CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 475

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  The Committee on Civil Justice & Claims offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  This act may be cited as the "Sexual Abuse

18  Intervention Networks Act."

19         Section 2.  Subsection (3) of section 985.04, Florida

20  Statutes, is amended to read:

21         985.04  Oaths; records; confidential information.--

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

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

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

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

26  of Juvenile Justice, the Parole Commission, the Juvenile

27  Justice Advisory Board, the Department of Corrections, the

28  district juvenile justice boards, any law enforcement agent,

29  or any licensed professional or licensed community agency

30  representative participating in the assessment or treatment of

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

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 475

    Amendment No. 1 (for drafter's use only)





 1  authorized personnel of the court, the Department of Juvenile

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

 3  Parole Commission, the Juvenile Justice Advisory Board, law

 4  enforcement agents, school superintendents and their

 5  designees, any licensed professional or licensed community

 6  agency representative participating in the assessment or

 7  treatment of a juvenile, and others entitled under this

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

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

10  the district school superintendent, and the department shall

11  enter into an interagency agreement for the purpose of sharing

12  information about juvenile offenders among all parties. The

13  agreement must specify the conditions under which summary

14  criminal history information is to be made available to

15  appropriate school personnel, and the conditions under which

16  school records are to be made available to appropriate

17  department personnel. Such agreement shall require

18  notification to any classroom teacher of assignment to the

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

20  community control or commitment program for a felony offense.

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

22  943.0525, and must maintain the confidentiality of information

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

24  law.

25         (b)  The department shall disclose to the school

26  superintendent the presence of any child in the care and

27  custody of the department or under the jurisdiction or

28  supervision of the department who has a known history of

29  sexual behavior with other children, who is an alleged

30  juvenile sexual offender as defined in s. 415.50165(7), or who

31  has entered a plea of guilty or nolo contendere to, or has

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 475

    Amendment No. 1 (for drafter's use only)





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

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

 3  regardless of adjudication. Any employee of a district school

 4  board who knowingly and willfully discloses such information

 5  to an unauthorized person commits a misdemeanor of the second

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

 7         Section 3.  Subsection (9) of section 985.308, Florida

 8  Statutes, is amended, subsection (11) of said section is

 9  renumbered as subsection (15), and new subsections (11)

10  through (14) are added to said section to read:

11         985.308  Juvenile sexual offender commitment programs;

12  Sexual Abuse Intervention Networks.--

13         (9)  The department is required to conduct inspections

14  of and quality assurance activities for each juvenile sexual

15  offender program operated by or under contract to the

16  department based on standards specifically developed for these

17  types of programs to determine whether the program complies

18  with department rules for continued operation of the program.

19         (10)  The department shall maintain records and other

20  information necessary to evaluate the effectiveness of each

21  juvenile sexual offender program and other outcome evaluation

22  requirements.

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

24  any judicial circuit may establish a Sexual Abuse Intervention

25  Network for the purposes of identifying, investigating,

26  prosecuting, treating, and preventing sexual abuse with

27  special emphasis on juvenile sexual offenders and victims of

28  sexual abuse.

29         (12)  Membership of a Sexual Abuse Intervention Network

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

31         (a)  Local law enforcement agencies;

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 475

    Amendment No. 1 (for drafter's use only)





 1         (b)  Local school boards;

 2         (c)  Child protective investigators;

 3         (d)  The Office of the State Attorney;

 4         (e)  The Office of the Public Defender;

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

 6         (g)  Professionals licensed under ch. 458, ch. 459, s.

 7  490.0145 or s. 491.0144 providing treatment for juvenile

 8  sexual offenders or their victims;

 9         (h)  The guardian ad litem program;

10         (i)  The Department of Juvenile Justice; and

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

12         (13)  Each Sexual Abuse Intervention Network shall

13  develop a cooperative working agreement describing the roles

14  and responsibilities of all members towards the

15  identification, investigation, prosecution, treatment, and

16  reintegration of juvenile sexual offenders and the treatment

17  of their victims and collaborate on grant applications and

18  disbursements.

19         (14)  Subject to specific appropriation, availability

20  of funds, or receipt of appropriate grant funding, the Office

21  of the Attorney General, the Department of Children and Family

22  Services, the Department of Juvenile Justice, or local

23  Juvenile Justice Councils shall award grants to Sexual Abuse

24  Intervention Networks applying for them.  Such grants may be

25  used for training, treatment, aftercare, evaluation, public

26  awareness, and other specified community needs as identified

27  by the network.  Grants shall be awarded based on the

28  applicant's level of local funding match, level of

29  collaboration, number of juvenile sexual offenders and victims

30  served, and level of unmet need.  The Office of the Attorney

31  General, in collaboration with the Department of Juvenile

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 475

    Amendment No. 1 (for drafter's use only)





 1  Justice and the Department of Children and Family Services,

 2  shall establish minimum standards for residential and day

 3  treatment juvenile sexual offender programs funded under this

 4  subsection by their respective departments.

 5         (15)(11)  The department is authorized to establish

 6  rules and other policy directives necessary to implement the

 7  provisions of this section.

 8         Section 4.  Subsections (3), (4), (5), (6), and (7) of

 9  section 490.012, Florida Statutes, are renumbered as

10  subsections (4), (5), (6), (7), and (8), respectively, and a

11  new subsection (3) is added to said section to read:

12         490.012  Violations; penalties; injunction.--

13         (2)(a)  A licensed psychologist shall conspicuously

14  display the valid, active license issued by the department or

15  a true copy thereof at each location at which the licensee

16  practices his or her profession.

17         (b)  A licensed psychologist shall include the words

18  "licensed psychologist" on all professional advertisements,

19  including, but not limited to, advertisements in any

20  newspaper, magazine, other print medium, airwave or broadcast

21  transmission, or phone directory listing purchased by or on

22  behalf of a person licensed according to this chapter.

23         (3)  Beginning October 1, 2000, no person shall

24  practice juvenile sexual offender therapy in this state, as

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

26  unless the person holds an active license pursuant to this

27  chapter and has met the requirements to practice juvenile

28  sexual offender therapy or the person works for a program

29  operated by or contracted to the Department of Juvenile

30  Justice or the Department of Children and Family Services that

31  has a professional licensed under CH 458, CH 459, s. 490.0145

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 475

    Amendment No. 1 (for drafter's use only)





 1  or s. 491.0144 managing or supervising the treatment services.

 2         (4)(3)(a)  A person provisionally licensed under this

 3  chapter as a provisional psychologist licensee shall

 4  conspicuously display the valid provisional license issued by

 5  the department or a true copy thereof at each location at

 6  which the provisional licensee is providing services.

 7         (b)  A provisional psychologist licensee shall include

 8  the words "provisional psychologist licensee" on all

 9  promotional materials, including cards, brochures, stationery,

10  advertisements, and signs, naming the provisional licensee.

11         (5)(4)  Any person who violates any provision of this

12  section, except for subsections (2) and (4) (3), commits a

13  misdemeanor of the first degree, punishable as provided in s.

14  775.082 or s. 775.083.  Any person who violates any provision

15  of subsection (2) or subsection (4) (3) is subject to

16  disciplinary action under s. 490.009.

17         (6)(5)  The department may institute appropriate

18  proceedings to enjoin violation of subsection (1).

19         (7)(6)  No person shall practice psychology in this

20  state, as such practice is defined in s. 490.003(4), for

21  compensation, unless such person holds an active, valid

22  license to practice psychology issued pursuant to this

23  chapter.  Nothing in this subsection shall be construed to

24  limit the practice of school psychology, as such practice is

25  defined in s. 490.003(5).

26         (8)(7)  No person shall practice school psychology in

27  this state, as such practice is defined in s. 490.003(5), for

28  compensation, unless such person holds an active, valid

29  license to practice school psychology issued pursuant to this

30  chapter.

31         Section 5.  Section 490.0145, Florida Statutes, is

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 475

    Amendment No. 1 (for drafter's use only)





 1  created to read:

 2         490.0145  The practice of juvenile sexual offender

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

 4  qualifications set by the board may hold himself or herself

 5  out as a juvenile sexual offender therapist, except as

 6  provided in s. 491.0144.  These qualifications shall be

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

 8  coursework in the specific areas of juvenile sexual offender

 9  behaviors, treatments, and related issues.  In establishing

10  these qualifications, the board may refer to the sexual

11  disorder and dysfunction sections of the most current edition

12  of the Diagnostic and Statistical Manual of the American

13  Psychiatric Association, Association for the Treatment of

14  Sexual Abusers practioner's handbook or other relevant

15  publications.

16         Section 6.  Paragraph (d) of subsection (1) of section

17  491.012, Florida Statutes, is amended and paragraph (n) is

18  added to said subsection, to read:

19         491.012  Violations; penalty; injunction.--

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

21  any person to:

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

23  or juvenile sexual offender therapist unless such person is

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

25  certified under s. 464.012 as an advanced registered nurse

26  practitioner who has been determined by the Board of Nursing

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

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

29  education, training, and licensure.

30         (n)  Beginning October 1, 2000, practice juvenile

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

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 475

    Amendment No. 1 (for drafter's use only)





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

 2  holds an active license pursuant to this chapter, and has met

 3  the requirements to practice juvenile sexual offender therapy

 4  or the person works for a program operated by or contracted to

 5  the Department of Juvenile Justice or the Department of

 6  Children and Family Services that has a professional licensed

 7  under ch. 458, ch. 459, s. 490.0145 or s. 491.0144 managing or

 8  supervising the treatment services.

 9         (3)  Any person who violates any provision of

10  subsection (1) or subsection (2) commits a misdemeanor of the

11  first degree, punishable as provided in s. 775.082 or s.

12  775.083.

13         (4)  The department may institute appropriate judicial

14  proceedings to enjoin violation of this section.

15         Section 7.  Section 491.0144, Florida Statutes, is

16  created to read:

17         491.0144  The practice of juvenile sexual offender

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

19  qualifications set by the board may hold himself or herself

20  out as a juvenile sexual offender therapist, except as

21  provided in s. 490.0145.  These qualifications shall be

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

23  coursework in the specific areas of juvenile sexual offender

24  behaviors, treatments, and related issues.  In establishing

25  these qualifications, the board may refer to the sexual

26  disorder and dysfunction sections of the most current edition

27  of the Diagnostic and Statistical Manual of the American

28  Psychiatric Association, the ATSA association handbook or

29  other relevant publications.

30         Section 8.  Section 943.17291, Florida Statutes, is

31  created to read:

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 475

    Amendment No. 1 (for drafter's use only)





 1         943.17291  Basic skills training in juvenile sexual

 2  offender investigation.--The commission shall incorporate

 3  juvenile sexual offender investigation instruction into the

 4  course curriculum required for a law enforcement officer to

 5  obtain initial certification.

 6         Section 9.  Section 943.17295, Florida Statutes, is

 7  created to read:

 8         943.17295  Continued employment training relating to

 9  juvenile sexual offender investigation.--The commission shall

10  incorporate the subject of sexual abuse and assault

11  investigation, with an emphasis on cases involving child

12  victims or juvenile offenders, into the curriculum required

13  for continuous employment or appointment as a law enforcement

14  officer.

15         Section 10.  Except as otherwise provided herein, this

16  act shall take effect June 30 of the year in which enacted.

17

18

19  ================ T I T L E   A M E N D M E N T ===============

20  And the title is amended as follows:

21  remove from the title of the bill:  the entire title

22

23  and insert in lieu thereof:

24                  A bill to be entitled

25         An act relating to juvenile sexual offenders;

26         creating the "Sexual Abuse Intervention

27         Networks Act"; amending s. 985.04, F.S.;

28         requiring the Department of Juvenile Justice to

29         notify the school superintendent of certain

30         children who have known histories of sexual

31         behavior with other children, who are alleged

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 475

    Amendment No. 1 (for drafter's use only)





 1         juvenile sexual offenders, or who have

 2         committed specified offenses; providing that it

 3         is a second degree misdemeanor for a school

 4         district employee to disclose such information

 5         to an unauthorized person; providing penalties;

 6         amending s. 985.308, F.S.; requiring the

 7         Department of Juvenile Justice to conduct

 8         inspections of offender commitment programs

 9         operated by or under contract to the department

10         based on standards developed for these types of

11         programs; authorizing the state attorney in any

12         circuit to establish a sexual abuse

13         intervention network; providing for membership

14         and prescribing duties of such network;

15         requiring the Office of the Attorney General,

16         the Department of Children and Family Services,

17         or the Department of Juvenile Justice to award

18         grants to a sexual abuse intervention network

19         under certain circumstances; prescribing

20         criteria and purposes for grant awards;

21         requiring the Office of the Attorney General,

22         in collaboration with the Department of

23         Juvenile Justice and the Department of Children

24         and Family Services, to establish minimum

25         standards for juvenile sex offender day

26         treatment and residential treatment programs

27         funded pursuant to specified provisions;

28         providing for implementation; amending s.

29         490.012, F.S., relating to violations,

30         penalties, and injunction; defining the offense

31         of unlicensed practice of "juvenile sexual

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 475

    Amendment No. 1 (for drafter's use only)





 1         offender therapy" for compensation, and

 2         providing penalties therefor; providing for

 3         injunctive relief; conforming cross references;

 4         creating s. 490.0145, F.S.; providing that only

 5         certain persons licensed under ch. 490, F.S.,

 6         relating to psychological services, or ch. 491,

 7         F.S., relating to clinical, counseling, and

 8         psychotherapy services, may hold themselves out

 9         as juvenile sexual offender therapists;

10         providing for qualifications for licensure

11         under ch. 490, F.S., as a juvenile sexual

12         offender therapist; amending s. 491.012, F.S.;

13         defining the offense of unlawful use of the

14         term "juvenile sexual offender therapist," and

15         providing penalties therefor; defining the

16         offense of unlicensed practice of "juvenile

17         sexual offender therapy" for compensation, and

18         providing penalties therefor; providing for

19         injunctive relief; creating s. 491.0144, F.S.;

20         providing for qualifications for licensure of a

21         juvenile sexual offender therapist under ch.

22         491, F.S., relating to clinical, counseling,

23         and psychotherapy services; creating s.

24         943.17291, F.S.; requiring the Criminal Justice

25         Standards and Training Commission to

26         incorporate certain instruction into certain

27         law enforcement officer course curriculum;

28         creating s. 943.17295, F.S.; requiring the

29         commission to incorporate certain subjects into

30         certain law enforcement officer continuous

31         employment or appointment curricula; providing

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 475

    Amendment No. 1 (for drafter's use only)





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