This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0697c.JUA
DATE: 1/18/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 697 Victims of Crimes
SPONSOR(S): Burton
TIED BILLS: IDEN./SIM. BILLS: SB 1012
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice & Public Safety Subcommittee 16 Y, 0 N Padgett Hall
2) Justice Appropriations Subcommittee 13 Y, 0 N Saag Keith
3) Judiciary Committee
SUMMARY ANALYSIS
A crime victim has specific rights that are enumerated in both the Florida Constitution and in statute. Among
these rights, article I, section 16(b)(11) of the Florida Constitution provides that a crime victim has the right to:
Be informed of his or her constitutional rights as a crime victim, and
Seek the advice of an attorney to assist in enforcing such rights.
Section 960.001, F.S., provides a list of rights for victims and witnesses in the criminal justice system. In order
to inform a victim about his or her rights, s. 960.001(1)(a), F.S., requires the state attorney and public defender
in each circuit to gather specified information relating to victim services, victims’ rights, and the criminal justice
system within their jurisdiction including:
The availability of crime victim compensation;
Crisis intervention services, supportive or bereavement counseling, social service support referrals, and
community-based victim treatment programs;
The role of the victim in the criminal or juvenile justice process;
The stages in the criminal or juvenile justice process which are of significance to the victim;
The right of a victim to be informed, to be present, and to be heard at all crucial stages of a criminal or
juvenile proceeding;
In the case of incarcerated victims, the right to be informed and to submit written statements at all
crucial stages of the criminal proceedings, parole proceedings, or juvenile proceedings; and
The right of a victim to a prompt and timely disposition of the case.
The information collected must be provided to each law enforcement agency within the circuit. The law
enforcement agency must provide such information to a victim at the earliest possible time following the
commission of a crime, generally through a victims’ rights information card or brochure.
HB 697 amends s. 960.001, F.S., to require a law enforcement agency to inform a victim of the right to employ
private counsel. The bill also encourages the Florida Bar to develop a registry of attorneys who are willing to
provide legal counsel to victims pro bono.
The Florida Constitution requires a crime victim to be notified of his or her right to retain private counsel. Since
the bill codifies an existing constitutional requirement, law enforcement agencies already providing such
information should not incur any additional costs in updating victim information materials.
The bill provides an effective date of July 1, 2022. STORAGE NAME: h0697c.JUA PAGE: 2
DATE: 1/18/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Victims’ Rights
Florida Constitution
In 1988, voters approved an amendment to the Florida Constitution granting crime victims the right to
be informed, to be present, and to be heard at all crucial stages of criminal proceedings, to the extent
such rights do not interfere with the constitutional rights of the accused.
1
The 2017-2018 Constitution
Revision Commission (CRC) proposed an amendment to expand the rights of crime victims under the
state constitution.
2
Voters approved the CRC-proposed amendment on November 6, 2018.
3
Article I, section 16 of the Florida Constitution provides the following rights to a crime victim:
4
The right to due process and to be treated with fairness and respect for the victim's dignity.
The right to be free from intimidation, harassment, and abuse.
The right, within the judicial process, to be reasonably protected from the accused and any
person acting on behalf of the accused.
The right to have the safety and welfare of the victim and the victim's family considered when
setting bail, including setting pretrial release conditions that protect the safety and welfare of
the victim and the victim's family.
The right to prevent the disclosure of information or records that could be used to locate or
harass the victim or the victim's family, or which could disclose confidential or privileged
information of the victim.
The right to the prompt return of the victim's property when no longer needed as evidence in the
case.
The right to full and timely restitution in every case and from each convicted offender for all
losses suffered, both directly and indirectly, by the victim as a result of the criminal conduct.
The right to proceedings free from unreasonable delay, and to a prompt and final conclusion of
the case and any related postjudgment proceedings.
The right to be informed of these rights, and to be informed that victims can seek the advice of
an attorney with respect to their rights.
The following rights are provided to a crime victim at his or her request:
The right to reasonable, accurate, and timely notice of, and to be present at, all public
proceedings involving the criminal conduct, including, but not limited to, trial, plea, sentencing,
or adjudication, even if the victim will be a witness at the proceeding, notwithstanding any rule to
the contrary.
The right to reasonable, accurate, and timely notice of any release or escape of the defendant
or delinquent, and any proceeding during which a right of the victim is implicated.
1
Florida Division of Elections, Rights of Victims of Crime,
https://dos.elections.myflorida.com/initiatives/initdetail.asp?account=10&seqnum=47 (last visited Jan 12, 2022).
2
The CRC proposal is commonly referred to as “Marsy’s Law.” 2017-2018 Constitution Revision Commission, P 6001: Rights of Crime
Victims; Judges, http://library.law.fsu.edu/Digital-Collections/CRC/CRC-2018/Proposals/Commissioner/2017/6001.html?Tab=BillText
(last visited Jan. 12, 2022).
3
Florida Division of Elections, Rights of Crime Victims; Judges,
https://dos.elections.myflorida.com/initiatives/initdetail.asp?account=11&seqnum=20 (last visited Jan. 12, 2022).
4
“Victim” means a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or
attempted commission of a crime or delinquent act or against whom the crime or delinquent act is committed. The term “victim” includes
the victim's lawful representative, the parent or guardian of a minor, or the next of kin of a homicide victim, except upon a showing that
the interest of such individual would be in actual or potential conflict with the interests of the victim. The term “victim” does not include
the accused. Art. I, s. 16(e), Fla. Const. STORAGE NAME: h0697c.JUA PAGE: 3
DATE: 1/18/2022
The right to be heard in any public proceeding involving pretrial or other release from any form
of legal constraint, plea, sentencing, adjudication, or parole, and any proceeding during which a
right of the victim is implicated.
The right to confer with the prosecuting attorney concerning any plea agreements, participation
in pretrial diversion programs, release, restitution, sentencing, or any other disposition of the
case.
The right to provide information regarding the impact of the offender's conduct on the victim and
the victim's family to the individual responsible for conducting any presentence investigation or
compiling any presentence investigation report, and to have any such information considered in
any sentencing recommendations submitted to the court.
The right to receive a copy of any presentence report, and any other report or record relevant to
the exercise of a victim's right, except for such portions made confidential or exempt by law.
The right to be informed of the conviction, sentence, adjudication, place and time of
incarceration, or other disposition of the convicted offender, any scheduled release date of the
offender, and the release of or the escape of the offender from custody.
The right to be informed of all postconviction processes and procedures, to participate in such
processes and procedures, to provide information to the release authority to be considered
before any release decision is made, and to be notified of any release decision regarding the
offender.
The right to be informed of clemency and expungement procedures, to provide information to
the governor, the court, any clemency board, and other authority in these procedures, and to
have that information considered before a clemency or expungement decision is made; and to
be notified of such decision in advance of any release of the offender.
5
A crime victim is required to be notified of his or her rights provided under the Florida Constitution “in
the form of a card or by other means intended to effectively advise the victim of their rights….”
6
A victim, the victim’s attorney, a lawful representative of the victim, or the state attorney may assert and
seek enforcement of a victim’s rights in any trial or appellate court, or before any other authority with
jurisdiction over the case.
7
A court or other authority with jurisdiction must act promptly on such a
request, and afford a remedy for the violation of any right.
8
Florida Statutes
Section 960.001, F.S., provides a list of rights for victims and witnesses in the criminal justice system.
In order to inform a victim about his or her rights, s. 960.001(1)(a), F.S., requires the state attorney and
public defender in each circuit to gather specified information relating to victim services, victims’ rights,
and the criminal justice system within their jurisdiction including:
The availability of crime victim compensation;
Crisis intervention services, supportive or bereavement counseling, social service support
referrals, and community-based victim treatment programs;
The role of the victim in the criminal or juvenile justice process, including what the victim may
expect from the system as well as what the system expects from the victim;
The stages in the criminal or juvenile justice process which are of significance to the victim and
the manner in which information about such stages can be obtained;
The right of a victim, who is not incarcerated, including the victim's parent or guardian if the
victim is a minor, the lawful representative of the victim or of the victim's parent or guardian if the
victim is a minor, and the next of kin of a homicide victim, to be informed, to be present, and to
be heard when relevant, at all crucial stages of a criminal or juvenile proceeding, to the extent
that this right does not interfere with the constitutional rights of the accused;
In the case of incarcerated victims, the right to be informed and to submit written statements at
all crucial stages of the criminal proceedings, parole proceedings, or juvenile proceedings; and
5
Art I, s. 16(b)(6), Fla. Const.
6
Art. I, s. 16(b)(11), Fla. Const.
7
Art. I, s. 16(c), Fla. Const.
8
Id. STORAGE NAME: h0697c.JUA PAGE: 4
DATE: 1/18/2022
The right of a victim to a prompt and timely disposition of the case in order to minimize the
period during which the victim must endure the responsibilities and stress involved to the extent
that this right does not interfere with the constitutional rights of the accused.
The state attorney and public defender must provide the information collected to each law enforcement
agency within the circuit.
9
The law enforcement agency must provide such information to a victim at the
earliest possible time following the commission of a crime through distribution of a victims’ rights
information card or brochure.
10
The Florida Bar
The Florida Bar (Bar) is the organization of all lawyers who are licensed by the Supreme Court of
Florida to practice law in the state.
11
The Bar operates a general lawyer referral service, as well as a
referral service providing legal advice for low fees in the areas of disability and elder law.
12
The Bar
does not appear to maintain a statewide registry of attorneys that provide pro bono legal services.
Effect of Proposed Changes
HB 697 amends s. 960.001, F.S., to require a law enforcement agency to inform a victim through
distribution of an information card or brochure of the right to employ private counsel, mirroring the same
right granted to a crime victim under article I, section 16(b)(11) of the Florida Constitution. The bill also
encourages, but does not require, the Florida Bar to develop a registry of attorneys who are willing to
provide legal counsel to crime victims pro bono.
The bill provides an effective date of July 1, 2022.
B. SECTION DIRECTORY:
Section 1: Amends s. 960.001, F.S., relating to guidelines for fair treatment of victims and witnesses in
the criminal justice and juvenile justice systems.
Section 2: Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
9
S. 960.001(1)(a), F.S.
10
Id.
11
The Florida Bar, Frequently Asked Questions, https://www.floridabar.org/about/faq/ (last visited Jan. 12, 2022).
12
The Florida Bar, What We Do, https://www.floridabar.org/about/faq/what-we-do/#Findingyoualawyer (last visited Jan. 12, 2022). STORAGE NAME: h0697c.JUA PAGE: 5
DATE: 1/18/2022
None.
D. FISCAL COMMENTS:
The Florida Constitution has required a crime victim to be notified of his or her right to retain private
counsel since the CRC amendment to article I, section 16 went into effect on January 8, 2019. Since
the bill codifies an existing constitutional requirement, law enforcement agencies already providing such
information should not incur any additional costs in updating victim information materials.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES