Florida Senate - 2019 SB 1068 By Senator Bean 4-01278A-19 20191068__ 1 A bill to be entitled 2 An act relating to crime victim assistance; amending 3 s. 960.03, F.S.; redefining the term “crime” to 4 include the commission of certain lewd or lascivious 5 offenses; amending s. 960.28, F.S.; increasing the 6 maximum amount the Crime Victims’ Services Office of 7 the Department of Legal Affairs is required to pay for 8 certain medical expenses of victims of specified 9 crimes; providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Paragraph (a) of subsection (3) of section 14 960.03, Florida Statutes, is amended, and paragraph (g) is added 15 to that subsection, to read: 16 960.03 Definitions; ss. 960.01-960.28.—As used in ss. 17 960.01-960.28, unless the context otherwise requires, the term: 18 (3) “Crime” means: 19 (a) A felony or misdemeanor offense committed by an adult 20 or a juvenile which results in physical injury or death, a 21 violation of s. 800.04 or a forcible felony committed by an 22 adult or juvenile which directly results in psychiatric or 23 psychological injury, or a felony or misdemeanor offense of 24 child abuse committed by an adult or a juvenile which results in 25 a mental injury, as defined in s. 827.03, to a person younger 26 than 18 years of age who was not physically injured by the 27 criminal act. The mental injury to the minor must be verified by 28 a psychologist licensed under chapter 490, by a physician 29 licensed in this state under chapter 458 or chapter 459 who has 30 completed an accredited residency in psychiatry, or by a 31 physician who has obtained certification as an expert witness 32 pursuant to s. 458.3175. The term also includes a criminal act 33 that is committed within this state but that falls exclusively 34 within federal jurisdiction. 35 (g) An act of intentionally touching in a lewd or 36 lascivious manner the breasts, genitals, genital area, or 37 buttocks, or the clothing covering those areas, of a person 16 38 or 17 years of age or forcing or enticing a person 16 or 17 39 years of age to so touch the actor, when such act is without the 40 person’s consent and directly results in psychiatric or 41 psychological injury. 42 Section 2. Subsection (2) of section 960.28, Florida 43 Statutes, is amended to read: 44 960.28 Payment for victims’ initial forensic physical 45 examinations.— 46 (2) The Crime Victims’ Services Office of the department 47 shall pay for medical expenses connected with an initial 48 forensic physical examination of a victim of sexual battery as 49 defined in chapter 794 or a lewd or lascivious offense as 50 defined in chapter 800. Such payment shall be made regardless of 51 whether the victim is covered by health or disability insurance 52 and whether the victim participates in the criminal justice 53 system or cooperates with law enforcement. The payment shall be 54 made only out of moneys allocated to the Crime Victims’ Services 55 Office for the purposes of this section, and the payment may not 56 exceed $1,000$500with respect to any violation. The department 57 shall develop and maintain separate protocols for the initial 58 forensic physical examination of adults and children. Payment 59 under this section is limited to medical expenses connected with 60 the initial forensic physical examination, and payment may be 61 made to a medical provider using an examiner qualified under 62 part I of chapter 464, excluding s. 464.003(14); chapter 458; or 63 chapter 459. Payment made to the medical provider by the 64 department shall be considered by the provider as payment in 65 full for the initial forensic physical examination associated 66 with the collection of evidence. The victim may not be required 67 to pay, directly or indirectly, the cost of an initial forensic 68 physical examination performed in accordance with this section. 69 Section 3. This act shall take effect July 1, 2019.