CODING: Words stricken are deletions; words underlined are additions.House Bill 0475
Florida House of Representatives - 1997 HB 475
By Representative Brown
1 A bill to be entitled
2 An act relating to juvenile sexual offenders;
3 amending s. 39.0571, F.S.; requiring the
4 Department of Juvenile Justice to establish a
5 certification process for juvenile sexual
6 offender commitment programs; prohibiting
7 uncertified programs from holding themselves
8 out as juvenile sex offender day treatment or
9 residential treatment programs as of January 1,
10 1999; amending s. 212.02, F.S.; revising the
11 definition of "admissions" to include
12 admissions to establishments that offer,
13 advertise, or engage in adult entertainment
14 services, for purposes of imposition of tax
15 thereon; amending s. 212.05, F.S.; providing
16 for imposition of sales tax on charges for
17 personal escort services; amending s. 212.20,
18 F.S.; providing for deposit of the proceeds of
19 said taxes in the Grants and Donations Trust
20 Fund under the Department of Juvenile Justice
21 to fund grants under the Sexual Abuse
22 Intervention Network; amending s. 490.012,
23 F.S., relating to violations, penalties, and
24 injunction; defining the offense of unlicensed
25 practice of "juvenile sexual offender therapy"
26 for compensation, and providing penalties
27 therefor; providing for injunctive relief;
28 creating s. 490.0145, F.S.; providing that only
29 persons licensed under ch. 490, F.S., relating
30 to psychological services, or ch. 491, F.S.,
31 relating to clinical, counseling, and
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1 psychotherapy services, may hold themselves out
2 as juvenile sexual offender therapists;
3 prescribing qualifications for licensure under
4 ch. 490, F.S., as a juvenile sexual offender
5 therapist; providing for adoption of rules by
6 the Board of Psychology relating to such
7 qualifications; amending s. 491.003, F.S.;
8 redefining "practice of clinical social work,"
9 "practice of marriage and family therapy," and
10 "practice of mental health counseling" with
11 respect to ch. 491, F.S., to include juvenile
12 sexual offender therapy; reenacting s.
13 491.012(1)(i)-(k), F.S., relating to violations
14 and penalties, and s. 491.014(7), F.S.,
15 relating to exemptions, to incorporate said
16 amendment in references; amending s. 491.012,
17 F.S.; defining the offenses of unlawful use of
18 the term "juvenile sexual offender therapist,"
19 and providing penalties therefor; defining the
20 offense of unlicensed practice of "juvenile
21 sexual offender therapy" for compensation, and
22 providing penalties therefor; defining the
23 offense of unlawful description of services
24 using the term, or derivative thereof,
25 "juvenile sexual offender therapy," and
26 providing penalties therefor; providing for
27 injunctive relief with respect to such
28 offenses; creating s. 491.0144, F.S.;
29 prescribing qualifications for licensure of a
30 juvenile sexual offender therapist under ch.
31 491, F.S.; providing for adoption of rules with
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1 respect to such licensure by the Board of
2 Clinical Social Work, Marriage and Family
3 Therapy, and Mental Health Counseling; creating
4 s. 943.17291, F.S.; requiring the Criminal
5 Justice Standards and Training Commission to
6 incorporate certain instruction into certain
7 law enforcement officer course curriculum;
8 creating s. 943.17295, F.S.; requiring the
9 commission to incorporate certain subjects into
10 certain law enforcement officer continuous
11 employment or appointment curricula; creating
12 s. 39.0251, F.S.; requiring the department to
13 establish the Sexual Abuse Intervention
14 Network; providing for use of the proceeds of
15 the tax on admissions to establishments
16 offering, advertising, or engaging in adult
17 entertainment services and of the tax on
18 personal escort services to fund grants under
19 the network; delineating procedures for grant
20 awards; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Subsection (9) of section 39.0571, Florida
25 Statutes, is amended, subsections (10) and (11) of said
26 section are renumbered as subsections (11) and (12),
27 respectively, and a new subsection (10) is added to said
28 section, to read:
29 39.0571 Juvenile sexual offender commitment
30 programs.--
31
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1 (9) The department is required to conduct inspections
2 of and quality assurance activities for each juvenile sexual
3 offender program based on standards specifically developed for
4 these types of programs to determine whether the program
5 complies with department rules for continued operation of the
6 program.
7 (10) The department shall establish a certification
8 process to certify as juvenile sexual offender programs all
9 residential and day-treatment sexual offender programs that
10 meet the standards and requirements established by the
11 department. No program shall hold itself out as a juvenile sex
12 offender day treatment or residential treatment program that
13 is not certified as of January 1, 1999, under this subsection.
14 At a minimum, a certified program must have a professional
15 certified under s. 490.0145 or s. 491.0144 or a psychiatrist
16 licensed under chapter 458 managing and supervising the
17 treatment services. Any individual who provides juvenile sex
18 offender therapy must be certified pursuant to s. 490.0145 or
19 s. 491.0144 or work within a certified juvenile sex offender
20 treatment program.
21 (11)(10) The department shall maintain records and
22 other information necessary to evaluate the effectiveness of
23 each juvenile sexual offender program and other outcome
24 evaluation requirements.
25 (12)(11) The department is authorized to establish
26 rules and other policy directives necessary to implement the
27 provisions of this section.
28 Section 2. Subsection (1) of section 212.02, Florida
29 Statutes, 1996 Supplement, is amended, and subsection (27) is
30 added to said section, to read:
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1 212.02 Definitions.--The following terms and phrases
2 when used in this chapter have the meanings ascribed to them
3 in this section, except where the context clearly indicates a
4 different meaning:
5 (1) The term "admissions" means and includes the net
6 sum of money after deduction of any federal taxes for
7 admitting a person or vehicle or persons to any place of
8 amusement, sport, or recreation or for the privilege of
9 entering or staying in any place of amusement, sport, or
10 recreation, including, but not limited to, theaters, outdoor
11 theaters, shows, exhibitions, games, races, establishments
12 offering, advertising, or engaged in adult entertainment
13 services, or any place where charge is made by way of sale of
14 tickets, gate charges, seat charges, box charges, season pass
15 charges, cover charges, greens fees, participation fees,
16 entrance fees, or other fees or receipts of anything of value
17 measured on an admission or entrance or length of stay or seat
18 box accommodations in any place where there is any exhibition,
19 amusement, sport, or recreation, and all dues and fees paid to
20 private clubs and membership clubs providing recreational or
21 physical fitness facilities, including, but not limited to,
22 golf, tennis, swimming, yachting, boating, athletic, exercise,
23 and fitness facilities, except physical fitness facilities
24 owned or operated by any hospital licensed under chapter 395.
25 (27) "Adult entertainment services" includes lingerie
26 modeling, bikini modeling, body shampoos, body scrubs, private
27 shower shows, peep shows, nude, seminude, or topless dancing,
28 nude, seminude, or topless waitressing, lap dancing, friction
29 dancing, couch dancing, table dancing, erotic massage, erotic
30 performance, nude modeling, nude photo sessions, and personal
31 escort services.
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1 Section 3. Paragraph (k) of subsection (1) of section
2 212.05, Florida Statutes, 1996 Supplement, is amended to read:
3 212.05 Sales, storage, use tax.--It is hereby declared
4 to be the legislative intent that every person is exercising a
5 taxable privilege who engages in the business of selling
6 tangible personal property at retail in this state, including
7 the business of making mail order sales, or who rents or
8 furnishes any of the things or services taxable under this
9 chapter, or who stores for use or consumption in this state
10 any item or article of tangible personal property as defined
11 herein and who leases or rents such property within the state.
12 (1) For the exercise of such privilege, a tax is
13 levied on each taxable transaction or incident, which tax is
14 due and payable as follows:
15 (k)1. At the rate of 6 percent on charges for all:
16 a. Detective, burglar protection, and other protection
17 services (SIC Industry Numbers 7381 and 7382). Any law
18 enforcement officer, as defined in s. 943.10, who is
19 performing approved duties as determined by his or her local
20 law enforcement agency in his or her capacity as a law
21 enforcement officer, and who is subject to the direct and
22 immediate command of his or her law enforcement agency, and in
23 the law enforcement officer's uniform as authorized by his or
24 her law enforcement agency, is performing law enforcement and
25 public safety services and is not performing detective,
26 burglar protection, or other protective services, if the law
27 enforcement officer is performing his or her approved duties
28 in a geographical area in which the law enforcement officer
29 has arrest jurisdiction. Such law enforcement and public
30 safety services are not subject to tax irrespective of whether
31 the duty is characterized as "extra duty," "off-duty," or
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1 "secondary employment," and irrespective of whether the
2 officer is paid directly or through the officer's agency by an
3 outside source. The term "law enforcement officer" includes
4 full-time or part-time law enforcement officers, and any
5 auxiliary law enforcement officer, when such auxiliary law
6 enforcement officer is working under the direct supervision of
7 a full-time or part-time law enforcement officer.
8 b. Nonresidential cleaning and nonresidential pest
9 control services (SIC Industry Group Number 734).
10 c. Personal escort services, except those subject to
11 tax as an admission under s. 212.04.
12 2. As used in this paragraph, "SIC" means those
13 classifications contained in the Standard Industrial
14 Classification Manual, 1987, as published by the Office of
15 Management and Budget, Executive Office of the President.
16 3. Charges for detective, burglar protection, and
17 other protection security services performed in this state but
18 used outside this state are exempt from taxation. Charges for
19 detective, burglar protection, and other protection security
20 services performed outside this state and used in this state
21 are subject to tax.
22 4. If a transaction involves both the sale or use of a
23 service taxable under this paragraph and the sale or use of a
24 service or any other item not taxable under this part, the
25 consideration paid must be separately identified and stated
26 with respect to the taxable and exempt portions of the
27 transaction or the entire transaction shall be presumed
28 taxable. The burden shall be on the seller of the service or
29 the purchaser of the service, whichever applicable, to
30 overcome this presumption by providing documentary evidence as
31 to which portion of the transaction is exempt from tax. The
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1 department is authorized to adjust the amount of consideration
2 identified as the taxable and exempt portions of the
3 transaction; however, a determination that the taxable and
4 exempt portions are inaccurately stated and that the
5 adjustment is applicable must be supported by substantial
6 competent evidence.
7 5. Each seller of services subject to sales tax
8 pursuant to this paragraph shall maintain a monthly log
9 showing each transaction for which sales tax was not collected
10 because the services meet the requirements of subparagraph 3.
11 for out-of-state use. The log must identify the purchaser's
12 name, location and mailing address, and federal employer
13 identification number, if a business, or the social security
14 number, if an individual, the service sold, the price of the
15 service, the date of sale, the reason for the exemption, and
16 the sales invoice number. The monthly log shall be maintained
17 pursuant to the same requirements and subject to the same
18 penalties imposed for the keeping of similar records pursuant
19 to this chapter.
20 Section 4. Paragraph (f) of subsection (6) of section
21 212.20, Florida Statutes, 1996 Supplement, is redesignated as
22 paragraph (g), and a new paragraph (f) is added to said
23 subsection to read:
24 212.20 Funds collected, disposition; additional powers
25 of department; operational expense; refund of taxes
26 adjudicated unconstitutionally collected.--
27 (6) Distribution of all proceeds under this part shall
28 be as follows:
29 (f) The proceeds of the tax on admissions to
30 establishments offering, advertising, or engaging in adult
31 entertainment services imposed by ss. 212.02(1) and 212.04 and
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1 the proceeds of the tax on personal escort services imposed by
2 s. 212.05(1)(k)1.c. shall be reallocated to the Grants and
3 Donations Trust Fund under the Department of Juvenile Justice
4 and deposited into the Sexual Abuse Intervention Network
5 account for the purpose of awarding grants to programs under
6 the Sexual Abuse Intervention Network.
7 Section 5. Subsections (3), (4), (5), and (6) of
8 section 490.012, Florida Statutes, are renumbered as
9 subsections (4), (5), (6), and (7), respectively, and a new
10 subsection (3) is added to said section to read:
11 490.012 Violations, penalties, injunction.--
12 (3) Beginning October 1, 1999, no person shall
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 pursuant to this
16 chapter, and has met the requirements to practice juvenile
17 sexual offender therapy.
18 (4)(3) Any person who violates any provision of this
19 section commits a misdemeanor of the first degree, punishable
20 as provided in s. 775.082 or s. 775.083.
21 (5)(4) The department may institute appropriate
22 proceedings to enjoin violation of subsection (1).
23 (6)(5) Beginning October 1, 1992, no person shall
24 practice psychology in this state, as such practice is defined
25 in s. 490.003(4), for compensation, unless such person holds
26 an active valid license to practice psychology issued pursuant
27 to this chapter. Nothing in this subsection shall be
28 construed to limit the practice of school psychology, as such
29 practice is defined in s. 490.003(6).
30 (7)(6) Beginning October 1, 1992, no person shall
31 practice school psychology in this state, as such practice is
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1 defined in s. 490.003(6), for compensation, unless such person
2 holds an active valid license to practice school psychology
3 issued pursuant to this chapter.
4 Section 6. Section 490.0145, Florida Statutes, is
5 created to read:
6 490.0145 Juvenile sexual offender therapy.--Only a
7 person licensed by this chapter who meets the qualifications
8 set by the board may hold themselves out as a juvenile sexual
9 offender therapist, except as provided in s. 491.0144. These
10 qualifications shall include 500 hours of direct service
11 experience, with a minimum of 200 hours of therapy and 75
12 hours of assessment as part of these 500 hours; 50 hours of
13 specific training or coursework; and 20 hours of continuing
14 education units biennially. The training and coursework may
15 include, but not be limited to, the areas of: juvenile sexual
16 arousal patterns, deviate fantasizing, denial and
17 minimization, sexual abuse thinking errors, sexual
18 development, compulsivity management, victim empathy,
19 biomedical approaches, juvenile sexual abuse family dynamics
20 and interventions, juvenile sexual abuse group counseling
21 techniques, and arousal control. The board may further define
22 these qualifications by rule. In establishing these
23 qualifications, the board may refer to the sexual disorder and
24 dysfunction sections of the most current edition of the
25 Diagnostic and Statistical Manual of the American Psychiatric
26 Association or other relevant publications.
27 Section 7. Subsections (7), (8), and (9) of section
28 491.003, Florida Statutes, are amended to read:
29 491.003 Definitions.--As used in this chapter:
30 (7) The "practice of clinical social work" is defined
31 as the use of scientific and applied knowledge, theories, and
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1 methods for the purpose of describing, preventing, evaluating,
2 and treating individual, couple, marital, family, or group
3 behavior, based on the person-in-situation perspective of
4 psychosocial development, normal and abnormal behavior,
5 psychopathology, unconscious motivation, interpersonal
6 relationships, environmental stress, differential assessment,
7 differential planning, and data gathering. The purpose of
8 such services is the prevention and treatment of undesired
9 behavior and enhancement of mental health. Such practice
10 includes the use of methods of a psychological nature to
11 evaluate, assess, diagnose, treat, and prevent emotional and
12 mental disorders and dysfunctions, whether cognitive,
13 affective, or behavioral; sexual dysfunction; behavioral
14 disorders; alcoholism; and substance abuse. Such practice
15 includes, but is not limited to, psychotherapy, hypnotherapy,
16 juvenile sexual offender therapy, and sex therapy. Such
17 practice also includes counseling, behavior modification,
18 consultation, client-centered advocacy, crisis intervention,
19 and providing needed information and education to clients,
20 only when used in the context of this subsection. The practice
21 of clinical social work may also include clinical research
22 into more effective psychotherapeutic modalities for the
23 treatment and prevention of such conditions.
24 (a) Clinical social work treatment includes, but is
25 not limited to:
26 1. Counseling.
27 2. Psychotherapy.
28 3. Behavior modification.
29 4. Hypnotherapy.
30 5. Sex therapy.
31 6. Consultation.
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1 7. Client-centered advocacy.
2 8. Crisis intervention.
3 9. Providing needed information and education to
4 clients.
5 (a)(b) Clinical social work may be rendered to
6 individuals, including individuals affected by the termination
7 of marriage, and to marriages, couples, families, groups,
8 organizations, and communities.
9 (b)(c) The use of specific methods, techniques, or
10 modalities within the practice of clinical social work is
11 restricted to clinical social workers appropriately trained in
12 the use of such methods, techniques, or modalities.
13 (c)(d) The terms "diagnose" and "treat," as used in
14 this chapter, when considered in isolation or in conjunction
15 with any provision of the rules of the board, shall not be
16 construed to permit the performance of any act which clinical
17 social workers are not educated and trained to perform,
18 including, but not limited to, admitting persons to hospitals
19 for treatment of the foregoing conditions, treating persons in
20 hospitals without medical supervision, prescribing medicinal
21 drugs as defined in chapter 465, authorizing clinical
22 laboratory procedures pursuant to chapter 483, or radiological
23 procedures, or use of electroconvulsive therapy. In addition,
24 this definition shall not be construed to permit any person
25 licensed pursuant to this chapter to describe or label any
26 test, report, or procedure as "psychological," except to
27 relate specifically to the definition of practice authorized
28 in this subsection.
29 (d)(e) The definition of "clinical social work"
30 contained in this subsection includes all services offered
31 directly to the general public or through organizations,
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1 whether public or private, and applies whether payment is
2 requested or received for services rendered.
3 (8) The "practice of marriage and family therapy" is
4 defined as the use of scientific and applied marriage and
5 family theories, methods, and procedures for the purpose of
6 describing, evaluating, and modifying marital, family, and
7 individual behavior, within the context of marital and family
8 systems, including the context of marital formation and
9 dissolution, and is based on marriage and family systems
10 theory, marriage and family development, human development,
11 normal and abnormal behavior, psychopathology, human
12 sexuality, psychotherapeutic and marriage and family therapy
13 theories and techniques. Such practice includes the use of
14 methods of a psychological nature to evaluate, assess,
15 diagnose, treat, and prevent emotional and mental disorders or
16 dysfunctions, whether cognitive, affective, or behavioral;
17 sexual dysfunction; behavioral disorders; alcoholism; and
18 substance abuse. Such practice includes, but is not limited
19 to, marriage and family therapy, psychotherapy, including
20 behavioral family therapy, hypnotherapy, juvenile sexual
21 offender therapy, and sex therapy. Such practice also
22 includes counseling, behavior modification, consultation,
23 client advocacy, crisis intervention, and providing needed
24 information and education to clients, only when used in the
25 context of this subsection. The practice of marriage and
26 family therapy may also include clinical research into more
27 effective psychotherapeutic modalities for the treatment and
28 prevention of such conditions.
29 (a) Marriage and family therapy treatment includes,
30 but is not limited to:
31 1. Marriage and family therapy.
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1 2. Counseling.
2 3. Psychotherapy, including behavioral family therapy.
3 4. Behavior modification.
4 5. Hypnotherapy.
5 6. Sex therapy.
6 7. Consultation.
7 8. Client advocacy.
8 9. Crisis intervention.
9 10. Providing needed information and education to
10 clients.
11 (a)(b) Marriage and family therapy may be rendered to
12 individuals, including individuals affected by termination of
13 marriage, to couples, whether married or unmarried, to
14 families, or to groups.
15 (b)(c) The use of specific methods, techniques, or
16 modalities within the practice of marriage and family therapy
17 is restricted to marriage and family therapists appropriately
18 trained in the use of such methods, techniques, or modalities.
19 (c)(d) The terms "diagnose" and "treat," as used in
20 this chapter, when considered in isolation or in conjunction
21 with any provision of the rules of the board, shall not be
22 construed to permit the performance of any act which marriage
23 and family therapists are not educated and trained to perform,
24 including, but not limited to, admitting persons to hospitals
25 for treatment of the foregoing conditions, treating persons in
26 hospitals without medical supervision, prescribing medicinal
27 drugs as defined in chapter 465, authorizing clinical
28 laboratory procedures pursuant to chapter 483, or radiological
29 procedures, or use of electroconvulsive therapy. In addition,
30 this definition shall not be construed to permit any person
31 licensed pursuant to this chapter to describe or label any
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1 test, report, or procedure as "psychological," except to
2 relate specifically to the definition of practice authorized
3 in this subsection.
4 (d)(e) The definition of "marriage and family therapy"
5 contained in paragraphs (a)-(d) includes all services offered
6 directly to the general public or through organizations,
7 whether public or private, and applies whether payment is
8 requested or received for services rendered.
9 (9) The "practice of mental health counseling" is
10 defined as the use of scientific and applied behavioral
11 science theories, methods, and techniques for the purpose of
12 describing, preventing, and treating undesired behavior and
13 enhancing mental health and human development. Such practice
14 includes the use of methods of a psychological nature to
15 evaluate, assess, diagnose, and treat emotional and mental
16 dysfunctions or disorders, whether cognitive, affective, or
17 behavioral; behavioral disorders; interpersonal relationships;
18 sexual dysfunction; alcoholism; and substance abuse. Such
19 practice includes, but is not limited to, psychotherapy,
20 hypnotherapy, juvenile sexual offender therapy, and sex
21 therapy. Such practice also includes counseling, behavior
22 modification, consultation, client advocacy, crisis
23 intervention, and providing needed information and education
24 to clients, only when used in the context of this subsection.
25 The practice of mental health counseling may also include
26 clinical research into more effective psychotherapeutic
27 modalities for the treatment and prevention of such
28 conditions.
29 (a) Mental health counseling treatment includes, but
30 is not limited to:
31 1. Counseling.
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1 2. Psychotherapy.
2 3. Behavior modification.
3 4. Hypnotherapy.
4 5. Sex therapy.
5 6. Consultation.
6 7. Client advocacy.
7 8. Crisis intervention.
8 9. Providing needed information and education to
9 clients.
10 (a)(b) Mental health counseling may be rendered to
11 individuals, including individuals affected by the termination
12 of marriage, and to couples, families, groups, organizations,
13 and communities.
14 (b)(c) The use of specific methods, techniques, or
15 modalities within the practice of mental health counseling is
16 restricted to mental health counselors appropriately trained
17 in the use of such methods, techniques, or modalities.
18 (c)(d) The terms "diagnose" and "treat," as used in
19 this chapter, when considered in isolation or in conjunction
20 with any provision of the rules of the board, shall not be
21 construed to permit the performance of any act which mental
22 health counselors are not educated and trained to perform,
23 including, but not limited to, admitting persons to hospitals
24 for treatment of the foregoing conditions, treating persons in
25 hospitals without medical supervision, prescribing medicinal
26 drugs as defined in chapter 465, authorizing clinical
27 laboratory procedures pursuant to chapter 483, or radiological
28 procedures, or use of electroconvulsive therapy. In addition,
29 this definition shall not be construed to permit any person
30 licensed pursuant to this chapter to describe or label any
31 test, report, or procedure as "psychological," except to
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1 relate specifically to the definition of practice authorized
2 in this subsection.
3 Section 8. For the purpose of incorporating the
4 amendment to s. 491.003, Florida Statutes, in references
5 thereto, the sections or subdivisions of Florida Statutes set
6 forth below are reenacted to read:
7 491.012 Violations; penalty; injunction.--
8 (1) It is unlawful and a violation of this chapter for
9 any person to:
10 (i) Beginning October 1, 1992, practice clinical
11 social work in this state, as the practice is defined in s.
12 491.003(7), for compensation, unless the person holds an
13 active license to practice clinical social work issued
14 pursuant to this chapter.
15 (j) Beginning October 1, 1992, practice marriage and
16 family therapy in this state, as the practice is defined in s.
17 491.003(8), for compensation, unless the person holds an
18 active license to practice marriage and family therapy issued
19 pursuant to this chapter.
20 (k) Beginning October 1, 1992, practice mental health
21 counseling in this state, as the practice is defined in s.
22 491.003(9), for compensation, unless the person holds an
23 active license to practice mental health counseling issued
24 pursuant to this chapter.
25 491.014 Exemptions.--
26 (7) Any person who is not licensed under this chapter
27 by October 1, 1992, and who desires to become so licensed
28 shall register with the department that person's intent to
29 become fully licensed no later than October 1, 1995. The
30 costs to the department of such registration shall be borne by
31 the registrant. The department may require affidavits and
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1 supporting documentation sufficient to demonstrate that the
2 registrant is preparing for examination by October 1, 1995,
3 under this chapter. The department may adopt rules to
4 implement this section. Upon receipt of the department's
5 notice of registration, the registrant may practice services
6 as defined in s. 491.003(7), (8), and (9), provided that the
7 registrant uses "trainee" or "intern" with any title or
8 description of the registrant's work and on any business
9 correspondence and work product, including, but not limited
10 to, a business card, letterhead, sign, billing, or report
11 unless exempt pursuant to this chapter.
12 Section 9. Paragraph (d) of subsection (1) of section
13 491.012, Florida Statutes, is amended, paragraph (l) is added
14 to said subsection, and paragraph (k) is added to subsection
15 (2) of said section, to read:
16 491.012 Violations; penalty; injunction.--
17 (1) It is unlawful and a violation of this chapter for
18 any person to:
19 (d) Use the terms psychotherapist or sex therapist, or
20 juvenile sexual offender therapist, unless such person is
21 licensed pursuant to this chapter or chapter 490, or is
22 certified under s. 464.012 as an advanced registered nurse
23 practitioner in the category of psychiatric mental health and
24 the use of such terms is within the scope of his practice
25 based on education, training, and licensure.
26 (l) Beginning October 1, 1999, practice juvenile
27 sexual offender therapy in this state, as the practice is
28 defined in s. 491.0144, for compensation, unless the person
29 holds an active license pursuant to this chapter, and has met
30 the requirements to practice juvenile sexual offender therapy.
31
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1 (2) It is unlawful and a violation of this chapter for
2 any person to describe his services using the following terms
3 or any derivative thereof, unless such person holds a valid
4 active license under this chapter or chapter 490, or is
5 certified as an advanced registered nurse practitioner in the
6 category of psychiatric mental health under s. 464.012, and
7 the use of such terms is within the scope of his practice
8 based on education, training, and licensure:
9 (a) "Psychotherapy."
10 (b) "Sex therapy."
11 (c) "Sex counseling."
12 (d) "Clinical social work."
13 (e) "Psychiatric social work."
14 (f) "Marriage and family therapy."
15 (g) "Marriage and family counseling."
16 (h) "Marriage counseling."
17 (i) "Family counseling."
18 (j) "Mental health counseling."
19 (k) "Juvenile sexual offender therapy."
20 (3) Any person who violates any provision of
21 subsection (1) or subsection (2) commits a misdemeanor of the
22 first degree, punishable as provided in s. 775.082 or s.
23 775.083.
24 (4) The department may institute appropriate judicial
25 proceedings to enjoin violation of this section.
26 Section 10. Section 491.0144, Florida Statutes, is
27 created to read:
28 491.0144 Juvenile sexual offender therapy.--Only a
29 person licensed by this chapter who meets the qualifications
30 set by the board may hold themselves out as a juvenile sexual
31 offender therapist, except as provided in s. 490.0145. These
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1 qualifications shall include 500 hours of direct service
2 experience, with a minimum of 200 hours of therapy and 75
3 hours of assessment as part of these 500 hours; 50 hours of
4 specific training or coursework; and 20 hours of continuing
5 education units biennially. The training and coursework may
6 include, but not be limited to, the areas of: juvenile sexual
7 arousal patterns, deviate fantasizing, denial and
8 minimization, sexual abuse thinking errors, sexual
9 development, compulsivity management, victim empathy,
10 biomedical approaches, and arousal control. The board may
11 further define these qualifications by rule. In establishing
12 these qualifications, the board may refer to the sexual
13 disorder and dysfunction sections of the most current edition
14 of the Diagnostic and Statistical Manual of the American
15 Psychiatric Association or other relevant publications.
16 Section 11. Section 943.17291, Florida Statutes, is
17 created to read:
18 943.17291 Basic skills training in juvenile sexual
19 offender investigation.--The commission shall incorporate
20 juvenile sexual offender investigation instruction into the
21 course curriculum required for a law enforcement officer to
22 obtain initial certification.
23 Section 12. Section 943.17295, Florida Statutes, is
24 created to read:
25 943.17295 Continued employment training relating to
26 juvenile sexual offender investigation.--The commission shall
27 incorporate the subject of sexual abuse and assault
28 investigation, with an emphasis on cases involving child
29 victims or juvenile offenders, into the curriculum required
30 for continuous employment or appointment as a law enforcement
31 officer.
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1 Section 13. Section 39.0251, Florida Statutes, is
2 created to read:
3 39.0251 Sexual Abuse Intervention Network.--
4 (1) The Department of Juvenile Justice shall establish
5 the Sexual Abuse Intervention Network in each of the
6 department's 15 districts and 4 sub-districts. The Sexual
7 Abuse Intervention Network shall be a district or sub-district
8 wide written agreement that minimally includes all school
9 superintendents, all sheriffs, representatives of city police
10 chiefs, state attorneys, judges handling cases of sexual abuse
11 and assault with child victims, public defenders, the
12 Department of Juvenile Justice, the Department of Children and
13 Family Services, mental health services, child protection
14 teams, and community service providers to child sexual abuse
15 victims or sexual offenders victimizing children.
16 (2) This written agreement must describe the roles,
17 responsibilities, and the methods of collaboration and
18 cooperation among the above mentioned parties in identifying,
19 investigating, prosecuting, treating, and reintegrating child
20 sexual abuse victims and offenders, as recommended in the
21 Governor's Task Force on Juvenile Sexual Offenders and Victims
22 of Juvenile Sexual Abuse and Crimes Final Report of December
23 1994.
24 (3) The proceeds of the tax on admissions to
25 establishments offering, advertising, or engaging in adult
26 entertainment services imposed by ss. 212.02(1) and 212.04 and
27 the proceeds of the tax on personal escort services imposed by
28 s. 212.05(1)(k)1.c. shall be deposited in the Grants and
29 Donations Trust Fund under the Department of Juvenile Justice
30 in the Sexual Abuse Intervention Network account for the
31
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1 purpose of awarding grants to programs under the Sexual Abuse
2 Intervention Network.
3 (4) The Department of Juvenile Justice shall award
4 grants under the Sexual Abuse Intervention Network to provide
5 for the training of investigators, prosecutors, judges, public
6 defenders, guardian ad litems, case managers, teachers and
7 other school personnel, and mental health providers to carry
8 out the mission of the Sexual Abuse Intervention Networks.
9 The Department of Juvenile Justice shall also award grants for
10 the non-residential mental health treatment of children who
11 are victims of sexual assault and their families.
12 Section 14. This act shall take effect October 1,
13 1997.
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2 HOUSE SUMMARY
3
Requires the Department of Juvenile Justice to establish
4 a certification process for juvenile sexual offender
commitment programs. Prohibits uncertified programs from
5 holding themselves out as juvenile sex offender day
treatment or residential treatment programs as of January
6 1, 1999.
7
Revises the definition of "admissions" to include
8 admissions to establishments that offer, advertise, or
engage in adult entertainment services, for purposes of
9 imposition of tax thereon. Provides for imposition of
sales tax on charges for personal escort services.
10 Provides for deposit of the proceeds of said taxes in the
Grants and Donations Trust Fund under the Department of
11 Juvenile Justice to fund grants under the Sexual Abuse
Intervention Network.
12
13 Defines the offense of unlicensed practice of "juvenile
sexual offender therapy" for compensation, and provides
14 penalties therefor. Provides for injunctive relief.
Provides that only persons licensed under ch. 490, F.S.,
15 relating to psychological services, or ch. 491, F.S.,
relating to clinical, counseling, and psychotherapy
16 services, may hold themselves out as juvenile sexual
offender therapists. Prescribes qualifications for
17 licensure under ch. 490, F.S., as a juvenile sexual
offender therapist. Provides for adoption of rules by
18 the Board of Psychology relating to such qualifications.
Redefines "practice of clinical social work," "practice
19 of marriage and family therapy," and "practice of mental
health counseling" with respect to ch. 491, F.S., to
20 include juvenile sexual offender therapy. Defines the
offenses of unlawful use of the term "juvenile sexual
21 offender therapist," and provides penalties therefor.
Defines the offense of unlicensed practice of "juvenile
22 sexual offender therapy" for compensation, and provides
penalties therefor. Defines the offense of unlawful
23 description of services using the term, or derivative
thereof, "juvenile sexual offender therapy," and provides
24 penalties therefor. Provides for injunctive relief with
respect to such offenses. Prescribes qualifications for
25 licensure of a juvenile sexual offender therapist under
ch. 491, F.S. Provides for adoption of rules with
26 respect to such licensure by the Board of Clinical Social
Work, Marriage and Family Therapy, and Mental Health
27 Counseling. Requires the Criminal Justice Standards and
Training Commission to incorporate certain instruction
28 into certain law enforcement officer course curriculum.
Requires the commission to incorporate certain subjects
29 into certain law enforcement officer continuous
employment or appointment curricula. Requires the
30 department to establish the Sexual Abuse Intervention
Network. Provides for use of the proceeds of the tax on
31 admissions to establishments offering, advertising, or
engaging in adult entertainment services and of the tax
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1 on personal escort services to fund grants under the
network. Delineates procedures for grant awards.
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