Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1826
       
       
       
       
       
       
                                Ì970458EÎ970458                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/14/2021 06:13 PM       .                                
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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