Senate Bill 0340

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    Florida Senate - 2000                                   SB 340

    By Senator Forman





    32-316-00

  1                      A bill to be entitled

  2         An act relating to human rights; creating s.

  3         402.164, F.S.; providing legislative intent

  4         with respect to the duties and powers of the

  5         Statewide Human Rights Advocacy Committee and

  6         the district human rights advocacy committees;

  7         defining the terms "client" and "client

  8         services" as used in ss. 402.164-402.167, F.S.;

  9         providing for the Statewide Human Rights

10         Advocacy Committee to monitor the activities

11         of, and investigate complaints against, state

12         agencies that provide client services; amending

13         s. 402.166, F.S.; revising the duties of the

14         district human rights advocacy committees to

15         conform to the expanded duties of the statewide

16         committee; amending s. 402.167, F.S.; providing

17         rulemaking authority to the state agencies

18         subject to investigation by the human rights

19         advocacy committees; providing an effective

20         date.

21

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

23

24         Section 1.  Section 402.164, Florida Statutes, is

25  created to read:

26         402.164  Legislative intent; definition.--

27         (1)(a)  It is the intent of the Legislature to use

28  citizen volunteers as members of the Statewide Human Rights

29  Advocacy Committee and the district human rights advocacy

30  committees, and to have volunteers operate a network of

31  committees that shall, without interference by an executive

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  1  agency, undertake to discover, monitor, investigate, and

  2  determine the presence of conditions or individuals that

  3  constitute a threat to the rights, health, safety, or welfare

  4  of persons who receive services from state agencies.

  5         (b)  It is the further intent of the Legislature that

  6  the monitoring and investigation shall safeguard the health,

  7  safety, and welfare of consumers of services provided by these

  8  state agencies.

  9         (2)  As used in ss. 402.164-402.167, the term:

10         (a)  "Client" means a recipient of one or more of the

11  services provided to individuals described in chapter 39,

12  chapter 393, chapter 394, chapter 397, part III, V, or VIII of

13  chapter 400, chapter 409, chapter 411, chapter 414, chapter

14  415, or chapter 916 which service is provided by a state

15  agency or a service provider that is regulated, funded, or

16  licensed by a state agency.

17         (b)  "Client services" means services or programs that

18  are provided to a client.

19         Section 2.  Section 402.165, Florida Statutes, is

20  amended to read:

21         402.165  Statewide Human Rights Advocacy Committee;

22  confidential records and meetings.--

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

24  and Family Services a Statewide Human Rights Advocacy

25  Committee.  The Department of Children and Family Services

26  shall provide administrative support and service to the

27  committee to the extent requested by the executive director

28  within available resources.  The Statewide Human Rights

29  Advocacy Committee is shall not be subject to control,

30  supervision, or direction by the Department of Children and

31  Family Services in the performance of its duties.  The

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  1  committee shall consist of 15 residents of this state

  2  citizens, one from each service district of the Department of

  3  Children and Family Services, who broadly represent the

  4  interests of the public and the clients of one of the state

  5  agencies that provide client services that department. The

  6  members shall be representative of five groups of state

  7  residents citizens as follows:  one elected public official;

  8  two providers who deliver client services or programs to

  9  clients of the Department of Children and Family Services;

10  four nonsalaried representatives of nonprofit agencies or

11  civic groups; four representatives of health and

12  rehabilitative services consumer groups who are currently

13  receiving, or have received, client services from the

14  Department of Children and Family Services within the past 4

15  years, at least one of whom must be a consumer of one or more

16  client services; and four residents of the state who do not

17  represent any of the foregoing groups, two of whom represent

18  health-related professions and two of whom represent the legal

19  profession.  In appointing the representatives of the

20  health-related professions, the appointing authority shall

21  give priority of consideration to a physician licensed under

22  chapter 458 or chapter 459; and, in appointing the

23  representatives of the legal profession, the appointing

24  authority shall give priority of consideration to a member in

25  good standing of The Florida Bar. Except for the member who is

26  an elected public official, each member of the Statewide Human

27  Rights Advocacy Committee must have served as a member of a

28  district human rights advocacy committee.  Persons related to

29  each other by consanguinity or affinity within the third

30  degree may not serve on the Statewide Human Rights Advocacy

31  Committee at the same time.

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  1         (2)  Members of the Statewide Human Rights Advocacy

  2  Committee shall be appointed to serve terms of 3 years.  A

  3  member may not serve more than two consecutive terms.  The

  4  limitation on the number of terms a member may serve applies

  5  without regard to whether a term was served before or after

  6  October 1, 1989.

  7         (3)  If a member of the Statewide Human Rights Advocacy

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

  9  meetings during the course of a year, the position held by

10  such member may be deemed vacant by the committee.  The

11  Governor shall fill the vacancy pursuant to subsection (4). If

12  a member of the Statewide Human Rights Advocacy Committee

13  violates is in violation of the provisions of this section or

14  procedures adopted under this section thereto, the committee

15  may recommend to the Governor that the such member be removed.

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

17  Statewide Human Rights Advocacy Committee from a list of

18  nominees submitted by the statewide committee.  A list of

19  candidates shall be submitted to the statewide committee by

20  the district human rights advocacy committee in the district

21  from which the vacancy occurs.  Priority of consideration

22  shall be given to the appointment of an individual whose

23  primary interest, experience, or expertise lies with a major

24  client group that is receiving one or more client services and

25  is of the Department of Children and Family Services not

26  represented on the committee at the time of the appointment.

27  If an appointment is not made within 60 days after a vacancy

28  occurs on the committee, the vacancy shall be filled by a

29  majority vote of the statewide committee without further

30  action by the Governor. A No person who is employed by any

31  state agency that provides client services the Department of

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  1  Children and Family Services may not be appointed to the

  2  committee.

  3         (5)(a)  Members of the Statewide Human Rights Advocacy

  4  Committee shall receive no compensation, but are shall be

  5  entitled to be reimbursed for per diem and travel expenses in

  6  accordance with s. 112.061.

  7         (b)  The committee shall select an executive director

  8  who shall serve at the pleasure of the committee and shall

  9  perform the duties delegated to him or her by the committee.

10  The compensation of the executive director shall be

11  established in accordance with the rules of the Selected

12  Exempt Service.

13         (c)  The committee may apply for, receive, and accept

14  grants, gifts, donations, bequests, and other payments

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

16  intangible, and service from any governmental or other public

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

18  use of same.

19         (d)  The Statewide Human Rights Advocacy Committee

20  shall annually prepare a budget request that may shall not be

21  changed subject to change by department staff after it is

22  approved by the committee, but the budget request shall be

23  submitted to the Governor by the department for transmittal to

24  the Legislature.  The budget must shall include a request for

25  funds to carry out the activities of the Statewide Human

26  Rights Advocacy Committee and the district human rights

27  advocacy committees.

28         (6)  The members of the Statewide Human Rights Advocacy

29  Committee shall elect a chairperson to a term of 1 year.  A

30  person may not serve as chairperson for more than two

31  consecutive terms.

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  1         (7)  The responsibilities of the committee include, but

  2  are not limited to:

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

  4  for protecting the constitutional and human rights of clients

  5  any client within programs a program or facilities facility

  6  operated, funded, licensed, or regulated by any state agency

  7  that provides client services the Department of Children and

  8  Family Services.

  9         (b)  Monitoring, by site visit and inspection of

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

11  facilities operated, funded, regulated, or licensed by a state

12  agency that provides client services the Department of

13  Children and Family Services for the purpose of preventing

14  abuse or deprivation of the constitutional and human rights of

15  clients.  The Statewide Human Rights Advocacy Committee may

16  conduct an unannounced site visit or monitoring visit that

17  involves the inspection of records if such visit is

18  conditioned upon a complaint.  A complaint may be generated by

19  the committee itself if information from any state agency that

20  provides client services the Department of Children and Family

21  Services or from other sources indicates a situation at the

22  program or facility that indicates possible abuse or neglect

23  of clients.  The Statewide Human Rights Advocacy Committee

24  shall establish and follow uniform criteria for the review of

25  information and generation of complaints.  Routine program

26  monitoring and reviews that do not require an examination of

27  records may be made unannounced.

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

29  abuse or deprivation of constitutional and human rights

30  referred to the Statewide Human Rights Advocacy Committee by a

31  district human rights advocacy committee.  If a matter

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  1  constitutes a threat to the life, safety, or health of clients

  2  or is multidistrict in scope, the Statewide Human Rights

  3  Advocacy Committee may exercise such powers without the

  4  necessity of a referral from a district committee.

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

  6  revised programs of state agencies that provide client

  7  services the Department of Children and Family Services and

  8  making recommendations as to how the rights of clients are

  9  affected.

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

11  later than December 30 of each calendar year, concerning

12  activities, recommendations, and complaints reviewed or

13  developed by the committee during the year.

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

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

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

17  committee.

18         (g)  Developing and adopting uniform procedures to be

19  used to carry out the purpose and responsibilities of the

20  human rights advocacy committees, which procedures shall

21  include, but need not be limited to, the following:

22         1.  The responsibilities of the committee;

23         2.  The organization and operation of the statewide

24  committee and district committees, including procedures for

25  replacing a member, formats for maintaining records of

26  committee activities, and criteria for determining what

27  constitutes a conflict of interest for purposes of assigning

28  and conducting investigations and monitoring;

29         3.  Uniform procedures for the statewide committee and

30  district committees to receive and investigate reports of

31  abuse of constitutional or human rights;

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  1         4.  The responsibilities and relationship of the

  2  district human rights advocacy committees to the statewide

  3  committee;

  4         5.  The relationship of the committee to the state

  5  agencies that receive and investigate reports of abuse and

  6  neglect of children or adults Department of Children and

  7  Family Services, including the way in which reports of

  8  findings and recommendations related to reported abuse are

  9  given to the appropriate state agency that provides client

10  services Department of Children and Family Services;

11         6.  Provision for cooperation with the State Long-Term

12  Care Ombudsman Council;

13         7.  Procedures for appeal. An appeal to the state

14  committee is made by a district human rights advocacy

15  committee when a valid complaint is not resolved at the

16  district level. The statewide committee may appeal an

17  unresolved complaint to the secretary or director of the

18  appropriate state agency that provides client services

19  Department of Children and Family Services. If, after

20  exhausting all remedies, the statewide committee is not

21  satisfied that the complaint can be resolved within the state

22  agency Department of Children and Family Services, the appeal

23  may be referred to the Governor or the Legislature;

24         8.  Uniform procedures for gaining access to and

25  maintaining confidential information; and

26         9.  Definitions of misfeasance and malfeasance for

27  members of the statewide committee and district committees.

28         (h)  Monitoring the performance and activities of all

29  district committees and providing technical assistance to

30  members and staff of district committees.

31

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  1         (i)  Providing for the development and presentation of

  2  a standardized training program for members of district

  3  committees.

  4         (8)(a)  In the performance of its duties, the Statewide

  5  Human Rights Advocacy Committee shall have:

  6         1.  Authority to receive, investigate, seek to

  7  conciliate, hold hearings on, and act on complaints which

  8  allege any abuse or deprivation of constitutional or human

  9  rights of clients.

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

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

12  funded, licensed, or regulated by any state agency that

13  provides client services the Department of Children and Family

14  Services and any records that which are material to its

15  investigation and which are in the custody of any other agency

16  or department of government.  The committee's investigation or

17  monitoring may shall not impede or obstruct matters under

18  investigation by law enforcement or judicial authorities.

19  Access may shall not be granted if a specific procedure or

20  prohibition for reviewing records is required by federal law

21  and regulation that which supersedes state law. Access may

22  shall not be granted to the records of a private licensed

23  practitioner who is providing services outside the state

24  agencies, or outside a state facility, and facilities and

25  whose client is competent and refuses disclosure.

26         3.  Standing to petition the circuit court for access

27  to client records that which are confidential as specified by

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

29  which the committee is seeking access and the intended use of

30  such information.  The court may authorize committee access to

31  such records upon a finding that such access is directly

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  1  related to an investigation regarding the possible deprivation

  2  of constitutional or human rights or the abuse of a client.

  3  Original client files, records, and reports may shall not be

  4  removed from a state agency the Department of Children and

  5  Family Services or agency facilities. Under no circumstance

  6  shall The committee may not have access to confidential

  7  adoption records in accordance with the provisions of ss.

  8  39.0132, 63.022, and 63.162.  Upon completion of a general

  9  investigation of practices and procedures of a state agency

10  the Department of Children and Family Services, the committee

11  shall report its findings to that agency department.

12         (b)  All information obtained or produced by the

13  committee which is made confidential by law, which relates to

14  the identity of any client or group of clients subject to the

15  protections of this section, or which relates to the identity

16  of an individual who provides information to the committee

17  about abuse or alleged violations of constitutional or human

18  rights, is confidential and exempt from the provisions of s.

19  119.07(1) and s. 24(a), Art. I of the State Constitution.

20         (c)  Portions of meetings of the Statewide Human Rights

21  Advocacy Committee which relate to the identity of any client

22  or group of clients subject to the protections of this

23  section, which relate to the identity of an individual who

24  provides information to the committee about abuse or alleged

25  violations of constitutional or human rights, or wherein

26  testimony is provided relating to records otherwise made

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

28  286.011 and s. 24(b), Art. I of the State Constitution.

29         (d)  All records prepared by members of the committee

30  which reflect a mental impression, investigative strategy, or

31  theory are exempt from the provisions of s. 119.07(1) and s.

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  1  24(a), Art. I of the State Constitution until the

  2  investigation is completed or until the investigation ceases

  3  to be active.  For purposes of this section, an investigation

  4  is considered "active" while such investigation is being

  5  conducted by the committee with a reasonable, good faith

  6  belief that it may lead to a finding of abuse or of a

  7  violation of human rights.  An investigation does not cease to

  8  be active so long as the committee is proceeding with

  9  reasonable dispatch and there is a good faith belief that

10  action may be initiated by the committee or other

11  administrative or law enforcement agency.

12         (e)  Any person who knowingly and willfully discloses

13  any such confidential information commits is guilty of a

14  misdemeanor of the second degree, punishable as provided in s.

15  775.082 or s. 775.083.

16         Section 3.  Section 402.166, Florida Statutes, is

17  amended to read:

18         402.166  District human rights advocacy committees;

19  confidential records and meetings.--

20         (1)  At least one district human rights advocacy

21  committee is created in each service district of the

22  Department of Children and Family Services.  The district

23  human rights advocacy committees shall be subject to direction

24  from and the supervision of the Statewide Human Rights

25  Advocacy Committee.  The district administrator shall assign

26  staff to provide administrative support to the committees, and

27  staff assigned to these positions shall perform the functions

28  required by the committee without interference from the

29  department.  The district committees shall direct the

30  activities of staff assigned to them to the extent necessary

31  for the committees to carry out their duties.  The number and

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  1  areas of responsibility of the district human rights advocacy

  2  committees, not to exceed three in any district, shall be

  3  determined by the majority vote of district committee members.

  4  However, district II may have four committees. District

  5  committees shall meet at facilities under their jurisdiction

  6  whenever possible.

  7         (2)  Each district human rights advocacy committee

  8  shall have no fewer than 7 members and no more than 15

  9  members, 25 percent of whom are or have been recipients of one

10  or more client services clients of the Department of Children

11  and Family Services within the last 4 years, except that one

12  member of this group may be an immediate relative or legal

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

14  who deliver client services or programs to clients of the

15  Department of Children and Family Services; and two

16  representatives of professional organizations, one of whom

17  represents health-related professions and one of whom

18  represents the legal profession. Priority of consideration

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

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

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

22  consideration shall also be given to the appointment of an

23  individual whose primary interest, experience, or expertise

24  lies with a major client group receiving client services which

25  is of the Department of Children and Family Services not

26  represented on the committee at the time of the appointment.

27  In no case shall A person who is employed by a state agency

28  that provides client services may not the Department of

29  Children and Family Services be selected as a member of a

30  committee.  At no time shall Individuals who provide are

31  providing contracted services to any such state agency may not

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  1  the Department of Children and Family Services constitute more

  2  than 25 percent of the membership of a district committee.

  3  Persons related to each other by consanguinity or affinity

  4  within the third degree may shall not serve on the same

  5  district human rights advocacy committee at the same time.

  6  All members of district human rights advocacy committees must

  7  successfully complete a standardized training course for

  8  committee members within 3 months after their appointment to a

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

10  which requires access to confidential information prior to the

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

12  the required training course, a member of a committee may

13  shall not be prevented from participating in any activity of

14  that committee, including investigations and monitoring,

15  except due to a conflict of interest as described in the

16  procedures established by the Statewide Human Rights Advocacy

17  Committee pursuant to subsection (7).

18         (3)(a)  With respect to existing committees, each

19  member shall serve a term of 4 years.  Upon expiration of a

20  term and in the case of any other vacancy, the district

21  committee shall appoint a replacement by majority vote of the

22  committee, subject to the approval of the Governor.  A member

23  may serve no more than two consecutive terms.

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

25  of any newly created committee; and those 4 members shall

26  select the remaining 11 members, subject to approval of the

27  Governor.  If any of the first four members are not appointed

28  within 60 days after of a request is being submitted to the

29  Governor, those members shall be appointed by a majority vote

30  of the district committee without further action by the

31  Governor.

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  1         2.  Members may not shall serve for no more than two

  2  consecutive terms of 3 years, except that at the time of

  3  initial appointment, terms shall be staggered so that the

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

  5  remaining five members serve for terms of 3 years.  Vacancies

  6  shall be filled as provided in subparagraph 1.

  7         (c)  If no action is taken by the Governor takes no

  8  action to approve or disapprove a replacement of a member

  9  pursuant to this paragraph within 30 days after the district

10  committee has notified the Governor of the appointment, then

11  the appointment of the replacement is shall be considered to

12  be approved.

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

14  serve applies without regard to whether a term was served

15  before or after October 1, 1989.

16         (4)  Each committee shall elect a chairperson for a

17  term of 1 year.  A person may not serve as chairperson for

18  more than two consecutive terms.  The chairperson's term

19  expires on the anniversary of the chairperson's election.

20         (5)  If In the event that a committee member fails to

21  attend two-thirds of the regular committee meetings during the

22  course of a year, it shall be the responsibility of the

23  committee to replace such member.  If a district committee

24  member violates is in violation of the provisions of this

25  section subsection or procedures adopted under this section

26  thereto, a district committee may recommend to the Governor

27  that the such member be removed.

28         (6)  A member of a district committee shall receive no

29  compensation but is shall receive per diem and shall be

30  entitled to be reimbursed for per diem and travel expenses as

31  provided in s. 112.061.  Members may be provided reimbursement

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  1  for long-distance telephone calls if such calls were necessary

  2  to an investigation of an abuse or deprivation of human

  3  rights.

  4         (7)  A district human rights advocacy committee shall

  5  first seek to resolve a complaint with the appropriate local

  6  administration, agency, or program; any matter not resolved by

  7  the district committee shall be referred to the Statewide

  8  Human Rights Advocacy Committee.  A district human rights

  9  advocacy committee shall comply with appeal procedures

10  established by the Statewide Human Rights Advocacy Committee.

11  The duties, actions, and procedures of both new and existing

12  district human rights advocacy committees shall conform to the

13  provisions of ss. 402.164-402.167 this act.  The duties of

14  each district human rights advocacy committee shall include,

15  but are not limited to:

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

17  for protecting the constitutional and human rights of any

18  client within a program or facility operated, funded,

19  licensed, or regulated by a state agency that provides client

20  services the Department of Children and Family Services.

21         (b)  Monitoring, by site visit and inspection of

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

23  facilities operated, funded, regulated, or licensed by a state

24  agency that provides client services the Department of

25  Children and Family Services for the purpose of preventing

26  abuse or deprivation of the constitutional and human rights of

27  clients.  A district human rights advocacy committee may

28  conduct an unannounced site visit or monitoring visit that

29  involves the inspection of records if the such visit is

30  conditioned upon a complaint.  A complaint may be generated by

31  the committee itself if information from a state agency that

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  1  provides client services the Department of Children and Family

  2  Services or other sources indicates a situation at the program

  3  or facility which that indicates possible abuse or neglect of

  4  clients.  The district human rights advocacy committees shall

  5  follow uniform criteria established by the Statewide Human

  6  Rights Advocacy Committee for the review of information and

  7  generation of complaints.  Routine program monitoring and

  8  reviews that do not require an examination of records may be

  9  made unannounced.

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

11  abuse or deprivation of constitutional and human rights.

12         (d)  Reviewing and making recommendations regarding how

13  a client's recommendation with respect to the involvement by

14  clients of the Department of Children and Family Services as

15  subjects for research projects, prior to implementation,

16  insofar as their human rights might be are affected by the

17  client's participation in a proposed research project, prior

18  to implementation of the project.

19         (e)  Reviewing existing programs or services and

20  proposed new or revised programs of client services the

21  Department of Children and Family Services and making

22  recommendations as to how these programs affect the rights of

23  clients are affected.

24         (f)  Appealing to the state committee any complaint

25  unresolved at the district level.  Any matter that constitutes

26  a threat to the life, safety, or health of a client or is

27  multidistrict in scope shall automatically be referred to the

28  Statewide Human Rights Advocacy Committee.

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

30  Statewide Human Rights Advocacy Committee concerning

31

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  1  activities, recommendations, and complaints reviewed or

  2  developed by the committee during the year.

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

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

  5  the Governor, at the call of the Statewide Human Rights

  6  Advocacy Committee, or by written request of a majority of the

  7  members of the committee.

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

  9  human rights advocacy committee shall have:

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

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

12  funded, licensed, or regulated by any state agency that

13  provides client services the Department of Children and Family

14  Services and any records that which are material to its

15  investigation and which are in the custody of any other agency

16  or department of government.  The committee's investigation or

17  monitoring may shall not impede or obstruct matters under

18  investigation by law enforcement or judicial authorities.

19  Access may shall not be granted if a specific procedure or

20  prohibition for reviewing records is required by federal law

21  and regulation which supersedes state law.  Access may shall

22  not be granted to the records of a private licensed

23  practitioner who is providing services outside agencies and

24  facilities and whose client is competent and refuses

25  disclosure.

26         2.  Standing to petition the circuit court for access

27  to client records that which are confidential as specified by

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

29  which the committee is seeking access and the intended use of

30  such information.  The court may authorize committee access to

31  such records upon a finding that such access is directly

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  1  related to an investigation regarding the possible deprivation

  2  of constitutional or human rights or the abuse of a client.

  3  Original client files, records, and reports may shall not be

  4  removed from a state agency Department of Children and Family

  5  Services or agency facilities.  Upon no circumstances shall

  6  The committee may not have access to confidential adoption

  7  records, in accordance with the provisions of ss. 39.0132,

  8  63.022, and 63.162. Upon completion of a general investigation

  9  of practices and procedures followed by a state agency in

10  providing client services of the Department of Children and

11  Family Services, the committee shall report its findings to

12  the appropriate state agency that department.

13         (b)  All information obtained or produced by the

14  committee which is made confidential by law, which relates to

15  the identity of any client or group of clients subject to the

16  protection of this section, or which relates to the identity

17  of an individual who provides information to the committee

18  about abuse or alleged violations of constitutional or human

19  rights, is confidential and exempt from the provisions of s.

20  119.07(1) and s. 24(a), Art. I of the State Constitution.

21         (c)  Portions of meetings of a district human rights

22  advocacy committee which relate to the identity of any client

23  or group of clients subject to the protections of this

24  section, which relate to the identity of an individual who

25  provides information to the committee about abuse or alleged

26  violations of constitutional or human rights, or wherein

27  testimony is provided relating to records otherwise made

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

29  286.011 and s. 24(b), Art. I of the State Constitution.

30         (d)  All records prepared by members of the committee

31  which reflect a mental impression, investigative strategy, or

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  1  theory are exempt from the provisions of s. 119.07(1) and s.

  2  24(a), Art. I of the State Constitution until the

  3  investigation is completed or until the investigation ceases

  4  to be active.  For purposes of this section, an investigation

  5  is considered "active" while such investigation is being

  6  conducted by the committee with a reasonable, good-faith  good

  7  faith belief that it may lead to a finding of abuse or of a

  8  violation of human rights.  An investigation does not cease to

  9  be active so long as the committee is proceeding with

10  reasonable dispatch and there is a good-faith good faith

11  belief that action may be initiated by the committee or other

12  administrative or law enforcement agency.

13         (e)  Any person who knowingly and willfully discloses

14  any such confidential information commits is guilty of a

15  misdemeanor of the second degree, punishable as provided in s.

16  775.082 or s. 775.083.

17         Section 4.  Section 402.167, Florida Statutes, is

18  amended to read:

19         402.167  Department Duties of the state agencies that

20  provide client services relating to the Statewide Human Rights

21  Advocacy Committee and the district human rights advocacy

22  committees.--

23         (1)  Each agency that provides client services The

24  Department of Children and Family Services shall adopt rules

25  that which are consistent with law, amended to reflect any

26  statutory changes, and that which rules address at least the

27  following:

28         (a)  Procedures by which Department of Children and

29  Family Services district staff of the state agencies refer

30  reports of abuse to district human rights advocacy committees.

31

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  1         (b)  Procedures by which client information is made

  2  available to members of the Statewide Human Rights Advocacy

  3  Committee and the district human rights advocacy committees.

  4         (c)  Procedures by which recommendations made by human

  5  rights advocacy committees will be incorporated into

  6  Department of Children and Family Services policies and

  7  procedures of the state agencies.

  8         (d)  Procedures by which committee members are

  9  reimbursed for authorized expenditures.

10         (2)  The Department of Children and Family Services

11  shall provide for the location of district human rights

12  advocacy committees in district headquarters offices and shall

13  provide necessary equipment and office supplies, including,

14  but not limited to, clerical and word processing services,

15  photocopiers, telephone services, and stationery and other

16  necessary supplies.

17         (3)  The secretary or director of each state agency

18  shall ensure the full cooperation and assistance of employees

19  of their respective state agencies the Department of Children

20  and Family Services with members and staff of the statewide

21  and district human rights advocacy committees. Further, the

22  secretary or director of each state agency shall ensure that,

23  to the extent possible, staff assigned to the Statewide Human

24  Rights Advocacy Committees and District Human Rights Advocacy

25  Committees are free of interference from or control by any of

26  the state agencies the department in performing their duties

27  relative to those committees.

28         Section 5.  This act shall take effect July 1, 2000.

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  2                          SENATE SUMMARY

  3    Expands the duties of the Statewide Human Rights Advocacy
      Committee and the district human rights advocacy
  4    committees to require that the committees monitor and
      investigate allegations of abuse of human or
  5    constitutional rights by state agencies that provide
      client services under ch. 39, ch. 393, ch. 394, ch. 400,
  6    ch. 409, ch. 411, ch. 414, ch. 415, or ch. 916, F.S.
      Provides rulemaking authority for the state agencies that
  7    are subject to investigation by the statewide committee
      and the district committees.
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