CS/HB 697 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to victims of crimes; amending s. 2
960.001, F.S.; providing, upon request, specified 3
rights to crime victims at all stages of a criminal or 4
juvenile proceeding; requiring law enforcement 5
personnel to ensure that victims are given information 6
about their right to employ private counsel; 7
encouraging The Florida Bar to develop a registry of 8
attorneys willing to serve as crime victim advocates 9
on a pro bono basis; amending ss. 960.0021 and 10
985.036, F.S.; conforming provisions to changes made 11
by the act; providing an effective date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. Paragraph (a) of subsection (1) of sect ion 16
960.001, Florida Statutes, is amended to read: 17
960.001 Guidelines for fair treatment of victims and 18
witnesses in the criminal justice and juvenile justice systems. — 19
(1) The Department of Legal Affairs, the state attorneys, 20
the Department of Correct ions, the Department of Juvenile 21
Justice, the Florida Commission on Offender Review, the State 22
Courts Administrator and circuit court administrators, the 23
Department of Law Enforcement, and every sheriff's department, 24
police department, or other law enforce ment agency as defined in 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
s. 943.10(4) shall develop and implement guidelines for the use 26
of their respective agencies, which guidelines are consistent 27
with the purposes of this act and s. 16(b), Art. I of the State 28
Constitution and are designed to impleme nt s. 16(b), Art. I of 29
the State Constitution and to achieve the following objectives: 30
(a) Information concerning services available to victims 31
of adult and juvenile crime. —As provided in s. 27.0065, state 32
attorneys and public defenders shall gather info rmation 33
regarding the following services in the geographic boundaries of 34
their respective circuits and shall provide such information to 35
each law enforcement agency with jurisdiction within such 36
geographic boundaries. Law enforcement personnel shall ensure , 37
through distribution of a victim's rights information card or 38
brochure at the crime scene, during the criminal investigation, 39
and in any other appropriate manner, that victims are given, as 40
a matter of course at the earliest possible time, information 41
about: 42
1. The availability of crime victim compensation, if 43
applicable; 44
2. Crisis intervention services, supportive or bereavement 45
counseling, social service support referrals, and community -46
based victim treatment programs; 47
3. The role of the victim in the criminal or juvenile 48
justice process, including what the victim may expect from the 49
system as well as what the system expects from the victim; 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
4. The stages in the criminal or juvenile justice process 51
which are of significance to the victim and the manner in which 52
information about such stages can be obtained; 53
5. The right of a victim, who is not incarcerated, 54
including the victim's parent or guardian if the victim is a 55
minor, the lawful representative of the victim or of the 56
victim's parent or gua rdian if the victim is a minor, and the 57
next of kin of a homicide victim, upon request, to be informed, 58
to be present, and to be heard when relevant, at all crucial 59
stages of a criminal or juvenile proceeding , to the extent that 60
this right does not interfe re with constitutional rights of the 61
accused, as provided by s. 16(b), Art. I of the State 62
Constitution; 63
6. In the case of incarcerated victims, the right , upon 64
request, to be informed and to submit written statements at all 65
crucial stages of the crimina l proceedings, parole proceedings, 66
or juvenile proceedings; and 67
7. The right of a victim to a prompt and timely 68
disposition of the case in order to minimize the period during 69
which the victim must endure the responsibilities and stress 70
involved to the extent that this right does not interfere with 71
the constitutional rights of the accused ; and 72
8. The right of a victim to employ private counsel. The 73
Florida Bar is encouraged to develop a registry of attorneys who 74
are willing to serve on a pro bono basis as advocates for crime 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
victims. 76
Section 2. Paragraph (a) of subsection (2) of section 77
960.0021, Florida Statutes, is amended to read: 78
960.0021 Legislative intent; advisement to victims. — 79
(2) The courts may fulfill their obligation to advise 80
crime victims by: 81
(a) Making the following announcement at any arraignment, 82
sentencing, or case-management proceeding: 83
84
"If you are the victim of a crime with a case pending before 85
this court, you are advised that you have the right , upon 86
request: 87
1. To be informed. 88
2. To be present. 89
3. To be heard, when relevant, at all crucial stages of 90
criminal proceedings to the extent that these rights do not 91
interfere with the constitutional rights of the accused . 92
4. To receive advance notification, when possible, of 93
judicial proceedings and notification of scheduling 94
changes, pursuant to section 960.001, Florida Statutes. 95
5. To seek crimes compensation and restitution. 96
6. To consult with the state attorney's office in certain 97
felony cases regarding the disposition of the case. 98
7. To make an oral or written victim impact statement at 99
the time of sentencing of a defendant. 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
For further information regarding additional rights afforded to 101
victims of crime, you may contact the state attorney's office or 102
obtain a listing of your rights from the Clerk of Court." 103
; or 104
Section 3. Paragraph (d) of subsection (1) of section 105
985.036, Florida Statutes, is amended to read: 106
985.036 Rights of victims; juvenile proceedings. — 107
(1) Nothing in this chapter prohibits: 108
(d) The next of kin if the victim is a homicide victim, 109
110
from the right, upon request, to be informed of, to be present 111
during, and to be heard when relevant at, all crucial stages of 112
the proceedings involving the juvenile offender , to the extent 113
that such rights do not interfere with the constitutional rights 114
of the juvenile offender . A person enumerated in this section 115
may not reveal to any outside party any confidential information 116
obtained under this subsection regarding a case involving a 117
juvenile offense, except as is reasonably necessary to pursue 118
legal remedies. 119
Section 4. This act sh all take effect July 1, 2022. 120