HB 1253 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1253-00
Page 1 of 2
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 criminal offenses; 2
amending s. 960.001, F.S.; providing that private 3
counsel retained by a sexual assault victim may be 4
present during victim depositions; providing that 5
results of a toxicology screening of a victim may not 6
be used to prosecute certain offenses; providing an 7
effective date. 8
9
Be It Enacted by the Legislature of the State of Florida: 10
11
Section 1. Paragraph (q) of subsection (1) of section 12
960.001, Florida Statutes, is amended, and paragraph (v) is 13
added to that subsection, to read: 14
960.001 Guidelines for fair treatment of victims and 15
witnesses in the criminal justice and juvenile justice systems. — 16
(1) The Department of Legal Affairs, the state attorneys, 17
the Department of Corrections, the Department of Juvenile 18
Justice, the Florida Commission on Offender Review, the State 19
Courts Administrator and circuit court administrators, the 20
Department of Law En forcement, and every sheriff's department, 21
police department, or other law enforcement agency as defined in 22
s. 943.10(4) shall develop and implement guidelines for the use 23
of their respective agencies, which guidelines are consistent 24
with the purposes of t his act and s. 16(b), Art. I of the State 25
HB 1253 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1253-00
Page 2 of 2
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
Constitution and are designed to implement s. 16(b), Art. I of 26
the State Constitution and to achieve the following objectives: 27
(q) Presence of victim advocate during discovery 28
deposition; testimony of victim of a sexual offense.—At the 29
request of the victim or the victim's parent, guardian, or 30
lawful representative, private counsel retained by the victim, 31
the victim advocate designated by the state attorney's office, 32
sheriff's office, or municipal police departmen t, or one 33
representative from a not -for-profit victim services 34
organization, including, but not limited to, rape crisis 35
centers, domestic violence advocacy groups, and alcohol abuse or 36
substance abuse groups shall be permitted to attend and be 37
present during any deposition of the victim. The victim of a 38
sexual offense shall be informed of the right to have the 39
courtroom cleared of certain persons as provided in s. 918.16 40
when the victim is testifying concerning that offense. 41
(v) Immunity from prosecution for test results from 42
victims.—The results of toxicology screening conducted in 43
conjunction with a sexual assault forensic examination or upon a 44
report of sexual violence may not be used to prosecute the 45
victim for a misdemeanor violation of chapter 893. 46
Section 2. This act shall take effect July 1, 2023. 47