Bill Text: FL S0488 | 2011 | Regular Session | Comm Sub
Bill Title: Sexual Offenses
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-04 - Read 2nd time -SJ 835 [S0488 Detail]
Download: Florida-2011-S0488-Comm_Sub.html
Florida Senate - 2011 CS for CS for SB 488
By the Committees on Judiciary; and Criminal Justice; and
Senator Fasano
590-04396-11 2011488c2
1 A bill to be entitled
2 An act relating to sexual offenses; providing a short
3 title; amending s. 90.404, F.S.; revising offenses
4 that are considered “child molestation” for purposes
5 of admitting evidence of other crimes, wrongs, or acts
6 in a criminal case involving child molestation;
7 providing for admission of evidence of other crimes,
8 wrongs, or acts in cases involving a sexual offense;
9 defining the term “sexual offense”; requiring certain
10 property or material that is used in a criminal
11 proceeding to remain in the care, custody, and control
12 of the law enforcement agency, the state attorney, or
13 the court; prohibiting the reproduction of such
14 property or material by the defendant when specified
15 criteria are met by the state attorney; permitting
16 access to the materials by the defendant; amending s.
17 395.1021, F.S.; requiring a licensed facility that
18 provides emergency room services to arrange for the
19 gathering of forensic medical evidence required for
20 investigation and prosecution from a victim who has
21 reported a sexual battery to a law enforcement agency
22 or who requests that such evidence be gathered for a
23 possible future report; amending s. 775.15, F.S.;
24 providing that a prosecution for video voyeurism in
25 violation of specified provisions may, in addition to
26 existing time periods, be commenced within 1 year
27 after the victim of video voyeurism obtains actual
28 knowledge of the existence of such a recording or the
29 recording is confiscated by a law enforcement agency,
30 whichever occurs first; providing that dissemination
31 of a recording before such knowledge or confiscation
32 does not affect such a time period; amending s.
33 794.052, F.S.; requiring a law enforcement officer to
34 provide or arrange for transportation of a victim of
35 sexual battery to an appropriate facility for medical
36 treatment or forensic examination; providing for a
37 review of a police officer’s final report by a victim
38 and an opportunity for a statement by a victim;
39 amending ss. 794.056 and 938.085, F.S.; requiring that
40 an additional court cost or surcharge be assessed
41 against a defendant who pleads guilty or nolo
42 contendere to, or is found guilty of, regardless of
43 adjudication, certain criminal offenses; providing for
44 proceeds of the additional court cost or surcharge to
45 be deposited into the Rape Crisis Program Trust Fund;
46 reenacting s. 20.435(21)(a), F.S., relating to the
47 Rape Crisis Program Trust Fund, to incorporate the
48 amendment made to s. 794.056, F.S., in a reference
49 thereto; reenacting s. 794.055(3)(b), F.S., relating
50 to access to services for victims of sexual battery,
51 to incorporate the amendment made to s. 938.085, F.S.,
52 in a reference thereto; amending s. 960.003, F.S.;
53 providing for hepatitis testing of persons charged
54 with certain offenses; amending s. 960.198, F.S.;
55 authorizing relocation assistance awards to certain
56 victims of sexual violence; amending s. 1003.42, F.S.;
57 requiring that public schools provide comprehensive
58 health education that addresses concepts of Internet
59 safety; amending s. 92.55, F.S.; authorizing a court
60 to use registered service or therapy animals to aid
61 children in giving testimony in judicial or other
62 proceedings involving a sexual offense when
63 appropriate; requiring the court to consider certain
64 factors before permitting such testimony; requiring
65 that such registered service or therapy animals be
66 evaluated and registered according to national
67 standards; providing an effective date.
68
69 Be It Enacted by the Legislature of the State of Florida:
70
71 Section 1. This act may be cited as the “Walk in Their
72 Shoes Act.”
73 Section 2. Subsection (2) of section 90.404, Florida
74 Statutes, is amended to read:
75 90.404 Character evidence; when admissible.—
76 (2) OTHER CRIMES, WRONGS, OR ACTS.—
77 (a) Similar fact evidence of other crimes, wrongs, or acts
78 is admissible when relevant to prove a material fact in issue,
79 including, but not limited to, proof of motive, opportunity,
80 intent, preparation, plan, knowledge, identity, or absence of
81 mistake or accident, but it is inadmissible when the evidence is
82 relevant solely to prove bad character or propensity.
83 (b)1. In a criminal case in which the defendant is charged
84 with a crime involving child molestation, evidence of the
85 defendant’s commission of other crimes, wrongs, or acts of child
86 molestation is admissible, and may be considered for its bearing
87 on any matter to which it is relevant.
88 2. For the purposes of this paragraph, the term “child
89 molestation” means conduct proscribed by s. 787.025(2)(c), s.
90 794.011, excluding s. 794.011(10), s. 794.05, s. 796.03, s.
91 796.035, s. 796.045, s. 800.04, s. 827.071, or s. 847.0135(5),
92 s. 847.0145, or s. 985.701(1) when committed against a person 16
93 years of age or younger.
94 (c)1. In a criminal case in which the defendant is charged
95 with a sexual offense, evidence of the defendant’s commission of
96 other crimes, wrongs, or acts involving a sexual offense is
97 admissible and may be considered for its bearing on any matter
98 to which it is relevant.
99 2. For the purposes of this paragraph, the term “sexual
100 offense” means conduct proscribed by s. 787.025(2)(c), s.
101 794.011, excluding s. 794.011(10), s. 794.05, s. 796.03, s.
102 796.035, s. 796.045, s. 825.1025(2)(b), s. 827.071, s.
103 847.0135(5), s. 847.0145, or s. 985.701(1).
104 (d)(c)1. When the state in a criminal action intends to
105 offer evidence of other criminal offenses under paragraph (a),
106 or paragraph (b), or paragraph (c), no fewer than 10 days before
107 trial, the state shall furnish to the defendant or to the
108 defendant’s counsel a written statement of the acts or offenses
109 it intends to offer, describing them with the particularity
110 required of an indictment or information. No notice is required
111 for evidence of offenses used for impeachment or on rebuttal.
112 2. When the evidence is admitted, the court shall, if
113 requested, charge the jury on the limited purpose for which the
114 evidence is received and is to be considered. After the close of
115 the evidence, the jury shall be instructed on the limited
116 purpose for which the evidence was received and that the
117 defendant cannot be convicted for a charge not included in the
118 indictment or information.
119 Section 3. Prohibition on reproduction of child
120 pornography.—
121 (1) In a criminal proceeding, any property or material that
122 portrays sexual performance by a child as defined in s. 827.071,
123 Florida Statutes, or constitutes child pornography as defined in
124 s. 847.001, Florida Statutes, must remain secured or locked in
125 the care, custody, and control of a law enforcement agency, the
126 state attorney, or the court.
127 (2) Notwithstanding any law or rule of court, a court shall
128 deny, in a criminal proceeding, any request by the defendant to
129 copy, photograph, duplicate, or otherwise reproduce any property
130 or material that portrays sexual performance by a child or
131 constitutes child pornography so long as the state attorney
132 makes the property or material reasonably available to the
133 defendant.
134 (3) For purposes of this section, property or material is
135 deemed to be reasonably available to the defendant if the state
136 attorney provides ample opportunity at a designated facility for
137 the inspection, viewing, and examination of the property or
138 material that portrays sexual performance by a child or
139 constitutes child pornography by the defendant, his or her
140 attorney, or any individual whom the defendant uses as an expert
141 during the discovery process or at a court proceeding.
142 Section 4. Subsection (2) of section 395.1021, Florida
143 Statutes, is amended to read:
144 395.1021 Treatment of sexual assault victims.—Any licensed
145 facility which provides emergency room services shall arrange
146 for the rendering of appropriate medical attention and treatment
147 of victims of sexual assault through:
148 (2) The administration of medical examinations, tests, and
149 analyses required by law enforcement personnel in the gathering
150 of forensic medical evidence required for investigation and
151 prosecution from a victim who has reported a sexual battery to a
152 law enforcement agency or who requests that such evidence be
153 gathered for a possible future report.
154
155 Such licensed facility shall also arrange for the protection of
156 the victim’s anonymity while complying with the laws of this
157 state and may encourage the victim to notify law enforcement
158 personnel and to cooperate with them in apprehending the
159 suspect.
160 Section 5. Subsection (17) is added to section 775.15,
161 Florida Statutes, to read:
162 775.15 Time limitations; general time limitations;
163 exceptions.—
164 (17) In addition to the time periods prescribed in this
165 section, a prosecution for video voyeurism in violation of s.
166 810.145 may be commenced within 1 year after the date on which
167 the victim of video voyeurism obtains actual knowledge of the
168 existence of such a recording or the date on which the recording
169 is confiscated by a law enforcement agency, whichever occurs
170 first. Any dissemination of such a recording before the victim
171 obtains actual knowledge thereof or before its confiscation by a
172 law enforcement agency does not affect any provision of this
173 subsection.
174 Section 6. Subsection (1) of section 794.052, Florida
175 Statutes, is amended to read:
176 794.052 Sexual battery; notification of victim’s rights and
177 services.—
178 (1) A law enforcement officer who investigates an alleged
179 sexual battery shall:
180 (a) Assist the victim in obtaining medical treatment, if
181 medical treatment is necessary as a result of the alleged
182 incident, a forensic examination, and advocacy and crisis
183 intervention services from a certified rape crisis center and
184 provide or arrange for transportation to the appropriate
185 facility.
186 (b) Advise the victim that he or she may contact a
187 certified rape crisis center from which the victim may receive
188 services.
189 (c) Prior to submitting a final report, permit the victim
190 to review the final report and provide a statement as to the
191 accuracy of the final report.
192 Section 7. Section 794.056, Florida Statutes, is amended to
193 read:
194 794.056 Rape Crisis Program Trust Fund.—
195 (1) The Rape Crisis Program Trust Fund is created within
196 the Department of Health for the purpose of providing funds for
197 rape crisis centers in this state. Trust fund moneys shall be
198 used exclusively for the purpose of providing services for
199 victims of sexual assault. Funds credited to the trust fund
200 consist of those funds collected as an additional court
201 assessment in each case in which a defendant pleads guilty or
202 nolo contendere to, or is found guilty of, regardless of
203 adjudication, an offense provided defined in s. 775.21(6) and
204 (10)(a), (b), and (g), s. 784.011, s. 784.021, s. 784.03, s.
205 784.041, s. 784.045, s. 784.048, s. 784.07, s. 784.08, s.
206 784.081, s. 784.082, s. 784.083, s. 784.085, s. 787.01(3), s.
207 787.02(3), s. 787.025, s. 787.06, s. 787.07, or s. 794.011, s.
208 794.05, s. 794.08, s. 796.03, s. 796.035, s. 796.04, s. 796.045,
209 s. 796.05, s. 796.06, s. 796.07(2)(a)-(d) and (i), s. 800.03, s.
210 800.04, s. 810.14, s. 810.145, s. 812.135, s. 817.025, s.
211 825.102, s. 825.1025, s. 827.071, s. 836.10, s. 847.0133, s.
212 847.0135(2), s. 847.0137, s. 847.0145, s. 943.0435(4)(c), (7),
213 (8), (9)(a), (13), and (14)(c), or s. 985.701(1). Funds credited
214 to the trust fund also shall include revenues provided by law,
215 moneys appropriated by the Legislature, and grants from public
216 or private entities.
217 (2) The Department of Health shall establish by rule
218 criteria consistent with the provisions of s. 794.055(3)(a) for
219 distributing moneys from the trust fund to rape crisis centers.
220 Section 8. Section 938.085, Florida Statutes, is amended to
221 read:
222 938.085 Additional cost to fund rape crisis centers.—In
223 addition to any sanction imposed when a person pleads guilty or
224 nolo contendere to, or is found guilty of, regardless of
225 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
226 (g), s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045,
227 s. 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s.
228 784.083, s. 784.085, s. 787.01(3), s. 787.02(3), 787.025, s.
229 787.06, s. 787.07, or s. 794.011, s. 794.05, s. 794.08, s.
230 796.03, s. 796.035, s. 796.04, s. 796.045, s. 796.05, s. 796.06,
231 s. 796.07(2)(a)-(d) and (i), s. 800.03, s. 800.04, s. 810.14, s.
232 810.145, s. 812.135, s. 817.025, s. 825.102, s. 825.1025, s.
233 827.071, s. 836.10, s. 847.0133, s. 847.0135(2), s. 847.0137, s.
234 847.0145, s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
235 (14)(c), or s. 985.701(1), the court shall impose a surcharge of
236 $151. Payment of the surcharge shall be a condition of
237 probation, community control, or any other court-ordered
238 supervision. The sum of $150 of the surcharge shall be deposited
239 into the Rape Crisis Program Trust Fund established within the
240 Department of Health by chapter 2003-140, Laws of Florida. The
241 clerk of the court shall retain $1 of each surcharge that the
242 clerk of the court collects as a service charge of the clerk’s
243 office.
244 Section 9. For the purpose of incorporating the amendment
245 made by this act to section 794.056, Florida Statutes, in a
246 reference thereto, paragraph (a) of subsection (21) of section
247 20.435, Florida Statutes, is reenacted to read:
248 20.435 Department of Health; trust funds.—The following
249 trust funds shall be administered by the Department of Health:
250 (21) Rape Crisis Program Trust Fund.
251 (a) Funds to be credited to and uses of the trust fund
252 shall be administered in accordance with the provisions of s.
253 794.056.
254 Section 10. For the purpose of incorporating the amendment
255 made by this act to section 938.085, Florida Statutes, in a
256 reference thereto, paragraph (b) of subsection (3) of section
257 794.055, Florida Statutes, is reenacted to read:
258 794.055 Access to services for victims of sexual battery.—
259 (3)
260 (b) Funds received under s. 938.085 shall be used to
261 provide sexual battery recovery services to victims and their
262 families. Funds shall be distributed to rape crisis centers
263 based on an allocation formula that takes into account the
264 population and rural characteristics of each county. No more
265 than 15 percent of the funds shall be used by the statewide
266 nonprofit association for statewide initiatives. No more than 5
267 percent of the funds may be used by the department for
268 administrative costs.
269 Section 11. Section 960.003, Florida Statutes, is amended
270 to read:
271 960.003 Hepatitis and HIV testing for persons charged with
272 or alleged by petition for delinquency to have committed certain
273 offenses; disclosure of results to victims.—
274 (1) LEGISLATIVE INTENT.—The Legislature finds that a victim
275 of a criminal offense which involves the transmission of body
276 fluids, or which involves certain sexual offenses in which the
277 victim is a minor, disabled adult, or elderly person, is
278 entitled to know at the earliest possible opportunity whether
279 the person charged with or alleged by petition for delinquency
280 to have committed the offense has tested positive for hepatitis
281 or human immunodeficiency virus (HIV) infection. The Legislature
282 finds that to deny victims access to hepatitis and HIV test
283 results causes unnecessary mental anguish in persons who have
284 already suffered trauma. The Legislature further finds that
285 since medical science now recognizes that early diagnosis is a
286 critical factor in the treatment of hepatitis and HIV infection,
287 both the victim and the person charged with or alleged by
288 petition for delinquency to have committed the offense benefit
289 from prompt disclosure of hepatitis and HIV test results.
290 (2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION
291 FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.—
292 (a) In any case in which a person has been charged by
293 information or indictment with or alleged by petition for
294 delinquency to have committed any offense enumerated in s.
295 775.0877(1)(a)-(n), which involves the transmission of body
296 fluids from one person to another, upon request of the victim or
297 the victim’s legal guardian, or of the parent or legal guardian
298 of the victim if the victim is a minor, the court shall order
299 such person to undergo hepatitis and HIV testing within 48 hours
300 after of the information or indictment is filed court order. In
301 the event the victim or, if the victim is a minor, the victim’s
302 parent or legal guardian, requests hepatitis and HIV testing
303 after 48 hours have elapsed from the filing of the indictment or
304 information, the testing shall be done within 48 hours after the
305 request.
306 (b) However, when a victim of any sexual offense enumerated
307 in s. 775.0877(1)(a)-(n) is under the age of 18 at the time the
308 offense was committed or when a victim of any sexual offense
309 enumerated in s. 775.0877(1)(a)-(n) or s. 825.1025 is a disabled
310 adult or elderly person as defined in s. 825.1025 regardless of
311 whether the offense involves the transmission of bodily fluids
312 from one person to another, then upon the request of the victim
313 or the victim’s legal guardian, or of the parent or legal
314 guardian, the court shall order such person to undergo hepatitis
315 and HIV testing within 48 hours after of the information or
316 indictment is filed court order. In the event the victim or, if
317 the victim is a minor, the victim’s parent or legal guardian,
318 requests hepatitis and HIV testing after 48 hours have elapsed
319 from the filing of the indictment or information, the testing
320 shall be done within 48 hours after the request. The testing
321 shall be performed under the direction of the Department of
322 Health in accordance with s. 381.004. The results of a hepatitis
323 and an HIV test performed on a defendant or juvenile offender
324 pursuant to this subsection shall not be admissible in any
325 criminal or juvenile proceeding arising out of the alleged
326 offense.
327 (c) If medically appropriate, followup HIV testing shall be
328 provided when testing has been ordered under paragraph (a) or
329 paragraph (b). The medical propriety of followup HIV testing
330 shall be based upon a determination by a physician and does not
331 require an additional court order. Notification to the victim,
332 or to the victim’s parent or legal guardian, and to the
333 defendant of the results of each followup test shall made be as
334 soon as practicable in accordance with this section.
335 (3) DISCLOSURE OF RESULTS.—
336 (a) The results of the test shall be disclosed no later
337 than 2 weeks after the court receives such results, under the
338 direction of the Department of Health, to the person charged
339 with or alleged by petition for delinquency to have committed or
340 to the person convicted of or adjudicated delinquent for any
341 offense enumerated in s. 775.0877(1)(a)-(n), which involves the
342 transmission of body fluids from one person to another, and,
343 upon request, to the victim or the victim’s legal guardian, or
344 the parent or legal guardian of the victim if the victim is a
345 minor, and to public health agencies pursuant to s. 775.0877. If
346 the alleged offender is a juvenile, the test results shall also
347 be disclosed to the parent or guardian. When the victim is a
348 victim as described in paragraph (2)(b), the test results must
349 also be disclosed no later than 2 weeks after the court receives
350 such results, to the person charged with or alleged by petition
351 for delinquency to have committed or to the person convicted of
352 or adjudicated delinquent for any offense enumerated in s.
353 775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the
354 offense involves the transmission of bodily fluids from one
355 person to another, and, upon request, to the victim or the
356 victim’s legal guardian, or the parent or legal guardian of the
357 victim, and to public health agencies pursuant to s. 775.0877.
358 Otherwise, hepatitis and HIV test results obtained pursuant to
359 this section are confidential and exempt from the provisions of
360 s. 119.07(1) and s. 24(a), Art. I of the State Constitution and
361 shall not be disclosed to any other person except as expressly
362 authorized by law or court order.
363 (b) At the time that the results are disclosed to the
364 victim or the victim’s legal guardian, or to the parent or legal
365 guardian of a victim if the victim is a minor, the same
366 immediate opportunity for face-to-face counseling which must be
367 made available under s. 381.004 to those who undergo hepatitis
368 and HIV testing shall also be afforded to the victim or the
369 victim’s legal guardian, or to the parent or legal guardian of
370 the victim if the victim is a minor.
371 (4) POSTCONVICTION TESTING.—If, for any reason, the testing
372 requested under subsection (2) has not been undertaken, then
373 upon request of the victim or the victim’s legal guardian, or
374 the parent or legal guardian of the victim if the victim is a
375 minor, the court shall order the offender to undergo hepatitis
376 and HIV testing following conviction or delinquency
377 adjudication. The testing shall be performed under the direction
378 of the Department of Health, and the results shall be disclosed
379 in accordance with the provisions of subsection (3).
380 (5) EXCEPTIONS.—The provisions of Subsections (2) and (4)
381 do not apply if:
382 (a) The person charged with or convicted of or alleged by
383 petition for delinquency to have committed or been adjudicated
384 delinquent for an offense described in subsection (2) has
385 undergone hepatitis and HIV testing voluntarily or pursuant to
386 procedures established in s. 381.004(3)(h)6. or s. 951.27, or
387 any other applicable law or rule providing for hepatitis and HIV
388 testing of criminal defendants, inmates, or juvenile offenders,
389 subsequent to his or her arrest, conviction, or delinquency
390 adjudication for the offense for which he or she was charged or
391 alleged by petition for delinquency to have committed; and
392 (b) The results of such hepatitis and HIV testing have been
393 furnished to the victim or the victim’s legal guardian, or the
394 parent or legal guardian of the victim if the victim is a minor.
395 (6) TESTING DURING INCARCERATION, DETENTION, OR PLACEMENT;
396 DISCLOSURE.—In any case in which a person convicted of or
397 adjudicated delinquent for an offense described in subsection
398 (2) has not been tested under subsection (2), but undergoes
399 hepatitis and HIV testing during his or her incarceration,
400 detention, or placement, the results of the initial hepatitis
401 and HIV testing shall be disclosed in accordance with the
402 provisions of subsection (3). Except as otherwise requested by
403 the victim or the victim’s legal guardian, or the parent or
404 guardian of the victim if the victim is a minor, if the initial
405 test is conducted within the first year of the imprisonment,
406 detention, or placement, the request for disclosure shall be
407 considered a standing request for any subsequent hepatitis and
408 HIV test results obtained within 1 year after the initial
409 hepatitis and HIV test are performed, and need not be repeated
410 for each test administration. Where the inmate or juvenile
411 offender has previously been tested pursuant to subsection (2)
412 the request for disclosure under this subsection shall be
413 considered a standing request for subsequent hepatitis and HIV
414 results conducted within 1 year of the test performed pursuant
415 to subsection (2). If the hepatitis and HIV testing is performed
416 by an agency other than the Department of Health, that agency
417 shall be responsible for forwarding the test results to the
418 Department of Health for disclosure in accordance with the
419 provisions of subsection (3). This subsection shall not be
420 limited to results of hepatitis and HIV tests administered
421 subsequent to June 27, 1990, but shall also apply to the results
422 of all hepatitis and HIV tests performed on inmates convicted of
423 or juvenile offenders adjudicated delinquent for sex offenses as
424 described in subsection (2) during their incarceration,
425 detention, or placement prior to June 27, 1990.
426 Section 12. Section 960.198, Florida Statutes, is amended
427 to read:
428 960.198 Relocation assistance for victims of domestic
429 violence and sexual violence.—
430 (1) Notwithstanding the criteria set forth in s. 960.13 for
431 crime victim compensation awards, the department may award a
432 one-time payment of up to $1,500 on any one claim and a lifetime
433 maximum of $3,000 to a victim of domestic violence who needs
434 immediate assistance to escape from a domestic violence
435 environment or to a victim of sexual violence who reasonably
436 fears for her or his safety.
437 (2) In order for an award to be granted to a victim for
438 relocation assistance:
439 (a) There must be proof that a domestic violence or sexual
440 violence offense was committed;
441 (b) The domestic violence or sexual violence offense must
442 be reported to the proper authorities;
443 (c) The victim’s need for assistance must be certified by a
444 certified domestic violence center or a certified rape crisis
445 center in this state; and
446 (d) The center certification must assert that the victim is
447 cooperating with law enforcement officials, if applicable, and
448 must include documentation that the victim has developed a
449 safety plan.
450 Section 13. Paragraph (n) of subsection (2) of section
451 1003.42, Florida Statutes, is amended to read:
452 1003.42 Required instruction.—
453 (2) Members of the instructional staff of the public
454 schools, subject to the rules of the State Board of Education
455 and the district school board, shall teach efficiently and
456 faithfully, using the books and materials required that meet the
457 highest standards for professionalism and historic accuracy,
458 following the prescribed courses of study, and employing
459 approved methods of instruction, the following:
460 (n) Comprehensive health education that addresses concepts
461 of community health; consumer health; environmental health;
462 family life, including an awareness of the benefits of sexual
463 abstinence as the expected standard and the consequences of
464 teenage pregnancy; mental and emotional health; injury
465 prevention and safety; Internet safety; nutrition; personal
466 health; prevention and control of disease; and substance use and
467 abuse. The health education curriculum for students in grades 7
468 through 12 shall include a teen dating violence and abuse
469 component that includes, but is not limited to, the definition
470 of dating violence and abuse, the warning signs of dating
471 violence and abusive behavior, the characteristics of healthy
472 relationships, measures to prevent and stop dating violence and
473 abuse, and community resources available to victims of dating
474 violence and abuse.
475
476 The State Board of Education is encouraged to adopt standards
477 and pursue assessment of the requirements of this subsection.
478 Section 14. Section 92.55, Florida Statutes, is amended to
479 read:
480 92.55 Judicial or other proceedings involving victim or
481 witness under the age of 16 or person with mental retardation;
482 special protections; use of registered service or therapy
483 animals.—
484 (1) Upon motion of any party, upon motion of a parent,
485 guardian, attorney, or guardian ad litem for a child under the
486 age of 16 or person with mental retardation, or upon its own
487 motion, the court may enter any order necessary to protect a
488 child under the age of 16 or person with mental retardation who
489 is a victim or witness in any judicial proceeding or other
490 official proceeding from severe emotional or mental harm due to
491 the presence of the defendant if the child or person with mental
492 retardation is required to testify in open court. Such orders
493 shall relate to the taking of testimony and shall include, but
494 not be limited to:
495 (a) Interviewing or the taking of depositions as part of a
496 civil or criminal proceeding.
497 (b) Examination and cross-examination for the purpose of
498 qualifying as a witness or testifying in any proceeding.
499 (c) The use of testimony taken outside of the courtroom,
500 including proceedings under ss. 92.53 and 92.54.
501 (2) In ruling upon the motion, the court shall take into
502 consideration:
503 (a) The age of the child, the nature of the offense or act,
504 the relationship of the child to the parties in the case or to
505 the defendant in a criminal action, the degree of emotional
506 trauma that will result to the child as a consequence of the
507 defendant’s presence, and any other fact that the court deems
508 relevant; or
509 (b) The age of the person with mental retardation, the
510 functional capacity of the person with mental retardation, the
511 nature of the offenses or act, the relationship of the person
512 with mental retardation to the parties in the case or to the
513 defendant in a criminal action, the degree of emotional trauma
514 that will result to the person with mental retardation as a
515 consequence of the defendant’s presence, and any other fact that
516 the court deems relevant.
517 (3) In addition to such other relief as is provided by law,
518 the court may enter orders limiting the number of times that a
519 child or person with mental retardation may be interviewed,
520 prohibiting depositions of a child or person with mental
521 retardation, requiring the submission of questions prior to
522 examination of a child or person with mental retardation,
523 setting the place and conditions for interviewing a child or
524 person with mental retardation or for conducting any other
525 proceeding, or permitting or prohibiting the attendance of any
526 person at any proceeding. The court shall enter any order
527 necessary to protect the rights of all parties, including the
528 defendant in any criminal action.
529 (4) The court may set any other conditions on the taking of
530 testimony by children which it finds just and appropriate,
531 including the use of a registered service or therapy animal in
532 any proceeding involving a sexual offense. When deciding whether
533 to permit a child to testify with the assistance of a registered
534 service or therapy animal, the court shall take into
535 consideration the age of the child, the interests of the child,
536 the rights of the parties to the litigation, and any other
537 relevant factor that would aid in the facilitation of testimony
538 by the child. Each registered service or therapy animal shall be
539 evaluated and registered according to national standards.
540 Section 15. This act shall take effect July 1, 2011.
