Bill Text: FL S1426 | 2019 | Regular Session | Introduced
Bill Title: Victim Rights
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-05-03 - Died in Criminal Justice [S1426 Detail]
Download: Florida-2019-S1426-Introduced.html
Florida Senate - 2019 SB 1426
By Senator Book
32-00781A-19 20191426__
1 A bill to be entitled
2 An act relating to victim rights; creating s.
3 960.0011, F.S.; declaring legislative intent;
4 specifying the rights to which every victim is
5 entitled; creating s. 960.0012, F.S.; defining terms;
6 creating s. 960.0013, F.S.; specifying rights that a
7 victim may elect to exercise by providing notice to a
8 state attorney or a law enforcement agency; providing
9 for satisfaction of certain victim rights under
10 certain circumstances; creating s. 960.0014, F.S.;
11 prohibiting the questioning of a victim regarding
12 certain sexual conduct; providing an exception;
13 requiring a state attorney to advise a victim of a
14 certain right; requiring the state attorney to
15 immediately terminate a deposition if certain
16 questions are asked; requiring a law enforcement
17 agency and a state attorney to promptly return a
18 victim’s property; providing an exception; providing
19 that a victim has the right to full and timely
20 restitution; requiring a court’s restitution order to
21 be part of a sentence; requiring law enforcement
22 agencies and the state attorney to inform victims of
23 certain rights; providing requirements relating to the
24 restitution order; creating s. 960.0016, F.S.;
25 specifying that victims have a right to be informed of
26 their rights; requiring the Office of the Attorney
27 General to design and publish information that advises
28 the general public and crime victims of their rights;
29 requiring the Office of the Attorney General to design
30 and distribute a certain form to each state attorney;
31 providing requirements for such form; requiring law
32 enforcement agencies that investigate offenses to
33 provide a crime victim with a copy of the victim
34 rights information card and an explanation of rights
35 within a specified timeframe; providing requirements
36 relating to the rights of crime victims; specifying
37 that a victim has a right to retain a victim’s
38 attorney; specifying that such right does not create a
39 right for a victim to retain an attorney at the
40 public’s expense; specifying persons who have standing
41 and may assert specified rights; providing
42 requirements relating to the assertion of such rights;
43 renumbering and amending s. 960.001, F.S.; revising
44 the persons who are required to develop, publish, post
45 on a website, and implement certain guidelines to
46 implement specified provisions of the State
47 Constitution; revising the objectives those persons
48 must achieve; conforming provisions to changes made by
49 the act; renumbering and amending s. 960.0015, F.S.;
50 providing for enforcement and protection of a victim’s
51 right to a prompt and final conclusion of a case and
52 any relating proceedings; authorizing a state attorney
53 at the trial court level to file a good faith demand
54 for speedy trial under certain circumstances;
55 providing court and related hearing requirements;
56 creating reporting requirements based on specified
57 time limits in the State Constitution; requiring a
58 chief judge of a district court of appeal or the Chief
59 Justice of the Supreme Court to enter a notice of
60 delay under certain circumstances; providing filing
61 requirements; requiring a chief judge of a district
62 court of appeal or the Chief Justice of the Supreme
63 Court annually and by a certain date to issue an aging
64 report on a case-by-case basis to the Legislature
65 containing specified information; providing
66 requirements relating to the aging report; deleting
67 provisions that authorize a state attorney to file a
68 demand for speedy trial under certain circumstances;
69 deleting provisions relating to a court scheduling a
70 trial; deleting provisions allowing a trial court to
71 postpone a trial date for a specified timeframe under
72 certain circumstances; amending s. 960.0021, F.S.;
73 revising the announcement that a court may make to
74 fulfill an obligation to advise crime victims of
75 certain rights; requiring the Office of the Attorney
76 General, rather than the Department of Legal Affairs,
77 to provide the courts with the posters displaying a
78 certain notification; requiring the chief judge of a
79 circuit court, rather than the circuit court
80 administrator, to coordinate efforts to ensure that
81 victim rights information is provided to the clerk of
82 the court; deleting a provision relating to
83 applicability; amending ss. 945.10 and 958.07, F.S.;
84 conforming provisions to changes made by the act;
85 providing an effective date.
86
87 Be It Enacted by the Legislature of the State of Florida:
88
89 Section 1. Section 960.0011, Florida Statutes, is created
90 to read:
91 960.0011 Legislative intent; rights of victims.—
92 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
93 to implement, preserve, protect, and enforce the rights
94 guaranteed to crime victims by s. 16(b), Art. I of the State
95 Constitution in a manner no less vigorous than protections
96 afforded to criminal defendants and juvenile delinquents. The
97 Legislature intends:
98 (a) To ensure that crime victims are treated with fairness
99 and respect for their dignity and privacy.
100 (b) To achieve justice, by recognizing a victim’s right to
101 have a meaningful role throughout the proceedings of the
102 criminal and juvenile justice systems.
103 (c) To ensure that crime victims are informed of their
104 rights and have standing to assert their rights in the courts of
105 this state.
106 (d) To establish procedures for enforcement of those
107 rights.
108 (2) RIGHTS OF VICTIMS.—Every victim is entitled to the
109 following rights, beginning at the time of his or her
110 victimization:
111 (a) The right to due process and to be treated with
112 fairness and respect for their dignity.
113 (b) The right to be free from intimidation, harassment, and
114 abuse.
115 (c) The right within the judicial process to be reasonably
116 protected from the accused and any person acting on behalf of
117 the accused.
118 (d) The right to confer. The right to confer does not
119 create any right to interfere with the state attorney’s
120 discretion in determining what charges to bring, whether to go
121 to trial on a case, or what plea offer to make. The right to
122 confer is intended to give crime victims a means to be heard and
123 have their views considered, but it does not give them the right
124 to veto decisions by the state.
125 (e) The right to have their safety and welfare and that of
126 their family considered when setting bail, including setting
127 pretrial release conditions that protect their safety and
128 welfare and that of their family.
129 (f) The right to have a support person. A support person is
130 an individual who the victim or next friend believes will be
131 capable to assist and provide comfort to the victim throughout
132 the case. The support person must be allowed to attend all
133 proceedings the victim may choose to or be required to attend,
134 including any physical or mental examinations, hearings,
135 statements, depositions, or trials. A support person may not be
136 chosen from the good faith witness list provided by either the
137 state or the defense either before or during the 30 days
138 following the state’s initial response to a defendant’s request
139 for discovery. Communications between the support person and the
140 victim shall be confidential except for good cause upon motion
141 to the court.
142 (g)1. The right to prevent the disclosure of information to
143 the defense, or anyone acting on behalf of the defense, without
144 a court order upon a motion to the court for good cause.
145 2. The right in subparagraph 1. includes the right to
146 refuse to answer questions or any inquiries concerning any of
147 the matters listed in this paragraph at a deposition or at any
148 other interview.
149 3. Law enforcement officers, correctional officers, or
150 correctional probation officers who become crime victims in the
151 course and scope of their employment or official duties are
152 exempt from privacy provisions as it pertains to their identity
153 and the facts of the criminal event.
154 Section 2. Section 960.0012, Florida Statutes, is created
155 to read:
156 960.0012 Definitions.—As used in this chapter, unless the
157 context otherwise requires, the term:
158 (1) “Completion of sentence” means successful completion of
159 any term of incarceration or legal constraint, payment of all
160 court-imposed fines, and payment of all court-ordered
161 restitution.
162 (2) “Confer” means to consult, share information, compare
163 opinions, and carry on a discussion or deliberation with one or
164 more persons.
165 (3) “Court proceedings” includes, but is not limited to, a
166 first appearance hearing, an arraignment, any post-arraignment
167 hearing the effect of which may be the release of the defendant
168 from custody or to alter the conditions of bond, a change of
169 plea hearing, a trial, any pretrial or post-trial hearing, a
170 sentencing, any proceeding or hearing in a juvenile delinquency
171 case, such as a detention hearing, an adjudicatory hearing, a
172 disposition hearing, a detention hearing, or a juvenile
173 mediation, and any oral argument or hearing before an appellate
174 court, any competency hearing, a hearing for conditional
175 release, any hearing related to a modification of sentence,
176 probation or community control revocation hearing, aftercare
177 release or parole hearings, post-conviction relief proceedings,
178 habeas corpus proceedings, and clemency proceedings related to
179 the defendant’s or delinquent’s conviction or sentence.
180 (4) “Crime” and “criminal” include delinquent acts and
181 conduct committed by juvenile offenders.
182 (5) “Sentence” includes, but is not limited to, the
183 imposition of sentence, probation, community control, other
184 legal constraint, fines imposed, restitution, any conditions of
185 any legal constraint, a request for a reduction in sentence,
186 parole, mandatory supervised release, aftercare release, early
187 release, inpatient treatment, outpatient treatment, conditional
188 release after a finding that the defendant is not guilty by
189 reason of insanity, clemency, or a proposal that would reduce
190 any aspect of the defendant’s sentence, including reducing a
191 restitution order to a civil judgment, or that would result in
192 the defendant’s release.
193 (6) “Sentencing” includes, but is not limited to, the
194 imposition of sentence or the disposition of a juvenile petition
195 and also a request for a reduction or modification of sentence,
196 parole, mandatory supervised release, community control,
197 aftercare release, early release, consideration of inpatient
198 treatment or outpatient treatment, commitment to the Department
199 of Juvenile Justice or licensed child care agency, or
200 conditional release after a finding that the defendant is not
201 guilty by reason of insanity.
202 (7) “Status hearing” means a hearing designed to provide
203 information to the court, at which no motion of a substantive
204 nature and no constitutional or statutory right of a crime
205 victim is implicated or at issue.
206 (8) “Support person” means an individual chosen by the
207 victim, or in the case of minority or other disability, the
208 court may determine who may act as the victim’s next friend, and
209 the next friend may select a support person.
210 (9) “Victim” means a person who suffers direct or
211 threatened physical, psychological, or financial harm as a
212 result of the commission or attempted commission of a crime or
213 delinquent act or the person against whom the crime or
214 delinquent act is committed. The term includes the victim’s
215 lawful representative, the parent or guardian of a minor or next
216 friend as determined by the court, the next of kin of a homicide
217 victim, and the victim’s support person, except upon a showing
218 that the interest of such individual would be in actual or
219 potential conflict with the interests of the victim. The term
220 does not include the accused.
221 (10) “Victim’s attorney” means an attorney retained by the
222 victim for the purposes of asserting the victim’s constitutional
223 and statutory rights. An attorney retained by the victim means
224 an attorney who is hired to represent the victim at the victim’s
225 expense or an attorney who has agreed to provide pro bono
226 representation.
227 Section 3. Section 960.0013, Florida Statutes, is created
228 to read:
229 960.0013 Rights a victim may elect to exercise.—
230 (1) A crime victim may elect to exercise any or all of the
231 following rights by providing notice to the appropriate state
232 attorney or law enforcement agency:
233 (a) The right to reasonable, accurate, and timely notice of
234 all public court proceedings involving the criminal conduct or
235 delinquent act, including, but not limited to, a trial, a plea,
236 a sentencing, or an adjudication, even if the victim will be a
237 witness at the proceeding, notwithstanding any rule of procedure
238 to the contrary.
239 1. If a victim has requested notice of a court proceeding
240 and is absent from that proceeding and the court determines the
241 victim was not notified of the time and place of the court
242 proceeding in a method reasonably designed to actually notify
243 the victim, only a status hearing may be held at such time and
244 all other matters must be continued to a later court proceeding
245 where the victim is noticed in a manner as directed by the
246 court.
247 2. A victim must be provided reasonable, accurate, and
248 timely notice of any release or escape of the defendant or
249 delinquent, and any proceeding during which a right of the
250 victim is implicated.
251 a. The chief administrator, or a designee of the chief
252 administrator, of a county jail, municipal jail, juvenile
253 detention facility, or residential commitment facility shall
254 make a reasonable attempt to notify the alleged victim or
255 appropriate next of kin of the alleged victim or other
256 designated contact within 4 hours after the release of the
257 defendant on bail or, in the case of a juvenile offender, upon
258 the release from residential detention or commitment. If the
259 chief administrator or his or her designee is unable to contact
260 the alleged victim or appropriate next of kin of the alleged
261 victim or other designated contact by telephone, the chief
262 administrator or his or her designee must send to the alleged
263 victim, or appropriate next of kin of the alleged victim or
264 other designated contact, a written notification of the
265 defendant’s release.
266 b. Unless otherwise requested by the victim or the
267 appropriate next of kin of the victim or other designated
268 contact, the information contained on the victim notification
269 card must be sent by the chief administrator or his or her
270 designee of the appropriate facility to the subsequent
271 correctional or residential commitment facility following the
272 sentencing and incarceration of the defendant, and unless
273 otherwise requested by the victim or the appropriate next of kin
274 of the victim or other designated contact, he or she must be
275 notified of the release of the defendant from incarceration as
276 provided by law.
277 c. If the defendant was arrested pursuant to a warrant or
278 taken into custody pursuant to s. 985.101 in a jurisdiction
279 other than the jurisdiction in which the defendant is being
280 released, and the alleged victim or appropriate next of kin of
281 the alleged victim or other designated contact does not waive
282 the option for notification of release, the chief correctional
283 officer or chief administrator of the facility releasing the
284 defendant shall make a reasonable attempt to immediately notify
285 the chief correctional officer of the jurisdiction in which the
286 warrant was issued or the child was taken into custody pursuant
287 to s. 985.101, and the chief correctional officer of that
288 jurisdiction shall make a reasonable attempt to notify the
289 alleged victim or appropriate next of kin of the alleged victim
290 or other designated contact, as provided in this paragraph, that
291 the defendant has been or will be released.
292 d. A victim may waive notification at any time, and such
293 waiver shall be noted in the agency’s files.
294 3. Each victim or witness scheduled to attend a court
295 proceeding in either a criminal or juvenile justice proceeding
296 shall be notified as soon as possible by the agency scheduling
297 his or her appearance of any change in scheduling which may
298 affect his or her appearance.
299 (b) The right to be present at all court proceedings.
300 Notwithstanding any rule of procedure or court practice to the
301 contrary, every crime victim has a right, even if he or she will
302 be a witness in the proceeding, to attend and observe all court
303 proceedings, including suppression or other evidentiary
304 hearings, and to attend and observe the entire trial of the
305 accused, including jury selection, witness examinations, and
306 closing arguments. This right to attend proceedings is equal to
307 that of the defendant or the delinquent charged with the
308 criminal offense or delinquent act against the victim.
309 (c) The right to be heard in any public or court
310 proceeding, including pretrial hearings or other hearings for
311 release from any form of legal constraint, plea hearings,
312 sentencing hearings, adjudication hearings, or parole hearings,
313 and any proceeding during which a right of the victim is
314 implicated.
315 1. Whenever a victim who is not incarcerated has the right
316 to be heard, the court, subject to the proper functioning of the
317 court, shall allow the victim to exercise this right in any
318 reasonable manner the victim chooses.
319 2. In the case of incarcerated victims, the right to
320 exercise the right to be heard is satisfied by submitting
321 written statements at any stage of the criminal juvenile court
322 hearings, parole hearings, or any administrative hearings.
323 (d) The right to be provided a copy of the police report.
324 Upon the request of the victim, the law enforcement agency
325 having jurisdiction shall provide a free copy of the police
326 report concerning the victim’s incident, as soon as practicable,
327 but not later than 5 business days after the request. The law
328 enforcement agency may redact any confidential or confidential
329 and exempt information according to the public records laws in
330 this state.
331 (e) The right to confer with the prosecuting attorney in
332 any plea agreements and in proceedings regarding the
333 participation of the accused in a formal or informal pretrial
334 diversion program and proceedings regarding release,
335 restitution, sentencing, or any other disposition of the case.
336 1. A state attorney office shall consider a written victim
337 impact statement, if prepared before entering into a plea
338 agreement, before making an offer of a plea bargain to the
339 defendant, or entering into negotiations with the defendant
340 concerning a possible plea agreement.
341 2. The right to confer with the prosecutor does not include
342 the right to veto a plea agreement or to require the case go to
343 trial.
344 (f) The right to provide information regarding the impact
345 of the offender’s conduct on the victim and the victim’s family.
346 The state attorney shall inform the victim of the victim’s right
347 to submit an oral or written impact statement pursuant to s.
348 921.143 and shall assist in the preparation of such statement if
349 necessary. The information provided by the victim shall be
350 considered in any sentencing recommendations submitted to the
351 court.
352 (g) The right to receive a copy of any presentence report
353 and any other report or record relevant to the exercise of a
354 victim’s right, except that any confidential information
355 pertaining to medical history, mental health, or substance
356 abuse, and any information pertaining to any other victim, must
357 be redacted from the copy of the report. Any person who reviews
358 the report pursuant to this paragraph must maintain the
359 confidentiality of the report and may not disclose its contents
360 to any person except in statements made to the state attorney or
361 the court.
362 (h) The right to be informed of the conviction, sentence,
363 adjudication, place and time of incarceration or commitment in
364 any type of facility, or other disposition of the convicted
365 offender, any scheduled release date of the offender, and the
366 release or escape of the offender from custody.
367 (i) The right to be informed of all postconviction
368 processes and court proceedings and procedures, and the right to
369 be notified of and to participate in such processes and
370 procedures. The victim may be heard in a trial court by filing
371 an amicus curiae that complies with the appropriate appellate
372 rules or by appearing before panels, commissions, or boards to
373 provide information to be considered before any release decision
374 is made. The victim has the right to be notified of any release
375 decision regarding the offender. At any parole hearing, the
376 Control Release Authority must extend the right to be heard to
377 any person harmed by the offender.
378 (j) The right to be informed of clemency and discretionary
379 expungement procedures, not including those that may occur by
380 operation of law based on the passage of time, to provide
381 information to the Governor, the court, any clemency board, and
382 any other authority in these procedures, and to have that
383 information considered before a clemency or expungement decision
384 is made, and to be notified of such decision in advance of any
385 release of the offender.
386 (2) The rights of a victim, as provided in sub-subparagraph
387 (1)(a)2.a., sub-subparagraph (1)(a)2.b., or sub-subparagraph
388 (1)(a)2.c., when the court proceeding is a first appearance
389 hearing, are deemed to be satisfied by a reasonable attempt by
390 the appropriate law enforcement agency to notify the victim and,
391 if known, when the victim’s views are timely conveyed to the
392 court if the victim is unable to attend.
393 Section 4. Section 960.0014, Florida Statutes, is created
394 to read:
395 960.0014 Rights of all crime victims.—
396 (1) To implement ss. 16(b)(1), (2), and (5) of Art. I of
397 the State Constitution to prevent harassment of a victim, to be
398 respectful of a victim’s dignity, and to protect a victim’s
399 privacy, the defense or anyone acting on behalf of the defense
400 may not ask any questions or make any inquiry during a pretrial
401 deposition or statement into any matter concerning or relating
402 to any sexual conduct by a victim which may have occurred before
403 the offense for which the accused is charged, unless the defense
404 has obtained a prior court order requiring such testimony, based
405 on a finding by the trial judge that such testimony will likely
406 be admissible evidence in a trial or hearing.
407 (a) If the court grants the motion to allow deposition
408 questions about prior sexual conduct, the court order
409 authorizing the inquiry must be sufficiently detailed so as to
410 prevent unfair surprise to the victim.
411 (b) If one or more questions concerning the prior sexual
412 conduct of a victim is asked during a deposition without a court
413 order authorizing such inquiry, the state attorney, on behalf of
414 the victim, must advise the victim that there is no legal
415 obligation to answer the question and shall immediately
416 terminate the deposition. When a deposition has been terminated
417 because of a violation of this paragraph, no further right to
418 take the victim’s deposition may be granted except upon an order
419 of the court finding just cause.
420 (2) Law enforcement agencies and the state attorney shall
421 promptly return a victim’s property held for evidentiary
422 purposes unless there is a compelling law enforcement reason for
423 retaining it. The trial or juvenile court exercising
424 jurisdiction over the court proceeding may enter appropriate
425 orders to implement this subsection, including allowing
426 photographs of the victim’s property to be used as evidence at
427 the criminal trial or the juvenile proceeding in place of the
428 victim’s property if no substantial evidentiary issue related to
429 the property is in dispute.
430 (3) A victim has the right to full and timely restitution
431 in every case and from each convicted offender for all losses
432 the victim suffered, both directly and indirectly, as a result
433 of the criminal conduct as determined by the court, or as
434 stipulated to, when such stipulation is accepted by the court.
435 The court’s restitution order shall be part of the sentence for
436 the criminal conduct.
437 (a) Law enforcement agencies and the state attorney shall
438 inform the victim of the victim’s right to request and receive
439 restitution pursuant to s. 775.089 or s. 985.437 and of the
440 victim’s rights of enforcement under ss. 775.089(6) and 985.0301
441 if an offender does not comply with a restitution order. The
442 state attorney shall seek the victim’s assistance in documenting
443 the victim’s losses for the purpose of requesting and receiving
444 restitution.
445 (b) In addition, the state attorney shall inform the victim
446 if restitution is ordered.
447 (c) The clerk of the court shall file a notice in the case
448 certifying full payment of restitution at such time as the
449 offender completes payment of all ordered restitution. The
450 obligation to pay restitution survives the completion of any
451 other forms of legal constraint, including probation, community
452 control, or incarceration.
453 (d) If an order of restitution is converted to a civil lien
454 or civil judgment against the defendant, information provided by
455 the Secretary of State or The Florida Bar on enforcing a civil
456 lien or judgment must be made available to a victim at the clerk
457 of the court’s office and on the clerk’s website.
458 (e) An order of restitution may be enforced by all
459 available and reasonable means.
460 (f) If an individual who is required to pay restitution
461 receives substantial resources from any source, including an
462 inheritance, a settlement, or any other judgment during a period
463 of incarceration, the individual must apply the resources to the
464 restitution balance until the restitution obligation is
465 satisfied.
466 Section 5. Section 960.0016, Florida Statutes, is created
467 to read:
468 960.0016 Duty to provide victims with notice of their
469 rights.—
470 (1) Victims have a right to be informed of their rights
471 under s. 16(b), Art. I of the State Constitution and under state
472 law, and to be informed that they may seek the advice of an
473 attorney with respect to their rights.
474 (a) The Office of the Attorney General shall design and
475 publish information that advises the general public and crime
476 victims of their rights. This information must be made available
477 to the general public and provided to all crime victims in the
478 form of a card or by other means intended for use by law
479 enforcement agencies or other entities assisting victims to
480 effectively advise them of their rights. The victim rights
481 information card should advise victims where they can acquire
482 additional information about their rights and how to make
483 elections to exercise optional rights. The card must provide
484 information about crime victim compensation, including how to
485 contact the Office of the Attorney General to file a claim, and
486 include appropriate referrals to local and state programs that
487 provide victim services.
488 (b) The Office of the Attorney General shall design and
489 distribute a form to each state attorney which may be used by
490 victims to elect which rights they may wish to exercise. The
491 completed election of rights form must be filed with the court
492 and must be available to the trial judge. The form may be
493 amended at any time. The state attorneys shall make the form
494 available to victims, law enforcement officers, clerks of court,
495 and state and local programs that provide victim services. The
496 form may also be available for download on state attorney
497 websites or the websites of other criminal or juvenile justice
498 system participants.
499 (c) A law enforcement agency that investigates an offense
500 committed in this state shall provide a crime victim with a copy
501 of the victim rights information card and an explanation of the
502 rights of crime victims within 48 hours after the law
503 enforcement agency’s initial contact with a victim. Law
504 enforcement agencies shall also provide a crime victim with a
505 form the victim shall sign and date as an acknowledgment that he
506 or she has been furnished with information on and an explanation
507 of the rights of crime victims and compensation. If the victim
508 chooses not to sign the statement, a notation must be made in a
509 report.
510 (d) The clerk of the circuit court shall post the rights of
511 crime victims within 3 feet of the door to any courtroom where
512 criminal proceedings are conducted and on the clerk’s website.
513 The clerk may also post the rights in other locations in the
514 courthouse.
515 (2) At any point, the victim has the right to retain a
516 victim’s attorney who may be present with the victim during all
517 stages of any interview, investigation, or other interaction
518 with representatives of the criminal justice system with which
519 the victim is required to interact. Treatment of the victim may
520 not be affected or altered in any way as a result of the
521 victim’s decision to exercise this right. This subsection does
522 not create a right for a victim to retain an attorney at the
523 public’s expense.
524 (a) An attorney wishing to appear on behalf of a victim
525 shall file a limited notice of appearance allowing the attorney
526 to assert and protect the victim’s rights.
527 (b) Upon the filing of the notice of appearance and service
528 on the office of state attorney and the defendant and his or her
529 attorney, the attorney shall receive copies of all notices,
530 motions, and court orders filed thereafter in the case.
531 (3) The victim, the victim’s attorney, a lawful
532 representative of the victim, the parents or guardian of a
533 victim who is a minor, or the office of the state attorney, upon
534 request of the victim, have standing and may assert and seek
535 enforcement of the rights enumerated in s. 16(b), Art. I of the
536 State Constitution, this chapter, or any other right afforded to
537 a victim by law in any trial or appellate court or before any
538 other authority with jurisdiction over the case.
539 (a) The court or other authority with jurisdiction shall
540 act promptly on such a request, affording a remedy for the
541 violation of any right. The court shall make written findings
542 supporting any decision regarding the disposition of a victim’s
543 rights.
544 1. If the court determines that a victim’s rights have been
545 violated, the court must determine an appropriate remedy for the
546 violation of the victim’s rights by hearing from the victim and
547 the parties, considering all factors relevant to the issue, and
548 awarding appropriate relief to the victim.
549 2. An appropriate remedy shall include only actions
550 necessary to provide the victim the right to which the victim is
551 entitled and may include reopening previously held proceedings;
552 however, the court may not vacate a conviction. Any remedy shall
553 be tailored to provide the victim an appropriate remedy. An
554 appropriate remedy may not be a new trial, damages, or costs.
555 (b) The defendant in a criminal case has no standing to
556 assert a right of the victim in any court proceeding, including
557 on appeal.
558 Section 6. Section 960.001, Florida Statutes, is renumbered
559 as section 960.0017, Florida Statutes, and amended to read:
560 960.0017 960.001 Guidelines for fair treatment of victims
561 and witnesses in the criminal justice and juvenile justice
562 systems.—
563 (1) The Attorney General Department of Legal Affairs, the
564 state attorneys, the Secretary of the Department of Corrections,
565 the Secretary of the Department of Juvenile Justice, the Florida
566 Commission on Offender Review, the Chief Justice of the Supreme
567 Court State Courts Administrator and the chief judge of each
568 circuit court administrators, the Executive Director of the
569 Department of Law Enforcement, and every sheriff sheriff’s
570 department, police department, or other law enforcement agency
571 as defined in s. 943.10(4) shall develop, publish, post on any
572 agency or court entity website, and implement guidelines for the
573 use of their respective agencies, which guidelines are
574 consistent with the purposes of this act and s. 16(b), Art. I of
575 the State Constitution and are designed to implement s. 16(b),
576 Art. I of the State Constitution and to achieve the following
577 objectives:
578 (a) Information concerning services available to victims of
579 adult and juvenile crime.—As provided in s. 27.0065, state
580 attorneys and public defenders shall gather information
581 regarding the following services in the geographic boundaries of
582 their respective circuits and shall provide such information to
583 each law enforcement agency with jurisdiction within such
584 geographic boundaries. Law enforcement personnel shall ensure,
585 through distribution of a victim victim’s rights information
586 card or brochure at the crime scene, during the criminal
587 investigation, and in any other appropriate manner, that victims
588 are given, as a matter of course at the earliest possible time,
589 information about:
590 1. The availability of crime victim compensation, if
591 applicable;
592 2. Crisis intervention services, supportive or bereavement
593 counseling, social service support referrals, and community
594 based victim treatment programs;
595 3. The role of the victim in the criminal or juvenile
596 justice process, including what the victim may expect from the
597 system as well as what the system expects from the victim; and
598 4. The stages in the criminal or juvenile justice process
599 which may be of the greatest are of significance or interest to
600 the victim and the manner in which information about such stages
601 can be obtained.;
602 5. The right of a victim, who is not incarcerated,
603 including the victim’s parent or guardian if the victim is a
604 minor, the lawful representative of the victim or of the
605 victim’s parent or guardian if the victim is a minor, and the
606 next of kin of a homicide victim, to be informed, to be present,
607 and to be heard when relevant, at all crucial stages of a
608 criminal or juvenile proceeding, to the extent that this right
609 does not interfere with constitutional rights of the accused, as
610 provided by s. 16(b), Art. I of the State Constitution;
611 6. In the case of incarcerated victims, the right to be
612 informed and to submit written statements at all crucial stages
613 of the criminal proceedings, parole proceedings, or juvenile
614 proceedings; and
615 7. The right of a victim to a prompt and timely disposition
616 of the case in order to minimize the period during which the
617 victim must endure the responsibilities and stress involved to
618 the extent that this right does not interfere with the
619 constitutional rights of the accused.
620 (b) Information for purposes of notifying victim or
621 appropriate next of kin of victim or other designated contact of
622 victim.—In the case of a homicide, pursuant to chapter 782; or a
623 sexual offense, pursuant to chapter 794; or an attempted murder
624 or sexual offense, pursuant to chapter 777; or stalking,
625 pursuant to s. 784.048; or domestic violence, pursuant to s.
626 25.385:
627 1. The arresting law enforcement officer or personnel of an
628 organization that provides assistance to a victim or to the
629 appropriate next of kin of the victim or other designated
630 contact must request that the victim or appropriate next of kin
631 of the victim or other designated contact complete a victim
632 notification card. However, the victim or appropriate next of
633 kin of the victim or other designated contact may choose not to
634 complete the victim notification card.
635 2. Unless the victim or the appropriate next of kin of the
636 victim or other designated contact waives the option to complete
637 the victim notification card, a copy of the victim notification
638 card must be filed with the incident report or warrant in the
639 sheriff’s office of the jurisdiction in which the incident
640 report or warrant originated. The notification card shall, at a
641 minimum, consist of:
642 a. The name, address, and phone number of the victim; or
643 b. The name, address, and phone number of the appropriate
644 next of kin of the victim; or
645 c. The name, address, and telephone number of a designated
646 contact other than the victim or appropriate next of kin of the
647 victim; and
648 d. Any relevant identification or case numbers assigned to
649 the case.
650
651 The victim notification card is confidential unless the court,
652 upon a motion, makes all or part of the information on the card
653 available to the defense.
654 3. The chief administrator, or a person designated by the
655 chief administrator, of a county jail, municipal jail, juvenile
656 detention facility, or residential commitment facility shall
657 make a reasonable attempt to notify the alleged victim or
658 appropriate next of kin of the alleged victim or other
659 designated contact within 4 hours following the release of the
660 defendant on bail or, in the case of a juvenile offender, upon
661 the release from residential detention or commitment. If the
662 chief administrator, or designee, is unable to contact the
663 alleged victim or appropriate next of kin of the alleged victim
664 or other designated contact by telephone, the chief
665 administrator, or designee, must send to the alleged victim or
666 appropriate next of kin of the alleged victim or other
667 designated contact a written notification of the defendant’s
668 release.
669 4. Unless otherwise requested by the victim or the
670 appropriate next of kin of the victim or other designated
671 contact, the information contained on the victim notification
672 card must be sent by the chief administrator, or designee, of
673 the appropriate facility to the subsequent correctional or
674 residential commitment facility following the sentencing and
675 incarceration of the defendant, and unless otherwise requested
676 by the victim or the appropriate next of kin of the victim or
677 other designated contact, he or she must be notified of the
678 release of the defendant from incarceration as provided by law.
679 5. If the defendant was arrested pursuant to a warrant
680 issued or taken into custody pursuant to s. 985.101 in a
681 jurisdiction other than the jurisdiction in which the defendant
682 is being released, and the alleged victim or appropriate next of
683 kin of the alleged victim or other designated contact does not
684 waive the option for notification of release, the chief
685 correctional officer or chief administrator of the facility
686 releasing the defendant shall make a reasonable attempt to
687 immediately notify the chief correctional officer of the
688 jurisdiction in which the warrant was issued or the juvenile was
689 taken into custody pursuant to s. 985.101, and the chief
690 correctional officer of that jurisdiction shall make a
691 reasonable attempt to notify the alleged victim or appropriate
692 next of kin of the alleged victim or other designated contact,
693 as provided in this paragraph, that the defendant has been or
694 will be released.
695 (c) Information concerning protection available to victim
696 or witness.—A victim or witness shall be furnished, as a matter
697 of course, with information on steps that are available to law
698 enforcement officers and state attorneys to protect victims and
699 witnesses from intimidation. Victims of domestic violence shall
700 also be given information about the address confidentiality
701 program provided under s. 741.403.
702 (d) Notification of scheduling changes.—Each victim or
703 witness who has been scheduled to attend a criminal or juvenile
704 justice proceeding shall be notified as soon as possible by the
705 agency scheduling his or her appearance of any change in
706 scheduling which will affect his or her appearance.
707 (e) Advance notification to victim or relative of victim
708 concerning judicial proceedings; right to be present.—Any
709 victim, parent, guardian, or lawful representative of a minor
710 who is a victim, or relative of a homicide victim shall receive
711 from the appropriate agency, at the address found in the police
712 report or the victim notification card if such has been provided
713 to the agency, prompt advance notification, unless the agency
714 itself does not have advance notification, of judicial and
715 postjudicial proceedings relating to his or her case, including
716 all proceedings or hearings relating to:
717 1. The arrest of an accused;
718 2. The release of the accused pending judicial proceedings
719 or any modification of release conditions; and
720 3. Proceedings in the prosecution or petition for
721 delinquency of the accused, including the filing of the
722 accusatory instrument, the arraignment, disposition of the
723 accusatory instrument, trial or adjudicatory hearing, sentencing
724 or disposition hearing, appellate review, subsequent
725 modification of sentence, collateral attack of a judgment, and,
726 when a term of imprisonment, detention, or residential
727 commitment is imposed, the release of the defendant or juvenile
728 offender from such imprisonment, detention, or residential
729 commitment by expiration of sentence or parole and any meeting
730 held to consider such release.
731
732 A victim, a victim’s parent or guardian if the victim is a
733 minor, a lawful representative of the victim or of the victim’s
734 parent or guardian if the victim is a minor, or a victim’s next
735 of kin may not be excluded from any portion of any hearing,
736 trial, or proceeding pertaining to the offense based solely on
737 the fact that such person is subpoenaed to testify, unless, upon
738 motion, the court determines such person’s presence to be
739 prejudicial. The appropriate agency with respect to notification
740 under subparagraph 1. is the arresting law enforcement agency,
741 and the appropriate agency with respect to notification under
742 subparagraphs 2. and 3. is the Attorney General or state
743 attorney, unless the notification relates to a hearing
744 concerning parole, in which case the appropriate agency is the
745 Florida Commission on Offender Review. The Department of
746 Corrections, the Department of Juvenile Justice, or the sheriff
747 is the appropriate agency with respect to release by expiration
748 of sentence or any other release program provided by law. A
749 victim may waive notification at any time, and such waiver shall
750 be noted in the agency’s files.
751 (d)(f) Information concerning release from incarceration
752 from a county jail, municipal jail, juvenile detention facility,
753 or residential commitment facility.—The chief administrator, or
754 a person designated by the chief administrator, of a county
755 jail, municipal jail, juvenile detention facility, or
756 residential commitment facility shall, upon the request of the
757 victim or the appropriate next of kin of a victim or other
758 designated contact of the victim of any of the crimes specified
759 in paragraph (b), make a reasonable attempt to notify the victim
760 or appropriate next of kin of the victim or other designated
761 contact before the defendant’s or offender’s release from
762 incarceration, detention, or residential commitment if the
763 victim notification card has been provided pursuant to paragraph
764 (b). If prior notification is not successful, a reasonable
765 attempt must be made to notify the victim or appropriate next of
766 kin of the victim or other designated contact within 4 hours
767 following the release of the defendant or offender from
768 incarceration, detention, or residential commitment. If the
769 defendant is released following sentencing, disposition, or
770 furlough, the chief administrator or designee shall make a
771 reasonable attempt to notify the victim or the appropriate next
772 of kin of the victim or other designated contact within 4 hours
773 following the release of the defendant. If the chief
774 administrator or designee is unable to contact the victim or
775 appropriate next of kin of the victim or other designated
776 contact by telephone, the chief administrator or designee must
777 send to the victim or appropriate next of kin of the victim or
778 other designated contact a written notification of the
779 defendant’s or offender’s release.
780 (g) Consultation with victim or guardian or family of
781 victim.—
782 1. In addition to being notified of s. 921.143, the victim
783 of a felony involving physical or emotional injury or trauma or,
784 in a case in which the victim is a minor child or in a homicide,
785 the guardian or family of the victim shall be consulted by the
786 state attorney in order to obtain the views of the victim or
787 family about the disposition of any criminal or juvenile case
788 brought as a result of such crime, including the views of the
789 victim or family about:
790 a. The release of the accused pending judicial proceedings;
791 b. Plea agreements;
792 c. Participation in pretrial diversion programs; and
793 d. Sentencing of the accused.
794 2. Upon request, the state attorney shall permit the
795 victim, the victim’s parent or guardian if the victim is a
796 minor, the lawful representative of the victim or of the
797 victim’s parent or guardian if the victim is a minor, or the
798 victim’s next of kin in the case of a homicide to review a copy
799 of the presentence investigation report before the sentencing
800 hearing if one was completed. Any confidential information that
801 pertains to medical history, mental health, or substance abuse
802 and any information that pertains to any other victim shall be
803 redacted from the copy of the report. Any person who reviews the
804 report pursuant to this paragraph must maintain the
805 confidentiality of the report and may not disclose its contents
806 to any person except statements made to the state attorney or
807 the court.
808 3. If an inmate has been approved for community work
809 release, the Department of Corrections shall, upon request and
810 as provided in s. 944.605, notify the victim, the victim’s
811 parent or guardian if the victim is a minor, the lawful
812 representative of the victim or of the victim’s parent or
813 guardian if the victim is a minor, or the victim’s next of kin
814 if the victim is a homicide victim.
815 (h) Return of property to victim.—Law enforcement agencies
816 and the state attorney shall promptly return a victim’s property
817 held for evidentiary purposes unless there is a compelling law
818 enforcement reason for retaining it. The trial or juvenile court
819 exercising jurisdiction over the criminal or juvenile proceeding
820 may enter appropriate orders to implement this subsection,
821 including allowing photographs of the victim’s property to be
822 used as evidence at the criminal trial or the juvenile
823 proceeding in place of the victim’s property if no substantial
824 evidentiary issue related thereto is in dispute.
825 (e)(i) Notification to employer and explanation to
826 creditors of victim or witness.—A victim or witness who so
827 requests shall be assisted by law enforcement agencies and the
828 state attorney in informing his or her employer that the need
829 for victim and witness cooperation in the prosecution of the
830 case may necessitate the absence of that victim or witness from
831 work. A victim or witness who, as a direct result of a crime or
832 of his or her cooperation with law enforcement agencies or a
833 state attorney, is subjected to serious financial strain shall
834 be assisted by such agencies and state attorney in explaining to
835 the creditors of such victim or witness the reason for such
836 serious financial strain.
837 (j) Notification of right to request restitution.—Law
838 enforcement agencies and the state attorney shall inform the
839 victim of the victim’s right to request and receive restitution
840 pursuant to s. 775.089 or s. 985.437, and of the victim’s rights
841 of enforcement under ss. 775.089(6) and 985.0301 in the event an
842 offender does not comply with a restitution order. The state
843 attorney shall seek the assistance of the victim in the
844 documentation of the victim’s losses for the purpose of
845 requesting and receiving restitution. In addition, the state
846 attorney shall inform the victim if and when restitution is
847 ordered. If an order of restitution is converted to a civil lien
848 or civil judgment against the defendant, the clerks shall make
849 available at their office, as well as on their website,
850 information provided by the Secretary of State, the court, or
851 The Florida Bar on enforcing the civil lien or judgment.
852 (k) Notification of right to submit impact statement.—The
853 state attorney shall inform the victim of the victim’s right to
854 submit an oral or written impact statement pursuant to s.
855 921.143 and shall assist in the preparation of such statement if
856 necessary.
857 (f)(l) Local witness coordination services.—The
858 requirements for notification provided for in paragraphs (c) and
859 (e), (d), and (i) may be performed by the state attorney or
860 public defender for their own witnesses.
861 (g)(m) Victim assistance education and training.—Victim
862 assistance education and training shall be offered to persons
863 taking courses at law enforcement training facilities and to
864 state attorneys and assistant state attorneys so that victims
865 may be promptly, properly, and completely assisted.
866 (h)(n) General victim assistance.—Victims and witnesses
867 shall be provided with such other assistance, such as
868 transportation, parking, separate pretrial waiting areas, and
869 translator services in attending court, as is practicable.
870 (i)(o) Victim Victim’s rights information card or
871 brochure.—A victim of a crime shall be provided with a victim
872 victim’s rights information card or brochure containing
873 essential information concerning the rights of a victim and
874 services available to a victim as required by state law.
875 (j)(p) Information concerning escape from a state
876 correctional institution, county jail, juvenile detention
877 facility, or residential commitment facility.—In any case where
878 an offender escapes from a state correctional institution,
879 private correctional facility, county jail, juvenile detention
880 facility, or residential commitment facility, the institution of
881 confinement shall immediately notify the state attorney of the
882 jurisdiction where the criminal charge or petition for
883 delinquency arose and the judge who imposed the sentence of
884 incarceration. The state attorney shall thereupon make every
885 effort to notify the victim, material witness, parents or legal
886 guardian of a minor who is a victim or witness, or immediate
887 relatives of a homicide victim of the escapee. The state
888 attorney shall also notify the sheriff of the county where the
889 criminal charge or petition for delinquency arose. The sheriff
890 shall offer assistance upon request. When an escaped offender is
891 subsequently captured or is captured and returned to the
892 institution of confinement, the institution of confinement shall
893 again immediately notify the appropriate state attorney and
894 sentencing judge pursuant to this section.
895 (k)(q) Presence of victim advocate during discovery
896 deposition; testimony of victim of a sexual offense.—At the
897 request of the victim or the victim’s parent, guardian, or
898 lawful representative, the victim advocate designated by the
899 state attorney’s office, sheriff’s office, or municipal police
900 department, or one representative from a not-for-profit victim
901 services organization, including, but not limited to, rape
902 crisis centers, domestic violence advocacy groups, and alcohol
903 abuse or substance abuse groups, and the victim’s support person
904 shall be permitted to attend and be present during any
905 deposition of the victim. The victim of a sexual offense shall
906 be informed of the right to have the courtroom cleared of
907 certain persons as provided in s. 918.16 when the victim is
908 testifying concerning that offense.
909 (l)(r) Implementing crime prevention in order to protect
910 the safety of persons and property, as prescribed in the State
911 Comprehensive Plan.—By preventing crimes that create victims or
912 further harm former victims, crime prevention efforts are an
913 essential part of providing effective service for victims and
914 witnesses. Therefore, the agencies identified in this subsection
915 may participate in and expend funds for crime prevention, public
916 awareness, public participation, and educational activities
917 directly relating to, and in furtherance of, existing public
918 safety statutes. Furthermore, funds may not be expended for the
919 purpose of influencing public opinion on public policy issues
920 that have not been resolved by the Legislature or the
921 electorate.
922 (m)(s) Attendance of victim at same school as defendant.—If
923 the victim of an offense committed by a juvenile is a minor, the
924 Department of Juvenile Justice shall request information to
925 determine if the victim, or any sibling of the victim, attends
926 or is eligible to attend the same school as the offender.
927 However, if the offender is subject to a presentence
928 investigation by the Department of Corrections, the Department
929 of Corrections shall make such request. If the victim or any
930 sibling of the victim attends or is eligible to attend the same
931 school as that of the offender, the appropriate agency shall
932 notify the victim’s parent or legal guardian of the right to
933 attend the sentencing or disposition of the offender and request
934 that the offender be required to attend a different school.
935 (n)(t) Use of a polygraph examination or other truth
936 telling device with victim.—A law enforcement officer,
937 prosecuting attorney, or other government official may not ask
938 or require an adult, youth, or child victim of an alleged sexual
939 battery as defined in chapter 794 or other sexual offense to
940 submit to a polygraph examination or other truth-telling device
941 as a condition of proceeding with the investigation of such an
942 offense. The refusal of a victim to submit to such an
943 examination does not prevent the investigation, charging, or
944 prosecution of the offense.
945 (o)(u) Presence of support person or victim advocates
946 during forensic medical examination.—At the request of the
947 victim or the victim’s parent, guardian, or lawful
948 representative, the victim’s support person or a victim advocate
949 from a certified rape crisis center, or both, shall be permitted
950 to attend any forensic medical examination.
951 (2) The secretary of the Department of Juvenile Justice,
952 and sheriff, chief administrator, or any of their respective
953 designees, who acts in good faith in making a reasonable attempt
954 to comply with the provisions of this section with respect to
955 timely victim notification, shall be immune from civil or
956 criminal liability for an inability to timely notify the victim
957 or appropriate next of kin of the victim or other designated
958 contact of such information. A good faith effort shall be
959 evidenced by a log entry noting that an attempt was made to
960 notify the victim within the time period specified by this
961 section.
962 (3)(a) A copy of the guidelines and an implementation plan
963 adopted by each agency which must be published and posted on the
964 agency’s website must also shall be filed with the Governor, and
965 subsequent changes or amendments thereto shall be likewise filed
966 when adopted.
967 (b) A copy of a budget request prepared pursuant to chapter
968 216 shall also be filed for the sole purpose of carrying out the
969 activities and services outlined in the guidelines.
970 (c) The Governor shall advise state agencies of any
971 statutory changes which require an amendment to their
972 guidelines.
973 (d) The Executive Office of the Governor shall review the
974 guidelines submitted pursuant to this section:
975 1. To determine whether all affected agencies have
976 developed guidelines which address all appropriate aspects of
977 this section;
978 2. To encourage consistency in the guidelines and plans in
979 their implementation in each judicial circuit and throughout the
980 state; and
981 3. To determine when an agency needs to amend or modify its
982 existing guidelines.
983 (e) The Executive Office of the Governor shall issue an
984 annual report detailing each agency’s compliance or
985 noncompliance with its duties as provided under this section. In
986 addition, the Governor may apply to the circuit court of the
987 county where the headquarters of such agency is located for
988 injunctive relief against any agency which has failed to comply
989 with any of the requirements of this section, which has failed
990 to file the guidelines, or which has filed guidelines in
991 violation of this section, to compel compliance with this
992 section.
993 (4) The state attorney and one or more of the law
994 enforcement agencies within each judicial circuit may develop
995 and file joint agency guidelines, as required by this section,
996 which allocate the statutory duties among the participating
997 agencies. Responsibility for successful execution of the entire
998 guidelines lies with all parties.
999 (5) Nothing in This section and or in the guidelines
1000 adopted pursuant to it may not this section shall be construed
1001 as creating a cause of action against the state or any of its
1002 agencies or political subdivisions.
1003 (6) Victims and witnesses who are not incarcerated may
1004 shall not be required to attend discovery depositions in any
1005 correctional facility.
1006 (7) The victim of a crime, the victim’s parent or guardian
1007 if the victim is a minor, and the state attorney, with the
1008 consent of the victim or the victim’s parent or guardian if the
1009 victim is a minor, have standing to assert the rights of a crime
1010 victim which are provided by law or s. 16(b), Art. I of the
1011 State Constitution.
1012 (8) For the purposes of this section, a law enforcement
1013 agency or the office of the state attorney may release any
1014 information deemed relevant to adequately inform the victim if
1015 the offense was committed by a juvenile. Information gained by
1016 the victim pursuant to this chapter, including the next of kin
1017 of a homicide victim, regarding any case handled in juvenile
1018 court, must not be revealed to any outside party, except as is
1019 reasonably necessary in pursuit of legal remedies.
1020 (8)(9) As used in this section, the term “chief
1021 administrator” includes the appropriate chief correctional
1022 officers of a county jail or municipal jail, and the appropriate
1023 chief administrator of a juvenile detention facility or
1024 residential commitment facility.
1025 Section 7. Section 960.0015, Florida Statutes, is
1026 renumbered as section 960.0018, Florida Statutes, and amended to
1027 read:
1028 960.0018 960.0015 Victim’s right to a prompt and final
1029 conclusion of case and related proceedings; reporting
1030 requirements speedy trial; speedy trial demand by the state
1031 attorney.—
1032 (1) Section 16(b)(10), Art. I. of the State Constitution
1033 ensures for victims the right to a prompt and final conclusion
1034 of a criminal case and related proceedings, thus minimizing the
1035 period during which the victim must endure the hardships and
1036 responsibilities resulting from participation in a criminal
1037 proceeding, including the stress, cost, and inconvenience of
1038 such participation. To protect and enforce this right to a
1039 prompt and final conclusion of the case and any related
1040 postjudgment proceedings, delays must be limited to only those
1041 necessary to protect the due process rights of the parties.
1042 Delays must be monitored and documented in order to provide
1043 accountability and transparency to the public, victims, and
1044 policymakers.
1045 (2) At the trial court level, the state attorney may file a
1046 good faith demand for a speedy trial, attesting that the state
1047 attorney believes the case is ready to proceed to trial.
1048 (a) Once the demand is filed, the trial court shall notice,
1049 schedule, and hold a hearing on the demand within 15 days after
1050 the filing of the demand.
1051 (b) At the hearing, the trial court shall:
1052 1. Schedule a trial to commence on a date at least 5 days
1053 but no more than 60 days after the date of the hearing, unless
1054 the state and the defense agree to a date outside of these time
1055 parameters; or
1056 2. Deny the state attorney’s demand for speedy trial by
1057 entering a written order with specific findings of fact
1058 justifying a trial date more than 60 days after the hearing.
1059 (3) At the appellate court level, s. 16(b)(10)b., Art. I of
1060 the State Constitution establishes the goal that all appeals
1061 from a final judgment and sentence, including any collateral
1062 attacks on the final judgment and sentence, be complete within 2
1063 years after the date of appeal in noncapital cases and within 5
1064 years after the date of appeal in capital cases. Based on the
1065 State Constitution, the following reporting requirements are
1066 established:
1067 (a) Notice of delay.—If an appeal or a collateral attack is
1068 not final within 2 years for a noncapital case or within 5 years
1069 in a capital case, the chief judge of a district court of appeal
1070 or the Chief Justice of the Supreme Court must enter a notice of
1071 delay in the case, setting forth the date of filing the appeal,
1072 the type of appeal, and the reason or reasons for the failure to
1073 meet the time goals specified in this subsection. The notice of
1074 delay must be filed within 30 days after the applicable time has
1075 expired and must be served on the state attorney, the defendant
1076 and his or her attorney, and the victim if the victim requested
1077 notice.
1078 (b) Aging report.—
1079 1. Beginning on January 31, 2020, and by each January 31
1080 thereafter, the chief judge of a district court of appeal and
1081 the Chief Justice of the Supreme Court shall issue an aging
1082 report on a case-by-case basis to the President of the Senate
1083 and the Speaker of the House of Representatives listing all
1084 cases in which the court:
1085 a. Previously entered a notice of aging, or cases where the
1086 notice of appeal was filed before December 31, 2016, for
1087 noncapital cases or December 31, 2013, for capital cases; and
1088 b. Where the case remains pending as of the January 31
1089 reporting date.
1090 2. The aging report must include the filing date of the
1091 pending appeal, the reason or reasons the chief judge or the
1092 chief justice determined to have caused the delay, and any
1093 suggested actions the Legislature might take to address the
1094 reasons for the delay, thus helping achieve the time goals
1095 specified in this subsection.
1096 3. Any case that appears in an aging report which also
1097 appeared on the previous January’s aging report must include an
1098 itemization of all judicial actions taken on the case during the
1099 previous year and a notation made of any measurable progress on
1100 the case during that time.
1101 4. If the Attorney General, the applicable office of the
1102 public defender, or any other government entity is listed as a
1103 cause of, or a contributor to, the delay, that entity shall have
1104 30 days after a district court of appeals or the Florida Supreme
1105 Court files an aging report to file a response to the report
1106 providing any information such entity deems beneficial. A copy
1107 of the response must be served on the President of the Senate
1108 and the Speaker of the House of Representatives.
1109 (1) The state attorney may file a demand for a speedy trial
1110 if the state has met its obligations under the rules of
1111 discovery, the charge is a felony or misdemeanor, the court has
1112 granted at least three continuances upon the request of the
1113 defendant over the objection of the state attorney, and:
1114 (a) If a felony case, it is not resolved within 125 days
1115 after the date that formal charges are filed and the defendant
1116 is arrested or the date that notice to appear in lieu of arrest
1117 is served upon the defendant; or
1118 (b) If a misdemeanor case, it is not resolved within 45
1119 days after the date that formal charges are filed and the
1120 defendant is arrested or the date that notice to appear in lieu
1121 of arrest is served upon the defendant.
1122 (2) Upon the filing of a demand for a speedy trial, the
1123 trial court shall schedule a calendar call within 5 days, at
1124 which time the court shall schedule the trial to commence no
1125 sooner than 5 days or later than 45 days following the date of
1126 the calendar call. The court may, however, grant whatever
1127 further extension may be required to prevent deprivation of the
1128 defendant’s right to due process.
1129 (3)(a) The trial court may postpone the trial date for up
1130 to 30 additional days upon a showing by the defendant that a
1131 necessary witness who was properly served failed to attend the
1132 deposition and also failed to attend a subsequently scheduled
1133 deposition following a court order to appear. The court may,
1134 however, grant whatever further extension may be required to
1135 prevent deprivation of the defendant’s right to due process.
1136 (b) The trial court may also postpone the trial date for no
1137 fewer than 30 days but no more than 70 days if the court grants
1138 a motion by counsel to withdraw and the court appoints other
1139 counsel. The court may, however, grant whatever further
1140 extension may be required to prevent deprivation of the
1141 defendant’s right to due process.
1142 Section 8. Section 960.0021, Florida Statutes, is amended
1143 to read:
1144 960.0021 Legislative intent; advisement to victims.—
1145 (1) The Legislature finds that in order to ensure that
1146 crime victims can effectively understand and exercise their
1147 rights under s. 16, Art. I of the State Constitution, and to
1148 promote law enforcement that considers the interests of crime
1149 victims, victims must be properly advised in the courts of this
1150 state.
1151 (2) The courts may fulfill their obligation to advise crime
1152 victims by:
1153 (a) Making the following announcement at any arraignment,
1154 sentencing, or case-management proceeding:
1155
1156 “If you are the victim of a crime with a case pending
1157 before this court, you are advised that you have the
1158 right:
1159 1. To be informed.
1160 2. To be present.
1161 3. To be heard, when relevant, at all crucial
1162 stages of criminal court proceedings to the extent
1163 that these rights do not interfere with the
1164 constitutional rights of the accused.
1165 4. To receive advance notification, when
1166 possible, of judicial proceedings and notification of
1167 scheduling changes, pursuant to section 960.0017
1168 960.001, Florida Statutes.
1169 5. To seek crimes compensation and restitution.
1170 6. To consult with the state attorney’s office in
1171 certain felony cases regarding the disposition of the
1172 case.
1173 7. To make an oral or written victim impact
1174 statement at the time of sentencing of a defendant.
1175
1176 For further information regarding additional rights
1177 afforded to victims of crime, you may contact the
1178 state attorney’s office or obtain a listing of your
1179 rights from the Clerk of Court.”
1180 ; or
1181 (b) Displaying prominently on the courtroom doors posters
1182 giving notification of the existence and general provisions of
1183 this chapter. The Office of the Attorney General Department of
1184 Legal Affairs shall provide the courts with the posters
1185 specified by this paragraph.
1186 (3) The chief judge of a circuit court administrator shall
1187 coordinate efforts to ensure that victim rights information, as
1188 established in s. 16(b), Art. I of the State Constitution s.
1189 960.001(1)(o), is provided to the clerk of the court.
1190 (4) This section is only for the benefit of crime victims.
1191 Accordingly, a failure to comply with this section shall not
1192 affect the validity of any hearing, conviction, or sentence.
1193 Section 9. Paragraph (b) of subsection (1) of section
1194 945.10, Florida Statutes, is amended to read:
1195 945.10 Confidential information.—
1196 (1) Except as otherwise provided by law or in this section,
1197 the following records and information held by the Department of
1198 Corrections are confidential and exempt from the provisions of
1199 s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
1200 (b) Preplea, pretrial intervention, and presentence or
1201 postsentence investigative records, except as provided in s.
1202 960.001(1)(g).
1203 Section 10. Section 958.07, Florida Statutes, is amended to
1204 read:
1205 958.07 Presentence report; access by defendant.—The
1206 defendant is entitled to an opportunity to present to the court
1207 facts which would materially affect the decision of the court to
1208 adjudicate the defendant a youthful offender. The defendant, his
1209 or her attorney, and the state shall be entitled to inspect all
1210 factual material contained in the comprehensive presentence
1211 report or diagnostic reports prepared or received by the
1212 department. The victim, the victim’s parent or guardian if the
1213 victim is a minor, the lawful representative of the victim or of
1214 the victim’s parent or guardian if the victim is a minor, or the
1215 victim’s next of kin in the case of a homicide may review the
1216 presentence investigation report as provided in s.
1217 960.001(1)(g)2. The court may withhold from disclosure to the
1218 defendant and his or her attorney sources of information which
1219 have been obtained through a promise of confidentiality. In all
1220 cases in which parts of the report are not disclosed, the court
1221 shall state for the record the reasons for its action and shall
1222 inform the defendant and his or her attorney that information
1223 has not been disclosed.
1224 Section 11. This act shall take effect July 1, 2019.
