FL S1028

Establishes the "Sexual Assault Survivors' Bill of Rights" granting survivors the right to a sexual assault counselor during medical examinations and law enforcement interviews, with communications remaining confidential and privileged

Requires sexual offense evidence kits to be submitted to crime laboratories within 5 days of law enforcement receipt and analyzed within 60 days, with DNA profiles uploaded to the FBI's CODIS database

Mandates retention of sexual offense evidence kits for a minimum of 20 years, or until the survivor reaches age 40 if they were a minor when the offense occurred

Prohibits charging survivors for medical forensic examinations and bars using evidence kits to prosecute survivors for misdemeanors or drug crimes under chapter 893

Requires the Department of Legal Affairs to establish a tracking system by July 1, 2020, allowing survivors to monitor their kit's location and status by telephone or internet, with law enforcement agencies submitting inventory reports of unanalyzed kits to the Auditor General

Creates a private cause of action allowing survivors to seek injunctive relief or recover actual damages or $1,000 (whichever is greater), with potential treble damages up to $6,000 for willful violations