This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0469a.CRJ
DATE: 1/31/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 469 Victims of Criminal Offenses
SPONSOR(S): Criminal Justice Subcommittee, Bartleman and others
TIED BILLS: IDEN./SIM. BILLS: SB 466
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee 16 Y, 0 N, As CS Yeager Hall
SUMMARY ANALYSIS
A crime victim has specific rights that are enumerated in the Florida Constitution and in statute. Among these
rights, article I, section 16(b)(11) of the Florida Constitution provides that a crime victim has the right to:
Be informed of his or her constitutional rights as a crime victim, and
Seek the advice of an attorney to assist in enforcing such rights.
Section 960.001, F.S., provides a list of rights for victims and witnesses in the criminal justice system. To
inform crime victims of their rights, law enforcement distributes information compiled by state attorneys and
public defenders in each circuit applicable to their jurisdiction relating to victim services, victim rights, and the
criminal justice system including:
The availability of crime victim compensation, if applicable;
Crisis intervention services, supportive or bereavement counseling, social service support referrals, and
community-based victim treatment programs;
The role of the victim in the criminal or juvenile process, including what the victim may expect from the
system as well as what the system expects from the victim;
The stages in the criminal or juvenile justice process which are of significance to the victim and the
manner in which information about such stages can be obtained;
The right of a victim, who is not incarcerated, including the victim’s parent or guardian if the victim is a
minor, the lawful representative of the victim or of the victim’s parent or guardian if the victim is a minor,
and the next of kin of a homicide victim, upon request, to be informed, to be present, and to be heard at
all stages of a criminal or juvenile proceeding as provided by Article I, section 16(b) of the Florida
Constitution;
In the case of incarcerated victims, the right, upon request, to be informed and to submit written
statements at all stages of the criminal proceedings, parole proceedings, or juvenile proceedings;
The right of a victim to a prompt and timely disposition of the case; and
The right of a victim to employ private counsel.
Currently, under s. 960.001(1)(q), F.S., at the request of a victim of a sexual offense, or at the request of the
victim’s parent, guardian, or lawful representative, a victim advocate designated by the state attorney’s office,
sheriff’s office, or municipal police department, or one representative from a not-for-profit victim services
organization is permitted to attend and be present during any deposition of the victim.
CS/HB 469 amends s. 960.001, F.S., to also permit private counsel retained by a victim of a sexual offense to
attend and be present during any deposition of the victim upon the request of the victim or the victim’s parent,
guardian, or lawful representative.
The bill does not appear to have a fiscal impact on state or local governments.
The bill provides an effective date of July 1, 2024.
STORAGE NAME: h0469a.CRJ PAGE: 2
DATE: 1/31/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Victim’s Rights
Florida Constitution
On November 8, 1988, Florida voters approved an amendment to the state constitution to grant victims
of crime,
1
and the next of kin of homicide victims, the qualified right to be informed, to be present, and
to be heard at all crucial stages of criminal proceedings.
2
In November 2016, Florida voters approved
Amendment 6, also known as Marsy’s Law, which added specific rights for crime victims into the
Florida Constitution.
3
Article I, section 16 of the Florida Constitution provides that every crime victim is entitled to the
following rights, beginning at the time of his or her victimization:
The right to due process and to be treated with fairness and respect for the victim’s dignity.
The right to be free from intimidation, harassment, and abuse.
The right, within the judicial process, to be reasonably protected from the accused and any
person acting on behalf of the accused.
The right to have the safety and welfare of the victim and the victim’s family considered when
setting bail, including setting pretrial release conditions that protect the safety and welfare of
the victim and the victim’s family.
The right to prevent the disclosure of information or records that could be used to locate or
harass the victim or the victim’s family, or which could disclose confidential or privileged
information of the victim.
4
A crime victim is entitled to the following rights upon request:
The right to reasonable, accurate, and timely notice of, and to be present at, all public
proceedings involving the criminal conduct, including but not limited to, trial, plea, sentencing,
or adjudication, even if the victim will be a witness at the proceedings, notwithstanding any rule
to the contrary.
The right to reasonable, accurate, and timely notice of any release or escape of the defendant
or delinquent.
The right to reasonable, accurate, and timely notice of any proceeding during which a right of
the victim is implicated.
The right to be heard in any public proceeding involving pretrial or other release from any form
of legal constraint, plea, sentencing, adjudication, or parole.
The right to be heard in any proceeding during which a right of the victim is implicated.
The right to confer with the prosecuting attorney concerning any plea agreements, participation
in pretrial diversion programs, release, restitution, sentencing, or any other disposition of the
case.
The right to provide information regarding the impact of the offender’s conduct on the victim
and the victim’s family to the individual responsible for conducting any presentence
1
A “victim” is a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or
attempted commission of a crime or delinquent act or against whom the crime or delinquent act is committed. The term “victim” includes
the victim’s lawful representative, the parent or guardian of a minor, or the next of kin of a homicide victim, except upon a showing that
the interest of such individual would be in actual or potential conflict with the interests of the victim. Art. I, s. 16(11)(e), Fla. Const.
2
Florida Division of Elections, Rights of Victims of Crime,
https://dos.elections.myflorida.com/initiatives/initdetail.asp?account=10&seqnum=47 (last visited Jan. 26, 2024).
3
Florida Division of Elections, Rights of Crime Victims; Judges,
https://dos.elections.myflorida.com/initiatives/initdetail.asp?account=11&seqnum=20 (last visited Jan. 26, 2024).
4
Art. I, s. 16(b), Fla. Const. STORAGE NAME: h0469a.CRJ PAGE: 3
DATE: 1/31/2024
investigation or compiling any presentence investigation report, and to have any such
information considered in any sentencing recommendations submitted to the court.
The right to receive a copy of any presentence report, and any other report or record relevant
to the exercise of a victim’s right, except for such portions made confidential or exempt by law.
The right to be informed of the conviction, sentence, adjudication, place and time of
incarceration, or other disposition of the convicted offender, any scheduled release date of the
offender, and the release of or the escape of the offender from custody.
The right to be informed of all postconviction processes and procedures, to participate in such
processes and procedures, to provide information to the release authority to be considered
before any release decision is made, and to be notified of any release decision regarding the
offender.
The right to be informed of clemency and expungement procedures, to provide information to
the governor, the court, any clemency board, and other authority in these procedures, and to
have that information considered before a clemency or expungement decision is made; and to
be notified of such decision in advance of any release of the offender.
5
The Florida Constitution provides that all crime victims must be informed of these rights and that they
may seek the advice of an attorney with respect to these rights.
6
Crime victims and members of the
general public must be advised of their rights in the form of a card or other effective means.
7
The
victim, retained attorney of the victim, lawful representative of the victim, or the office of the state
attorney upon request of the victim, may assert and seek enforcement of these rights.
8
The court or
other authority with jurisdiction over the case must act promptly upon such a request, affording a
remedy by due course of law for the violation of any right.
9
Florida Statutes
Section 960.001, F.S., provides a list of rights for victims and witnesses in the criminal justice system.
To inform crime victims of their rights, law enforcement distributes information compiled by state
attorneys and public defenders in each circuit applicable to their jurisdiction relating to victim services,
victim rights, and the criminal justice system including:
The availability of crime victim compensation, if applicable;
Crisis intervention services, supportive or bereavement counseling, social service support
referrals, and community-based victim treatment programs;
The role of the victim in the criminal or juvenile process, including what the victim may expect
from the system as well as what the system expects from the victim;
The stages in the criminal or juvenile justice process which are of significance to the victim and
the manner in which information about such stages can be obtained;
The right of a victim, who is not incarcerated, including the victim’s parent or guardian if the
victim is a minor, the lawful representative of the victim or of the victim’s parent or guardian if
the victim in a minor, and the next of kin of a homicide victim, upon request, to be informed, to
be present, and to be heard at all stages of a criminal or juvenile proceeding as provided by
Article I, section 16(b) of the Florida Constitution;
In the case of incarcerated victims, the right, upon request, to be informed and to submit written
statements at all stages of the criminal proceedings, parole proceedings, or juvenile
proceedings;
The right of a victim to a prompt and timely disposition of the case; and
The right of a victim to employ private counsel.
10
Court Proceedings
5
Art. I, s. 16(b)(6), Fla. Const.
6
Art. I, s. 16(b)(11), Fla. Const.
7
Id.
8
Art. I, s. 16(c), Fla. Const.
9
Id.
10
S. 960.001(a), F.S. STORAGE NAME: h0469a.CRJ PAGE: 4
DATE: 1/31/2024
Section 960.0021, F.S., provides that it is Legislature’s intent that to ensure crime victims can
effectively understand and exercise their rights under the Article I, section 16 of the Florida
Constitution, victims must be properly advised of their rights by the courts in the state.
11
Courts may
fulfill this obligation by displaying this information prominently on courtroom doors,
12
or by delivering the
following announcement at any arraignment, sentencing, or case management proceeding:
“If you are the victim of a crime with a case pending before this court, you are advised that you have
the right, upon request:
1. To be informed.
2. To be present.
3. To be heard at all stages of criminal proceedings.
4. To receive advance notification, when possible, of judicial proceedings and notification of
scheduling changes, pursuant to s. 960.001, F.S.
5. To seek crimes compensation and restitution.
6. To consult with the state attorney’s office in certain felony cases regarding the disposition of
the case.
7. To make an oral or written victim impact statement at the time of sentencing of a
defendant.
For further information regarding additional rights afforded to victims of crime, you may contact the
state attorney’s office or obtain a listing of your rights from the Clerk of Court.”
13
Depositions of Victims of Sexual Offenses
A deposition is a witness’s sworn out-of-court testimony used to gather information.
14
It is a sworn
statement given by a witness in response to questions from attorneys on both sides of a case to assist
them in understanding what the witness knows about the case.
15
In Florida, a defendant’s attorney is
permitted to depose all witnesses in a felony case after formal charges have been filed and prior to a
trial without leave of the court.
16
As such, a defendant’s attorney may generally take the deposition of a
victim of a felony sexual offense without leave of the court.
17
Section 960.001, F.S., affords a victim of a sexual offense special protections in these proceedings.
18
Currently, at the request of the victim, or at the request of the victim’s parent, guardian, or lawful
representative, a victim advocate designated by the state attorney’s office, sheriff’s office, or municipal
police department, or one representative from a not-for-profit victim services organization is permitted
to attend and be present during any deposition of the victim.
19
A victim of a sexual offense also has the
right to employ private counsel,
20
but such counsel is not guaranteed to be present and attend the
victim’s deposition under s. 960.001, F.S.
Effect of Proposed Changes
CS/HB 469 amends s. 960.001, F.S., to also permit private counsel retained by a victim of a sexual
offense to attend and be present during any deposition of the victim upon the request of the victim or
the victim’s parent, guardian, or lawful representative. This is an addition to the other authorized
persons permitted to attend and be present during any deposition of the victim under current law.
11
S. 960.0021(1), F.S.
12
S. 960.0021(2)(b), F.S.
13
S. 960.0021(2)(a), F.S.
14
Cornell Law School, Legal Information Institute, Deposition, https://www.law.cornell.edu/wex/deposition (last visited Jan. 26, 2024).
15
Office of the Attorney General, A Guide for Victims from the Office of Statewide Prosecution,
https://www.myfloridalegal.com/statewide-prosecutor/statewide-prosecutor-guide-for-victims (last visited Jan. 26, 2024).
16
Fla. R. Crim. P. 3.220.
17
Id.
18
Ch. 960, F.S.; Special protections are granted to a victim or witness of a sexual offense who was under the age of eighteen when he
or she was the victim or witness to a sexual offense. The court may prohibit depositions of the victim or witness. S. 92.55(4), F.S.
19
S. 960.001(1)(q), F.S.
20
S. 960.001(a)8., F.S. STORAGE NAME: h0469a.CRJ PAGE: 5
DATE: 1/31/2024
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amends s. 960.001, F.S., relating to guidelines for fair treatment of victims and witnesses in
the criminal justice and juvenile justice systems.
Section 2: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEM ENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None. STORAGE NAME: h0469a.CRJ PAGE: 6
DATE: 1/31/2024
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 30, 2024, the Criminal Justice Subcommittee adopted a proposed committee substitute
(PCS) and reported the bill favorably as a committee substitute. The PCS differed from the original bill
as it:
Removed changes to s. 960.001, F.S., that provided immunity to victims of sexual offenses from
prosecution for misdemeanor violations of ch. 893, F.S., based upon the results of his or her
toxicology screening conducted in conjunction with a sexual assault forensic examination or
upon a report of sexual violence.
This analysis is drafted to the committee substitute as passed by the Criminal Justice Subcommittee.