CS for CS for SB 772 First Engrossed 2022772e1 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 creating s. 1004.343, F.S.; creating the Statewide 21 Data Repository for Anonymous Human Trafficking Data 22 at the University of South Florida; providing purposes 23 of the data repository; specifying duties of the 24 university; designating required reporting entities; 25 requiring specified information to be reported; 26 providing timeframes for reporting; providing an 27 effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1.Section 92.55, Florida Statutes, is amended to 32 read: 33 92.55Judicial or other proceedings involving certain 34 victims and witnesses victim or witness under the age of 18, a 35 person who has an intellectual disability, or a sexual offense 36 victim or witness; special protections; use of therapy animals 37 or facility dogs. 38 (1)For purposes of this section, the term: 39 (a)Facility dog means a dog that has been trained, 40 evaluated, and certified as a facility dog pursuant to industry 41 standards and provides unobtrusive emotional support to children 42 and adults in facility settings. 43 (c)(a)Sexual offense victim or witness means a person 44 who was under the age of 18 when he or she was the victim of or 45 a witness to a sexual offense. 46 (b)Sexual offense means any offense specified in s. 47 775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I). 48 (d)Therapy animal means an animal that has been trained, 49 evaluated, and certified as a therapy animal pursuant to 50 industry standards by an organization that certifies animals as 51 appropriate to provide animal therapy. 52 (2)Upon motion of any party;, upon motion of a parent, 53 guardian, attorney, guardian ad litem, or other advocate 54 appointed by the court under s. 914.17 for a victim or witness 55 under the age of 18, a person who has an intellectual 56 disability, or a sexual offense victim; or witness, or upon its 57 own motion, the court may enter any order necessary to protect 58 the person victim or witness in any judicial proceeding or other 59 official proceeding from moderate severe emotional or mental 60 harm due to the presence of the defendant if the victim or 61 witness is required to testify in open court. Such orders must 62 relate to the taking of testimony and include, but are not 63 limited to: 64 (a)Interviewing or the taking of depositions as part of a 65 civil or criminal proceeding. 66 (b)Examination and cross-examination for the purpose of 67 qualifying as a witness or testifying in any proceeding. 68 (c)The use of testimony taken outside of the courtroom, 69 including proceedings under ss. 92.53 and 92.54. 70 (3)(a)Depositions are not allowed, except upon a showing 71 of good cause, of victims or witnesses younger than the age of 72 18, persons who have intellectual disabilities, or sexual 73 offense victims in dependency proceedings related to abuse, 74 abandonment, or neglect of children under chapter 39 or criminal 75 proceedings involving any of the following: 76 1.Any offense constituting domestic violence as defined in 77 s. 741.28. 78 2.Murder under s. 782.04. 79 3.Manslaughter under s. 782.07. 80 4.Aggravated cyberstalking under s. 784.048. 81 5.Kidnapping under s. 787.01. 82 6.False imprisonment under s. 787.02. 83 7.Human trafficking under s. 787.06. 84 8.Sexual battery under s. 794.011. 85 9.Lewd or lascivious offenses under s. 800.04 or s. 86 825.1025. 87 10.Child abuse or neglect of a child under s. 827.03. 88 11.Use of a child in a sexual performance under s. 89 827.071. 90 12.Computer pornography under s. 847.0135 or the 91 transmission of pornography by electronic device or equipment 92 under s. 847.0137. 93 (b)Upon written motion and written findings that a 94 deposition is necessary to assist a trial, that the evidence 95 sought is not reasonably available by any other means, and that 96 the probative value of the testimony outweighs the potential 97 detriment to the person to be deposed, the court may authorize 98 the taking of a deposition and may order protections deemed 99 necessary, including those provided in this section. 100 (4)(3)In ruling upon a the motion filed under this 101 section, the court may shall consider: 102 (a)The age of the victim or witness. child, 103 (b)The nature of the offense or act., 104 (c)The complexity of the issues involved. 105 (d)The relationship of the victim or witness child to the 106 parties in the case or to the defendant in a criminal action., 107 (e)The degree of emotional or mental harm trauma that will 108 result to the child as a consequence of the examination, 109 interview, or testimony. defendants presence, and 110 (f)The functional capacity of the victim or witness if he 111 or she has an intellectual disability. 112 (g)The age of the sexual offense victim when the sexual 113 offense occurred. 114 (h)Any other fact that the court deems relevant; 115 (b)The age of the person who has an intellectual 116 disability, the functional capacity of such person, the nature 117 of the offenses or act, the relationship of the person to the 118 parties in the case or to the defendant in a criminal action, 119 the degree of emotional trauma that will result to the person as 120 a consequence of the defendants presence, and any other fact 121 that the court deems relevant; or 122 (c)The age of the sexual offense victim or witness when 123 the sexual offense occurred, the relationship of the sexual 124 offense victim or witness to the parties in the case or to the 125 defendant in a criminal action, the degree of emotional trauma 126 that will result to the sexual offense victim or witness as a 127 consequence of the defendants presence, and any other fact that 128 the court deems relevant. 129 (5)(4)In addition to such other relief provided by law, 130 the court may enter orders it deems just and appropriate for the 131 protection of limiting the number of times that a child, a 132 person who has an intellectual disability, or a sexual offense 133 victim, including limiting the number of times a victim or 134 witness may be interviewed, limiting the length and scope of a 135 deposition, requiring a deposition to be taken only by written 136 questions, requiring a deposition to be in the presence of a 137 trial judge or magistrate, sealing the tape or transcript of a 138 deposition until further order of the court, allowing use of a 139 therapy animal or facility dog prohibiting depositions of the 140 victim or witness, requiring the submission of questions before 141 the examination of the victim or witness, setting the place and 142 conditions for interviewing the victim or witness or for 143 conducting any other proceeding, or permitting or prohibiting 144 the attendance of any person at any proceeding. The court shall 145 enter any order necessary to protect the rights of all parties, 146 including the defendant in any criminal action. 147 (6)Section 794.022 applies to depositions taken pursuant 148 to this section. If a deposition is taken pursuant to this 149 section, the court must appoint a guardian ad litem or other 150 advocate pursuant to s. 914.17 to represent the deponent for the 151 purposes of the deposition if the deponent does not already have 152 counsel. 153 (7)The court, on its own motion or that of any party, may 154 request the aid of an interpreter, as provided in s. 90.606, to 155 aid the parties in formulating methods of questioning the child, 156 the person who has an intellectual disability, or the sexual 157 offense victim and in interpreting his or her answers during 158 proceedings conducted under this section. 159 (8)The court shall make specific findings of fact on the 160 record as to the basis for its orders and rulings under this 161 section. 162 (5)The court may set any other conditions it finds just 163 and appropriate when taking the testimony of a victim or witness 164 under the age of 18, a person who has an intellectual 165 disability, or a sexual offense victim or witness, including the 166 use of a therapy animal or facility dog, in any proceeding 167 involving a sexual offense or child abuse, abandonment, or 168 neglect. 169 (a)When deciding whether to permit a victim or witness 170 under the age of 18, a person who has an intellectual 171 disability, or a sexual offense victim or witness to testify 172 with the assistance of a therapy animal or facility dog, the 173 court shall consider the age of the child victim or witness, the 174 age of the sexual offense victim or witness at the time the 175 sexual offense occurred, the interests of the child victim or 176 witness or sexual offense victim or witness, the rights of the 177 parties to the litigation, and any other relevant factor that 178 would facilitate the testimony by the victim or witness under 179 the age of 18, person who has an intellectual disability, or 180 sexual offense victim or witness. 181 (b)For purposes of this subsection the term: 182 1.Facility dog means a dog that has been trained, 183 evaluated, and certified as a facility dog pursuant to industry 184 standards and provides unobtrusive emotional support to children 185 and adults in facility settings. 186 2.Therapy animal means an animal that has been trained, 187 evaluated, and certified as a therapy animal pursuant to 188 industry standards by an organization that certifies animals as 189 appropriate to provide animal therapy. 190 Section 2.Section 1004.343, Florida Statutes, is created 191 to read: 192 1004.343Statewide Data Repository for Anonymous Human 193 Trafficking Data. 194 (1)There is created the Statewide Data Repository for 195 Anonymous Human Trafficking Data. The repository shall be housed 196 in and operated by the University of South Florida Trafficking 197 in Persons - Risk to Resilience Lab. 198 (a)The Statewide Data Repository for Anonymous Human 199 Trafficking Data shall: 200 1.Collect and analyze anonymous human trafficking data to 201 identify trends in human trafficking in the state over time. 202 2.Evaluate the effectiveness of various state-funded 203 initiatives to combat human trafficking to enable the state to 204 make evidence-based decisions in funding future initiatives. 205 3.Disseminate relevant data to law enforcement agencies, 206 state agencies, and other entities to assist in combating human 207 trafficking and apprehending and prosecuting persons responsible 208 for conducting human trafficking. 209 4.Evaluate the effectiveness of interventions and services 210 provided to assist human trafficking victims. 211 (b)The University of South Florida Trafficking in Persons 212 Risk to Resilience Lab shall: 213 1.Design, operate, maintain, and protect the integrity of 214 the Statewide Data Repository for Anonymous Human Trafficking 215 Data. 216 2.Design, in consultation with the Department of Law 217 Enforcement and other law enforcement partners, and launch a 218 user-friendly system for efficiently reporting anonymous human 219 trafficking data to the Statewide Data Repository for Anonymous 220 Human Trafficking Data at no additional cost to reporting 221 entities. 222 3.Analyze anonymous human trafficking data to identify 223 initiatives and interventions that are effective in combating 224 human trafficking, apprehending and prosecuting persons 225 responsible for conducting human trafficking, and assisting 226 human trafficking victims. 227 4.Work with law enforcement agencies and state agencies to 228 report data on human trafficking investigations and prosecutions 229 which can aid such agencies in combating human trafficking and 230 apprehending and prosecuting persons responsible for conducting 231 human trafficking. 232 (2)(a)Except as provided in paragraph (b), the following 233 agencies and entities shall report anonymous human trafficking 234 data required under this section: 235 1.Law enforcement agencies operating with state or local 236 government tax proceeds, including, but not limited to, 237 municipal police departments, county sheriffs, and state 238 attorneys. 239 2.The Department of Law Enforcement and any other state 240 agency that holds data related to human trafficking. 241 3.Service providers and other nongovernmental 242 organizations that serve human trafficking victims and receive 243 state or federal funding for such purpose. 244 (b)A required reporting entity that submits the data 245 required under subsection (3) to the Department of Law 246 Enforcements Uniform Crime Report system or Florida Incident 247 Based Reporting System may, but is not required to, submit any 248 additional data to the Statewide Data Repository for Anonymous 249 Human Trafficking Data. The Department of Law Enforcement shall 250 report to the Statewide Data Repository for Anonymous Human 251 Trafficking Data, at least quarterly, the data required under 252 subsection (3) that has been reported by a required reporting 253 entity to the department. 254 (3)A required reporting entity shall submit the following 255 data to the Statewide Data Repository for Anonymous Human 256 Trafficking Data unless such entity is exempt from the reporting 257 requirement under paragraph (2)(b): 258 (a)The alleged human trafficking offense that was 259 investigated or prosecuted and a description of the alleged 260 prohibited conduct. 261 (b)The age, gender, and race or ethnicity of each suspect 262 or defendant and victim. 263 (c)The date, time, and location of the alleged offense. 264 (d)The type of human trafficking involved, whether for 265 labor or services or commercial sexual activity. 266 (e)Any other alleged offense related to the human 267 trafficking offense that was investigated or prosecuted. 268 (f)Information regarding any victim services organization 269 or related program to which the victim was referred, if 270 available. 271 (g)The disposition of the investigation or prosecution, 272 regardless of the manner of disposition. 273 (4)(a)A required reporting entity located in a county with 274 a population of more than 500,000 must begin reporting data 275 required by this section to the Statewide Data Repository for 276 Anonymous Human Trafficking Data, or to the Department of Law 277 Enforcement as authorized under paragraph (2)(b), on or before 278 July 1, 2023, and at least quarterly each year thereafter. 279 (b)A required reporting entity located in a county with a 280 population of 500,000 or fewer must begin reporting data 281 required by this section to the Statewide Data Repository for 282 Anonymous Human Trafficking Data, or to the Department of Law 283 Enforcement as authorized under paragraph (2)(b), on or before 284 July 1, 2024, and at least biannually each year thereafter. 285 Section 3.This act shall take effect upon becoming a law.