Senate Bill 0960
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Florida Senate - 1999 SB 960
By Senator Forman
32-443A-99
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, F.S.; conforming terminology
27 to changes made by the act; providing an
28 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 four five groups of citizens as
22 follows: one provider elected public official; two providers
23 who 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 representative representatives of the health-related
5 professions, the appointing authority shall give priority of
6 consideration to a physician licensed under chapter 458 or
7 chapter 459; and, in appointing the representative
8 representatives of the legal profession, the appointing
9 authority shall give priority of consideration to a member in
10 good standing of The Florida Bar. Of the remaining members, no
11 more than one shall be an elected official; no more than one
12 shall be a health professional; no more than one shall be a
13 legal professional; no more than one shall be a provider; no
14 more than two shall be nonsalaried representatives of
15 nonprofit agencies or civic groups; and no more than one shall
16 be an individual whose primary area of interest, experience,
17 or expertise is a major client group of the Department of
18 Children and Family Services which is not represented on the
19 council at the time of appointment. Except for the member who
20 is an elected public official, each member of the statewide
21 council Human Rights Advocacy Committee must have served as a
22 member of a local district human rights advocacy council, with
23 priority consideration given to an applicant who has served a
24 full term on a local council committee. Persons related to
25 each other by consanguinity or affinity within the third
26 degree may not serve on the statewide council Human Rights
27 Advocacy Committee at the same time.
28 (2) Members of the statewide council Human Rights
29 Advocacy Committee shall be appointed to serve terms of 4 3
30 years, retroactive to the members in office on July 1, 1999.
31 A member may not serve more than two full, consecutive terms.
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1 The limitation on the number of terms a member may serve
2 applies without regard to whether a term was served before or
3 after October 1, 1989.
4 (3) If a member of the statewide council Human Rights
5 Advocacy Committee fails to attend two-thirds of the regular
6 council committee meetings during the course of a year, the
7 position held by the such member may be declared deemed vacant
8 by the committee. The Governor shall fill the vacancy
9 pursuant to subsection (4). If a member of the statewide
10 council violates Human Rights Advocacy Committee is in
11 violation of the provisions of this section or procedures
12 adopted under this section thereto, the council committee may
13 recommend to the Governor that the such member be removed.
14 (4) The Governor shall fill each vacancy on the
15 statewide council Human Rights Advocacy Committee from a list
16 of nominees submitted by the statewide council committee. A
17 list of candidates shall be submitted to the statewide council
18 committee by the local council district human rights advocacy
19 committee in the district from which the vacancy occurs.
20 Priority of consideration shall be given to the appointment of
21 an individual whose primary interest, experience, or expertise
22 lies with a major client group of the Department of Children
23 and Family Health and Rehabilitative Services which is not
24 represented on the council committee at the time of the
25 appointment. If an appointment is not made within 60 days
26 after a vacancy occurs on the council committee, the vacancy
27 shall be filled by a majority vote of the statewide council
28 committee without further action by the Governor. A No person
29 who is employed by the Department of Children and Family
30 Health and Rehabilitative Services may not be appointed to the
31 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 shall
7 not be removed from the Department of Children and Family
8 Services or agency facilities. The statewide council may not
9 Under no circumstance shall the committee have access to
10 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 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 councils 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 health
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 not represented
8 on the committee at the time of the appointment. In no case
9 shall A person who is employed by the Department of Children
10 and Family Health and Rehabilitative Services may not be
11 selected as a member of a council committee. At no time shall
12 Individuals who are providing contracted services to the
13 Department of Children and Family Health and Rehabilitative
14 Services may not constitute more than 25 percent of the
15 membership of a local council district committee. Persons
16 related to each other by consanguinity or affinity within the
17 third degree may shall not serve on the same local council
18 district human rights advocacy committee at the same time.
19 All members of local councils district human rights advocacy
20 committees must successfully complete a standardized training
21 course for council committee members within 3 months after
22 their appointment to a council committee. A member may not be
23 assigned an investigation that which requires access to
24 confidential information prior to the completion of the
25 training course. After he or she completes the required
26 training course, a member of a council may committee shall not
27 be prevented from participating in any activity of that
28 council committee, including investigations and monitoring,
29 except due to a conflict of interest as described in the
30 procedures established by the Statewide Human Rights Advocacy
31 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 3 years. Vacancies
21 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 for a term of 1 year. A person may not serve as chairperson
3 or vice chairperson for more than two consecutive terms. The
4 chairperson's and vice chairperson's terms expire term expires
5 on the anniversary of their the chairperson's election.
6 (5) If In the event that a council committee member
7 fails to attend two-thirds of the regular council committee
8 meetings during the course of a year, the council it shall be
9 the responsibility of the committee to replace such member.
10 If a local council district committee member violates is in
11 violation of the provisions of this section subsection or
12 procedures adopted under this section thereto, a local council
13 district committee may recommend to the Governor that such
14 member be removed.
15 (6) A member of a local council district committee
16 shall receive no compensation but shall receive per diem and
17 shall be entitled to reimbursement be reimbursed for per diem
18 and travel expenses as provided in s. 112.061. Members may be
19 provided reimbursement for long-distance telephone calls if
20 such calls were necessary to an investigation of an abuse or
21 deprivation of human rights.
22 (7) A local council district human rights advocacy
23 committee shall first seek to resolve a complaint with the
24 appropriate local administration, agency, or program.; Any
25 matter not resolved by the local council district committee
26 shall be referred to the statewide council Human Rights
27 Advocacy Committee. A local council district human rights
28 advocacy committee shall comply with appeal procedures
29 established by the statewide council Human Rights Advocacy
30 Committee. The duties, actions, and procedures of both new
31 and existing local councils district human rights advocacy
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1 committees shall conform to ss. 402.164-402.167 the provisions
2 of this act. The duties of each local council district human
3 rights advocacy committee shall include, but are not limited
4 to:
5 (a) Serving as an independent third-party mechanism
6 for protecting the constitutional and human rights of any
7 client within a program or facility operated, funded,
8 licensed, or regulated by the Department of Children and
9 Family Health and Rehabilitative Services.
10 (b) Monitoring by site visit and inspection of
11 records, the delivery and use of services, programs or
12 facilities operated, funded, regulated or licensed by the
13 Department of Children and Family Health and Rehabilitative
14 Services for the purpose of preventing abuse or deprivation of
15 the constitutional and human rights of clients. A local
16 council district human rights advocacy committee may conduct
17 an unannounced site visit or monitoring visit that involves
18 the inspection of records if such visit is conditioned upon a
19 complaint. A complaint may be generated by the council
20 committee itself if information from the Department of
21 Children and Family Health and Rehabilitative Services or
22 other sources indicates a situation at the program or facility
23 that indicates possible abuse or neglect of clients. The
24 local council district human rights advocacy committees shall
25 follow uniform criteria established by the statewide council
26 Human Rights Advocacy Committee for the review of information
27 and generation of complaints. Routine program monitoring and
28 reviews that do not require an examination of records may be
29 made unannounced.
30 (c) Receiving, investigating, and resolving reports of
31 abuse or deprivation of constitutional and human rights.
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1 (d) Reviewing and making recommendations
2 recommendation with respect to the involvement by clients of
3 the Department of Children and Family Health and
4 Rehabilitative Services as subjects for research projects,
5 prior to implementation, insofar as their human rights are
6 affected.
7 (e) Reviewing existing programs or services and new or
8 revised programs of the Department of Children and Family
9 Health and Rehabilitative Services and making recommendations
10 as to how the rights of clients are affected.
11 (f) Appealing to the statewide council state committee
12 any complaint unresolved at the local district level. Any
13 matter that constitutes a threat to the life, safety, or
14 health of a client or is multidistrict in scope shall
15 automatically be referred to the statewide council Human
16 Rights Advocacy Committee.
17 (g) Submitting an annual report by September 30 to the
18 statewide council Human Rights Advocacy Committee concerning
19 activities, recommendations, and complaints reviewed or
20 developed by the council committee during the year.
21 (h) Conducting meetings at least six times a year at
22 the call of the chairperson and at other times at the call of
23 the Governor, at the call of the statewide council Human
24 Rights Advocacy Committee, or by written request of a majority
25 of the members of the council committee.
26 (8)(a) In the performance of its duties, a local
27 council district human rights advocacy committee shall have:
28 1. Access to all client records, files, and reports
29 from any program, service, or facility that is operated,
30 funded, licensed, or regulated by the Department of Children
31 and Family Services and any records that which are material to
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1 its investigation and which are in the custody of any other
2 agency or department of government. The council's committee's
3 investigation or monitoring may shall not impede or obstruct
4 matters under investigation by law enforcement agencies or
5 judicial authorities. Access may shall not be granted if a
6 specific procedure or prohibition for reviewing records is
7 required by federal law and regulation that which supersedes
8 state law. Access may shall not be granted to the records of
9 a private licensed practitioner who is providing services
10 outside state agencies and facilities and whose client is
11 competent and refuses disclosure.
12 2. Standing to petition the circuit court for access
13 to client records that which are confidential as specified by
14 law. The petition must shall state the specific reasons for
15 which the council committee is seeking access and the intended
16 use of such information. The court may authorize committee
17 access to such records upon a finding that such access is
18 directly related to an investigation regarding the possible
19 deprivation of constitutional or human rights or the abuse of
20 a client. Original client files, records, and reports shall
21 not be removed from Department of Children and Family Services
22 or agency facilities. The local council may not Upon no
23 circumstances shall the committee have access to confidential
24 adoption records in accordance with the provisions of ss.
25 39.0132, 63.022, and 63.162. Upon completion of a general
26 investigation of practices and procedures of the Department of
27 Children and Family Services, the council committee shall
28 report its findings to that department.
29 (b) All information obtained or produced by a local
30 council the committee which is made confidential by law, which
31 relates to the identity of any client or group of clients
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1 subject to the protection of this section, or which relates to
2 the identity of an individual who provides information to the
3 council committee about abuse or alleged violations of
4 constitutional or human rights, is confidential and exempt
5 from the provisions of s. 119.07(1) and s. 24(a), Art. I of
6 the State Constitution.
7 (c) Portions of meetings of a local council district
8 human rights advocacy committee which relate to the identity
9 of any client or group of clients subject to the protections
10 of this section, which relate to the identity of an individual
11 who provides information to the council committee about abuse
12 or alleged violations of constitutional or human rights, or
13 wherein testimony is provided relating to records otherwise
14 made confidential by law, are exempt from the provisions of s.
15 286.011 and s. 24(b), Art. I of the State Constitution.
16 (d) All records prepared by members of a local council
17 the committee which reflect a mental impression, investigative
18 strategy, or theory are exempt from the provisions of s.
19 119.07(1) and s. 24(a), Art. I of the State Constitution until
20 the investigation is completed or until the investigation
21 ceases to be active. For purposes of this section, an
22 investigation is considered "active" while such investigation
23 is being conducted by a local council the committee with a
24 reasonable, good faith belief that it may lead to a finding of
25 abuse or of a violation of human rights. An investigation
26 does not cease to be active so long as the council committee
27 is proceeding with reasonable dispatch and there is a good
28 faith belief that action may be initiated by the council
29 committee or other administrative or law enforcement agency.
30 (e) Any person who knowingly and willfully discloses
31 any such confidential information is guilty of a misdemeanor
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1 of the second degree, punishable as provided in s. 775.082 or
2 s. 775.083.
3 Section 3. Section 402.167, Florida Statutes, is
4 amended to read:
5 402.167 Department duties relating to the Statewide
6 Human Rights Advocacy Council Committee and the Local District
7 Human Rights Advocacy Councils Committees.--
8 (1) The Department of Children and Family Health and
9 Rehabilitative Services shall adopt rules that which are
10 consistent with law, amended to reflect any statutory changes,
11 and that which rules address at least the following:
12 (a) Procedures by which Department of Children and
13 Family Health and Rehabilitative Services district staff refer
14 reports of abuse to local councils district human rights
15 advocacy committees.
16 (b) Procedures by which client information is made
17 available to members of the statewide council Human Rights
18 Advocacy Committee and the local councils district human
19 rights advocacy committees.
20 (c) Procedures by which recommendations made by the
21 councils human rights advocacy committees will be incorporated
22 into Department of Children and Family Health and
23 Rehabilitative Services policies and procedures.
24 (d) Procedures by which council committee members are
25 reimbursed for authorized expenditures.
26 (2) The Department of Children and Family Health and
27 Rehabilitative Services shall provide for the location of
28 local councils district human rights advocacy committees in
29 district headquarters offices and shall provide necessary
30 equipment and office supplies, including, but not limited to,
31
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1 clerical and word processing services, photocopiers, telephone
2 services, and stationery and other necessary supplies.
3 (3) The secretary shall ensure the full cooperation
4 and assistance of employees of the Department of Children and
5 Family Health and Rehabilitative Services with members and
6 staff of the human rights advocacy councils committees.
7 Further, the secretary shall ensure that to the extent
8 possible, staff assigned to the Statewide Human Rights
9 Advocacy Council Committees and Local District Human Rights
10 Advocacy Councils Committees are free of interference from or
11 control by the department in performing their duties relative
12 to those councils committees.
13 Section 4. Paragraph (a) of subsection (7) of section
14 39.001, Florida Statutes, 1998 Supplement, is amended to read:
15 39.001 Purposes and intent; personnel standards and
16 screening.--
17 (7) PLAN FOR COMPREHENSIVE APPROACH.--
18 (a) The department shall develop a state plan for the
19 prevention of abuse, abandonment, and neglect of children and
20 shall submit the plan to the Speaker of the House of
21 Representatives, the President of the Senate, and the Governor
22 no later than January 1, 1983. The Department of Education and
23 the Division of Children's Medical Services of the Department
24 of Health shall participate and fully cooperate in the
25 development of the state plan at both the state and local
26 levels. Furthermore, appropriate local agencies and
27 organizations shall be provided an opportunity to participate
28 in the development of the state plan at the local level.
29 Appropriate local groups and organizations shall include, but
30 not be limited to, community mental health centers; guardian
31 ad litem programs for children under the circuit court; the
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1 school boards of the local school districts; the local
2 district human rights advocacy councils committees; private or
3 public organizations or programs with recognized expertise in
4 working with children who are sexually abused, physically
5 abused, emotionally abused, abandoned, or neglected and with
6 expertise in working with the families of such children;
7 private or public programs or organizations with expertise in
8 maternal and infant health care; multidisciplinary child
9 protection teams; child day care centers; law enforcement
10 agencies, and the circuit courts, when guardian ad litem
11 programs are not available in the local area. The state plan
12 to be provided to the Legislature and the Governor shall
13 include, as a minimum, the information required of the various
14 groups in paragraph (b).
15 Section 5. Paragraph (k) of subsection (2) of section
16 39.202, Florida Statutes, 1998 Supplement, is amended to read:
17 39.202 Confidentiality of reports and records in cases
18 of child abuse or neglect.--
19 (2) Access to such records, excluding the name of the
20 reporter which shall be released only as provided in
21 subsection (4), shall be granted only to the following
22 persons, officials, and agencies:
23 (k) Any appropriate official of the human rights
24 advocacy council committee investigating a report of known or
25 suspected child abuse, abandonment, or neglect, the Auditor
26 General for the purpose of conducting preliminary or
27 compliance reviews pursuant to s. 11.45, or the guardian ad
28 litem for the child.
29 Section 6. Subsection (4) of section 39.302, Florida
30 Statutes, 1998 Supplement, is amended to read:
31
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1 39.302 Protective investigations of institutional
2 child abuse, abandonment, or neglect.--
3 (4) The department shall notify the human rights
4 advocacy council committee in the appropriate district of the
5 department as to every report of institutional child abuse,
6 abandonment, or neglect in the district in which a client of
7 the department is alleged or shown to have been abused,
8 abandoned, or neglected, which notification shall be made
9 within 48 hours after the department commences its
10 investigation.
11 Section 7. Paragraphs (g) and (i) of subsection (4)
12 and subsection (7) of section 393.13, Florida Statutes, are
13 amended to read:
14 393.13 Personal treatment of persons who are
15 developmentally disabled.--
16 (4) CLIENT RIGHTS.--For purposes of this subsection,
17 the term "client," as defined in s. 393.063, shall also
18 include any person served in a facility licensed pursuant to
19 s. 393.067.
20 (g) No client shall be subjected to a treatment
21 program to eliminate bizarre or unusual behaviors without
22 first being examined by a physician who in his or her best
23 judgment determines that such behaviors are not organically
24 caused.
25 1. Treatment programs involving the use of noxious or
26 painful stimuli shall be prohibited.
27 2. All alleged violations of this paragraph shall be
28 reported immediately to the chief administrative officer of
29 the facility or the district administrator, the department
30 head, and the local district human rights advocacy council
31 committee. A thorough investigation of each incident shall be
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1 conducted and a written report of the finding and results of
2 such investigation shall be submitted to the chief
3 administrative officer of the facility or the district
4 administrator and to the department head within 24 hours of
5 the occurrence or discovery of the incident.
6 3. The department shall promulgate by rule a system
7 for the oversight of behavioral programs. Such system shall
8 establish guidelines and procedures governing the design,
9 approval, implementation, and monitoring of all behavioral
10 programs involving clients. The system shall ensure statewide
11 and local review by committees of professionals certified as
12 behavior analysts pursuant to s. 393.17. No behavioral
13 program shall be implemented unless reviewed according to the
14 rules established by the department under this section.
15 Nothing stated in this section shall prohibit the review of
16 programs by the local district human rights advocacy council
17 committee.
18 (i) Clients shall have the right to be free from
19 unnecessary physical, chemical, or mechanical restraint.
20 Restraints shall be employed only in emergencies or to protect
21 the client from imminent injury to himself or herself or
22 others. Restraints shall not be employed as punishment, for
23 the convenience of staff, or as a substitute for a
24 habilitative plan. Restraints shall impose the least possible
25 restrictions consistent with their purpose and shall be
26 removed when the emergency ends. Restraints shall not cause
27 physical injury to the client and shall be designed to allow
28 the greatest possible comfort.
29 1. Mechanical supports used in normative situations to
30 achieve proper body position and balance shall not be
31 considered restraints, but shall be prescriptively designed
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1 and applied under the supervision of a qualified professional
2 with concern for principles of good body alignment,
3 circulation, and allowance for change of position.
4 2. Totally enclosed cribs and barred enclosures shall
5 be considered restraints.
6 3. Daily reports on the employment of physical,
7 chemical, or mechanical restraints by those specialists
8 authorized in the use of such restraints shall be made to the
9 appropriate chief administrator of the facility, and a monthly
10 summary of such reports shall be relayed to the district
11 administrator and the local district human rights advocacy
12 council committee. The reports shall summarize all such cases
13 of restraints, the type used, the duration of usage, and the
14 reasons therefor. Districts shall submit districtwide
15 quarterly reports of these summaries to the state
16 Developmental Services Program Office.
17 4. The department shall post a copy of the rules
18 promulgated under this section in each living unit of
19 residential facilities. A copy of the rules promulgated under
20 this section shall be given to all staff members of licensed
21 facilities and made a part of all preservice and inservice
22 training programs.
23 (7) RESIDENT GOVERNMENT.--Each residential facility
24 providing services to clients who are desirous and capable of
25 participating shall initiate and develop a program of resident
26 government to hear the views and represent the interests of
27 all clients served by the facility. The resident government
28 shall be composed of residents elected by other residents,
29 staff advisers skilled in the administration of community
30 organizations, and a representative of the local district
31 human rights advocacy council committee. The resident
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1 government shall work closely with the local district human
2 rights advocacy council committee and the district
3 administrator to promote the interests and welfare of all
4 residents in the facility.
5 Section 8. Paragraph (c) of subsection (5) and
6 subsection (12) of section 394.459, Florida Statutes, are
7 amended to read:
8 394.459 Rights of patients.--
9 (5) COMMUNICATION, ABUSE REPORTING, AND VISITS.--
10 (c) Each facility must permit immediate access to any
11 patient, subject to the patient's right to deny or withdraw
12 consent at any time, by the patient's family members,
13 guardian, guardian advocate, representative, human rights
14 advocacy council committee, or attorney, unless such access
15 would be detrimental to the patient. If a patient's right to
16 communicate or to receive visitors is restricted by the
17 facility, written notice of such restriction and the reasons
18 for the restriction shall be served on the patient, the
19 patient's attorney, and the patient's guardian, guardian
20 advocate, or representative; and such restriction shall be
21 recorded on the patient's clinical record with the reasons
22 therefor. The restriction of a patient's right to communicate
23 or to receive visitors shall be reviewed at least every 7
24 days. The right to communicate or receive visitors shall not
25 be restricted as a means of punishment. Nothing in this
26 paragraph shall be construed to limit the provisions of
27 paragraph (d).
28 (12) POSTING OF NOTICE OF RIGHTS OF PATIENTS.--Each
29 facility shall post a notice listing and describing, in the
30 language and terminology that the persons to whom the notice
31 is addressed can understand, the rights provided in this
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1 section. This notice shall include a statement that
2 provisions of the federal Americans with Disabilities Act
3 apply and the name and telephone number of a person to contact
4 for further information. This notice shall be posted in a
5 place readily accessible to patients and in a format easily
6 seen by patients. This notice shall include the telephone
7 numbers of the local human rights advocacy council committee
8 and Advocacy Center for Persons with Disabilities, Inc.
9 Section 9. Section 394.4595, Florida Statutes, is
10 amended to read:
11 394.4595 Human Rights Advocacy Council Committee
12 access to patients and records.--Any facility designated by
13 the department as a receiving or treatment facility must allow
14 access to any patient and the clinical and legal records of
15 any patient admitted pursuant to the provisions of this act by
16 members of the Human Rights Advocacy Council Committee.
17 Section 10. Paragraph (d) of subsection (2) of section
18 394.4597, Florida Statutes, is amended to read:
19 394.4597 Persons to be notified; patient's
20 representative.--
21 (2) INVOLUNTARY PATIENTS.--
22 (d) When the receiving or treatment facility selects a
23 representative, first preference shall be given to a health
24 care surrogate, if one has been previously selected by the
25 patient. If the patient has not previously selected a health
26 care surrogate, the selection, except for good cause
27 documented in the patient's clinical record, shall be made
28 from the following list in the order of listing:
29 1. The patient's spouse.
30 2. An adult child of the patient.
31 3. A parent of the patient.
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1 4. The adult next of kin of the patient.
2 5. An adult friend of the patient.
3 6. The appropriate human rights advocacy council
4 committee as provided in s. 402.166.
5 Section 11. Subsection (1) of section 394.4598,
6 Florida Statutes, is amended to read:
7 394.4598 Guardian advocate.--
8 (1) The administrator may petition the court for the
9 appointment of a guardian advocate based upon the opinion of a
10 psychiatrist that the patient is incompetent to consent to
11 treatment. If the court finds that a patient is incompetent to
12 consent to treatment and has not been adjudicated
13 incapacitated and a guardian with the authority to consent to
14 mental health treatment appointed, it shall appoint a guardian
15 advocate. The patient has the right to have an attorney
16 represent him or her at the hearing. If the person is
17 indigent, the court shall appoint the office of the public
18 defender to represent him or her at the hearing. The patient
19 has the right to testify, cross-examine witnesses, and present
20 witnesses. The proceeding shall be recorded either
21 electronically or stenographically, and testimony shall be
22 provided under oath. One of the professionals authorized to
23 give an opinion in support of a petition for involuntary
24 placement, as described in s. 394.467(2), must testify. A
25 guardian advocate must meet the qualifications of a guardian
26 contained in part IV of chapter 744, except that a
27 professional referred to in this part, an employee of the
28 facility providing direct services to the patient under this
29 part, a departmental employee, a facility administrator, or
30 member of the local district human rights advocacy council may
31
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1 committee shall not be appointed. A person who is appointed as
2 a guardian advocate must agree to the appointment.
3 Section 12. Paragraph (b) of subsection (2) of section
4 394.4599, Florida Statutes, is amended to read:
5 394.4599 Notice.--
6 (2) INVOLUNTARY PATIENTS.--
7 (b) A receiving facility shall give prompt notice of
8 the whereabouts of a patient who is being involuntarily held
9 for examination, by telephone or in person within 24 hours
10 after the patient's arrival at the facility, unless the
11 patient requests that no notification be made. Contact
12 attempts shall be documented in the patient's clinical record
13 and shall begin as soon as reasonably possible after the
14 patient's arrival. Notice that a patient is being admitted as
15 an involuntary patient shall be given to the local human
16 rights advocacy council committee no later than the next
17 working day after the patient is admitted.
18 Section 13. Subsection (5) of section 394.4615,
19 Florida Statutes, is amended to read:
20 394.4615 Clinical records; confidentiality.--
21 (5) Information from clinical records may be used by
22 the Agency for Health Care Administration, the department, and
23 the human rights advocacy councils committees for the purpose
24 of monitoring facility activity and complaints concerning
25 facilities.
26 Section 14. Paragraph (g) of subsection (2) of section
27 400.0067, Florida Statutes, is amended to read:
28 400.0067 Establishment of State Long-Term Care
29 Ombudsman Council; duties; membership.--
30 (2) The State Long-Term Care Ombudsman Council shall:
31
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1 (g) Enter into a cooperative agreement with the
2 statewide and local district human rights advocacy councils
3 committees for the purpose of coordinating advocacy services
4 provided to residents of long-term care facilities.
5 Section 15. Section 400.0089, Florida Statutes, is
6 amended to read:
7 400.0089 Agency reports.--The State Long-Term Care
8 Ombudsman Council, shall, in cooperation with the Department
9 of Elderly Affairs, maintain a statewide uniform reporting
10 system to collect and analyze data relating to complaints and
11 conditions in long-term care facilities and to residents, for
12 the purpose of identifying and resolving significant problems.
13 The council shall submit such data as part of its annual
14 report required pursuant to s. 400.0067(2)(h) to the Agency
15 for Health Care Administration, the Department of Health and
16 Rehabilitative Services, the Statewide Human Rights Advocacy
17 Council Committee, the Advocacy Center for Persons with
18 Disabilities, the Commissioner for the United States
19 Administration on Aging, the National Ombudsman Resource
20 Center, and any other state or federal entities that the
21 ombudsman determines appropriate.
22 Section 16. Subsection (13) of section 400.419,
23 Florida Statutes, 1998 Supplement, is amended to read:
24 400.419 Violations; administrative fines.--
25 (13) The agency shall develop and disseminate an
26 annual list of all facilities sanctioned or fined $5,000 or
27 more for violations of state standards, the number and class
28 of violations involved, the penalties imposed, and the current
29 status of cases. The list shall be disseminated, at no charge,
30 to the Department of Elderly Affairs, the Department of
31 Health, the Department of Children and Family Services, the
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1 area agencies on aging, the Statewide Human Rights Advocacy
2 Council Committee, and the state and district nursing home
3 ombudsman councils. The Department of Children and Family
4 Services shall disseminate the list to service providers under
5 contract to the department who are responsible for referring
6 persons to a facility for residency. The agency may charge a
7 fee commensurate with the cost of printing and postage to
8 other interested parties requesting a copy of this list.
9 Section 17. Subsection (2) of section 400.428, Florida
10 Statutes, 1998 Supplement, is amended to read:
11 400.428 Resident bill of rights.--
12 (2) The administrator of a facility shall ensure that
13 a written notice of the rights, obligations, and prohibitions
14 set forth in this part is posted in a prominent place in each
15 facility and read or explained to residents who cannot read.
16 This notice shall include the name, address, and telephone
17 numbers of the district ombudsman council and adult abuse
18 registry and, when applicable, the Advocacy Center for Persons
19 with Disabilities, Inc., and the local district human rights
20 advocacy council committee, where complaints may be lodged.
21 The facility must ensure a resident's access to a telephone to
22 call the district ombudsman council, adult abuse registry,
23 Advocacy Center for Persons with Disabilities, Inc., and local
24 district human rights advocacy council committee.
25 Section 18. Paragraph (a) of subsection (1) of section
26 415.1034, Florida Statutes, 1998 Supplement, is amended to
27 read:
28 415.1034 Mandatory reporting of abuse, neglect, or
29 exploitation of disabled adults or elderly persons; mandatory
30 reports of death.--
31 (1) MANDATORY REPORTING.--
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1 (a) Any person, including, but not limited to, any:
2 1. Physician, osteopathic physician, medical examiner,
3 chiropractic physician, nurse, or hospital personnel engaged
4 in the admission, examination, care, or treatment of disabled
5 adults or elderly persons;
6 2. Health professional or mental health professional
7 other than one listed in subparagraph 1.;
8 3. Practitioner who relies solely on spiritual means
9 for healing;
10 4. Nursing home staff; assisted living facility staff;
11 adult day care center staff; adult family-care home staff;
12 social worker; or other professional adult care, residential,
13 or institutional staff;
14 5. State, county, or municipal criminal justice
15 employee or law enforcement officer;
16 6. Human rights advocacy council member committee or
17 long-term care ombudsman council member; or
18 7. Bank, savings and loan, or credit union officer,
19 trustee, or employee,
20
21 who knows, or has reasonable cause to suspect, that a disabled
22 adult or an elderly person has been or is being abused,
23 neglected, or exploited shall immediately report such
24 knowledge or suspicion to the central abuse registry and
25 tracking system on the single statewide toll-free telephone
26 number.
27 Section 19. Subsection (1) of section 415.104, Florida
28 Statutes, is amended to read:
29 415.104 Protective services investigations of cases of
30 abuse, neglect, or exploitation of aged persons or disabled
31 adults; transmittal of records to state attorney.--
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1 (1) The department shall, upon receipt of a report
2 alleging abuse, neglect, or exploitation of an aged person or
3 disabled adult, commence, or cause to be commenced within 24
4 hours, a protective services investigation of the facts
5 alleged therein. If, upon arrival of the protective
6 investigator at the scene of the incident, a caregiver refuses
7 to allow the department to begin a protective services
8 investigation or interferes with the department's ability to
9 conduct such an investigation, the appropriate law enforcement
10 agency shall be contacted to assist the department in
11 commencing the protective services investigation. If, during
12 the course of the investigation, the department has reason to
13 believe that the abuse, neglect, or exploitation is
14 perpetrated by a second party, the appropriate criminal
15 justice agency and state attorney shall be orally notified in
16 order that such agencies may begin a criminal investigation
17 concurrent with the protective services investigation of the
18 department. In an institutional investigation, the alleged
19 perpetrator may be represented by an attorney, at his or her
20 own expense, or accompanied by another person, if the person
21 or the attorney executes an affidavit of understanding with
22 the department and agrees to comply with the confidentiality
23 provisions of s. 415.107. The absence of an attorney or other
24 person does not prevent the department from proceeding with
25 other aspects of the investigation, including interviews with
26 other persons. The department shall make a preliminary
27 written report to the criminal justice agencies within 5
28 working days after the oral report. The department shall,
29 within 24 hours after receipt of the report, notify the
30 appropriate human rights advocacy council committee, or
31 long-term care ombudsman council, when appropriate, that an
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1 alleged abuse, neglect, or exploitation perpetrated by a
2 second party has occurred. Notice to the human rights
3 advocacy council committee or long-term care ombudsman council
4 may be accomplished orally or in writing and shall include the
5 name and location of the aged person or disabled adult alleged
6 to have been abused, neglected, or exploited and the nature of
7 the report. For each report it receives, the department shall
8 perform an onsite investigation to:
9 (a) Determine that the person is an aged person or
10 disabled adult as defined in s. 415.102.
11 (b) Determine the composition of the family or
12 household, including the name, address, date of birth, social
13 security number, sex, and race of each aged person or disabled
14 adult named in the report; any others in the household or in
15 the care of the caregiver, or any other persons responsible
16 for the aged person's or disabled adult's welfare; and any
17 other adults in the same household.
18 (c) Determine whether there is an indication that any
19 aged person or disabled adult is abused, neglected, or
20 exploited, including a determination of harm or threatened
21 harm to any aged person or disabled adult; the nature and
22 extent of present or prior injuries, abuse, or neglect, and
23 any evidence thereof; and a determination as to the person or
24 persons apparently responsible for the abuse, neglect, or
25 exploitation, including the name, address, date of birth,
26 social security number, sex, and race of each person to be
27 classified as an alleged perpetrator in a proposed confirmed
28 report. An alleged perpetrator named in a proposed confirmed
29 report of abuse, neglect, or exploitation shall cooperate in
30 the provision of the required data for the central abuse
31 registry and tracking system to the fullest extent possible.
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1 (d) Determine the immediate and long-term risk to each
2 aged person or disabled adult through utilization of
3 standardized risk assessment instruments.
4 (e) Determine the protective, treatment, and
5 ameliorative services necessary to safeguard and ensure the
6 aged person's or disabled adult's well-being and cause the
7 delivery of those services through the early intervention of
8 the departmental worker responsible for service provision and
9 management of identified services.
10 Section 20. Paragraphs (a) and (i) of subsection (1)
11 of section 415.1055, Florida Statutes, 1998 Supplement, are
12 amended to read:
13 415.1055 Notification to administrative entities,
14 subjects, and reporters; notification to law enforcement and
15 state attorneys.--
16 (1) NOTIFICATION TO ADMINISTRATIVE ENTITIES.--
17 (a) The department shall, within 24 hours after
18 receipt of a report of abuse, neglect, or exploitation of a
19 disabled adult or an elderly person within a facility,
20 excluding Saturdays, Sundays, and legal holidays, notify the
21 appropriate human rights advocacy council committee and the
22 long-term care ombudsman council, in writing, that the
23 department has reasonable cause to believe that a disabled
24 adult or an elderly person has been abused, neglected, or
25 exploited at the facility.
26 (i) At the conclusion of a protective investigation at
27 a facility, the department shall notify either the human
28 rights advocacy council committee or long-term care ombudsman
29 council of the results of the investigation. This
30 notification must be in writing.
31
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1 Section 21. Subsection (2) of section 415.106, Florida
2 Statutes, is amended to read:
3 415.106 Cooperation by the department and criminal
4 justice and other agencies.--
5 (2) To ensure coordination, communication, and
6 cooperation with the investigation of abuse, neglect, or
7 exploitation of disabled adults or elderly persons, the
8 department shall develop and maintain interprogram agreements
9 or operational procedures among appropriate departmental
10 programs and the State Long-Term Care Ombudsman Council, the
11 Statewide Human Rights Advocacy Council Committee, and other
12 agencies that provide services to disabled adults or elderly
13 persons. These agreements or procedures must cover such
14 subjects as the appropriate roles and responsibilities of the
15 department in identifying and responding to reports of abuse,
16 neglect, or exploitation of disabled adults or elderly
17 persons; the provision of services; and related coordinated
18 activities.
19 Section 22. Paragraph (g) of subsection (2) of section
20 415.107, Florida Statutes, 1998 Supplement, is amended to
21 read:
22 415.107 Confidentiality of reports and records.--
23 (2) Access to all records, excluding the name of the
24 reporter which shall be released only as provided in
25 subsection (6), shall be granted only to the following
26 persons, officials, and agencies:
27 (g) Any appropriate official of the human rights
28 advocacy council committee or long-term care ombudsman council
29 investigating a report of known or suspected abuse, neglect,
30 or exploitation of a disabled adult or an elderly person.
31 Section 23. This act shall take effect July 1, 1999.
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1 *****************************************
2 SENATE SUMMARY
3 Renames the Statewide Human Rights Advocacy Committee and
the district human rights advocacy committees as the
4 Statewide Human Rights Advocacy Council and the local
human rights advocacy councils, respectively. Provides
5 for the statewide council and local councils to monitor
and investigate allegations of abuse of human or
6 constitutional rights by the Department of Children and
Family Services. Revises the membership of the statewide
7 council. Provides for the establishment of additional
local human rights advocacy councils.
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