Florida Senate - 2022 CS for SB 772 By the Committee on Children, Families, and Elder Affairs; and Senators Diaz and Perry 586-01951A-22 2022772c1 1 A bill to be entitled 2 An act relating to the protection of victims and 3 witnesses; amending s. 92.55, F.S.; revising the 4 standard for orders to protect certain testifying 5 victims and witnesses; prohibiting depositions of 6 certain victims and witnesses in certain proceedings 7 without a showing of good cause; authorizing the court 8 to allow such depositions under certain circumstances; 9 revising factors to be considered by a court in a 10 motion seeking to protect a victim or witness; 11 revising provisions related to available relief; 12 requiring the court to appoint a guardian ad litem or 13 other advocate for the deponent under certain 14 circumstances; authorizing the court to request the 15 aid of an interpreter; requiring the court to make 16 specific findings of fact on the record for certain 17 orders and rulings; making technical changes; 18 requiring the University of South Florida, in 19 consultation with a specified organization, to develop 20 and submit a proposal to the Attorney General for the 21 creation of a unified statewide data repository for 22 anonymous human trafficking data; providing 23 requirements for the proposal; providing an effective 24 date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1.Section 92.55, Florida Statutes, is amended to 29 read: 30 92.55Judicial or other proceedings involving certain 31 victims and witnesses victim or witness under the age of 18, a 32 person who has an intellectual disability, or a sexual offense 33 victim or witness; special protections; use of therapy animals 34 or facility dogs. 35 (1)For purposes of this section, the term: 36 (a)Facility dog means a dog that has been trained, 37 evaluated, and certified as a facility dog pursuant to industry 38 standards and provides unobtrusive emotional support to children 39 and adults in facility settings. 40 (c)(a)Sexual offense victim or witness means a person 41 who was under the age of 18 when he or she was the victim of or 42 a witness to a sexual offense. 43 (b)Sexual offense means any offense specified in s. 44 775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I). 45 (d)Therapy animal means an animal that has been trained, 46 evaluated, and certified as a therapy animal pursuant to 47 industry standards by an organization that certifies animals as 48 appropriate to provide animal therapy. 49 (2)Upon motion of any party;, upon motion of a parent, 50 guardian, attorney, guardian ad litem, or other advocate 51 appointed by the court under s. 914.17 for a victim or witness 52 under the age of 18, a person who has an intellectual 53 disability, or a sexual offense victim or witness;, or upon its 54 own motion, the court may enter any order necessary to protect 55 the person victim or witness in any judicial proceeding or other 56 official proceeding from moderate severe emotional or mental 57 harm due to the presence of the defendant if the victim or 58 witness is required to testify in open court. Such orders must 59 relate to the taking of testimony and include, but are not 60 limited to: 61 (a)Interviewing or the taking of depositions as part of a 62 civil or criminal proceeding. 63 (b)Examination and cross-examination for the purpose of 64 qualifying as a witness or testifying in any proceeding. 65 (c)The use of testimony taken outside of the courtroom, 66 including proceedings under ss. 92.53 and 92.54. 67 (3)(a)Depositions are not allowed, except upon a showing 68 of good cause, of victims or witnesses younger than the age of 69 18, persons who have intellectual disabilities, or sexual 70 offense victims or witnesses in proceedings involving any of the 71 following: 72 1.Abuse, abandonment, or neglect of children under chapter 73 39. 74 2.Any offense constituting domestic violence as defined in 75 s. 741.28. 76 3.Murder under s. 782.04. 77 4.Manslaughter under s. 782.07. 78 5.Aggravated cyberstalking under s. 784.048. 79 6.Kidnapping under s. 787.01. 80 7.False imprisonment under s. 787.02. 81 8.Human trafficking under s. 787.06. 82 9.Sexual battery under s. 794.011. 83 10.Lewd or lascivious offenses under s. 825.1025. 84 11.Child abuse or neglect of a child under s. 827.03. 85 12.Use of a child in a sexual performance under s. 86 827.071. 87 13.Computer pornography under s. 847.0135 or the 88 transmission of pornography by electronic device or equipment 89 under s. 847.0137. 90 (b)Upon written motion and written findings that a 91 deposition is necessary to assist a trial, that the evidence 92 sought is not reasonably available by any other means, and that 93 the probative value of the testimony outweighs the potential 94 detriment to the person to be deposed, the court may authorize 95 the taking of a deposition and may order protections deemed 96 necessary, including those provided in this section. 97 (4)(3)In ruling upon a the motion filed under this 98 section, the court may shall consider: 99 (a)The age of the victim or witness. child, 100 (b)The nature of the offense or act., 101 (c)The complexity of the issues involved. 102 (d)The relationship of the victim or witness child to the 103 parties in the case or to the defendant in a criminal action., 104 (e)The degree of emotional or mental harm trauma that will 105 result to the child as a consequence of the examination, 106 interview, or testimony. defendants presence, and 107 (f)The functional capacity of the victim or witness if he 108 or she has an intellectual disability. 109 (g)The age of the sexual offense victim or witness when 110 the sexual offense occurred. 111 (h)Any other fact that the court deems relevant; 112 (b)The age of the person who has an intellectual 113 disability, the functional capacity of such person, the nature 114 of the offenses or act, the relationship of the person to the 115 parties in the case or to the defendant in a criminal action, 116 the degree of emotional trauma that will result to the person as 117 a consequence of the defendants presence, and any other fact 118 that the court deems relevant; or 119 (c)The age of the sexual offense victim or witness when the 120 sexual offense occurred, the relationship of the sexual offense 121 victim or witness to the parties in the case or to the defendant 122 in a criminal action, the degree of emotional trauma that will 123 result to the sexual offense victim or witness as a consequence 124 of the defendants presence, and any other fact that the court 125 deems relevant. 126 (5)(4)In addition to such other relief provided by law, 127 the court may enter orders it deems just and appropriate for the 128 protection of limiting the number of times that a child, a 129 person who has an intellectual disability, or a sexual offense 130 victim or witness, including limiting the number of times a 131 victim or witness may be interviewed, limiting the length and 132 scope of a deposition, requiring a deposition to be taken only 133 by written questions, requiring a deposition to be in the 134 presence of a trial judge or magistrate, sealing the tape or 135 transcript of a deposition until further order of the court, 136 allowing use of a therapy animal or facility dog prohibiting 137 depositions of the victim or witness, requiring the submission 138 of questions before the examination of the victim or witness, 139 setting the place and conditions for interviewing the victim or 140 witness or for conducting any other proceeding, or permitting or 141 prohibiting the attendance of any person at any proceeding. The 142 court shall enter any order necessary to protect the rights of 143 all parties, including the defendant in any criminal action. 144 (6)Section 794.022 applies to depositions taken pursuant 145 to this section. If a deposition is taken pursuant to this 146 section, the court must appoint a guardian ad litem or other 147 advocate pursuant to s. 914.17 to represent the deponent for the 148 purposes of the deposition if the deponent does not already have 149 counsel. 150 (7)The court, on its own motion or that of any party, may 151 request the aid of an interpreter, as provided in s. 90.606, to 152 aid the parties in formulating methods of questioning the person 153 who has an intellectual disability or the sexual offense victim 154 or witness and in interpreting his or her answers during 155 proceedings conducted under this section. 156 (8)The court shall make specific findings of fact on the 157 record as to the basis for its orders and rulings under this 158 section 159 (5)The court may set any other conditions it finds just 160 and appropriate when taking the testimony of a victim or witness 161 under the age of 18, a person who has an intellectual 162 disability, or a sexual offense victim or witness, including the 163 use of a therapy animal or facility dog, in any proceeding 164 involving a sexual offense or child abuse, abandonment, or 165 neglect. 166 (a)When deciding whether to permit a victim or witness 167 under the age of 18, a person who has an intellectual 168 disability, or a sexual offense victim or witness to testify 169 with the assistance of a therapy animal or facility dog, the 170 court shall consider the age of the child victim or witness, the 171 age of the sexual offense victim or witness at the time the 172 sexual offense occurred, the interests of the child victim or 173 witness or sexual offense victim or witness, the rights of the 174 parties to the litigation, and any other relevant factor that 175 would facilitate the testimony by the victim or witness under 176 the age of 18, person who has an intellectual disability, or 177 sexual offense victim or witness. 178 (b)For purposes of this subsection the term: 179 1.Facility dog means a dog that has been trained, 180 evaluated, and certified as a facility dog pursuant to industry 181 standards and provides unobtrusive emotional support to children 182 and adults in facility settings. 183 2.Therapy animal means an animal that has been trained, 184 evaluated, and certified as a therapy animal pursuant to 185 industry standards by an organization that certifies animals as 186 appropriate to provide animal therapy. 187 Section 2.By October 1, 2022, the University of South 188 Florida, in consultation with the Florida Alliance to End Human 189 Trafficking, shall develop and submit a proposal to the Attorney 190 General for the creation of a unified statewide data repository 191 for anonymous human trafficking data. The proposal must house 192 the data repository within the University of South Floridas 193 Trafficking in Persons-Risk to Resilience Research Lab and must 194 outline the need for a unified data repository to serve as a 195 portal to collect and analyze anonymous statewide human 196 trafficking data, to inform statewide efforts to combat human 197 trafficking, and to better serve victims of human trafficking. 198 The proposal should consider and recommend various funding 199 mechanisms to establish and operate the data repository, 200 including the potential for use of institutional and privately 201 donated funds. 202 Section 3.This act shall take effect upon becoming a law.