State Legislative Priorities

2010 Legislative Wrap-Up

Rape Crisis Centers Maintain Level Funding
Priority Legislation
            Statute of Limitations
            Sex Offender Management
            Augmenting the RCP Trust Fund
            SAAM Resolutions
Other Legislation that Passed
Other Legislation that Failed

The Budget:
2010 was a tough budget year for Florida with legislators facing the largest budget shortfall in the state’s history. Legislators passed a 70 billion budget that relied on spending cuts, federal stimulus, a gaming compact with the Seminole Tribe of Florida, and around $400 million in trust fund sweeps. Cuts to programs impacting Florida’s most vulnerable include:

$10 million cut to Healthy Families, which prevents child abuse and neglect. Approximately 4,500 families are expected to be dropped from the program.

$14.4 million cut to adoption subsidies to families that adopt foster children.

$2.6 million cut to Healthy Start coalitions, serving at-risk pregnant women and infants.

Rape Crisis Centers Maintain Level Funding

Despite budget cut to human services, rape crisis centers received level funding with $250,000 in non-recurring general revenue in the Department of Legal Affairs and no cuts or sweeps to the rape crisis program trust fund in the Department of Health. FCASV pro bono lobbyist Ron Book and Senator Arthenia Joyner (D-Tampa) remained ardent champions for sexual assault funding. Coverage of sexual assault funding issues by Dara Kam of the Palm Beach Post ensured that rape crisis center funding was on the radar of Senate President Jeff Atwater.

FCASV Priority Legislation

Statute of Limitations for Victims of Sexual Battery under 16 Eliminated
HB 525 by Rep. Chris Dorworth (R-Heathrow)
SB 870 by Sen. Dave Aronberg (D-Greenacres)
FCASV worked along side survivor activists Michael Dolce, Lauren Book-Lim, and Ron Book and sponsors Rep. Dorworth and Senator Aronberg to ensure passage of HB 525 eliminating the statute of limitations in both criminal and civil cases of sexual battery on a victim under 16. This legislation will only apply to cases in which the statute of limitations had not already run out before July 1, 2010. Changing the statute of limitations retrospectively would likely be found unconstitutional. Advocates were successful in warding of amendments by the Florida Catholic Conference to weaken provisions related to a victim’s ability to sue a negligent institution. This is an amazing symbolic victory for past victims of sexual violence who have seen offenders escape justice and other potential victims left previously unprotected by Florida law. The legislation also sends the message to institutions that the state of Florida will not tolerate the willful failure to protect children. This legislation will take effect July 1, 2010.

Legislation to Improve Management of Sex Offenders Passes
HB 119 by Rep. Rich Glorioso (R-Plant City)
SB 1284 by Sen. Dave Aronberg (D-Greenacres) and Senator Victor Crist (R-Tampa)
This legislation, filed for the last several years and passed this year, led to significant discussions by sponsors, legislators, victims, victim advocates and civil liberties advocates during the 2010 session about the efficacy of residency restrictions and several other important aspects of sex offender management. The legislation included a new, uniform definition of qualified practitioner for purposes of evaluating and treating sex offenders, an FCASV priority, as well creating “child safety zones” and several other provisions. This legislation took effect on May 26, 2010.

Major Provisions:
Child Safety Zones
Residency Restrictions
Qualified Practitioners
Additional Provisions

Creation of Child Safety Zones:
Issue Background
Rep. Glorioso has filed and advocated legislation for the last several years to create child safety zones noting that "it’s equally if not more important to address where sex offenders go during the day than to limit where they sleep."

Legislative Changes
The bill creates restrictions for a person convicted of an offense listed in the sexual offender statute where the victim was under the age of 18 by making it a first degree misdemeanor to:

• Commit loitering or prowling within 300 feet of a place where children are congregating
• Knowingly approach, contact or communicate with a child under 18 years of age in any public park or playground with intent to engage in conduct of a sexual nature, or to make a communication of any type containing any content of a sexual nature.
• Knowingly be present in any child care facility or pre-K-12 school when the child care facility or school is in operation unless the offender has provided written notification of his or her intent to be present to the school board, superintendent, principal or child care facility owner:

The bill also prohibits offenders on supervision for sexual offenses from:

• Visiting schools, child care facilities, parks and playgrounds without prior approval of the offender’s supervising officer.
• Distributing candy or other items to children on Halloween, wearing a Santa Claus, Easter Bunny or clown costume, or entertaining at children’s parties without prior approval.

Residency Restrictions:
Issue Background
During the 2004 legislative session, s. 794.065, F.S. was created which made it unlawful for a person convicted on or after October 1, 2004 (the effective date of the law) of a specified sexual battery or lewd or lascivious offense, against a victim under the age of 16 from living within 1,000 feet of a school, day care center, park or playground.

In recent years, a large number of cities and counties throughout the state have passed local ordinances designed to restrict where people who have been convicted of a sexual offense can live. According to the Department of Corrections, as of October 19, 2009, there were 148 such local ordinances. Generally, the ordinances extend the distance from 1,000 feet to 2,500 feet or more. Many of the ordinances also prohibit an offender from living within a certain distance of places such as libraries, churches and bus stops that are not included in the state statute.

Press coverage has documented that many local residency exclusions make it significantly more difficult for a sexual offender to obtain a legal residence. In Miami-Dade County, a varying number of sexual offenders had reported their address as underneath the Julia Tuttle Bridge.

This legislation initially preempted local ordinances but the preemption issue and several possible compromises were ultimately removed.

FCASV has publicly expressed concern about the efficacy of residency restrictions including concerns that housing instability may

• decrease the ability of law enforcement to manage sex offenders and make offenders more challenging to track
• Increasing the likelihood that an offender would re-offend.
• Lead to “clustering” of sex offenders in neighborhood already experiencing significant stressors.

Legislative Changes

The bill:

• Makes it a crime for any person who has been convicted, on or after the effective date of the bill, of an offense in another jurisdiction that is substantially similar to reside within 1,000 feet of any school, child care facility, park or playground.
• Provides that the residency restrictions do not apply to those that have been removed from the requirement to register as a sexual offender or sexual predator.
• provides a “grandfather clause” specifying that an offender who is subject to the residency restrictions does not violate the restriction and cannot be forced to move if the offender is living in a residence that is not within 1,000 feet of a prohibited location and a school, child care facility, park or playground is subsequently established within 1,000 feet of the offender’s residence.

Evaluation and Treatment of Sex Offenders by Qualified Practitioners:
Issue Background
Ensuring that sex offenders are evaluated and treated by practitioners with expertise in this area has been a legislative priority for FCASV for several years due to both public safety and victim safety concerns. In 2005, FCASV, working in collaboration with the Florida Association for the Treatment of Sexual Abusers (FATSA), successfully worked on the passage of legislation to require the boards of psychology, psychiatry, marriage and family therapy, mental health counseling and social work to develop rules governing the experience and training of professionals providing evaluation and treatment of sex offenders. During the 2008 legislative session, the Florida Psychological Association and the Florida Psychiatric Society added an amendment to an unrelated bill to do away with this requirement. FCASV convened and facilitated a workgroup of all interested parties during the summer of 2009 to try and reach a compromise. As a result, FCASV successfully advocated for the inclusion of an amendment in this legislation to define qualified practitioner; require the boards of marriage and family therapy, mental health counseling and social work to establish rule for the qualifications and training of these professionals to evaluate and treat sex offenders; and ensure that those providing evaluation and treatment services are qualified practitioners.

Legislative Changes
Current law mandates that courts require a diagnosis and evaluation to determine the need of certain probationers or community controlees for treatment. If the court determines that such a need is established by the diagnosis and evaluation process, the court must require outpatient counseling as a term or condition of probation or community control for any person who was found or pled guilty to sexual battery, a lewd or lascivious offense, exploitation of a child or prostitution.

The bill:

• Amends this provision to remove reference to the court requiring a “diagnosis” of the probationer or community controlee and retains the reference to an “evaluation.”  requires that the evaluation be conducted by a qualified practitioner.
• Removes reference to the court requiring “outpatient” treatment and instead refers to “sexual offender treatment.”
• Alters the offenses for which this treatment can be ordered, if needed, to include any offense for which a person is required to register as a sexual predator or sexual offender.
• Requires that treatment be obtained from a qualified practitioner as defined in s. 948.001, F.S. Treatment may not be administered by a qualified practitioner who has been convicted or adjudicated delinquent of committing an offense listed in the sexual offender statute.
• Provides that the court must impose restrictions against contact with minors if sex offender treatment is recommended.
• defines the term “qualified practitioner” as a social worker, mental health counselor, or a marriage and family therapist licensed under ch. 491 who, as designated by rule of the respective boards, has the coursework, training, qualifications, and experience to evaluate and treat sexual offenders; or a psychiatrist licensed under chapter 458 or 459; or a psychologist licensed under chapter 490.

The bill also amends conditions of supervision by:

• Prohibiting contact with a victim unless approved by the victim, the sentencing court, and by a qualified practitioner in the sexual offender treatment program.
• Specifying that a qualified practitioner in the sex offender treatment plan must approve and implement a safety plan allowing an offender to access or use the Internet.

Additional Provisions:

“Transient Residence”:
The bill adds a definition of the term “transient residence” to the sexual predator and sexual offender registration statutes and requires an offender to provide information regarding his or her transient residence during the registration process.

Search of Registration Information:
When the court places a defendant on misdemeanor probation, the public or private entity providing probation services must conduct a search of the probationer’s name or other identifying information against the registration information regarding sexual predators and sexual offenders maintained by FDLE. The bill requires that the probation service also search the probationer’s name through the Dru Sjodin National Sex Offender Registry maintained by the United States Department of Justice.

Polygraph Examination:
The bill requires that the polygraph examiner be a member of a national or state polygraph association and be certified as a post conviction sex offender polygrapher, where available. The bill also provides that the results of the polygraph examination must be provided to the probationer’s or community controlee’s probation officer and qualified practitioner.

Augmenting the Rape Crisis Program Trust Fund
HB 229 by Rep. Evan Jenne (D-Ft. Lauderdale)
SB 400 by Sen. Mike Fasano (R-Port Richey)

This legislation sought to add the mandatory rape crisis program trust fund fine to several additional sexual violence related crimes including sex offender registry offenses, trafficking, voyeurism, exposure and certain prostitution offenses in hopes of offsetting decreasing collections to the trust fund. SB 400 passed the Senate on April 23^rd. HB 229 unanimously passed the House Criminal and Civil Justice Appropriations Committee on March 26, 2010 but failed to make additional progress and ultimately died in the House Committee on Public Safety. During initial committee hearings in both the House and Senate, the legislation was amended to include a fine increase for the domestic violence trust fund, a priority of the Florida Coalition Against Domestic Violence (FCADV). This amendment effectively combined HB 917 by Rep. Kelly with HB 229. FCASV and FCADV worked closely together for passage of this legislation. 

Sexual Assault Awareness Month Resolutions
HB 9063 by Rep. Bill Proctor (R-St. Augustine)
SB 2782 by Sen. Mike Fasano (R-Port Richey)
The Senate SAAM resolution passed on April 8^th, and the House SAAM resolution passed on April 20^th with 116 co-sponsors. Moving testimony honoring the work of FCASV and Lauren Book-Lim through Lauren’s Kids accompanied the passage of the resolutions in both the House and Senate chambers.

Other legislation related to sexual violence that passed:

Background Screening
HB 7069 by the Criminal and Civil Justice Policy Council, Rep. Will Snyder (R-Stuart) and Rep. Ari Porth (D-Coral Springs)
SB 1520 by Sen. Ronda Storms (R-Brandon)
A series by the Sun-Sentinel in September 2009 revealed thousands of exemptions to the state’s background screening requirements for work with children and vulnerable adults. Many of the workers with previous criminal backgrounds who received exemptions went on to commit new crimes—many of them drug and theft related—but including sexually violent offenses.

This legislation substantially rewrites requirements and procedures for background screening of the persons and businesses that deal primarily with vulnerable populations including children, the elderly, and people with disabilities. Key changes made by the bill include:

• A requirement that no person required to be screened may begin work until the screening has been completed.
• Increasing all Level 1 screening (name-based check of state records) to Level 2 screening (fingerprint-based screening of state and federal records). Types of employers and volunteers who will move from Level 1 to Level 2 screening as a result of this legislation include guardians ad litem, home health aides, summer day camp personnel, assisted living personnel, adult day care personnel and others.
• Tightening screening requirements on volunteers working with vulnerable populations.
• Requiring all fingerprints to be submitted electronically by July 1, 2012.
• Adding additional serious crimes to the list of disqualifying offenses.
• Authorizing agencies to request the retention of fingerprints by the Florida Department of Law Enforcement.
• Providing that an exemption for a disqualifying felony may not be granted until at least three years after the completion of all sentencing sanctions for that felony and that all exemptions from disqualification be granted only by the agency head.

FCASV testified in support of this legislation which was signed by the Governor on May 26^th and takes effect August 1, 2010.

Dating Violence Prevention Education
HB 467 by Rep. Mia Jones (D-Jacksonville) 
SB 0642 by Sen. Christopher Smith (D-West Palm Beach) 
This legislation requires teen dating violence and abuse prevention education to be included in comprehensive health education for public schools in grades 7-12. The curriculum would provide information on warning signs, definitions of healthy relationships, measures to stop and prevent abuse, helpful resources, and legal remedies. Each school district would also create its own teen dating violence and abuse policy which would prohibit dating violence and abuse, give a list of procedures for handling abuse, provide a definition of teen dating violence and abuse, and create an education plan focused on prevention. FCASV asked for an amendment to this bill to specifically include sexual violence but this language was not included. This legislation takes effect July 1, 2010.

Reorganization of the Department of Health (DOH)
HB 5311 by the Healthcare Appropriations Committee and Rep. Denise Grimsley (R-Sebring)
This major legislation, a priority of the Speaker of the House, was significantly pared down from its original version. Initially, the legislation eliminated many of the chronic disease, prevention and public awareness aspects of the Department’s work and FCASV testified against this version. The final version of the legislation contains a broad array of provisions but the most pertinent include:

• Limiting the DOH to initiating new programs only when expressly authorized by the Legislature or Legislative Budget Commission.  
• Requiring notification of the Governor and Legislature before applying for any continuation grants over $50,000.  
• Requiring the DOH to conduct a thorough evaluation and justification review of all divisions including whether or not the functions of each division could be performed more efficiently or effectively by another agency or private entity by March 1, 2011. 

Adult Protective Services
HB 91 by Rep. John Wood (R-Haines City) 
SB 336 by Sen. Ronda Storms (D-Brandon) 
As a result of this legislation, The Florida Abuse Hotline will report suspected abuse of “vulnerable adults” to the county sheriff’s office when an alleged abuser is not a family member, caretaker, or household member to ensure a response to these cases of abuse. The Department of Children and Families will also file guardianship petitions to protect vulnerable adults by determining incapacity when they cannot consent to adult protective services. The legislation also gives the department access to the records of Department of Highway Safety and Motor Vehicles to aid in protective investigations and takes effect July 1, 2010.

Health Care/Abortion
HB 1143 by Rep. Matt Hudson (R-Naples)
SB 2434 by Sen. Andy Gardiner (R-Orlando)
During the waning days of legislative session, this legislation dealing with several general aspect of health care regulation was amended to require that an ultrasound be performed on any woman obtaining an abortion. The legislation further requires that the ultrasound be reviewed with the patient prior to the woman giving informed consent and requiring that the woman certify in writing that she declined to review the ultrasound. While an exemption for victims of rape is included, it requires a high burden of proof on the victim. In order to qualify for the exemption, victims would have to produce an injunction, police report, medical record or other court document. HB 1143 was never heard in committee during the 2010 session, but FCASV testified against similar legislation during the 2009 session. Governor Crist vetoed this legislation.

Athletic Coaches
HB 59 by Rep. Joe Gibbons (D-Pembroke Park)
SB 150 by Sen. Jeremy Ring (D-Margate) 
This legislation requires sanctioning authorities of youth athletic leagues to screen coaches through state and federal sex offender registries. If the athletic league is sued for the conduct of a coach they screened, the legislation creates a “rebuttable presumption” that the league was not negligent. FCASV advocated for a stronger background screening process in the bill, and the bill that originally passed the Senate was more comprehensive. The House weakened the language, and this was the version that ultimately passed and will take effect July 1, 2010.  

Corrections   
HB 1005 by Rep. Doug Holder (R-Sarasota) 
SB 0960 by Sen. Paula Dockery (R-Lakeland) 
This legislation takes effect July 1, 2010 and has a number of provisions dealing with corrections. Three provisions address issues of sexual violence:

• Ensuring that sexual misconduct by private prison personnel is a third degree felony.
• Requiring information about an inmate who has committed sexual battery and is being released to be electronically provided to law enforcement where the inmate plans on residing.
• Making intentional lewd and lascivious behavior by an inmate in front of a correctional facility employee a third degree felony. Several correctional authority nurses testified to abusive behavior by inmates. 

Department of Highway Safety and Motor Vehicles   
HB 263 by Rep. Marcelo Llorente (R-Miami) 
SB 0842 by Sen. Joe Negron (R-Palm City) 
This legislation requires the application form for a motor vehicle license or renewal to allow for a voluntary contribution to Lauren’s Kids for the prevention of childhood sexual abuse and will take effect October 1, 2010.  

Threats    
HB 317 by Rep. Janet Adkins (R-Fernandina Beach) 
SB 0860 by Sen. Steve Oelrich (R-Gainesville) 
This legislation ensures that threats by electronic communication to injure or kill someone are considered a second degree felony and will take effect October 1, 2010.

Legislation related to sexual violence that failed:

Housing Protections for Victims of Sexual and Domestic Violence
SB786 by Nan Rich (D-Sunrise) 
This legislation would have prevented housing discrimination against victims of domestic and sexual violence and allowed a victim of domestic or sexual violence with an injunction to terminate a lease. The bill was not heard during the 2010 session.  

Sexual Activities Involving Animals  
SB 104 by Sen. Nan Rich (D-Sunrise) 
HB 1611 by Rep. Jim Waldman (D-Coconut Creek) 
This legislation would have created a first degree misdemeanor offense for sexual conduct or contact with animals for the purpose of sexual gratification. Law enforcement officials have not been able to make arrests in some cases for animal cruelty because evidence must be shown of excessive and repeated infliction of pain upon the animal. FCASV supported this legislation during the past two sessions because of research linking abusive behavior toward animals with abusive behavior toward people.

Human Sexuality Education
SB 1502 by Chris Smith (D-West Palm Beach)
HB 169 by Rep. Keith Fitzgerald (D-Sarasota)
This legislation would have required factually and medically accurate sexuality education in grades 7-12 including information about sexual coercion. FCASV signed onto the Healthy Teens Coalition pushing for this legislation. The bill was not heard during the 2010 session. 

Sexual Exploitation
HB 535 by Rep. Erik Fresen (R-Miami) 
SB 1700 by Sen. Jeremy Ring (D-Margate) 
This legislation would have mandated safety provisions for child victims of sexual exploitation. FCASV worked with committee staff on this issue and testified in support. The legislation  stated that when encountering child prostitutes officers would assume sexual exploitation and find short-term safe houses, certain prostitution would be illegal only after age sixteen, and civil penalties would be increased for soliciting others to engage in prostitution. Among other changes, it would have treated child prostitution as a case for treatment and not as a criminal proceeding. Whether or not to de-criminalize child prostitution is a source of policy debate nationally—some jurisdictions with cutting-edge intervention programs believe arresting the child provides a gateway to intervention and away from the “pimp.” In both approaches, the need to treat the child as a victim and the need for a broad array supportive service and interventions is recognized.

Human Trafficking   
HB 633 by Rep. Rachel Burgin (R-Tampa) 
SB 0966 by Sen. Arthenia Joyner (D-Tampa) 
This legislation looked at the problem of sex trafficking within “massage parlors” and would have increased regulation of these businesses in an effort to apprehend traffickers... FCASV testified in support of this legislation during committee hearings.

Reproductive Health Services for Rape Survivors  
SB 652 by Sen. Nan Rich (D-Sunrise) 
HB 0517 by Rep. Audrey Gibson (D-Jacksonville)
“The Prevention First Act” called for health care practitioners to give female victims of sexual battery medically accurate information about emergency contraceptives and to provide the drug upon request without undue hurdles for the patient. The Department of Health would have had to prepare and distribute educational materials to all medical facilities on emergency contraception. Pharmacists would have had to provide emergency contraception upon request, have it in stock, and would have been prohibited from creating any other barriers to delivery. This legislation was not heard during the 2010 session.

Victim Advocate Services   
HB 799 by Rep. Mackenson Bernard (D-West Palm Beach) 
SB 1302 by Sen. Ronda Storms (R-Brandon)
This legislation would have required any college or university campus with student housing or with over 10,000 full time students to have an advocate to assist students who are victims of violent crime. Advocates would have 30 hour training to work with law enforcement, rehabilitation services, education, and other agencies in assisting victims. This legislation was not heard during the 2010 session.

Sexting     
HB 1335 by Rep. Joseph Abruzzo (D-Wellington) 
SB 2560 by Sen. Dave Aronberg (D-Greenacres)
In an effort to address the problem of young people being charged for felonies for “sexting”, this legislation would have created a specific misdemeanor offense with a first violation punishable by community service. “Sexting” was defined in the legislation for minors as the act of knowingly submitting electronically sexually explicit photos or messages. Although this legislation passed the Senate and was heard in committee in the House, this legislation did not ultimately pass.