Florida Senate - 2022 SENATOR AMENDMENT
Bill No. CS for CS for SB 772
Ì796990QÎ796990
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
02/17/2022 02:24 PM .
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Senator Diaz moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 72 - 203
4 and insert:
5 offense victims in dependency proceedings related to abuse,
6 abandonment, or neglect of children under chapter 39 or criminal
7 proceedings involving any of the following:
8 1. Any offense constituting domestic violence as defined in
9 s. 741.28.
10 2. Murder under s. 782.04.
11 3. Manslaughter under s. 782.07.
12 4. Aggravated cyberstalking under s. 784.048.
13 5. Kidnapping under s. 787.01.
14 6. False imprisonment under s. 787.02.
15 7. Human trafficking under s. 787.06.
16 8. Sexual battery under s. 794.011.
17 9. Lewd or lascivious offenses under s. 800.04 or s.
18 825.1025.
19 10. Child abuse or neglect of a child under s. 827.03.
20 11. Use of a child in a sexual performance under s.
21 827.071.
22 12. Computer pornography under s. 847.0135 or the
23 transmission of pornography by electronic device or equipment
24 under s. 847.0137.
25 (b) Upon written motion and written findings that a
26 deposition is necessary to assist a trial, that the evidence
27 sought is not reasonably available by any other means, and that
28 the probative value of the testimony outweighs the potential
29 detriment to the person to be deposed, the court may authorize
30 the taking of a deposition and may order protections deemed
31 necessary, including those provided in this section.
32 (4)(3) In ruling upon a the motion filed under this
33 section, the court may shall consider:
34 (a) The age of the victim or witness. child,
35 (b) The nature of the offense or act.,
36 (c) The complexity of the issues involved.
37 (d) The relationship of the victim or witness child to the
38 parties in the case or to the defendant in a criminal action.,
39 (e) The degree of emotional or mental harm trauma that will
40 result to the child as a consequence of the examination,
41 interview, or testimony. defendant’s presence, and
42 (f) The functional capacity of the victim or witness if he
43 or she has an intellectual disability.
44 (g) The age of the sexual offense victim when the sexual
45 offense occurred.
46 (h) Any other fact that the court deems relevant;
47 (b) The age of the person who has an intellectual
48 disability, the functional capacity of such person, the nature
49 of the offenses or act, the relationship of the person to the
50 parties in the case or to the defendant in a criminal action,
51 the degree of emotional trauma that will result to the person as
52 a consequence of the defendant’s presence, and any other fact
53 that the court deems relevant; or
54 (c) The age of the sexual offense victim or witness when
55 the sexual offense occurred, the relationship of the sexual
56 offense victim or witness to the parties in the case or to the
57 defendant in a criminal action, the degree of emotional trauma
58 that will result to the sexual offense victim or witness as a
59 consequence of the defendant’s presence, and any other fact that
60 the court deems relevant.
61 (5)(4) In addition to such other relief provided by law,
62 the court may enter orders it deems just and appropriate for the
63 protection of limiting the number of times that a child, a
64 person who has an intellectual disability, or a sexual offense
65 victim, including limiting the number of times a victim or
66 witness may be interviewed, limiting the length and scope of a
67 deposition, requiring a deposition to be taken only by written
68 questions, requiring a deposition to be in the presence of a
69 trial judge or magistrate, sealing the tape or transcript of a
70 deposition until further order of the court, allowing use of a
71 therapy animal or facility dog prohibiting depositions of the
72 victim or witness, requiring the submission of questions before
73 the examination of the victim or witness, setting the place and
74 conditions for interviewing the victim or witness or for
75 conducting any other proceeding, or permitting or prohibiting
76 the attendance of any person at any proceeding. The court shall
77 enter any order necessary to protect the rights of all parties,
78 including the defendant in any criminal action.
79 (6) Section 794.022 applies to depositions taken pursuant
80 to this section. If a deposition is taken pursuant to this
81 section, the court must appoint a guardian ad litem or other
82 advocate pursuant to s. 914.17 to represent the deponent for the
83 purposes of the deposition if the deponent does not already have
84 counsel.
85 (7) The court, on its own motion or that of any party, may
86 request the aid of an interpreter, as provided in s. 90.606, to
87 aid the parties in formulating methods of questioning the child,
88 the person who has an intellectual disability, or the sexual
89 offense victim and in interpreting his or her answers during
90 proceedings conducted under this section.
91 (8) The court shall make specific findings of fact on the
92 record as to the basis for its orders and rulings under this
93 section.
94 (5) The court may set any other conditions it finds just
95 and appropriate when taking the testimony of a victim or witness
96 under the age of 18, a person who has an intellectual
97 disability, or a sexual offense victim or witness, including the
98 use of a therapy animal or facility dog, in any proceeding
99 involving a sexual offense or child abuse, abandonment, or
100 neglect.
101 (a) When deciding whether to permit a victim or witness
102 under the age of 18, a person who has an intellectual
103 disability, or a sexual offense victim or witness to testify
104 with the assistance of a therapy animal or facility dog, the
105 court shall consider the age of the child victim or witness, the
106 age of the sexual offense victim or witness at the time the
107 sexual offense occurred, the interests of the child victim or
108 witness or sexual offense victim or witness, the rights of the
109 parties to the litigation, and any other relevant factor that
110 would facilitate the testimony by the victim or witness under
111 the age of 18, person who has an intellectual disability, or
112 sexual offense victim or witness.
113 (b) For purposes of this subsection the term:
114 1. “Facility dog” means a dog that has been trained,
115 evaluated, and certified as a facility dog pursuant to industry
116 standards and provides unobtrusive emotional support to children
117 and adults in facility settings.
118 2. “Therapy animal” means an animal that has been trained,
119 evaluated, and certified as a therapy animal pursuant to
120 industry standards by an organization that certifies animals as
121 appropriate to provide animal therapy.
122 Section 2. Section 1004.343, Florida Statutes, is created
123 to read:
124 1004.343 Statewide Data Repository for Anonymous Human
125 Trafficking Data.—
126 (1) There is created the Statewide Data Repository for
127 Anonymous Human Trafficking Data. The repository shall be housed
128 in and operated by the University of South Florida Trafficking
129 in Persons - Risk to Resilience Lab.
130 (a) The Statewide Data Repository for Anonymous Human
131 Trafficking Data shall:
132 1. Collect and analyze anonymous human trafficking data to
133 identify trends in human trafficking in the state over time.
134 2. Evaluate the effectiveness of various state-funded
135 initiatives to combat human trafficking to enable the state to
136 make evidence-based decisions in funding future initiatives.
137 3. Disseminate relevant data to law enforcement agencies,
138 state agencies, and other entities to assist in combating human
139 trafficking and apprehending and prosecuting persons responsible
140 for conducting human trafficking.
141 4. Evaluate the effectiveness of interventions and services
142 provided to assist human trafficking victims.
143 (b) The University of South Florida Trafficking in Persons
144 – Risk to Resilience Lab shall:
145 1. Design, operate, maintain, and protect the integrity of
146 the Statewide Data Repository for Anonymous Human Trafficking
147 Data.
148 2. Design, in consultation with the Department of Law
149 Enforcement and other law enforcement partners, and launch a
150 user-friendly system for efficiently reporting anonymous human
151 trafficking data to the Statewide Data Repository for Anonymous
152 Human Trafficking Data at no additional cost to reporting
153 entities.
154 3. Analyze anonymous human trafficking data to identify
155 initiatives and interventions that are effective in combating
156 human trafficking, apprehending and prosecuting persons
157 responsible for conducting human trafficking, and assisting
158 human trafficking victims.
159 4. Work with law enforcement agencies and state agencies to
160 report data on human trafficking investigations and prosecutions
161 which can aid such agencies in combating human trafficking and
162 apprehending and prosecuting persons responsible for conducting
163 human trafficking.
164 (2)(a) Except as provided in paragraph (b), the following
165 agencies and entities shall report anonymous human trafficking
166 data required under this section:
167 1. Law enforcement agencies operating with state or local
168 government tax proceeds, including, but not limited to,
169 municipal police departments, county sheriffs, and state
170 attorneys.
171 2. The Department of Law Enforcement and any other state
172 agency that holds data related to human trafficking.
173 3. Service providers and other nongovernmental
174 organizations that serve human trafficking victims and receive
175 state or federal funding for such purpose.
176 (b) A required reporting entity that submits the data
177 required under subsection (3) to the Department of Law
178 Enforcement’s Uniform Crime Report system or Florida Incident
179 Based Reporting System may, but is not required to, submit any
180 additional data to the Statewide Data Repository for Anonymous
181 Human Trafficking Data. The Department of Law Enforcement shall
182 report to the Statewide Data Repository for Anonymous Human
183 Trafficking Data, at least quarterly, the data required under
184 subsection (3) that has been reported by a required reporting
185 entity to the department.
186 (3) A required reporting entity shall submit the following
187 data to the Statewide Data Repository for Anonymous Human
188 Trafficking Data unless such entity is exempt from the reporting
189 requirement under paragraph (2)(b):
190 (a) The alleged human trafficking offense that was
191 investigated or prosecuted and a description of the alleged
192 prohibited conduct.
193 (b) The age, gender, and race or ethnicity of each suspect
194 or defendant and victim.
195 (c) The date, time, and location of the alleged offense.
196 (d) The type of human trafficking involved, whether for
197 labor or services or commercial sexual activity.
198 (e) Any other alleged offense related to the human
199 trafficking offense that was investigated or prosecuted.
200 (f) Information regarding any victim services organization
201 or related program to which the victim was referred, if
202 available.
203 (g) The disposition of the investigation or prosecution,
204 regardless of the manner of disposition.
205 (4)(a) A required reporting entity located in a county with
206 a population of more than 500,000 must begin reporting data
207 required by this section to the Statewide Data Repository for
208 Anonymous Human Trafficking Data, or to the Department of Law
209 Enforcement as authorized under paragraph (2)(b), on or before
210 July 1, 2023, and at least quarterly each year thereafter.
211 (b) A required reporting entity located in a county with a
212 population of 500,000 or fewer must begin reporting data
213 required by this section to the Statewide Data Repository for
214 Anonymous Human Trafficking Data, or to the Department of Law
215 Enforcement as authorized under paragraph (2)(b), on or before
216 July 1, 2024, and at least biannually each year thereafter.
217
218 ================= T I T L E A M E N D M E N T ================
219 And the title is amended as follows:
220 Delete lines 20 - 25
221 and insert:
222 creating s. 1004.343, F.S.; creating the Statewide
223 Data Repository for Anonymous Human Trafficking Data
224 at the University of South Florida; providing purposes
225 of the data repository; specifying duties of the
226 university; designating required reporting entities;
227 requiring specified information to be reported;
228 providing timeframes for reporting; providing an
229 effective