Florida Senate - 2015                             CS for SB 1362
       
       
        
       By the Committee on Appropriations; and Senator Simmons
       
       
       
       
       
       576-04265A-15                                         20151362c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Legal Affairs;
    3         amending s. 16.56, F.S.; revising the list of offenses
    4         that may be investigated and prosecuted by the Office
    5         of Statewide Prosecution; creating s. 16.62, F.S.;
    6         limiting the amount that the Department of Legal
    7         Affairs may spend annually to support specified
    8         recognition and awards programs, in addition to
    9         expenditures separately authorized by law; amending s.
   10         409.9203, F.S.; specifying the distribution of certain
   11         funds recovered in Medicaid fraud actions; amending s.
   12         501.203, F.S.; revising the term “violation of this
   13         part”; amending s. 501.204, F.S.; revising legislative
   14         intent; providing a directive to the Division of Law
   15         Revision and Information; creating s. 501.991, F.S.;
   16         providing legislative intent; creating s. 501.992,
   17         F.S.; defining terms; creating s. 501.993, F.S.;
   18         prohibiting bad faith assertions of patent
   19         infringement from being made; providing factors that a
   20         court may consider when determining whether an
   21         allegation was or was not made in bad faith; creating
   22         s. 501.994, F.S.; authorizing a court to require a
   23         patent infringement plaintiff to post a bond under
   24         certain circumstances; limiting the bond amount;
   25         authorizing the court to waive the bond requirement in
   26         certain circumstances; creating s. 501.995, F.S.;
   27         authorizing private rights of action for violations of
   28         this part; authorizing the court to award certain
   29         relief to prevailing plaintiffs; creating s. 501.996,
   30         F.S.; providing that a violation of part VII of ch.
   31         501 is an unfair or deceptive trade practice; creating
   32         s. 501.997, F.S.; providing exemptions; amending s.
   33         960.03, F.S.; revising the definition of the term
   34         “crime” for purposes of obtaining crime victim
   35         compensation from the department to include certain
   36         forcible felonies; revising provisions concerning acts
   37         involving the operation of a motor vehicle, boat, or
   38         aircraft; revising the definition of the term
   39         “disabled adult”; correcting a cross-reference;
   40         amending s. 960.13, F.S.; exempting crime victim
   41         compensation awards for catastrophic injury from
   42         certain deductions; amending s. 960.195, F.S.;
   43         revising the maximum victim compensation amounts that
   44         the department may award to elderly persons or
   45         disabled adults who suffer a property loss that causes
   46         a substantial diminution in their quality of life in
   47         certain circumstances; revising the conditions under
   48         which elderly persons or disabled adults who suffer a
   49         property loss are eligible for an award; authorizing
   50         the department to deny, reduce, or withdraw a
   51         specified award upon finding that any claimant or
   52         award recipient has not duly cooperated with certain
   53         persons and entities; creating s. 960.196, F.S.;
   54         providing for relocation assistance for human
   55         trafficking victims; amending s. 960.198, F.S.;
   56         prohibiting relocation assistance for a domestic
   57         violence claim if the victim has received previous
   58         relocation assistance for a human trafficking claim;
   59         amending s. 960.199, F.S.; deleting provisions
   60         relating to relocation assistance for human
   61         trafficking victims; providing an effective date.
   62          
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Paragraphs (a) and (b) of subsection (1) of
   66  section 16.56, Florida Statutes, are amended to read:
   67         16.56 Office of Statewide Prosecution.—
   68         (1) There is created in the Department of Legal Affairs an
   69  Office of Statewide Prosecution. The office shall be a separate
   70  “budget entity” as that term is defined in chapter 216. The
   71  office may:
   72         (a) Investigate and prosecute the offenses of:
   73         1. Bribery, burglary, criminal usury, extortion, gambling,
   74  kidnapping, larceny, murder, prostitution, perjury, robbery,
   75  carjacking, and home-invasion robbery;
   76         2. Any crime involving narcotic or other dangerous drugs;
   77         3. Any violation of the provisions of the Florida RICO
   78  (Racketeer Influenced and Corrupt Organization) Act, including
   79  any offense listed in the definition of racketeering activity in
   80  s. 895.02(1)(a), providing such listed offense is investigated
   81  in connection with a violation of s. 895.03 and is charged in a
   82  separate count of an information or indictment containing a
   83  count charging a violation of s. 895.03, the prosecution of
   84  which listed offense may continue independently if the
   85  prosecution of the violation of s. 895.03 is terminated for any
   86  reason;
   87         4. Any violation of the provisions of the Florida Anti
   88  Fencing Act;
   89         5. Any violation of the provisions of the Florida Antitrust
   90  Act of 1980, as amended;
   91         6. Any crime involving, or resulting in, fraud or deceit
   92  upon any person;
   93         7. Any violation of s. 847.0135, relating to computer
   94  pornography and child exploitation prevention, or any offense
   95  related to a violation of s. 847.0135 or any violation of
   96  chapter 827 where the crime is facilitated by or connected to
   97  the use of the Internet or any device capable of electronic data
   98  storage or transmission;
   99         8. Any violation of the provisions of chapter 815;
  100         9. Any criminal violation of part I of chapter 499;
  101         10. Any violation of the provisions of the Florida Motor
  102  Fuel Tax Relief Act of 2004;
  103         11. Any criminal violation of s. 409.920 or s. 409.9201;
  104         12. Any crime involving voter registration, voting, or
  105  candidate or issue petition activities;
  106         13. Any criminal violation of the Florida Money Laundering
  107  Act;
  108         14. Any criminal violation of the Florida Securities and
  109  Investor Protection Act; or
  110         15. Any violation of the provisions of chapter 787, as well
  111  as any and all offenses related to a violation of the provisions
  112  of chapter 787;
  113  
  114  or any attempt, solicitation, or conspiracy to commit any of the
  115  crimes specifically enumerated above. The office shall have such
  116  power only when any such offense is occurring, or has occurred,
  117  in two or more judicial circuits as part of a related
  118  transaction, or when any such offense is connected with an
  119  organized criminal conspiracy affecting two or more judicial
  120  circuits. Informations or indictments charging such offenses
  121  shall contain general allegations stating the judicial circuits
  122  and counties in which crimes are alleged to have occurred or the
  123  judicial circuits and counties in which crimes affecting such
  124  circuits or counties are alleged to have been connected with an
  125  organized criminal conspiracy.
  126         (b) Investigate and prosecute any crime enumerated in
  127  paragraph (a) subparagraphs (a)1.-14. facilitated by or
  128  connected to the use of the Internet. Any such crime is a crime
  129  occurring in every judicial circuit within the state.
  130         Section 2. Section 16.62, Florida Statutes, is created to
  131  read:
  132         16.62 Recognition and awards.In addition to expenditures
  133  separately authorized by law, the Department of Legal Affairs
  134  may expend no more than $20,000 annually to support costs
  135  associated with the agency’s Law Enforcement Officer of the Year
  136  Recognition and Awards Program and Victims Services Recognition
  137  and Awards Program.
  138         Section 3. Subsection (5) is added to section 409.9203,
  139  Florida Statutes, to read:
  140         409.9203 Rewards for reporting Medicaid fraud.—
  141         (5) Notwithstanding s. 68.085(3), the 10 percent of any
  142  remaining proceeds deposited into the Operating Trust Fund from
  143  an action based on a claim of funds from the state Medicaid
  144  program shall be allocated in the following manner:
  145         (a) Fifty percent of such moneys shall be used to fund
  146  rewards for reporting Medicaid fraud pursuant to this section.
  147         (b) The remaining 50 percent of such moneys shall be used
  148  by the Medicaid Fraud Control Unit to fund its investigations of
  149  potential violations of s. 68.082 and any related civil actions.
  150         Section 4. Subsection (3) of section 501.203, Florida
  151  Statutes, is amended to read:
  152         501.203 Definitions.—As used in this chapter, unless the
  153  context otherwise requires, the term:
  154         (3) “Violation of this part” means any violation of this
  155  act or the rules adopted under this act and may be based upon
  156  any of the following as of July 1, 2015 2013:
  157         (a) Any rules promulgated pursuant to the Federal Trade
  158  Commission Act, 15 U.S.C. ss. 41 et seq.;
  159         (b) The standards of unfairness and deception set forth and
  160  interpreted by the Federal Trade Commission or the federal
  161  courts;
  162         (c) Any law, statute, rule, regulation, or ordinance which
  163  proscribes unfair methods of competition, or unfair, deceptive,
  164  or unconscionable acts or practices.
  165         Section 5. Section 501.204, Florida Statutes, is amended to
  166  read:
  167         501.204 Unlawful acts and practices.—
  168         (1) Unfair methods of competition, unconscionable acts or
  169  practices, and unfair or deceptive acts or practices in the
  170  conduct of any trade or commerce are hereby declared unlawful.
  171         (2) It is the intent of the Legislature that, in construing
  172  subsection (1), due consideration and great weight shall be
  173  given to the interpretations of the Federal Trade Commission and
  174  the federal courts relating to s. 5(a)(1) of the Federal Trade
  175  Commission Act, 15 U.S.C. s. 45(a)(1) as of July 1, 2015 2013.
  176         Section 6. The Division of Law Revision and Information is
  177  directed to create part VII of chapter 501, Florida Statutes,
  178  consisting of ss. 501.991-501.997, Florida Statutes, to be
  179  entitled the “Patent Troll Prevention Act.”
  180         Section 7. Section 501.991, Florida Statutes, is created to
  181  read:
  182         501.991 Legislative intent.—
  183         (1) The Legislature recognizes that it is preempted from
  184  passing any law that conflicts with federal patent law. However,
  185  the Legislature recognizes that the state is dedicated to
  186  building an entrepreneurial and business-friendly economy where
  187  businesses and consumers alike are protected from abuse and
  188  fraud. This includes protection from abusive and bad faith
  189  demands and litigation.
  190         (2) Patents encourage research, development, and
  191  innovation. Patent holders have a legitimate right to enforce
  192  their patents. The Legislature does not wish to interfere with
  193  good faith patent litigation or the good faith enforcement of
  194  patents. However, the Legislature recognizes a growing issue:
  195  the frivolous filing of bad faith patent claims that have led to
  196  technical, complex, and especially expensive litigation.
  197         (3) The expense of patent litigation, which may cost
  198  millions of dollars, can be a significant burden on companies
  199  and small businesses. Not only do bad faith patent infringement
  200  claims impose undue burdens on individual businesses, they
  201  undermine the state’s effort to attract and nurture
  202  technological innovations. Funds spent to help avoid the threat
  203  of bad faith litigation are no longer available for serving
  204  communities through investing in producing new products, helping
  205  businesses expand, or hiring new workers. The Legislature wishes
  206  to help businesses avoid these costs by encouraging good faith
  207  assertions of patent infringement and the expeditious and
  208  efficient resolution of patent claims.
  209         Section 8. Section 501.992, Florida Statutes, is created to
  210  read:
  211         501.992 Definitions.—As used in this part, the term:
  212         (1) “Demand letter” means a letter, e-mail, or other
  213  communication asserting or claiming that a person has engaged in
  214  patent infringement.
  215         (2) “Institution of higher education” means an educational
  216  institution as defined in 20 U.S.C. s. 1001(a).
  217         (3) “Target” means a person, including the person’s
  218  customers, distributors, or agents, residing in, incorporated
  219  in, or organized under the laws of this state which:
  220         (a) Has received a demand letter or against which an
  221  assertion or allegation of patent infringement has been made;
  222         (b) Has been threatened with litigation or against which a
  223  lawsuit has been filed alleging patent infringement; or
  224         (c) Whose customers have received a demand letter asserting
  225  that the person’s product, service, or technology has infringed
  226  upon a patent.
  227         Section 9. Section 501.993, Florida Statutes, is created to
  228  read:
  229         501.993 Bad faith assertions of patent infringement.—A
  230  person may not make a bad faith assertion of patent
  231  infringement.
  232         (1) A court may consider the following factors as evidence
  233  that a person has made a bad faith assertion of patent
  234  infringement:
  235         (a) The demand letter does not contain the following
  236  information:
  237         1. The patent number;
  238         2. The name and address of the patent owner and assignee,
  239  if any; and
  240         3. Factual allegations concerning the specific areas in
  241  which the target’s products, services, or technology infringe or
  242  are covered by the claims in the patent.
  243         (b) Before sending the demand letter, the person failed to
  244  conduct an analysis comparing the claims in the patent to the
  245  target’s products, services, or technology, or the analysis did
  246  not identify specific areas in which the target’s products,
  247  services, and technology were covered by the claims of the
  248  patent.
  249         (c) The demand letter lacked the information listed under
  250  paragraph (a), the target requested the information, and the
  251  person failed to provide the information within a reasonable
  252  period.
  253         (d) The demand letter requested payment of a license fee or
  254  response within an unreasonable period.
  255         (e) The person offered to license the patent for an amount
  256  that is not based on a reasonable estimate of the value of the
  257  license.
  258         (f) The claim or assertion of patent infringement is
  259  unenforceable, and the person knew, or should have known, that
  260  the claim or assertion was unenforceable.
  261         (g) The claim or assertion of patent infringement is
  262  deceptive.
  263         (h) The person, including its subsidiaries or affiliates,
  264  has previously filed or threatened to file one or more lawsuits
  265  based on the same or a similar claim of patent infringement and:
  266         1. The threats or lawsuits lacked the information listed
  267  under paragraph (a); or
  268         2. The person sued to enforce the claim of patent
  269  infringement and a court found the claim to be meritless.
  270         (i) Any other factor the court finds relevant.
  271         (2) A court may consider the following factors as evidence
  272  that a person has not made a bad faith assertion of patent
  273  infringement:
  274         (a) The demand letter contained the information listed
  275  under paragraph (1)(a).
  276         (b) The demand letter did not contain the information
  277  listed under paragraph (1)(a), the target requested the
  278  information, and the person provided the information within a
  279  reasonable period.
  280         (c) The person engaged in a good faith effort to establish
  281  that the target has infringed the patent and negotiated an
  282  appropriate remedy.
  283         (d) The person made a substantial investment in the use of
  284  the patented invention or discovery or in a product or sale of a
  285  product or item covered by the patent.
  286         (e) The person is the inventor or joint inventor of the
  287  patented invention or discovery, or in the case of a patent
  288  filed by and awarded to an assignee of the original inventor or
  289  joint inventors, is the original assignee.
  290         (f) The person has:
  291         1. Demonstrated good faith business practices in previous
  292  efforts to enforce the patent, or a substantially similar
  293  patent; or
  294         2. Successfully enforced the patent, or a substantially
  295  similar patent, through litigation.
  296         (g) Any other factor the court finds relevant.
  297         Section 10. Section 501.994, Florida Statutes, is created
  298  to read:
  299         501.994 Bond.—If a person initiates a proceeding against a
  300  target in a court of competent jurisdiction, the target may move
  301  that the proceeding involves a bad faith assertion of patent
  302  infringement in violation of this part and request that the
  303  court issue a protective order. After the motion, and if the
  304  court finds that the target has established a reasonable
  305  likelihood that the plaintiff has made a bad faith assertion of
  306  patent infringement, the court must require the plaintiff to
  307  post a bond in an amount equal to the lesser of $250,000 or a
  308  good faith estimate of the target’s expense of litigation,
  309  including an estimate of reasonable attorney fees, conditioned
  310  on payment of any amount finally determined to be due to the
  311  target. The court shall hold a hearing at either party’s
  312  request. A court may waive the bond requirement for good cause
  313  shown or if it finds the plaintiff has available assets equal to
  314  the amount of the proposed bond.
  315         Section 11. Section 501.995, Florida Statutes, is created
  316  to read:
  317         501.995 Private right of action.—A person aggrieved by a
  318  violation of this part may bring an action in a court of
  319  competent jurisdiction. A court may award the following remedies
  320  to a prevailing plaintiff in an action brought pursuant to this
  321  section:
  322         (1) Equitable relief;
  323         (2) Damages;
  324         (3) Costs and fees, including reasonable attorney fees; and
  325         (4) Punitive damages in an amount equal to $50,000 or three
  326  times the total damages, costs, and fees, whichever is greater.
  327         Section 12. Section 501.996, Florida Statutes, is created
  328  to read:
  329         501.996 Enforcement.—A violation of this part is an unfair
  330  or deceptive trade practice under part II of this chapter.
  331         Section 13. Section 501.997, Florida Statutes, is created
  332  to read:
  333         501.997 Exemptions.—This part does not apply to an
  334  institution of higher education, to a technology transfer
  335  organization owned by or affiliated with an institution of
  336  higher education, or to a demand letter or an assertion of
  337  patent infringement that includes a claim for relief arising
  338  under 35 U.S.C. s. 271(e)(2) or 42 U.S.C. s. 262.
  339         Section 14. Subsections (3) and (6) of section 960.03,
  340  Florida Statutes, are amended to read:
  341         960.03 Definitions; ss. 960.01-960.28.—As used in ss.
  342  960.01-960.28, unless the context otherwise requires, the term:
  343         (3) “Crime” means:
  344         (a) A felony or misdemeanor offense committed by an adult
  345  or a juvenile which results in physical injury or death, a
  346  forcible felony committed by an adult or juvenile which directly
  347  results in psychiatric or psychological injury, or a felony or
  348  misdemeanor offense of child abuse committed by an adult or a
  349  juvenile which results in a mental injury, as defined in s.
  350  827.03, to a person younger than 18 years of age who was not
  351  physically injured by the criminal act. The mental injury to the
  352  minor must be verified by a psychologist licensed under chapter
  353  490, by a physician licensed in this state under chapter 458 or
  354  chapter 459 who has completed an accredited residency in
  355  psychiatry, or by a physician who has obtained certification as
  356  an expert witness pursuant to s. 458.3175. The term also
  357  includes a criminal act that is committed within this state but
  358  that falls exclusively within federal jurisdiction.
  359         (b) A violation of s. 316.027(2), s. 316.193, s. 316.1935
  360  s. 316.027(1), s. 327.35(1), s. 782.071(1)(b), or s.
  361  860.13(1)(a) which results in physical injury or death.
  362         (c);however, An act involving the operation of a motor
  363  vehicle, boat, or aircraft which results in another person’s
  364  injury or death that is intentionally inflicted through the use
  365  of the vehicle, boat, or aircraft; however, no other act
  366  involving the operation of a motor vehicle, boat, or aircraft
  367  constitutes a crime for purposes of this chapter does not
  368  constitute a crime for the purpose of this chapter unless the
  369  injury or death was intentionally inflicted through the use of
  370  the vehicle, boat, or aircraft.
  371         (d)(c) A criminal act committed outside this state against
  372  a resident of this state which would have been compensable if it
  373  had occurred in this state and which occurred in a jurisdiction
  374  that does not have an eligible crime victim compensation program
  375  as the term is defined in the federal Victims of Crime Act of
  376  1984.
  377         (e)(d) A violation of s. 827.071, s. 847.0135, s. 847.0137,
  378  or s. 847.0138, related to online sexual exploitation and child
  379  pornography.
  380         (6) “Disabled adult” means a person 18 years of age or
  381  older who suffers from a condition of physical or mental
  382  incapacitation due to a developmental disability, or organic
  383  brain damage, or mental illness or who has one or more physical
  384  or mental limitations that restrict the person’s ability to
  385  perform the normal activities of daily living.
  386         Section 15. Subsection (6) of section 960.13, Florida
  387  Statutes, is amended to read:
  388         960.13 Awards.—
  389         (6) Any award made pursuant to this chapter, except an
  390  award for loss of support or catastrophic injury, shall be
  391  reduced by the amount of any payments or services received or to
  392  be received by the claimant as a result of the injury or death:
  393         (a) From or on behalf of the person who committed the
  394  crime; provided, however, that a restitution award ordered by a
  395  court to be paid to the claimant by the person who committed the
  396  crime shall not reduce any award made pursuant to this chapter
  397  unless it appears to the department that the claimant will be
  398  unjustly enriched thereby.
  399         (b) From any other public or private source or provider,
  400  including, but not limited to, an award of workers’ compensation
  401  pursuant to chapter 440.
  402         (c) From agencies mandated by other Florida statutes to
  403  provide or pay for services, except as provided in s. 960.28.
  404         (d) From an emergency award under s. 960.12.
  405         Section 16. Section 960.195, Florida Statutes, is amended
  406  to read:
  407         960.195 Awards to elderly persons or disabled adults for
  408  property loss.—
  409         (1) Notwithstanding the criteria in s. 960.13, for crime
  410  victim compensation awards, the department may award a maximum
  411  of $500 on any one claim and a lifetime maximum of $1,000 on all
  412  claims to elderly persons or disabled adults who suffer a
  413  property loss that causes a substantial diminution in their
  414  quality of life when:
  415         (a)(1) There is proof that a criminal or delinquent act was
  416  committed;
  417         (b)(2) The criminal or delinquent act is reported to law
  418  enforcement authorities within 72 hours, unless the department,
  419  for good cause shown, finds the delay to have been justified;
  420         (3) The victim cooperates with law enforcement authorities
  421  in the investigation of the criminal or delinquent act;
  422         (c)(4) There is proof that the tangible personal property
  423  in question belonged to the claimant;
  424         (d)(5) The claimant did not contribute to the criminal or
  425  delinquent act;
  426         (e)(6) There is no other source of reimbursement or
  427  indemnification available to the claimant; and
  428         (f)(7) The claimant would not be able to replace the
  429  tangible personal property in question without incurring a
  430  serious financial hardship.
  431         (2) The department may deny, reduce, or withdraw any award
  432  under subsection (1) upon finding that any claimant or award
  433  recipient has not duly cooperated with the state attorney, all
  434  law enforcement agencies, and the department.
  435         Section 17. Section 960.196, Florida Statutes, is created
  436  to read:
  437         960.196 Relocation assistance for victims of human
  438  trafficking.—
  439         (1) Notwithstanding the criteria specified in ss. 960.07(2)
  440  and 960.13 for crime victim compensation awards, the department
  441  may award a one-time payment of up to $1,500 for any one claim
  442  and a lifetime maximum of $3,000 to a victim of human
  443  trafficking who needs urgent assistance to escape from an unsafe
  444  environment directly related to the human trafficking offense.
  445         (2) In order for an award to be granted to a victim for
  446  relocation assistance:
  447         (a) There must be proof that a human trafficking offense,
  448  as described in s. 787.06(3)(b), (d), (f), or (g), was
  449  committed.
  450         (b) The crime must be reported to the proper authorities
  451  and the claim must be filed within 1 year, or 2 years with good
  452  cause, after the date of the last human trafficking offense, as
  453  described in s. 787.06(3)(b), (d), (f), or (g). In a case that
  454  exceeds the 2-year requirement due to an active and ongoing
  455  investigation, a state attorney, statewide prosecutor, or
  456  federal prosecutor may certify in writing a human trafficking
  457  victim’s need to relocate from an unsafe environment due to the
  458  threat of future violence which is directly related to the human
  459  trafficking offense.
  460         (c) The victim’s need must be certified by a certified
  461  domestic violence or rape crisis center in this state, except as
  462  provided in paragraph (b). The center’s certification must
  463  assert that the victim is cooperating with the proper
  464  authorities and must include documentation that the victim has
  465  developed a safety plan.
  466         (3) Relocation payments for a human trafficking claim shall
  467  be denied if the department has previously approved or paid out
  468  a domestic violence or sexual battery relocation claim under s.
  469  960.198 or s. 960.199 to the same victim regarding the same
  470  incident.
  471         Section 18. Subsection (3) of section 960.198, Florida
  472  Statutes, is amended to read:
  473         960.198 Relocation assistance for victims of domestic
  474  violence.—
  475         (3) Relocation payments for a domestic violence claim shall
  476  be denied if the department has previously approved or paid out
  477  a human trafficking or sexual battery relocation claim under s.
  478  960.196 or s. 960.199 to the same victim regarding the same
  479  incident.
  480         Section 19. Section 960.199, Florida Statutes, is amended
  481  to read:
  482         960.199 Relocation assistance for victims of sexual battery
  483  or human trafficking.—
  484         (1) The department may award a one-time payment of up to
  485  $1,500 on any one claim and a lifetime maximum of $3,000 to a
  486  victim of sexual battery, as defined in s. 794.011, or a victim
  487  of human trafficking, as described in s. 787.06(3)(b), (d), (f),
  488  or (g), who needs relocation assistance.
  489         (2) In order for an award to be granted to a victim for
  490  relocation assistance:
  491         (a) There must be proof that a sexual battery offense or
  492  human trafficking offense, as described in s. 787.06(3)(b), (d),
  493  (f), or (g), was committed.
  494         (b) The sexual battery offense or human trafficking
  495  offense, as defined in s. 787.06(3)(b), (d), (f), or (g), must
  496  be reported to the proper authorities.
  497         (c) The victim’s need for assistance must be certified by a
  498  certified rape crisis center in this state or by the state
  499  attorney or statewide prosecutor having jurisdiction over the
  500  offense. A victim of human trafficking’s need for assistance may
  501  also be certified by a certified domestic violence center in
  502  this state.
  503         (d) The center’s certification must assert that the victim
  504  is cooperating with law enforcement officials, if applicable,
  505  and must include documentation that the victim has developed a
  506  safety plan. If the victim seeking relocation assistance is a
  507  victim of a human trafficking offense as described in s.
  508  787.06(3)(b), (d), (f), or (g), the certified rape crisis
  509  center’s or certified domestic violence center’s certification
  510  must include, if applicable, approval of the state attorney or
  511  statewide prosecutor attesting that the victim is cooperating
  512  with law enforcement officials.
  513         (e) The act of sexual battery or human trafficking, as
  514  described in s. 787.06(3)(b), (d), (f), or (g), must be
  515  committed in the victim’s place of residence or in a location
  516  that would lead the victim to reasonably fear for his or her
  517  continued safety in the place of residence.
  518         (3) Relocation payments for a sexual battery or human
  519  trafficking claim under this section shall be denied if the
  520  department has previously approved or paid out a human
  521  trafficking or domestic violence relocation claim under s.
  522  960.196 or s. 960.198 to the same victim regarding the same
  523  incident.
  524         Section 20. This act shall take effect July 1, 2015.