House Bill 2009
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Florida House of Representatives - 1999 HB 2009
By Representative Littlefield
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 terms "client" and "client
8 services" as used in ss. 402.164-402.167, F.S.;
9 amending s. 402.165, F.S.; providing for the
10 Statewide Human Rights Advocacy Committee to
11 monitor the activities of, and investigate
12 complaints against, state agencies that provide
13 client services; amending s. 402.166, F.S.;
14 revising the duties of the district human
15 rights advocacy committees to conform to the
16 expanded duties of the statewide committee;
17 amending s. 402.167, F.S.; providing rulemaking
18 authority to the state agencies subject to
19 investigation by the human rights advocacy
20 committees; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 402.164, Florida Statutes, is
25 created to read:
26 402.164 Legislative intent; definition.--
27 (1)(a) It is the intent of the Legislature to use
28 citizen volunteers as members of the Statewide Human Rights
29 Advocacy Committee and the district human rights advocacy
30 committees, and to have volunteers operate a network of
31 committees that shall, without interference by an executive
1
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1 agency, undertake to discover, monitor, investigate, and
2 determine the presence of conditions or individuals that
3 constitute a threat to the rights, health, safety, or welfare
4 of persons who receive services from state agencies.
5 (b) It is the further intent of the Legislature that
6 the monitoring and investigation shall safeguard the health,
7 safety, and welfare of consumers of services provided by these
8 state agencies.
9 (2) As used in ss. 402.164-402.167 the term:
10 (a) "Client" means a recipient of one or more of the
11 services provided to individuals described in chapter 39,
12 chapter 393, chapter 394, chapter 397, part III, part V, or
13 part VIII of chapter 400, chapter 409, chapter 411, chapter
14 414, chapter 415, or chapter 916, which services are provided
15 by a state agency or a service provider regulated, funded, or
16 licensed by a state agency.
17 (b) "Client services" means services or programs
18 provided to a client.
19 Section 2. Section 402.165, Florida Statutes, 1998
20 Supplement, is amended to read:
21 402.165 Statewide Human Rights Advocacy Committee;
22 confidential records and meetings.--
23 (1) There is created within the Department of Children
24 and Family Health and Rehabilitative Services a Statewide
25 Human Rights Advocacy Committee. The Department of Children
26 and Family Health and Rehabilitative Services shall provide
27 administrative support and service to the committee to the
28 extent requested by the executive director within available
29 resources. The Statewide Human Rights Advocacy Committee is
30 shall not be subject to control, supervision, or direction by
31 the Department of Children and Family Health and
2
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1 Rehabilitative Services in the performance of its duties. The
2 committee shall consist of 15 residents of this state
3 citizens, one from each service district of the Department of
4 Children and Family Health and Rehabilitative Services, who
5 broadly represent the interests of the public and the clients
6 of one of the state agencies that provide client services that
7 department. The members shall be representative of five
8 groups of state residents citizens as follows: one elected
9 public official; two providers who deliver client services or
10 programs to clients of the Department of Health and
11 Rehabilitative Services; four nonsalaried representatives of
12 nonprofit agencies or civic groups; four representatives of
13 health and rehabilitative services consumer groups who are
14 currently receiving, or have received, client services from
15 the Department of Health and Rehabilitative Services within
16 the past 4 years, at least one of whom must be a consumer of
17 one or more client services; and four residents of the state
18 who do not represent any of the foregoing groups, two of whom
19 represent health-related professions and two of whom represent
20 the legal profession. In appointing the representatives of
21 the health-related professions, the appointing authority shall
22 give priority of consideration to a physician licensed under
23 chapter 458 or chapter 459; and, in appointing the
24 representatives of the legal profession, the appointing
25 authority shall give priority of consideration to a member in
26 good standing of The Florida Bar. Except for the member who is
27 an elected public official, each member of the Statewide Human
28 Rights Advocacy Committee must have served as a member of a
29 district human rights advocacy committee. Persons related to
30 each other by consanguinity or affinity within the third
31
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1 degree may not serve on the Statewide Human Rights Advocacy
2 Committee at the same time.
3 (2) Members of the Statewide Human Rights Advocacy
4 Committee shall be appointed to serve terms of 3 years. A
5 member may not serve more than two consecutive terms. The
6 limitation on the number of terms a member may serve applies
7 without regard to whether a term was served before or after
8 October 1, 1989.
9 (3) If a member of the Statewide Human Rights Advocacy
10 Committee fails to attend two-thirds of the regular committee
11 meetings during the course of a year, the position held by
12 such member may be deemed vacant by the committee. The
13 Governor shall fill the vacancy pursuant to subsection (4). If
14 a member of the Statewide Human Rights Advocacy Committee
15 violates is in violation of the provisions of this section or
16 procedures adopted under this section thereto, the committee
17 may recommend to the Governor that the such member be removed.
18 (4) The Governor shall fill each vacancy on the
19 Statewide Human Rights Advocacy Committee from a list of
20 nominees submitted by the statewide committee. A list of
21 candidates shall be submitted to the statewide committee by
22 the district human rights advocacy committee in the district
23 from which the vacancy occurs. Priority of consideration
24 shall be given to the appointment of an individual whose
25 primary interest, experience, or expertise lies with a major
26 client group who are receiving one or more client services and
27 are of the Department of Health and Rehabilitative Services
28 not represented on the committee at the time of the
29 appointment. If an appointment is not made within 60 days
30 after a vacancy occurs on the committee, the vacancy shall be
31 filled by a majority vote of the statewide committee without
4
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1 further action by the Governor. A No person who is employed by
2 any state agency that provides client services the Department
3 of Health and Rehabilitative Services may not be appointed to
4 the committee.
5 (5)(a) Members of the Statewide Human Rights Advocacy
6 Committee shall receive no compensation, but are shall be
7 entitled to be reimbursed for per diem and travel expenses in
8 accordance with s. 112.061.
9 (b) The committee shall select an executive director
10 who shall serve at the pleasure of the committee and shall
11 perform the duties delegated to him or her by the committee.
12 The compensation of the executive director shall be
13 established in accordance with the rules of the Selected
14 Exempt Service.
15 (c) The committee may apply for, receive, and accept
16 grants, gifts, donations, bequests, and other payments
17 including money or property, real or personal, tangible or
18 intangible, and service from any governmental or other public
19 or private entity or person and make arrangements as to the
20 use of same.
21 (d) The Statewide Human Rights Advocacy Committee
22 shall annually prepare a budget request that may shall not be
23 changed subject to change by department staff after it is
24 approved by the committee, but the budget request shall be
25 submitted to the Governor by the department for transmittal to
26 the Legislature. The budget must shall include a request for
27 funds to carry out the activities of the Statewide Human
28 Rights Advocacy Committee and the district human rights
29 advocacy committees.
30 (6) The members of the Statewide Human Rights Advocacy
31 Committee shall elect a chairperson to a term of 1 year. A
5
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1 person may not serve as chairperson for more than two
2 consecutive terms.
3 (7) The responsibilities of the committee include, but
4 are not limited to:
5 (a) Serving as an independent third-party mechanism
6 for protecting the constitutional and human rights of clients
7 any client within programs a program or facilities facility
8 operated, funded, licensed, or regulated by any state agency
9 that provides client services the Department of Health and
10 Rehabilitative Services.
11 (b) Monitoring by site visit and inspection of
12 records, the delivery and use of services, programs, or
13 facilities operated, funded, regulated, or licensed by any
14 state agency that provides client services the Department of
15 Health and Rehabilitative Services for the purpose of
16 preventing abuse or deprivation of the constitutional and
17 human rights of clients. The Statewide Human Rights Advocacy
18 Committee may conduct an unannounced site visit or monitoring
19 visit that involves the inspection of records if such visit is
20 conditioned upon a complaint. A complaint may be generated by
21 the committee itself if information from any state agency that
22 provides client services the Department of Health and
23 Rehabilitative Services or from other sources indicates a
24 situation at the program or facility that indicates possible
25 abuse or neglect of clients. The Statewide Human Rights
26 Advocacy Committee shall establish and follow uniform criteria
27 for the review of information and generation of complaints.
28 Routine program monitoring and reviews that do not require an
29 examination of records may be made unannounced.
30 (c) Receiving, investigating, and resolving reports of
31 abuse or deprivation of constitutional and human rights
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1 referred to the Statewide Human Rights Advocacy Committee by a
2 district human rights advocacy committee. If a matter
3 constitutes a threat to the life, safety, or health of clients
4 or is multidistrict in scope, the Statewide Human Rights
5 Advocacy Committee may exercise such powers without the
6 necessity of a referral from a district committee.
7 (d) Reviewing existing programs or services and new or
8 revised programs of the state agencies that provide client
9 services Department of Health and Rehabilitative Services and
10 making recommendations as to how the rights of clients are
11 affected.
12 (e) Submitting an annual report to the Legislature, no
13 later than December 30 of each calendar year, concerning
14 activities, recommendations, and complaints reviewed or
15 developed by the committee during the year.
16 (f) Conducting meetings at least six times a year at
17 the call of the chairperson and at other times at the call of
18 the Governor or by written request of six members of the
19 committee.
20 (g) Developing and adopting uniform procedures to be
21 used to carry out the purpose and responsibilities of the
22 human rights advocacy committees, which procedures shall
23 include, but need not be limited to, the following:
24 1. The responsibilities of the committee;
25 2. The organization and operation of the statewide
26 committee and district committees, including procedures for
27 replacing a member, formats for maintaining records of
28 committee activities, and criteria for determining what
29 constitutes a conflict of interest for purposes of assigning
30 and conducting investigations and monitoring;
31
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1 3. Uniform procedures for the statewide committee and
2 district committees to receive and investigate reports of
3 abuse of constitutional or human rights;
4 4. The responsibilities and relationship of the
5 district human rights advocacy committees to the statewide
6 committee;
7 5. The relationship of the committee to the state
8 agencies that receive and investigate reports of abuse and
9 neglect of children or adults Department of Health and
10 Rehabilitative Services, including the way in which reports of
11 findings and recommendations related to reported abuse are
12 given to the appropriate state agency that provides client
13 services Department of Health and Rehabilitative Services;
14 6. Provision for cooperation with the State Long-Term
15 Care Ombudsman Council;
16 7. Procedures for appeal. An appeal to the state
17 committee is made by a district human rights advocacy
18 committee when a valid complaint is not resolved at the
19 district level. The statewide committee may appeal an
20 unresolved complaint to the secretary or director of the
21 appropriate state agency that provides client services
22 Department of Health and Rehabilitative Services. If, after
23 exhausting all remedies, the statewide committee is not
24 satisfied that the complaint can be resolved within the state
25 agency Department of Health and Rehabilitative Services, the
26 appeal may be referred to the Governor or the Legislature;
27 8. Uniform procedures for gaining access to and
28 maintaining confidential information; and
29 9. Definitions of misfeasance and malfeasance for
30 members of the statewide committee and district committees.
31
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1 (h) Monitoring the performance and activities of all
2 district committees and providing technical assistance to
3 members and staff of district committees.
4 (i) Providing for the development and presentation of
5 a standardized training program for members of district
6 committees.
7 (8)(a) In the performance of its duties, the Statewide
8 Human Rights Advocacy Committee shall have:
9 1. Authority to receive, investigate, seek to
10 conciliate, hold hearings on, and act on complaints that which
11 allege any abuse or deprivation of constitutional or human
12 rights of clients.
13 2. Access to all client records, files, and reports
14 from any program, service, or facility that is operated,
15 funded, licensed, or regulated by any state agency that
16 provides client services the Department of Children and Family
17 Services and any records that which are material to its
18 investigation and which are in the custody of any other agency
19 or department of government. The committee's investigation or
20 monitoring may shall not impede or obstruct matters under
21 investigation by law enforcement or judicial authorities.
22 Access may shall not be granted if a specific procedure or
23 prohibition for reviewing records is required by federal law
24 and regulation that which supersedes state law. Access may
25 shall not be granted to the records of a private licensed
26 practitioner who is providing services outside the state
27 agencies, or outside a state facility, and facilities and
28 whose client is competent and refuses disclosure.
29 3. Standing to petition the circuit court for access
30 to client records that which are confidential as specified by
31 law. The petition must shall state the specific reasons for
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1 which the committee is seeking access and the intended use of
2 such information. The court may authorize committee access to
3 such records upon a finding that such access is directly
4 related to an investigation regarding the possible deprivation
5 of constitutional or human rights or the abuse of a client.
6 Original client files, records, and reports may shall not be
7 removed from a state agency the Department of Children and
8 Family Services or agency facilities. Under no circumstance
9 shall The committee may not have access to confidential
10 adoption records in accordance with the provisions of ss.
11 39.0132, 63.022, and 63.162. Upon completion of a general
12 investigation of practices and procedures of a state agency
13 the Department of Children and Family Services, the committee
14 shall report its findings to that agency department.
15 (b) All information obtained or produced by the
16 committee which is made confidential by law, which relates to
17 the identity of any client or group of clients subject to the
18 protections of this section, or which relates to the identity
19 of an individual who provides information to the committee
20 about abuse or alleged violations of constitutional or human
21 rights, is confidential and exempt from the provisions of s.
22 119.07(1) and s. 24(a), Art. I of the State Constitution.
23 (c) Portions of meetings of the Statewide Human Rights
24 Advocacy Committee which relate to the identity of any client
25 or group of clients subject to the protections of this
26 section, which relate to the identity of an individual who
27 provides information to the committee about abuse or alleged
28 violations of constitutional or human rights, or wherein
29 testimony is provided relating to records otherwise made
30 confidential by law, are exempt from the provisions of s.
31 286.011 and s. 24(b), Art. I of the State Constitution.
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1 (d) All records prepared by members of the committee
2 which reflect a mental impression, investigative strategy, or
3 theory are exempt from the provisions of s. 119.07(1) and s.
4 24(a), Art. I of the State Constitution until the
5 investigation is completed or until the investigation ceases
6 to be active. For purposes of this section, an investigation
7 is considered "active" while such investigation is being
8 conducted by the committee with a reasonable, good faith
9 belief that it may lead to a finding of abuse or of a
10 violation of human rights. An investigation does not cease to
11 be active so long as the committee is proceeding with
12 reasonable dispatch and there is a good faith belief that
13 action may be initiated by the committee or other
14 administrative or law enforcement agency.
15 (e) Any person who knowingly and willfully discloses
16 any such confidential information commits is guilty of a
17 misdemeanor of the second degree, punishable as provided in s.
18 775.082 or s. 775.083.
19 Section 3. Section 402.166, Florida Statutes, 1998
20 Supplement, is amended to read:
21 402.166 District human rights advocacy committees;
22 confidential records and meetings.--
23 (1) At least one district human rights advocacy
24 committee is created in each service district of the
25 Department of Children and Family Health and Rehabilitative
26 Services. The district human rights advocacy committees shall
27 be subject to direction from and the supervision of the
28 Statewide Human Rights Advocacy Committee. The district
29 administrator shall assign staff to provide administrative
30 support to the committees, and staff assigned to these
31 positions shall perform the functions required by the
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1 committee without interference from the department. The
2 district committees shall direct the activities of staff
3 assigned to them to the extent necessary for the committees to
4 carry out their duties. The number and areas of
5 responsibility of the district human rights advocacy
6 committees, not to exceed three in any district, shall be
7 determined by the majority vote of district committee members.
8 However, district 2 II may have four committees. District
9 committees shall meet at facilities under their jurisdiction
10 whenever possible.
11 (2) Each district human rights advocacy committee
12 shall have no fewer than 7 members and no more than 15
13 members, 25 percent of whom are or have been recipients of one
14 or more client services clients of the Department of Health
15 and Rehabilitative Services within the last 4 years, except
16 that one member of this group may be an immediate relative or
17 legal representative of a current or former client; two
18 providers, who deliver client services or programs to clients
19 of the Department of Health and Rehabilitative Services; and
20 two representatives of professional organizations, one of whom
21 represents health-related professions and one of whom
22 represents the legal profession. Priority of consideration
23 shall be given to the appointment of at least one medical or
24 osteopathic physician, as defined in chapters 458 and 459, and
25 one member in good standing of The Florida Bar. Priority of
26 consideration shall also be given to the appointment of an
27 individual whose primary interest, experience, or expertise
28 lies with a major client group receiving client services which
29 is of the Department of Health and Rehabilitative Services not
30 represented on the committee at the time of the appointment.
31 In no case shall A person who is employed by a state agency
12
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1 that provides client services may not the Department of Health
2 and Rehabilitative Services be selected as a member of a
3 committee. At no time shall Individuals who provide are
4 providing contracted services to any such state agency may not
5 the Department of Health and Rehabilitative Services
6 constitute more than 25 percent of the membership of a
7 district committee. Persons related to each other by
8 consanguinity or affinity within the third degree may shall
9 not serve on the same district human rights advocacy committee
10 at the same time. All members of district human rights
11 advocacy committees must successfully complete a standardized
12 training course for committee members within 3 months after
13 their appointment to a committee. A member may not be
14 assigned an investigation that which requires access to
15 confidential information prior to the completion of the
16 training course. After he or she completes the required
17 training course, a member of a committee may shall not be
18 prevented from participating in any activity of that
19 committee, including investigations and monitoring, except due
20 to a conflict of interest as described in the procedures
21 established by the Statewide Human Rights Advocacy Committee
22 pursuant to subsection (7).
23 (3)(a) With respect to existing committees, each
24 member shall serve a term of 4 years. Upon expiration of a
25 term and in the case of any other vacancy, the district
26 committee shall appoint a replacement by majority vote of the
27 committee, subject to the approval of the Governor. A member
28 may serve no more than two consecutive terms.
29 (b)1. The Governor shall appoint the first 4 members
30 of any newly created committee; and those 4 members shall
31 select the remaining 11 members, subject to approval of the
13
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1 Governor. If any of the first four members are not appointed
2 within 60 days after of a request is being submitted to the
3 Governor, those members shall be appointed by a majority vote
4 of the district committee without further action by the
5 Governor.
6 2. Members shall serve for no more than two
7 consecutive terms of 3 years, except that at the time of
8 initial appointment, terms shall be staggered so that the
9 first six members appointed serve for terms of 2 years and the
10 remaining five members serve for terms of 3 years. Vacancies
11 shall be filled as provided in subparagraph 1.
12 (c) If no action is taken by the Governor to approve
13 or disapprove a replacement of a member pursuant to this
14 paragraph within 30 days after the district committee has
15 notified the Governor of the appointment, then the appointment
16 of the replacement shall be considered approved.
17 (d) The limitation on the number of terms a member may
18 serve applies without regard to whether a term was served
19 before or after October 1, 1989.
20 (4) Each committee shall elect a chairperson for a
21 term of 1 year. A person may not serve as chairperson for
22 more than two consecutive terms. The chairperson's term
23 expires on the anniversary of the chairperson's election.
24 (5) If In the event that a committee member fails to
25 attend two-thirds of the regular committee meetings during the
26 course of a year, it shall be the responsibility of the
27 committee to replace such member. If a district committee
28 member violates is in violation of the provisions of this
29 section subsection or procedures adopted under this section
30 thereto, a district committee may recommend to the Governor
31 that the such member be removed.
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1 (6) A member of a district committee shall receive no
2 compensation but is shall receive per diem and shall be
3 entitled to be reimbursed for per diem and travel expenses as
4 provided in s. 112.061. Members may be provided reimbursement
5 for long-distance telephone calls if such calls were necessary
6 to an investigation of an abuse or deprivation of human
7 rights.
8 (7) A district human rights advocacy committee shall
9 first seek to resolve a complaint with the appropriate local
10 administration, agency, or program; any matter not resolved by
11 the district committee shall be referred to the Statewide
12 Human Rights Advocacy Committee. A district human rights
13 advocacy committee shall comply with appeal procedures
14 established by the Statewide Human Rights Advocacy Committee.
15 The duties, actions, and procedures of both new and existing
16 district human rights advocacy committees shall conform to the
17 provisions of ss. 402.164-402.167 this act. The duties of
18 each district human rights advocacy committee shall include,
19 but are not limited to:
20 (a) Serving as an independent third-party mechanism
21 for protecting the constitutional and human rights of any
22 client within a program or facility operated, funded,
23 licensed, or regulated by a state agency that provides client
24 services the Department of Health and Rehabilitative Services.
25 (b) Monitoring, by site visit and inspection of
26 records, the delivery and use of services, programs or
27 facilities operated, funded, regulated, or licensed by a state
28 agency that provides client services the Department of Health
29 and Rehabilitative Services for the purpose of preventing
30 abuse or deprivation of the constitutional and human rights of
31 clients. A district human rights advocacy committee may
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1 conduct an unannounced site visit or monitoring visit that
2 involves the inspection of records if the such visit is
3 conditioned upon a complaint. A complaint may be generated by
4 the committee itself if information from a state agency that
5 provides client services the Department of Health and
6 Rehabilitative Services or other sources indicates a situation
7 at the program or facility which that indicates possible abuse
8 or neglect of clients. The district human rights advocacy
9 committees shall follow uniform criteria established by the
10 Statewide Human Rights Advocacy Committee for the review of
11 information and generation of complaints. Routine program
12 monitoring and reviews that do not require an examination of
13 records may be made unannounced.
14 (c) Receiving, investigating, and resolving reports of
15 abuse or deprivation of constitutional and human rights.
16 (d) Reviewing and making recommendations regarding how
17 a client's recommendation with respect to the involvement by
18 clients of the Department of Health and Rehabilitative
19 Services as subjects for research projects, prior to
20 implementation, insofar as their human rights might be are
21 affected by the client's participation in a proposed research
22 project, prior to implementation of the project.
23 (e) Reviewing existing programs or services and
24 proposed new or revised programs of client services the
25 Department of Health and Rehabilitative Services and making
26 recommendations as to how these programs affect the rights of
27 clients are affected.
28 (f) Appealing to the state committee any complaint
29 unresolved at the district level. Any matter that constitutes
30 a threat to the life, safety, or health of a client or is
31
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1 multidistrict in scope shall automatically be referred to the
2 Statewide Human Rights Advocacy Committee.
3 (g) Submitting an annual report by September 30 to the
4 Statewide Human Rights Advocacy Committee concerning
5 activities, recommendations, and complaints reviewed or
6 developed by the committee during the year.
7 (h) Conducting meetings at least six times a year at
8 the call of the chairperson and at other times at the call of
9 the Governor, at the call of the Statewide Human Rights
10 Advocacy Committee, or by written request of a majority of the
11 members of the committee.
12 (8)(a) In the performance of its duties, a district
13 human rights advocacy committee shall have:
14 1. Access to all client records, files, and reports
15 from any program, service, or facility that is operated,
16 funded, licensed, or regulated by any state agency that
17 provides client services the Department of Children and Family
18 Services and any records that which are material to its
19 investigation and which are in the custody of any other agency
20 or department of government. The committee's investigation or
21 monitoring may shall not impede or obstruct matters under
22 investigation by law enforcement or judicial authorities.
23 Access may shall not be granted if a specific procedure or
24 prohibition for reviewing records is required by federal law
25 and regulation which supersedes state law. Access may shall
26 not be granted to the records of a private licensed
27 practitioner who is providing services outside agencies and
28 facilities and whose client is competent and refuses
29 disclosure.
30 2. Standing to petition the circuit court for access
31 to client records that which are confidential as specified by
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1 law. The petition must shall state the specific reasons for
2 which the committee is seeking access and the intended use of
3 such information. The court may authorize committee access to
4 such records upon a finding that such access is directly
5 related to an investigation regarding the possible deprivation
6 of constitutional or human rights or the abuse of a client.
7 Original client files, records, and reports may shall not be
8 removed from a state agency Department of Children and Family
9 Services or agency facilities. Upon no circumstances shall
10 The committee may not have access to confidential adoption
11 records, in accordance with the provisions of ss. 39.0132,
12 63.022, and 63.162. Upon completion of a general investigation
13 of practices and procedures followed by a state agency in
14 providing client services of the Department of Children and
15 Family Services, the committee shall report its findings to
16 the appropriate state agency that department.
17 (b) All information obtained or produced by the
18 committee which is made confidential by law, which relates to
19 the identity of any client or group of clients subject to the
20 protection of this section, or which relates to the identity
21 of an individual who provides information to the committee
22 about abuse or alleged violations of constitutional or human
23 rights, is confidential and exempt from the provisions of s.
24 119.07(1) and s. 24(a), Art. I of the State Constitution.
25 (c) Portions of meetings of a district human rights
26 advocacy committee which relate to the identity of any client
27 or group of clients subject to the protections of this
28 section, which relate to the identity of an individual who
29 provides information to the committee about abuse or alleged
30 violations of constitutional or human rights, or wherein
31 testimony is provided relating to records otherwise made
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1 confidential by law, are exempt from the provisions of s.
2 286.011 and s. 24(b), Art. I of the State Constitution.
3 (d) All records prepared by members of the committee
4 which reflect a mental impression, investigative strategy, or
5 theory are exempt from the provisions of s. 119.07(1) and s.
6 24(a), Art. I of the State Constitution until the
7 investigation is completed or until the investigation ceases
8 to be active. For purposes of this section, an investigation
9 is considered "active" while such investigation is being
10 conducted by the committee with a reasonable, good faith
11 belief that it may lead to a finding of abuse or of a
12 violation of human rights. An investigation does not cease to
13 be active so long as the committee is proceeding with
14 reasonable dispatch and there is a good faith belief that
15 action may be initiated by the committee or other
16 administrative or law enforcement agency.
17 (e) Any person who knowingly and willfully discloses
18 any such confidential information commits is guilty of a
19 misdemeanor of the second degree, punishable as provided in s.
20 775.082 or s. 775.083.
21 Section 4. Section 402.167, Florida Statutes, is
22 amended to read:
23 402.167 Department Duties of the state agencies that
24 provide client services relating to the Statewide Human Rights
25 Advocacy Committee and the District Human Rights Advocacy
26 Committees.--
27 (1) Each state agency that provides client services
28 The Department of Health and Rehabilitative Services shall
29 adopt rules that which are consistent with law, amended to
30 reflect any statutory changes, and that which rules address at
31 least the following:
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1 (a) Procedures by which Department of Health and
2 Rehabilitative Services district staff of the state agencies
3 refer reports of abuse to district human rights advocacy
4 committees.
5 (b) Procedures by which client information is made
6 available to members of the Statewide Human Rights Advocacy
7 Committee and the district human rights advocacy committees.
8 (c) Procedures by which recommendations made by human
9 rights advocacy committees will be incorporated into
10 Department of Health and Rehabilitative Services policies and
11 procedures of the state agencies.
12 (d) Procedures by which committee members are
13 reimbursed for authorized expenditures.
14 (2) The Department of Children and Family Health and
15 Rehabilitative Services shall provide for the location of
16 district human rights advocacy committees in district
17 headquarters offices and shall provide necessary equipment and
18 office supplies, including, but not limited to, clerical and
19 word processing services, photocopiers, telephone services,
20 and stationery and other necessary supplies.
21 (3) The secretaries or directors of the state agencies
22 secretary shall ensure the full cooperation and assistance of
23 employees of their respective state agencies the Department of
24 Health and Rehabilitative Services with members and staff of
25 the statewide and district human rights advocacy committees.
26 Further, the secretaries or directors of the state agencies
27 secretary shall ensure that, to the extent possible, staff
28 assigned to the Statewide Human Rights Advocacy Committees and
29 district human rights advocacy committees are free of
30 interference from or control by any of the state agencies the
31
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1 department in performing their duties relative to those
2 committees.
3 Section 5. This act shall take effect July 1, 1999.
4
5 *****************************************
6 LEGISLATIVE SUMMARY
7 Expands the duties of the Statewide Human Rights Advocacy
Committee and the district human rights advocacy
8 committees to require that the committees monitor and
investigate allegations of abuse of human or
9 constitutional rights by state agencies that provide
client services under ch. 39, ch. 393, ch. 394, ch. 400,
10 ch. 409, ch. 411, ch. 414, ch. 415, or ch. 916, F.S.
Provides rulemaking authority for the state agencies that
11 are subject to investigation by the statewide committee
and the district committees.
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