Senate Bill sb2310

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    Florida Senate - 2006                                  SB 2310

    By Senators Wilson and Fasano





    33-1000-06

  1                      A bill to be entitled

  2         An act relating to the Florida Statewide

  3         Advocacy Council; amending s. 402.164, F.S.;

  4         redefining the term a "client" to include a

  5         child, juvenile, or youth; redefining the term

  6         "client services" to include services that are

  7         provided to a client by a service provider

  8         licensed or regulated by the state; amending s.

  9         402.165, F.S.; transferring the Florida

10         Statewide Advocacy Council from the Executive

11         Office of the Governor to the Department of

12         Legal Affairs; providing for the appointment of

13         members to the statewide council; providing

14         criteria for appointment to the council;

15         providing procedures by which the Attorney

16         General may fill a vacancy on the statewide

17         council; requiring the Attorney General to

18         select an executive director for the statewide

19         council; requiring the executive director to

20         prepare a budget for submission to the

21         Legislature; providing for notice for telephone

22         conference calls; amending s. 402.166, F.S.;

23         requiring that local councils operate within

24         areas approved by the Attorney General;

25         providing for the inclusion on the local

26         council of persons who have experience in

27         social services and law enforcement; providing

28         procedures by which the Attorney General may

29         fill vacancies on a local council; amending s.

30         402.167, F.S.; requiring each state agency

31         providing client services to ensure that all

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 1         contract providers, including subcontractors,

 2         are informed of the powers, duties, and

 3         responsibilities of the statewide and local

 4         councils; providing an effective date.

 5  

 6  Be It Enacted by the Legislature of the State of Florida:

 7  

 8         Section 1.  Paragraphs (b) and (c) of subsection (2) of

 9  section 402.164, Florida Statutes, are amended to read:

10         402.164  Legislative intent; definitions.--

11         (2)  As used in ss. 402.164-402.167, the term:

12         (b)  "Client" means a client as defined in s. 393.063,

13  s. 394.67, s. 397.311, or s. 400.960;, a forensic client or

14  client as defined in s. 916.106;, a child or youth as defined

15  in s. 39.01;, a child as defined in s. 827.01; a child,

16  juvenile, or youth as defined in s. 985.03;, a family as

17  defined in s. 414.0252;, a participant as defined in s.

18  400.551;, a resident as defined in s. 400.402;, a Medicaid

19  recipient or recipient as defined in s. 409.901;, a child

20  receiving child care as defined in s. 402.302;, a disabled

21  adult as defined in s. 410.032 or s. 410.603;, or a victim as

22  defined in s. 39.01 or s. 415.102 as each definition applies

23  within its respective chapter.

24         (c)  "Client services" means health and human services

25  that are provided to a client by a state agency or a service

26  provider operated, funded, licensed, regulated, or contracted

27  by the state.

28         Section 2.  Section 402.165, Florida Statutes, is

29  amended to read:

30         402.165  Florida Statewide Advocacy Council;

31  confidential records and meetings.--

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 1         (1)(a)  The Florida Statewide Advocacy Council shall be

 2  located in the Department of Legal Affairs Executive Office of

 3  the Governor but may be assigned by the Legislature Governor

 4  for administrative support purposes to any state Governor's

 5  agency. Members of the council shall represent the interests

 6  of clients who are served by state agencies that provide

 7  client services. In the performance of its duties, the

 8  statewide council is not subject to control, supervision, or

 9  direction by any state agency or governmental entity providing

10  client services in the performance of its duties.

11         (b)  The council shall consist of not fewer less than

12  15 and not more than 20 residents of this state, one from each

13  service area designated by the statewide council, who broadly

14  represent the interests of the public and the clients of the

15  state agencies that provide client services. Members of the

16  council shall be appointed by the Attorney General from a list

17  of nominations submitted as follows:

18         1.  Four nominations by the Governor.

19         2.  Four nominations by the President of the Senate.

20         3.  Four nominations by the Speaker of the House of

21  Representatives.

22         4.  Three nominations by the Chief Financial Officer.

23  

24  If the council elects to expand the council to the maximum

25  membership of 20 members, the remaining five members shall be

26  appointed by the Attorney General.

27         (c)  The members shall be representative of groups of

28  state residents as follows: a provider who delivers client

29  services; a nonsalaried representative of nonprofit agencies

30  or civic groups; a representative of consumer groups who is

31  currently receiving, or has received, one or more client

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 1  services within the past 4 years; a representative who has

 2  experience in social services; a representative who has

 3  experience in law enforcement or other professional

 4  investigations; and two residents of the state who do not

 5  represent any of the foregoing groups, but may represent a

 6  health-related profession or the legal profession.  In

 7  appointing the representative of the health-related

 8  professions, the appointing authority shall give priority of

 9  consideration to a physician licensed under chapter 458 or

10  chapter 459; and, in appointing the representative of the

11  legal profession, the appointing authority shall give priority

12  of consideration to a member in good standing of The Florida

13  Bar. Of the remaining members, no more than one shall be an

14  elected official. Except for the member who is an elected

15  public official, each candidate for the statewide council must

16  be given priority consideration if he or she has completed at

17  least one term served as a member of a local council or the

18  Florida Statewide Advocacy Council.

19         (d)  Persons related to each other by consanguinity or

20  affinity within the third degree may not serve on the

21  statewide council at the same time.

22         (2)  Members of the statewide council shall be

23  appointed to serve terms of 4 years. A member may not serve

24  more than two full consecutive terms, unless he or she is

25  recommended by all local councils in the area and approved by

26  the statewide council.

27         (3)  If a member of the statewide council fails to

28  attend two-thirds of the regular council meetings or

29  two-thirds of conference-call meetings during the course of a

30  year, the position held by the member may be deemed vacant by

31  the council. The Attorney General Governor shall fill the

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 1  vacancy according to subsection (4). If a member of the

 2  statewide council violates this section or procedures adopted

 3  under this section, the council may recommend to the Attorney

 4  General Governor that the member be removed.

 5         (4)  The Attorney General Governor may fill a vacancy

 6  on the statewide council from a list of nominees submitted by

 7  the nominating authority statewide council or appoint any

 8  qualified person. A list of candidates may be submitted to the

 9  nominating authority statewide council by the statewide

10  council or a local council in the service area from which the

11  vacancy occurs.  Priority of consideration shall be given to

12  the appointment of an individual who is receiving one or more

13  client services and whose primary interest, experience, or

14  expertise lies with a major client group that is not

15  represented on the council at the time of the appointment.  If

16  the Attorney General does not make an appointment is not made

17  within 60 days after a vacancy occurs on the statewide

18  council, the vacancy may be filled by a majority vote of the

19  statewide council without further action by the Attorney

20  General Governor. A person who is employed by any state agency

21  in client services may not be appointed to the statewide

22  council.

23         (5)(a)  Members of the statewide council shall receive

24  no compensation, but are entitled to be reimbursed for per

25  diem and travel expenses in accordance with s. 112.061.

26         (b)  The Attorney General, after consultation with the

27  council, Governor shall select an executive director who shall

28  serve at the pleasure of the Attorney General Governor and

29  shall perform the duties delegated to him or her by the

30  council.  The compensation of the executive director and staff

31  

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 1  shall be established in accordance with the rules of the

 2  Selected Exempt Service.

 3         (c)  The council may apply for, receive, and accept

 4  grants, gifts, donations, bequests, and other payments

 5  including money or property, real or personal, tangible or

 6  intangible, and service from any governmental or other public

 7  or private entity or person and make arrangements as to the

 8  use of same. The Attorney General and the council shall

 9  establish a not-for-profit entity to secure and receive the

10  funding, gifts, donations, and grants.

11         (d)  In consultation with the statewide council the

12  executive director shall annually prepare a budget request

13  that, after it is approved by the council, shall be submitted

14  to the Attorney General for submission to the Legislature

15  Governor. The budget shall include a request for funds to

16  carry out the activities and mission of the statewide council

17  and the local councils. The budget shall include, at a

18  minimum, a request for funds for support staff, meetings of

19  the statewide and local councils, committee meetings, required

20  training events, and legal expenses for the local councils if

21  a local council is denied access to the records of a client.

22         (6)  The members of the statewide council shall elect a

23  chair and a vice chair to terms of 1 year.  A person may not

24  serve as chair or vice chair for more than two full

25  consecutive terms.

26         (7)  The responsibilities of the statewide council

27  include, but are not limited to:

28         (a)  Serving as an independent third-party mechanism

29  for protecting the constitutional and human rights of clients

30  within programs or facilities operated, funded, licensed,

31  

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 1  regulated, or contracted by any state agency that provides

 2  client services.

 3         (b)  Monitoring, by site visit and through access to

 4  records, the delivery and use of services, programs, or

 5  facilities operated, funded, licensed, regulated, or

 6  contracted by any state agency that provides client services,

 7  for the purpose of preventing abuse or deprivation of the

 8  constitutional and human rights of clients.  The statewide

 9  council may conduct an unannounced site visit or monitoring

10  visit that involves the inspection of records if the visit is

11  conditioned upon a complaint. A complaint may be initiated

12  generated by the council itself, after consulting with the

13  Department of Legal Affairs Governor's office, if information

14  from any state agency that provides client services or from

15  other sources indicates a situation at the program or facility

16  that indicates possible abuse or neglect or deprivation of the

17  constitutional or and human rights of clients. A local council

18  may initiate a complaint based upon local media reports,

19  investigations, reports received from state agencies,

20  monitoring visits, or other indicators of possible abuse or

21  neglect or deprivation of the constitutional or human rights

22  of a client. The statewide council shall establish and follow

23  uniform criteria for the review of information and initiation

24  generation of complaints. Routine program monitoring and

25  reviews that do not require an examination of records may be

26  made unannounced.

27         (c)  Receiving, investigating, and resolving reports of

28  abuse or deprivation of constitutional and human rights

29  referred to the statewide council by a local council.  If a

30  matter constitutes a threat to the life, safety, or health of

31  clients or is multiservice-area in scope, the statewide

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 1  council may exercise its powers without the necessity of a

 2  referral from a local council.

 3         (d)  Reviewing existing programs or services and new or

 4  revised programs of the state agencies that provide client

 5  services and making recommendations as to how the rights of

 6  clients are affected.

 7         (e)  Submitting an annual report to the Legislature, no

 8  later than December 30 of each calendar year, concerning

 9  activities, recommendations, and complaints reviewed or

10  developed by the council during the year.

11         (f)  Conducting meetings at least six times a year at

12  the call of the chair and at other times at the call of the

13  Attorney General Governor or by written request of six members

14  of the council. Any telephone conference call must be

15  advertised for weekly meetings and will be held as deemed

16  necessary by the executive committee of the statewide council,

17  the statewide council, or a standing or special committee. The

18  chair may call for a council meeting at the time of any

19  scheduled teleconference as well as authorize the use of a

20  conference call for other meetings as requested. A conference

21  call meeting may not be included in the required six meetings

22  a year, but some of the required meetings may be workshop

23  meetings that include the participation of only statewide

24  council members.

25         (g)  Developing and adopting uniform procedures to be

26  used to carry out the purpose and responsibilities of the

27  statewide council and the local councils. The procedures shall

28  include the duties and responsibilities of the statewide

29  council and the local council and their respective staff.

30         (h)  Supervising the operations of the local councils

31  and monitoring the performance and activities of all local

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 1  councils and providing direction and technical assistance to

 2  members of local councils. The supervisory responsibility of

 3  the statewide council shall include the development and

 4  adoption of procedures for disciplinary actions, suspensions,

 5  and recommendations to the Attorney General for the removal of

 6  a local council member.

 7         (i)  Providing for the development and presentation of

 8  a standardized training program for members of the statewide

 9  council and local councils.

10         (j)  Developing and maintaining interagency agreements

11  between the council and the state agencies providing client

12  services. The interagency agreements shall address the

13  coordination of efforts and identify the roles and

14  responsibilities of the statewide and local councils and each

15  agency in fulfillment of their responsibilities, including

16  access to records for the purpose of carrying out

17  investigatory and monitoring responsibilities. The agreements

18  must be negotiated and signed annually or at such other times

19  as are deemed appropriate by the council.

20         (8)(a)  In the performance of its duties, the statewide

21  council shall have:

22         1.  Authority to receive, investigate, seek to

23  conciliate, hold hearings on, and act on complaints that

24  allege any abuse or deprivation of constitutional or human

25  rights of persons who receive or have been denied client

26  services from any state agency.

27         2.  Access to all client records, files, and reports

28  from any program, service, or facility that is operated,

29  funded, licensed, regulated, or contracted by any state agency

30  that provides client services and any records that are

31  material to its investigation and are in the custody of any

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 1  other agency or department of government.  The council's

 2  investigation or monitoring may shall not impede or obstruct

 3  matters under investigation by law enforcement agencies or

 4  judicial authorities. Access may shall not be granted if a

 5  specific procedure or prohibition for reviewing records is

 6  required by federal law and regulation that supersedes state

 7  law. Access shall not be granted to the records of a private

 8  licensed practitioner who is providing services outside the

 9  state agency, or outside a state facility, and whose client is

10  competent and refuses disclosure.

11         3.  Standing to petition the circuit court for access

12  to client records that are confidential as specified by law or

13  in instances when access to the client records is denied. The

14  petition shall state the specific reasons for which the

15  council is seeking access and the intended use of the such

16  information. The circuit court may authorize council access to

17  the records upon a finding that access is directly related to

18  an investigation regarding the possible deprivation of

19  constitutional or human rights or the abuse of a client.

20  Original client files, agency records, and reports may not be

21  removed from a state agency, but copies must be provided to

22  the council and the local councils at the agency's expense.

23  Under no circumstance shall The council may not have access to

24  confidential adoption records once the adoption is finalized

25  by a court in accordance with ss. 39.0132, 63.022, and 63.162.

26  Upon completion of a general investigation of practices and

27  procedures of a state agency, the statewide council shall

28  report its findings to that agency.

29         (b)  All information obtained or produced by the

30  statewide council that is made confidential by law, that

31  relates to the identity of any client or group of clients

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 1  subject to the protections of this section, or that relates to

 2  the identity of an individual who provides information to the

 3  council about abuse or about alleged violations of

 4  constitutional or human rights, is confidential and exempt

 5  from s. 119.07(1) and s. 24(a), Art. I of the State

 6  Constitution.

 7         (c)  Portions of meetings of the statewide council that

 8  relate to the identity of any client or group of clients

 9  subject to the protections of this section, that relate to the

10  identity of an individual who provides information to the

11  council about abuse or about alleged violations of

12  constitutional or human rights, or wherein testimony is

13  provided relating to records otherwise made confidential by

14  law, are exempt from s. 286.011 and s. 24(b), Art. I of the

15  State Constitution.

16         (d)  All records prepared by members of the statewide

17  council that reflect a mental impression, investigative

18  strategy, or theory are exempt from s. 119.07(1) and s. 24(a),

19  Art. I of the State Constitution until the investigation is

20  completed or until the investigation ceases to be active.

21  However, portions of the record considered confidential under

22  paragraph (c) shall remain confidential. For purposes of this

23  section, an investigation is considered "active" while the

24  investigation is being conducted by the statewide council with

25  a reasonable, good faith belief that it may lead to a finding

26  of abuse or of a violation of human rights.  An investigation

27  does not cease to be active so long as the statewide council

28  is proceeding with reasonable dispatch and there is a good

29  faith belief that action may be initiated by the council or

30  other administrative or law enforcement agency.

31  

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 1         (e)  Any person who knowingly and willfully discloses

 2  any confidential information commits a misdemeanor of the

 3  second degree, punishable as provided in s. 775.082 or s.

 4  775.083.

 5         Section 3.  Section 402.166, Florida Statutes, is

 6  amended to read:

 7         402.166  Florida local advocacy councils; confidential

 8  records and meetings.--

 9         (1)  The local councils are subject to direction from

10  and the supervision of the statewide council.  The statewide

11  council shall participate in the selection and assignment of

12  assign staff to provide support to the local councils. Local

13  support staff shall work under the direction and supervision

14  of the executive director with consultation by statewide

15  council members assigned to the service area. The number and

16  areas of responsibility of the local councils, not to exceed

17  46 councils statewide, shall be determined by the statewide

18  council and shall be consistent with judicial circuit

19  boundaries approved by the Attorney General. Local councils

20  shall meet at facilities, programs, or service centers under

21  their jurisdiction whenever possible.

22         (2)  Each local council shall have no fewer than 7

23  members and no more than 15 members, no more than 4 of whom

24  are or have been recipients of one or more client services

25  within the last 4 years, except that one member of this group

26  may be an immediate relative or legal representative of a

27  current or former client; one member having experience in

28  social services; one member having experience in law

29  enforcement or other professional investigations; two

30  providers who deliver client services as defined in s.

31  402.164(2); and two representatives of professional

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 1  organizations, one of whom represents the health-related

 2  professions and one of whom represents the legal profession.

 3  Priority of consideration shall be given to the appointment of

 4  at least one medical or osteopathic physician, as defined in

 5  chapters 458 and 459, and one member in good standing of The

 6  Florida Bar. Priority of consideration shall also be given to

 7  the appointment of an individual who is receiving client

 8  services and whose primary interest, experience, or expertise

 9  lies with a major client group not represented on the local

10  council at the time of the appointment.  A person who is

11  employed in client services by any state agency may not be

12  appointed to the local council. No more than three individuals

13  who are providing contracted services for clients to any state

14  agency may serve on the same local council at the same time.

15  Persons related to each other by consanguinity or affinity

16  within the third degree may not serve on the same local

17  council at the same time.  All members of local councils must

18  successfully complete a standardized training course for

19  council members within 3 months after their appointment to a

20  local council.  A member may not be assigned to an

21  investigation that requires access to confidential information

22  before completing prior to the completion of the training

23  course.  After he or she completes the required training

24  course, a member of a local council may not be prevented from

25  participating in any activity of that local council, including

26  investigations and monitoring, except due to a conflict of

27  interest as described in the procedures established by the

28  statewide council under subsection (7).

29         (3)(a)  With respect to existing local councils, each

30  member shall serve a term of 4 years.  Upon expiration of a

31  term and in the case of any other vacancy, the local council

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 1  shall appoint a replacement by majority vote of the local

 2  council, subject to the approval of the Attorney General

 3  Governor.  A member may serve no more than two full

 4  consecutive terms. However, the member may be appointed to

 5  another local council in the same area.

 6         (b)1.  The Attorney General Governor shall appoint the

 7  first four members of any newly created local council; and

 8  those four members shall select the remaining members, subject

 9  to approval of the Attorney General Governor.  If any of the

10  first four members are not appointed within 60 days after a

11  request is submitted to the Attorney General Governor, those

12  members may be appointed by a majority vote of the statewide

13  council without further action by the Attorney General

14  Governor.

15         2.  Members shall serve for no more than two full

16  consecutive terms of 4 years, except that at the time of

17  initial appointment, terms shall be staggered so that

18  approximately one-half of the members first appointed shall

19  serve for terms of 4 years and the remaining members shall

20  serve for terms of 2 years.  Vacancies shall be filled as

21  provided in subparagraph 1.

22         (c)  If no action is taken by the Attorney General

23  Governor to approve or disapprove a replacement of a member

24  under this subsection within 60 days after the local council

25  has notified the Attorney General Governor of the appointment,

26  then the appointment of the replacement may be considered

27  approved by the Attorney General Governor.

28         (4)  Each local council shall elect a chair and a vice

29  chair for a term of 1 year. A person may not serve as chair or

30  vice chair for more than two consecutive terms.  The chair's

31  and vice chair's terms expire on September 30 of each year.

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 1         (5)  If a local council member fails to attend

 2  two-thirds of the regular local council meetings during the

 3  course of a year, the local council may replace the member.

 4  If a member of a local council violates this section or

 5  procedures adopted under this section, the local council may

 6  recommend to the Attorney General Governor that the member be

 7  removed.

 8         (6)  A member of a local council shall receive no

 9  compensation but is entitled to be reimbursed for per diem and

10  travel expenses as provided in s. 112.061.  Members may be

11  provided reimbursement for long-distance telephone calls if

12  the calls were necessary to an investigation of an abuse or

13  deprivation of constitutional or human rights or to the duties

14  or responsibilities of the local council.

15         (7)  A local council shall first attempt seek to

16  resolve a complaint with the appropriate local administration,

17  agency, or program; any matter not resolved by the local

18  council shall be referred to the statewide council. A local

19  council must shall comply with appeal procedures established

20  by the statewide council. The duties, actions, and procedures

21  of both new and existing local councils shall conform to ss.

22  402.164-402.167. The duties of each local council must shall

23  include, but are not limited to:

24         (a)  Serving as an independent third-party mechanism

25  for protecting the constitutional and human rights of any

26  client within a program or facility operated, funded,

27  licensed, regulated, or contracted by a state agency providing

28  client services in the local services area.

29         (b)  Monitoring by site visit and access to records the

30  delivery and use of services, programs, or facilities

31  operated, funded, licensed, regulated, or contracted by a

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 1  state agency that provides client services, for the purpose of

 2  preventing abuse or deprivation of the constitutional and

 3  human rights of clients. A local council may conduct an

 4  unannounced site visit or monitoring visit that involves

 5  access to records if the visit is conditioned upon a

 6  complaint. A complaint may be initiated generated by the local

 7  council itself if information from a state agency that

 8  provides client services or from other sources indicates a

 9  situation at the program or facility that indicates possible

10  abuse or neglect or deprivation of constitutional and human

11  rights of clients. The local council shall follow uniform

12  criteria established by the statewide council for the review

13  of information and initiation generation of complaints.

14  Routine program monitoring and reviews that do not require an

15  examination of records may be made unannounced.

16         (c)  Receiving, investigating, and resolving reports of

17  abuse or deprivation of constitutional and human rights by a

18  state agency or contracted service provider in the local

19  service area.

20         (d)  Reviewing and making recommendations regarding how

21  a client's constitutional or human rights might be affected by

22  the client's participation in a proposed research project,

23  before prior to implementation of the project.

24         (e)  Appealing to the statewide council any complaint

25  unresolved at the local level.  Any matter that constitutes a

26  threat to the life, safety, or health of a client or is

27  multiservice-area in scope shall automatically be referred to

28  the statewide council.

29         (f)  Submitting an annual report by September 30 to the

30  statewide council concerning activities, recommendations, and

31  

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 1  complaints reviewed or developed by the local council during

 2  the year.

 3         (g)  Conducting meetings at least six times a year at

 4  the call of the chair and at other times at the call of the

 5  Attorney General Governor, at the call of the statewide

 6  council, or by written request of a majority of the members of

 7  the local council.

 8         (8)(a)  In the performance of its duties, a local

 9  council may shall have the same authority to access client

10  records, state agency files, reports from any program or

11  service, records of contractors and providers, and records

12  from any facility operated, funded, licensed, regulated, or

13  under contract with a state agency as specified in s.

14  402.165(8)(a).

15         (b)  All information obtained or produced by a local

16  council that is made confidential by law, that relates to the

17  identity of any client or group of clients subject to the

18  protection of this section, or that relates to the identity of

19  an individual who provides information to the local council

20  about abuse or about alleged violations of constitutional or

21  human rights, is confidential and exempt from s. 119.07(1) and

22  s. 24(a), Art. I of the State Constitution.

23         (c)  Portions of meetings of a local council that

24  relate to the identity of any client or group of clients

25  subject to the protections of this section, that relate to the

26  identity of an individual who provides information to the

27  local council about abuse or about alleged violations of

28  constitutional or human rights, or when testimony is provided

29  relating to records otherwise made confidential by law, are

30  exempt from s. 286.011 and s. 24(b), Art. I of the State

31  Constitution.

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    Florida Senate - 2006                                  SB 2310
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 1         (d)  All records prepared by members of a local council

 2  that reflect a mental impression, investigative strategy, or

 3  theory are exempt from s. 119.07(1) and s. 24(a), Art. I of

 4  the State Constitution until the investigation is completed or

 5  until the investigation ceases to be active. However, that

 6  portion of the record that is classified as confidential by

 7  law continues to be exempt. For purposes of this section, an

 8  investigation is considered "active" while the investigation

 9  is being conducted by a local council with a reasonable, good

10  faith belief that it may lead to a finding of abuse or of a

11  violation of constitutional or human rights.  An investigation

12  does not cease to be active so long as the local council is

13  proceeding with reasonable dispatch and there is a good faith

14  belief that action may be initiated by the local council or

15  other administrative or law enforcement agency.

16         (e)  A Any person who knowingly and willfully discloses

17  any such confidential information commits a misdemeanor of the

18  second degree, punishable as provided in s. 775.082 or s.

19  775.083.

20         Section 4.  Section 402.167, Florida Statutes, is

21  amended to read:

22         402.167  Duties of state agencies that provide client

23  services relating to the Florida Statewide Advocacy Council

24  and the Florida local advocacy councils.--The secretaries or

25  directors of the state agencies shall ensure the full

26  cooperation and assistance of employees of their respective

27  state agencies with members and staff of the statewide and

28  local councils. The secretary or director of each state agency

29  providing client services shall notify its contract, service,

30  and treatment providers of the powers, duties, and

31  responsibilities of the statewide and local councils and shall

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    Florida Senate - 2006                                  SB 2310
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 1  ensure that all contract providers, including subcontractors

 2  are informed of these powers, duties, and responsibilities.

 3         Section 5.  This act shall take effect July 1, 2006.

 4  

 5            *****************************************

 6                          SENATE SUMMARY

 7    Revises the definition of a "client" in advocacy cases to
      include a child, juvenile, or youth and revises the
 8    definition of "client services" to include services that
      are provided to a client by a service provider licensed
 9    or regulated by the state. Locates the Statewide Advocacy
      Council in the Department of Legal Affairs. Provides for
10    the appointment of members to the statewide council, and
      provides criteria for appointment to the council.
11    Provides procedures by which the Attorney General may
      fill a vacancy on the statewide council. Requires the
12    Attorney General to select an executive director for the
      statewide council. Requires the executive director to
13    prepare a budget for submission to the Legislature.
      Provides for notice for telephone conference calls.
14    Provides that local councils must operate within areas
      approved by the Attorney General. Provides for the
15    inclusion on the local council of persons with
      social-service and law-enforcement experience. Provides
16    procedures by which the Attorney General may fill
      vacancies on a local council. Requires each state agency
17    providing client services to ensure that all contract
      providers, including subcontractors, are informed of the
18    powers, duties, and responsibilities of the statewide and
      local councils.
19  

20  

21  

22  

23  

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25  

26  

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28  

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31  

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