Public Policy

 

Legislative Updates

The Florida Council Against Sexual Violence advocates for improved legislation on behalf of victims and survivors and the certified sexual assault programs that serve them.

The Florida legislature meets for two months every year; however, the movement to end sexual violence is a year-round effort.  Certified sexual assault programs and advocates work every day to respond to victims and survivors.  We encourage legislators and community members to work with FCASV and local programs to understand the response to victims and work toward making Florida a state that supports victims.  

For more information, contact Sharleen Sullivan at ssullivan@fcasv.org.

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2021 Legislative Initiatives

The 2021 Florida legislative session commenced on March 2, 2021 and ran through April 30, 2021. Below are the legislative items that FCASV followed, which impact victims and survivors and certified sexual assault programs.

Signed Bills

Rape Kit Tracking (Effective 7/1/2021)

•       Sponsors:

•       SB  1002 (Sen. Linda Stewart – part of Orange)

•       HB  673 (Rep. Slosberg – part of Palm Beach)

•       “Gail’s Law”

•       Requires the Department of Law Enforcement to create and maintain a statewide database for tracking sexual offense evidence kits;

•       Requires the Department to ensure that alleged sexual offense victims and certain other persons receive specified notice and instructions and be informed that they are entitled to access information regarding such kits and evidence.

Community Response to Sexual Assault (Effective 7/1/2021)

•       Sponsors:

•       SB 1530 (Sen. Lauren Book – part of Broward)

•       HB 1189 (Rep. Randy Fine – part of Brevard; co-sponsor Rep. Tracie Davis – part of Duval)

•       Requires county health departments to participate in sexual assault response teams and sets minimum requirements for participation by specified agencies;

•       Requires teams to promote use of sexual assault forensic examiners;

•       Requires Criminal Justice Standards & Training Commission to establish minimum standards for training programs that include culturally responsive trauma-informed response to sexual assault;

•       Requires certified law enforcement officers to complete specified number of hours of training on sexual violence & interviewing & investigations of sexual assault victims.

Interception of Wire, Oral, or Electronic Communications (Effective 7/1/2021)

•       Sponsors:

•       SB 1802 (Sen. Jason Pizzo – part of Miami-Dade)

•       HB 583 (Rep. Dotie Joseph – part of Miami-Dade)

•       Provides an exception to prohibitions on interception and recording of communications when the communication is received in violation of a specified injunction or order;

•       Limits the use of the intercepted communication to evidencing a violation of the specified injunction or order.

Consent for Pelvic Exams (Effective 7/1/2021)

•       Sponsors:

•       SB  716 (Sen. Lauren Book – part of Broward)

•       HB  361 (Rep.  Evan Jenne – part of Broward)

•       Revises circumstances under which pelvic examination may be performed without written consent;

•       Authorizes written consent for pelvic examination to be obtained as part of a general consent form & to allow multiple health care practitioners or students to perform the examination.

Physicians Discipline (7/1/2021)

•       Sponsors:

•       SB 1934 (Sen. Lauren Book – part of Broward)

•       HB 1579 (Rep. Vance Aloupis, Jr.– part of Miami-Dade)

•       Requires the Department of Health to issue emergency orders to suspend certain physicians’ licenses if they are arrested for committing or attempting, soliciting, or conspiring to commit acts that would constitute violations of specified criminal offenses involving a child.

Public Records – Perpetrators’ Identities (7/1/2021)

• Sponsors:

  • SB 1508 (Sen. Lauren Book – part of Broward)

  • HB 1229 (Rep. Persons-Mullicka – part of Lee)

• Specifies that public records exemptions for criminal intelligence and investigative information does not apply to the identities of persons charged with, or found guilty of various offenses, including child abuse and sex offenses;

• Requires clerks of court to post identifying information for offenders in cases where protective injunctions were entered for the protection of minors, and permitting minors and their representatives to request posting of offenders’ identities.

Bills that Remain Priority for 2022

Adult Lewd Battery

Sponsors:

•       SB 1784 (Sen. Janet Cruz– part of Hillsborough; co-sponsor Sen. Book – part of Palm Beach)

•       No House companion bill

•       Amends Fla. Stat. 784.041 to include adult lewd battery, touching or grabbing, without consent, the breasts, buttocks, or genitals of an adult, without penetration;

•       First offenders would be charged with a first-degree misdemeanor and no requirement to register as a sex offender;

•       In cases of escalating offenders who perpetrate future crimes, prosecutors can identify previous sexual crimes and consider for service referrals and sentencing;

•       Repeat offenders would face potentially increased penalties, as do repeat offenders charged with battery.

Victims Records/Privacy

•       Sponsors:

•       SB 1044 (Sen. Lori Berman– part of Palm Beach)

•       HB 767 (Rep. Bartleman – part of Broward)

•       Creates new victims’ rights statute, Fla. Stat. 960.31 to allow victim of sexual violence to prevent any person or entity from disclosing or disseminating information or records that might identify them as a victim;

•       Prohibits person or entity in possession of information or records that might identify individual as victim of crime of sexual violence from disclosing or disseminating such information or records without first obtaining express written consent of victim.

Early Termination of Rental Agreements

•       Sponsors:

•       SB 1102 (Sen. Ana Maria Rodriguez – Monroe, part of Miami-Dade)

•       HB  393 (Rep. Dana Trabulsy – part of St. Lucie)

•       Prohibits landlord from evicting tenant or terminating rental agreement because tenant or tenant's minor child is victim of actual or threatened domestic violence, dating violence, sexual violence, or stalking;

•       Authorizes victim of such actual or threatened violence or stalking to terminate rental agreement with certain documentation;

•       Provides for liability for rent;

•       Specifies that tenant does not forfeit certain money paid to landlord for terminating rental agreement;

•       Requires landlord to change locks of dwelling unit within specified period;

•       Authorizes tenant to change locks of dwelling unit.