposes of this section, the term:
13 (a) “Human trafficking offense” means any offense specified
14 in s. 787.06.
15 (b) “Human trafficking victim or witness” means a person
16 who was under the age of 18 when he or she was the victim of or
17 a witness to a human trafficking offense.
18 (c) “Sexual offense victim or witness” means a person who
19 was under the age of 18 when he or she was the victim of or a
20 witness to a sexual offense.
21 (d)(b) “Sexual offense” means any offense specified in s.
22 775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I).
23 (2) Upon motion of any party, upon motion of a parent,
24 guardian, attorney, guardian ad litem, or other advocate
25 appointed by the court under s. 914.17 for a victim or witness
26 under the age of 18, a person who has an intellectual
27 disability, a human trafficking victim or witness, or a sexual
28 offense victim or witness, or upon its own motion, the court may
29 enter any order necessary to protect the victim or witness in
30 any judicial proceeding or other official proceeding from
31 moderate severe emotional or mental harm due to the presence of
32 the defendant if the victim or witness is required to testify in
33 open court. Such orders must relate to the taking of testimony
34 and include, but are not limited to:
35 (a) Interviewing or the taking of depositions as part of a
36 civil or criminal proceeding.
37 (b) Examination and cross-examination for the purpose of
38 qualifying as a witness or testifying in any proceeding.
39 (c) The use of testimony taken outside of the courtroom,
40 including proceedings under ss. 92.53 and 92.54.
41 (3) In ruling upon a the motion filed under this section,
42 the court may shall consider:
43 (a) The age of the victim or witness; child,
44 (b) The nature of the offense or act;,
45 (c) The complexity of the issues involved;
46 (d) The relationship of the victim or witness child to the
47 parties in the case or to the defendant in a criminal action;,
48 (e) The degree of emotional or mental harm trauma that will
49 result to the child as a consequence of the examination,
50 interview, or testimony;
51 (f) The age of the sexual offense victim or witness when
52 the sexual offense occurred; defendant’s presence, and
53 (g) Any other fact that the court deems relevant.;
54 (b) The age of the person who has an intellectual
55 disability, the functional capacity of such person, the nature
56 of the offenses or act, the relationship of the person to the
57 parties in the case or to the defendant in a criminal action,
58 the degree of emotional trauma that will result to the person as
59 a consequence of the defendant’s presence, and any other fact
60 that the court deems relevant; or
61 (c) The age of the sexual offense victim or witness when
62 the sexual offense occurred, the relationship of the sexual
63 offense victim or witness to the parties in the case or to the
64 defendant in a criminal action, the degree of emotional trauma
65 that will result to the sexual offense victim or witness as a
66 consequence of the defendant’s presence, and any other fact that
67 the court deems relevant.
68 (4)(a) In addition to such other relief provided by law,
69 the court may enter orders it deems just and appropriate for the
70 protection of limiting the number of times that a child, a
71 person who has an intellectual disability, a human trafficking
72 victim or witness, or a sexual offense victim or witness,
73 including, but not limited to:
74 1. Limiting the number of times that a victim or witness
75 may be interviewed;,
76 2. Prohibiting depositions of the victim or witness;,
77 3. Limiting the length and scope of any deposition;
78 4. Requiring that a deposition be taken only by written
79 questions;
80 5. Requiring that a deposition be in the presence of a
81 trial judge or magistrate;
82 6. Sealing the tape or transcript of a deposition until
83 further order of the court;
84 7. Requiring the submission of questions before the
85 examination of the victim or witness;,
86 8. Setting the place and conditions for interviewing the
87 victim or witness or for conducting any other proceeding;, or
88 9. Authorizing permitting or prohibiting the attendance of
89 any person at any proceeding.
90 (b) The court shall enter any order necessary to protect
91 the rights of all parties, including the defendant in any
92 criminal action.
93 (5) The court may set any other conditions it finds just
94 and appropriate when taking the testimony of a victim or witness
95 under the age of 18, a person who has an intellectual
96 disability, a human trafficking victim or witness, or a sexual
97 offense victim or witness, including the use of a therapy animal
98 or facility dog, in any proceeding involving a sexual offense,
99 human trafficking, or child abuse, abandonment, or neglect.
100 (a) When deciding whether to allow permit a victim or
101 witness under the age of 18, a person who has an intellectual
102 disability, a human trafficking victim or witness, or a sexual
103 offense victim or witness to testify with the assistance of a
104 therapy animal or facility dog, the court shall consider the age
105 of the child victim or witness; the age of the human trafficking
106 victim or witness at the time the human trafficking offense
107 occurred;, the age of the sexual offense victim or witness at
108 the time the sexual offense occurred;, the interests of the
109 child victim or witness, human trafficking offense victim or
110 witness, or sexual offense victim or witness;, the rights of the
111 parties to the litigation;, and any other relevant factor that
112 would facilitate the testimony by the victim or witness under
113 the age of 18, person who has an intellectual disability, human
114 trafficking victim or witness, or sexual offense victim or
115 witness.
116 (b) For purposes of this subsection the term:
117 1. “Facility dog” means a dog that has been trained,
118 evaluated, and certified as a facility dog pursuant to industry
119 standards and provides unobtrusive emotional support to children
120 and adults in facility settings.
121 2. “Therapy animal” means an animal that has been trained,
122 evaluated, and certified as a therapy animal pursuant to
123 industry standards by an organization that certifies animals as
124 appropriate to provide animal therapy.
125
126 ================= T I T L E A M E N D M E N T ================
127 And the title is amended as follows:
128 Delete line 9
129 and insert:
130 volunteers; amending s. 92.55, F.S.; defining terms;
131 authorizing a court, upon a motion by specified
132 persons, to enter any order necessary to protect
133 certain victims or witnesses from moderate, rather
134 than from severe, emotional or mental harm; revising
135 the factors that a court is authorized, rather than
136 required, to consider in ruling upon a certain filed
137 motion; revising the options for relief that a court
138 is authorized to order to protect certain persons;
139 authorizing a court to set any other conditions it
140 finds just and appropriate when taking the testimony
141 of a human trafficking victim or witness; requiring a
142 court to consider the age of the human trafficking
143 victim or witness at the time the human trafficking
144 offense occurred when deciding whether to allow the
145 human trafficking victim or witness to testify; making
146 technical changes; amending s. 787.06, F.S.; revising
147 the