Senate Bill 1796c1

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    Florida Senate - 1998                           CS for SB 1796

    By the Committee on Criminal Justice and Senator McKay





    307-1786-98

  1                      A bill to be entitled

  2         An act relating to juvenile sexual offenders;

  3         amending s. 39.411, F.S.; requiring that the

  4         Department of Children and Family Services

  5         notify the school superintendent of any

  6         juvenile who has a known history of sexual

  7         behavior with other juveniles or who has been

  8         convicted of certain specified sexual offenses;

  9         providing that it is a second-degree

10         misdemeanor for a school district employee to

11         disclose such information to an unauthorized

12         person; amending s. 490.012, F.S.; prohibiting

13         the unlicensed practice of juvenile sexual

14         offender therapy for compensation; providing an

15         exception; creating s. 490.0145, F.S.;

16         providing that only certain persons licensed

17         under ch. 490, F.S., relating to psychological

18         services, or ch. 491, F.S., relating to

19         clinical, counseling, and psychotherapy

20         services, may hold themselves out as juvenile

21         sexual offender therapists; requiring the Board

22         of Psychology to require training and

23         coursework for juvenile sexual offender

24         therapists; amending s. 491.012, F.S.; defining

25         the offense of the unlawful use of the term

26         "juvenile sexual offender therapist," and

27         providing penalties therefor; prohibiting the

28         unlicensed practice of juvenile sexual offender

29         therapy for compensation; providing an

30         exception; creating s. 491.0144, F.S.;

31         providing for qualifications for licensure as a

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    Florida Senate - 1998                           CS for SB 1796
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  1         juvenile sexual offender therapist under ch.

  2         491, F.S., relating to clinical, counseling,

  3         and psychotherapy services; creating ss.

  4         943.17291, 943.17295, F.S.; requiring that the

  5         Criminal Justice Standards and Training

  6         Commission incorporate instruction in

  7         investigating juvenile sexual offenders into

  8         the course curriculum for law enforcement

  9         officers; amending s. 985.04, F.S.; requiring

10         that the Department of Juvenile Justice notify

11         the school superintendent of any juvenile who

12         has a known history of sexual behavior with

13         other juveniles or who has been convicted of

14         certain sexual offenses; providing that it is a

15         second-degree misdemeanor for a school district

16         employee to disclose such information to an

17         unauthorized person; amending s. 985.308, F.S.;

18         requiring that the Department of Juvenile

19         Justice inspect offender commitment programs

20         operated by the department based on specified

21         standards; authorizing any state attorney to

22         establish a sexual abuse intervention network;

23         providing for membership and prescribing duties

24         of such network; requiring the Office of the

25         Attorney General, the Department of Children

26         and Family Services, and the Department of

27         Juvenile Justice to award grants to sexual

28         abuse intervention networks; specifying

29         criteria for grant awards; requiring the Office

30         of the Attorney General, in collaboration with

31         the Department of Juvenile Justice and the

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    Florida Senate - 1998                           CS for SB 1796
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  1         Department of Children and Family Services, to

  2         establish minimum standards for juvenile sex

  3         offender day treatment and residential

  4         treatment programs funded pursuant to specified

  5         provisions; providing an effective date.

  6

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

  8

  9         Section 1.  Subsection (4) of section 39.411, Florida

10  Statutes, is amended to read:

11         39.411  Oaths, records, and confidential information.--

12         (4)(a)  All information obtained pursuant to this part

13  in the discharge of official duty by any judge, employee of

14  the court, authorized agent of the department, correctional

15  probation officer, or law enforcement agent is shall be

16  confidential and exempt from the provisions of s. 119.07(1)

17  and may shall not be disclosed to anyone other than the

18  authorized personnel of the court, the department and its

19  designees, correctional probation officers, law enforcement

20  agents, and others entitled under this chapter to receive that

21  information, except upon order of the court.

22         (b)  The department shall disclose to the school

23  superintendent the presence of any child in the care and

24  custody or under the jurisdiction or supervision of the

25  department who has a known history of sexual behavior with

26  other juveniles; is a juvenile sex offender, as defined in s.

27  415.50165; or has pled guilty or nolo contendere to, or has

28  been found to have committed, a violation of chapter 794,

29  chapter 796, chapter 800, s. 827.071, or s. 847.0133,

30  regardless of adjudication. Any employee of a district school

31  board who knowingly and willfully discloses such information

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    Florida Senate - 1998                           CS for SB 1796
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  1  to an unauthorized person commits a misdemeanor of the second

  2  degree, punishable as provided in s. 775.082 or s. 775.083.

  3         Section 2.  Subsection (8) is added to section 490.012,

  4  Florida Statutes, to read:

  5         490.012  Violations; penalties; injunction.--

  6         (8)  Effective October 1, 2000, a person may not

  7  practice juvenile sexual offender therapy in this state, as

  8  the practice is defined in s. 490.0145, for compensation,

  9  unless the person holds an active license issued under this

10  chapter and meets the requirements to practice juvenile sexual

11  offender therapy. An unlicensed person may be employed by a

12  program operated by or under contract with the Department of

13  Juvenile Justice or the Department of Children and Family

14  Services if the program employs a professional who is licensed

15  under s. 490.0145 or s. 491.0144 who manages or supervises the

16  treatment services.

17         Section 3.  Section 490.0145, Florida Statutes, is

18  created to read:

19         490.0145  The practice of juvenile sexual offender

20  therapy.--Only a person licensed by this chapter who meets the

21  qualifications set by the board may hold himself or herself

22  out as a juvenile sexual offender therapist, except as

23  provided in s. 491.0144.  These qualifications shall be

24  determined by the board.  The board shall require training and

25  coursework in the specific areas of juvenile sexual offender

26  behaviors, treatments, and related issues.  In establishing

27  these qualifications, the board may refer to the sexual

28  disorder and dysfunction sections of the most current edition

29  of the Diagnostic and Statistical Manual of the American

30  Psychiatric Association or other relevant publications.

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    Florida Senate - 1998                           CS for SB 1796
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  1         Section 4.  Paragraph (d) of subsection (1) of section

  2  491.012, Florida Statutes, is amended, and paragraph (n) is

  3  added to that subsection, to read:

  4         491.012  Violations; penalty; injunction.--

  5         (1)  It is unlawful and a violation of this chapter for

  6  any person to:

  7         (d)  Use the terms psychotherapist, or sex therapist,

  8  or juvenile sexual offender therapist unless such person is

  9  licensed pursuant to this chapter or chapter 490, or is

10  certified under s. 464.012 as an advanced registered nurse

11  practitioner who has been determined by the Board of Nursing

12  as a specialist in psychiatric mental health and the use of

13  such terms is within the scope of her or his practice based on

14  education, training, and licensure.

15         (n)  Effective October 1, 2000, practice juvenile

16  sexual offender therapy in this state, as the practice is

17  defined in s. 491.0144, for compensation, unless the person

18  holds an active license issued under this chapter and meets

19  the requirements to practice juvenile sexual offender therapy.

20  An unlicensed person may be employed by a program operated by

21  or under contract with the Department of Juvenile Justice or

22  the Department of Children and Family Services if the program

23  employs a professional who is licensed under s. 490.0145 or s.

24  491.0144 who manages or supervises the treatment services.

25         Section 5.  Section 491.0144, Florida Statutes, is

26  created to read:

27         491.0144  The practice of juvenile sexual offender

28  therapy.--Only a person licensed by this chapter who meets the

29  qualifications set by the board may hold himself or herself

30  out as a juvenile sexual offender therapist, except as

31  provided in s. 490.0145.  These qualifications shall be

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    Florida Senate - 1998                           CS for SB 1796
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  1  determined by the board.  The board shall require training and

  2  coursework in the specific areas of juvenile sexual offender

  3  behaviors, treatments, and related issues.  In establishing

  4  these qualifications, the board may refer to the sexual

  5  disorder and dysfunction sections of the most current edition

  6  of the Diagnostic and Statistical Manual of the American

  7  Psychiatric Association or other relevant publications.

  8         Section 6.  Section 943.17291, Florida Statutes, is

  9  created to read:

10         943.17291  Basic skills training in juvenile sexual

11  offender investigation.--The commission shall incorporate

12  juvenile sexual offender investigation instruction into the

13  course curriculum required for a law enforcement officer to

14  obtain initial certification.

15         Section 7.  Section 943.17295, Florida Statutes, is

16  created to read:

17         943.17295  Continued employment training relating to

18  juvenile sexual offender investigation.--The commission shall

19  incorporate the subject of sexual abuse and assault

20  investigation, with an emphasis on cases involving child

21  victims or juvenile offenders, into the curriculum required

22  for continuous employment or appointment as a law enforcement

23  officer.

24         Section 8.  Subsection (3) of section 985.04, Florida

25  Statutes, is amended to read:

26         985.04  Oaths; records; confidential information.--

27         (3)(a)  Except as provided in subsections (2), (4),

28  (5), and (6), and s. 943.053, all information obtained under

29  this part in the discharge of official duty by any judge, any

30  employee of the court, any authorized agent of the Department

31  of Juvenile Justice, the Parole Commission, the Juvenile

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    Florida Senate - 1998                           CS for SB 1796
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  1  Justice Advisory Board, the Department of Corrections, the

  2  district juvenile justice boards, any law enforcement agent,

  3  or any licensed professional or licensed community agency

  4  representative participating in the assessment or treatment of

  5  a juvenile is confidential and may be disclosed only to the

  6  authorized personnel of the court, the Department of Juvenile

  7  Justice and its designees, the Department of Corrections, the

  8  Parole Commission, the Juvenile Justice Advisory Board, law

  9  enforcement agents, school superintendents and their

10  designees, any licensed professional or licensed community

11  agency representative participating in the assessment or

12  treatment of a juvenile, and others entitled under this

13  chapter to receive that information, or upon order of the

14  court. Within each county, the sheriff, the chiefs of police,

15  the district school superintendent, and the department shall

16  enter into an interagency agreement for the purpose of sharing

17  information about juvenile offenders among all parties. The

18  agreement must specify the conditions under which summary

19  criminal history information is to be made available to

20  appropriate school personnel, and the conditions under which

21  school records are to be made available to appropriate

22  department personnel. Such agreement shall require

23  notification to any classroom teacher of assignment to the

24  teacher's classroom of a juvenile who has been placed in a

25  community control or commitment program for a felony offense.

26  The agencies entering into such agreement must comply with s.

27  943.0525, and must maintain the confidentiality of information

28  that is otherwise exempt from s. 119.07(1), as provided by

29  law.

30         (b)  The department shall disclose to the school

31  superintendent the presence of any child in the care and

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    Florida Senate - 1998                           CS for SB 1796
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  1  custody or under the jurisdiction or supervision of the

  2  department who has a known history of sexual behavior with

  3  other juveniles; is a juvenile sex offender, as defined in s.

  4  415.50165; or has pled guilty or nolo contendere to, or has

  5  been found to have committed, a violation of chapter 794,

  6  chapter 796, chapter 800, s. 827.071, or s. 847.0133,

  7  regardless of adjudication. Any employee of a district school

  8  board who knowingly and willfully discloses such information

  9  to an unauthorized person commits a misdemeanor of the second

10  degree, punishable as provided in s. 775.082 or s. 775.083.

11         Section 9.  Section 985.308, Florida Statutes, is

12  amended to read:

13         985.308  Juvenile sexual offender commitment programs;

14  sexual abuse intervention networks.--

15         (1)  In order to provide intensive treatment and

16  psychological services to a juvenile sexual offender committed

17  to the department, it is the intent of the Legislature to

18  establish programs and strategies to effectively respond to

19  juvenile sexual offenders.  In designing programs for juvenile

20  sexual offenders, it is the further intent of the Legislature

21  to implement strategies that include:

22         (a)  Developing adequate commitment programs and

23  facilities to ensure appropriate and effective treatment and

24  ensure that decisions to release juvenile sexual offenders

25  into the community are not made on the basis of inadequate

26  space.

27         (b)  Providing an adequate number of well-trained staff

28  to address the treatment needs of juvenile sexual offenders.

29         (c)  Providing intensive postcommitment supervision of

30  juvenile sexual offenders who are released into the community

31  with terms and conditions which may include electronic

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    Florida Senate - 1998                           CS for SB 1796
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  1  monitoring of a juvenile sexual offender for the purpose of

  2  enhancing public safety.

  3         (d)  Providing notification to the school to which the

  4  juvenile sexual offender is returning, the parents or legal

  5  guardians of the victim, and law enforcement, when a juvenile

  6  sexual offender returns into the community.

  7         (2)  Contingent upon a specific appropriation, the

  8  department shall implement and operate programs to provide

  9  intensive educational and psychological services and other

10  treatment for juvenile sexual offenders.

11         (3)  Subject to specific appropriation, a child may be

12  placed in a juvenile sexual offender program when committed to

13  the department.

14         (4)  The program shall include educational components,

15  life management training, substance abuse treatment, and

16  intensive psychological treatment provided by appropriate

17  mental health professionals.  Juvenile sexual offenders shall

18  be required to participate in all programs and treatment.

19         (5)  The department shall provide an intensive

20  aftercare component for monitoring and assisting the

21  transition of a juvenile sexual offender into the community

22  with terms and conditions which may include electronic

23  monitoring of the juvenile sexual offender.

24         (6)  The department shall establish protocol and

25  procedures to notify schools, the appropriate law enforcement

26  agencies, and the court when a juvenile sexual offender

27  returns to the community.

28         (7)  The department may contract with private

29  organizations for the operation of a juvenile sexual offender

30  program and aftercare.

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  1         (8)  The Juvenile Justice Standards and Training

  2  Commission shall establish criteria for training all contract

  3  and department staff or provide a special training program for

  4  contract and department staff to effectively manage and

  5  provide services and treatment to a juvenile sexual offender

  6  in a juvenile sexual offender program.

  7         (9)  The department shall is required to conduct

  8  inspections of and quality assurance activities for each

  9  juvenile sexual offender program operated by the department,

10  based on standards specifically developed for these types of

11  programs, to determine whether the program complies with

12  department rules for continued operation of the program.

13         (10)  The department shall maintain records and other

14  information necessary to evaluate the effectiveness of each

15  juvenile sexual offender program and other outcome evaluation

16  requirements.

17         (11)  The state attorney in any judicial circuit may

18  establish a sexual abuse intervention network for the purposes

19  of identifying, investigating, prosecuting, treating, and

20  preventing sexual abuse with special emphasis on juvenile

21  sexual offenders and victims of sexual abuse.

22         (12)  Membership of a sexual abuse intervention network

23  shall include, but not be limited to, representatives from:

24         (a)  Local law enforcement agencies;

25         (b)  Local school boards;

26         (c)  Child protective investigators;

27         (d)  The Office of the State Attorney;

28         (e)  The Office of the Public Defender;

29         (f)  The juvenile division of the circuit court;

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  1         (g)  Professionals licensed under s. 490.0145 or s.

  2  491.0144 providing treatment for juvenile sexual offenders or

  3  their victims;

  4         (h)  The guardian ad litem program;

  5         (i)  The Department of Juvenile Justice; and

  6         (j)  The Department of Children and Family Services.

  7         (13)  Each sexual abuse intervention network shall

  8  develop a cooperative working agreement describing the roles

  9  and responsibilities of all members towards the

10  identification, investigation, prosecution, treatment, and

11  reintegration of juvenile sexual offenders and the treatment

12  of their victims.

13         (14)  Subject to specific appropriation, availability

14  of funds, or receipt of appropriate grant funds, the Office of

15  the Attorney General, the Department of Children and Family

16  Services, or the Department of Juvenile Justice shall award

17  grants to sexual abuse intervention networks that apply for

18  such grants. The grants may be used for training, treatment,

19  aftercare, evaluation, public awareness, and other specified

20  community needs that are identified by the network. A grant

21  shall be awarded based on the applicant's level of local

22  funding, level of collaboration, number of juvenile sexual

23  offenders to be served, number of victims to be served, and

24  level of unmet needs. The Office of the Attorney General, in

25  collaboration with the Department of Juvenile Justice and the

26  Department of Children and Family Services, shall establish

27  minimum standards for each respective department for

28  residential and day treatment juvenile sexual offender

29  programs funded under this subsection.

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  1         (15)(11)  The department may adopt is authorized to

  2  establish rules and other policy directives necessary to

  3  administer implement the provisions of this section.

  4         Section 10.  This act shall take effect July 1, 1998.

  5

  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                         Senate Bill 1796

  8

  9  Provides that a second degree misdemeanor penalty applies when
    a school district employee discloses to an unauthorized person
10  certain information from the Department of Juvenile Justice
    about juvenile sexual offenders.
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