Florida Senate - 2022 CS for CS for SB 772
By the Committees on Rules; and Children, Families, and Elder
Affairs; and Senators Diaz and Perry
595-02957B-22 2022772c2
1 A bill to be entitled
2 An act relating to the protection of victims and
3 witnesses; amending s. 92.55, F.S.; replacing the term
4 “sexual offense victim or witness” with “sexual
5 offense victim”; defining the term “sexual offense
6 victim”; revising the standard for orders to protect
7 certain testifying victims and witnesses; prohibiting
8 depositions of certain victims and witnesses in
9 certain proceedings without a showing of good cause;
10 authorizing the court to allow such depositions under
11 certain circumstances; revising factors to be
12 considered by a court in a motion seeking to protect a
13 victim or witness; revising provisions related to
14 available relief; requiring the court to appoint a
15 guardian ad litem or other advocate for the deponent
16 under certain circumstances; authorizing the court to
17 request the aid of an interpreter; requiring the court
18 to make specific findings of fact on the record for
19 certain orders and rulings; making technical changes;
20 requiring the University of South Florida, in
21 consultation with a specified organization, to develop
22 and submit a proposal to the Attorney General for the
23 creation of a unified statewide data repository for
24 anonymous human trafficking data; providing
25 requirements for the proposal; providing an effective
26 date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Section 92.55, Florida Statutes, is amended to
31 read:
32 92.55 Judicial or other proceedings involving certain
33 victims and witnesses victim or witness under the age of 18, a
34 person who has an intellectual disability, or a sexual offense
35 victim or witness; special protections; use of therapy animals
36 or facility dogs.—
37 (1) For purposes of this section, the term:
38 (a) “Facility dog” means a dog that has been trained,
39 evaluated, and certified as a facility dog pursuant to industry
40 standards and provides unobtrusive emotional support to children
41 and adults in facility settings.
42 (c)(a) “Sexual offense victim or witness” means a person
43 who was under the age of 18 when he or she was the victim of or
44 a witness to a sexual offense.
45 (b) “Sexual offense” means any offense specified in s.
46 775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I).
47 (d) “Therapy animal” means an animal that has been trained,
48 evaluated, and certified as a therapy animal pursuant to
49 industry standards by an organization that certifies animals as
50 appropriate to provide animal therapy.
51 (2) Upon motion of any party;, upon motion of a parent,
52 guardian, attorney, guardian ad litem, or other advocate
53 appointed by the court under s. 914.17 for a victim or witness
54 under the age of 18, a person who has an intellectual
55 disability, or a sexual offense victim; or witness, or upon its
56 own motion, the court may enter any order necessary to protect
57 the person victim or witness in any judicial proceeding or other
58 official proceeding from moderate severe emotional or mental
59 harm due to the presence of the defendant if the victim or
60 witness is required to testify in open court. Such orders must
61 relate to the taking of testimony and include, but are not
62 limited to:
63 (a) Interviewing or the taking of depositions as part of a
64 civil or criminal proceeding.
65 (b) Examination and cross-examination for the purpose of
66 qualifying as a witness or testifying in any proceeding.
67 (c) The use of testimony taken outside of the courtroom,
68 including proceedings under ss. 92.53 and 92.54.
69 (3)(a) Depositions are not allowed, except upon a showing
70 of good cause, of victims or witnesses younger than the age of
71 18, persons who have intellectual disabilities, or sexual
72 offense victims in proceedings involving any of the following:
73 1. Abuse, abandonment, or neglect of children under chapter
74 39.
75 2. Any offense constituting domestic violence as defined in
76 s. 741.28.
77 3. Murder under s. 782.04.
78 4. Manslaughter under s. 782.07.
79 5. Aggravated cyberstalking under s. 784.048.
80 6. Kidnapping under s. 787.01.
81 7. False imprisonment under s. 787.02.
82 8. Human trafficking under s. 787.06.
83 9. Sexual battery under s. 794.011.
84 10. Lewd or lascivious offenses under s. 800.04 or s.
85 825.1025.
86 11. Child abuse or neglect of a child under s. 827.03.
87 12. Use of a child in a sexual performance under s.
88 827.071.
89 13. Computer pornography under s. 847.0135 or the
90 transmission of pornography by electronic device or equipment
91 under s. 847.0137.
92 (b) Upon written motion and written findings that a
93 deposition is necessary to assist a trial, that the evidence
94 sought is not reasonably available by any other means, and that
95 the probative value of the testimony outweighs the potential
96 detriment to the person to be deposed, the court may authorize
97 the taking of a deposition and may order protections deemed
98 necessary, including those provided in this section.
99 (4)(3) In ruling upon a the motion filed under this
100 section, the court may shall consider:
101 (a) The age of the victim or witness. child,
102 (b) The nature of the offense or act.,
103 (c) The complexity of the issues involved.
104 (d) The relationship of the victim or witness child to the
105 parties in the case or to the defendant in a criminal action.,
106 (e) The degree of emotional or mental harm trauma that will
107 result to the child as a consequence of the examination,
108 interview, or testimony. defendant’s presence, and
109 (f) The functional capacity of the victim or witness if he
110 or she has an intellectual disability.
111 (g) The age of the sexual offense victim when the sexual
112 offense occurred.
113 (h) Any other fact that the court deems relevant;
114 (b) The age of the person who has an intellectual
115 disability, the functional capacity of such person, the nature
116 of the offenses or act, the relationship of the person to the
117 parties in the case or to the defendant in a criminal action,
118 the degree of emotional trauma that will result to the person as
119 a consequence of the defendant’s presence, and any other fact
120 that the court deems relevant; or
121 (c) The age of the sexual offense victim or witness when
122 the sexual offense occurred, the relationship of the sexual
123 offense victim or witness to the parties in the case or to the
124 defendant in a criminal action, the degree of emotional trauma
125 that will result to the sexual offense victim or witness as a
126 consequence of the defendant’s presence, and any other fact that
127 the court deems relevant.
128 (5)(4) In addition to such other relief provided by law,
129 the court may enter orders it deems just and appropriate for the
130 protection of limiting the number of times that a child, a
131 person who has an intellectual disability, or a sexual offense
132 victim, including limiting the number of times a victim or
133 witness may be interviewed, limiting the length and scope of a
134 deposition, requiring a deposition to be taken only by written
135 questions, requiring a deposition to be in the presence of a
136 trial judge or magistrate, sealing the tape or transcript of a
137 deposition until further order of the court, allowing use of a
138 therapy animal or facility dog prohibiting depositions of the
139 victim or witness, requiring the submission of questions before
140 the examination of the victim or witness, setting the place and
141 conditions for interviewing the victim or witness or for
142 conducting any other proceeding, or permitting or prohibiting
143 the attendance of any person at any proceeding. The court shall
144 enter any order necessary to protect the rights of all parties,
145 including the defendant in any criminal action.
146 (6) Section 794.022 applies to depositions taken pursuant
147 to this section. If a deposition is taken pursuant to this
148 section, the court must appoint a guardian ad litem or other
149 advocate pursuant to s. 914.17 to represent the deponent for the
150 purposes of the deposition if the deponent does not already have
151 counsel.
152 (7) The court, on its own motion or that of any party, may
153 request the aid of an interpreter, as provided in s. 90.606, to
154 aid the parties in formulating methods of questioning the child,
155 the person who has an intellectual disability, or the sexual
156 offense victim and in interpreting his or her answers during
157 proceedings conducted under this section.
158 (8) The court shall make specific findings of fact on the
159 record as to the basis for its orders and rulings under this
160 section.
161 (5) The court may set any other conditions it finds just
162 and appropriate when taking the testimony of a victim or witness
163 under the age of 18, a person who has an intellectual
164 disability, or a sexual offense victim or witness, including the
165 use of a therapy animal or facility dog, in any proceeding
166 involving a sexual offense or child abuse, abandonment, or
167 neglect.
168 (a) When deciding whether to permit a victim or witness
169 under the age of 18, a person who has an intellectual
170 disability, or a sexual offense victim or witness to testify
171 with the assistance of a therapy animal or facility dog, the
172 court shall consider the age of the child victim or witness, the
173 age of the sexual offense victim or witness at the time the
174 sexual offense occurred, the interests of the child victim or
175 witness or sexual offense victim or witness, the rights of the
176 parties to the litigation, and any other relevant factor that
177 would facilitate the testimony by the victim or witness under
178 the age of 18, person who has an intellectual disability, or
179 sexual offense victim or witness.
180 (b) For purposes of this subsection the term:
181 1. “Facility dog” means a dog that has been trained,
182 evaluated, and certified as a facility dog pursuant to industry
183 standards and provides unobtrusive emotional support to children
184 and adults in facility settings.
185 2. “Therapy animal” means an animal that has been trained,
186 evaluated, and certified as a therapy animal pursuant to
187 industry standards by an organization that certifies animals as
188 appropriate to provide animal therapy.
189 Section 2. By October 1, 2022, the University of South
190 Florida, in consultation with the Florida Alliance to End Human
191 Trafficking, shall develop and submit a proposal to the Attorney
192 General for the creation of a unified statewide data repository
193 for anonymous human trafficking data. The proposal must house
194 the data repository within the University of South Florida’s
195 Trafficking in Persons—Risk to Resilience Research Lab and must
196 outline the need for a unified data repository to serve as a
197 portal to collect and analyze anonymous statewide human
198 trafficking data, to inform statewide efforts to combat human
199 trafficking, and to better serve victims of human trafficking.
200 The proposal should consider and recommend various funding
201 mechanisms to establish and operate the data repository,
202 including the potential for use of institutional and privately
203 donated funds.
204 Section 3. This act shall take effect upon becoming a law.