HB 999 2024
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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 post -trial counseling services for 2
jurors; creating s. 40.61, F.S.; creating a post -trial 3
counseling program for jurors in each judicial 4
circuit; providing the program's purpose; requiring 5
the Office of the State Courts Administrator to 6
provide administrative support for the program; 7
requiring the chief judge of the circuit to administer 8
the program and, in consultation with the Department 9
of Children and Families, take specified actions; 10
requiring the judicial circuit to provide a specified 11
number of counseling sessions at no charge to a juror 12
under certain circumstances; authorizing the judicial 13
circuit to provide a specified number of cou nseling 14
sessions at no charge to jurors under specified 15
circumstances; authorizing judges to extend jury 16
service for a specified administrative purpose if a 17
juror requests counseling before the conclusion of a 18
trial; providing that certain protections avai lable to 19
a juror during a trial apply during an administrative 20
extension; prohibiting a clerk of the court from 21
releasing the name of a juror who requests post -trial 22
counseling services; providing that a juror who 23
requests post-trial counseling services wi thin a 24
specified timeframe after the conclusion of a trial 25
HB 999 2024
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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
must be offered a referral to specified providers; 26
requiring the judicial circuits to annually submit, by 27
a specified date, a certain report to the Department 28
of Children and Families; providing an effective date. 29
30
Be It Enacted by the Legislature of the State of Florida: 31
32
Section 1. Section 40.61, Florida Statutes, is created to 33
read: 34
40.61 Post-trial juror counseling program. — 35
(1) A post-trial juror counseling program is created 36
within each judicial circuit to provide post -trial counseling 37
services to jurors who served in a trial in which a reasonable 38
person would likely experience trauma or distress due to the 39
gravity of the offense or the subject matter. The Office of the 40
State Courts Administrator shall provide administrative support 41
for the program. 42
(2) The chief judge of the circuit shall administer the 43
program and, in consultation with the Department of Children and 44
Families, shall do all of the following: 45
(a) Identify those tr ials, as described in subsection (1), 46
after which a juror may need counseling services. At a minimum, 47
post-trial counseling services must be offered to jurors who 48
served or were impaneled for a trial relating to: 49
1. The killing or attempted killing of an other human 50
HB 999 2024
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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
being. 51
2. Sexual misconduct or offenses. 52
3. The neglect, abuse, or endangerment of minors. 53
(b) Require judges in the circuit to inform jurors of the 54
availability of the program. 55
(c) Offer post-trial counseling services for jurors 56
through a community mental health center or clinic as defined in 57
s. 394.455. Such counseling may be offered through a telehealth 58
provider as defined in s. 456.47(1). 59
(3)(a) The judicial circuit shall provide six post -trial 60
counseling sessions at no charge to a juror who requests such 61
counseling before the conclusion of the trial pursuant to 62
paragraph (4)(a). 63
(b) The judicial circuit may provide six post -trial 64
counseling sessions at no charge to a juror who requests such 65
counseling after the conclusion of a tr ial, but within the six 66
months after the trial pursuant to paragraph (4)(b). 67
(4)(a)1. If a judge presides over a trial for which post -68
trial counseling services are required to be offered and a 69
selected or impaneled juror requests post -trial counseling 70
services before the conclusion of the trial, the judge must 71
extend the jury's service for administrative purposes to 72
accommodate any juror who requests counseling. The extension 73
must provide enough time to allow jurors to seek six counseling 74
sessions. 75
HB 999 2024
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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
2. The same protections that apply to jurors during a 76
trial apply during an administrative extension. 77
3. The clerk of the court may not release the name of a 78
juror who requests post -trial counseling services. 79
(b) If a juror does not request post -trial counseling 80
services before the conclusion of a trial for which post -trial 81
counseling services are required to be offered, but requests 82
such services within 6 months after such trial concludes, the 83
judicial circuit must offer a referral to the juror for 84
counseling services through a provider who is licensed to 85
provide such services and who has an existing relationship with 86
the Department of Children and Families. 87
(5) By December 31, 2024, and annually by each December 31 88
thereafter, each judicial circuit shall submit a report to the 89
Department of Children and Families which, at a minimum, 90
includes the number of jurors who requested post -trial 91
counseling services, whether each such juror made the request 92
before or after the conclusion of a trial, the amount of 93
sessions provided in each instance, and the costs incurred by 94
the judicial circuit in connection with the services offered. 95
Section 2. This act shall take effect July 1, 2024. 96