House Bill 0845

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    Florida House of Representatives - 1999                 HB 845

        By Representative Wilson






  1                      A bill to be entitled

  2         An act relating to human rights; amending s.

  3         402.165, F.S.; redesignating the Statewide

  4         Human Rights Advocacy Committee as the

  5         Statewide Human Rights Advocacy Council;

  6         revising membership of the statewide council;

  7         increasing the term of appointment to the

  8         statewide council; amending s. 402.166, F.S.;

  9         redesignating the district human rights

10         advocacy committees as the local human rights

11         advocacy councils; providing for additional

12         local councils to be established; increasing

13         the term of appointment to a local council;

14         providing for appointing a vice chairperson to

15         each local council; providing for local

16         councils to monitor the activities of, and

17         investigate complaints against, the Department

18         of Children and Family Services; amending s.

19         402.167, F.S.; revising provisions to reflect

20         the redesignation of the human rights advocacy

21         committees as human rights advocacy councils;

22         amending ss. 39.001, 39.202, 39.302, 393.13,

23         394.459, 394.4595, 394.4597, 394.4598,

24         394.4599, 394.4615, 400.0067, 400.0089,

25         400.419, 400.428, 415.1034, 415.104, 415.1055,

26         415.106, 415.107, and 430.04, F.S.; conforming

27         terminology to changes made by the act;

28         providing an effective date.

29

30  Be It Enacted by the Legislature of the State of Florida:

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  1         Section 1.  Section 402.165, Florida Statutes, 1998

  2  Supplement, is amended to read:

  3         402.165  Statewide Human Rights Advocacy Council

  4  Committee; confidential records and meetings.--

  5         (1)  There is created within the Department of Children

  6  and Family Health and Rehabilitative Services a Statewide

  7  Human Rights Advocacy Council Committee. Members of the

  8  council shall represent the interests of clients who are

  9  served by the department.  The department of Health and

10  Rehabilitative Services shall provide administrative support

11  and service to the statewide council committee to the extent

12  requested by the executive director within available

13  resources.  The statewide council is Human Rights Advocacy

14  Committee shall not be subject to control, supervision, or

15  direction by the Department of Children and Family Health and

16  Rehabilitative Services in the performance of its duties. The

17  council committee shall consist of 15 citizens, one from each

18  service district of the department of Health and

19  Rehabilitative Services, who broadly represent the interests

20  of the public and the clients of that department.  The members

21  shall be representative of five groups of citizens as follows:

22  one provider one elected public official; two providers who

23  delivers deliver services or programs to clients of the

24  Department of Children and Family Health and Rehabilitative

25  Services; two four nonsalaried representatives of nonprofit

26  agencies or civic groups; four representatives of health and

27  rehabilitative services consumer groups who are currently

28  receiving, or have received, services from the Department of

29  Children and Family Health and Rehabilitative Services within

30  the past 4 years, at least one of whom must be a consumer; and

31  two four residents of the state who do not represent any of

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  1  the foregoing groups, one two of whom represents represent

  2  health-related professions and one two of whom represents

  3  represent the legal profession.  In appointing the

  4  representatives of the health-related professions, the

  5  appointing authority shall give priority of consideration to a

  6  physician licensed under chapter 458 or chapter 459; and, in

  7  appointing the representatives of the legal profession, the

  8  appointing authority shall give priority of consideration to a

  9  member in good standing of The Florida Bar.  Priority shall

10  also be given to appointing at least one elected official; one

11  additional health professional; one additional legal

12  professional; one additional provider; two additional

13  nonsalaried representatives of nonprofit agencies or civic

14  groups; and an individual whose primary area of interest,

15  experience, or expertise is a major client group of the

16  Department of Children and Family Services which is not

17  represented on the council at the time of appointment. Except

18  for the member who is an elected public official, each member

19  of the statewide council Human Rights Advocacy Committee must

20  have served as a member of a local district human rights

21  advocacy council, with priority consideration given to an

22  applicant who has served a full term on a local council

23  committee.  Persons related to each other by consanguinity or

24  affinity within the third degree may not serve on the

25  statewide council Human Rights Advocacy Committee at the same

26  time.

27         (2)  Members of the statewide council Human Rights

28  Advocacy Committee shall be appointed to serve terms of 4 3

29  years, retroactive to the members in office on July 1, 1998.

30  A member may not serve more than two full, consecutive terms.

31  The limitation on the number of terms a member may serve

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  1  applies without regard to whether a term was served before or

  2  after October 1, 1989.

  3         (3)  If a member of the statewide council Human Rights

  4  Advocacy Committee fails to attend two-thirds of the regular

  5  council committee meetings during the course of a year, the

  6  position held by such member may be deemed vacant by the

  7  council committee.  The Governor shall fill the vacancy

  8  pursuant to subsection (4). If a member of the statewide

  9  council violates Human Rights Advocacy Committee is in

10  violation of the provisions of this section or procedures

11  adopted under this section thereto, the council committee may

12  recommend to the Governor that such member be removed.

13         (4)  The Governor shall fill each vacancy on the

14  statewide council Human Rights Advocacy Committee from a list

15  of nominees submitted by the statewide council committee.  A

16  list of candidates shall be submitted to the statewide council

17  committee by the local council district human rights advocacy

18  committee in the district from which the vacancy occurs.

19  Priority of consideration shall be given to the appointment of

20  an individual whose primary interest, experience, or expertise

21  lies with a major client group of the Department of Children

22  and Family Health and Rehabilitative Services which is not

23  represented on the council committee at the time of the

24  appointment.  If an appointment is not made within 60 days

25  after a vacancy occurs on the council committee, the vacancy

26  shall be filled by a majority vote of the statewide council

27  committee without further action by the Governor. A No person

28  who is employed by the Department of Children and Family

29  Health and Rehabilitative Services may not be appointed to the

30  council committee.

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  1         (5)(a)  Members of the statewide council Human Rights

  2  Advocacy Committee shall receive no compensation, but are

  3  shall be entitled to be reimbursed for per diem and travel

  4  expenses in accordance with s. 112.061.

  5         (b)  The council committee shall select an executive

  6  director who shall serve at the pleasure of the council

  7  committee and shall perform the duties delegated to him or her

  8  by the council committee.  The compensation of the executive

  9  director shall be established in accordance with the rules of

10  the Selected Exempt Service.

11         (c)  The council committee may apply for, receive, and

12  accept grants, gifts, donations, bequests, and other payments

13  including money or property, real or personal, tangible or

14  intangible, and service from any governmental or other public

15  or private entity or person and make arrangements as to the

16  use of same.

17         (d)  The statewide council Human Rights Advocacy

18  Committee shall annually prepare a budget request that is

19  shall not be subject to change by department staff after it is

20  approved by the council committee, but the budget request

21  shall be submitted to the Governor by the department for

22  transmittal to the Legislature.  The budget must shall include

23  a request for funds to carry out the activities of the

24  statewide council Human Rights Advocacy Committee and the

25  local councils district human rights advocacy committees.

26         (6)  The members of the statewide council Human Rights

27  Advocacy Committee shall elect a chairperson and vice

28  chairperson to terms a term of 1 year.  A person may not serve

29  as chairperson or vice chairperson for more than two full,

30  consecutive terms.

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  1         (7)  The responsibilities of the council committee

  2  include, but are not limited to:

  3         (a)  Serving as an independent third-party mechanism

  4  for protecting the constitutional and human rights of any

  5  client within a program or facility operated, funded,

  6  licensed, or regulated by the Department of Children and

  7  Family Health and Rehabilitative Services.

  8         (b)  Monitoring by site visit and inspection of

  9  records, the delivery and use of services, programs, or

10  facilities operated, funded, regulated, or licensed by the

11  Department of Children and Family Health and Rehabilitative

12  Services for the purpose of preventing abuse or deprivation of

13  the constitutional and human rights of clients.  The statewide

14  council Human Rights Advocacy Committee may conduct an

15  unannounced site visit or monitoring visit that involves the

16  inspection of records if such visit is conditioned upon a

17  complaint.  A complaint may be generated by the council

18  committee itself if information from the Department of

19  Children and Family Health and Rehabilitative Services or

20  other sources indicates a situation at the program or facility

21  which that indicates possible abuse or neglect of clients.

22  The statewide council Human Rights Advocacy Committee shall

23  establish and follow uniform criteria for the review of

24  information and generation of complaints.  Routine program

25  monitoring and reviews that do not require an examination of

26  records may be made unannounced.

27         (c)  Receiving, investigating, and resolving reports of

28  abuse or deprivation of constitutional and human rights

29  referred to the statewide council Human Rights Advocacy

30  Committee by a local council district human rights advocacy

31  committee.  If a matter constitutes a threat to the life,

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  1  safety, or health of clients or is multidistrict in scope, the

  2  statewide council Human Rights Advocacy Committee may exercise

  3  such powers without the necessity of a referral from a local

  4  council district committee.

  5         (d)  Reviewing existing programs or services and new or

  6  revised programs of the Department of Children and Family

  7  Health and Rehabilitative Services and making recommendations

  8  as to how the rights of clients are affected.

  9         (e)  Submitting an annual report to the Legislature, no

10  later than December 30 of each calendar year, concerning

11  activities, recommendations, and complaints reviewed or

12  developed by the council committee during the year.

13         (f)  Conducting meetings at least six times a year at

14  the call of the chairperson and at other times at the call of

15  the Governor or by written request of six members of the

16  council committee.

17         (g)  Developing and adopting uniform procedures to be

18  used to carry out the purpose and responsibilities of the

19  statewide council and the local councils human rights advocacy

20  committees, which procedures must shall include, but need not

21  be limited to, the following:

22         1.  The responsibilities of the statewide council and

23  the local councils committee;

24         2.  The organization and operation of the statewide

25  council committee and the local councils district committees,

26  including procedures for replacing a member, formats for

27  maintaining records of council committee activities, and

28  criteria for determining what constitutes a conflict of

29  interest for purposes of assigning and conducting

30  investigations and monitoring;

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  1         3.  Uniform procedures for the statewide council

  2  committee and the local councils district committees to

  3  receive and investigate reports of abuse of constitutional or

  4  human rights;

  5         4.  The responsibilities and relationship of the local

  6  councils district human rights advocacy committees to the

  7  statewide council committee;

  8         5.  The relationship of the statewide council committee

  9  to the Department of Children and Family 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 Department of Children and Family Health and

13  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 statewide

17  council state committee is made by a local council district

18  human rights advocacy committee when a valid complaint is not

19  resolved at the local district level.  The statewide council

20  committee may appeal an unresolved complaint to the Secretary

21  of Children and Family the Department of Health and

22  Rehabilitative Services. If, after exhausting all remedies,

23  the statewide council committee is not satisfied that the

24  complaint can be resolved within the Department of Children

25  and Family Health and Rehabilitative Services, the appeal may

26  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 council committee and local councils

31  district committees.

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  1         (h)  Monitoring the performance and activities of all

  2  local councils district committees and providing technical

  3  assistance to members and staff of local councils district

  4  committees.

  5         (i)  Providing for the development and presentation of

  6  a standardized training program for members of local councils

  7  district committees.

  8         (8)(a)  In the performance of its duties, the statewide

  9  council Human Rights Advocacy Committee shall have:

10         1.  Authority to receive, investigate, seek to

11  conciliate, hold hearings on, and act on complaints that which

12  allege any abuse or deprivation of constitutional or human

13  rights of clients.

14         2.  Access to all client records, files, and reports

15  from any program, service, or facility that is operated,

16  funded, licensed, or regulated by the Department of Children

17  and Family Services and any records that which are material to

18  its investigation and which are in the custody of any other

19  agency or department of government.  The council's committee's

20  investigation or monitoring may shall not impede or obstruct

21  matters under investigation by law enforcement agencies or

22  judicial authorities.  Access may shall not be granted if a

23  specific procedure or prohibition for reviewing records is

24  required by federal law and regulation that which supersedes

25  state law. Access may shall not be granted to the records of a

26  private licensed practitioner who is providing services

27  outside state agencies and facilities and whose client is

28  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 council committee is seeking access and the intended

  2  use of such information.  The court may authorize committee

  3  access to such records upon a finding that such access is

  4  directly related to an investigation regarding the possible

  5  deprivation of constitutional or human rights or the abuse of

  6  a client.  Original client files, records, and reports may

  7  shall not be removed from the Department of Children and

  8  Family Services or agency facilities.  The statewide council

  9  may not Under no circumstance shall the committee have access

10  to confidential adoption records in accordance with the

11  provisions of ss. 39.0132, 63.022, and 63.162.  Upon

12  completion of a general investigation of practices and

13  procedures of the Department of Children and Family Services,

14  the statewide council committee shall report its findings to

15  that department.

16         (b)  All information obtained or produced by the

17  statewide council committee which is made confidential by law,

18  which relates to the identity of any client or group of

19  clients subject to the protections of this section, or which

20  relates to the identity of an individual who provides

21  information to the council committee about abuse or alleged

22  violations of constitutional or human rights, is confidential

23  and exempt from the provisions of s. 119.07(1) and s. 24(a),

24  Art. I of the State Constitution.

25         (c)  Portions of meetings of the statewide council

26  Human Rights Advocacy Committee which relate to the identity

27  of any client or group of clients subject to the protections

28  of this section, which relate to the identity of an individual

29  who provides information to the council committee about abuse

30  or alleged violations of constitutional or human rights, or

31  wherein testimony is provided relating to records otherwise

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  1  made 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 statewide

  4  council committee which reflect a mental impression,

  5  investigative strategy, or theory are exempt from the

  6  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

  7  Constitution until the investigation is completed or until the

  8  investigation ceases to be active.  For purposes of this

  9  section, an investigation is considered "active" while such

10  investigation is being conducted by the statewide council

11  committee with a reasonable, good faith belief that it may

12  lead to a finding of abuse or of a violation of human rights.

13  An investigation does not cease to be active so long as the

14  statewide council committee is proceeding with reasonable

15  dispatch and there is a good faith belief that action may be

16  initiated by the council committee or other administrative or

17  law enforcement agency.

18         (e)  Any person who knowingly and willfully discloses

19  any such confidential information is guilty of a misdemeanor

20  of the second degree, punishable as provided in s. 775.082 or

21  s. 775.083.

22         Section 2.  Section 402.166, Florida Statutes, 1998

23  Supplement, is amended to read:

24         402.166  Local District human rights advocacy councils

25  committees; confidential records and meetings.--

26         (1)  At least one local district human rights advocacy

27  council committee is created in each service district of the

28  Department of Children and Family Health and Rehabilitative

29  Services.  The local district human rights advocacy councils

30  are committees shall be subject to direction from and the

31  supervision of the Statewide Human Rights Advocacy Council

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  1  Committee.  The district administrator shall assign staff to

  2  provide administrative support to the local councils

  3  committees, and staff assigned to these positions shall

  4  perform the functions required by the local council committee

  5  without interference from the department.  The local councils

  6  district committees shall direct the activities of staff

  7  assigned to them to the extent necessary for the councils

  8  committees to carry out their duties.  The number and areas of

  9  responsibility of the local councils district human rights

10  advocacy committees, not to exceed three in any district,

11  shall be determined by the majority vote of local council

12  district committee members. However, district II may have four

13  councils, and any district that has a developmental services

14  institution, as defined in s. 393.063, or a state mental

15  hospital may, by a majority vote of the local council members,

16  petition the statewide council to establish a separate council

17  to serve this population committees. Local councils District

18  committees shall meet at facilities under their jurisdiction

19  whenever possible.

20         (2)  Each local council district human rights advocacy

21  committee shall have no fewer than 7 members and no more than

22  15 members, 25 percent of whom are or have been clients of the

23  Department of Children and Family Health and Rehabilitative

24  Services within the last 4 years, except that one member of

25  this group may be an immediate relative or legal

26  representative of a current or former client; two providers,

27  who deliver services or programs to clients of the Department

28  of Children and Family Health and Rehabilitative Services; and

29  two representatives of professional organizations, one of whom

30  represents health-related professions and one of whom

31  represents the legal profession. Priority of consideration

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  1  shall be given to the appointment of at least one medical or

  2  osteopathic physician, as defined in chapters 458 and 459, and

  3  one member in good standing of The Florida Bar. Priority of

  4  consideration shall also be given to the appointment of an

  5  individual whose primary interest, experience, or expertise

  6  lies with a major client group of the Department of Children

  7  and Family Health and Rehabilitative Services which is not

  8  represented on the council committee at the time of the

  9  appointment.  In no case shall A person who is employed by the

10  Department of Children and Family Health and Rehabilitative

11  Services may not be selected as a member of a council

12  committee.  At no time shall Individuals who are providing

13  contracted services to the Department of Children and Family

14  Health and Rehabilitative Services may not constitute more

15  than 25 percent of the membership of a local council district

16  committee.  Persons related to each other by consanguinity or

17  affinity within the third degree may shall not serve on the

18  same local council district human rights advocacy committee at

19  the same time.  All members of local councils district human

20  rights advocacy committees must successfully complete a

21  standardized training course for council committee members

22  within 3 months after their appointment to a council

23  committee.  A member may not be assigned an investigation that

24  which requires access to confidential information prior to the

25  completion of the training course.  After he or she completes

26  the required training course, a member of a council may

27  committee shall not be prevented from participating in any

28  activity of that council committee, including investigations

29  and monitoring, except due to a conflict of interest as

30  described in the procedures established by the Statewide Human

31  Rights Advocacy Council Committee pursuant to subsection (7).

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  1         (3)(a)  With respect to existing councils committees,

  2  each member shall serve a term of 4 years.  Upon expiration of

  3  a term and in the case of any other vacancy, the local council

  4  district committee shall appoint a replacement by majority

  5  vote of the council committee, subject to the approval of the

  6  Governor.  A member may serve no more than two full,

  7  consecutive terms.

  8         (b)1.  The Governor shall appoint the first 4 members

  9  of any newly created council committee; and those 4 members

10  shall select the remaining 11 members, subject to approval of

11  the Governor.  If any of the first four members are not

12  appointed within 60 days after of a request being submitted to

13  the Governor, those members shall be appointed by a majority

14  vote of the local council district committee without further

15  action by the Governor.

16         2.  Members shall serve for no more than two full,

17  consecutive terms of 4 3 years, except that at the time of

18  initial appointment, terms shall be staggered so that the

19  first six members appointed serve for terms of 2 years and the

20  remaining five members serve for terms of 4 3 years.

21  Vacancies shall be filled as provided in subparagraph 1.

22         (c)  If no action is taken by the Governor to approve

23  or disapprove a replacement of a member pursuant to this

24  paragraph within 30 days after the local council district

25  committee has notified the Governor of the appointment, then

26  the appointment of the replacement shall be considered

27  approved.

28         (d)  The limitation on the number of terms a member may

29  serve applies without regard to whether a term was served

30  before or after October 1, 1989.

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  1         (4)  Each council committee shall elect a chairperson

  2  and vice chairperson for a term of 1 year.  A person may not

  3  serve as chairperson or vice chairperson for more than two

  4  consecutive terms.  The chairperson's and vice chairperson's

  5  terms expire term expires on the anniversary of their the

  6  chairperson's election.

  7         (5)  If In the event that a council committee member

  8  fails to attend two-thirds of the regular council committee

  9  meetings during the course of a year, the council shall it

10  shall be the responsibility of the committee to replace such

11  member.  If a local council district committee member violates

12  is in violation of the provisions of this section subsection

13  or procedures adopted under this section thereto, a local

14  council district committee may recommend to the Governor that

15  such member be removed.

16         (6)  A member of a local council district committee

17  shall receive no compensation but is shall receive per diem

18  and shall be entitled to reimbursement be reimbursed for per

19  diem and travel expenses as provided in s. 112.061.  Members

20  may be provided reimbursement for long-distance telephone

21  calls if such calls were necessary to an investigation of an

22  abuse or deprivation of human rights.

23         (7)  A local council district human rights advocacy

24  committee shall first seek to resolve a complaint with the

25  appropriate local administration, agency, or program.; Any

26  matter not resolved by the local council district committee

27  shall be referred to the statewide council Human Rights

28  Advocacy Committee.  A local council district human rights

29  advocacy committee shall comply with appeal procedures

30  established by the statewide council Human Rights Advocacy

31  Committee.  The duties, actions, and procedures of both new

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  1  and existing local councils district human rights advocacy

  2  committees shall conform to the provisions of ss.

  3  402.164-402.167 this act.  The duties of each local council

  4  district human rights advocacy committee shall include, but

  5  are not limited to:

  6         (a)  Serving as an independent third-party mechanism

  7  for protecting the constitutional and human rights of any

  8  client within a program or facility operated, funded,

  9  licensed, or regulated by the Department of Children and

10  Family Health and 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 the

14  Department of Children and Family Health and Rehabilitative

15  Services for the purpose of preventing abuse or deprivation of

16  the constitutional and human rights of clients.  A local

17  council district human rights advocacy committee may conduct

18  an unannounced site visit or monitoring visit that involves

19  the inspection of records if such visit is conditioned upon a

20  complaint.  A complaint may be generated by the council

21  committee itself if information from the Department of

22  Children and Family Health and Rehabilitative Services or

23  other sources indicates a situation at the program or facility

24  which that indicates possible abuse or neglect of clients.

25  The local council district human rights advocacy committees

26  shall follow uniform criteria established by the statewide

27  council Human Rights Advocacy Committee for the review of

28  information and generation of complaints.  Routine program

29  monitoring and reviews that do not require an examination of

30  records may be made unannounced.

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  1         (c)  Receiving, investigating, and resolving reports of

  2  abuse or deprivation of constitutional and human rights.

  3         (d)  Reviewing and making recommendations

  4  recommendation with respect to the involvement by clients of

  5  the Department of Children and Family Health and

  6  Rehabilitative Services as subjects for research projects,

  7  prior to implementation, insofar as their human rights are

  8  affected.

  9         (e)  Reviewing existing programs or services and new or

10  revised programs of the Department of Children and Family

11  Health and Rehabilitative Services and making recommendations

12  as to how the rights of clients are affected.

13         (f)  Appealing to the statewide council state committee

14  any complaint unresolved at the local district level.  Any

15  matter that constitutes a threat to the life, safety, or

16  health of a client or is multidistrict in scope shall

17  automatically be referred to the statewide council Human

18  Rights Advocacy Committee.

19         (g)  Submitting an annual report by September 30 to the

20  statewide council Human Rights Advocacy Committee concerning

21  activities, recommendations, and complaints reviewed or

22  developed by the council committee during the year.

23         (h)  Conducting meetings at least six times a year at

24  the call of the chairperson and at other times at the call of

25  the Governor, at the call of the statewide council Human

26  Rights Advocacy Committee, or by written request of a majority

27  of the members of the council committee.

28         (8)(a)  In the performance of its duties, a local

29  council district human rights advocacy committee shall have:

30         1.  Access to all client records, files, and reports

31  from any program, service, or facility that is operated,

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  1  funded, licensed, or regulated by the Department of Children

  2  and Family Services and any records that which are material to

  3  its investigation and which are in the custody of any other

  4  agency or department of government.  The council's committee's

  5  investigation or monitoring may shall not impede or obstruct

  6  matters under investigation by law enforcement agencies or

  7  judicial authorities. Access may shall not be granted if a

  8  specific procedure or prohibition for reviewing records is

  9  required by federal law and regulation that which supersedes

10  state law.  Access may shall not be granted to the records of

11  a private licensed practitioner who is providing services

12  outside state agencies and facilities and whose client is

13  competent and refuses disclosure.

14         2.  Standing to petition the circuit court for access

15  to client records that which are confidential as specified by

16  law.  The petition must shall state the specific reasons for

17  which the council committee is seeking access and the intended

18  use of such information.  The court may authorize committee

19  access to such records upon a finding that such access is

20  directly related to an investigation regarding the possible

21  deprivation of constitutional or human rights or the abuse of

22  a client.  Original client files, records, and reports may

23  shall not be removed from Department of Children and Family

24  Services or agency facilities.  Upon no circumstances shall

25  The local council may not committee have access to

26  confidential adoption records in accordance with the

27  provisions of ss. 39.0132, 63.022, and 63.162. Upon completion

28  of a general investigation of practices and procedures of the

29  Department of Children and Family Services, the council

30  committee shall report its findings to that department.

31

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  1         (b)  All information obtained or produced by a local

  2  council the committee which is made confidential by law, which

  3  relates to the identity of any client or group of clients

  4  subject to the protection of this section, or which relates to

  5  the identity of an individual who provides information to the

  6  council committee about abuse or alleged violations of

  7  constitutional or human rights, is confidential and exempt

  8  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

  9  the State Constitution.

10         (c)  Portions of meetings of a local council district

11  human rights advocacy committee which relate to the identity

12  of any client or group of clients subject to the protections

13  of this section, which relate to the identity of an individual

14  who provides information to the council committee about abuse

15  or alleged violations of constitutional or human rights, or

16  wherein testimony is provided relating to records otherwise

17  made confidential by law, are exempt from the provisions of s.

18  286.011 and s. 24(b), Art. I of the State Constitution.

19         (d)  All records prepared by members of a local council

20  the committee which reflect a mental impression, investigative

21  strategy, or theory are exempt from the provisions of s.

22  119.07(1) and s. 24(a), Art. I of the State Constitution until

23  the investigation is completed or until the investigation

24  ceases to be active.  For purposes of this section, an

25  investigation is considered "active" while such investigation

26  is being conducted by a local council the committee with a

27  reasonable, good faith belief that it may lead to a finding of

28  abuse or of a violation of human rights.  An investigation

29  does not cease to be active so long as the council committee

30  is proceeding with reasonable dispatch and there is a good

31

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  1  faith belief that action may be initiated by the council

  2  committee or other administrative or law enforcement agency.

  3         (e)  Any person who knowingly and willfully discloses

  4  any such confidential information is guilty of a misdemeanor

  5  of the second degree, punishable as provided in s. 775.082 or

  6  s. 775.083.

  7         Section 3.  Section 402.167, Florida Statutes, is

  8  amended to read:

  9         402.167  Department duties relating to the Statewide

10  Human Rights Advocacy Council Committee and the Local District

11  Human Rights Advocacy Councils Committees.--

12         (1)  The Department of Children and Family Health and

13  Rehabilitative Services shall adopt rules that which are

14  consistent with law, amended to reflect any statutory changes,

15  and that which rules address at least the following:

16         (a)  Procedures by which Department of Children and

17  Family Health and Rehabilitative Services district staff refer

18  reports of abuse to local councils district human rights

19  advocacy committees.

20         (b)  Procedures by which client information is made

21  available to members of the statewide council Human Rights

22  Advocacy Committee and the local councils district human

23  rights advocacy committees.

24         (c)  Procedures by which recommendations made by the

25  councils human rights advocacy committees will be incorporated

26  into Department of Children and Family Health and

27  Rehabilitative Services policies and procedures.

28         (d)  Procedures by which council committee members are

29  reimbursed for authorized expenditures.

30         (2)  The Department of Children and Family Health and

31  Rehabilitative Services shall provide for the location of

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  1  local councils district human rights advocacy committees in

  2  district headquarters offices and shall provide necessary

  3  equipment and office supplies, including, but not limited to,

  4  clerical and word processing services, photocopiers, telephone

  5  services, and stationery and other necessary supplies.

  6         (3)  The secretary shall ensure the full cooperation

  7  and assistance of employees of the Department of Children and

  8  Family Health and Rehabilitative Services with members and

  9  staff of the human rights advocacy councils committees.

10  Further, the secretary shall ensure that to the extent

11  possible, staff assigned to the Statewide Human Rights

12  Advocacy Council Committees and Local District Human Rights

13  Advocacy Councils Committees are free of interference from or

14  control by the department in performing their duties relative

15  to those councils committees.

16         Section 4.  Paragraph (a) of subsection (7) of section

17  39.001, Florida Statutes, 1998 Supplement, is amended to read:

18         39.001  Purposes and intent; personnel standards and

19  screening.--

20         (7)  PLAN FOR COMPREHENSIVE APPROACH.--

21         (a)  The department shall develop a state plan for the

22  prevention of abuse, abandonment, and neglect of children and

23  shall submit the plan to the Speaker of the House of

24  Representatives, the President of the Senate, and the Governor

25  no later than January 1, 1983. The Department of Education and

26  the Division of Children's Medical Services of the Department

27  of Health shall participate and fully cooperate in the

28  development of the state plan at both the state and local

29  levels. Furthermore, appropriate local agencies and

30  organizations shall be provided an opportunity to participate

31  in the development of the state plan at the local level.

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  1  Appropriate local groups and organizations shall include, but

  2  not be limited to, community mental health centers; guardian

  3  ad litem programs for children under the circuit court; the

  4  school boards of the local school districts; the local

  5  district human rights advocacy councils committees; private or

  6  public organizations or programs with recognized expertise in

  7  working with children who are sexually abused, physically

  8  abused, emotionally abused, abandoned, or neglected and with

  9  expertise in working with the families of such children;

10  private or public programs or organizations with expertise in

11  maternal and infant health care; multidisciplinary child

12  protection teams; child day care centers; law enforcement

13  agencies, and the circuit courts, when guardian ad litem

14  programs are not available in the local area.  The state plan

15  to be provided to the Legislature and the Governor shall

16  include, as a minimum, the information required of the various

17  groups in paragraph (b).

18         Section 5.  Paragraph (k) of subsection (2) of section

19  39.202, Florida Statutes, 1998 Supplement, is amended to read:

20         39.202  Confidentiality of reports and records in cases

21  of child abuse or neglect.--

22         (2)  Access to such records, excluding the name of the

23  reporter which shall be released only as provided in

24  subsection (4), shall be granted only to the following

25  persons, officials, and agencies:

26         (k)  Any appropriate official of the human rights

27  advocacy council committee investigating a report of known or

28  suspected child abuse, abandonment, or neglect, the Auditor

29  General for the purpose of conducting preliminary or

30  compliance reviews pursuant to s. 11.45, or the guardian ad

31  litem for the child.

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  1         Section 6.  Subsection (4) of section 39.302, Florida

  2  Statutes, 1998 Supplement, is amended to read:

  3         39.302  Protective investigations of institutional

  4  child abuse, abandonment, or neglect.--

  5         (4)  The department shall notify the human rights

  6  advocacy council committee in the appropriate district of the

  7  department as to every report of institutional child abuse,

  8  abandonment, or neglect in the district in which a client of

  9  the department is alleged or shown to have been abused,

10  abandoned, or neglected, which notification shall be made

11  within 48 hours after the department commences its

12  investigation.

13         Section 7.  Paragraphs (g) and (i) of subsection (4)

14  and subsection (7) of section 393.13, Florida Statutes, are

15  amended to read:

16         393.13  Personal treatment of persons who are

17  developmentally disabled.--

18         (4)  CLIENT RIGHTS.--For purposes of this subsection,

19  the term "client," as defined in s. 393.063, shall also

20  include any person served in a facility licensed pursuant to

21  s. 393.067.

22         (g)  No client shall be subjected to a treatment

23  program to eliminate bizarre or unusual behaviors without

24  first being examined by a physician who in his or her best

25  judgment determines that such behaviors are not organically

26  caused.

27         1.  Treatment programs involving the use of noxious or

28  painful stimuli shall be prohibited.

29         2.  All alleged violations of this paragraph shall be

30  reported immediately to the chief administrative officer of

31  the facility or the district administrator, the department

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  1  head, and the local district human rights advocacy council

  2  committee.  A thorough investigation of each incident shall be

  3  conducted and a written report of the finding and results of

  4  such investigation shall be submitted to the chief

  5  administrative officer of the facility or the district

  6  administrator and to the department head within 24 hours of

  7  the occurrence or discovery of the incident.

  8         3.  The department shall promulgate by rule a system

  9  for the oversight of behavioral programs.  Such system shall

10  establish guidelines and procedures governing the design,

11  approval, implementation, and monitoring of all behavioral

12  programs involving clients.  The system shall ensure statewide

13  and local review by committees of professionals certified as

14  behavior analysts pursuant to s. 393.17.  No behavioral

15  program shall be implemented unless reviewed according to the

16  rules established by the department under this section.

17  Nothing stated in this section shall prohibit the review of

18  programs by the local district human rights advocacy council

19  committee.

20         (i)  Clients shall have the right to be free from

21  unnecessary physical, chemical, or mechanical restraint.

22  Restraints shall be employed only in emergencies or to protect

23  the client from imminent injury to himself or herself or

24  others.  Restraints shall not be employed as punishment, for

25  the convenience of staff, or as a substitute for a

26  habilitative plan.  Restraints shall impose the least possible

27  restrictions consistent with their purpose and shall be

28  removed when the emergency ends.  Restraints shall not cause

29  physical injury to the client and shall be designed to allow

30  the greatest possible comfort.

31

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  1         1.  Mechanical supports used in normative situations to

  2  achieve proper body position and balance shall not be

  3  considered restraints, but shall be prescriptively designed

  4  and applied under the supervision of a qualified professional

  5  with concern for principles of good body alignment,

  6  circulation, and allowance for change of position.

  7         2.  Totally enclosed cribs and barred enclosures shall

  8  be considered restraints.

  9         3.  Daily reports on the employment of physical,

10  chemical, or mechanical restraints by those specialists

11  authorized in the use of such restraints shall be made to the

12  appropriate chief administrator of the facility, and a monthly

13  summary of such reports shall be relayed to the district

14  administrator and the local district human rights advocacy

15  council committee.  The reports shall summarize all such cases

16  of restraints, the type used, the duration of usage, and the

17  reasons therefor.  Districts shall submit districtwide

18  quarterly reports of these summaries to the state

19  Developmental Services Program Office.

20         4.  The department shall post a copy of the rules

21  promulgated under this section in each living unit of

22  residential facilities.  A copy of the rules promulgated under

23  this section shall be given to all staff members of licensed

24  facilities and made a part of all preservice and inservice

25  training programs.

26         (7)  RESIDENT GOVERNMENT.--Each residential facility

27  providing services to clients who are desirous and capable of

28  participating shall initiate and develop a program of resident

29  government to hear the views and represent the interests of

30  all clients served by the facility.  The resident government

31  shall be composed of residents elected by other residents,

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  1  staff advisers skilled in the administration of community

  2  organizations, and a representative of the local district

  3  human rights advocacy council committee. The resident

  4  government shall work closely with the local district human

  5  rights advocacy council committee and the district

  6  administrator to promote the interests and welfare of all

  7  residents in the facility.

  8         Section 8.  Paragraph (c) of subsection (5) and

  9  subsection (12) of section 394.459, Florida Statutes, are

10  amended to read:

11         394.459  Rights of patients.--

12         (5)  COMMUNICATION, ABUSE REPORTING, AND VISITS.--

13         (c)  Each facility must permit immediate access to any

14  patient, subject to the patient's right to deny or withdraw

15  consent at any time, by the patient's family members,

16  guardian, guardian advocate, representative, human rights

17  advocacy council committee, or attorney, unless such access

18  would be detrimental to the patient.  If a patient's right to

19  communicate or to receive visitors is restricted by the

20  facility, written notice of such restriction and the reasons

21  for the restriction shall be served on the patient, the

22  patient's attorney, and the patient's guardian, guardian

23  advocate, or representative; and such restriction shall be

24  recorded on the patient's clinical record with the reasons

25  therefor.  The restriction of a patient's right to communicate

26  or to receive visitors shall be reviewed at least every 7

27  days.  The right to communicate or receive visitors shall not

28  be restricted as a means of punishment.  Nothing in this

29  paragraph shall be construed to limit the provisions of

30  paragraph (d).

31

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  1         (12)  POSTING OF NOTICE OF RIGHTS OF PATIENTS.--Each

  2  facility shall post a notice listing and describing, in the

  3  language and terminology that the persons to whom the notice

  4  is addressed can understand, the rights provided in this

  5  section.  This notice shall include a statement that

  6  provisions of the federal Americans with Disabilities Act

  7  apply and the name and telephone number of a person to contact

  8  for further information.  This notice shall be posted in a

  9  place readily accessible to patients and in a format easily

10  seen by patients.  This notice shall include the telephone

11  numbers of the local human rights advocacy council committee

12  and Advocacy Center for Persons with Disabilities, Inc.

13         Section 9.  Section 394.4595, Florida Statutes, is

14  amended to read:

15         394.4595  Human Rights Advocacy Council Committee

16  access to patients and records.--Any facility designated by

17  the department as a receiving or treatment facility must allow

18  access to any patient and the clinical and legal records of

19  any patient admitted pursuant to the provisions of this act by

20  members of the Human Rights Advocacy Council Committee.

21         Section 10.  Paragraph (d) of subsection (2) of section

22  394.4597, Florida Statutes, is amended to read:

23         394.4597  Persons to be notified; patient's

24  representative.--

25         (2)  INVOLUNTARY PATIENTS.--

26         (d)  When the receiving or treatment facility selects a

27  representative, first preference shall be given to a health

28  care surrogate, if one has been previously selected by the

29  patient.  If the patient has not previously selected a health

30  care surrogate, the selection, except for good cause

31

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  1  documented in the patient's clinical record, shall be made

  2  from the following list in the order of listing:

  3         1.  The patient's spouse.

  4         2.  An adult child of the patient.

  5         3.  A parent of the patient.

  6         4.  The adult next of kin of the patient.

  7         5.  An adult friend of the patient.

  8         6.  The appropriate human rights advocacy council

  9  committee as provided in s. 402.166.

10         Section 11.  Subsection (1) of section 394.4598,

11  Florida Statutes, is amended to read:

12         394.4598  Guardian advocate.--

13         (1)  The administrator may petition the court for the

14  appointment of a guardian advocate based upon the opinion of a

15  psychiatrist that the patient is incompetent to consent to

16  treatment. If the court finds that a patient is incompetent to

17  consent to treatment and has not been adjudicated

18  incapacitated and a guardian with the authority to consent to

19  mental health treatment appointed, it shall appoint a guardian

20  advocate. The patient has the right to have an attorney

21  represent him or her at the hearing. If the person is

22  indigent, the court shall appoint the office of the public

23  defender to represent him or her at the hearing. The patient

24  has the right to testify, cross-examine witnesses, and present

25  witnesses. The proceeding shall be recorded either

26  electronically or stenographically, and testimony shall be

27  provided under oath. One of the professionals authorized to

28  give an opinion in support of a petition for involuntary

29  placement, as described in s. 394.467(2), must testify. A

30  guardian advocate must meet the qualifications of a guardian

31  contained in part IV of chapter 744, except that a

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  1  professional referred to in this part, an employee of the

  2  facility providing direct services to the patient under this

  3  part, a departmental employee, a  facility administrator, or

  4  member of the local district human rights advocacy council may

  5  committee shall not be appointed. A person who is appointed as

  6  a guardian advocate must agree to the appointment.

  7         Section 12.  Paragraph (b) of subsection (2) of section

  8  394.4599, Florida Statutes, is amended to read:

  9         394.4599  Notice.--

10         (2)  INVOLUNTARY PATIENTS.--

11         (b)  A receiving facility shall give prompt notice of

12  the whereabouts of a patient who is being involuntarily held

13  for examination, by telephone or in person within 24 hours

14  after the patient's arrival at the facility, unless the

15  patient requests that no notification be made.  Contact

16  attempts shall be documented in the patient's clinical record

17  and shall begin as soon as reasonably possible after the

18  patient's arrival.  Notice that a patient is being admitted as

19  an involuntary patient shall be given to the local human

20  rights advocacy council committee no later than the next

21  working day after the patient is admitted.

22         Section 13.  Subsection (5) of section 394.4615,

23  Florida Statutes, is amended to read:

24         394.4615  Clinical records; confidentiality.--

25         (5)  Information from clinical records may be used by

26  the Agency for Health Care Administration, the department, and

27  the human rights advocacy councils committees for the purpose

28  of monitoring facility activity and complaints concerning

29  facilities.

30         Section 14.  Paragraph (g) of subsection (2) of section

31  400.0067, Florida Statutes, is amended to read:

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  1         400.0067  Establishment of State Long-Term Care

  2  Ombudsman Council; duties; membership.--

  3         (2)  The State Long-Term Care Ombudsman Council shall:

  4         (g)  Enter into a cooperative agreement with the

  5  statewide and local district human rights advocacy councils

  6  committees for the purpose of coordinating advocacy services

  7  provided to residents of long-term care facilities.

  8         Section 15.  Section 400.0089, Florida Statutes, is

  9  amended to read:

10         400.0089  Agency reports.--The State Long-Term Care

11  Ombudsman Council, shall, in cooperation with the Department

12  of Elderly Affairs, maintain a statewide uniform reporting

13  system to collect and analyze data relating to complaints and

14  conditions in long-term care facilities and to residents, for

15  the purpose of identifying and resolving significant problems.

16  The council shall submit such data as part of its annual

17  report required pursuant to s. 400.0067(2)(h) to the Agency

18  for Health Care Administration, the Department of Health and

19  Rehabilitative Services, the Statewide Human Rights Advocacy

20  Council Committee, the Advocacy Center for Persons with

21  Disabilities, the Commissioner for the United States

22  Administration on Aging, the National Ombudsman Resource

23  Center, and any other state or federal entities that the

24  ombudsman determines appropriate.

25         Section 16.  Subsection (13) of section 400.419,

26  Florida Statutes, 1998 Supplement, is amended to read:

27         400.419  Violations; administrative fines.--

28         (13)  The agency shall develop and disseminate an

29  annual list of all facilities sanctioned or fined $5,000 or

30  more for violations of state standards, the number and class

31  of violations involved, the penalties imposed, and the current

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  1  status of cases. The list shall be disseminated, at no charge,

  2  to the Department of Elderly Affairs, the Department of

  3  Health, the Department of Children and Family Services, the

  4  area agencies on aging, the Statewide Human Rights Advocacy

  5  Council Committee, and the state and district long-term care

  6  nursing home ombudsman councils. The Department of Children

  7  and Family Services shall disseminate the list to service

  8  providers under contract to the department who are responsible

  9  for referring persons to a facility for residency. The agency

10  may charge a fee commensurate with the cost of printing and

11  postage to other interested parties requesting a copy of this

12  list.

13         Section 17.  Subsection (2) of section 400.428, Florida

14  Statutes, 1998 Supplement, is amended to read:

15         400.428  Resident bill of rights.--

16         (2)  The administrator of a facility shall ensure that

17  a written notice of the rights, obligations, and prohibitions

18  set forth in this part is posted in a prominent place in each

19  facility and read or explained to residents who cannot read.

20  This notice shall include the name, address, and telephone

21  numbers of the district ombudsman council and adult abuse

22  registry and, when applicable, the Advocacy Center for Persons

23  with Disabilities, Inc., and the local district human rights

24  advocacy council committee, where complaints may be lodged.

25  The facility must ensure a resident's access to a telephone to

26  call the district ombudsman council, adult abuse registry,

27  Advocacy Center for Persons with Disabilities, Inc., and local

28  district human rights advocacy council committee.

29         Section 18.  Paragraph (a) of subsection (1) of section

30  415.1034, Florida Statutes, 1998 Supplement, is amended to

31  read:

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  1         415.1034  Mandatory reporting of abuse, neglect, or

  2  exploitation of disabled adults or elderly persons; mandatory

  3  reports of death.--

  4         (1)  MANDATORY REPORTING.--

  5         (a)  Any person, including, but not limited to, any:

  6         1.  Physician, osteopathic physician, medical examiner,

  7  chiropractic physician, nurse, or hospital personnel engaged

  8  in the admission, examination, care, or treatment of disabled

  9  adults or elderly persons;

10         2.  Health professional or mental health professional

11  other than one listed in subparagraph 1.;

12         3.  Practitioner who relies solely on spiritual means

13  for healing;

14         4.  Nursing home staff; assisted living facility staff;

15  adult day care center staff; adult family-care home staff;

16  social worker; or other professional adult care, residential,

17  or institutional staff;

18         5.  State, county, or municipal criminal justice

19  employee or law enforcement officer;

20         6.  Human rights advocacy council member committee or

21  long-term care ombudsman council member; or

22         7.  Bank, savings and loan, or credit union officer,

23  trustee, or employee,

24

25  who knows, or has reasonable cause to suspect, that a disabled

26  adult or an elderly person has been or is being abused,

27  neglected, or exploited shall immediately report such

28  knowledge or suspicion to the central abuse registry and

29  tracking system on the single statewide toll-free telephone

30  number.

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  1         Section 19.  Subsection (1) of section 415.104, Florida

  2  Statutes, is amended to read:

  3         415.104  Protective services investigations of cases of

  4  abuse, neglect, or exploitation of aged persons or disabled

  5  adults; transmittal of records to state attorney.--

  6         (1)  The department shall, upon receipt of a report

  7  alleging abuse, neglect, or exploitation of an aged person or

  8  disabled adult, commence, or cause to be commenced within 24

  9  hours, a protective services investigation of the facts

10  alleged therein. If, upon arrival of the protective

11  investigator at the scene of the incident, a caregiver refuses

12  to allow the department to begin a protective services

13  investigation or interferes with the department's ability to

14  conduct such an investigation, the appropriate law enforcement

15  agency shall be contacted to assist the department in

16  commencing the protective services investigation. If, during

17  the course of the investigation, the department has reason to

18  believe that the abuse, neglect, or exploitation is

19  perpetrated by a second party, the appropriate criminal

20  justice agency and state attorney shall be orally notified in

21  order that such agencies may begin a criminal investigation

22  concurrent with the protective services investigation of the

23  department.  In an institutional investigation, the alleged

24  perpetrator may be represented by an attorney, at his or her

25  own expense, or accompanied by another person, if the person

26  or the attorney executes an affidavit of understanding with

27  the department and agrees to comply with the confidentiality

28  provisions of s. 415.107. The absence of an attorney or other

29  person does not prevent the department from proceeding with

30  other aspects of the investigation, including interviews with

31  other persons.  The department shall make a preliminary

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  1  written report to the criminal justice agencies within 5

  2  working days after the oral report.  The department shall,

  3  within 24 hours after receipt of the report, notify the

  4  appropriate human rights advocacy council committee, or

  5  long-term care ombudsman council, when appropriate, that an

  6  alleged abuse, neglect, or exploitation perpetrated by a

  7  second party has occurred.  Notice to the human rights

  8  advocacy council committee or long-term care ombudsman council

  9  may be accomplished orally or in writing and shall include the

10  name and location of the aged person or disabled adult alleged

11  to have been abused, neglected, or exploited and the nature of

12  the report.  For each report it receives, the department shall

13  perform an onsite investigation to:

14         (a)  Determine that the person is an aged person or

15  disabled adult as defined in s. 415.102.

16         (b)  Determine the composition of the family or

17  household, including the name, address, date of birth, social

18  security number, sex, and race of each aged person or disabled

19  adult named in the report; any others in the household or in

20  the care of the caregiver, or any other persons responsible

21  for the aged person's or disabled adult's welfare; and any

22  other adults in the same household.

23         (c)  Determine whether there is an indication that any

24  aged person or disabled adult is abused, neglected, or

25  exploited, including a determination of harm or threatened

26  harm to any aged person or disabled adult; the nature and

27  extent of present or prior injuries, abuse, or neglect, and

28  any evidence thereof; and a determination as to the person or

29  persons apparently responsible for the abuse, neglect, or

30  exploitation, including the name, address, date of birth,

31  social security number, sex, and race of each person to be

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  1  classified as an alleged perpetrator in a proposed confirmed

  2  report.  An alleged perpetrator named in a proposed confirmed

  3  report of abuse, neglect, or exploitation shall cooperate in

  4  the provision of the required data for the central abuse

  5  registry and tracking system to the fullest extent possible.

  6         (d)  Determine the immediate and long-term risk to each

  7  aged person or disabled adult through utilization of

  8  standardized risk assessment instruments.

  9         (e)  Determine the protective, treatment, and

10  ameliorative services necessary to safeguard and ensure the

11  aged person's or disabled adult's well-being and cause the

12  delivery of those services through the early intervention of

13  the departmental worker responsible for service provision and

14  management of identified services.

15         Section 20.  Paragraphs (a) and (i) of subsection (1)

16  of section 415.1055, Florida Statutes, 1998 Supplement, are

17  amended to read:

18         415.1055  Notification to administrative entities,

19  subjects, and reporters; notification to law enforcement and

20  state attorneys.--

21         (1)  NOTIFICATION TO ADMINISTRATIVE ENTITIES.--

22         (a)  The department shall, within 24 hours after

23  receipt of a report of abuse, neglect, or exploitation of a

24  disabled adult or an elderly person within a facility,

25  excluding Saturdays, Sundays, and legal holidays, notify the

26  appropriate human rights advocacy council committee and the

27  long-term care ombudsman council, in writing, that the

28  department has reasonable cause to believe that a disabled

29  adult or an elderly person has been abused, neglected, or

30  exploited at the facility.

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  1         (i)  At the conclusion of a protective investigation at

  2  a facility, the department shall notify either the human

  3  rights advocacy council committee or long-term care ombudsman

  4  council of the results of the investigation.  This

  5  notification must be in writing.

  6         Section 21.  Subsection (2) of section 415.106, Florida

  7  Statutes, is amended to read:

  8         415.106  Cooperation by the department and criminal

  9  justice and other agencies.--

10         (2)  To ensure coordination, communication, and

11  cooperation with the investigation of abuse, neglect, or

12  exploitation of disabled adults or elderly persons, the

13  department shall develop and maintain interprogram agreements

14  or operational procedures among appropriate departmental

15  programs and the State Long-Term Care Ombudsman Council, the

16  Statewide Human Rights Advocacy Council Committee, and other

17  agencies that provide services to disabled adults or elderly

18  persons. These agreements or procedures must cover such

19  subjects as the appropriate roles and responsibilities of the

20  department in identifying and responding to reports of abuse,

21  neglect, or exploitation of disabled adults or elderly

22  persons; the provision of services; and related coordinated

23  activities.

24         Section 22.  Paragraph (g) of subsection (2) of section

25  415.107, Florida Statutes, 1998 Supplement, is amended to

26  read:

27         415.107  Confidentiality of reports and records.--

28         (2)  Access to all records, excluding the name of the

29  reporter which shall be released only as provided in

30  subsection (6), shall be granted only to the following

31  persons, officials, and agencies:

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  1         (g)  Any appropriate official of the human rights

  2  advocacy council committee or long-term care ombudsman council

  3  investigating a report of known or suspected abuse, neglect,

  4  or exploitation of a disabled adult or an elderly person.

  5         Section 23.  Subsection (3) of section 430.04, Florida

  6  Statutes, 1998 Supplement, is amended to read:

  7         430.04  Duties and responsibilities of the Department

  8  of Elderly Affairs.--The Department of Elderly Affairs shall:

  9         (3)  Prepare and submit to the Governor, each Cabinet

10  member, the President of the Senate, the Speaker of the House

11  of Representatives, the minority leaders of the House and

12  Senate, and chairpersons of appropriate House and Senate

13  committees a master plan for policies and programs in the

14  state related to aging.  The plan must identify and assess the

15  needs of the elderly population in the areas of housing,

16  employment, education and training, medical care, long-term

17  care, preventive care, protective services, social services,

18  mental health, transportation, and long-term care insurance,

19  and other areas considered appropriate by the department.  The

20  plan must assess the needs of particular subgroups of the

21  population and evaluate the capacity of existing programs,

22  both public and private and in state and local agencies, to

23  respond effectively to identified needs.  If the plan

24  recommends the transfer of any program or service from the

25  Department of Children and Family Health and Rehabilitative

26  Services to another state department, the plan must also

27  include recommendations that provide for an independent

28  third-party mechanism, as currently exists in the human rights

29  advocacy councils committees established in ss. 402.165 and

30  402.166, for protecting the constitutional and human rights of

31  recipients of departmental services. The plan must include

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  1  policy goals and program strategies designed to respond

  2  efficiently to current and projected needs. The plan must also

  3  include policy goals and program strategies to promote

  4  intergenerational relationships and activities.  Public

  5  hearings and other appropriate processes shall be utilized by

  6  the department to solicit input for the development and

  7  updating of the master plan from parties including, but not

  8  limited to, the following:

  9         (a)  Elderly citizens and their families and

10  caregivers.

11         (b)  Local-level public and private service providers,

12  advocacy organizations, and other organizations relating to

13  the elderly.

14         (c)  Local governments.

15         (d)  All state agencies that provide services to the

16  elderly.

17         (e)  University centers on aging.

18         (f)  Area agency on aging and community care for the

19  elderly lead agencies.

20         Section 24.  This act shall take effect July 1, 1999.

21

22            *****************************************

23                          HOUSE SUMMARY

24
      Renames the Statewide Human Rights Advocacy Committee and
25    the district human rights advocacy committees as the
      Statewide Human Rights Advocacy Council and the local
26    human rights advocacy councils, respectively. Provides
      for the statewide council and local councils to monitor
27    and investigate allegations of abuse of human or
      constitutional rights by the Department of Children and
28    Family Services. Increases council members' term of
      appointment.  Revises the membership of the statewide
29    council. Provides for appointment of a vice chairperson
      to each local council.  Provides for the establishment of
30    additional local human rights advocacy councils.

31

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