Senate Bill 1796e1

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  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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  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 or under contract with the

21         department based on specified standards;

22         authorizing any child protection team or state

23         attorney to establish a sexual abuse

24         intervention network; providing for membership

25         and prescribing duties of such network;

26         requiring the Office of the Attorney General,

27         the Department of Children and Family Services,

28         the Department of Juvenile Justice, or local

29         juvenile justice councils to award grants to

30         sexual abuse intervention networks; specifying

31         criteria for grant awards; requiring the Office


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  1         of the Attorney General, in collaboration with

  2         the Department of Juvenile Justice and the

  3         Department of Children and Family Services, to

  4         establish minimum standards for juvenile sex

  5         offender day treatment and residential

  6         treatment programs funded pursuant to specified

  7         provisions; providing rulemaking authority for

  8         the Department of Legal Affairs; deleting

  9         rulemaking authority for the Department of

10         Juvenile Justice; providing an effective date.

11

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

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

15  Statutes, is amended to read:

16         39.411  Oaths, records, and confidential information.--

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

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

19  the court, authorized agent of the department, correctional

20  probation officer, or law enforcement agent is shall be

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

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

23  authorized personnel of the court, the department and its

24  designees, correctional probation officers, law enforcement

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

26  information, except upon order of the court.

27         (b)  The department shall disclose to the school

28  superintendent the presence of any child in the care and

29  custody or under the jurisdiction or supervision of the

30  department who has a known history of sexual behavior with

31  other juveniles; is an alleged juvenile sex offender, as


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  1  defined in s. 415.50165; or has pled guilty or nolo contendere

  2  to, or has been found to have committed, a violation of

  3  chapter 794, chapter 796, chapter 800, s. 827.071, or s.

  4  847.0133, regardless of adjudication. Any employee of a

  5  district school board who knowingly and willfully discloses

  6  such information to an unauthorized person commits a

  7  misdemeanor of the second degree, punishable as provided in s.

  8  775.082 or s. 775.083.

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

10  Florida Statutes, to read:

11         490.012  Violations; penalties; injunction.--

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

13  practice juvenile sexual offender therapy in this state, as

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

15  unless the person holds an active license issued under this

16  chapter and meets the requirements to practice juvenile sexual

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

18  program operated by or under contract with the Department of

19  Juvenile Justice or the Department of Children and Family

20  Services if the program employs a professional who is licensed

21  under chapter 458, chapter 459, s. 490.0145, or s. 491.0144

22  who manages or supervises the treatment services.

23         Section 3.  Section 490.0145, Florida Statutes, is

24  created to read:

25         490.0145  The practice of juvenile sexual offender

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

27  qualifications set by the board may hold himself or herself

28  out as a juvenile sexual offender therapist, except as

29  provided in s. 491.0144.  These qualifications shall be

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

31  coursework in the specific areas of juvenile sexual offender


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  1  behaviors, treatments, and related issues.  In establishing

  2  these qualifications, the board may refer to the sexual

  3  disorder and dysfunction sections of the most current edition

  4  of the Diagnostic and Statistical Manual of the American

  5  Psychiatric Association, Association for the Treatment of

  6  Sexual Abusers Practitioner's Handbook, or other relevant

  7  publications.

  8         Section 4.  Paragraph (d) of subsection (1) of section

  9  491.012, Florida Statutes, is amended, and paragraph (n) is

10  added to that subsection, to read:

11         491.012  Violations; penalty; injunction.--

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

13  any person to:

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

15  or juvenile sexual offender therapist unless such person is

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

17  certified under s. 464.012 as an advanced registered nurse

18  practitioner who has been determined by the Board of Nursing

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

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

21  education, training, and licensure.

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

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

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

25  holds an active license issued under this chapter and meets

26  the requirements to practice juvenile sexual offender therapy.

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

28  or under contract with the Department of Juvenile Justice or

29  the Department of Children and Family Services if the program

30  employs a professional who is licensed under chapter 458,

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  1  chapter 459, s. 490.0145, or s. 491.0144 who manages or

  2  supervises the treatment services.

  3         Section 5.  Section 491.0144, Florida Statutes, is

  4  created to read:

  5         491.0144  The practice of juvenile sexual offender

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

  7  qualifications set by the board may hold himself or herself

  8  out as a juvenile sexual offender therapist, except as

  9  provided in s. 490.0145.  These qualifications shall be

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

11  coursework in the specific areas of juvenile sexual offender

12  behaviors, treatments, and related issues.  In establishing

13  these qualifications, the board may refer to the sexual

14  disorder and dysfunction sections of the most current edition

15  of the Diagnostic and Statistical Manual of the American

16  Psychiatric Association, Association for the Treatment of

17  Sexual Abusers Practitioner's Handbook, or other relevant

18  publications.

19         Section 6.  Section 943.17291, Florida Statutes, is

20  created to read:

21         943.17291  Basic skills training in juvenile sexual

22  offender investigation.--The commission shall incorporate

23  juvenile sexual offender investigation instruction into the

24  course curriculum required for a law enforcement officer to

25  obtain initial certification.

26         Section 7.  Section 943.17295, Florida Statutes, is

27  created to read:

28         943.17295  Continued employment training relating to

29  juvenile sexual offender investigation.--The commission shall

30  incorporate the subject of sexual abuse and assault

31  investigation, with an emphasis on cases involving child


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  1  victims or juvenile offenders, into the curriculum required

  2  for continuous employment or appointment as a law enforcement

  3  officer.

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

  5  Statutes, is amended to read:

  6         985.04  Oaths; records; confidential information.--

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

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

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

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

11  of Juvenile Justice, the Parole Commission, the Juvenile

12  Justice Advisory Board, the Department of Corrections, the

13  district juvenile justice boards, any law enforcement agent,

14  or any licensed professional or licensed community agency

15  representative participating in the assessment or treatment of

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

17  authorized personnel of the court, the Department of Juvenile

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

19  Parole Commission, the Juvenile Justice Advisory Board, law

20  enforcement agents, school superintendents and their

21  designees, any licensed professional or licensed community

22  agency representative participating in the assessment or

23  treatment of a juvenile, and others entitled under this

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

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

26  the district school superintendent, and the department shall

27  enter into an interagency agreement for the purpose of sharing

28  information about juvenile offenders among all parties. The

29  agreement must specify the conditions under which summary

30  criminal history information is to be made available to

31  appropriate school personnel, and the conditions under which


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  1  school records are to be made available to appropriate

  2  department personnel. Such agreement shall require

  3  notification to any classroom teacher of assignment to the

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

  5  community control or commitment program for a felony offense.

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

  7  943.0525, and must maintain the confidentiality of information

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

  9  law.

10         (b)  The department shall disclose to the school

11  superintendent the presence of any child in the care and

12  custody or under the jurisdiction or supervision of the

13  department who has a known history of sexual behavior with

14  other juveniles; is an alleged juvenile sex offender, as

15  defined in s. 415.50165; or has pled guilty or nolo contendere

16  to, or has been found to have committed, a violation of

17  chapter 794, chapter 796, chapter 800, s. 827.071, or s.

18  847.0133, regardless of adjudication. Any employee of a

19  district school board who knowingly and willfully discloses

20  such information to an unauthorized person commits a

21  misdemeanor of the second degree, punishable as provided in s.

22  775.082 or s. 775.083.

23         Section 9.  Section 985.308, Florida Statutes, is

24  amended to read:

25         985.308  Juvenile sexual offender commitment programs;

26  sexual abuse intervention networks.--

27         (1)  In order to provide intensive treatment and

28  psychological services to a juvenile sexual offender committed

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

30  establish programs and strategies to effectively respond to

31  juvenile sexual offenders.  In designing programs for juvenile


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

  2  to implement strategies that include:

  3         (a)  Developing adequate commitment programs and

  4  facilities to ensure appropriate and effective treatment and

  5  ensure that decisions to release juvenile sexual offenders

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

  7  space.

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

  9  to address the treatment needs of juvenile sexual offenders.

10         (c)  Providing intensive postcommitment supervision of

11  juvenile sexual offenders who are released into the community

12  with terms and conditions which may include electronic

13  monitoring of a juvenile sexual offender for the purpose of

14  enhancing public safety.

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

16  juvenile sexual offender is returning, the parents or legal

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

18  sexual offender returns into the community.

19         (2)  Contingent upon a specific appropriation, the

20  department shall implement and operate programs to provide

21  intensive educational and psychological services and other

22  treatment for juvenile sexual offenders.

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

24  placed in a juvenile sexual offender program when committed to

25  the department.

26         (4)  The program shall include educational components,

27  life management training, substance abuse treatment, and

28  intensive psychological treatment provided by appropriate

29  mental health professionals.  Juvenile sexual offenders shall

30  be required to participate in all programs and treatment.

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  1         (5)  The department shall provide an intensive

  2  aftercare component for monitoring and assisting the

  3  transition of a juvenile sexual offender into the community

  4  with terms and conditions which may include electronic

  5  monitoring of the juvenile sexual offender.

  6         (6)  The department shall establish protocol and

  7  procedures to notify schools, the appropriate law enforcement

  8  agencies, and the court when a juvenile sexual offender

  9  returns to the community.

10         (7)  The department may contract with private

11  organizations for the operation of a juvenile sexual offender

12  program and aftercare.

13         (8)  The Juvenile Justice Standards and Training

14  Commission shall establish criteria for training all contract

15  and department staff or provide a special training program for

16  contract and department staff to effectively manage and

17  provide services and treatment to a juvenile sexual offender

18  in a juvenile sexual offender program.

19         (9)  The department shall is required to conduct

20  inspections of and quality assurance activities for each

21  juvenile sexual offender program operated by or under contract

22  with the department, based on standards specifically developed

23  for these types of programs, to determine whether the program

24  complies with department rules for continued operation of the

25  program.

26         (10)  The department shall maintain records and other

27  information necessary to evaluate the effectiveness of each

28  juvenile sexual offender program and other outcome evaluation

29  requirements.

30         (11)  A child protection team or the state attorney in

31  any judicial circuit may establish a sexual abuse intervention


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  1  network to assist in identifying, investigating, prosecuting,

  2  treating, and preventing sexual abuse with special emphasis on

  3  juvenile sexual offenders and victims of sexual abuse.

  4         (12)  Membership of a sexual abuse intervention network

  5  shall include, but are not limited to, representatives from:

  6         (a)  Local law enforcement agencies;

  7         (b)  Local school boards;

  8         (c)  Child protective investigators;

  9         (d)  The Office of the State Attorney;

10         (e)  The Office of the Public Defender;

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

12         (g)  Professionals licensed under chapter 458, chapter

13  459, s. 490.0145, or s. 491.0144 providing treatment for

14  juvenile sexual offenders or their victims;

15         (h)  The guardian ad litem program;

16         (i)  The Department of Juvenile Justice; and

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

18         (13)  Each sexual abuse intervention network shall

19  develop a cooperative working agreement describing the roles

20  and responsibilities of all members towards the

21  identification, investigation, prosecution, treatment, and

22  reintegration of juvenile sexual offenders and the treatment

23  of their victims.

24         (14)  Subject to specific appropriation, availability

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

26  the Attorney General, the Department of Children and Family

27  Services, the Department of Juvenile Justice, or local

28  juvenile justice councils shall award grants to sexual abuse

29  intervention networks that apply for such grants. The grants

30  may be used for training, treatment, aftercare, evaluation,

31  public awareness, and other specified community needs that are


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  1  identified by the network. A grant shall be awarded based on

  2  the applicant's level of local funding, level of

  3  collaboration, number of juvenile sexual offenders to be

  4  served, number of victims to be served, and level of unmet

  5  needs. The Department of Legal Affairs' Office of the Attorney

  6  General, in collaboration with the Department of Juvenile

  7  Justice and the Department of Children and Family Services,

  8  shall establish by rule minimum standards for each respective

  9  department for residential and day treatment juvenile sexual

10  offender programs funded under this subsection.

11         (15)(11)  The Department of Legal Affairs department

12  may adopt is authorized to establish rules and other policy

13  directives necessary to award grants under implement the

14  provisions of this section.

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

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