Senate Bill 1080
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Florida Senate - 1999 SB 1080
By Senators Forman, Mitchell and Campbell
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1 A bill to be entitled
2 An act relating to human rights; creating s.
3 402.164, F.S.; providing legislative intent
4 with respect to the duties and powers of the
5 Statewide Human Rights Advocacy Committee and
6 the district human rights advocacy committees;
7 defining the term "client services" as used in
8 ss. 402.164-402.167, F.S.; providing for the
9 Statewide Human Rights Advocacy Committee to
10 monitor the activities of, and investigate
11 complaints against, state agencies that provide
12 client services; amending s. 402.166, F.S.;
13 revising the duties of the district human
14 rights advocacy committees to conform to the
15 expanded duties of the statewide committee;
16 amending s. 402.167, F.S.; providing rulemaking
17 authority to the state agencies subject to
18 investigation by the human rights advocacy
19 committees; providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 402.164, Florida Statutes, is
24 created to read:
25 402.164 Legislative intent; definition.--
26 (1)(a) It is the intent of the Legislature to use
27 citizen volunteers as members of the Statewide Human Rights
28 Advocacy Committee and the district human rights advocacy
29 committees, and to have volunteers operate a network of
30 committees that shall, without interference by an executive
31 agency, undertake to discover, monitor, investigate, and
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1 determine the presence of conditions or individuals that
2 constitute a threat to the rights, health, safety, or welfare
3 of persons who receive services from state agencies.
4 (b) It is the further intent of the Legislature that
5 the monitoring and investigation shall safeguard the health,
6 safety, and welfare of consumers of services provided by these
7 state agencies.
8 (2) As used in ss. 402.164-402.167, the term "client
9 services" means services or programs provided to individuals
10 by state agencies under chapter 39, chapter 393, chapter 394,
11 part III, part V, or part VIII of chapter 400, chapter 409,
12 chapter 411, chapter 414, chapter 415, or chapter 916.
13 Section 2. Section 402.165, Florida Statutes, 1998
14 Supplement, is amended to read:
15 402.165 Statewide Human Rights Advocacy Committee;
16 confidential records and meetings.--
17 (1) There is created within the Department of Children
18 and Family Health and Rehabilitative Services a Statewide
19 Human Rights Advocacy Committee. The Department of Children
20 and Family Health and Rehabilitative Services shall provide
21 administrative support and service to the committee to the
22 extent requested by the executive director within available
23 resources. The Statewide Human Rights Advocacy Committee is
24 shall not be subject to control, supervision, or direction by
25 the Department of Children and Family Health and
26 Rehabilitative Services in the performance of its duties. The
27 committee shall consist of 15 residents of this state
28 citizens, one from each service district of the Department of
29 Children and Family Health and Rehabilitative Services, who
30 broadly represent the interests of the public and the clients
31 of one of the state agencies that provide client services that
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1 department. The members shall be representative of five
2 groups of state residents citizens as follows: one elected
3 public official; two providers who deliver client services or
4 programs to clients of the Department of Health and
5 Rehabilitative Services; four nonsalaried representatives of
6 nonprofit agencies or civic groups; four representatives of
7 health and rehabilitative services consumer groups who are
8 currently receiving, or have received, client services from
9 the Department of Health and Rehabilitative Services within
10 the past 4 years, at least one of whom must be a consumer of
11 one or more client services; and four residents of the state
12 who do not represent any of the foregoing groups, two of whom
13 represent health-related professions and two of whom represent
14 the legal profession. In appointing the representatives of
15 the health-related professions, the appointing authority shall
16 give priority of consideration to a physician licensed under
17 chapter 458 or chapter 459; and, in appointing the
18 representatives of the legal profession, the appointing
19 authority shall give priority of consideration to a member in
20 good standing of The Florida Bar. Except for the member who is
21 an elected public official, each member of the Statewide Human
22 Rights Advocacy Committee must have served as a member of a
23 district human rights advocacy committee. Persons related to
24 each other by consanguinity or affinity within the third
25 degree may not serve on the Statewide Human Rights Advocacy
26 Committee at the same time.
27 (2) Members of the Statewide Human Rights Advocacy
28 Committee shall be appointed to serve terms of 3 years. A
29 member may not serve more than two consecutive terms. The
30 limitation on the number of terms a member may serve applies
31
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1 without regard to whether a term was served before or after
2 October 1, 1989.
3 (3) If a member of the Statewide Human Rights Advocacy
4 Committee fails to attend two-thirds of the regular committee
5 meetings during the course of a year, the position held by
6 such member may be deemed vacant by the committee. The
7 Governor shall fill the vacancy pursuant to subsection (4). If
8 a member of the Statewide Human Rights Advocacy Committee
9 violates is in violation of the provisions of this section or
10 procedures adopted under this section thereto, the committee
11 may recommend to the Governor that the such member be removed.
12 (4) The Governor shall fill each vacancy on the
13 Statewide Human Rights Advocacy Committee from a list of
14 nominees submitted by the statewide committee. A list of
15 candidates shall be submitted to the statewide committee by
16 the district human rights advocacy committee in the district
17 from which the vacancy occurs. Priority of consideration
18 shall be given to the appointment of an individual whose
19 primary interest, experience, or expertise lies with a major
20 client group who are receiving one or more client services and
21 are of the Department of Health and Rehabilitative Services
22 not represented on the committee at the time of the
23 appointment. If an appointment is not made within 60 days
24 after a vacancy occurs on the committee, the vacancy shall be
25 filled by a majority vote of the statewide committee without
26 further action by the Governor. A No person who is employed by
27 any state agency that provides client services the Department
28 of Health and Rehabilitative Services may not be appointed to
29 the committee.
30 (5)(a) Members of the Statewide Human Rights Advocacy
31 Committee shall receive no compensation, but are shall be
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1 entitled to be reimbursed for per diem and travel expenses in
2 accordance with s. 112.061.
3 (b) The committee shall select an executive director
4 who shall serve at the pleasure of the committee and shall
5 perform the duties delegated to him or her by the committee.
6 The compensation of the executive director shall be
7 established in accordance with the rules of the Selected
8 Exempt Service.
9 (c) The committee may apply for, receive, and accept
10 grants, gifts, donations, bequests, and other payments
11 including money or property, real or personal, tangible or
12 intangible, and service from any governmental or other public
13 or private entity or person and make arrangements as to the
14 use of same.
15 (d) The Statewide Human Rights Advocacy Committee
16 shall annually prepare a budget request that may shall not be
17 changed subject to change by department staff after it is
18 approved by the committee, but the budget request shall be
19 submitted to the Governor by the department for transmittal to
20 the Legislature. The budget must shall include a request for
21 funds to carry out the activities of the Statewide Human
22 Rights Advocacy Committee and the district human rights
23 advocacy committees.
24 (6) The members of the Statewide Human Rights Advocacy
25 Committee shall elect a chairperson to a term of 1 year. A
26 person may not serve as chairperson for more than two
27 consecutive terms.
28 (7) The responsibilities of the committee include, but
29 are not limited to:
30 (a) Serving as an independent third-party mechanism
31 for protecting the constitutional and human rights of clients
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1 any client within programs a program or facilities facility
2 operated, funded, licensed, or regulated by any state agency
3 that provides client services the Department of Health and
4 Rehabilitative Services.
5 (b) Monitoring by site visit and inspection of
6 records, the delivery and use of services, programs, or
7 facilities operated, funded, regulated, or licensed by any
8 state agency that provides client services the Department of
9 Health and Rehabilitative Services for the purpose of
10 preventing abuse or deprivation of the constitutional and
11 human rights of clients. The Statewide Human Rights Advocacy
12 Committee may conduct an unannounced site visit or monitoring
13 visit that involves the inspection of records if such visit is
14 conditioned upon a complaint. A complaint may be generated by
15 the committee itself if information from any state agency that
16 provides client services the Department of Health and
17 Rehabilitative Services or from other sources indicates a
18 situation at the program or facility that indicates possible
19 abuse or neglect of clients. The Statewide Human Rights
20 Advocacy Committee shall establish and follow uniform criteria
21 for the review of information and generation of complaints.
22 Routine program monitoring and reviews that do not require an
23 examination of records may be made unannounced.
24 (c) Receiving, investigating, and resolving reports of
25 abuse or deprivation of constitutional and human rights
26 referred to the Statewide Human Rights Advocacy Committee by a
27 district human rights advocacy committee. If a matter
28 constitutes a threat to the life, safety, or health of clients
29 or is multidistrict in scope, the Statewide Human Rights
30 Advocacy Committee may exercise such powers without the
31 necessity of a referral from a district committee.
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1 (d) Reviewing existing programs or services and new or
2 revised programs of the state agencies that provide client
3 services Department of Health and Rehabilitative Services and
4 making recommendations as to how the rights of clients are
5 affected.
6 (e) Submitting an annual report to the Legislature, no
7 later than December 30 of each calendar year, concerning
8 activities, recommendations, and complaints reviewed or
9 developed by the committee during the year.
10 (f) Conducting meetings at least six times a year at
11 the call of the chairperson and at other times at the call of
12 the Governor or by written request of six members of the
13 committee.
14 (g) Developing and adopting uniform procedures to be
15 used to carry out the purpose and responsibilities of the
16 human rights advocacy committees, which procedures shall
17 include, but need not be limited to, the following:
18 1. The responsibilities of the committee;
19 2. The organization and operation of the statewide
20 committee and district committees, including procedures for
21 replacing a member, formats for maintaining records of
22 committee activities, and criteria for determining what
23 constitutes a conflict of interest for purposes of assigning
24 and conducting investigations and monitoring;
25 3. Uniform procedures for the statewide committee and
26 district committees to receive and investigate reports of
27 abuse of constitutional or human rights;
28 4. The responsibilities and relationship of the
29 district human rights advocacy committees to the statewide
30 committee;
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1 5. The relationship of the committee to the state
2 agencies that receive and investigate reports of abuse and
3 neglect of children or adults Department of Health and
4 Rehabilitative Services, including the way in which reports of
5 findings and recommendations related to reported abuse are
6 given to the appropriate state agency that provides client
7 services Department of Health and Rehabilitative Services;
8 6. Provision for cooperation with the State Long-Term
9 Care Ombudsman Council;
10 7. Procedures for appeal. An appeal to the state
11 committee is made by a district human rights advocacy
12 committee when a valid complaint is not resolved at the
13 district level. The statewide committee may appeal an
14 unresolved complaint to the secretary or director of the
15 appropriate state agency that provides client services
16 Department of Health and Rehabilitative Services. If, after
17 exhausting all remedies, the statewide committee is not
18 satisfied that the complaint can be resolved within the state
19 agency Department of Health and Rehabilitative Services, the
20 appeal may be referred to the Governor or the Legislature;
21 8. Uniform procedures for gaining access to and
22 maintaining confidential information; and
23 9. Definitions of misfeasance and malfeasance for
24 members of the statewide committee and district committees.
25 (h) Monitoring the performance and activities of all
26 district committees and providing technical assistance to
27 members and staff of district committees.
28 (i) Providing for the development and presentation of
29 a standardized training program for members of district
30 committees.
31
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1 (8)(a) In the performance of its duties, the Statewide
2 Human Rights Advocacy Committee shall have:
3 1. Authority to receive, investigate, seek to
4 conciliate, hold hearings on, and act on complaints that which
5 allege any abuse or deprivation of constitutional or human
6 rights of clients.
7 2. Access to all client records, files, and reports
8 from any program, service, or facility that is operated,
9 funded, licensed, or regulated by any state agency that
10 provides client services the Department of Children and Family
11 Services and any records that which are material to its
12 investigation and which are in the custody of any other agency
13 or department of government. The committee's investigation or
14 monitoring may shall not impede or obstruct matters under
15 investigation by law enforcement or judicial authorities.
16 Access may shall not be granted if a specific procedure or
17 prohibition for reviewing records is required by federal law
18 and regulation that which supersedes state law. Access may
19 shall not be granted to the records of a private licensed
20 practitioner who is providing services outside the state
21 agencies, or outside a state facility, and facilities and
22 whose client is competent and refuses disclosure.
23 3. Standing to petition the circuit court for access
24 to client records that which are confidential as specified by
25 law. The petition must shall state the specific reasons for
26 which the committee is seeking access and the intended use of
27 such information. The court may authorize committee access to
28 such records upon a finding that such access is directly
29 related to an investigation regarding the possible deprivation
30 of constitutional or human rights or the abuse of a client.
31 Original client files, records, and reports may shall not be
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1 removed from a state agency the Department of Children and
2 Family Services or agency facilities. Under no circumstance
3 shall The committee may not have access to confidential
4 adoption records in accordance with the provisions of ss.
5 39.0132, 63.022, and 63.162. Upon completion of a general
6 investigation of practices and procedures of a state agency
7 the Department of Children and Family Services, the committee
8 shall report its findings to that agency department.
9 (b) All information obtained or produced by the
10 committee which is made confidential by law, which relates to
11 the identity of any client or group of clients subject to the
12 protections of this section, or which relates to the identity
13 of an individual who provides information to the committee
14 about abuse or alleged violations of constitutional or human
15 rights, is confidential and exempt from the provisions of s.
16 119.07(1) and s. 24(a), Art. I of the State Constitution.
17 (c) Portions of meetings of the Statewide Human Rights
18 Advocacy Committee which relate to the identity of any client
19 or group of clients subject to the protections of this
20 section, which relate to the identity of an individual who
21 provides information to the committee about abuse or alleged
22 violations of constitutional or human rights, or wherein
23 testimony is provided relating to records otherwise made
24 confidential by law, are exempt from the provisions of s.
25 286.011 and s. 24(b), Art. I of the State Constitution.
26 (d) All records prepared by members of the committee
27 which reflect a mental impression, investigative strategy, or
28 theory are exempt from the provisions of s. 119.07(1) and s.
29 24(a), Art. I of the State Constitution until the
30 investigation is completed or until the investigation ceases
31 to be active. For purposes of this section, an investigation
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1 is considered "active" while such investigation is being
2 conducted by the committee with a reasonable, good faith
3 belief that it may lead to a finding of abuse or of a
4 violation of human rights. An investigation does not cease to
5 be active so long as the committee is proceeding with
6 reasonable dispatch and there is a good faith belief that
7 action may be initiated by the committee or other
8 administrative or law enforcement agency.
9 (e) Any person who knowingly and willfully discloses
10 any such confidential information commits is guilty of a
11 misdemeanor of the second degree, punishable as provided in s.
12 775.082 or s. 775.083.
13 Section 3. Section 402.166, Florida Statutes, 1998
14 Supplement, is amended to read:
15 402.166 District human rights advocacy committees;
16 confidential records and meetings.--
17 (1) At least one district human rights advocacy
18 committee is created in each service district of the
19 Department of Children and Family Health and Rehabilitative
20 Services. The district human rights advocacy committees shall
21 be subject to direction from and the supervision of the
22 Statewide Human Rights Advocacy Committee. The district
23 administrator shall assign staff to provide administrative
24 support to the committees, and staff assigned to these
25 positions shall perform the functions required by the
26 committee without interference from the department. The
27 district committees shall direct the activities of staff
28 assigned to them to the extent necessary for the committees to
29 carry out their duties. The number and areas of
30 responsibility of the district human rights advocacy
31 committees, not to exceed three in any district, shall be
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1 determined by the majority vote of district committee members.
2 However, district 2 II may have four committees. District
3 committees shall meet at facilities under their jurisdiction
4 whenever possible.
5 (2) Each district human rights advocacy committee
6 shall have no fewer than 7 members and no more than 15
7 members, 25 percent of whom are or have been recipients of one
8 or more client services clients of the Department of Health
9 and Rehabilitative Services within the last 4 years, except
10 that one member of this group may be an immediate relative or
11 legal representative of a current or former client; two
12 providers, who deliver client services or programs to clients
13 of the Department of Health and Rehabilitative Services; and
14 two representatives of professional organizations, one of whom
15 represents health-related professions and one of whom
16 represents the legal profession. Priority of consideration
17 shall be given to the appointment of at least one medical or
18 osteopathic physician, as defined in chapters 458 and 459, and
19 one member in good standing of The Florida Bar. Priority of
20 consideration shall also be given to the appointment of an
21 individual whose primary interest, experience, or expertise
22 lies with a major client group receiving client services which
23 is of the Department of Health and Rehabilitative Services not
24 represented on the committee at the time of the appointment.
25 In no case shall A person who is employed by a state agency
26 that provides client services may not the Department of Health
27 and Rehabilitative Services be selected as a member of a
28 committee. At no time shall Individuals who provide are
29 providing contracted services to any such state agency may not
30 the Department of Health and Rehabilitative Services
31 constitute more than 25 percent of the membership of a
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1 district committee. Persons related to each other by
2 consanguinity or affinity within the third degree may shall
3 not serve on the same district human rights advocacy committee
4 at the same time. All members of district human rights
5 advocacy committees must successfully complete a standardized
6 training course for committee members within 3 months after
7 their appointment to a committee. A member may not be
8 assigned an investigation that which requires access to
9 confidential information prior to the completion of the
10 training course. After he or she completes the required
11 training course, a member of a committee may shall not be
12 prevented from participating in any activity of that
13 committee, including investigations and monitoring, except due
14 to a conflict of interest as described in the procedures
15 established by the Statewide Human Rights Advocacy Committee
16 pursuant to subsection (7).
17 (3)(a) With respect to existing committees, each
18 member shall serve a term of 4 years. Upon expiration of a
19 term and in the case of any other vacancy, the district
20 committee shall appoint a replacement by majority vote of the
21 committee, subject to the approval of the Governor. A member
22 may serve no more than two consecutive terms.
23 (b)1. The Governor shall appoint the first 4 members
24 of any newly created committee; and those 4 members shall
25 select the remaining 11 members, subject to approval of the
26 Governor. If any of the first four members are not appointed
27 within 60 days after of a request is being submitted to the
28 Governor, those members shall be appointed by a majority vote
29 of the district committee without further action by the
30 Governor.
31
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1 2. Members shall serve for no more than two
2 consecutive terms of 3 years, except that at the time of
3 initial appointment, terms shall be staggered so that the
4 first six members appointed serve for terms of 2 years and the
5 remaining five members serve for terms of 3 years. Vacancies
6 shall be filled as provided in subparagraph 1.
7 (c) If no action is taken by the Governor to approve
8 or disapprove a replacement of a member pursuant to this
9 paragraph within 30 days after the district committee has
10 notified the Governor of the appointment, then the appointment
11 of the replacement shall be considered approved.
12 (d) The limitation on the number of terms a member may
13 serve applies without regard to whether a term was served
14 before or after October 1, 1989.
15 (4) Each committee shall elect a chairperson for a
16 term of 1 year. A person may not serve as chairperson for
17 more than two consecutive terms. The chairperson's term
18 expires on the anniversary of the chairperson's election.
19 (5) If In the event that a committee member fails to
20 attend two-thirds of the regular committee meetings during the
21 course of a year, it shall be the responsibility of the
22 committee to replace such member. If a district committee
23 member violates is in violation of the provisions of this
24 section subsection or procedures adopted under this section
25 thereto, a district committee may recommend to the Governor
26 that the such member be removed.
27 (6) A member of a district committee shall receive no
28 compensation but is shall receive per diem and shall be
29 entitled to be reimbursed for per diem and travel expenses as
30 provided in s. 112.061. Members may be provided reimbursement
31 for long-distance telephone calls if such calls were necessary
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1 to an investigation of an abuse or deprivation of human
2 rights.
3 (7) A district human rights advocacy committee shall
4 first seek to resolve a complaint with the appropriate local
5 administration, agency, or program; any matter not resolved by
6 the district committee shall be referred to the Statewide
7 Human Rights Advocacy Committee. A district human rights
8 advocacy committee shall comply with appeal procedures
9 established by the Statewide Human Rights Advocacy Committee.
10 The duties, actions, and procedures of both new and existing
11 district human rights advocacy committees shall conform to the
12 provisions of ss. 402.164-402.167 this act. The duties of
13 each district human rights advocacy committee shall include,
14 but are not limited to:
15 (a) Serving as an independent third-party mechanism
16 for protecting the constitutional and human rights of any
17 client within a program or facility operated, funded,
18 licensed, or regulated by a state agency that provides client
19 services the Department of Health and Rehabilitative Services.
20 (b) Monitoring, by site visit and inspection of
21 records, the delivery and use of services, programs or
22 facilities operated, funded, regulated, or licensed by a state
23 agency that provides client services the Department of Health
24 and Rehabilitative Services for the purpose of preventing
25 abuse or deprivation of the constitutional and human rights of
26 clients. A district human rights advocacy committee may
27 conduct an unannounced site visit or monitoring visit that
28 involves the inspection of records if the such visit is
29 conditioned upon a complaint. A complaint may be generated by
30 the committee itself if information from a state agency that
31 provides client services the Department of Health and
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1 Rehabilitative Services or other sources indicates a situation
2 at the program or facility which that indicates possible abuse
3 or neglect of clients. The district human rights advocacy
4 committees shall follow uniform criteria established by the
5 Statewide Human Rights Advocacy Committee for the review of
6 information and generation of complaints. Routine program
7 monitoring and reviews that do not require an examination of
8 records may be made unannounced.
9 (c) Receiving, investigating, and resolving reports of
10 abuse or deprivation of constitutional and human rights.
11 (d) Reviewing and making recommendations regarding how
12 a client's recommendation with respect to the involvement by
13 clients of the Department of Health and Rehabilitative
14 Services as subjects for research projects, prior to
15 implementation, insofar as their human rights might be are
16 affected by the client's participation in a proposed research
17 project, prior to implementation of the project.
18 (e) Reviewing existing programs or services and
19 proposed new or revised programs of client services the
20 Department of Health and Rehabilitative Services and making
21 recommendations as to how these programs affect the rights of
22 clients are affected.
23 (f) Appealing to the state committee any complaint
24 unresolved at the district level. Any matter that constitutes
25 a threat to the life, safety, or health of a client or is
26 multidistrict in scope shall automatically be referred to the
27 Statewide Human Rights Advocacy Committee.
28 (g) Submitting an annual report by September 30 to the
29 Statewide Human Rights Advocacy Committee concerning
30 activities, recommendations, and complaints reviewed or
31 developed by the committee during the year.
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1 (h) Conducting meetings at least six times a year at
2 the call of the chairperson and at other times at the call of
3 the Governor, at the call of the Statewide Human Rights
4 Advocacy Committee, or by written request of a majority of the
5 members of the committee.
6 (8)(a) In the performance of its duties, a district
7 human rights advocacy committee shall have:
8 1. Access to all client records, files, and reports
9 from any program, service, or facility that is operated,
10 funded, licensed, or regulated by any state agency that
11 provides client services the Department of Children and Family
12 Services and any records that which are material to its
13 investigation and which are in the custody of any other agency
14 or department of government. The committee's investigation or
15 monitoring may shall not impede or obstruct matters under
16 investigation by law enforcement or judicial authorities.
17 Access may shall not be granted if a specific procedure or
18 prohibition for reviewing records is required by federal law
19 and regulation which supersedes state law. Access may shall
20 not be granted to the records of a private licensed
21 practitioner who is providing services outside agencies and
22 facilities and whose client is competent and refuses
23 disclosure.
24 2. Standing to petition the circuit court for access
25 to client records that which are confidential as specified by
26 law. The petition must shall state the specific reasons for
27 which the committee is seeking access and the intended use of
28 such information. The court may authorize committee access to
29 such records upon a finding that such access is directly
30 related to an investigation regarding the possible deprivation
31 of constitutional or human rights or the abuse of a client.
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1 Original client files, records, and reports may shall not be
2 removed from a state agency Department of Children and Family
3 Services or agency facilities. Upon no circumstances shall
4 The committee may not have access to confidential adoption
5 records, in accordance with the provisions of ss. 39.0132,
6 63.022, and 63.162. Upon completion of a general investigation
7 of practices and procedures followed by a state agency in
8 providing client services of the Department of Children and
9 Family Services, the committee shall report its findings to
10 the appropriate state agency that department.
11 (b) All information obtained or produced by the
12 committee which is made confidential by law, which relates to
13 the identity of any client or group of clients subject to the
14 protection of this section, or which relates to the identity
15 of an individual who provides information to the committee
16 about abuse or alleged violations of constitutional or human
17 rights, is confidential and exempt from the provisions of s.
18 119.07(1) and s. 24(a), Art. I of the State Constitution.
19 (c) Portions of meetings of a district human rights
20 advocacy committee which relate to the identity of any client
21 or group of clients subject to the protections of this
22 section, which relate to the identity of an individual who
23 provides information to the committee about abuse or alleged
24 violations of constitutional or human rights, or wherein
25 testimony is provided relating to records otherwise made
26 confidential by law, are exempt from the provisions of s.
27 286.011 and s. 24(b), Art. I of the State Constitution.
28 (d) All records prepared by members of the committee
29 which reflect a mental impression, investigative strategy, or
30 theory are exempt from the provisions of s. 119.07(1) and s.
31 24(a), Art. I of the State Constitution until the
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1 investigation is completed or until the investigation ceases
2 to be active. For purposes of this section, an investigation
3 is considered "active" while such investigation is being
4 conducted by the committee with a reasonable, good faith
5 belief that it may lead to a finding of abuse or of a
6 violation of human rights. An investigation does not cease to
7 be active so long as the committee is proceeding with
8 reasonable dispatch and there is a good faith belief that
9 action may be initiated by the committee or other
10 administrative or law enforcement agency.
11 (e) Any person who knowingly and willfully discloses
12 any such confidential information commits is guilty of a
13 misdemeanor of the second degree, punishable as provided in s.
14 775.082 or s. 775.083.
15 Section 4. Section 402.167, Florida Statutes, is
16 amended to read:
17 402.167 Department Duties of the state agencies that
18 provide client services relating to the Statewide Human Rights
19 Advocacy Committee and the District Human Rights Advocacy
20 Committees.--
21 (1) Each state agency that provides client services
22 The Department of Health and Rehabilitative Services shall
23 adopt rules that which are consistent with law, amended to
24 reflect any statutory changes, and that which rules address at
25 least the following:
26 (a) Procedures by which Department of Health and
27 Rehabilitative Services district staff of the state agencies
28 refer reports of abuse to district human rights advocacy
29 committees.
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1 (b) Procedures by which client information is made
2 available to members of the Statewide Human Rights Advocacy
3 Committee and the district human rights advocacy committees.
4 (c) Procedures by which recommendations made by human
5 rights advocacy committees will be incorporated into
6 Department of Health and Rehabilitative Services policies and
7 procedures of the state agencies.
8 (d) Procedures by which committee members are
9 reimbursed for authorized expenditures.
10 (2) The Department of Children and Family Health and
11 Rehabilitative Services shall provide for the location of
12 district human rights advocacy committees in district
13 headquarters offices and shall provide necessary equipment and
14 office supplies, including, but not limited to, clerical and
15 word processing services, photocopiers, telephone services,
16 and stationery and other necessary supplies.
17 (3) The secretaries or directors of the state agencies
18 secretary shall ensure the full cooperation and assistance of
19 employees of their respective state agencies the Department of
20 Health and Rehabilitative Services with members and staff of
21 the statewide and district human rights advocacy committees.
22 Further, the secretaries or directors of the state agencies
23 secretary shall ensure that, to the extent possible, staff
24 assigned to the Statewide Human Rights Advocacy Committees and
25 district human rights advocacy committees are free of
26 interference from or control by any of the state agencies the
27 department in performing their duties relative to those
28 committees.
29 Section 5. This act shall take effect July 1, 1999.
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2 SENATE SUMMARY
3 Expands the duties of the Statewide Human Rights Advocacy
Committee and the district human rights advocacy
4 committees to require that the committees monitor and
investigate allegations of abuse of human or
5 constitutional rights by state agencies that provide
client services under ch. 39, ch. 393, ch. 394, ch. 400,
6 ch. 409, ch. 411, ch. 414, ch. 415, or ch. 916, F.S.
Provides rulemaking authority for the state agencies that
7 are subject to investigation by the statewide committee
and the district committees.
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