Bill Text: FL S1426 | 2019 | Regular Session | Introduced


Bill Title: Victim Rights

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-05-03 - Died in Criminal Justice [S1426 Detail]

Download: Florida-2019-S1426-Introduced.html
       Florida Senate - 2019                                    SB 1426
       
       
        
       By Senator Book
       
       
       
       
       
       32-00781A-19                                          20191426__
    1                        A bill to be entitled                      
    2         An act relating to victim rights; creating s.
    3         960.0011, F.S.; declaring legislative intent;
    4         specifying the rights to which every victim is
    5         entitled; creating s. 960.0012, F.S.; defining terms;
    6         creating s. 960.0013, F.S.; specifying rights that a
    7         victim may elect to exercise by providing notice to a
    8         state attorney or a law enforcement agency; providing
    9         for satisfaction of certain victim rights under
   10         certain circumstances; creating s. 960.0014, F.S.;
   11         prohibiting the questioning of a victim regarding
   12         certain sexual conduct; providing an exception;
   13         requiring a state attorney to advise a victim of a
   14         certain right; requiring the state attorney to
   15         immediately terminate a deposition if certain
   16         questions are asked; requiring a law enforcement
   17         agency and a state attorney to promptly return a
   18         victim’s property; providing an exception; providing
   19         that a victim has the right to full and timely
   20         restitution; requiring a court’s restitution order to
   21         be part of a sentence; requiring law enforcement
   22         agencies and the state attorney to inform victims of
   23         certain rights; providing requirements relating to the
   24         restitution order; creating s. 960.0016, F.S.;
   25         specifying that victims have a right to be informed of
   26         their rights; requiring the Office of the Attorney
   27         General to design and publish information that advises
   28         the general public and crime victims of their rights;
   29         requiring the Office of the Attorney General to design
   30         and distribute a certain form to each state attorney;
   31         providing requirements for such form; requiring law
   32         enforcement agencies that investigate offenses to
   33         provide a crime victim with a copy of the victim
   34         rights information card and an explanation of rights
   35         within a specified timeframe; providing requirements
   36         relating to the rights of crime victims; specifying
   37         that a victim has a right to retain a victim’s
   38         attorney; specifying that such right does not create a
   39         right for a victim to retain an attorney at the
   40         public’s expense; specifying persons who have standing
   41         and may assert specified rights; providing
   42         requirements relating to the assertion of such rights;
   43         renumbering and amending s. 960.001, F.S.; revising
   44         the persons who are required to develop, publish, post
   45         on a website, and implement certain guidelines to
   46         implement specified provisions of the State
   47         Constitution; revising the objectives those persons
   48         must achieve; conforming provisions to changes made by
   49         the act; renumbering and amending s. 960.0015, F.S.;
   50         providing for enforcement and protection of a victim’s
   51         right to a prompt and final conclusion of a case and
   52         any relating proceedings; authorizing a state attorney
   53         at the trial court level to file a good faith demand
   54         for speedy trial under certain circumstances;
   55         providing court and related hearing requirements;
   56         creating reporting requirements based on specified
   57         time limits in the State Constitution; requiring a
   58         chief judge of a district court of appeal or the Chief
   59         Justice of the Supreme Court to enter a notice of
   60         delay under certain circumstances; providing filing
   61         requirements; requiring a chief judge of a district
   62         court of appeal or the Chief Justice of the Supreme
   63         Court annually and by a certain date to issue an aging
   64         report on a case-by-case basis to the Legislature
   65         containing specified information; providing
   66         requirements relating to the aging report; deleting
   67         provisions that authorize a state attorney to file a
   68         demand for speedy trial under certain circumstances;
   69         deleting provisions relating to a court scheduling a
   70         trial; deleting provisions allowing a trial court to
   71         postpone a trial date for a specified timeframe under
   72         certain circumstances; amending s. 960.0021, F.S.;
   73         revising the announcement that a court may make to
   74         fulfill an obligation to advise crime victims of
   75         certain rights; requiring the Office of the Attorney
   76         General, rather than the Department of Legal Affairs,
   77         to provide the courts with the posters displaying a
   78         certain notification; requiring the chief judge of a
   79         circuit court, rather than the circuit court
   80         administrator, to coordinate efforts to ensure that
   81         victim rights information is provided to the clerk of
   82         the court; deleting a provision relating to
   83         applicability; amending ss. 945.10 and 958.07, F.S.;
   84         conforming provisions to changes made by the act;
   85         providing an effective date.
   86          
   87  Be It Enacted by the Legislature of the State of Florida:
   88  
   89         Section 1. Section 960.0011, Florida Statutes, is created
   90  to read:
   91         960.0011Legislative intent; rights of victims.—
   92         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
   93  to implement, preserve, protect, and enforce the rights
   94  guaranteed to crime victims by s. 16(b), Art. I of the State
   95  Constitution in a manner no less vigorous than protections
   96  afforded to criminal defendants and juvenile delinquents. The
   97  Legislature intends:
   98         (a) To ensure that crime victims are treated with fairness
   99  and respect for their dignity and privacy.
  100         (b) To achieve justice, by recognizing a victim’s right to
  101  have a meaningful role throughout the proceedings of the
  102  criminal and juvenile justice systems.
  103         (c) To ensure that crime victims are informed of their
  104  rights and have standing to assert their rights in the courts of
  105  this state.
  106         (d) To establish procedures for enforcement of those
  107  rights.
  108         (2) RIGHTS OF VICTIMS.—Every victim is entitled to the
  109  following rights, beginning at the time of his or her
  110  victimization:
  111         (a) The right to due process and to be treated with
  112  fairness and respect for their dignity.
  113         (b) The right to be free from intimidation, harassment, and
  114  abuse.
  115         (c) The right within the judicial process to be reasonably
  116  protected from the accused and any person acting on behalf of
  117  the accused.
  118         (d) The right to confer. The right to confer does not
  119  create any right to interfere with the state attorney’s
  120  discretion in determining what charges to bring, whether to go
  121  to trial on a case, or what plea offer to make. The right to
  122  confer is intended to give crime victims a means to be heard and
  123  have their views considered, but it does not give them the right
  124  to veto decisions by the state.
  125         (e) The right to have their safety and welfare and that of
  126  their family considered when setting bail, including setting
  127  pretrial release conditions that protect their safety and
  128  welfare and that of their family.
  129         (f) The right to have a support person. A support person is
  130  an individual who the victim or next friend believes will be
  131  capable to assist and provide comfort to the victim throughout
  132  the case. The support person must be allowed to attend all
  133  proceedings the victim may choose to or be required to attend,
  134  including any physical or mental examinations, hearings,
  135  statements, depositions, or trials. A support person may not be
  136  chosen from the good faith witness list provided by either the
  137  state or the defense either before or during the 30 days
  138  following the state’s initial response to a defendant’s request
  139  for discovery. Communications between the support person and the
  140  victim shall be confidential except for good cause upon motion
  141  to the court.
  142         (g)1.The right to prevent the disclosure of information to
  143  the defense, or anyone acting on behalf of the defense, without
  144  a court order upon a motion to the court for good cause.
  145         2.The right in subparagraph 1. includes the right to
  146  refuse to answer questions or any inquiries concerning any of
  147  the matters listed in this paragraph at a deposition or at any
  148  other interview.
  149         3.Law enforcement officers, correctional officers, or
  150  correctional probation officers who become crime victims in the
  151  course and scope of their employment or official duties are
  152  exempt from privacy provisions as it pertains to their identity
  153  and the facts of the criminal event.
  154         Section 2. Section 960.0012, Florida Statutes, is created
  155  to read:
  156         960.0012 Definitions.—As used in this chapter, unless the
  157  context otherwise requires, the term:
  158         (1) “Completion of sentence” means successful completion of
  159  any term of incarceration or legal constraint, payment of all
  160  court-imposed fines, and payment of all court-ordered
  161  restitution.
  162         (2)“Confer” means to consult, share information, compare
  163  opinions, and carry on a discussion or deliberation with one or
  164  more persons.
  165         (3) “Court proceedings” includes, but is not limited to, a
  166  first appearance hearing, an arraignment, any post-arraignment
  167  hearing the effect of which may be the release of the defendant
  168  from custody or to alter the conditions of bond, a change of
  169  plea hearing, a trial, any pretrial or post-trial hearing, a
  170  sentencing, any proceeding or hearing in a juvenile delinquency
  171  case, such as a detention hearing, an adjudicatory hearing, a
  172  disposition hearing, a detention hearing, or a juvenile
  173  mediation, and any oral argument or hearing before an appellate
  174  court, any competency hearing, a hearing for conditional
  175  release, any hearing related to a modification of sentence,
  176  probation or community control revocation hearing, aftercare
  177  release or parole hearings, post-conviction relief proceedings,
  178  habeas corpus proceedings, and clemency proceedings related to
  179  the defendant’s or delinquent’s conviction or sentence.
  180         (4) “Crime” and “criminal” include delinquent acts and
  181  conduct committed by juvenile offenders.
  182         (5)“Sentence” includes, but is not limited to, the
  183  imposition of sentence, probation, community control, other
  184  legal constraint, fines imposed, restitution, any conditions of
  185  any legal constraint, a request for a reduction in sentence,
  186  parole, mandatory supervised release, aftercare release, early
  187  release, inpatient treatment, outpatient treatment, conditional
  188  release after a finding that the defendant is not guilty by
  189  reason of insanity, clemency, or a proposal that would reduce
  190  any aspect of the defendant’s sentence, including reducing a
  191  restitution order to a civil judgment, or that would result in
  192  the defendant’s release.
  193         (6)“Sentencing” includes, but is not limited to, the
  194  imposition of sentence or the disposition of a juvenile petition
  195  and also a request for a reduction or modification of sentence,
  196  parole, mandatory supervised release, community control,
  197  aftercare release, early release, consideration of inpatient
  198  treatment or outpatient treatment, commitment to the Department
  199  of Juvenile Justice or licensed child care agency, or
  200  conditional release after a finding that the defendant is not
  201  guilty by reason of insanity.
  202         (7) “Status hearing” means a hearing designed to provide
  203  information to the court, at which no motion of a substantive
  204  nature and no constitutional or statutory right of a crime
  205  victim is implicated or at issue.
  206         (8)“Support person” means an individual chosen by the
  207  victim, or in the case of minority or other disability, the
  208  court may determine who may act as the victim’s next friend, and
  209  the next friend may select a support person.
  210         (9) “Victim” means a person who suffers direct or
  211  threatened physical, psychological, or financial harm as a
  212  result of the commission or attempted commission of a crime or
  213  delinquent act or the person against whom the crime or
  214  delinquent act is committed. The term includes the victim’s
  215  lawful representative, the parent or guardian of a minor or next
  216  friend as determined by the court, the next of kin of a homicide
  217  victim, and the victim’s support person, except upon a showing
  218  that the interest of such individual would be in actual or
  219  potential conflict with the interests of the victim. The term
  220  does not include the accused.
  221         (10) “Victim’s attorney” means an attorney retained by the
  222  victim for the purposes of asserting the victim’s constitutional
  223  and statutory rights. An attorney retained by the victim means
  224  an attorney who is hired to represent the victim at the victim’s
  225  expense or an attorney who has agreed to provide pro bono
  226  representation.
  227         Section 3. Section 960.0013, Florida Statutes, is created
  228  to read:
  229         960.0013 Rights a victim may elect to exercise.—
  230         (1) A crime victim may elect to exercise any or all of the
  231  following rights by providing notice to the appropriate state
  232  attorney or law enforcement agency:
  233         (a) The right to reasonable, accurate, and timely notice of
  234  all public court proceedings involving the criminal conduct or
  235  delinquent act, including, but not limited to, a trial, a plea,
  236  a sentencing, or an adjudication, even if the victim will be a
  237  witness at the proceeding, notwithstanding any rule of procedure
  238  to the contrary.
  239         1. If a victim has requested notice of a court proceeding
  240  and is absent from that proceeding and the court determines the
  241  victim was not notified of the time and place of the court
  242  proceeding in a method reasonably designed to actually notify
  243  the victim, only a status hearing may be held at such time and
  244  all other matters must be continued to a later court proceeding
  245  where the victim is noticed in a manner as directed by the
  246  court.
  247         2. A victim must be provided reasonable, accurate, and
  248  timely notice of any release or escape of the defendant or
  249  delinquent, and any proceeding during which a right of the
  250  victim is implicated.
  251         a. The chief administrator, or a designee of the chief
  252  administrator, of a county jail, municipal jail, juvenile
  253  detention facility, or residential commitment facility shall
  254  make a reasonable attempt to notify the alleged victim or
  255  appropriate next of kin of the alleged victim or other
  256  designated contact within 4 hours after the release of the
  257  defendant on bail or, in the case of a juvenile offender, upon
  258  the release from residential detention or commitment. If the
  259  chief administrator or his or her designee is unable to contact
  260  the alleged victim or appropriate next of kin of the alleged
  261  victim or other designated contact by telephone, the chief
  262  administrator or his or her designee must send to the alleged
  263  victim, or appropriate next of kin of the alleged victim or
  264  other designated contact, a written notification of the
  265  defendant’s release.
  266         b.Unless otherwise requested by the victim or the
  267  appropriate next of kin of the victim or other designated
  268  contact, the information contained on the victim notification
  269  card must be sent by the chief administrator or his or her
  270  designee of the appropriate facility to the subsequent
  271  correctional or residential commitment facility following the
  272  sentencing and incarceration of the defendant, and unless
  273  otherwise requested by the victim or the appropriate next of kin
  274  of the victim or other designated contact, he or she must be
  275  notified of the release of the defendant from incarceration as
  276  provided by law.
  277         c.If the defendant was arrested pursuant to a warrant or
  278  taken into custody pursuant to s. 985.101 in a jurisdiction
  279  other than the jurisdiction in which the defendant is being
  280  released, and the alleged victim or appropriate next of kin of
  281  the alleged victim or other designated contact does not waive
  282  the option for notification of release, the chief correctional
  283  officer or chief administrator of the facility releasing the
  284  defendant shall make a reasonable attempt to immediately notify
  285  the chief correctional officer of the jurisdiction in which the
  286  warrant was issued or the child was taken into custody pursuant
  287  to s. 985.101, and the chief correctional officer of that
  288  jurisdiction shall make a reasonable attempt to notify the
  289  alleged victim or appropriate next of kin of the alleged victim
  290  or other designated contact, as provided in this paragraph, that
  291  the defendant has been or will be released.
  292         d. A victim may waive notification at any time, and such
  293  waiver shall be noted in the agency’s files.
  294         3. Each victim or witness scheduled to attend a court
  295  proceeding in either a criminal or juvenile justice proceeding
  296  shall be notified as soon as possible by the agency scheduling
  297  his or her appearance of any change in scheduling which may
  298  affect his or her appearance.
  299         (b) The right to be present at all court proceedings.
  300  Notwithstanding any rule of procedure or court practice to the
  301  contrary, every crime victim has a right, even if he or she will
  302  be a witness in the proceeding, to attend and observe all court
  303  proceedings, including suppression or other evidentiary
  304  hearings, and to attend and observe the entire trial of the
  305  accused, including jury selection, witness examinations, and
  306  closing arguments. This right to attend proceedings is equal to
  307  that of the defendant or the delinquent charged with the
  308  criminal offense or delinquent act against the victim.
  309         (c)The right to be heard in any public or court
  310  proceeding, including pretrial hearings or other hearings for
  311  release from any form of legal constraint, plea hearings,
  312  sentencing hearings, adjudication hearings, or parole hearings,
  313  and any proceeding during which a right of the victim is
  314  implicated.
  315         1. Whenever a victim who is not incarcerated has the right
  316  to be heard, the court, subject to the proper functioning of the
  317  court, shall allow the victim to exercise this right in any
  318  reasonable manner the victim chooses.
  319         2. In the case of incarcerated victims, the right to
  320  exercise the right to be heard is satisfied by submitting
  321  written statements at any stage of the criminal juvenile court
  322  hearings, parole hearings, or any administrative hearings.
  323         (d) The right to be provided a copy of the police report.
  324  Upon the request of the victim, the law enforcement agency
  325  having jurisdiction shall provide a free copy of the police
  326  report concerning the victim’s incident, as soon as practicable,
  327  but not later than 5 business days after the request. The law
  328  enforcement agency may redact any confidential or confidential
  329  and exempt information according to the public records laws in
  330  this state.
  331         (e) The right to confer with the prosecuting attorney in
  332  any plea agreements and in proceedings regarding the
  333  participation of the accused in a formal or informal pretrial
  334  diversion program and proceedings regarding release,
  335  restitution, sentencing, or any other disposition of the case.
  336         1. A state attorney office shall consider a written victim
  337  impact statement, if prepared before entering into a plea
  338  agreement, before making an offer of a plea bargain to the
  339  defendant, or entering into negotiations with the defendant
  340  concerning a possible plea agreement.
  341         2. The right to confer with the prosecutor does not include
  342  the right to veto a plea agreement or to require the case go to
  343  trial.
  344         (f) The right to provide information regarding the impact
  345  of the offender’s conduct on the victim and the victim’s family.
  346  The state attorney shall inform the victim of the victim’s right
  347  to submit an oral or written impact statement pursuant to s.
  348  921.143 and shall assist in the preparation of such statement if
  349  necessary. The information provided by the victim shall be
  350  considered in any sentencing recommendations submitted to the
  351  court.
  352         (g) The right to receive a copy of any presentence report
  353  and any other report or record relevant to the exercise of a
  354  victim’s right, except that any confidential information
  355  pertaining to medical history, mental health, or substance
  356  abuse, and any information pertaining to any other victim, must
  357  be redacted from the copy of the report. Any person who reviews
  358  the report pursuant to this paragraph must maintain the
  359  confidentiality of the report and may not disclose its contents
  360  to any person except in statements made to the state attorney or
  361  the court.
  362         (h) The right to be informed of the conviction, sentence,
  363  adjudication, place and time of incarceration or commitment in
  364  any type of facility, or other disposition of the convicted
  365  offender, any scheduled release date of the offender, and the
  366  release or escape of the offender from custody.
  367         (i) The right to be informed of all postconviction
  368  processes and court proceedings and procedures, and the right to
  369  be notified of and to participate in such processes and
  370  procedures. The victim may be heard in a trial court by filing
  371  an amicus curiae that complies with the appropriate appellate
  372  rules or by appearing before panels, commissions, or boards to
  373  provide information to be considered before any release decision
  374  is made. The victim has the right to be notified of any release
  375  decision regarding the offender. At any parole hearing, the
  376  Control Release Authority must extend the right to be heard to
  377  any person harmed by the offender.
  378         (j) The right to be informed of clemency and discretionary
  379  expungement procedures, not including those that may occur by
  380  operation of law based on the passage of time, to provide
  381  information to the Governor, the court, any clemency board, and
  382  any other authority in these procedures, and to have that
  383  information considered before a clemency or expungement decision
  384  is made, and to be notified of such decision in advance of any
  385  release of the offender.
  386         (2) The rights of a victim, as provided in sub-subparagraph
  387  (1)(a)2.a., sub-subparagraph (1)(a)2.b., or sub-subparagraph
  388  (1)(a)2.c., when the court proceeding is a first appearance
  389  hearing, are deemed to be satisfied by a reasonable attempt by
  390  the appropriate law enforcement agency to notify the victim and,
  391  if known, when the victim’s views are timely conveyed to the
  392  court if the victim is unable to attend.
  393         Section 4. Section 960.0014, Florida Statutes, is created
  394  to read:
  395         960.0014Rights of all crime victims.—
  396         (1) To implement ss. 16(b)(1), (2), and (5) of Art. I of
  397  the State Constitution to prevent harassment of a victim, to be
  398  respectful of a victim’s dignity, and to protect a victim’s
  399  privacy, the defense or anyone acting on behalf of the defense
  400  may not ask any questions or make any inquiry during a pretrial
  401  deposition or statement into any matter concerning or relating
  402  to any sexual conduct by a victim which may have occurred before
  403  the offense for which the accused is charged, unless the defense
  404  has obtained a prior court order requiring such testimony, based
  405  on a finding by the trial judge that such testimony will likely
  406  be admissible evidence in a trial or hearing.
  407         (a) If the court grants the motion to allow deposition
  408  questions about prior sexual conduct, the court order
  409  authorizing the inquiry must be sufficiently detailed so as to
  410  prevent unfair surprise to the victim.
  411         (b) If one or more questions concerning the prior sexual
  412  conduct of a victim is asked during a deposition without a court
  413  order authorizing such inquiry, the state attorney, on behalf of
  414  the victim, must advise the victim that there is no legal
  415  obligation to answer the question and shall immediately
  416  terminate the deposition. When a deposition has been terminated
  417  because of a violation of this paragraph, no further right to
  418  take the victim’s deposition may be granted except upon an order
  419  of the court finding just cause.
  420         (2) Law enforcement agencies and the state attorney shall
  421  promptly return a victim’s property held for evidentiary
  422  purposes unless there is a compelling law enforcement reason for
  423  retaining it. The trial or juvenile court exercising
  424  jurisdiction over the court proceeding may enter appropriate
  425  orders to implement this subsection, including allowing
  426  photographs of the victim’s property to be used as evidence at
  427  the criminal trial or the juvenile proceeding in place of the
  428  victim’s property if no substantial evidentiary issue related to
  429  the property is in dispute.
  430         (3) A victim has the right to full and timely restitution
  431  in every case and from each convicted offender for all losses
  432  the victim suffered, both directly and indirectly, as a result
  433  of the criminal conduct as determined by the court, or as
  434  stipulated to, when such stipulation is accepted by the court.
  435  The court’s restitution order shall be part of the sentence for
  436  the criminal conduct.
  437         (a) Law enforcement agencies and the state attorney shall
  438  inform the victim of the victim’s right to request and receive
  439  restitution pursuant to s. 775.089 or s. 985.437 and of the
  440  victim’s rights of enforcement under ss. 775.089(6) and 985.0301
  441  if an offender does not comply with a restitution order. The
  442  state attorney shall seek the victim’s assistance in documenting
  443  the victim’s losses for the purpose of requesting and receiving
  444  restitution.
  445         (b) In addition, the state attorney shall inform the victim
  446  if restitution is ordered.
  447         (c) The clerk of the court shall file a notice in the case
  448  certifying full payment of restitution at such time as the
  449  offender completes payment of all ordered restitution. The
  450  obligation to pay restitution survives the completion of any
  451  other forms of legal constraint, including probation, community
  452  control, or incarceration.
  453         (d)If an order of restitution is converted to a civil lien
  454  or civil judgment against the defendant, information provided by
  455  the Secretary of State or The Florida Bar on enforcing a civil
  456  lien or judgment must be made available to a victim at the clerk
  457  of the court’s office and on the clerk’s website.
  458         (e) An order of restitution may be enforced by all
  459  available and reasonable means.
  460         (f) If an individual who is required to pay restitution
  461  receives substantial resources from any source, including an
  462  inheritance, a settlement, or any other judgment during a period
  463  of incarceration, the individual must apply the resources to the
  464  restitution balance until the restitution obligation is
  465  satisfied.
  466         Section 5. Section 960.0016, Florida Statutes, is created
  467  to read:
  468         960.0016Duty to provide victims with notice of their
  469  rights.—
  470         (1) Victims have a right to be informed of their rights
  471  under s. 16(b), Art. I of the State Constitution and under state
  472  law, and to be informed that they may seek the advice of an
  473  attorney with respect to their rights.
  474         (a) The Office of the Attorney General shall design and
  475  publish information that advises the general public and crime
  476  victims of their rights. This information must be made available
  477  to the general public and provided to all crime victims in the
  478  form of a card or by other means intended for use by law
  479  enforcement agencies or other entities assisting victims to
  480  effectively advise them of their rights. The victim rights
  481  information card should advise victims where they can acquire
  482  additional information about their rights and how to make
  483  elections to exercise optional rights. The card must provide
  484  information about crime victim compensation, including how to
  485  contact the Office of the Attorney General to file a claim, and
  486  include appropriate referrals to local and state programs that
  487  provide victim services.
  488         (b) The Office of the Attorney General shall design and
  489  distribute a form to each state attorney which may be used by
  490  victims to elect which rights they may wish to exercise. The
  491  completed election of rights form must be filed with the court
  492  and must be available to the trial judge. The form may be
  493  amended at any time. The state attorneys shall make the form
  494  available to victims, law enforcement officers, clerks of court,
  495  and state and local programs that provide victim services. The
  496  form may also be available for download on state attorney
  497  websites or the websites of other criminal or juvenile justice
  498  system participants.
  499         (c) A law enforcement agency that investigates an offense
  500  committed in this state shall provide a crime victim with a copy
  501  of the victim rights information card and an explanation of the
  502  rights of crime victims within 48 hours after the law
  503  enforcement agency’s initial contact with a victim. Law
  504  enforcement agencies shall also provide a crime victim with a
  505  form the victim shall sign and date as an acknowledgment that he
  506  or she has been furnished with information on and an explanation
  507  of the rights of crime victims and compensation. If the victim
  508  chooses not to sign the statement, a notation must be made in a
  509  report.
  510         (d) The clerk of the circuit court shall post the rights of
  511  crime victims within 3 feet of the door to any courtroom where
  512  criminal proceedings are conducted and on the clerk’s website.
  513  The clerk may also post the rights in other locations in the
  514  courthouse.
  515         (2) At any point, the victim has the right to retain a
  516  victim’s attorney who may be present with the victim during all
  517  stages of any interview, investigation, or other interaction
  518  with representatives of the criminal justice system with which
  519  the victim is required to interact. Treatment of the victim may
  520  not be affected or altered in any way as a result of the
  521  victim’s decision to exercise this right. This subsection does
  522  not create a right for a victim to retain an attorney at the
  523  public’s expense.
  524         (a) An attorney wishing to appear on behalf of a victim
  525  shall file a limited notice of appearance allowing the attorney
  526  to assert and protect the victim’s rights.
  527         (b) Upon the filing of the notice of appearance and service
  528  on the office of state attorney and the defendant and his or her
  529  attorney, the attorney shall receive copies of all notices,
  530  motions, and court orders filed thereafter in the case.
  531         (3) The victim, the victim’s attorney, a lawful
  532  representative of the victim, the parents or guardian of a
  533  victim who is a minor, or the office of the state attorney, upon
  534  request of the victim, have standing and may assert and seek
  535  enforcement of the rights enumerated in s. 16(b), Art. I of the
  536  State Constitution, this chapter, or any other right afforded to
  537  a victim by law in any trial or appellate court or before any
  538  other authority with jurisdiction over the case.
  539         (a) The court or other authority with jurisdiction shall
  540  act promptly on such a request, affording a remedy for the
  541  violation of any right. The court shall make written findings
  542  supporting any decision regarding the disposition of a victim’s
  543  rights.
  544         1. If the court determines that a victim’s rights have been
  545  violated, the court must determine an appropriate remedy for the
  546  violation of the victim’s rights by hearing from the victim and
  547  the parties, considering all factors relevant to the issue, and
  548  awarding appropriate relief to the victim.
  549         2. An appropriate remedy shall include only actions
  550  necessary to provide the victim the right to which the victim is
  551  entitled and may include reopening previously held proceedings;
  552  however, the court may not vacate a conviction. Any remedy shall
  553  be tailored to provide the victim an appropriate remedy. An
  554  appropriate remedy may not be a new trial, damages, or costs.
  555         (b) The defendant in a criminal case has no standing to
  556  assert a right of the victim in any court proceeding, including
  557  on appeal.
  558         Section 6. Section 960.001, Florida Statutes, is renumbered
  559  as section 960.0017, Florida Statutes, and amended to read:
  560         960.0017 960.001 Guidelines for fair treatment of victims
  561  and witnesses in the criminal justice and juvenile justice
  562  systems.—
  563         (1) The Attorney General Department of Legal Affairs, the
  564  state attorneys, the Secretary of the Department of Corrections,
  565  the Secretary of the Department of Juvenile Justice, the Florida
  566  Commission on Offender Review, the Chief Justice of the Supreme
  567  Court State Courts Administrator and the chief judge of each
  568  circuit court administrators, the Executive Director of the
  569  Department of Law Enforcement, and every sheriff sheriff’s
  570  department, police department, or other law enforcement agency
  571  as defined in s. 943.10(4) shall develop, publish, post on any
  572  agency or court entity website, and implement guidelines for the
  573  use of their respective agencies, which guidelines are
  574  consistent with the purposes of this act and s. 16(b), Art. I of
  575  the State Constitution and are designed to implement s. 16(b),
  576  Art. I of the State Constitution and to achieve the following
  577  objectives:
  578         (a) Information concerning services available to victims of
  579  adult and juvenile crime.—As provided in s. 27.0065, state
  580  attorneys and public defenders shall gather information
  581  regarding the following services in the geographic boundaries of
  582  their respective circuits and shall provide such information to
  583  each law enforcement agency with jurisdiction within such
  584  geographic boundaries. Law enforcement personnel shall ensure,
  585  through distribution of a victim victim’s rights information
  586  card or brochure at the crime scene, during the criminal
  587  investigation, and in any other appropriate manner, that victims
  588  are given, as a matter of course at the earliest possible time,
  589  information about:
  590         1. The availability of crime victim compensation, if
  591  applicable;
  592         2. Crisis intervention services, supportive or bereavement
  593  counseling, social service support referrals, and community
  594  based victim treatment programs;
  595         3. The role of the victim in the criminal or juvenile
  596  justice process, including what the victim may expect from the
  597  system as well as what the system expects from the victim; and
  598         4. The stages in the criminal or juvenile justice process
  599  which may be of the greatest are of significance or interest to
  600  the victim and the manner in which information about such stages
  601  can be obtained.;
  602         5. The right of a victim, who is not incarcerated,
  603  including the victim’s parent or guardian if the victim is a
  604  minor, the lawful representative of the victim or of the
  605  victim’s parent or guardian if the victim is a minor, and the
  606  next of kin of a homicide victim, to be informed, to be present,
  607  and to be heard when relevant, at all crucial stages of a
  608  criminal or juvenile proceeding, to the extent that this right
  609  does not interfere with constitutional rights of the accused, as
  610  provided by s. 16(b), Art. I of the State Constitution;
  611         6. In the case of incarcerated victims, the right to be
  612  informed and to submit written statements at all crucial stages
  613  of the criminal proceedings, parole proceedings, or juvenile
  614  proceedings; and
  615         7. The right of a victim to a prompt and timely disposition
  616  of the case in order to minimize the period during which the
  617  victim must endure the responsibilities and stress involved to
  618  the extent that this right does not interfere with the
  619  constitutional rights of the accused.
  620         (b) Information for purposes of notifying victim or
  621  appropriate next of kin of victim or other designated contact of
  622  victim.—In the case of a homicide, pursuant to chapter 782; or a
  623  sexual offense, pursuant to chapter 794; or an attempted murder
  624  or sexual offense, pursuant to chapter 777; or stalking,
  625  pursuant to s. 784.048; or domestic violence, pursuant to s.
  626  25.385:
  627         1. The arresting law enforcement officer or personnel of an
  628  organization that provides assistance to a victim or to the
  629  appropriate next of kin of the victim or other designated
  630  contact must request that the victim or appropriate next of kin
  631  of the victim or other designated contact complete a victim
  632  notification card. However, the victim or appropriate next of
  633  kin of the victim or other designated contact may choose not to
  634  complete the victim notification card.
  635         2. Unless the victim or the appropriate next of kin of the
  636  victim or other designated contact waives the option to complete
  637  the victim notification card, a copy of the victim notification
  638  card must be filed with the incident report or warrant in the
  639  sheriff’s office of the jurisdiction in which the incident
  640  report or warrant originated. The notification card shall, at a
  641  minimum, consist of:
  642         a. The name, address, and phone number of the victim; or
  643         b. The name, address, and phone number of the appropriate
  644  next of kin of the victim; or
  645         c. The name, address, and telephone number of a designated
  646  contact other than the victim or appropriate next of kin of the
  647  victim; and
  648         d. Any relevant identification or case numbers assigned to
  649  the case.
  650  
  651  The victim notification card is confidential unless the court,
  652  upon a motion, makes all or part of the information on the card
  653  available to the defense.
  654         3. The chief administrator, or a person designated by the
  655  chief administrator, of a county jail, municipal jail, juvenile
  656  detention facility, or residential commitment facility shall
  657  make a reasonable attempt to notify the alleged victim or
  658  appropriate next of kin of the alleged victim or other
  659  designated contact within 4 hours following the release of the
  660  defendant on bail or, in the case of a juvenile offender, upon
  661  the release from residential detention or commitment. If the
  662  chief administrator, or designee, is unable to contact the
  663  alleged victim or appropriate next of kin of the alleged victim
  664  or other designated contact by telephone, the chief
  665  administrator, or designee, must send to the alleged victim or
  666  appropriate next of kin of the alleged victim or other
  667  designated contact a written notification of the defendant’s
  668  release.
  669         4. Unless otherwise requested by the victim or the
  670  appropriate next of kin of the victim or other designated
  671  contact, the information contained on the victim notification
  672  card must be sent by the chief administrator, or designee, of
  673  the appropriate facility to the subsequent correctional or
  674  residential commitment facility following the sentencing and
  675  incarceration of the defendant, and unless otherwise requested
  676  by the victim or the appropriate next of kin of the victim or
  677  other designated contact, he or she must be notified of the
  678  release of the defendant from incarceration as provided by law.
  679         5. If the defendant was arrested pursuant to a warrant
  680  issued or taken into custody pursuant to s. 985.101 in a
  681  jurisdiction other than the jurisdiction in which the defendant
  682  is being released, and the alleged victim or appropriate next of
  683  kin of the alleged victim or other designated contact does not
  684  waive the option for notification of release, the chief
  685  correctional officer or chief administrator of the facility
  686  releasing the defendant shall make a reasonable attempt to
  687  immediately notify the chief correctional officer of the
  688  jurisdiction in which the warrant was issued or the juvenile was
  689  taken into custody pursuant to s. 985.101, and the chief
  690  correctional officer of that jurisdiction shall make a
  691  reasonable attempt to notify the alleged victim or appropriate
  692  next of kin of the alleged victim or other designated contact,
  693  as provided in this paragraph, that the defendant has been or
  694  will be released.
  695         (c) Information concerning protection available to victim
  696  or witness.—A victim or witness shall be furnished, as a matter
  697  of course, with information on steps that are available to law
  698  enforcement officers and state attorneys to protect victims and
  699  witnesses from intimidation. Victims of domestic violence shall
  700  also be given information about the address confidentiality
  701  program provided under s. 741.403.
  702         (d) Notification of scheduling changes.—Each victim or
  703  witness who has been scheduled to attend a criminal or juvenile
  704  justice proceeding shall be notified as soon as possible by the
  705  agency scheduling his or her appearance of any change in
  706  scheduling which will affect his or her appearance.
  707         (e) Advance notification to victim or relative of victim
  708  concerning judicial proceedings; right to be present.—Any
  709  victim, parent, guardian, or lawful representative of a minor
  710  who is a victim, or relative of a homicide victim shall receive
  711  from the appropriate agency, at the address found in the police
  712  report or the victim notification card if such has been provided
  713  to the agency, prompt advance notification, unless the agency
  714  itself does not have advance notification, of judicial and
  715  postjudicial proceedings relating to his or her case, including
  716  all proceedings or hearings relating to:
  717         1. The arrest of an accused;
  718         2. The release of the accused pending judicial proceedings
  719  or any modification of release conditions; and
  720         3. Proceedings in the prosecution or petition for
  721  delinquency of the accused, including the filing of the
  722  accusatory instrument, the arraignment, disposition of the
  723  accusatory instrument, trial or adjudicatory hearing, sentencing
  724  or disposition hearing, appellate review, subsequent
  725  modification of sentence, collateral attack of a judgment, and,
  726  when a term of imprisonment, detention, or residential
  727  commitment is imposed, the release of the defendant or juvenile
  728  offender from such imprisonment, detention, or residential
  729  commitment by expiration of sentence or parole and any meeting
  730  held to consider such release.
  731  
  732  A victim, a victim’s parent or guardian if the victim is a
  733  minor, a lawful representative of the victim or of the victim’s
  734  parent or guardian if the victim is a minor, or a victim’s next
  735  of kin may not be excluded from any portion of any hearing,
  736  trial, or proceeding pertaining to the offense based solely on
  737  the fact that such person is subpoenaed to testify, unless, upon
  738  motion, the court determines such person’s presence to be
  739  prejudicial. The appropriate agency with respect to notification
  740  under subparagraph 1. is the arresting law enforcement agency,
  741  and the appropriate agency with respect to notification under
  742  subparagraphs 2. and 3. is the Attorney General or state
  743  attorney, unless the notification relates to a hearing
  744  concerning parole, in which case the appropriate agency is the
  745  Florida Commission on Offender Review. The Department of
  746  Corrections, the Department of Juvenile Justice, or the sheriff
  747  is the appropriate agency with respect to release by expiration
  748  of sentence or any other release program provided by law. A
  749  victim may waive notification at any time, and such waiver shall
  750  be noted in the agency’s files.
  751         (d)(f)Information concerning release from incarceration
  752  from a county jail, municipal jail, juvenile detention facility,
  753  or residential commitment facility.—The chief administrator, or
  754  a person designated by the chief administrator, of a county
  755  jail, municipal jail, juvenile detention facility, or
  756  residential commitment facility shall, upon the request of the
  757  victim or the appropriate next of kin of a victim or other
  758  designated contact of the victim of any of the crimes specified
  759  in paragraph (b), make a reasonable attempt to notify the victim
  760  or appropriate next of kin of the victim or other designated
  761  contact before the defendant’s or offender’s release from
  762  incarceration, detention, or residential commitment if the
  763  victim notification card has been provided pursuant to paragraph
  764  (b). If prior notification is not successful, a reasonable
  765  attempt must be made to notify the victim or appropriate next of
  766  kin of the victim or other designated contact within 4 hours
  767  following the release of the defendant or offender from
  768  incarceration, detention, or residential commitment. If the
  769  defendant is released following sentencing, disposition, or
  770  furlough, the chief administrator or designee shall make a
  771  reasonable attempt to notify the victim or the appropriate next
  772  of kin of the victim or other designated contact within 4 hours
  773  following the release of the defendant. If the chief
  774  administrator or designee is unable to contact the victim or
  775  appropriate next of kin of the victim or other designated
  776  contact by telephone, the chief administrator or designee must
  777  send to the victim or appropriate next of kin of the victim or
  778  other designated contact a written notification of the
  779  defendant’s or offender’s release.
  780         (g) Consultation with victim or guardian or family of
  781  victim.
  782         1. In addition to being notified of s. 921.143, the victim
  783  of a felony involving physical or emotional injury or trauma or,
  784  in a case in which the victim is a minor child or in a homicide,
  785  the guardian or family of the victim shall be consulted by the
  786  state attorney in order to obtain the views of the victim or
  787  family about the disposition of any criminal or juvenile case
  788  brought as a result of such crime, including the views of the
  789  victim or family about:
  790         a. The release of the accused pending judicial proceedings;
  791         b. Plea agreements;
  792         c. Participation in pretrial diversion programs; and
  793         d. Sentencing of the accused.
  794         2. Upon request, the state attorney shall permit the
  795  victim, the victim’s parent or guardian if the victim is a
  796  minor, the lawful representative of the victim or of the
  797  victim’s parent or guardian if the victim is a minor, or the
  798  victim’s next of kin in the case of a homicide to review a copy
  799  of the presentence investigation report before the sentencing
  800  hearing if one was completed. Any confidential information that
  801  pertains to medical history, mental health, or substance abuse
  802  and any information that pertains to any other victim shall be
  803  redacted from the copy of the report. Any person who reviews the
  804  report pursuant to this paragraph must maintain the
  805  confidentiality of the report and may not disclose its contents
  806  to any person except statements made to the state attorney or
  807  the court.
  808         3. If an inmate has been approved for community work
  809  release, the Department of Corrections shall, upon request and
  810  as provided in s. 944.605, notify the victim, the victim’s
  811  parent or guardian if the victim is a minor, the lawful
  812  representative of the victim or of the victim’s parent or
  813  guardian if the victim is a minor, or the victim’s next of kin
  814  if the victim is a homicide victim.
  815         (h) Return of property to victim.—Law enforcement agencies
  816  and the state attorney shall promptly return a victim’s property
  817  held for evidentiary purposes unless there is a compelling law
  818  enforcement reason for retaining it. The trial or juvenile court
  819  exercising jurisdiction over the criminal or juvenile proceeding
  820  may enter appropriate orders to implement this subsection,
  821  including allowing photographs of the victim’s property to be
  822  used as evidence at the criminal trial or the juvenile
  823  proceeding in place of the victim’s property if no substantial
  824  evidentiary issue related thereto is in dispute.
  825         (e)(i)Notification to employer and explanation to
  826  creditors of victim or witness.—A victim or witness who so
  827  requests shall be assisted by law enforcement agencies and the
  828  state attorney in informing his or her employer that the need
  829  for victim and witness cooperation in the prosecution of the
  830  case may necessitate the absence of that victim or witness from
  831  work. A victim or witness who, as a direct result of a crime or
  832  of his or her cooperation with law enforcement agencies or a
  833  state attorney, is subjected to serious financial strain shall
  834  be assisted by such agencies and state attorney in explaining to
  835  the creditors of such victim or witness the reason for such
  836  serious financial strain.
  837         (j) Notification of right to request restitution.—Law
  838  enforcement agencies and the state attorney shall inform the
  839  victim of the victim’s right to request and receive restitution
  840  pursuant to s. 775.089 or s. 985.437, and of the victim’s rights
  841  of enforcement under ss. 775.089(6) and 985.0301 in the event an
  842  offender does not comply with a restitution order. The state
  843  attorney shall seek the assistance of the victim in the
  844  documentation of the victim’s losses for the purpose of
  845  requesting and receiving restitution. In addition, the state
  846  attorney shall inform the victim if and when restitution is
  847  ordered. If an order of restitution is converted to a civil lien
  848  or civil judgment against the defendant, the clerks shall make
  849  available at their office, as well as on their website,
  850  information provided by the Secretary of State, the court, or
  851  The Florida Bar on enforcing the civil lien or judgment.
  852         (k) Notification of right to submit impact statement.—The
  853  state attorney shall inform the victim of the victim’s right to
  854  submit an oral or written impact statement pursuant to s.
  855  921.143 and shall assist in the preparation of such statement if
  856  necessary.
  857         (f)(l)Local witness coordination services.—The
  858  requirements for notification provided for in paragraphs (c) and
  859  (e), (d), and (i) may be performed by the state attorney or
  860  public defender for their own witnesses.
  861         (g)(m)Victim assistance education and training.—Victim
  862  assistance education and training shall be offered to persons
  863  taking courses at law enforcement training facilities and to
  864  state attorneys and assistant state attorneys so that victims
  865  may be promptly, properly, and completely assisted.
  866         (h)(n)General victim assistance.—Victims and witnesses
  867  shall be provided with such other assistance, such as
  868  transportation, parking, separate pretrial waiting areas, and
  869  translator services in attending court, as is practicable.
  870         (i)(o)Victim Victim’s rights information card or
  871  brochure.—A victim of a crime shall be provided with a victim
  872  victim’s rights information card or brochure containing
  873  essential information concerning the rights of a victim and
  874  services available to a victim as required by state law.
  875         (j)(p)Information concerning escape from a state
  876  correctional institution, county jail, juvenile detention
  877  facility, or residential commitment facility.—In any case where
  878  an offender escapes from a state correctional institution,
  879  private correctional facility, county jail, juvenile detention
  880  facility, or residential commitment facility, the institution of
  881  confinement shall immediately notify the state attorney of the
  882  jurisdiction where the criminal charge or petition for
  883  delinquency arose and the judge who imposed the sentence of
  884  incarceration. The state attorney shall thereupon make every
  885  effort to notify the victim, material witness, parents or legal
  886  guardian of a minor who is a victim or witness, or immediate
  887  relatives of a homicide victim of the escapee. The state
  888  attorney shall also notify the sheriff of the county where the
  889  criminal charge or petition for delinquency arose. The sheriff
  890  shall offer assistance upon request. When an escaped offender is
  891  subsequently captured or is captured and returned to the
  892  institution of confinement, the institution of confinement shall
  893  again immediately notify the appropriate state attorney and
  894  sentencing judge pursuant to this section.
  895         (k)(q)Presence of victim advocate during discovery
  896  deposition; testimony of victim of a sexual offense.—At the
  897  request of the victim or the victim’s parent, guardian, or
  898  lawful representative, the victim advocate designated by the
  899  state attorney’s office, sheriff’s office, or municipal police
  900  department, or one representative from a not-for-profit victim
  901  services organization, including, but not limited to, rape
  902  crisis centers, domestic violence advocacy groups, and alcohol
  903  abuse or substance abuse groups, and the victim’s support person
  904  shall be permitted to attend and be present during any
  905  deposition of the victim. The victim of a sexual offense shall
  906  be informed of the right to have the courtroom cleared of
  907  certain persons as provided in s. 918.16 when the victim is
  908  testifying concerning that offense.
  909         (l)(r)Implementing crime prevention in order to protect
  910  the safety of persons and property, as prescribed in the State
  911  Comprehensive Plan.—By preventing crimes that create victims or
  912  further harm former victims, crime prevention efforts are an
  913  essential part of providing effective service for victims and
  914  witnesses. Therefore, the agencies identified in this subsection
  915  may participate in and expend funds for crime prevention, public
  916  awareness, public participation, and educational activities
  917  directly relating to, and in furtherance of, existing public
  918  safety statutes. Furthermore, funds may not be expended for the
  919  purpose of influencing public opinion on public policy issues
  920  that have not been resolved by the Legislature or the
  921  electorate.
  922         (m)(s)Attendance of victim at same school as defendant.—If
  923  the victim of an offense committed by a juvenile is a minor, the
  924  Department of Juvenile Justice shall request information to
  925  determine if the victim, or any sibling of the victim, attends
  926  or is eligible to attend the same school as the offender.
  927  However, if the offender is subject to a presentence
  928  investigation by the Department of Corrections, the Department
  929  of Corrections shall make such request. If the victim or any
  930  sibling of the victim attends or is eligible to attend the same
  931  school as that of the offender, the appropriate agency shall
  932  notify the victim’s parent or legal guardian of the right to
  933  attend the sentencing or disposition of the offender and request
  934  that the offender be required to attend a different school.
  935         (n)(t)Use of a polygraph examination or other truth
  936  telling device with victim.—A law enforcement officer,
  937  prosecuting attorney, or other government official may not ask
  938  or require an adult, youth, or child victim of an alleged sexual
  939  battery as defined in chapter 794 or other sexual offense to
  940  submit to a polygraph examination or other truth-telling device
  941  as a condition of proceeding with the investigation of such an
  942  offense. The refusal of a victim to submit to such an
  943  examination does not prevent the investigation, charging, or
  944  prosecution of the offense.
  945         (o)(u)Presence of support person or victim advocates
  946  during forensic medical examination.—At the request of the
  947  victim or the victim’s parent, guardian, or lawful
  948  representative, the victim’s support person or a victim advocate
  949  from a certified rape crisis center, or both, shall be permitted
  950  to attend any forensic medical examination.
  951         (2) The secretary of the Department of Juvenile Justice,
  952  and sheriff, chief administrator, or any of their respective
  953  designees, who acts in good faith in making a reasonable attempt
  954  to comply with the provisions of this section with respect to
  955  timely victim notification, shall be immune from civil or
  956  criminal liability for an inability to timely notify the victim
  957  or appropriate next of kin of the victim or other designated
  958  contact of such information. A good faith effort shall be
  959  evidenced by a log entry noting that an attempt was made to
  960  notify the victim within the time period specified by this
  961  section.
  962         (3)(a) A copy of the guidelines and an implementation plan
  963  adopted by each agency which must be published and posted on the
  964  agency’s website must also shall be filed with the Governor, and
  965  subsequent changes or amendments thereto shall be likewise filed
  966  when adopted.
  967         (b) A copy of a budget request prepared pursuant to chapter
  968  216 shall also be filed for the sole purpose of carrying out the
  969  activities and services outlined in the guidelines.
  970         (c) The Governor shall advise state agencies of any
  971  statutory changes which require an amendment to their
  972  guidelines.
  973         (d) The Executive Office of the Governor shall review the
  974  guidelines submitted pursuant to this section:
  975         1. To determine whether all affected agencies have
  976  developed guidelines which address all appropriate aspects of
  977  this section;
  978         2. To encourage consistency in the guidelines and plans in
  979  their implementation in each judicial circuit and throughout the
  980  state; and
  981         3. To determine when an agency needs to amend or modify its
  982  existing guidelines.
  983         (e) The Executive Office of the Governor shall issue an
  984  annual report detailing each agency’s compliance or
  985  noncompliance with its duties as provided under this section. In
  986  addition, the Governor may apply to the circuit court of the
  987  county where the headquarters of such agency is located for
  988  injunctive relief against any agency which has failed to comply
  989  with any of the requirements of this section, which has failed
  990  to file the guidelines, or which has filed guidelines in
  991  violation of this section, to compel compliance with this
  992  section.
  993         (4) The state attorney and one or more of the law
  994  enforcement agencies within each judicial circuit may develop
  995  and file joint agency guidelines, as required by this section,
  996  which allocate the statutory duties among the participating
  997  agencies. Responsibility for successful execution of the entire
  998  guidelines lies with all parties.
  999         (5) Nothing in This section and or in the guidelines
 1000  adopted pursuant to it may not this section shall be construed
 1001  as creating a cause of action against the state or any of its
 1002  agencies or political subdivisions.
 1003         (6) Victims and witnesses who are not incarcerated may
 1004  shall not be required to attend discovery depositions in any
 1005  correctional facility.
 1006         (7) The victim of a crime, the victim’s parent or guardian
 1007  if the victim is a minor, and the state attorney, with the
 1008  consent of the victim or the victim’s parent or guardian if the
 1009  victim is a minor, have standing to assert the rights of a crime
 1010  victim which are provided by law or s. 16(b), Art. I of the
 1011  State Constitution.
 1012         (8) For the purposes of this section, a law enforcement
 1013  agency or the office of the state attorney may release any
 1014  information deemed relevant to adequately inform the victim if
 1015  the offense was committed by a juvenile. Information gained by
 1016  the victim pursuant to this chapter, including the next of kin
 1017  of a homicide victim, regarding any case handled in juvenile
 1018  court, must not be revealed to any outside party, except as is
 1019  reasonably necessary in pursuit of legal remedies.
 1020         (8)(9) As used in this section, the term “chief
 1021  administrator” includes the appropriate chief correctional
 1022  officers of a county jail or municipal jail, and the appropriate
 1023  chief administrator of a juvenile detention facility or
 1024  residential commitment facility.
 1025         Section 7. Section 960.0015, Florida Statutes, is
 1026  renumbered as section 960.0018, Florida Statutes, and amended to
 1027  read:
 1028         960.0018 960.0015 Victim’s right to a prompt and final
 1029  conclusion of case and related proceedings; reporting
 1030  requirements speedy trial; speedy trial demand by the state
 1031  attorney.—
 1032         (1) Section 16(b)(10), Art. I. of the State Constitution
 1033  ensures for victims the right to a prompt and final conclusion
 1034  of a criminal case and related proceedings, thus minimizing the
 1035  period during which the victim must endure the hardships and
 1036  responsibilities resulting from participation in a criminal
 1037  proceeding, including the stress, cost, and inconvenience of
 1038  such participation. To protect and enforce this right to a
 1039  prompt and final conclusion of the case and any related
 1040  postjudgment proceedings, delays must be limited to only those
 1041  necessary to protect the due process rights of the parties.
 1042  Delays must be monitored and documented in order to provide
 1043  accountability and transparency to the public, victims, and
 1044  policymakers.
 1045         (2) At the trial court level, the state attorney may file a
 1046  good faith demand for a speedy trial, attesting that the state
 1047  attorney believes the case is ready to proceed to trial.
 1048         (a) Once the demand is filed, the trial court shall notice,
 1049  schedule, and hold a hearing on the demand within 15 days after
 1050  the filing of the demand.
 1051         (b) At the hearing, the trial court shall:
 1052         1. Schedule a trial to commence on a date at least 5 days
 1053  but no more than 60 days after the date of the hearing, unless
 1054  the state and the defense agree to a date outside of these time
 1055  parameters; or
 1056         2. Deny the state attorney’s demand for speedy trial by
 1057  entering a written order with specific findings of fact
 1058  justifying a trial date more than 60 days after the hearing.
 1059         (3) At the appellate court level, s. 16(b)(10)b., Art. I of
 1060  the State Constitution establishes the goal that all appeals
 1061  from a final judgment and sentence, including any collateral
 1062  attacks on the final judgment and sentence, be complete within 2
 1063  years after the date of appeal in noncapital cases and within 5
 1064  years after the date of appeal in capital cases. Based on the
 1065  State Constitution, the following reporting requirements are
 1066  established:
 1067         (a) Notice of delay.—If an appeal or a collateral attack is
 1068  not final within 2 years for a noncapital case or within 5 years
 1069  in a capital case, the chief judge of a district court of appeal
 1070  or the Chief Justice of the Supreme Court must enter a notice of
 1071  delay in the case, setting forth the date of filing the appeal,
 1072  the type of appeal, and the reason or reasons for the failure to
 1073  meet the time goals specified in this subsection. The notice of
 1074  delay must be filed within 30 days after the applicable time has
 1075  expired and must be served on the state attorney, the defendant
 1076  and his or her attorney, and the victim if the victim requested
 1077  notice.
 1078         (b) Aging report.—
 1079         1.Beginning on January 31, 2020, and by each January 31
 1080  thereafter, the chief judge of a district court of appeal and
 1081  the Chief Justice of the Supreme Court shall issue an aging
 1082  report on a case-by-case basis to the President of the Senate
 1083  and the Speaker of the House of Representatives listing all
 1084  cases in which the court:
 1085         a. Previously entered a notice of aging, or cases where the
 1086  notice of appeal was filed before December 31, 2016, for
 1087  noncapital cases or December 31, 2013, for capital cases; and
 1088         b. Where the case remains pending as of the January 31
 1089  reporting date.
 1090         2. The aging report must include the filing date of the
 1091  pending appeal, the reason or reasons the chief judge or the
 1092  chief justice determined to have caused the delay, and any
 1093  suggested actions the Legislature might take to address the
 1094  reasons for the delay, thus helping achieve the time goals
 1095  specified in this subsection.
 1096         3. Any case that appears in an aging report which also
 1097  appeared on the previous January’s aging report must include an
 1098  itemization of all judicial actions taken on the case during the
 1099  previous year and a notation made of any measurable progress on
 1100  the case during that time.
 1101         4. If the Attorney General, the applicable office of the
 1102  public defender, or any other government entity is listed as a
 1103  cause of, or a contributor to, the delay, that entity shall have
 1104  30 days after a district court of appeals or the Florida Supreme
 1105  Court files an aging report to file a response to the report
 1106  providing any information such entity deems beneficial. A copy
 1107  of the response must be served on the President of the Senate
 1108  and the Speaker of the House of Representatives.
 1109         (1) The state attorney may file a demand for a speedy trial
 1110  if the state has met its obligations under the rules of
 1111  discovery, the charge is a felony or misdemeanor, the court has
 1112  granted at least three continuances upon the request of the
 1113  defendant over the objection of the state attorney, and:
 1114         (a) If a felony case, it is not resolved within 125 days
 1115  after the date that formal charges are filed and the defendant
 1116  is arrested or the date that notice to appear in lieu of arrest
 1117  is served upon the defendant; or
 1118         (b) If a misdemeanor case, it is not resolved within 45
 1119  days after the date that formal charges are filed and the
 1120  defendant is arrested or the date that notice to appear in lieu
 1121  of arrest is served upon the defendant.
 1122         (2) Upon the filing of a demand for a speedy trial, the
 1123  trial court shall schedule a calendar call within 5 days, at
 1124  which time the court shall schedule the trial to commence no
 1125  sooner than 5 days or later than 45 days following the date of
 1126  the calendar call. The court may, however, grant whatever
 1127  further extension may be required to prevent deprivation of the
 1128  defendant’s right to due process.
 1129         (3)(a) The trial court may postpone the trial date for up
 1130  to 30 additional days upon a showing by the defendant that a
 1131  necessary witness who was properly served failed to attend the
 1132  deposition and also failed to attend a subsequently scheduled
 1133  deposition following a court order to appear. The court may,
 1134  however, grant whatever further extension may be required to
 1135  prevent deprivation of the defendant’s right to due process.
 1136         (b) The trial court may also postpone the trial date for no
 1137  fewer than 30 days but no more than 70 days if the court grants
 1138  a motion by counsel to withdraw and the court appoints other
 1139  counsel. The court may, however, grant whatever further
 1140  extension may be required to prevent deprivation of the
 1141  defendant’s right to due process.
 1142         Section 8. Section 960.0021, Florida Statutes, is amended
 1143  to read:
 1144         960.0021 Legislative intent; advisement to victims.—
 1145         (1) The Legislature finds that in order to ensure that
 1146  crime victims can effectively understand and exercise their
 1147  rights under s. 16, Art. I of the State Constitution, and to
 1148  promote law enforcement that considers the interests of crime
 1149  victims, victims must be properly advised in the courts of this
 1150  state.
 1151         (2) The courts may fulfill their obligation to advise crime
 1152  victims by:
 1153         (a) Making the following announcement at any arraignment,
 1154  sentencing, or case-management proceeding:
 1155  
 1156         “If you are the victim of a crime with a case pending
 1157         before this court, you are advised that you have the
 1158         right:
 1159         1. To be informed.
 1160         2. To be present.
 1161         3. To be heard, when relevant, at all crucial
 1162         stages of criminal court proceedings to the extent
 1163         that these rights do not interfere with the
 1164         constitutional rights of the accused.
 1165         4. To receive advance notification, when
 1166         possible, of judicial proceedings and notification of
 1167         scheduling changes, pursuant to section 960.0017
 1168         960.001, Florida Statutes.
 1169         5. To seek crimes compensation and restitution.
 1170         6. To consult with the state attorney’s office in
 1171         certain felony cases regarding the disposition of the
 1172         case.
 1173         7. To make an oral or written victim impact
 1174         statement at the time of sentencing of a defendant.
 1175  
 1176         For further information regarding additional rights
 1177         afforded to victims of crime, you may contact the
 1178         state attorney’s office or obtain a listing of your
 1179         rights from the Clerk of Court.”
 1180         ; or
 1181         (b) Displaying prominently on the courtroom doors posters
 1182  giving notification of the existence and general provisions of
 1183  this chapter. The Office of the Attorney General Department of
 1184  Legal Affairs shall provide the courts with the posters
 1185  specified by this paragraph.
 1186         (3) The chief judge of a circuit court administrator shall
 1187  coordinate efforts to ensure that victim rights information, as
 1188  established in s. 16(b), Art. I of the State Constitution s.
 1189  960.001(1)(o), is provided to the clerk of the court.
 1190         (4) This section is only for the benefit of crime victims.
 1191  Accordingly, a failure to comply with this section shall not
 1192  affect the validity of any hearing, conviction, or sentence.
 1193         Section 9. Paragraph (b) of subsection (1) of section
 1194  945.10, Florida Statutes, is amended to read:
 1195         945.10 Confidential information.—
 1196         (1) Except as otherwise provided by law or in this section,
 1197  the following records and information held by the Department of
 1198  Corrections are confidential and exempt from the provisions of
 1199  s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
 1200         (b) Preplea, pretrial intervention, and presentence or
 1201  postsentence investigative records, except as provided in s.
 1202  960.001(1)(g).
 1203         Section 10. Section 958.07, Florida Statutes, is amended to
 1204  read:
 1205         958.07 Presentence report; access by defendant.—The
 1206  defendant is entitled to an opportunity to present to the court
 1207  facts which would materially affect the decision of the court to
 1208  adjudicate the defendant a youthful offender. The defendant, his
 1209  or her attorney, and the state shall be entitled to inspect all
 1210  factual material contained in the comprehensive presentence
 1211  report or diagnostic reports prepared or received by the
 1212  department. The victim, the victim’s parent or guardian if the
 1213  victim is a minor, the lawful representative of the victim or of
 1214  the victim’s parent or guardian if the victim is a minor, or the
 1215  victim’s next of kin in the case of a homicide may review the
 1216  presentence investigation report as provided in s.
 1217  960.001(1)(g)2. The court may withhold from disclosure to the
 1218  defendant and his or her attorney sources of information which
 1219  have been obtained through a promise of confidentiality. In all
 1220  cases in which parts of the report are not disclosed, the court
 1221  shall state for the record the reasons for its action and shall
 1222  inform the defendant and his or her attorney that information
 1223  has not been disclosed.
 1224         Section 11. This act shall take effect July 1, 2019.

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