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disproportionately affected populations. Florida’s efforts continue to focus on building capacity to impact multiple forms of violence by addressing shared risk and protective factors. With a focus on community level efforts.
6.2 RAPE CRISIS PROGRAM TRUST FUND
In 2003, the Florida Legislature created the Sexual Battery Victims’ Access to Services Act (section 794.055, F.S.) and the Rape Crisis Program Trust Fund (section 794.056, F.S.). The Sexual Battery Victims’ Access to Services Act acknowledges that victims of sexual assault in the state of Florida should have access to basic services including: • Hotline • Crisis intervention • Advocacy • Support services • Therapy • Medical intervention • Service coordination • Community Awareness
The Act created a funding system for distribution of monies generated by a $151 surcharge assessed on each offender who pleads guilty or nolo contender or found guilty of sexual battery and other offenses that included many of the aggravated battery and other battery offenses. While the clerk of the court retained $1 of the surcharge, DCF deposits $150 in the Rape Crisis Program Trust Fund. This Act requires the Department of Health to contract with a statewide, nonprofit association to distribute these funds to provide sexual battery recovery services.
Per Florida Statutes, DCF must use funds received under section 938.085, F.S. to provide sexual battery recovery services to victims and their families. Department of Health retains five percent for administrative costs and provides the remaining 95 percent to the Florida Council Against Sexual Violence (FCASV) via contract. The FCASV retains no more than 15 percent of the funds for statewide initiatives and distributes the remainder of the funds to rape crisis centers, based on an allocation formula that takes into account the population and rural characteristics of each county.
6.3 FLORIDA LAW RELATED TO STATUTORY RAPE (SECTIONS 382.356, 409.2355, 827.04, F.S.)
1. Section 827.04, F.S., mandates that a person age 21 or older who impregnates a child less than 16 years old commits an act of child abuse which is a third-degree felony punishable under sections 775.082, 775.083, or 775.084, F.S. Neither the victim’s lack of chastity nor the victim’s consent is a defense to the crime proscribed under this subsection.