Florida Senate - 2022 CS for CS for SB 772 By the Committees on Rules; and Children, Families, and Elder Affairs; and Senators Diaz and Perry 595-02957B-22 2022772c2 1 A bill to be entitled 2 An act relating to the protection of victims and 3 witnesses; amending s. 92.55, F.S.; replacing the term 4 sexual offense victim or witness with sexual 5 offense victim; defining the term sexual offense 6 victim; revising the standard for orders to protect 7 certain testifying victims and witnesses; prohibiting 8 depositions of certain victims and witnesses in 9 certain proceedings without a showing of good cause; 10 authorizing the court to allow such depositions under 11 certain circumstances; revising factors to be 12 considered by a court in a motion seeking to protect a 13 victim or witness; revising provisions related to 14 available relief; requiring the court to appoint a 15 guardian ad litem or other advocate for the deponent 16 under certain circumstances; authorizing the court to 17 request the aid of an interpreter; requiring the court 18 to make specific findings of fact on the record for 19 certain orders and rulings; making technical changes; 20 requiring the University of South Florida, in 21 consultation with a specified organization, to develop 22 and submit a proposal to the Attorney General for the 23 creation of a unified statewide data repository for 24 anonymous human trafficking data; providing 25 requirements for the proposal; providing an effective 26 date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1.Section 92.55, Florida Statutes, is amended to 31 read: 32 92.55Judicial or other proceedings involving certain 33 victims and witnesses victim or witness under the age of 18, a 34 person who has an intellectual disability, or a sexual offense 35 victim or witness; special protections; use of therapy animals 36 or facility dogs. 37 (1)For purposes of this section, the term: 38 (a)Facility dog means a dog that has been trained, 39 evaluated, and certified as a facility dog pursuant to industry 40 standards and provides unobtrusive emotional support to children 41 and adults in facility settings. 42 (c)(a)Sexual offense victim or witness means a person 43 who was under the age of 18 when he or she was the victim of or 44 a witness to a sexual offense. 45 (b)Sexual offense means any offense specified in s. 46 775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I). 47 (d)Therapy animal means an animal that has been trained, 48 evaluated, and certified as a therapy animal pursuant to 49 industry standards by an organization that certifies animals as 50 appropriate to provide animal therapy. 51 (2)Upon motion of any party;, upon motion of a parent, 52 guardian, attorney, guardian ad litem, or other advocate 53 appointed by the court under s. 914.17 for a victim or witness 54 under the age of 18, a person who has an intellectual 55 disability, or a sexual offense victim; or witness, or upon its 56 own motion, the court may enter any order necessary to protect 57 the person victim or witness in any judicial proceeding or other 58 official proceeding from moderate severe emotional or mental 59 harm due to the presence of the defendant if the victim or 60 witness is required to testify in open court. Such orders must 61 relate to the taking of testimony and include, but are not 62 limited to: 63 (a)Interviewing or the taking of depositions as part of a 64 civil or criminal proceeding. 65 (b)Examination and cross-examination for the purpose of 66 qualifying as a witness or testifying in any proceeding. 67 (c)The use of testimony taken outside of the courtroom, 68 including proceedings under ss. 92.53 and 92.54. 69 (3)(a)Depositions are not allowed, except upon a showing 70 of good cause, of victims or witnesses younger than the age of 71 18, persons who have intellectual disabilities, or sexual 72 offense victims in proceedings involving any of the following: 73 1.Abuse, abandonment, or neglect of children under chapter 74 39. 75 2.Any offense constituting domestic violence as defined in 76 s. 741.28. 77 3.Murder under s. 782.04. 78 4.Manslaughter under s. 782.07. 79 5.Aggravated cyberstalking under s. 784.048. 80 6.Kidnapping under s. 787.01. 81 7.False imprisonment under s. 787.02. 82 8.Human trafficking under s. 787.06. 83 9.Sexual battery under s. 794.011. 84 10.Lewd or lascivious offenses under s. 800.04 or s. 85 825.1025. 86 11.Child abuse or neglect of a child under s. 827.03. 87 12.Use of a child in a sexual performance under s. 88 827.071. 89 13.Computer pornography under s. 847.0135 or the 90 transmission of pornography by electronic device or equipment 91 under s. 847.0137. 92 (b)Upon written motion and written findings that a 93 deposition is necessary to assist a trial, that the evidence 94 sought is not reasonably available by any other means, and that 95 the probative value of the testimony outweighs the potential 96 detriment to the person to be deposed, the court may authorize 97 the taking of a deposition and may order protections deemed 98 necessary, including those provided in this section. 99 (4)(3)In ruling upon a the motion filed under this 100 section, the court may shall consider: 101 (a)The age of the victim or witness. child, 102 (b)The nature of the offense or act., 103 (c)The complexity of the issues involved. 104 (d)The relationship of the victim or witness child to the 105 parties in the case or to the defendant in a criminal action., 106 (e)The degree of emotional or mental harm trauma that will 107 result to the child as a consequence of the examination, 108 interview, or testimony. defendants presence, and 109 (f)The functional capacity of the victim or witness if he 110 or she has an intellectual disability. 111 (g)The age of the sexual offense victim when the sexual 112 offense occurred. 113 (h)Any other fact that the court deems relevant; 114 (b)The age of the person who has an intellectual 115 disability, the functional capacity of such person, the nature 116 of the offenses or act, the relationship of the person to the 117 parties in the case or to the defendant in a criminal action, 118 the degree of emotional trauma that will result to the person as 119 a consequence of the defendants presence, and any other fact 120 that the court deems relevant; or 121 (c)The age of the sexual offense victim or witness when 122 the sexual offense occurred, the relationship of the sexual 123 offense victim or witness to the parties in the case or to the 124 defendant in a criminal action, the degree of emotional trauma 125 that will result to the sexual offense victim or witness as a 126 consequence of the defendants presence, and any other fact that 127 the court deems relevant. 128 (5)(4)In addition to such other relief provided by law, 129 the court may enter orders it deems just and appropriate for the 130 protection of limiting the number of times that a child, a 131 person who has an intellectual disability, or a sexual offense 132 victim, including limiting the number of times a victim or 133 witness may be interviewed, limiting the length and scope of a 134 deposition, requiring a deposition to be taken only by written 135 questions, requiring a deposition to be in the presence of a 136 trial judge or magistrate, sealing the tape or transcript of a 137 deposition until further order of the court, allowing use of a 138 therapy animal or facility dog prohibiting depositions of the 139 victim or witness, requiring the submission of questions before 140 the examination of the victim or witness, setting the place and 141 conditions for interviewing the victim or witness or for 142 conducting any other proceeding, or permitting or prohibiting 143 the attendance of any person at any proceeding. The court shall 144 enter any order necessary to protect the rights of all parties, 145 including the defendant in any criminal action. 146 (6)Section 794.022 applies to depositions taken pursuant 147 to this section. If a deposition is taken pursuant to this 148 section, the court must appoint a guardian ad litem or other 149 advocate pursuant to s. 914.17 to represent the deponent for the 150 purposes of the deposition if the deponent does not already have 151 counsel. 152 (7)The court, on its own motion or that of any party, may 153 request the aid of an interpreter, as provided in s. 90.606, to 154 aid the parties in formulating methods of questioning the child, 155 the person who has an intellectual disability, or the sexual 156 offense victim and in interpreting his or her answers during 157 proceedings conducted under this section. 158 (8)The court shall make specific findings of fact on the 159 record as to the basis for its orders and rulings under this 160 section. 161 (5)The court may set any other conditions it finds just 162 and appropriate when taking the testimony of a victim or witness 163 under the age of 18, a person who has an intellectual 164 disability, or a sexual offense victim or witness, including the 165 use of a therapy animal or facility dog, in any proceeding 166 involving a sexual offense or child abuse, abandonment, or 167 neglect. 168 (a)When deciding whether to permit a victim or witness 169 under the age of 18, a person who has an intellectual 170 disability, or a sexual offense victim or witness to testify 171 with the assistance of a therapy animal or facility dog, the 172 court shall consider the age of the child victim or witness, the 173 age of the sexual offense victim or witness at the time the 174 sexual offense occurred, the interests of the child victim or 175 witness or sexual offense victim or witness, the rights of the 176 parties to the litigation, and any other relevant factor that 177 would facilitate the testimony by the victim or witness under 178 the age of 18, person who has an intellectual disability, or 179 sexual offense victim or witness. 180 (b)For purposes of this subsection the term: 181 1.Facility dog means a dog that has been trained, 182 evaluated, and certified as a facility dog pursuant to industry 183 standards and provides unobtrusive emotional support to children 184 and adults in facility settings. 185 2.Therapy animal means an animal that has been trained, 186 evaluated, and certified as a therapy animal pursuant to 187 industry standards by an organization that certifies animals as 188 appropriate to provide animal therapy. 189 Section 2.By October 1, 2022, the University of South 190 Florida, in consultation with the Florida Alliance to End Human 191 Trafficking, shall develop and submit a proposal to the Attorney 192 General for the creation of a unified statewide data repository 193 for anonymous human trafficking data. The proposal must house 194 the data repository within the University of South Floridas 195 Trafficking in PersonsRisk to Resilience Research Lab and must 196 outline the need for a unified data repository to serve as a 197 portal to collect and analyze anonymous statewide human 198 trafficking data, to inform statewide efforts to combat human 199 trafficking, and to better serve victims of human trafficking. 200 The proposal should consider and recommend various funding 201 mechanisms to establish and operate the data repository, 202 including the potential for use of institutional and privately 203 donated funds. 204 Section 3.This act shall take effect upon becoming a law.