CODING: Words stricken are deletions; words underlined are additions.House Bill 0475c1
Florida House of Representatives - 1997 CS/HB 475
By the Committee on Juvenile Justice and Representative
Brown
1 A bill to be entitled
2 An act relating to juvenile sexual offenders;
3 amending s. 39.045, F.S.; requiring the
4 Department of Juvenile Justice to notify the
5 school superintendent of any child who has a
6 known history of predatory sexual behavior or
7 who is an adjudicated juvenile sexual offender;
8 providing that it is a second degree
9 misdemeanor for a school district employee to
10 disclose such information to an unauthorized
11 person; providing penalties; amending s.
12 39.0571, F.S.; requiring the Department of
13 Juvenile Justice to conduct inspections of
14 offender commitment programs operated by the
15 department based on standards developed for
16 these types of programs; authorizing a county
17 juvenile justice council or a district juvenile
18 justice board or a state attorney to establish
19 a sexual abuse intervention network; providing
20 for membership and prescribing duties of such
21 network; requiring the Office of the Attorney
22 General to award grants to a sexual abuse
23 intervention network under certain
24 circumstances; delineating procedures for grant
25 awards; requiring the Office of the Attorney
26 General, in collaboration with the Department
27 of Juvenile Justice, to establish minimum
28 standards for juvenile sex offender day
29 treatment and residential treatment programs
30 funded pursuant to specified provisions;
31 providing for implementation; amending s.
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1 39.411, F.S.; requiring the Department of
2 Children and Family Services to notify the
3 school superintendent of any child who has a
4 known history of predatory sexual behavior or
5 who is an adjudicated juvenile sexual offender;
6 providing that it is a second degree
7 misdemeanor for a school district employee to
8 disclose such information to an unauthorized
9 person; providing penalties; amending s.
10 490.012, F.S., relating to violations,
11 penalties, and injunction; defining the offense
12 of unlicensed practice of "juvenile sexual
13 offender therapy" for compensation, and
14 providing penalties therefor; providing for
15 injunctive relief; creating s. 490.0145, F.S.;
16 providing that only certain persons licensed
17 under ch. 490, F.S., relating to psychological
18 services, or ch. 491, F.S., relating to
19 clinical, counseling, and psychotherapy
20 services, may hold themselves out as juvenile
21 sexual offender therapists; providing for
22 qualifications for licensure under ch. 490,
23 F.S., as a juvenile sexual offender therapist;
24 amending s. 491.012, F.S.; defining the offense
25 of unlawful use of the term "juvenile sexual
26 offender therapist," and providing penalties
27 therefor; defining the offense of unlicensed
28 practice of "juvenile sexual offender therapy"
29 for compensation, and providing penalties
30 therefor; providing for injunctive relief;
31 creating s. 491.0144, F.S.; providing for
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1 qualifications for licensure of a juvenile
2 sexual offender therapist under ch. 491, F.S.,
3 relating to clinical, counseling, and
4 psychotherapy services; creating s. 943.17291,
5 F.S.; requiring the Criminal Justice Standards
6 and Training Commission to incorporate certain
7 instruction into certain law enforcement
8 officer course curriculum; creating s.
9 943.17295, F.S.; requiring the commission to
10 incorporate certain subjects into certain law
11 enforcement officer continuous employment or
12 appointment curricula; providing effective
13 dates.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (5) of section 39.045, Florida
18 Statutes, 1996 Supplement, is amended to read:
19 39.045 Oaths; records; confidential information.--
20 (5)(a) Except as provided in subsections (3), (8),
21 (9), and (10), and s. 943.053, all information obtained under
22 this part in the discharge of official duty by any judge, any
23 employee of the court, any authorized agent of the Department
24 of Juvenile Justice, the Parole Commission, the Juvenile
25 Justice Advisory Board, the Department of Corrections, the
26 district juvenile justice boards, any law enforcement agent,
27 or any licensed professional or licensed community agency
28 representative participating in the assessment or treatment of
29 a juvenile is confidential and may be disclosed only to the
30 authorized personnel of the court, the Department of Juvenile
31 Justice and its designees, the Department of Corrections, the
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1 Parole Commission, the Juvenile Justice Advisory Board, law
2 enforcement agents, school superintendents and their
3 designees, any licensed professional or licensed community
4 agency representative participating in the assessment or
5 treatment of a juvenile, and others entitled under this part
6 to receive that information, or upon order of the court.
7 Within each county, the sheriff, the chiefs of police, the
8 district school superintendent, and the department shall enter
9 into an interagency agreement for the purpose of sharing
10 information about juvenile offenders among all parties. The
11 agreement must specify the conditions under which summary
12 criminal history information is to be made available to
13 appropriate school personnel, and the conditions under which
14 school records are to be made available to appropriate
15 department personnel. The agencies entering into such
16 agreement must comply with s. 943.0525, and must maintain the
17 confidentiality of information that is otherwise exempt from
18 s. 119.07(1), as provided by law.
19 (b) The department shall disclose to the school
20 superintendent the presence of any child in the care and
21 custody of the department who has a known history of predatory
22 sexual behavior or who is an adjudicated juvenile sexual
23 offender, as defined in s. 415.50165. Any employee of a
24 district school board who knowingly and willfully discloses
25 such information to an unauthorized person commits a
26 misdemeanor of the second degree, punishable as provided in s.
27 775.082 or s. 775.083.
28 Section 2. Subsection (9) of section 39.0571, Florida
29 Statutes, is amended, subsection (11) of said section is
30 renumbered as subsection (15), and new subsections (11)
31 through (14) are added to said section to read:
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1 39.0571 Juvenile sexual offender commitment programs;
2 sexual abuse intervention networks.--
3 (9) The department is required to conduct inspections
4 of and quality assurance activities for each juvenile sexual
5 offender program operated by the department based on standards
6 specifically developed for these types of programs to
7 determine whether the program complies with department rules
8 for continued operation of the program.
9 (10) The department shall maintain records and other
10 information necessary to evaluate the effectiveness of each
11 juvenile sexual offender program and other outcome evaluation
12 requirements.
13 (11) A county juvenile justice council or a district
14 juvenile justice board as provided in s. 39.025, or a state
15 attorney, may establish a sexual abuse intervention network
16 for the purposes of identifying, investigating, prosecuting,
17 treating, and preventing sexual abuse with special emphasis on
18 juvenile sexual offenders and victims of sexual abuse.
19 (12) Membership of a sexual abuse intervention network
20 shall include, but not be limited to, representatives from:
21 (a) Local law enforcement agencies;
22 (b) Local school boards;
23 (c) Child protective investigators;
24 (d) The Office of the State Attorney;
25 (e) The Office of the Public Defender;
26 (f) The juvenile division of the circuit court;
27 (g) Professionals licensed under s. 490.0145 or s.
28 491.0144 providing treatment for juvenile sexual offenders or
29 their victims;
30 (h) The guardian ad litem program;
31 (i) The Department of Juvenile Justice; and
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1 (j) The Department of Children and Family Services.
2 (13) Each sexual abuse intervention network shall
3 develop a cooperative working agreement describing the roles
4 and responsibilities of all members towards the
5 identification, investigation, prosecution, treatment, and
6 reintegration of juvenile sexual offenders and the treatment
7 of their victims.
8 (14) Subject to specific appropriation, the Office of
9 the Attorney General shall award grants to sexual abuse
10 intervention networks applying for them. Such grants may be
11 used for training, treatment, public awareness, and other
12 specified community needs as identified by the network.
13 Grants shall be awarded based on the applicant's level of
14 local funding match, level of collaboration, number of
15 juvenile sexual offenders, number of victims served, and need
16 for services. The Office of the Attorney General, in
17 collaboration with the Department of Juvenile Justice, shall
18 establish minimum standards for residential and day treatment
19 juvenile sexual offender programs funded under this
20 subsection.
21 (15)(11) The department is authorized to establish
22 rules and other policy directives necessary to implement the
23 provisions of this section.
24 Section 3. Subsection (4) of section 39.411, Florida
25 Statutes, 1996 Supplement, is amended to read:
26 39.411 Oaths, records, and confidential information.--
27 (4)(a) All information obtained pursuant to this part
28 in the discharge of official duty by any judge, employee of
29 the court, authorized agent of the department, correctional
30 probation officer, or law enforcement agent is shall be
31 confidential and exempt from the provisions of s. 119.07(1)
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1 and may shall not be disclosed to anyone other than the
2 authorized personnel of the court, the department and its
3 designees, correctional probation officers, law enforcement
4 agents, and others entitled under this chapter to receive that
5 information, except upon order of the court.
6 (b) The department shall disclose to the school
7 superintendent the presence of any child in the care and
8 custody of the department who has a known history of predatory
9 sexual behavior or who is an adjudicated juvenile sexual
10 offender, as defined in s. 415.50165. Any employee of a
11 district school board who knowingly and willfully discloses
12 such information to an unauthorized person commits a
13 misdemeanor of the second degree, punishable as provided in s.
14 775.082 or s. 775.083.
15 Section 4. Subsections (3), (4), (5), and (6) of
16 section 490.012, Florida Statutes, are renumbered as
17 subsections (4), (5), (6), and (7), respectively, and a new
18 subsection (3) is added to said section to read:
19 490.012 Violations; penalties; injunction.--
20 (3) Beginning October 1, 1999, no person shall
21 practice juvenile sexual offender therapy in this state, as
22 the practice is defined in s. 490.0145, for compensation,
23 unless the person holds an active license pursuant to this
24 chapter and has met the requirements to practice juvenile
25 sexual offender therapy or the person works for a program
26 operated by or contracted to the Department of Juvenile
27 Justice or the Department of Children and Family Services that
28 has a professional licensed under s. 490.0145 or s. 491.0144
29 managing or supervising the treatment services.
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1 (4)(3) Any person who violates any provision of this
2 section commits a misdemeanor of the first degree, punishable
3 as provided in s. 775.082 or s. 775.083.
4 (5)(4) The department may institute appropriate
5 proceedings to enjoin violation of subsection (1).
6 (6)(5) Beginning October 1, 1992, no person shall
7 practice psychology in this state, as such practice is defined
8 in s. 490.003(4), for compensation, unless such person holds
9 an active valid license to practice psychology issued pursuant
10 to this chapter. Nothing in this subsection shall be
11 construed to limit the practice of school psychology, as such
12 practice is defined in s. 490.003(6).
13 (7)(6) Beginning October 1, 1992, no person shall
14 practice school psychology in this state, as such practice is
15 defined in s. 490.003(6), for compensation, unless such person
16 holds an active valid license to practice school psychology
17 issued pursuant to this chapter.
18 Section 5. Section 490.0145, Florida Statutes, is
19 created to read:
20 490.0145 The practice of juvenile sexual offender
21 therapy.--Only a person licensed by this chapter who meets the
22 qualifications set by the board may hold himself or herself
23 out as a juvenile sexual offender therapist, except as
24 provided in s. 491.0144. These qualifications shall be
25 determined by the board. The board shall require training and
26 coursework in the specific areas of juvenile sexual offender
27 behaviors, treatments, and related issues. In establishing
28 these qualifications, the board may refer to the sexual
29 disorder and dysfunction sections of the most current edition
30 of the Diagnostic and Statistical Manual of the American
31 Psychiatric Association or other relevant publications.
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1 Section 6. Paragraph (d) of subsection (1) of section
2 491.012, Florida Statutes, is amended and paragraph (l) is
3 added to said subsection, to read:
4 491.012 Violations; penalty; injunction.--
5 (1) It is unlawful and a violation of this chapter for
6 any person to:
7 (d) Use the terms psychotherapist or sex therapist, or
8 juvenile sexual offender therapist, unless such person is
9 licensed pursuant to this chapter or chapter 490, or is
10 certified under s. 464.012 as an advanced registered nurse
11 practitioner in the category of psychiatric mental health and
12 the use of such terms is within the scope of his practice
13 based on education, training, and licensure.
14 (l) Beginning October 1, 1999, practice juvenile
15 sexual offender therapy in this state, as the practice is
16 defined in s. 491.0144, for compensation, unless the person
17 holds an active license pursuant to this chapter, and has met
18 the requirements to practice juvenile sexual offender therapy
19 or the person works for a program operated by or contracted to
20 the Department of Juvenile Justice or the Department of
21 Children and Family Services that has a professional licensed
22 under s. 490.0145 or s. 491.0144 managing or supervising the
23 treatment services.
24 (3) Any person who violates any provision of
25 subsection (1) or subsection (2) commits a misdemeanor of the
26 first degree, punishable as provided in s. 775.082 or s.
27 775.083.
28 (4) The department may institute appropriate judicial
29 proceedings to enjoin violation of this section.
30 Section 7. Section 491.0144, Florida Statutes, is
31 created to read:
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1 491.0144 The practice of juvenile sexual offender
2 therapy.--Only a person licensed by this chapter who meets the
3 qualifications set by the board may hold himself or herself
4 out as a juvenile sexual offender therapist, except as
5 provided in s. 490.0145. These qualifications shall be
6 determined by the board. The board shall require training and
7 coursework in the specific areas of juvenile sexual offender
8 behaviors, treatments, and related issues. In establishing
9 these qualifications, the board may refer to the sexual
10 disorder and dysfunction sections of the most current edition
11 of the Diagnostic and Statistical Manual of the American
12 Psychiatric Association or other relevant publications.
13 Section 8. Section 943.17291, Florida Statutes, is
14 created to read:
15 943.17291 Basic skills training in juvenile sexual
16 offender investigation.--The commission shall incorporate
17 juvenile sexual offender investigation instruction into the
18 course curriculum required for a law enforcement officer to
19 obtain initial certification.
20 Section 9. Section 943.17295, Florida Statutes, is
21 created to read:
22 943.17295 Continued employment training relating to
23 juvenile sexual offender investigation.--The commission shall
24 incorporate the subject of sexual abuse and assault
25 investigation, with an emphasis on cases involving child
26 victims or juvenile offenders, into the curriculum required
27 for continuous employment or appointment as a law enforcement
28 officer.
29 Section 10. Except as otherwise provided herein, this
30 act shall take effect June 30, 1997.
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