The 2008 legislative session included the same funding levels as last year for rape crisis centers and the passage of a variety of substantive bills related to sexual violence including employee leave protections for victims of sexual violence. The legislature also failed to pass a variety of substantive proposals for sexual violence victims including housing protections and legislation providing greater protections for victims of sex trafficking and prostitution.

Budget Update
A long with our sponsors, Senator Arthenia Joyner (D-Tampa) and Rep. Will Snyder (R-Stuart), FCASV was successful in securing $400,000 for rape crisis services in the state budget for fiscal year 2008-2009. While this funding level is the same as last year’s state funding for rape crisis services, funds in this year’s budget come from the Crimes Compensation Trust Fund. The Office of the Attorney General supported our efforts to secure level funding by supporting the legislature in tapping reserves in the Crimes Compensation Trust Fund. General revenue funding was almost completely unavailable this year due to the dire economic outlook for the state of Florida making it necessary to find a different source for funding. FCASV will continue to generally guard the use of the Crimes Compensation Trust Fund for direct victim needs, however FCASV views one-time usage of these funds to protect rape crisis centers as essential for ensuring the availability of services to victims of sexual violence. For more information on trends effecting the Crimes Compensation Trust Fund see "Current Trends and Issues with the Crimes Compensation Trust Fund."

The budget also included level budget authority through the rape crisis program trust fund (RCPTF). Funding through the RCPTF to rape crisis programs is at virtually the same level as last year.

Legislation that passed in 2008
• Employee Leave
• Confidentiality Protections
• RCPTF Glitch Fix
• Exploited Children
• Anti-Bullying Protections
• Increased Penalties for Lewd & Lascivious Offenses
• No Contact with Crime Victims
• Elder Abuse
• Dating Violence
• Video Voyeurism
• Material Harmful to Minors

Employee Leave for Victims of Sexual Violence
HB 489 by Rep. Evan Jenne (D-Davie)
House Co-Sponsors: Bucher, Gibbons, Heller, Kiar, Porth
Senate Companion: SB 994 by Senator Mike Fasano (R-Port Richey) Senate Co-Sponsors: Crist, Joyner

This legislation was FCASV’s top priority during the 2008 session and adds victims of sexual violence to FS 741.313 which provides employment protections for victims of domestic violence. The bill mandates up to three (3) days of leave (which can be paid or unpaid at the discretion of the employer) to victims of sexual violence or their family or household members to deal with issues that arise from the crime. For more information on this legislation and how you can help make sure victims are aware of new protections see, “Employee Leave Now Available for Victims of Sexual Violence”. HB 1141 (SB 2574), linked to HB 489 (SB 994) also passed and ensures that employer records related to employee leave for victims of sexual violence are exempt from public record.

Open Government Sunset Review/
Victims of Child Abuse or Sex Crimes
SB 1618 by the Criminal Justice Committee
House companion: HB 7107 by the Government Efficiency & Accountability Council

While this legislation is very complicated, at its heart it expands the exemption for certain victim information in sex offense and child abuse cases by making it confidential and exempt from public record requirements (the information was previously only exempt). It also expands the exemption to include sexual offenses prohibited under provisions for prostitution and obscenity. For more information on this legislation, please see, “Legislature Passes Stronger Confidentiality Protections for Victims of Sexual Violence”

Trust Funds/Department of Health
SB 2122 by Senator Durell Peaden (R-Crestview)
House companion: HB 5025 by Rep. Aaron Bean (R-Fernandina Beach)

SB 2122 was a procedural bill to review trust funds in the Department of Health. Through an amendment suggested by FCASV and sponsored by Rep. Loranne Ausley (D-Tallahassee) and Senator Durell Peaden (R-Crestview), the bill clarified language in the Rape Crisis Program Trust Fund statute related to administrative costs. The amendment stated that the five (5) percent limit on administrative costs applies to the Department specifically and not necessarily to rape crisis programs. The bill was signed into law on April 21, 2008.

Exploited Children
SB 1442 by Senator Paula Dockery (R-Lakeland)
Senate Co-Sponsors: Baker and Lynn
House Companion: HB 605 by Rep. David Rivera (R-Miami)
House Co-Sponsor: Kravitz

FCASV supported this bill that provides Florida victims of child pornography the opportunity to be heard in court and to be compensated for the crimes committed against them by the continued distribution of images of their sexual abuse. While victims have those rights in federal court, there was no similar law in any other state to protect victims. Specifically, SB 1442:
• Allows for the use of a pseudonym in court records and proceedings instead of revealing the victim’s name;
• Requires law enforcement officers who recover child pornography images during an investigation to provide these images and other identifying information to the National Center for Missing and Exploited Children;
• Requires prosecutors to enter certain information into the Victims in Child Pornography Tracking Repeat Exploitation database maintained by the Office of the Attorney General;
• Creates a new state civil remedy, allowing victims of child pornography to recover actual damages and costs against a producer, promoter, or possessor of images involving the victim;
• Provides that these victims of child pornography shall be deemed to have sustained minimum damages of $150,000;
• Allows the Office of the Attorney General to pursue cases on behalf of child pornography victims, and to seek any reasonable attorney’s fees and costs; and
• Allows known victims of child pornography and child victims of online sexual exploitation who suffer psychiatric or psychological injury as a direct result of the crime to file a victim’s compensation claim.

Note: In 2002, the United States Supreme Court held that computer-generated child pornography is not illegal if no actual child was used in the production of the images. This ruling allows defendants to argue that the child pornography images found on their computers are images of virtual children, not real children, and, therefore, are not criminal. Prosecutors must then establish the identity of the children in order to win a conviction.

Jeffrey Johnston Stand Up for All Students Act
HB 669 by Representatives Nick Thompson (R-Ft. Myers), Ellyn Bogdanoff (R-Ft. Lauderdale and Gary Aubuchon (R-Cape Coral)
House CoSponsors: Altman, Bean, Bucher, Holder, Kendrick, Kiar, Kreegel, Kriseman, Patronis, Planas, Schenck, Scionti, Vana, Waldman and Williams
Senate Companion: SB 88 by Senator Carey Baker (R-Esutis)
Senate CoSponsors: Bennett, Dockery

On June 10, Governor Crist signed the Jeffrey Johnston Stand Up for All Students Act. Named after a Cape Coral teen who committed suicide in 2005 after being bullied for two years, the measure requires school districts to adopt policies prohibiting bullying and harassment during any educational program or activity; during any school-related or school-sponsored activity or on a school bus; or through the use of computers. Such policies must include notification of the parents of the victim and perpetrator, referring the victim and perpetrator to counseling, and regular updates to the victim’s parents about actions taken to protect the victim. The state Department of Education must create a model policy and make it available to school districts no later than October 1, 2008. School districts then have until December 1 to adopt such policies, or they lose a portion of their state funding for "safe schools" programs.

Versions of this bill have been working their way through the legislature for the past several years including provisions in earlier drafts to specifically protect sexual minorities in schools. Language protecting specific groups of students is not included in this legislation.

Lewd or Lascivious Molestation
HB 85 by Representative Dick Kravitz (R-Jacksonville)
House CoSponsors: Adams, Ambler, Aubuchon, Brandenburg, Carroll, Davis, Domino, Dorworth, Evers, Fields, Ford, Garcia (L), Gibson, (H), Glorioso, Harrell, Hays, Holder, Hooper, Hudson, Jenne, Jordan, Kelly, Kiar, Legg, McBurney, Nehr, Nelson, Richter, Robaina, Roberson, Sachs, Scionti, Simmons, Snyder, Thompson (N), Troutman, Zapata
Senate Companion SB 0496 by Senator Paula Dockery (R-Lakeland)
Senate Co-Sponsors: Fasano

This legislation requires a life sentence for second or subsequent offenses of lewd or lascivious molestation against a victim less than 12 years of age.

Orders of No Contact With Victims of Crimes
SB 622 by Senator Paula Dockery (R-Lakeland)
Senate CoSponsors: Lynn, Crist
House Companion: HB 117 by Rep. Sandy Adams (R-Orlando)
House CoSponsors: Dorworth, Homan, Hooper, Hudson, Kelly, Kravitz, Needelman, Nehr, Nelson, Porth, Proctor, Scionti, Snyder, Richardson

FCASV supported this legislation that requires that offenders convicted of specified violent offenses, including, but not limited to, arson, sexual battery, robbery, kidnapping, aggravated child abuse, aggravated abuse of an elderly person or disabled adult, aggravated assault with a deadly weapon, murder, manslaughter, or aggravated stalking be prohibited from having any contact with the victim for the duration of the sentence imposed.

Elderly Persons & Disabled Adults/Abuse & Neglect
SB 366 by Senator Gwen Margolis (D-Miami/Dade)
CoSponsors: Bullard, Fasano, Lynn
House Companion: HB 233 by Rep. Tom Anderson (R-Holiday)
CoSponsors: Ambler, Grant, Heller, Holder, Meadows, Porth, Sachs, Scionti, Gibbons

This legislation reclassifies the offense of aggravated abuse of an elderly person or disabled adult from a second-degree felony to a first-degree felony. Requires certified law enforcement officers to complete training in identifying and investigating elder abuse and neglect before June 30, 2011.

Dating Violence: Barwick-Ruschak Act
HB 313 by Rep. Kurt Kelly (R-Ocala)
CoSponsors: Adams, Carroll, Cretul, Harrell, Kiar, Kreegel, Proctor, Zapata
Senate Companion: SB 1188 by Senator Charlie Dean (R-Inverness)
Senate Co-Sponsor: Lynn

FCASV and FCADV testified in support of this legislation that revises provisions relating to dating violence incidents to provide requirements for investigations, notice to victims, and reporting similar to those for incidents of domestic violence. The bill also prohibits certain willful violations of pretrial release conditions and provides for warrantless arrest of violators.

Video Voyeurism
HB 537 by Rep. Chris Dorworth (R-Heathrow)
CoSponsors: Ambler, Boyd, Braynon, Carroll, Grant, Hudson, Kelly, Kiar, Patronis, Zapata
Senate Companion SB 0328 by Senator Dave Aronberg (D-Green Acres)
Senate Co-Sponsor: Fasano

This legislation increases penalties for specified video voyeurism offenses committed by certain persons who are responsible for the welfare of a child younger than 16 years of age or are employed at school or voluntary prekindergarten education program or by persons 24 years of age or older against a child younger than 16 years of age. The bill also provides enhanced penalties for specified video voyeurism offenses committed by persons who have committed previous violations.

Material Harmful to Minors
HB 559 by Rep. Robert Schenck (R-Spring Hill)
CoSponsors: Carroll, Evers, Ford, Holder, Hooper, Kiar, Legg, Precourt, Robaina, Scionti, Snyder, Zapata
Senate Companion: SB 1128 by Senator Mike Fasano (R-Port Richey)

FCASV supported this legislation that aims to criminalize businesses or individuals that target minors for “modeling” or other similar activities that are then posted on the internet and viewed as erotic images. It expands what materials might be determined harmful to minors by amending the second prong of the definition of “harmful to minors” to read: “Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors.” This legislation also prohibits distributing certain materials to minors; prohibits knowingly using a minor in production of certain materials, regardless of whether those materials are intended for distribution to minors or actually distributed to minors; provides that ignorance of a minor's age or a minor's consent is not a defense in prosecution for specified violations.

Legislation that failed in 2008:
• Housing Protections
• Sex Trafficking/Prostitution
• Sex Offenders
• Sexual Battery/Termination of Parental Rights

Housing Protections for Victims of Sexual Violence
HB 931 by Rep.Trudi Williams (R-Ft. Myers)
House CoSponsors: Bucher, Cretul
SB 1408 by Senator Nan Rich (D-Sunrise)
Senate CoSponsor: Fasano

FCASV supported FCADV in prioritizing and pushing for increased housing protections for victims of sexual and domestic violence. FCADV worked hard to have both the House and Senate bill heard in committee where advocates testified in support of the legislation. Unfortunately, due in large part to opposition by the Florida Apartment Association, the legislation ultimately died in committee.

If passed, this legislation would have enabled victims of sexual and domestic violence to break a lease if necessary as a result of the crimes. The bill would also have prohibited landlords from discriminating against a victim of domestic violence, dating violence, repeat violence, or sexual violence and required landlords to change door and other locks under certain circumstances.

Legislation Relating to Sex Trafficking/Prostitution
HB 1151 by Rep. Dorothy Hukill (R-Daytona)
CoSponsors: Carroll, Harrell, Legg, Proctor, Schwartz, Scionti, Williams, Zapata
SB 1722 by Senator Arthenia Joyner (D-Tampa) and Senator Evelyn Lynn (R-Daytona)

This legislation, a combination of several earlier bills, passed in the House but died in committee in the Senate. Meg Baldwin, executive director of Refuge House, worked closely with FCASV staff and Rep. Hukill to craft legislation to protect those in prostitution and target those procuring prostitution for punishment. These bills would have increased penalties for forcing, compelling, or coercing a minor to become a prostitute; expanded prohibitions relating to rental of certain facilities for prostitution-related activities; and originally provided that a business entity convicted of certain violations may be subject to specified sanctions andforfeiture of property (this section was removed from the House before passage). Senator Arthenia Joyner’s proposed legislation to deter businesses from promoting travel services for commercial sexual purposes was also amended onto this bill.
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Statewide Task Force on Human Trafficking
SB 1732 by Senator Arthenia Joyner (D-Tampa)
Senate CoSponsor: Dockery
HB 1181 by Rep .Geraldine Thompson (D-Orlando)

FCASV supported legislation to create the Florida Statewide Task Force on Human Trafficking. Although this bill passed the full Senate, it died in the House. If passed, the task force would have included a representative from FCASV.

Legislation and Policy Relating to Sex Offenders
SB 1430 by Senator Dave Aronberg (D-Greenacres)
HB 1107 by Rep. Rich Glorioso (R-Plant City)
HB 1351 by Rep. David Simmons (R-Altamonte Spring)
SB 2490 by Senator Victor Crist (R-Tampa)

A variety of proposed legislation relating to sex offenders was put forward during the 2008 legislative session though no substantive legislation in this arena passed. FCASV worked closely with Senator Aronberg to pass provisions pre-empting local ordinances related to offender residency restrictions. FCASV also worked with members of the House on efforts to define certain loitering and/or prowling zones and make those off-limits to sex offenders.

FCASV also signed onto a letter authored by the ACLU of Florida asking Governor Crist to appoint a task force to look into the efficacy of residency restrictions. Of particular concern is the role of residency restrictions in contributing to offender homelessness—including large number of offenders living under a bridge in Miami—making these offenders impossible to track.

Sexual Battery/Termination of Parental Rights
HB 0271 by Rep. Ed Hooper (R-Clearwater)
CoSponsor: Scionti
SB 638 by Senator Dennis Jones (R-Seminole)
CoSponsors: Dockery, Gaetz

FCASV provided testimony in support of this legislation that would have provided grounds for terminating parental rights when the parent has pled guilty or nolo contendere to, or is convicted of, a sexual battery, which results in the victim giving birth to a child. The bill also would have provided that if a child is born as a result of a sexual battery, the court may order the defendant to pay restitution to the victim for the monetary expenses related to the support of the child. The bill died in committee in both the House and Senate.

This project was supported by Grant Number 2005-WF-AX-0055 awarded by the Violence Against Women Grants Office, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice or the Florida Department of Children and Families.