Senate Bill 0340
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Florida Senate - 2000 SB 340
By Senator Forman
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1 A bill to be entitled
2 An act relating to human rights; creating s.
3 402.164, F.S.; providing legislative intent
4 with respect to the duties and powers of the
5 Statewide Human Rights Advocacy Committee and
6 the district human rights advocacy committees;
7 defining the 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
1
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1 agency, undertake to discover, monitor, investigate, and
2 determine the presence of conditions or individuals that
3 constitute a threat to the rights, health, safety, or welfare
4 of persons who receive services from state agencies.
5 (b) It is the further intent of the Legislature that
6 the monitoring and investigation shall safeguard the health,
7 safety, and welfare of consumers of services provided by these
8 state agencies.
9 (2) As used in ss. 402.164-402.167, the term:
10 (a) "Client" means a recipient of one or more of the
11 services provided to individuals described in chapter 39,
12 chapter 393, chapter 394, chapter 397, part III, 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
2
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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
14
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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
15
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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.
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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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