23 | | - | Section 1. Paragraph (q) of subsection (1) of section 10 |
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24 | | - | 960.001, Florida Statutes, is amended to read: 11 |
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25 | | - | 960.001 Guidelines fo r fair treatment of victims and 12 |
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26 | | - | witnesses in the criminal justice and juvenile justice systems. — 13 |
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27 | | - | (1) The Department of Legal Affairs, the state attorneys, 14 |
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28 | | - | the Department of Corrections, the Department of Juvenile 15 |
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29 | | - | Justice, the Florida Commission on Offend er Review, the State 16 |
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30 | | - | Courts Administrator and circuit court administrators, the 17 |
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31 | | - | Department of Law Enforcement, and every sheriff's department, 18 |
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32 | | - | police department, or other law enforcement agency as defined in 19 |
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33 | | - | s. 943.10(4) shall develop and implement guideli nes for the use 20 |
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34 | | - | of their respective agencies, which guidelines are consistent 21 |
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35 | | - | with the purposes of this act and s. 16(b), Art. I of the State 22 |
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36 | | - | Constitution and are designed to implement s. 16(b), Art. I of 23 |
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37 | | - | the State Constitution and to achieve the following objectives: 24 |
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38 | | - | (q) Presence of victim advocate during discovery 25 |
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| 23 | + | Be It Enacted by the Legislature of the State of Florida: 10 |
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| 24 | + | 11 |
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| 25 | + | Section 1. Paragraph (q) of subsection (1) of section 12 |
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| 26 | + | 960.001, Florida Statutes, is amended, and paragraph (x) is 13 |
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| 27 | + | added to that subsection, to read: 14 |
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| 28 | + | 960.001 Guidelines for fair treatment of victims and 15 |
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| 29 | + | witnesses in the criminal justice and juvenile justice systems. — 16 |
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| 30 | + | (1) The Department of Legal Affairs, the state attorneys, 17 |
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| 31 | + | the Department of Corrections, the Department of Juvenile 18 |
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| 32 | + | Justice, the Florida Commission on Offender Review, the State 19 |
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| 33 | + | Courts Administrator and circuit court administrators, the 20 |
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| 34 | + | Department of Law Enforcemen t, and every sheriff's department, 21 |
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| 35 | + | police department, or other law enforcement agency as defined in 22 |
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| 36 | + | s. 943.10(4) shall develop and implement guidelines for the use 23 |
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| 37 | + | of their respective agencies, which guidelines are consistent 24 |
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| 38 | + | with the purposes of this act and s. 16(b), Art. I of the State 25 |
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51 | | - | deposition; testimony of victim of a sexual offense. —At the 26 |
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52 | | - | request of the victim or the victim's parent, guardian, or 27 |
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53 | | - | lawful representative, private counsel retained by the victim, 28 |
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54 | | - | and a the victim advocate designated by the state attorney's 29 |
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55 | | - | office, sheriff's office, or municipal police department, or one 30 |
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56 | | - | representative from a not -for-profit victim services 31 |
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57 | | - | organization, including, but not limited to, rape crisis 32 |
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58 | | - | centers, domestic violence adv ocacy groups, and alcohol abuse or 33 |
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59 | | - | substance abuse groups , shall be permitted to attend and be 34 |
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60 | | - | present during any deposition of the victim. The victim of a 35 |
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61 | | - | sexual offense shall be informed of the right to have the 36 |
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62 | | - | courtroom cleared of certain persons as pr ovided in s. 918.16 37 |
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63 | | - | when the victim is testifying concerning that offense. 38 |
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64 | | - | Section 2. This act shall take effect July 1, 2024. 39 |
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| 51 | + | Constitution and are designed to implement s. 16(b), Art. I of 26 |
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| 52 | + | the State Constitution and to achieve the following objectives: 27 |
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| 53 | + | (q) Presence of victim advocate during discovery 28 |
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| 54 | + | deposition; testimony of victim of a sexual offense.—At the 29 |
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| 55 | + | request of the victim or the victim's parent, guardian, or 30 |
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| 56 | + | lawful representative, private counsel retained by the victim, 31 |
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| 57 | + | and a the victim advocate designated by the state attorney's 32 |
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| 58 | + | office, sheriff's office, or municipal police department, or one 33 |
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| 59 | + | representative from a not -for-profit victim services 34 |
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| 60 | + | organization, including, but not limited to, rape crisis 35 |
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| 61 | + | centers, domestic violence advocacy groups, and alcohol abuse or 36 |
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| 62 | + | substance abuse groups , shall be permitted to attend and be 37 |
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| 63 | + | present during any deposition of the victim. The victim of a 38 |
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| 64 | + | sexual offense shall be informed of the right to have the 39 |
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| 65 | + | courtroom cleared of certain persons as provided in s. 918.16 40 |
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| 66 | + | when the victim is testifying concerning that offense. 41 |
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| 67 | + | (x) Immunity from prosecution f or test results from 42 |
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| 68 | + | victims.—The results of toxicology screening conducted in 43 |
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| 69 | + | conjunction with a sexual assault forensic examination or upon a 44 |
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| 70 | + | report of sexual violence may not be used to prosecute the 45 |
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| 71 | + | victim for a misdemeanor violation of chapter 893. 46 |
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| 72 | + | Section 2. This act shall take effect July 1, 2024. 47 |
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