CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

    hbd-22                                   Bill No. CS/CS/HB 383

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Littlefield offered the following:

12

13         Amendment 

14         On page 2, line 18, through page 19, line 23,

15  remove from the bill:  all of said lines

16

17  and insert in lieu thereof:

18         (a)  "Client" means a client as defined in s. 393.063,

19  s. 394.67, s. 397.311, or s. 400.960, a forensic client or

20  client as defined in s. 916.106, a child or youth as defined

21  in s. 39.01, a child as defined in s. 827.01, a family as

22  defined in s. 414.0252, a participant as defined in s.

23  400.551, a resident as defined in s. 400.402, a Medicaid

24  recipient or recipient as defined in s. 409.901, a child

25  receiving childcare as defined in s. 402.302, a disabled adult

26  as defined in s. 410.032 or s. 410.603, or a victim as defined

27  in s. 39.01 or s. 415.102 as each definition applies within

28  its respective chapter.

29         (b)  "Client services" means services which are

30  provided to a client by a state agency or a service provider

31  operated, funded, or contracted by the state.

                                  1

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                                                   HOUSE AMENDMENT

    hbd-22                                   Bill No. CS/CS/HB 383

    Amendment No.     (for drafter's use only)





 1         Section 2.  Section 402.165, Florida Statutes, is

 2  amended to read:

 3         402.165  Florida Statewide Advocacy Council Statewide

 4  Human Rights Advocacy Committee; confidential records and

 5  meetings.--

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

 7  and Family Services a Florida Statewide Advocacy Council

 8  Statewide Human Rights Advocacy Committee. Members of the

 9  council shall represent the interests of clients who are

10  served by state agencies that provide client services. The

11  Department of Children and Family Services shall provide

12  administrative support and service to the statewide council

13  committee to the extent requested by the executive director

14  within available resources.  The statewide council is not

15  Human Rights Advocacy Committee shall not be subject to

16  control, supervision, or direction by the Department of

17  Children and Family Services in the performance of its duties.

18  The council committee shall consist of 15 residents of this

19  state citizens, one from each service area designated by the

20  statewide council district of the Department of Children and

21  Family Services, who broadly represent the interests of the

22  public and the clients of the state agencies that provide

23  client services that department.  The members shall be

24  representative of four five groups of state residents citizens

25  as follows:  one provider who delivers elected public

26  official; two providers who deliver client services as defined

27  in s. 402.164(2); two or programs to clients of the Department

28  of Children and Family Services; four nonsalaried

29  representatives of nonprofit agencies or civic groups; four

30  representatives of health and rehabilitative services consumer

31  groups who are currently receiving, or have received, client

                                  2

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                                                   HOUSE AMENDMENT

    hbd-22                                   Bill No. CS/CS/HB 383

    Amendment No.     (for drafter's use only)





 1  services from the Department of Children and Family Services

 2  within the past 4 years, at least one of whom must be a

 3  consumer of one or more client services; and two four

 4  residents of the state who do not represent any of the

 5  foregoing groups, one two of whom represents the represent

 6  health-related professions and one two of whom represents

 7  represent the legal profession.  In appointing the

 8  representative representatives of the health-related

 9  professions, the appointing authority shall give priority of

10  consideration to a physician licensed under chapter 458 or

11  chapter 459; and, in appointing the representative

12  representatives of the legal profession, the appointing

13  authority shall give priority of consideration to a member in

14  good standing of The Florida Bar. Of the remaining members, no

15  more than one shall be an elected official; no more than one

16  shall be a health professional; no more than one shall be a

17  legal professional; no more than one shall be a provider; no

18  more than two shall be nonsalaried representatives of

19  nonprofit agencies or civic groups; and no more than one shall

20  be an individual whose primary area of interest, experience,

21  or expertise is a major client group of a client services

22  group that is not represented on the council at the time of

23  appointment. Except for the member who is an elected public

24  official, each member of the statewide council Human Rights

25  Advocacy Committee must have served as a member of a Florida

26  advocacy council, with priority consideration given to an

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

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 council Human Rights

31  Advocacy Committee at the same time.

                                  3

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                                                   HOUSE AMENDMENT

    hbd-22                                   Bill No. CS/CS/HB 383

    Amendment No.     (for drafter's use only)





 1         (2)  Members of the statewide council Human Rights

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

 3  years, retroactive to the members in office on July 1, 2000.

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

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

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

 7  after October 1, 1989.

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

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

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

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

12  council committee.  The Governor shall fill the vacancy

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

14  council violates Human Rights Advocacy Committee is in

15  violation of the provisions of this section or procedures

16  adopted under this section thereto, the council committee may

17  recommend to the Governor that the such member be removed.

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

19  statewide council Human Rights Advocacy Committee from a list

20  of nominees submitted by the statewide council committee.  A

21  list of candidates may shall be submitted to the statewide

22  council by the local council in the service area committee by

23  the district human rights advocacy committee in the district

24  from which the vacancy occurs.  Priority of consideration

25  shall be given to the appointment of an individual who is

26  receiving one or more client services and whose primary

27  interest, experience, or expertise lies with a major client

28  group that is of the Department of Children and Family

29  Services not represented on the council committee at the time

30  of the appointment.  If an appointment is not made within 60

31  days after a vacancy occurs on the statewide council

                                  4

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                                                   HOUSE AMENDMENT

    hbd-22                                   Bill No. CS/CS/HB 383

    Amendment No.     (for drafter's use only)





 1  committee, the vacancy may shall be filled by a majority vote

 2  of the statewide council committee without further action by

 3  the Governor. A No person who is employed by any state agency

 4  in client the Department of Children and Family services may

 5  not be appointed to the statewide council committee.

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

 7  Advocacy Committee shall receive no compensation, but are

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

 9  expenses in accordance with s. 112.061.

10         (b)  The council committee shall select an executive

11  director who shall serve at the pleasure of the council

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

13  by the council committee.  The compensation of the executive

14  director and staff shall be established in accordance with the

15  rules of the Selected Exempt Service.

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

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

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

19  intangible, and service from any governmental or other public

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

21  use of same.

22         (d)  The statewide council Human Rights Advocacy

23  Committee shall annually prepare a budget request that is not

24  to be changed shall not be subject to change by department

25  staff after it is approved by the council committee, but the

26  budget request shall be submitted to the Governor by the

27  department for transmittal to the Legislature.  The budget

28  shall include a request for funds to carry out the activities

29  of the statewide council and the local councils Human Rights

30  Advocacy Committee and the district human rights advocacy

31  committees.

                                  5

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                                                   HOUSE AMENDMENT

    hbd-22                                   Bill No. CS/CS/HB 383

    Amendment No.     (for drafter's use only)





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

 2  Advocacy Committee shall elect a chair and a vice chair to

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

 4  as chair or vice chair chairperson for more than two full

 5  consecutive terms.

 6         (7)  The responsibilities of the statewide council

 7  committee include, but are not limited to:

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

 9  for protecting the constitutional and human rights of clients

10  within programs or facilities any client within a program or

11  facility operated, funded, or contracted by any state agency

12  that provides client licensed, or regulated by the Department

13  of Children and Family services.

14         (b)  Monitoring by site visit and inspection of

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

16  facilities operated, funded, or contracted by any state agency

17  that provides client regulated, or licensed by the Department

18  of Children and Family services, for the purpose of preventing

19  abuse or deprivation of the constitutional and human rights of

20  clients.  The statewide council Human Rights Advocacy

21  Committee may conduct an unannounced site visit or monitoring

22  visit that involves the inspection of records if the such

23  visit is conditioned upon a complaint.  A complaint may be

24  generated by the council committee itself if information from

25  any state agency that provides client services or from the

26  Department of Children and Family Services or other sources

27  indicates a situation at the program or facility that

28  indicates possible abuse or neglect or deprivation of the

29  constitutional and human rights of clients.  The statewide

30  council Human Rights Advocacy Committee shall establish and

31  follow uniform criteria for the review of information and

                                  6

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                                                   HOUSE AMENDMENT

    hbd-22                                   Bill No. CS/CS/HB 383

    Amendment No.     (for drafter's use only)





 1  generation of complaints.  Routine program monitoring and

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

 3  made unannounced.

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

 5  abuse or deprivation of constitutional and human rights

 6  referred to the statewide council by a local council Human

 7  Rights Advocacy Committee by a district human rights advocacy

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

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

10  statewide council Human Rights Advocacy Committee may exercise

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

12  council district committee.

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

14  revised programs of the state agencies that provide client

15  Department of Children and Family services and making

16  recommendations as to how the rights of clients are affected.

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

18  later than December 30 of each calendar year, concerning

19  activities, recommendations, and complaints reviewed or

20  developed by the council committee during the year.

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

22  the call of the chair chairperson and at other times at the

23  call of the Governor or by written request of six members of

24  the council committee.

25         (g)  Developing and adopting uniform procedures to be

26  used to carry out the purpose and responsibilities of the

27  statewide council and the local councils human rights advocacy

28  committees, which procedures shall include, but need not be

29  limited to, the following:

30         1.  The responsibilities of the statewide council and

31  the local councils committee;

                                  7

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                                                   HOUSE AMENDMENT

    hbd-22                                   Bill No. CS/CS/HB 383

    Amendment No.     (for drafter's use only)





 1         2.  The organization and operation of the statewide

 2  council and the local councils committee and district

 3  committees, including procedures for replacing a member,

 4  formats for maintaining records of council committee

 5  activities, and criteria for determining what constitutes a

 6  conflict of interest for purposes of assigning and conducting

 7  investigations and monitoring;

 8         3.  Uniform procedures for the statewide council and

 9  the local councils relating to receiving and investigating

10  committee and district committees to receive and investigate

11  reports of abuse or deprivation of constitutional or human

12  rights;

13         4.  The responsibilities and relationship of the local

14  councils district human rights advocacy committees to the

15  statewide council committee;

16         5.  The relationship of the statewide council to the

17  state agencies that receive and investigate reports of abuse

18  and neglect of clients of state agencies committee to the

19  Department of Children and Family Services, including the way

20  in which reports of findings and recommendations related to

21  reported abuse or neglect are given to the appropriate state

22  agency that provides client Department of Children and Family

23  services;

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

25  Care Ombudsman Council;

26         7.  Procedures for appeal.  An appeal to the statewide

27  council state committee is made by a local council district

28  human rights advocacy committee when a valid complaint is not

29  resolved at the local district level.  The statewide council

30  committee may appeal an unresolved complaint to the secretary

31  or director of the appropriate state agency that provides

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                                                   HOUSE AMENDMENT

    hbd-22                                   Bill No. CS/CS/HB 383

    Amendment No.     (for drafter's use only)





 1  client of the Department of Children and Family services. If,

 2  after exhausting all remedies, the statewide council committee

 3  is not satisfied that the complaint can be resolved within the

 4  state agency Department of Children and Family Services, the

 5  appeal may be referred to the Governor or the Legislature;

 6         8.  Uniform procedures for gaining access to and

 7  maintaining confidential information; and

 8         9.  Definitions of misfeasance and malfeasance for

 9  members of the statewide council and local councils committee

10  and district committees.

11         (h)  Monitoring the performance and activities of all

12  local councils district committees and providing technical

13  assistance to members and staff of local councils district

14  committees.

15         (i)  Providing for the development and presentation of

16  a standardized training program for members of local councils

17  district committees.

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

19  council Human Rights Advocacy Committee shall have:

20         1.  Authority to receive, investigate, seek to

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

22  allege any abuse or deprivation of constitutional or human

23  rights of persons who receive client services from any state

24  agency clients.

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

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

27  funded, or contracted licensed, or regulated by any state

28  agency that provides client the Department of Children and

29  Family services and any records that which are material to its

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

31  or department of government.  The council's committee's

                                  9

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                                                   HOUSE AMENDMENT

    hbd-22                                   Bill No. CS/CS/HB 383

    Amendment No.     (for drafter's use only)





 1  investigation or monitoring shall not impede or obstruct

 2  matters under investigation by law enforcement agencies or

 3  judicial authorities.  Access shall not be granted if a

 4  specific procedure or prohibition for reviewing records is

 5  required by federal law and regulation that which supersedes

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

 7  private licensed practitioner who is providing services

 8  outside the state agency, or outside a state facility,

 9  agencies and facilities and whose client is competent and

10  refuses disclosure.

11         3.  Standing to petition the circuit court for access

12  to client records that which are confidential as specified by

13  law.  The petition shall state the specific reasons for which

14  the council committee is seeking access and the intended use

15  of such information.  The court may authorize council

16  committee access to such records upon a finding that such

17  access is directly related to an investigation regarding the

18  possible deprivation of constitutional or human rights or the

19  abuse of a client.  Original client files, records, and

20  reports shall not be removed from a state agency the

21  Department of Children and Family Services or agency

22  facilities.  Under no circumstance shall the council committee

23  have access to confidential adoption records once the adoption

24  is finalized by a court in accordance with the provisions of

25  ss. 39.0132, 63.022, and 63.162.  Upon completion of a general

26  investigation of practices and procedures of a state agency,

27  the statewide council the Department of Children and Family

28  Services, the committee shall report its findings to that

29  agency department.

30         (b)  All information obtained or produced by the

31  statewide council that committee which is made confidential by

                                  10

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                                                   HOUSE AMENDMENT

    hbd-22                                   Bill No. CS/CS/HB 383

    Amendment No.     (for drafter's use only)





 1  law, that which relates to the identity of any client or group

 2  of clients subject to the protections of this section, or that

 3  which relates to the identity of an individual who provides

 4  information to the council committee about abuse or about

 5  alleged violations of constitutional or human rights, is

 6  confidential and exempt from the provisions of s. 119.07(1)

 7  and s. 24(a), Art. I of the State Constitution.

 8         (c)  Portions of meetings of the statewide council that

 9  Human Rights Advocacy Committee which relate to the identity

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

11  of this section, that which relate to the identity of an

12  individual who provides information to the council committee

13  about abuse or about alleged violations of constitutional or

14  human rights, or wherein testimony is provided relating to

15  records otherwise made confidential by law, are exempt from

16  the provisions of s. 286.011 and s. 24(b), Art. I of the State

17  Constitution.

18         (d)  All records prepared by members of the statewide

19  council that committee which reflect a mental impression,

20  investigative strategy, or theory are exempt from the

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

22  Constitution until the investigation is completed or until the

23  investigation ceases to be active.  For purposes of this

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

25  investigation is being conducted by the statewide council

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

27  lead to a finding of abuse or of a violation of constitutional

28  or human rights.  An investigation does not cease to be active

29  so long as the statewide council committee is proceeding with

30  reasonable dispatch and there is a good faith belief that

31  action may be initiated by the council committee or other

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                                                   HOUSE AMENDMENT

    hbd-22                                   Bill No. CS/CS/HB 383

    Amendment No.     (for drafter's use only)





 1  administrative or law enforcement agency.

 2         (e)  Any person who knowingly and willfully discloses

 3  any such confidential information commits is guilty of a

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

 5  775.082 or s. 775.083.

 6         Section 3.  Section 402.166, Florida Statutes, is

 7  amended to read:

 8         402.166  Florida local advocacy councils District human

 9  rights advocacy committees; confidential records and

10  meetings.--

11         (1)  At least one Florida local advocacy council

12  district human rights advocacy committee is created in each

13  service area designated by the Florida Statewide Advocacy

14  Council district of the Department of Children and Family

15  Services.  The local councils are district human rights

16  advocacy committees shall be subject to direction from and the

17  supervision of the statewide council Human Rights Advocacy

18  Committee.  The Department of Children and Family Services

19  district administrator shall assign staff to provide

20  administrative support to the local councils committees, and

21  staff assigned to these positions shall perform the functions

22  required by the local councils committee without interference

23  from the department.  The local councils district committees

24  shall direct the activities of staff assigned to them to the

25  extent necessary for the local councils committees to carry

26  out their duties.  The number and areas of responsibility of

27  the local councils district human rights advocacy committees,

28  not to exceed 46 councils statewide three in any district,

29  shall be determined by the statewide council and shall be

30  consistent with judicial boundaries. Local councils majority

31  vote of district committee members. However, district II may

                                  12

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                                                   HOUSE AMENDMENT

    hbd-22                                   Bill No. CS/CS/HB 383

    Amendment No.     (for drafter's use only)





 1  have four committees. District committees shall meet at

 2  facilities under their jurisdiction whenever possible.

 3         (2)  Each local council district human rights advocacy

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

 5  15 members, no more than 4 25 percent of whom are or have been

 6  recipients of one or more client clients of the Department of

 7  Children and Family services within the last 4 years, except

 8  that one member of this group may be an immediate relative or

 9  legal representative of a current or former client; two

10  providers, who deliver client services as defined in s.

11  402.164(2) or programs to clients of the Department of

12  Children and Family Services; and two representatives of

13  professional organizations, one of whom represents the

14  health-related professions and one of whom represents the

15  legal profession. Priority of consideration shall be given to

16  the appointment of at least one medical or osteopathic

17  physician, as defined in chapters 458 and 459, and one member

18  in good standing of The Florida Bar. Priority of consideration

19  shall also be given to the appointment of an individual who is

20  receiving client services and whose primary interest,

21  experience, or expertise lies with a major client group of the

22  Department of Children and Family Services not represented on

23  the committee at the time of the appointment.  In no case

24  shall A person who is employed in client services by any state

25  agency may not be appointed to the council. No more than three

26  by the Department of Children and Family Services be selected

27  as a member of a committee.  At no time shall individuals who

28  are providing contracted services for clients to any state

29  agency may serve on the same local council at the same time to

30  the Department of Children and Family Services constitute more

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

                                  13

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                                                   HOUSE AMENDMENT

    hbd-22                                   Bill No. CS/CS/HB 383

    Amendment No.     (for drafter's use only)





 1  Persons related to each other by consanguinity or affinity

 2  within the third degree may shall not serve on the same local

 3  council district human rights advocacy committee at the same

 4  time.  All members of local councils district human rights

 5  advocacy committees must successfully complete a standardized

 6  training course for council committee members within 3 months

 7  after their appointment to a local council committee.  A

 8  member may not be assigned to an investigation that which

 9  requires access to confidential information prior to the

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

11  the required training course, a member of a local council may

12  committee shall not be prevented from participating in any

13  activity of that local council committee, including

14  investigations and monitoring, except due to a conflict of

15  interest as described in the procedures established by the

16  statewide council Human Rights Advocacy Committee pursuant to

17  subsection (7).

18         (3)(a)  With respect to existing local councils

19  committees, each member shall serve a term of 4 years.  Upon

20  expiration of a term and in the case of any other vacancy, the

21  local council district committee shall appoint a replacement

22  by majority vote of the local council committee, subject to

23  the approval of the Governor.  A member may serve no more than

24  two full consecutive terms.

25         (b)1.  The Governor shall appoint the first four 4

26  members of any newly created local council committee; and

27  those four 4 members shall select the remaining 11 members,

28  subject to approval of the Governor.  If any of the first four

29  members are not appointed within 60 days after of a request is

30  being submitted to the Governor, those members may shall be

31  appointed by a majority vote of the statewide council district

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                                                   HOUSE AMENDMENT

    hbd-22                                   Bill No. CS/CS/HB 383

    Amendment No.     (for drafter's use only)





 1  committee without further action by the Governor.

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

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

 4  initial appointment, terms shall be staggered so that

 5  approximately one-half of the members first the first six

 6  members appointed shall serve for terms of 4 2 years and the

 7  remaining five members shall serve for terms of 2 3 years.

 8  Vacancies shall be filled as provided in subparagraph 1.

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

10  or disapprove a replacement of a member pursuant to this

11  subsection paragraph within 30 days after the local council

12  district committee has notified the Governor of the

13  appointment, then the appointment of the replacement may shall

14  be considered approved by the statewide council.

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

16  serve applies without regard to whether a term was served

17  before or after October 1, 1989.

18         (4)  Each local council committee shall elect a chair

19  and a vice chair chairperson for a term of 1 year.  A person

20  may not serve as chair or vice chair chairperson for more than

21  two consecutive terms.  The chair's and vice chair's terms

22  expire on September 30 of each year chairperson's term expires

23  on the anniversary of the chairperson's election.

24         (5)  If a local council In the event that a committee

25  member fails to attend two-thirds of the regular council

26  committee meetings during the course of a year, the local

27  council may it shall be the responsibility of the committee to

28  replace the such member.  If a member of a local council

29  violates this section district committee member is in

30  violation of the provisions of this subsection or procedures

31  adopted under this section, the local council thereto, a

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                                                   HOUSE AMENDMENT

    hbd-22                                   Bill No. CS/CS/HB 383

    Amendment No.     (for drafter's use only)





 1  district committee may recommend to the Governor that the such

 2  member be removed.

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

 4  shall receive no compensation but is shall receive per diem

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

 6  expenses as provided in s. 112.061.  Members may be provided

 7  reimbursement for long-distance telephone calls if such calls

 8  were necessary to an investigation of an abuse or deprivation

 9  of constitutional or human rights.

10         (7)  A local council district human rights advocacy

11  committee shall first seek to resolve a complaint with the

12  appropriate local administration, agency, or program; any

13  matter not resolved by the local council district committee

14  shall be referred to the statewide council Human Rights

15  Advocacy Committee.  A local council district human rights

16  advocacy committee shall comply with appeal procedures

17  established by the statewide council Human Rights Advocacy

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

19  and existing local councils district human rights advocacy

20  committees shall conform to ss. 402.164-402.167 the provisions

21  of this act.  The duties of each local council district human

22  rights advocacy committee shall include, but are not limited

23  to:

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

25  for protecting the constitutional and human rights of any

26  client within a program or facility operated, funded, or

27  contracted by a state agency providing client licensed, or

28  regulated by the Department of Children and Family services.

29         (b)  Monitoring by site visit and inspection of

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

31  facilities operated, funded, or contracted by a state agency

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 1  that provides client regulated or licensed by the Department

 2  of Children and Family services, for the purpose of preventing

 3  abuse or deprivation of the constitutional and human rights of

 4  clients.  A local council district human rights advocacy

 5  committee may conduct an unannounced site visit or monitoring

 6  visit that involves the inspection of records if the such

 7  visit is conditioned upon a complaint.  A complaint may be

 8  generated by the council committee itself if information from

 9  a state agency that provides client the Department of Children

10  and Family services or from other sources indicates a

11  situation at the program or facility that indicates possible

12  abuse or neglect or deprivation of constitutional and human

13  rights of clients.  The local council district human rights

14  advocacy committees shall follow uniform criteria established

15  by the statewide council Human Rights Advocacy Committee for

16  the review of information and generation of complaints.

17  Routine program monitoring and reviews that do not require an

18  examination of records may be made unannounced.

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

20  abuse or deprivation of constitutional and human rights.

21         (d)  Reviewing and making recommendations regarding how

22  a client's constitutional or human rights might be affected by

23  the client's participation in a proposed research project,

24  prior to implementation of the project recommendation with

25  respect to the involvement by clients of the Department of

26  Children and Family Services as subjects for research

27  projects, prior to implementation, insofar as their human

28  rights are affected.

29         (e)  Reviewing existing programs or services and

30  proposed new or revised programs of client the Department of

31  Children and Family services and making recommendations as to

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                                                   HOUSE AMENDMENT

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    Amendment No.     (for drafter's use only)





 1  how these programs and services affect or might affect the

 2  constitutional or human rights of clients are affected.

 3         (f)  Appealing to the statewide council state committee

 4  any complaint unresolved at the local district level.  Any

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

 6  health of a client or is multidistrict in scope shall

 7  automatically be referred to the statewide council Human

 8  Rights Advocacy Committee.

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

10  statewide council Human Rights Advocacy Committee concerning

11  activities, recommendations, and complaints reviewed or

12  developed by the council committee during the year.

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

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

15  call of the Governor, at the call of the statewide council

16  Human Rights Advocacy Committee, or by written request of a

17  majority of the members of the council committee.

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

19  council district human rights advocacy committee shall have:

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

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

22  funded, or contracted licensed, or regulated by any state

23  agency

24

25

26

27

28

29

30

31

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