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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. 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 475 179-120A-97 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 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 475 179-120A-97 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 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 475 179-120A-97 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: 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 475 179-120A-97 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 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 475 179-120A-97 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) 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 475 179-120A-97 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. 30 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 475 179-120A-97 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. 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 475 179-120A-97 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: 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 475 179-120A-97 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. 31 10