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Up-to-date legislative information and
sexual violence issues
in the news
2008 Legislative
Wrap-Up
The 2008 legislative session included
level funding 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
Along 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.
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 minors 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
and forfeiture 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.
.
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.
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One
In Nine; Rape in Florida: A Report to the State
Prepared by the National Violence Against Women
Prevention Research Center
Ruggiero, K. J., & Kilpatrick, D. G. (2003)
Statistics include:
•
Nationally, an average of 13.4% of adult women
have been the victim of one or more completed
forcible rapes during their lifetime.
• In Florida, approximately 11.1% of adult
women (713,000) have been the victim of one or
more completed forcible rapes during their lifetime.
• Approximately 220,000 women have developed
post traumatic stress disorder (PTSD) as a result
of rape.
• Women between the ages of 20-44 had the
highest levels of risk for having ever been raped.
• This estimate is conservative because
it does not include women who have experienced
attempted rape, drug/alcohol facilitated rapes,
incapacitated rapes or statutory rapes. Men and
boys were also not included.
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State
Funding for Rape Crisis Services
In
landmark legislation passed in 2003, the Florida
legislature created a rape crisis program trust
fund. A $151 fine on certain convicted offenders
is designated to this trust fund; however, significant
revenue from this fine is not likely to be generated
for several years. General revenue is needed to
ensure that rape crisis centers are able to provide
the basic services that most victims of sexual
assault need. Victims of sexual assault can’t
wait for offenders to be convicted and pay before
they receive basic services.
Why
is funding needed now?
Rape
is a big problem in Florida.
According to national researchers, approximately
one out of every nine adult women in Florida has
been the victim of forcible rape, which is over
700,000. This figure does not include teenagers,
one of the populations most at risk, or male victims
(Ruggiero and Kilpatrick, 2003), and is considered
a conservative estimate.
Rape crisis programs are experiencing severe staffing
shortages, have insufficient funds to meet the
state’s need. Fewer than 10% of sexual violence
programs are able with current resources to provide
the standard services identified as those most
needed by rape victims. As a result, many programs
have waiting lists. Florida ranks 47th in the
nation in the number of rape crisis programs per
capita. Considering that 1 out of every 9 women
has been the victim of forcible rape, one program
exists for every 18,000 adult, female survivors.
-
There are approximately 100 rape crisis advocates
in the state of Florida who provide services
24 hours a day, 7 days a week. In order to serve
every victim of rape in Florida, each advocate
would need to reach 7,130 female survivors to
provide hotline services, crisis intervention,
advocacy, medical intervention and counseling.
- Rape
crisis centers rely on Victims of Crime Act
(VOCA) federal funding in order to keep their
doors open. As a result of caps and changes
in the VOCA formula, funding to victim assistance
programs has decreased by $30 million over the
past three years.
- Violence
Against Women Act (VAWA) federal funding has
helped make systemic changes in our state’s
response to sexual assault. However, only a
handful of rape crisis centers receive victim
services money through VAWA.
- While
several rape crisis centers receive local support
from county governments and United Way, those
resources are diminishing. Even counties with
a historic commitment to rape crisis services
are threatening severe budget cuts
Scarce
availability of rape crisis services is a hardship
on victims.
- Over
50% of programs provide services to more than
1 county.
- Rural
counties and outlying areas have very few, if
any, services available. Many victims
have to drive 2 hours or wait 2 weeks until
a rape crisis counselor is available to visit
their county.
- Many
survivors receive forensic medical services
from personnel with no specialized training.
Florida
lags behind other states.
- Most
states provide general revenue to ensure the
continued existence of sexual assault services.
Southern states, such as Georgia and Virginia,
support rape crisis services as do the majority
of large states such as California and New York.
Sexual
assault hurts our state’s economy, and the
economic impact worsens if victims do not receive
the services they need to re-gain their stability.
-
Medical expenses, lost productivity, treatment
of psychological trauma, pain and suffering
are estimated to cost each victim $110,000 (USDOJ).
-
21% of victims miss eleven or more days from
work as a result of the crime. The loss of productivity
based on each sexual assault is estimated at
$1,261 per victim (Bureau of Justice Statistics).
Sexual
violence is costly to community well-being.
-
Victims of sexual assault who do not receive
services are at risk for increased substance
abuse, mental health problems including major
depression, suicide, and post-traumatic stress
disorder (National Center for Victims of Crime,
1999).
- Rape
is responsible for 11-20% of teenage pregnancies
(Boyer and Fine, 1993).
-
Rape survivors’ visits to medical providers
increase almost 60% a year after the assault
and over 30% in the second year after the assault
(Koss, 1993).
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Each
victim of sexual assault has suffered terrible trauma.
Let’s make sure, in the state of Florida,
each victim is also offered an opportunity to heal.
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