Florida 2024 Regular Session

Florida House Bill H1605 Compare Versions

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

Old	New	Differences
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3	3	HB 1605 2024
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1605-00
9	9	Page 1 of 22
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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12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to crime victim's rights; creating s. 2
16	16	960.00011, F.S.; providing definitions; creating s. 3
17	17	960.00012, F.S.; specifying rights that crime victims 4
18	18	may exercise; requiring certain entities to notify 5
19	19	victims of certain events; creating s. 960.00 014, 6
20	20	F.S.; providing duties of specified agencies to notify 7
21	21	victims in specified ways; providing that a victim has 8
22	22	the right to retain an attorney for specified 9
23	23	purposes; providing for assertion of a victim's 10
24	24	rights; specifying that a criminal defendant ma y not 11
25	25	assert a victim's rights; amending s. 960.001, F.S.; 12
26	26	revising requirements for preparation of guidelines 13
27	27	for treatment of victims; providing for limited 14
28	28	privacy of victim information cards; amending s. 15
29	29	960.0015, F.S.; providing a policy concerning th e 16
30	30	grant of delays in criminal proceedings; providing for 17
31	31	withdrawal of counsel; providing for motions for 18
32	32	speedy trial; providing for hearings on such motions; 19
33	33	providing goals for completion of appellate review of 20
34	34	convictions; providing for notice of delay when review 21
35	35	exceeds the goal in a case; providing for reports of 22
36	36	cases that exceed the goals; providing requirements 23
37	37	for reports; amending s. 960.0021, F.S.; revising the 24
38	38	content of a specified notice to crime victims of 25
39	39
40	40	HB 1605 2024
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45	45	hb1605-00
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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
48	48
49	49
50	50
51	51	victim rights; revising requiremen ts for posting of 26
52	52	such notices; providing an effective date. 27
53	53	28
54	54	Be It Enacted by the Legislature of the State of Florida: 29
55	55	30
56	56	Section 1. Section 960.00011, Florida Statutes, is created 31
57	57	to read: 32
58	58	960.00011 Definitions. —As used in this chapter, the term: 33
59	59	(1) "Confer" or "consultation" means to consult together, 34
60	60	share information, compare opinions, and carry on a discussion 35
61	61	or deliberation. The right to confer does not create any right 36
62	62	to interfere with the state attorney's discretion in determining 37
63	63	what charges to bring, whether to go to trial on a case, or what 38
64	64	plea offer to make. The right to confer is intended to a give 39
65	65	crime victim a means to be heard and have his or her views 40
66	66	considered and does not give a crime victim the right to veto 41
67	67	decisions of the state. 42
68	68	(2) "Court proceedings" includes, but is not limited to, a 43
69	69	first appearance hearing, arraignment, any post -arraignment 44
70	70	hearing the effect of which may be the release of the defendant 45
71	71	from custody or to alter the conditions of bond, change of plea 46
72	72	hearing, the trial, any pretrial or post -trial hearing, 47
73	73	sentencing, and any proceeding or hearing in a juvenile 48
74	74	delinquency case, such as a detention hearing, an adjudicatory 49
75	75	hearing, a disposition hearing, a detention hearing, or a 50
76	76
77	77	HB 1605 2024
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79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1605-00
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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
85	85
86	86
87	87
88	88	juvenile mediation, and any oral argument or hearing before an 51
89	89	appellate court, any competency hearing, a hearing for 52
90	90	conditional release, any hearing related to a modification of 53
91	91	sentence, probation or community control revocation hearing, 54
92	92	aftercare release or parole heari ng, postconviction relief 55
93	93	proceeding, habeas corpus proceeding, and clemency proceeding 56
94	94	related to the conviction or sentence of the defendant or 57
95	95	delinquent. 58
96	96	(3) "Crime victim" or "victim" is a person or entity who 59
97	97	suffers direct or threatened physical, psychological, or 60
98	98	financial harm as a result of the commission or attempted 61
99	99	commission of a crime or delinquent act or against whom the 62
100	100	crime or delinquent act is committed. The term includes the 63
101	101	victim's lawful representative, the parent or guardian of a 64
102	102	minor, or the next of kin of a homicide victim, except upon a 65
103	103	showing that the interest of such individual would be in actual 66
104	104	or potential conflict with the interests of the victim. The term 67
105	105	includes law enforcement officers, correctional officers, or 68
106	106	correctional probation officers who use deadly force in the 69
107	107	course and scope of their employment or official duties. The 70
108	108	term does not include the accused. As used in this subsection, 71
109	109	terms "crime" and "criminal" include delinquent acts and 72
110	110	conduct. 73
111	111	(4) "Information or records that could be used to locate 74
112	112	or harass the victim or the victim's family" includes, but is 75
113	113
114	114	HB 1605 2024
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117	117
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119	119	hb1605-00
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121	121	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
122	122
123	123
124	124
125	125	not limited to, any record or document that may reveal the 76
126	126	identity of the crime victim, including the name, home or 77
127	127	employment telephone number , home or employment address; the 78
128	128	personal assets of the victim of a crime; information or 79
129	129	documents that identify that person as the victim of a crime; or 80
130	130	disclose the identity of members of the crime victim's 81
131	131	household. 82
132	132	(5) "Status hearing" means a hea ring designed to provide 83
133	133	information to the court, at which no motion of a substantive 84
134	134	nature and no constitutional or statutory right of a crime 85
135	135	victim is implicated or at issue. 86
136	136	(6) "Victim's attorney" means an attorney retained by the 87
137	137	victim to assert the victim's constitutional and statutory 88
138	138	rights who is hired at the victim's expense or an attorney who 89
139	139	has agreed to provide pro bono representation. 90
140	140	Section 2. Section 960.00012, Florida Statutes, is created 91
141	141	to read: 92
142	142	960.00012 Rights a victim may opt to exercise.— 93
143	143	(1) A crime victim may elect to exercise any or all of the 94
144	144	following rights by providing or filing notice on a form 95
145	145	designated by the Attorney General to the state attorney or law 96
146	146	enforcement. 97
147	147	(a) The right to notice of court proceed ings. 98
148	148	Notwithstanding any rule of procedure to the contrary, the 99
149	149	right, upon request, to reasonable, accurate, and timely notice 100
150	150
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155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb1605-00
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158	158	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
159	159
160	160
161	161
162	162	of all public court proceedings involving the criminal conduct, 101
163	163	or delinquency, including, but not limited to, trial, plea, 102
164	164	sentencing, or adjudication, even if the victim will be a 103
165	165	witness at the proceeding. 104
166	166	1. If a victim has requested notice of a court proceeding 105
167	167	and the victim is absent from that proceeding and the court 106
168	168	determines the victim was not noticed of the time and place of 107
169	169	the court proceeding in a method reasonably designed to actually 108
170	170	notify the victim then only a status hearing may be held at such 109
171	171	time and all other matters must be continued to a later court 110
172	172	proceeding where the victim is noticed in a manner dir ected by 111
173	173	the court. 112
174	174	2. A victim shall also be provided reasonable, accurate, 113
175	175	and timely notice of any release or escape of the defendant or 114
176	176	delinquent, and any proceeding during which a right of the 115
177	177	victim is implicated. 116
178	178	(b) The right to be present at all court proceedings 117
179	179	except for grand jury proceedings. Notwithstanding any rule of 118
180	180	procedure or court practice to the contrary, every crime victim 119
181	181	has a right to be present, even if he or she will be a witness 120
182	182	in the proceeding. The right to be present is equal to that of 121
183	183	the defendant or the delinquent charged with the criminal 122
184	184	offense or delinquent act against the victim, to attend and 123
185	185	observe all court proceedings related to the case, including 124
186	186	suppression or other evidentiary hearings and the entire trial 125
187	187
188	188	HB 1605 2024
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190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb1605-00
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195	195	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
196	196
197	197
198	198
199	199	of the accused, including jury selection, witness examinations, 126
200	200	and closing arguments. 127
201	201	(c) The right to be heard in any public or court 128
202	202	proceeding including pretrial hearings or other release from any 129
203	203	form of legal constraint hearings, plea hearin gs, sentencing, 130
204	204	adjudication, or parole and any proceeding during which a right 131
205	205	of the victim is implicated. 132
206	206	1. Whenever a victim who is not incarcerated has the right 133
207	207	to be heard, the court, subject to the proper functioning of the 134
208	208	court, shall allow th e victim to exercise the right in any 135
209	209	reasonable manner the victim chooses. 136
210	210	2. In the case of an incarcerated victim, the right to 137
211	211	exercise the right to be heard is effectuated by submitting a 138
212	212	written statement at any crucial stage of the criminal court 139
213	213	proceedings, parole proceedings, or any administrative 140
214	214	proceedings. 141
215	215	(d) The right to a copy of the police report. Upon the 142
216	216	request of the victim, the law enforcement agency having 143
217	217	jurisdiction shall provide a free copy of the police report 144
218	218	concerning the victim's incident, as soon as practicable, but no 145
219	219	later than 5 business days after the request. The law 146
220	220	enforcement entity may redact any confidential information that 147
221	221	is confidential under the public records law. 148
222	222	(e) The right to confer with the state attorney concerning 149
223	223	any plea agreements, participation of the accused in a formal or 150
224	224
225	225	HB 1605 2024
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227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb1605-00
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232	232	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
233	233
234	234
235	235
236	236	informal pretrial diversion program, release, restitution, 151
237	237	sentencing, or any other disposition of the case. 152
238	238	1. The state attorney's office shall consider the written 153
239	239	victim impact statement, if prepared before entering into a plea 154
240	240	agreement, before making an offer of a plea bargain to the 155
241	241	defendant or entering into negotiations with the defendant 156
242	242	concerning a possible plea agreement. 157
243	243	2. The victim's right to confer wi th the state attorney 158
244	244	about the case does not include the right to veto a plea 159
245	245	agreement or require the case go to trial. 160
246	246	(f) The right to provide information regarding the impact 161
247	247	of the offender's conduct on the victim and the victim's family. 162
248	248	The state attorney shall inform the victim of the victim's right 163
249	249	to submit an oral or written impact statement pursuant to s. 164
250	250	921.143 and shall assist in the preparation of such statement if 165
251	251	necessary. The information provided by the victim shall be 166
252	252	considered in any sentencing recommendations submitted to the 167
253	253	court. 168
254	254	(g) The right to receive a copy of any presentence report, 169
255	255	and any other report or record relevant to the exercise of a 170
256	256	victim's right, except for any confidential information. 171
257	257	(h) The right to be informed of the conviction, sentence, 172
258	258	adjudication, place and time of incarceration or commitment in 173
259	259	any type of facility, or other disposition of the convicted 174
260	260	offender, any scheduled release date of the offender, and the 175
261	261
262	262	HB 1605 2024
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264	264
265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb1605-00
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269	269	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
270	270
271	271
272	272
273	273	release of or the escape of the offender from custody. 176
274	274	(i) The right to be informed of all postconviction 177
275	275	processes and court proceedings and procedures, to be notified, 178
276	276	to participate in such processes and procedures, either by being 179
277	277	heard in a trail court, filing amicus briefs that comply with 180
278	278	the appellate rules, or to appear before panels, commissions, or 181
279	279	boards to provide information to be considered before any 182
280	280	release decision is made and to be notified of any release 183
281	281	decision regarding the offender. The parole or early release 184
282	282	authority shall extend the right to be heard to any person 185
283	283	harmed by the offender. 186
284	284	(j) The right to be informed of clemency and discretionary 187
285	285	expungement procedures, not including those that may occur by 188
286	286	operation of law based on the passage of time, to provide 189
287	287	information to the governor, the court, any clemency board, and 190
288	288	other authority in these procedures, and to have such 191
289	289	information considered before a clemency or expungement decision 192
290	290	is made; and to be notified of such decision in advance of any 193
291	291	release of the offender. 194
292	292	(2) The rights of the victim, as provided in paragraph 195
293	293	(1)(a), paragraph (1)(b), or paragraph (1)(c), when the court 196
294	294	proceeding is a first appearance hearing, will be deemed to be 197
295	295	satisfied by a reasonable attempt by the appropria te agency to 198
296	296	notify the victim and if known, when the victim's views are 199
297	297	conveyed to the court timely if the victim is unable to attend. 200
298	298
299	299	HB 1605 2024
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303	303	CODING: Words stricken are deletions; words underlined are additions.
304	304	hb1605-00
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306	306	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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308	308
309	309
310	310	Section 3. Section 960.00014, Florida Statutes, is created 201
311	311	to read: 202
312	312	960.00014 Duty to provide victims with notice of their 203
313	313	rights.— 204
314	314	(1) Victims have a right to be informed of their rights 205
315	315	under s. 16(b), Art. I of the State Constitution and Florida 206
316	316	law, and to be informed that they may seek the advice of an 207
317	317	attorney with respect to their rights. 208
318	318	(a) The office of Attorney General shall design and 209
319	319	publish information that advises the general public and crime 210
320	320	victims about their rights. This information shall be made 211
321	321	available to the general public and provided to all crime 212
322	322	victims in the form of a card, or by othe r means, intended to 213
323	323	effectively advise the victim of their rights for use by law 214
324	324	enforcement or other entities assisting victims. The victim 215
325	325	right's card or other notification should advise victims where 216
326	326	they can acquire additional information about their rights, how 217
327	327	to make elections to exercise optional rights, provide 218
328	328	information about crime victim compensation, including how to 219
329	329	contact the Office of the Attorney General to file a claim, and 220
330	330	appropriate referrals to local and state programs that provide 221
331	331	victim services. 222
332	332	(b) A law enforcement agency that investigates an offense 223
333	333	committed in this state shall provide a crime victim with a copy 224
334	334	of the victim rights card and an explanation of the rights of 225
335	335
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340	340	CODING: Words stricken are deletions; words underlined are additions.
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343	343	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
344	344
345	345
346	346
347	347	crime victims within 48 hours of law enforcement's initial 226
348	348	contact with a victim. The law enforcement agency shall also 227
349	349	provide a crime victim with a form that the victim shall sign 228
350	350	and date as an acknowledgement that he or she has been furnished 229
351	351	with information and an explanation of the rights of crime 230
352	352	victims and compensation. If the victim chooses not to sign the 231
353	353	form, a notation shall be made in a report. 232
354	354	(c) The elected state attorneys shall design a form that 233
355	355	may be used by victims to make elections about which rights they 234
356	356	may wish to exercise. T he completed election of rights form 235
357	357	shall be filed with the court and will be available to the trial 236
358	358	judge. The form may be amended at any time. The state attorneys 237
359	359	shall make the form available to victims, law enforcement, 238
360	360	clerks of court, and state and local programs that provide 239
361	361	victim services. The form may also be available for download on 240
362	362	state attorney websites or the websites of other criminal 241
363	363	justice system participants. 242
364	364	(2) At any point, the victim has the right to retain a 243
365	365	victim's attorney who may be present with the victim during all 244
366	366	stages of any interview, investigation, or other interaction 245
367	367	with representatives of the criminal justice system the victim 246
368	368	is required to participate. The victim's attorney also has the 247
369	369	right to be present at a ny proceeding or other event, either 248
370	370	with the victim or on behalf of the victim, which the victim may 249
371	371	be present. Treatment of the victim should not be affected or 250
372	372
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380	380	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
381	381
382	382
383	383
384	384	altered in any way as a result of the victim's decision to 251
385	385	exercise this right. 252
386	386	(a) An attorney wishing to appear on behalf of a victim 253
387	387	shall file a limited notice of appearance allowing the attorney 254
388	388	to assert and protect the victim's rights. 255
389	389	(b) Upon the filing of the notice of appearance and 256
390	390	service on the state attorney and the defendant, the victim's 257
391	391	attorney is to receive copies of all notices, motions and court 258
392	392	orders filed thereafter in the case through the court's 259
393	393	electronic filing system. 260
394	394	(3) The victim, the retained attorney of the victim, a 261
395	395	lawful representative of the victim, th e parents of a minor 262
396	396	victim, or the office of the state attorney upon request of the 263
397	397	victim, have standing and may assert and seek enforcement of the 264
398	398	rights enumerated in s. 16(b), Art. I of the State Constitution, 265
399	399	this chapter, or any other right afforded to a victim by law in 266
400	400	any trial or appellate court, or before any other authority with 267
401	401	jurisdiction over the case, as a matter of right. 268
402	402	(4) The defendant in the criminal case has no standing to 269
403	403	assert a right of the victim in any court proceeding, inc luding 270
404	404	on appeal. 271
405	405	Section 4. Paragraphs (a) and (b) of subsection (1) of 272
406	406	section 960.001, Florida Statutes, are amended to read: 273
407	407	960.001 Guidelines for fair treatment of victims and 274
408	408	witnesses in the criminal justice and juvenile justice systems. — 275
409	409
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417	417	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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421	421	(1) The Attorney General Department of Legal Affairs , the 276
422	422	state attorneys, the Secretary Department of Corrections, the 277
423	423	Secretary Department of Juvenile Justice, the Florida Commission 278
424	424	on Offender Review, the Chief Justice of the Supreme Court State 279
425	425	Courts Administrator and the chief judge of each circuit court 280
426	426	administrators, the executive director of the Department of Law 281
427	427	Enforcement, and every sheriff sheriff's department , police 282
428	428	department, or other law enforcement agency as defined in s. 283
429	429	943.10(4) shall develop, publish, post on any agency or court 284
430	430	entity website, and implement guidelines for the use of their 285
431	431	respective agencies, which guidelines are consistent with the 286
432	432	purposes of this act and s. 16(b), Art. I of the State 287
433	433	Constitution and are de signed to implement s. 16(b), Art. I of 288
434	434	the State Constitution and to achieve the following objectives: 289
435	435	(a) Information concerning services available to victims 290
436	436	of adult and juvenile crime. —As provided in s. 27.0065, state 291
437	437	attorneys and public defenders shall gather information 292
438	438	regarding the following services in the geographic boundaries of 293
439	439	their respective circuits and shall provide such information to 294
440	440	each law enforcement agency with jurisdiction within such 295
441	441	geographic boundaries. Law enforcement perso nnel shall ensure, 296
442	442	through distribution of a Marsy's victim's rights information 297
443	443	card or brochure at the crime scene, during the criminal 298
444	444	investigation, and in any other appropriate manner, that victims 299
445	445	are given, as a matter of course at the earliest poss ible time, 300
446	446
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454	454	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
455	455
456	456
457	457
458	458	information about: 301
459	459	1. The availability of crime victim compensation, if 302
460	460	applicable; 303
461	461	2. Crisis intervention services, supportive or bereavement 304
462	462	counseling, social service support referrals, and community -305
463	463	based victim treatment programs; 306
464	464	3. The role of the victim in the criminal or juvenile 307
465	465	justice process, including what the victim may expect from the 308
466	466	system as well as what the system expects from the victim; 309
467	467	4. The stages in the criminal or juvenile justice process 310
468	468	which may be are of the greatest significance or interest to the 311
469	469	victim and the manner in which information about such stages can 312
470	470	be obtained; 313
471	471	5. The right of a victim, who is not incarcerated, 314
472	472	including the victim's parent or guardian if the victim is a 315
473	473	minor, the lawful repr esentative of the victim or of the 316
474	474	victim's parent or guardian if the victim is a minor, and the 317
475	475	next of kin of a homicide victim, upon request, to be informed, 318
476	476	to be present, and to be heard at all stages of a criminal or 319
477	477	juvenile proceedings proceeding as provided by s. 16(b), Art. I 320
478	478	of the State Constitution; 321
479	479	6. In the case of incarcerated victims, the right, upon 322
480	480	request, to be informed and to submit written statements at all 323
481	481	stages of the criminal proceedings, parole proceedings, or 324
482	482	juvenile proceedings; 325
483	483
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488	488	CODING: Words stricken are deletions; words underlined are additions.
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491	491	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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495	495	7. The right of a victim to a prompt and timely 326
496	496	disposition of the case in order to minimize the period during 327
497	497	which the victim must endure the responsibilities and stress 328
498	498	involved; and 329
499	499	8. The right of a victim to employ private counsel. The 330
500	500	Florida Bar is encouraged to develop a registry of attorneys who 331
501	501	are willing to serve on a pro bono basis as advocates for crime 332
502	502	victims. 333
503	503	(b) Information for purposes of notifying victim or 334
504	504	appropriate next of kin of victim or other designated contact of 335
505	505	victim.—In the case of a homicide, pursuant to chapter 782; or a 336
506	506	sexual offense, pursuant to chapter 794; or an attempted murder 337
507	507	or sexual offense, pursuant to chapter 777; or stalking, 338
508	508	pursuant to s. 784.048; or domestic violence, pursuant to s. 339
509	509	25.385: 340
510	510	1. The arresting law enforcement officer or personnel of 341
511	511	an organization that provides assistance to a victim or to the 342
512	512	appropriate next of kin of the victim or other designated 343
513	513	contact must request that the victim or appropriate next of kin 344
514	514	of the victim or other designated contact complete a victim 345
515	515	notification card. However, the victim or appropriate next of 346
516	516	kin of the victim or other designated contact may choose not to 347
517	517	complete the victim notification card. 348
518	518	2. Unless the victim or the appropriate next o f kin of the 349
519	519	victim or other designated contact waives the option to complete 350
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524	524
525	525	CODING: Words stricken are deletions; words underlined are additions.
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528	528	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
529	529
530	530
531	531
532	532	the victim notification card, a copy of the victim notification 351
533	533	card must be filed with the incident report or warrant in the 352
534	534	sheriff's office of the jurisdiction in which the in cident 353
535	535	report or warrant originated. The notification card shall, at a 354
536	536	minimum, consist of: 355
537	537	a. The name, address, and phone number of the victim; or 356
538	538	b. The name, address, and phone number of the appropriate 357
539	539	next of kin of the victim; or 358
540	540	c. The name, address, and telephone number of a designated 359
541	541	contact other than the victim or appropriate next of kin of the 360
542	542	victim; and 361
543	543	d. Any relevant identification or case numbers assigned to 362
544	544	the case. 363
545	545	e. The victim information card is confidential unless the 364
546	546	court, upon motion, makes all or part of the information on the 365
547	547	card available to the defense. 366
548	548	3. The chief administrator, or a person designated by the 367
549	549	chief administrator, of a county jail, municipal jail, juvenile 368
550	550	detention facility, or residential commi tment facility shall 369
551	551	make a reasonable attempt to notify the alleged victim or 370
552	552	appropriate next of kin of the alleged victim or other 371
553	553	designated contact within 4 hours following the release of the 372
554	554	defendant on bail or, in the case of a juvenile offender, u pon 373
555	555	the release from residential detention or commitment. If the 374
556	556	chief administrator, or designee, is unable to contact the 375
557	557
558	558	HB 1605 2024
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560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
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565	565	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
566	566
567	567
568	568
569	569	alleged victim or appropriate next of kin of the alleged victim 376
570	570	or other designated contact by telephone, the chief 377
571	571	administrator, or designee, must send to the alleged victim or 378
572	572	appropriate next of kin of the alleged victim or other 379
573	573	designated contact a written notification of the defendant's 380
574	574	release. 381
575	575	4. Unless otherwise requested by the victim or the 382
576	576	appropriate next of kin of the victim or other designated 383
577	577	contact, the information contained on the victim notification 384
578	578	card must be sent by the chief administrator, or designee, of 385
579	579	the appropriate facility to the subsequent correctional or 386
580	580	residential commitment facility following the sentencing and 387
581	581	incarceration of the defendant, and unless otherwise requested 388
582	582	by the victim or the appropriate next of kin of the victim or 389
583	583	other designated contact, he or she must be notified of the 390
584	584	release of the defendant from incarceration as provided by law. 391
585	585	5. If the defendant was arrested pursuant to a warrant 392
586	586	issued or taken into custody pursuant to s. 985.101 in a 393
587	587	jurisdiction other than the jurisdiction in which the defendant 394
588	588	is being released, and the alleged victim or appropriate next of 395
589	589	kin of the alleged victim or other designated contact does not 396
590	590	waive the option for notification of release, the chief 397
591	591	correctional officer or chief administrator of the facility 398
592	592	releasing the defendant shall make a reasonable attempt to 399
593	593	immediately notify the chief correctional officer of the 400
594	594
595	595	HB 1605 2024
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597	597
598	598
599	599	CODING: Words stricken are deletions; words underlined are additions.
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602	602	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
603	603
604	604
605	605
606	606	jurisdiction in which the warrant was issued or the juvenile was 401
607	607	taken into custody pursuant to s. 985.101, and the chief 402
608	608	correctional officer of that jurisdiction shall make a 403
609	609	reasonable attempt to notify the alleged vict im or appropriate 404
610	610	next of kin of the alleged victim or other designated contact, 405
611	611	as provided in this paragraph, that the defendant has been or 406
612	612	will be released. 407
613	613	Section 5. Section 960.0015, Florida Statutes, is amended 408
614	614	to read: 409
615	615	(Substantial rewording o f section. See 410
616	616	s. 960.0015, F.S., for present text.) 411
617	617	960.0015 Victim's right to a prompt and final conclusion; 412
618	618	reporting requirements. — 413
619	619	(1) Section 16(b)(10), Art. I of the State constitution 414
620	620	ensures for victims the right of a victim to a prompt and ti mely 415
621	621	disposition of a criminal proceeding, thus minimizing the period 416
622	622	during which the victim must endure hardships and 417
623	623	responsibilities resulting from participating in a criminal 418
624	624	proceeding, including the stress, cost, and inconvenience 419
625	625	resulting to the victim. To protect and enforce this right to a 420
626	626	prompt and final conclusion of the case and any related 421
627	627	postjudgment proceedings, delays shall be limited to only those 422
628	628	necessary to protect the due process rights of the parties. 423
629	629	Therefore, delays shall be mon itored and documented in order to 424
630	630	provide accountability and transparency to the public, victims, 425
631	631
632	632	HB 1605 2024
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634	634
635	635
636	636	CODING: Words stricken are deletions; words underlined are additions.
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639	639	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
640	640
641	641
642	642
643	643	and policy makers. 426
644	644	(a) If the defendant's attorney determines that the 427
645	645	interest of the accused is so adverse or hostile, or that a 428
646	646	conflict of interest exi sts in continuing the representation of 429
647	647	the accused pursuant to s. 27.5303, the attorney shall, within a 430
648	648	reasonable time, not to exceed 10 days after the facts 431
649	649	supporting the motion are known or should have been known, file 432
650	650	a motion to withdraw. 433
651	651	(b) The attorney may request an in camera or ex parte 434
652	652	hearing to establish the grounds creating the conflict 435
653	653	consistent with s. 27.5303. The court may not consider any 436
654	654	information alleged or established in support of a motion to 437
655	655	withdraw for any purpose other than deciding the motion to 438
656	656	withdraw. 439
657	657	(2) At the trial court level, the state attorney may file 440
658	658	a good faith demand for a speedy trial attesting that the state 441
659	659	attorney believes the case is ready to proceed to trial. 442
660	660	(a) Once the demand is filed the trial court shall notice, 443
661	661	schedule, and hold a hearing on the demand within 15 days of the 444
662	662	filing of the demand. 445
663	663	(b) At the hearing the trial court shall either: 446
664	664	1. Schedule a trial to commence on a date at least 5 days 447
665	665	but no more than 60 days after the da te of the hearing unless 448
666	666	the state and defense agree to a date outside of the time 449
667	667	parameters; or 450
668	668
669	669	HB 1605 2024
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671	671
672	672
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676	676	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
677	677
678	678
679	679
680	680	2. Deny the state attorney's demand for speedy trial by 451
681	681	entering a written order with specific findings of fact 452
682	682	justifying a trial date more than 60 days a fter the hearing. 453
683	683	(3) At the appellate court level, s. 16(b)(10)b., Art. I 454
684	684	of the State Constitution establishes the goal that all appeals 455
685	685	from a final judgment and sentence, including any collateral 456
686	686	attacks on the final judgment and sentence be complet e within 2 457
687	687	years from the date of appeal in noncapital cases and within 5 458
688	688	years from the date of appeal in capital cases. Based on the 459
689	689	State Constitution the following reporting requirements are 460
690	690	established: 461
691	691	(a) Notice of Delay. —When the appeal or collat eral attack 462
692	692	is not final within 2 years for a noncapital case or within 5 463
693	693	years in a capital case the chief judge of any district court of 464
694	694	appeal or the Chief Justice of the supreme court shall enter a 465
695	695	Notice of Delay in the case setting forth the date of filing the 466
696	696	appeal, the type of appeal, and the reason or reasons for the 467
697	697	failure to meet the time goals of this subsection. The Notice of 468
698	698	Delay shall be filed and served on the state, the defense, and 469
699	699	the victim, if the victim requested notice, within 30 d ays after 470
700	700	the applicable time period has expired. 471
701	701	(b) Aging Report.—By January 15 of each year, the chief 472
702	702	judge of each district court of appeal and the Chief Justice of 473
703	703	the supreme court shall issue an aging report on a case -by-case 474
704	704	basis to the Preside nt of the Senate and the Speaker of the 475
705	705
706	706	HB 1605 2024
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708	708
709	709
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713	713	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
714	714
715	715
716	716
717	717	House of Representatives listing all cases where the court: 476
718	718	1. Previously entered a Notice of Aging, or cases where 477
719	719	the notice of appeal was filed before December 31, 2016, for 478
720	720	noncapital cases, or before December 31, 2013, for capital 479
721	721	cases; and 480
722	722	2. Where the case still remains pending as of the January 481
723	723	15 reporting date. 482
724	724	3. The Aging Report shall include the filing date of the 483
725	725	pending appeal, the reason or reasons the chief judge or the 484
726	726	Chief Justice determin ed have caused the delay, and any 485
727	727	suggested actions the Legislature might take to address the 486
728	728	reasons for delay thus helping achieve these time goals. 487
729	729	4. Any case that appears in an Aging Report, that also 488
730	730	appeared on the previous January's Aging Report must include an 489
731	731	itemization of all judicial actions taken on the case during the 490
732	732	last year and a notation made of any measurable progress on the 491
733	733	case during that time period. 492
734	734	5. If the Attorney General, the applicable office of the 493
735	735	public defender, or any other government entity is listed as a 494
736	736	cause of, or a contributor to the delay, that entity shall have 495
737	737	30 days after a district court of appeal or the Supreme Court 496
738	738	files an Aging Report to file a response to the report providing 497
739	739	any information the of fice of Attorney General, office of public 498
740	740	defender or other governmental agency deems beneficial. A copy 499
741	741	of the response must be served on the President of the Senate 500
742	742
743	743	HB 1605 2024
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745	745
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750	750	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
751	751
752	752
753	753
754	754	and the Speaker of the House of Representatives. 501
755	755	Section 6. Section 960.0021, Florid a Statutes, is amended 502
756	756	to read: 503
757	757	960.0021 Legislative intent; advisement to victims. — 504
758	758	(1) The Legislature finds that in order to ensure that 505
759	759	crime victims can effectively understand and exercise their 506
760	760	rights under s. 16, Art. I of the State Constitution , and to 507
761	761	promote law enforcement that considers the interests of crime 508
762	762	victims, victims must be properly advised in the courts of this 509
763	763	state. 510
764	764	(2) The courts may fulfill their obligation to advise 511
765	765	crime victims by doing one of the following: 512
766	766	(a) Making the following announcement at any arraignment, 513
767	767	sentencing, or case-management proceeding: 514
768	768	"If you are the victim of a crime with a case pending before 515
769	769	this court, you are advised that you have the right, upon 516
770	770	request: 517
771	771	1. To be informed. 518
772	772	2. To be present. 519
773	773	3. To be heard at all stages of criminal court 520
774	774	proceedings. 521
775	775	4. To receive advance notification, when possible, of 522
776	776	judicial proceedings and notification of scheduling 523
777	777	changes, pursuant to section 960.001, Florida Statutes. 524
778	778	5. To seek crimes compensation and restitution. 525
779	779
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783	783
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787	787	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
788	788
789	789
790	790
791	791	6. To consult with the state attorney's office in certain 526
792	792	felony cases regarding the disposition of the case. 527
793	793	7. To make an oral or written victim impact statement at 528
794	794	the time of sentencing of a defendant. 529
795	795	For further information regarding additional rights afforded to 530
796	796	victims of crime, you may contact the state attorney's office or 531
797	797	obtain a listing of your rights from the Clerk of Court." 532
798	798	(b) Displaying prominently on the courtroom doors posters 533
799	799	giving notification of the existence and general provisions of 534
800	800	this chapter. The Attorney General Department of Legal Affairs 535
801	801	shall provide the courts with the posters specified by this 536
802	802	paragraph. 537
803	803	(3) The chief judge of the circuit court administrator 538
804	804	shall coordinate efforts to ensure that victim rights 539
805	805	information, as established in s. 16(b), Art. I of the State 540
806	806	Constitution and Florida law s. 960.001(1)(o), is provided to 541
807	807	the clerk of the court . 542
808	808	(4) This section is only for the benefit of crime victims. 543
809	809	Accordingly, a failure to comply with this section shall not 544
810	810	affect the validity of any hearing, conviction, or sentence. 545
811	811	Section 7. This act shall take effect July 1, 2024. 546