Florida 2024 Regular Session

Florida House Bill H0999 Compare Versions

Only one version of the bill is available at this time.

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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to post -trial counseling services for 2
16	16	jurors; creating s. 40.61, F.S.; creating a post -trial 3
17	17	counseling program for jurors in each judicial 4
18	18	circuit; providing the program's purpose; requiring 5
19	19	the Office of the State Courts Administrator to 6
20	20	provide administrative support for the program; 7
21	21	requiring the chief judge of the circuit to administer 8
22	22	the program and, in consultation with the Department 9
23	23	of Children and Families, take specified actions; 10
24	24	requiring the judicial circuit to provide a specified 11
25	25	number of counseling sessions at no charge to a juror 12
26	26	under certain circumstances; authorizing the judicial 13
27	27	circuit to provide a specified number of cou nseling 14
28	28	sessions at no charge to jurors under specified 15
29	29	circumstances; authorizing judges to extend jury 16
30	30	service for a specified administrative purpose if a 17
31	31	juror requests counseling before the conclusion of a 18
32	32	trial; providing that certain protections avai lable to 19
33	33	a juror during a trial apply during an administrative 20
34	34	extension; prohibiting a clerk of the court from 21
35	35	releasing the name of a juror who requests post -trial 22
36	36	counseling services; providing that a juror who 23
37	37	requests post-trial counseling services wi thin a 24
38	38	specified timeframe after the conclusion of a trial 25
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47	47	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
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51	51	must be offered a referral to specified providers; 26
52	52	requiring the judicial circuits to annually submit, by 27
53	53	a specified date, a certain report to the Department 28
54	54	of Children and Families; providing an effective date. 29
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56	56	Be It Enacted by the Legislature of the State of Florida: 31
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58	58	Section 1. Section 40.61, Florida Statutes, is created to 33
59	59	read: 34
60	60	40.61 Post-trial juror counseling program. — 35
61	61	(1) A post-trial juror counseling program is created 36
62	62	within each judicial circuit to provide post -trial counseling 37
63	63	services to jurors who served in a trial in which a reasonable 38
64	64	person would likely experience trauma or distress due to the 39
65	65	gravity of the offense or the subject matter. The Office of the 40
66	66	State Courts Administrator shall provide administrative support 41
67	67	for the program. 42
68	68	(2) The chief judge of the circuit shall administer the 43
69	69	program and, in consultation with the Department of Children and 44
70	70	Families, shall do all of the following: 45
71	71	(a) Identify those tr ials, as described in subsection (1), 46
72	72	after which a juror may need counseling services. At a minimum, 47
73	73	post-trial counseling services must be offered to jurors who 48
74	74	served or were impaneled for a trial relating to: 49
75	75	1. The killing or attempted killing of an other human 50
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84	84	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
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88	88	being. 51
89	89	2. Sexual misconduct or offenses. 52
90	90	3. The neglect, abuse, or endangerment of minors. 53
91	91	(b) Require judges in the circuit to inform jurors of the 54
92	92	availability of the program. 55
93	93	(c) Offer post-trial counseling services for jurors 56
94	94	through a community mental health center or clinic as defined in 57
95	95	s. 394.455. Such counseling may be offered through a telehealth 58
96	96	provider as defined in s. 456.47(1). 59
97	97	(3)(a) The judicial circuit shall provide six post -trial 60
98	98	counseling sessions at no charge to a juror who requests such 61
99	99	counseling before the conclusion of the trial pursuant to 62
100	100	paragraph (4)(a). 63
101	101	(b) The judicial circuit may provide six post -trial 64
102	102	counseling sessions at no charge to a juror who requests such 65
103	103	counseling after the conclusion of a tr ial, but within the six 66
104	104	months after the trial pursuant to paragraph (4)(b). 67
105	105	(4)(a)1. If a judge presides over a trial for which post -68
106	106	trial counseling services are required to be offered and a 69
107	107	selected or impaneled juror requests post -trial counseling 70
108	108	services before the conclusion of the trial, the judge must 71
109	109	extend the jury's service for administrative purposes to 72
110	110	accommodate any juror who requests counseling. The extension 73
111	111	must provide enough time to allow jurors to seek six counseling 74
112	112	sessions. 75
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125	125	2. The same protections that apply to jurors during a 76
126	126	trial apply during an administrative extension. 77
127	127	3. The clerk of the court may not release the name of a 78
128	128	juror who requests post -trial counseling services. 79
129	129	(b) If a juror does not request post -trial counseling 80
130	130	services before the conclusion of a trial for which post -trial 81
131	131	counseling services are required to be offered, but requests 82
132	132	such services within 6 months after such trial concludes, the 83
133	133	judicial circuit must offer a referral to the juror for 84
134	134	counseling services through a provider who is licensed to 85
135	135	provide such services and who has an existing relationship with 86
136	136	the Department of Children and Families. 87
137	137	(5) By December 31, 2024, and annually by each December 31 88
138	138	thereafter, each judicial circuit shall submit a report to the 89
139	139	Department of Children and Families which, at a minimum, 90
140	140	includes the number of jurors who requested post -trial 91
141	141	counseling services, whether each such juror made the request 92
142	142	before or after the conclusion of a trial, the amount of 93
143	143	sessions provided in each instance, and the costs incurred by 94
144	144	the judicial circuit in connection with the services offered. 95
145	145	Section 2. This act shall take effect July 1, 2024. 96