House Bill 1985c1

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    Florida House of Representatives - 1998             CS/HB 1985

        By the Committees on Family Law & Children, Children &
    Family Empowerment and Representatives Lynn, Brennan and Brown





  1                      A bill to be entitled

  2         An act relating to human rights; amending s.

  3         402.165, F.S.; redesignating the Statewide

  4         Human Rights Advocacy Committee as the

  5         Statewide Human Rights Advocacy Council;

  6         revising membership of the statewide council;

  7         increasing the term of appointment to the

  8         statewide council; amending s. 402.166, F.S.;

  9         redesignating the district human rights

10         advocacy committees as the local human rights

11         advocacy councils; providing for additional

12         local councils to be established; increasing

13         the term of appointment to a local council;

14         providing for appointing a vice chairperson to

15         each local council; providing for local

16         councils to monitor the activities of, and

17         investigate complaints against, the Department

18         of Children and Family Services; amending s.

19         402.167, F.S.; revising provisions to reflect

20         the redesignation of the human rights advocacy

21         committees as human rights advocacy councils;

22         amending ss. 393.13, 394.459, 394.4595,

23         394.4597, 394.4598, 394.4599, 394.4615,

24         400.0067, 400.0089, 400.419, 400.428, 415.1034,

25         415.104, 415.1055, 415.106, 415.107, 415.501,

26         415.505, and 415.51, F.S.; conforming

27         terminology to changes made by the act;

28         providing an effective date.

29

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

31

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  1         Section 1.  Section 402.165, Florida Statutes, is

  2  amended to read:

  3         402.165  Statewide Human Rights Advocacy Council

  4  Committee; confidential records and meetings.--

  5         (1)  There is created within the Department of Children

  6  and Family Health and Rehabilitative Services a Statewide

  7  Human Rights Advocacy Council Committee. Members of the

  8  council shall represent the interests of clients who are

  9  served by the department.  The department of Health and

10  Rehabilitative Services shall provide administrative support

11  and service to the statewide council committee to the extent

12  requested by the executive director within available

13  resources.  The statewide council is Human Rights Advocacy

14  Committee shall not be subject to control, supervision, or

15  direction by the Department of Children and Family Health and

16  Rehabilitative Services in the performance of its duties. The

17  council committee shall consist of 15 citizens, one from each

18  service district of the department of Health and

19  Rehabilitative Services, who broadly represent the interests

20  of the public and the clients of that department.  The members

21  shall be representative of five groups of citizens as follows:

22  one provider one elected public official; two providers who

23  delivers deliver services or programs to clients of the

24  Department of Children and Family Health and Rehabilitative

25  Services; two four nonsalaried representatives of nonprofit

26  agencies or civic groups; four representatives of health and

27  rehabilitative services consumer groups who are currently

28  receiving, or have received, services from the Department of

29  Children and Family Health and Rehabilitative Services within

30  the past 4 years, at least one of whom must be a consumer; and

31  two four residents of the state who do not represent any of

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  1  the foregoing groups, one two of whom represents represent

  2  health-related professions and one two of whom represents

  3  represent the legal profession.  In appointing the

  4  representatives of the health-related professions, the

  5  appointing authority shall give priority of consideration to a

  6  physician licensed under chapter 458 or chapter 459; and, in

  7  appointing the representatives of the legal profession, the

  8  appointing authority shall give priority of consideration to a

  9  member in good standing of The Florida Bar.  Priority shall

10  also be given to appointing at least one elected official; one

11  additional health professional; one additional legal

12  professional; one additional provider; two additional

13  nonsalaried representatives of nonprofit agencies or civic

14  groups; and an individual whose primary area of interest,

15  experience, or expertise is a major client group of the

16  Department of Children and Family Services which is not

17  represented on the council at the time of appointment. Except

18  for the member who is an elected public official, each member

19  of the statewide council Human Rights Advocacy Committee must

20  have served as a member of a local district human rights

21  advocacy council, with priority consideration given to an

22  applicant who has served a full term on a local council

23  committee.  Persons related to each other by consanguinity or

24  affinity within the third degree may not serve on the

25  statewide council Human Rights Advocacy Committee at the same

26  time.

27         (2)  Members of the statewide council Human Rights

28  Advocacy Committee shall be appointed to serve terms of 4 3

29  years, retroactive to the members in office on July 1, 1998.

30  A member may not serve more than two full, consecutive terms.

31  The limitation on the number of terms a member may serve

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  1  applies without regard to whether a term was served before or

  2  after October 1, 1989.

  3         (3)  If a member of the statewide council Human Rights

  4  Advocacy Committee fails to attend two-thirds of the regular

  5  council committee meetings during the course of a year, the

  6  position held by such member may be deemed vacant by the

  7  council committee.  The Governor shall fill the vacancy

  8  pursuant to subsection (4). If a member of the statewide

  9  council violates Human Rights Advocacy Committee is in

10  violation of the provisions of this section or procedures

11  adopted under this section thereto, the council committee may

12  recommend to the Governor that such member be removed.

13         (4)  The Governor shall fill each vacancy on the

14  statewide council Human Rights Advocacy Committee from a list

15  of nominees submitted by the statewide council committee.  A

16  list of candidates shall be submitted to the statewide council

17  committee by the local council district human rights advocacy

18  committee in the district from which the vacancy occurs.

19  Priority of consideration shall be given to the appointment of

20  an individual whose primary interest, experience, or expertise

21  lies with a major client group of the Department of Children

22  and Family Health and Rehabilitative Services which is not

23  represented on the council committee at the time of the

24  appointment.  If an appointment is not made within 60 days

25  after a vacancy occurs on the council committee, the vacancy

26  shall be filled by a majority vote of the statewide council

27  committee without further action by the Governor. A No person

28  who is employed by the Department of Children and Family

29  Health and Rehabilitative Services may not be appointed to the

30  council committee.

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  1         (5)(a)  Members of the statewide council Human Rights

  2  Advocacy Committee shall receive no compensation, but are

  3  shall be entitled to be reimbursed for per diem and travel

  4  expenses in accordance with s. 112.061.

  5         (b)  The council committee shall select an executive

  6  director who shall serve at the pleasure of the council

  7  committee and shall perform the duties delegated to him or her

  8  by the council committee.  The compensation of the executive

  9  director shall be established in accordance with the rules of

10  the Selected Exempt Service.

11         (c)  The council committee may apply for, receive, and

12  accept grants, gifts, donations, bequests, and other payments

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

14  intangible, and service from any governmental or other public

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

16  use of same.

17         (d)  The statewide council Human Rights Advocacy

18  Committee shall annually prepare a budget request that is

19  shall not be subject to change by department staff after it is

20  approved by the council committee, but the budget request

21  shall be submitted to the Governor by the department for

22  transmittal to the Legislature.  The budget must shall include

23  a request for funds to carry out the activities of the

24  statewide council Human Rights Advocacy Committee and the

25  local councils district human rights advocacy committees.

26         (6)  The members of the statewide council Human Rights

27  Advocacy Committee shall elect a chairperson and vice

28  chairperson to terms a term of 1 year.  A person may not serve

29  as chairperson or vice chairperson for more than two full,

30  consecutive terms.

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  1         (7)  The responsibilities of the council committee

  2  include, but are not limited to:

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

  4  for protecting the constitutional and human rights of any

  5  client within a program or facility operated, funded,

  6  licensed, or regulated by the Department of Children and

  7  Family Health and Rehabilitative Services.

  8         (b)  Monitoring by site visit and inspection of

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

10  facilities operated, funded, regulated, or licensed by the

11  Department of Children and Family Health and Rehabilitative

12  Services for the purpose of preventing abuse or deprivation of

13  the constitutional and human rights of clients.  The statewide

14  council Human Rights Advocacy Committee may conduct an

15  unannounced site visit or monitoring visit that involves the

16  inspection of records if such visit is conditioned upon a

17  complaint.  A complaint may be generated by the council

18  committee itself if information from the Department of

19  Children and Family Health and Rehabilitative Services or

20  other sources indicates a situation at the program or facility

21  which that indicates possible abuse or neglect of clients.

22  The statewide council Human Rights Advocacy Committee shall

23  establish and follow uniform criteria for the review of

24  information and generation of complaints.  Routine program

25  monitoring and reviews that do not require an examination of

26  records may be 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 Human Rights Advocacy

30  Committee by a local council district human rights advocacy

31  committee.  If a matter constitutes a threat to the life,

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  1  safety, or health of clients or is multidistrict in scope, the

  2  statewide council Human Rights Advocacy Committee may exercise

  3  such powers without the necessity of a referral from a local

  4  council district committee.

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

  6  revised programs of the Department of Children and Family

  7  Health and Rehabilitative Services and making recommendations

  8  as to how the rights of clients are affected.

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

10  later than December 30 of each calendar year, concerning

11  activities, recommendations, and complaints reviewed or

12  developed by the council committee during the year.

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

14  the call of the chairperson and at other times at the call of

15  the Governor or by written request of six members of the

16  council committee.

17         (g)  Developing and adopting uniform procedures to be

18  used to carry out the purpose and responsibilities of the

19  statewide council and the local councils human rights advocacy

20  committees, which procedures must shall include, but need not

21  be limited to, the following:

22         1.  The responsibilities of the statewide council and

23  the local councils committee;

24         2.  The organization and operation of the statewide

25  council committee and the local councils district committees,

26  including procedures for replacing a member, formats for

27  maintaining records of council committee activities, and

28  criteria for determining what constitutes a conflict of

29  interest for purposes of assigning and conducting

30  investigations and monitoring;

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  1         3.  Uniform procedures for the statewide council

  2  committee and the local councils district committees to

  3  receive and investigate reports of abuse of constitutional or

  4  human rights;

  5         4.  The responsibilities and relationship of the local

  6  councils district human rights advocacy committees to the

  7  statewide council committee;

  8         5.  The relationship of the statewide council committee

  9  to the Department of Children and Family Health and

10  Rehabilitative Services, including the way in which reports of

11  findings and recommendations related to reported abuse are

12  given to the Department of Children and Family Health and

13  Rehabilitative Services;

14         6.  Provision for cooperation with the State Long-Term

15  Care Ombudsman Council;

16         7.  Procedures for appeal.  An appeal to the statewide

17  council state committee is made by a local council district

18  human rights advocacy committee when a valid complaint is not

19  resolved at the local district level.  The statewide council

20  committee may appeal an unresolved complaint to the Secretary

21  of Children and Family the Department of Health and

22  Rehabilitative Services. If, after exhausting all remedies,

23  the statewide council committee is not satisfied that the

24  complaint can be resolved within the Department of Children

25  and Family Health and Rehabilitative Services, the appeal may

26  be referred to the Governor or the Legislature;

27         8.  Uniform procedures for gaining access to and

28  maintaining confidential information; and

29         9.  Definitions of misfeasance and malfeasance for

30  members of the statewide council committee and local councils

31  district committees.

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  1         (h)  Monitoring the performance and activities of all

  2  local councils district committees and providing technical

  3  assistance to members and staff of local councils district

  4  committees.

  5         (i)  Providing for the development and presentation of

  6  a standardized training program for members of local councils

  7  district committees.

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

  9  council Human Rights Advocacy Committee shall have:

10         1.  Authority to receive, investigate, seek to

11  conciliate, hold hearings on, and act on complaints that which

12  allege any abuse or deprivation of constitutional or human

13  rights of clients.

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

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

16  funded, licensed, or regulated by the Department of Children

17  and Family Health and Rehabilitative Services and any records

18  that which are material to its investigation and which are in

19  the custody of any other agency or department of government.

20  The council's committee's investigation or monitoring may

21  shall not impede or obstruct matters under investigation by

22  law enforcement agencies or judicial authorities.  Access may

23  shall not be granted if a specific procedure or prohibition

24  for reviewing records is required by federal law and

25  regulation that which supersedes state law. Access may shall

26  not be granted to the records of a private licensed

27  practitioner who is providing services outside state agencies

28  and facilities and whose client is competent and refuses

29  disclosure.

30         3.  Standing to petition the circuit court for access

31  to client records that which are confidential as specified by

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  1  law.  The petition must shall state the specific reasons for

  2  which the council committee is seeking access and the intended

  3  use of such information.  The court may authorize committee

  4  access to such records upon a finding that such access is

  5  directly related to an investigation regarding the possible

  6  deprivation of constitutional or human rights or the abuse of

  7  a client.  Original client files, records, and reports may

  8  shall not be removed from the Department of Children and

  9  Family Health and Rehabilitative Services or agency

10  facilities.  The statewide council may not Under no

11  circumstance shall the committee have access to confidential

12  adoption records in accordance with the provisions of ss.

13  39.411, 63.022, and 63.162.  Upon completion of a general

14  investigation of practices and procedures of the Department of

15  Children and Family Health and Rehabilitative Services, the

16  statewide council committee shall report its findings to that

17  department.

18         (b)  All information obtained or produced by the

19  statewide council committee which is made confidential by law,

20  which relates to the identity of any client or group of

21  clients subject to the protections of this section, or which

22  relates to the identity of an individual who provides

23  information to the council committee about abuse or alleged

24  violations of constitutional or human rights, is confidential

25  and exempt from the provisions of s. 119.07(1) and s. 24(a),

26  Art. I of the State Constitution.

27         (c)  Portions of meetings of the statewide council

28  Human Rights Advocacy Committee which relate to the identity

29  of any client or group of clients subject to the protections

30  of this section, which relate to the identity of an individual

31  who provides information to the council committee about abuse

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  1  or alleged violations of constitutional or human rights, or

  2  wherein testimony is provided relating to records otherwise

  3  made confidential by law, are exempt from the provisions of s.

  4  286.011 and s. 24(b), Art. I of the State Constitution.

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

  6  council committee which reflect a mental impression,

  7  investigative strategy, or theory are exempt from the

  8  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

  9  Constitution until the investigation is completed or until the

10  investigation ceases to be active.  For purposes of this

11  section, an investigation is considered "active" while such

12  investigation is being conducted by the statewide council

13  committee with a reasonable, good faith belief that it may

14  lead to a finding of abuse or of a violation of human rights.

15  An investigation does not cease to be active so long as the

16  statewide council committee is proceeding with reasonable

17  dispatch and there is a good faith belief that action may be

18  initiated by the council committee or other administrative or

19  law enforcement agency.

20         (e)  Any person who knowingly and willfully discloses

21  any such confidential information is guilty of a misdemeanor

22  of the second degree, punishable as provided in s. 775.082 or

23  s. 775.083.

24         Section 2.  Section 402.166, Florida Statutes, is

25  amended to read:

26         402.166  Local District human rights advocacy councils

27  committees; confidential records and meetings.--

28         (1)  At least one local district human rights advocacy

29  council committee is created in each service district of the

30  Department of Children and Family Health and Rehabilitative

31  Services.  The local district human rights advocacy councils

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  1  are committees shall be subject to direction from and the

  2  supervision of the Statewide Human Rights Advocacy Council

  3  Committee.  The district administrator shall assign staff to

  4  provide administrative support to the local councils

  5  committees, and staff assigned to these positions shall

  6  perform the functions required by the local council committee

  7  without interference from the department.  The local councils

  8  district committees shall direct the activities of staff

  9  assigned to them to the extent necessary for the councils

10  committees to carry out their duties.  The number and areas of

11  responsibility of the local councils district human rights

12  advocacy committees, not to exceed three in any district,

13  shall be determined by the majority vote of local council

14  district committee members. However, district II may have four

15  councils, and any district that has a developmental services

16  institution, as defined in s. 393.063, or a state mental

17  hospital may, by a majority vote of the local council members,

18  petition the statewide council to establish a separate council

19  to serve this population committees. Local councils District

20  committees shall meet at facilities under their jurisdiction

21  whenever possible.

22         (2)  Each local council district human rights advocacy

23  committee shall have no fewer than 7 members and no more than

24  15 members, 25 percent of whom are or have been clients of the

25  Department of Children and Family Health and Rehabilitative

26  Services within the last 4 years, except that one member of

27  this group may be an immediate relative or legal

28  representative of a current or former client; two providers,

29  who deliver services or programs to clients of the Department

30  of Children and Family Health and Rehabilitative Services; and

31  two representatives of professional organizations, one of whom

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  1  represents health-related professions and one of whom

  2  represents the legal profession. Priority of consideration

  3  shall be given to the appointment of at least one medical or

  4  osteopathic physician, as defined in chapters 458 and 459, and

  5  one member in good standing of The Florida Bar. Priority of

  6  consideration shall also be given to the appointment of an

  7  individual whose primary interest, experience, or expertise

  8  lies with a major client group of the Department of Children

  9  and Family Health and Rehabilitative Services which is not

10  represented on the council committee at the time of the

11  appointment.  In no case shall A person who is employed by the

12  Department of Children and Family Health and Rehabilitative

13  Services may not be selected as a member of a council

14  committee.  At no time shall Individuals who are providing

15  contracted services to the Department of Children and Family

16  Health and Rehabilitative Services may not constitute more

17  than 25 percent of the membership of a local council district

18  committee.  Persons related to each other by consanguinity or

19  affinity within the third degree may shall not serve on the

20  same local council district human rights advocacy committee at

21  the same time.  All members of local councils district human

22  rights advocacy committees must successfully complete a

23  standardized training course for council committee members

24  within 3 months after their appointment to a council

25  committee.  A member may not be assigned an investigation that

26  which requires access to confidential information prior to the

27  completion of the training course.  After he or she completes

28  the required training course, a member of a council may

29  committee shall not be prevented from participating in any

30  activity of that council committee, including investigations

31  and monitoring, except due to a conflict of interest as

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  1  described in the procedures established by the Statewide Human

  2  Rights Advocacy Council Committee pursuant to subsection (7).

  3         (3)(a)  With respect to existing councils committees,

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

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

  6  district committee shall appoint a replacement by majority

  7  vote of the council committee, subject to the approval of the

  8  Governor.  A member may serve no more than two full,

  9  consecutive terms.

10         (b)1.  The Governor shall appoint the first 4 members

11  of any newly created council committee; and those 4 members

12  shall select the remaining 11 members, subject to approval of

13  the Governor.  If any of the first four members are not

14  appointed within 60 days after of a request being submitted to

15  the Governor, those members shall be appointed by a majority

16  vote of the local council district committee without further

17  action by the Governor.

18         2.  Members shall serve for no more than two full,

19  consecutive terms of 4 3 years, except that at the time of

20  initial appointment, terms shall be staggered so that the

21  first six members appointed serve for terms of 2 years and the

22  remaining five members serve for terms of 4 3 years.

23  Vacancies shall be filled as provided in subparagraph 1.

24         (c)  If no action is taken by the Governor to approve

25  or disapprove a replacement of a member pursuant to this

26  paragraph within 30 days after the local council district

27  committee has notified the Governor of the appointment, then

28  the appointment of the replacement shall be considered

29  approved.

30

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  1         (d)  The limitation on the number of terms a member may

  2  serve applies without regard to whether a term was served

  3  before or after October 1, 1989.

  4         (4)  Each council committee shall elect a chairperson

  5  and vice chairperson for a term of 1 year.  A person may not

  6  serve as chairperson or vice chairperson for more than two

  7  consecutive terms.  The chairperson's and vice chairperson's

  8  terms expire term expires on the anniversary of their the

  9  chairperson's election.

10         (5)  If In the event that a council committee member

11  fails to attend two-thirds of the regular council committee

12  meetings during the course of a year, the council shall it

13  shall be the responsibility of the committee to replace such

14  member.  If a local council district committee member violates

15  is in violation of the provisions of this section subsection

16  or procedures adopted under this section thereto, a local

17  council district committee may recommend to the Governor that

18  such member be removed.

19         (6)  A member of a local council district committee

20  shall receive no compensation but is shall receive per diem

21  and shall be entitled to reimbursement be reimbursed for per

22  diem and travel expenses as provided in s. 112.061.  Members

23  may be provided reimbursement for long-distance telephone

24  calls if such calls were necessary to an investigation of an

25  abuse or deprivation of human rights.

26         (7)  A local council district human rights advocacy

27  committee shall first seek to resolve a complaint with the

28  appropriate local administration, agency, or program.; Any

29  matter not resolved by the local council district committee

30  shall be referred to the statewide council Human Rights

31  Advocacy Committee.  A local council district human rights

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  1  advocacy committee shall comply with appeal procedures

  2  established by the statewide council Human Rights Advocacy

  3  Committee.  The duties, actions, and procedures of both new

  4  and existing local councils district human rights advocacy

  5  committees shall conform to the provisions of ss.

  6  402.164-402.167 this act.  The duties of each local council

  7  district human rights advocacy committee shall include, but

  8  are not limited to:

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

10  for protecting the constitutional and human rights of any

11  client within a program or facility operated, funded,

12  licensed, or regulated by the Department of Children and

13  Family Health and Rehabilitative Services.

14         (b)  Monitoring by site visit and inspection of

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

16  facilities operated, funded, regulated or licensed by the

17  Department of Children and Family Health and Rehabilitative

18  Services for the purpose of preventing abuse or deprivation of

19  the constitutional and human rights of clients.  A local

20  council district human rights advocacy committee may conduct

21  an unannounced site visit or monitoring visit that involves

22  the inspection of records if such visit is conditioned upon a

23  complaint.  A complaint may be generated by the council

24  committee itself if information from the Department of

25  Children and Family Health and Rehabilitative Services or

26  other sources indicates a situation at the program or facility

27  which that indicates possible abuse or neglect of clients.

28  The local council district human rights advocacy committees

29  shall follow uniform criteria established by the statewide

30  council Human Rights Advocacy Committee for the review of

31  information and generation of complaints.  Routine program

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  1  monitoring and reviews that do not require an examination of

  2  records may be made unannounced.

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

  4  abuse or deprivation of constitutional and human rights.

  5         (d)  Reviewing and making recommendations

  6  recommendation with respect to the involvement by clients of

  7  the Department of Children and Family Health and

  8  Rehabilitative Services as subjects for research projects,

  9  prior to implementation, insofar as their human rights are

10  affected.

11         (e)  Reviewing existing programs or services and new or

12  revised programs of the Department of Children and Family

13  Health and Rehabilitative Services and making recommendations

14  as to how the rights of clients are affected.

15         (f)  Appealing to the statewide council state committee

16  any complaint unresolved at the local district level.  Any

17  matter that constitutes a threat to the life, safety, or

18  health of a client or is multidistrict in scope shall

19  automatically be referred to the statewide council Human

20  Rights Advocacy Committee.

21         (g)  Submitting an annual report by September 30 to the

22  statewide council Human Rights Advocacy Committee concerning

23  activities, recommendations, and complaints reviewed or

24  developed by the council committee during the year.

25         (h)  Conducting meetings at least six times a year at

26  the call of the chairperson and at other times at the call of

27  the Governor, at the call of the statewide council Human

28  Rights Advocacy Committee, or by written request of a majority

29  of the members of the council committee.

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

31  council district human rights advocacy committee shall have:

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  1         1.  Access to all client records, files, and reports

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

  3  funded, licensed, or regulated by the Department of Children

  4  and Family Health and Rehabilitative Services and any records

  5  that which are material to its investigation and which are in

  6  the custody of any other agency or department of government.

  7  The council's committee's investigation or monitoring may

  8  shall not impede or obstruct matters under investigation by

  9  law enforcement agencies or judicial authorities. Access may

10  shall not be granted if a specific procedure or prohibition

11  for reviewing records is required by federal law and

12  regulation that which supersedes state law.  Access may shall

13  not be granted to the records of a private licensed

14  practitioner who is providing services outside state agencies

15  and facilities and whose client is competent and refuses

16  disclosure.

17         2.  Standing to petition the circuit court for access

18  to client records that which are confidential as specified by

19  law.  The petition must shall state the specific reasons for

20  which the council committee is seeking access and the intended

21  use of such information.  The court may authorize committee

22  access to such records upon a finding that such access is

23  directly related to an investigation regarding the possible

24  deprivation of constitutional or human rights or the abuse of

25  a client.  Original client files, records, and reports may

26  shall not be removed from Department of Children and Family

27  Health and Rehabilitative Services or agency facilities.  Upon

28  no circumstances shall The local council may not committee

29  have access to confidential adoption records in accordance

30  with the provisions of ss. 39.411, 63.022, and 63.162. Upon

31  completion of a general investigation of practices and

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  1  procedures of the Department of Children and Family Health and

  2  Rehabilitative Services, the council committee shall report

  3  its findings to that department.

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

  5  council the committee which is made confidential by law, which

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

  7  subject to the protection of this section, or which relates to

  8  the identity of an individual who provides information to the

  9  council committee about abuse or alleged violations of

10  constitutional or human rights, is confidential and exempt

11  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

12  the State Constitution.

13         (c)  Portions of meetings of a local council district

14  human rights advocacy committee which relate to the identity

15  of any client or group of clients subject to the protections

16  of this section, which relate to the identity of an individual

17  who provides information to the council committee about abuse

18  or alleged violations of constitutional or human rights, or

19  wherein testimony is provided relating to records otherwise

20  made confidential by law, are exempt from the provisions of s.

21  286.011 and s. 24(b), Art. I of the State Constitution.

22         (d)  All records prepared by members of a local council

23  the committee which reflect a mental impression, investigative

24  strategy, or theory are exempt from the provisions of s.

25  119.07(1) and s. 24(a), Art. I of the State Constitution until

26  the investigation is completed or until the investigation

27  ceases to be active.  For purposes of this section, an

28  investigation is considered "active" while such investigation

29  is being conducted by a local council the committee with a

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

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

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  1  does not cease to be active so long as the council committee

  2  is proceeding with reasonable dispatch and there is a good

  3  faith belief that action may be initiated by the council

  4  committee or other administrative or law enforcement agency.

  5         (e)  Any person who knowingly and willfully discloses

  6  any such confidential information is guilty of a misdemeanor

  7  of the second degree, punishable as provided in s. 775.082 or

  8  s. 775.083.

  9         Section 3.  Section 402.167, Florida Statutes, is

10  amended to read:

11         402.167  Department duties relating to the Statewide

12  Human Rights Advocacy Council Committee and the Local District

13  Human Rights Advocacy Councils Committees.--

14         (1)  The Department of Children and Family Health and

15  Rehabilitative Services shall adopt rules that which are

16  consistent with law, amended to reflect any statutory changes,

17  and that which rules address at least the following:

18         (a)  Procedures by which Department of Children and

19  Family Health and Rehabilitative Services district staff refer

20  reports of abuse to local councils district human rights

21  advocacy committees.

22         (b)  Procedures by which client information is made

23  available to members of the statewide council Human Rights

24  Advocacy Committee and the local councils district human

25  rights advocacy committees.

26         (c)  Procedures by which recommendations made by the

27  councils human rights advocacy committees will be incorporated

28  into Department of Children and Family Health and

29  Rehabilitative Services policies and procedures.

30         (d)  Procedures by which council committee members are

31  reimbursed for authorized expenditures.

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  1         (2)  The Department of Children and Family Health and

  2  Rehabilitative Services shall provide for the location of

  3  local councils district human rights advocacy committees in

  4  district headquarters offices and shall provide necessary

  5  equipment and office supplies, including, but not limited to,

  6  clerical and word processing services, photocopiers, telephone

  7  services, and stationery and other necessary supplies.

  8         (3)  The secretary shall ensure the full cooperation

  9  and assistance of employees of the Department of Children and

10  Family Health and Rehabilitative Services with members and

11  staff of the human rights advocacy councils committees.

12  Further, the secretary shall ensure that to the extent

13  possible, staff assigned to the Statewide Human Rights

14  Advocacy Council Committees and Local District Human Rights

15  Advocacy Councils Committees are free of interference from or

16  control by the department in performing their duties relative

17  to those councils committees.

18         Section 4.  Paragraphs (g) and (i) of subsection (4)

19  and subsection (7) of section 393.13, Florida Statutes, are

20  amended to read:

21         393.13  Personal treatment of persons who are

22  developmentally disabled.--

23         (4)  CLIENT RIGHTS.--For purposes of this subsection,

24  the term "client," as defined in s. 393.063, shall also

25  include any person served in a facility licensed pursuant to

26  s. 393.067.

27         (g)  No client shall be subjected to a treatment

28  program to eliminate bizarre or unusual behaviors without

29  first being examined by a physician who in his or her best

30  judgment determines that such behaviors are not organically

31  caused.

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  1         1.  Treatment programs involving the use of noxious or

  2  painful stimuli shall be prohibited.

  3         2.  All alleged violations of this paragraph shall be

  4  reported immediately to the chief administrative officer of

  5  the facility or the district administrator, the department

  6  head, and the local district human rights advocacy council

  7  committee.  A thorough investigation of each incident shall be

  8  conducted and a written report of the finding and results of

  9  such investigation shall be submitted to the chief

10  administrative officer of the facility or the district

11  administrator and to the department head within 24 hours of

12  the occurrence or discovery of the incident.

13         3.  The department shall promulgate by rule a system

14  for the oversight of behavioral programs.  Such system shall

15  establish guidelines and procedures governing the design,

16  approval, implementation, and monitoring of all behavioral

17  programs involving clients.  The system shall ensure statewide

18  and local review by committees of professionals certified as

19  behavior analysts pursuant to s. 393.17.  No behavioral

20  program shall be implemented unless reviewed according to the

21  rules established by the department under this section.

22  Nothing stated in this section shall prohibit the review of

23  programs by the local district human rights advocacy council

24  committee.

25         (i)  Clients shall have the right to be free from

26  unnecessary physical, chemical, or mechanical restraint.

27  Restraints shall be employed only in emergencies or to protect

28  the client from imminent injury to himself or herself or

29  others.  Restraints shall not be employed as punishment, for

30  the convenience of staff, or as a substitute for a

31  habilitative plan.  Restraints shall impose the least possible

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  1  restrictions consistent with their purpose and shall be

  2  removed when the emergency ends.  Restraints shall not cause

  3  physical injury to the client and shall be designed to allow

  4  the greatest possible comfort.

  5         1.  Mechanical supports used in normative situations to

  6  achieve proper body position and balance shall not be

  7  considered restraints, but shall be prescriptively designed

  8  and applied under the supervision of a qualified professional

  9  with concern for principles of good body alignment,

10  circulation, and allowance for change of position.

11         2.  Totally enclosed cribs and barred enclosures shall

12  be considered restraints.

13         3.  Daily reports on the employment of physical,

14  chemical, or mechanical restraints by those specialists

15  authorized in the use of such restraints shall be made to the

16  appropriate chief administrator of the facility, and a monthly

17  summary of such reports shall be relayed to the district

18  administrator and the local district human rights advocacy

19  council committee.  The reports shall summarize all such cases

20  of restraints, the type used, the duration of usage, and the

21  reasons therefor.  Districts shall submit districtwide

22  quarterly reports of these summaries to the state

23  Developmental Services Program Office.

24         4.  The department shall post a copy of the rules

25  promulgated under this section in each living unit of

26  residential facilities.  A copy of the rules promulgated under

27  this section shall be given to all staff members of licensed

28  facilities and made a part of all preservice and inservice

29  training programs.

30         (7)  RESIDENT GOVERNMENT.--Each residential facility

31  providing services to clients who are desirous and capable of

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  1  participating shall initiate and develop a program of resident

  2  government to hear the views and represent the interests of

  3  all clients served by the facility.  The resident government

  4  shall be composed of residents elected by other residents,

  5  staff advisers skilled in the administration of community

  6  organizations, and a representative of the local district

  7  human rights advocacy council committee. The resident

  8  government shall work closely with the local district human

  9  rights advocacy council committee and the district

10  administrator to promote the interests and welfare of all

11  residents in the facility.

12         Section 5.  Paragraph (c) of subsection (5) and

13  subsection (12) of section 394.459, Florida Statutes, are

14  amended to read:

15         394.459  Rights of patients.--

16         (5)  COMMUNICATION, ABUSE REPORTING, AND VISITS.--

17         (c)  Each facility must permit immediate access to any

18  patient, subject to the patient's right to deny or withdraw

19  consent at any time, by the patient's family members,

20  guardian, guardian advocate, representative, human rights

21  advocacy council committee, or attorney, unless such access

22  would be detrimental to the patient.  If a patient's right to

23  communicate or to receive visitors is restricted by the

24  facility, written notice of such restriction and the reasons

25  for the restriction shall be served on the patient, the

26  patient's attorney, and the patient's guardian, guardian

27  advocate, or representative; and such restriction shall be

28  recorded on the patient's clinical record with the reasons

29  therefor.  The restriction of a patient's right to communicate

30  or to receive visitors shall be reviewed at least every 7

31  days.  The right to communicate or receive visitors shall not

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  1  be restricted as a means of punishment.  Nothing in this

  2  paragraph shall be construed to limit the provisions of

  3  paragraph (d).

  4         (12)  POSTING OF NOTICE OF RIGHTS OF PATIENTS.--Each

  5  facility shall post a notice listing and describing, in the

  6  language and terminology that the persons to whom the notice

  7  is addressed can understand, the rights provided in this

  8  section.  This notice shall include a statement that

  9  provisions of the federal Americans with Disabilities Act

10  apply and the name and telephone number of a person to contact

11  for further information.  This notice shall be posted in a

12  place readily accessible to patients and in a format easily

13  seen by patients.  This notice shall include the telephone

14  numbers of the local human rights advocacy council committee

15  and Advocacy Center for Persons with Disabilities, Inc.

16         Section 6.  Section 394.4595, Florida Statutes, is

17  amended to read:

18         394.4595  Human Rights Advocacy Council Committee

19  access to patients and records.--Any facility designated by

20  the department as a receiving or treatment facility must allow

21  access to any patient and the clinical and legal records of

22  any patient admitted pursuant to the provisions of this act by

23  members of the Human Rights Advocacy Council Committee.

24         Section 7.  Paragraph (d) of subsection (2) of section

25  394.4597, Florida Statutes, is amended to read:

26         394.4597  Persons to be notified; patient's

27  representative.--

28         (2)  INVOLUNTARY PATIENTS.--

29         (d)  When the receiving or treatment facility selects a

30  representative, first preference shall be given to a health

31  care surrogate, if one has been previously selected by the

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  1  patient.  If the patient has not previously selected a health

  2  care surrogate, the selection, except for good cause

  3  documented in the patient's clinical record, shall be made

  4  from the following list in the order of listing:

  5         1.  The patient's spouse.

  6         2.  An adult child of the patient.

  7         3.  A parent of the patient.

  8         4.  The adult next of kin of the patient.

  9         5.  An adult friend of the patient.

10         6.  The appropriate human rights advocacy council

11  committee as provided in s. 402.166.

12         Section 8.  Subsection (1) of section 394.4598, Florida

13  Statutes, is amended to read:

14         394.4598  Guardian advocate.--

15         (1)  The administrator may petition the court for the

16  appointment of a guardian advocate based upon the opinion of a

17  psychiatrist that the patient is incompetent to consent to

18  treatment. If the court finds that a patient is incompetent to

19  consent to treatment and has not been adjudicated

20  incapacitated and a guardian with the authority to consent to

21  mental health treatment appointed, it shall appoint a guardian

22  advocate. The patient has the right to have an attorney

23  represent him or her at the hearing. If the person is

24  indigent, the court shall appoint the office of the public

25  defender to represent him or her at the hearing. The patient

26  has the right to testify, cross-examine witnesses, and present

27  witnesses. The proceeding shall be recorded either

28  electronically or stenographically, and testimony shall be

29  provided under oath. One of the professionals authorized to

30  give an opinion in support of a petition for involuntary

31  placement, as described in s. 394.467(2), must testify. A

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  1  guardian advocate must meet the qualifications of a guardian

  2  contained in part IV of chapter 744, except that a

  3  professional referred to in this part, an employee of the

  4  facility providing direct services to the patient under this

  5  part, a departmental employee, a  facility administrator, or

  6  member of the local district human rights advocacy council may

  7  committee shall not be appointed. A person who is appointed as

  8  a guardian advocate must agree to the appointment.

  9         Section 9.  Paragraph (b) of subsection (2) of section

10  394.4599, Florida Statutes, is amended to read:

11         394.4599  Notice.--

12         (2)  INVOLUNTARY PATIENTS.--

13         (b)  A receiving facility shall give prompt notice of

14  the whereabouts of a patient who is being involuntarily held

15  for examination, by telephone or in person within 24 hours

16  after the patient's arrival at the facility, unless the

17  patient requests that no notification be made.  Contact

18  attempts shall be documented in the patient's clinical record

19  and shall begin as soon as reasonably possible after the

20  patient's arrival.  Notice that a patient is being admitted as

21  an involuntary patient shall be given to the local human

22  rights advocacy council committee no later than the next

23  working day after the patient is admitted.

24         Section 10.  Subsection (5) of section 394.4615,

25  Florida Statutes, is amended to read:

26         394.4615  Clinical records; confidentiality.--

27         (5)  Information from clinical records may be used by

28  the Agency for Health Care Administration, the department, and

29  the human rights advocacy councils committees for the purpose

30  of monitoring facility activity and complaints concerning

31  facilities.

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  1         Section 11.  Paragraph (g) of subsection (2) of section

  2  400.0067, Florida Statutes, is amended to read:

  3         400.0067  Establishment of State Long-Term Care

  4  Ombudsman Council; duties; membership.--

  5         (2)  The State Long-Term Care Ombudsman Council shall:

  6         (g)  Enter into a cooperative agreement with the

  7  statewide and local district human rights advocacy councils

  8  committees for the purpose of coordinating advocacy services

  9  provided to residents of long-term care facilities.

10         Section 12.  Section 400.0089, Florida Statutes, is

11  amended to read:

12         400.0089  Agency reports.--The State Long-Term Care

13  Ombudsman Council, shall, in cooperation with the Department

14  of Elderly Affairs, maintain a statewide uniform reporting

15  system to collect and analyze data relating to complaints and

16  conditions in long-term care facilities and to residents, for

17  the purpose of identifying and resolving significant problems.

18  The council shall submit such data as part of its annual

19  report required pursuant to s. 400.0067(2)(h) to the Agency

20  for Health Care Administration, the Department of Health and

21  Rehabilitative Services, the Statewide Human Rights Advocacy

22  Council Committee, the Advocacy Center for Persons with

23  Disabilities, the Commissioner for the United States

24  Administration on Aging, the National Ombudsman Resource

25  Center, and any other state or federal entities that the

26  ombudsman determines appropriate.

27         Section 13.  Subsection (6) of section 400.419, Florida

28  Statutes, is amended to read:

29         400.419  Violations; penalties.--

30         (6)  The agency shall develop and disseminate an annual

31  list of all facilities sanctioned or fined in excess of $500

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  1  for violations of state standards, the number and class of

  2  violations involved, the penalties imposed, and the current

  3  status of cases. The list shall be disseminated, at no charge,

  4  to the Department of Elderly Affairs, the Department of Health

  5  and Rehabilitative Services, the area agencies on aging, the

  6  Statewide Human Rights Advocacy Council Committee, and the

  7  state and district nursing home and long-term care facility

  8  ombudsman councils.  The agency may charge a fee commensurate

  9  with the cost of printing and postage to other interested

10  parties requesting a copy of this list.

11         Section 14.  Subsection (2) of section 400.428, Florida

12  Statutes, is amended to read:

13         400.428  Resident bill of rights.--

14         (2)  The administrator of a facility shall ensure that

15  a written notice of the rights, obligations, and prohibitions

16  set forth in this part is posted in a prominent place in each

17  facility and read or explained to residents who cannot read.

18  This notice shall include the name, address, and telephone

19  numbers of the district ombudsman council and adult abuse

20  registry and, when applicable, the Advocacy Center for Persons

21  with Disabilities, Inc., and the local district human rights

22  advocacy council committee, where complaints may be lodged.

23  The facility must ensure a resident's access to a telephone to

24  call the district ombudsman council, adult abuse registry,

25  Advocacy Center for Persons with Disabilities, Inc., and local

26  district human rights advocacy council committee.

27         Section 15.  Paragraph (a) of subsection (1) of section

28  415.1034, Florida Statutes, is amended to read:

29         415.1034  Mandatory reporting of abuse, neglect, or

30  exploitation of disabled adults or elderly persons; mandatory

31  reports of death.--

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  1         (1)  MANDATORY REPORTING.--

  2         (a)  Any person, including, but not limited to, any:

  3         1.  Physician, osteopathic physician, medical examiner,

  4  chiropractor, nurse, or hospital personnel engaged in the

  5  admission, examination, care, or treatment of disabled adults

  6  or elderly persons;

  7         2.  Health professional or mental health professional

  8  other than one listed in subparagraph 1.;

  9         3.  Practitioner who relies solely on spiritual means

10  for healing;

11         4.  Nursing home staff; assisted living facility staff;

12  adult day care center staff; adult family-care home staff;

13  social worker; or other professional adult care, residential,

14  or institutional staff;

15         5.  State, county, or municipal criminal justice

16  employee or law enforcement officer;

17         6.  Human rights advocacy council member committee or

18  long-term care ombudsman council member; or

19         7.  Bank, savings and loan, or credit union officer,

20  trustee, or employee,

21

22  who knows, or has reasonable cause to suspect, that a disabled

23  adult or an elderly person has been or is being abused,

24  neglected, or exploited shall immediately report such

25  knowledge or suspicion to the central abuse registry and

26  tracking system on the single statewide toll-free telephone

27  number.

28         Section 16.  Subsection (1) of section 415.104, Florida

29  Statutes, is amended to read:

30

31

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  1         415.104  Protective services investigations of cases of

  2  abuse, neglect, or exploitation of aged persons or disabled

  3  adults; transmittal of records to state attorney.--

  4         (1)  The department shall, upon receipt of a report

  5  alleging abuse, neglect, or exploitation of an aged person or

  6  disabled adult, commence, or cause to be commenced within 24

  7  hours, a protective services investigation of the facts

  8  alleged therein. If, upon arrival of the protective

  9  investigator at the scene of the incident, a caregiver refuses

10  to allow the department to begin a protective services

11  investigation or interferes with the department's ability to

12  conduct such an investigation, the appropriate law enforcement

13  agency shall be contacted to assist the department in

14  commencing the protective services investigation. If, during

15  the course of the investigation, the department has reason to

16  believe that the abuse, neglect, or exploitation is

17  perpetrated by a second party, the appropriate criminal

18  justice agency and state attorney shall be orally notified in

19  order that such agencies may begin a criminal investigation

20  concurrent with the protective services investigation of the

21  department.  In an institutional investigation, the alleged

22  perpetrator may be represented by an attorney, at his or her

23  own expense, or accompanied by another person, if the person

24  or the attorney executes an affidavit of understanding with

25  the department and agrees to comply with the confidentiality

26  provisions of s. 415.107. The absence of an attorney or other

27  person does not prevent the department from proceeding with

28  other aspects of the investigation, including interviews with

29  other persons.  The department shall make a preliminary

30  written report to the criminal justice agencies within 5

31  working days after the oral report.  The department shall,

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  1  within 24 hours after receipt of the report, notify the

  2  appropriate human rights advocacy council committee, or

  3  long-term care ombudsman council, when appropriate, that an

  4  alleged abuse, neglect, or exploitation perpetrated by a

  5  second party has occurred.  Notice to the human rights

  6  advocacy council committee or long-term care ombudsman council

  7  may be accomplished orally or in writing and shall include the

  8  name and location of the aged person or disabled adult alleged

  9  to have been abused, neglected, or exploited and the nature of

10  the report.  For each report it receives, the department shall

11  perform an onsite investigation to:

12         (a)  Determine that the person is an aged person or

13  disabled adult as defined in s. 415.102.

14         (b)  Determine the composition of the family or

15  household, including the name, address, date of birth, social

16  security number, sex, and race of each aged person or disabled

17  adult named in the report; any others in the household or in

18  the care of the caregiver, or any other persons responsible

19  for the aged person's or disabled adult's welfare; and any

20  other adults in the same household.

21         (c)  Determine whether there is an indication that any

22  aged person or disabled adult is abused, neglected, or

23  exploited, including a determination of harm or threatened

24  harm to any aged person or disabled adult; the nature and

25  extent of present or prior injuries, abuse, or neglect, and

26  any evidence thereof; and a determination as to the person or

27  persons apparently responsible for the abuse, neglect, or

28  exploitation, including the name, address, date of birth,

29  social security number, sex, and race of each person to be

30  classified as an alleged perpetrator in a proposed confirmed

31  report.  An alleged perpetrator named in a proposed confirmed

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  1  report of abuse, neglect, or exploitation shall cooperate in

  2  the provision of the required data for the central abuse

  3  registry and tracking system to the fullest extent possible.

  4         (d)  Determine the immediate and long-term risk to each

  5  aged person or disabled adult through utilization of

  6  standardized risk assessment instruments.

  7         (e)  Determine the protective, treatment, and

  8  ameliorative services necessary to safeguard and ensure the

  9  aged person's or disabled adult's well-being and cause the

10  delivery of those services through the early intervention of

11  the departmental worker responsible for service provision and

12  management of identified services.

13         Section 17.  Paragraphs (a) and (i) of subsection (1)

14  of section 415.1055, Florida Statutes, are amended to read:

15         415.1055  Notification to administrative entities,

16  subjects, and reporters; notification to law enforcement and

17  state attorneys.--

18         (1)  NOTIFICATION TO ADMINISTRATIVE ENTITIES.--

19         (a)  The department shall, within 24 hours after

20  receipt of a report of abuse, neglect, or exploitation of a

21  disabled adult or an elderly person within a facility,

22  excluding Saturdays, Sundays, and legal holidays, notify the

23  appropriate human rights advocacy council committee and the

24  long-term care ombudsman council, in writing, that the

25  department has reasonable cause to believe that a disabled

26  adult or an elderly person has been abused, neglected, or

27  exploited at the facility.

28         (i)  At the conclusion of a protective investigation at

29  a facility, the department shall notify either the human

30  rights advocacy council committee or long-term care ombudsman

31

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  1  council of the results of the investigation.  This

  2  notification must be in writing.

  3         Section 18.  Subsection (2) of section 415.106, Florida

  4  Statutes, is amended to read:

  5         415.106  Cooperation by the department and criminal

  6  justice and other agencies.--

  7         (2)  To ensure coordination, communication, and

  8  cooperation with the investigation of abuse, neglect, or

  9  exploitation of disabled adults or elderly persons, the

10  department shall develop and maintain interprogram agreements

11  or operational procedures among appropriate departmental

12  programs and the State Long-Term Care Ombudsman Council, the

13  Statewide Human Rights Advocacy Council Committee, and other

14  agencies that provide services to disabled adults or elderly

15  persons. These agreements or procedures must cover such

16  subjects as the appropriate roles and responsibilities of the

17  department in identifying and responding to reports of abuse,

18  neglect, or exploitation of disabled adults or elderly

19  persons; the provision of services; and related coordinated

20  activities.

21         Section 19.  Paragraph (g) of subsection (2) of section

22  415.107, Florida Statutes, is amended to read:

23         415.107  Confidentiality of reports and records.--

24         (2)  Access to all records, excluding the name of the

25  reporter which shall be released only as provided in

26  subsection (6), shall be granted only to the following

27  persons, officials, and agencies:

28         (g)  Any appropriate official of the human rights

29  advocacy council committee or long-term care ombudsman council

30  investigating a report of known or suspected abuse, neglect,

31  or exploitation of a disabled adult or an elderly person.

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  1         Section 20.  Paragraph (a) of subsection (2) of section

  2  415.501, Florida Statutes, is amended to read:

  3         415.501  Prevention of abuse and neglect of children;

  4  state plan.--

  5         (2)  PLAN FOR COMPREHENSIVE APPROACH.--

  6         (a)  The Department of Children and Family Services

  7  shall develop a state plan for the prevention of abuse and

  8  neglect of children and shall submit the plan to the Speaker

  9  of the House of Representatives, the President of the Senate,

10  and the Governor no later than January 1, 1983. The Department

11  of Education and the Division of Children's Medical Services

12  of the Department of Health shall participate and fully

13  cooperate in the development of the state plan at both the

14  state and local levels. Furthermore, appropriate local

15  agencies and organizations shall be provided an opportunity to

16  participate in the development of the state plan at the local

17  level.  Appropriate local groups and organizations shall

18  include, but not be limited to, community mental health

19  centers; guardian ad litem programs for children under the

20  circuit court; the school boards of the local school

21  districts; the local district human rights advocacy councils

22  committees; private or public organizations or programs with

23  recognized expertise in working with children who are sexually

24  abused, physically abused, emotionally abused, or neglected

25  and with expertise in working with the families of such

26  children; private or public programs or organizations with

27  expertise in maternal and infant health care;

28  multidisciplinary child protection teams; child day care

29  centers; law enforcement agencies, and the circuit courts,

30  when guardian ad litem programs are not available in the local

31  area.  The state plan to be provided to the Legislature and

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  1  the Governor shall include, as a minimum, the information

  2  required of the various groups in paragraph (b).

  3         Section 21.  Paragraph (d) of subsection (2) of section

  4  415.505, Florida Statutes, is amended to read:

  5         415.505  Child protective investigations; institutional

  6  child abuse or neglect investigations.--

  7         (2)

  8         (d)  The department shall notify the human rights

  9  advocacy council committee in the appropriate district of the

10  department as to every report of institutional child abuse or

11  neglect in the district in which a client of the department is

12  alleged or shown to have been abused or neglected, which

13  notification shall be made within 48 hours of the time the

14  department commences its investigation.

15         Section 22.  Paragraph (k) of subsection (2) of section

16  415.51, Florida Statutes, is amended to read:

17         415.51  Confidentiality of reports and records in cases

18  of child abuse or neglect.--

19         (2)  Access to such records, excluding the name of the

20  reporter which shall be released only as provided in

21  subsection (9), shall be granted only to the following

22  persons, officials, and agencies:

23         (k)  Any appropriate official of the human rights

24  advocacy council committee investigating a report of known or

25  suspected child abuse, abandonment, or neglect, the Auditor

26  General for the purpose of conducting preliminary or

27  compliance reviews pursuant to s. 11.45, or the guardian ad

28  litem for the child as defined in s. 415.503.

29         Section 23.  This act shall take effect July 1 of the

30  year in which enacted.

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