Sexual Violence Task Force of Tampa Bay

2009-2010 Florida Legislative Wrap-Up

* There are many bills which may have a direct or indirect effect on sexual violence issues (ex. domestic violence bills, internet safety, elder abuse bills); this is simply a brief overview of more specific bills as they relate to sexual violence.

Not Passed:

• HB 799/SB 1302- Victim Advocate Bill. This is the bill that the Change committee of SVTF of Tampa Bay worked on during the past session. Several redrafts were needed, as well as an amendment, but it was not in time to make it onto the agenda. The bill would provide for a victim advocate at every college campus 10,000 or more students or campuses which provide 4 year degrees. The legislation was inspired by survivors who attended community colleges which did not have victim advocates, which significantly impeded their safety, healing, and education. Status: Not heard

• SB 1502/HB 169- Human Sexuality Education. This bill would require factually and medically accurate human sexuality education, including education about sexual coercion, be provided in grades 7-12. Status: Not heard

• HB 633/SB 966- Human Trafficking. This bill addresses the (increasing) problem of human trafficking within massage parlor institutions, and would increase regulation of those institutions for the purposes of eliminating trafficking and apprehending offenders. Status: Passed in House, died in messages to Senate

• SB 104/HB 1611- Sexual Activity Involving Animals. Due to research showing a connection between abusive behavior toward animals and abusive behavior toward people, this bill would create a first degree misdemeanor offense for sexual contact or conduct with an animal for purposes of sexual gratification. Status: Passed in Senate, Died in Messages to House

• HB 535/SB 1700- Sexual Exploitation. This bill mandates safety provisions for child victims of sexual exploitation and treat child prostitution as a need for intervention and treatment rather than criminal proceedings. Status: Died in Committee on Children, Families, and Elder Affairs

• SB 946- Relating to Injunctions for Domestic/Repeat/Sexual/Dating Violence. This bill would require the court, in certain circumstances, to order the sheriff to take into custody and keep in custody, for a specified period of time, the respondent of an injunction of protection for domestic/repeat/sexual/dating violence. Status: Died in Committee on Criminal Justice

• SB 932/HB 429- Sexual Offenses Involving the Internet. This bill would prohibit those convicted of sexual offenses involving the internet from accessing the internet, provide fro criminal penalties, and provides an employment exception. Status: Died in Committee on Criminal Justice

• HB 819/SB 1334- Sexual Misconduct with Students By Authority Figures. This bill provides for a reclassification of specific sexual offenses committed against students by authority figures. Status: Died in Criminal and Civil Justice Appropriations Committee

• HB 1335/SB 2560- Sexting. This bill would provide for specified misdemeanor charges related to offenses involving “sexting“, and community service for a first violation (in an effort to address the problem of youth being charged with felonies for “sexting”. Status: Passed in Senate, died in House- Criminal and Civil Justice Appropriations Committee

• SB 652/HB 517- Reproductive Health Services/Rape Survivors. This bill creates the “Prevention First Act”, which provides the duties of licensed health care professional and facilities as related to the treatment of rape survivors. One provision specifically requires the dispensing of certain emergency contraception and birth control with educational materials and without delay. Status: Died in Committee on Health Regulation

Passed:

• HB 525/SB 870- Statute of Limitations for Victims of Sexual Battery under 16 Eliminated. Effective July 1st, 2010 (applying to cases which by that time, the statute of limitations hasn‘t already run out), this legislation eliminates the statute of limitations for sexual battery (criminal or civil case) when the victim is under the age of 16. There are also provisions for a victim’s ability to sue a negligent institution.

• HB 917 (combined with HB 229)/SB 400- Augmentation of Rape Crisis Program Trust Fund. This legislation added mandatory fines to the rape crisis program trust fund to additional sexually related offenses including sex offender registry offenses, voyeurism, trafficking, exposure, and certain prostitution offenses.

• HB 467/SB 642- Dating Violence Prevention Education. Effective July 1st, 2010, this legislation requires teen dating violence and abuse prevention education to be included in comprehensive health education for grades 7-12. Each school district creates its own policy for prohibiting abuse and violence, and its own education program focused on prevention based on some curriculum guidelines. The amendment requested by the Florida Council Against Sexual Violence that the language specifically include sexual violence was not granted.

• HB 119/SB 1284- Improve Management of Sex Offenders. This legislation provided for significant changes and improvements to sex offender management, including creating child safety zones, improving residency restriction issues, creating a uniform definition of “qualified practitioners” for the purposes of evaluating and treating sex offenders, and other provisions. Effective May 26th, 2010.

• HB 9063/SB 2782- Sexual Assault Awareness Month Resolutions. Designating April as Sexual Assault Awareness Month, passed May 8th in the Senate, and April 20th in the House.

Emily Tocci

Change Chair

Averi Fegadel

Change Member