House Bill 0383
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
By Representative Littlefield
1 A bill to be entitled
2 An act relating to human rights; creating s.
3 402.164, F.S., and amending ss. 402.165,
4 402.166, and 402.167, F.S.; renaming the
5 statewide and district human rights advocacy
6 committees as the Governor's statewide and
7 local advocacy councils; providing legislative
8 intent with respect to the duties and powers of
9 the councils; defining the terms "client" and
10 "client services" as used in ss.
11 402.164-402.167, F.S.; providing for the duties
12 of the councils with respect to monitoring the
13 activities of, and investigating complaints
14 against, state agencies that provide client
15 services; revising council membership,
16 appointment, officers, and terms of service;
17 providing for revision of local council service
18 areas; providing for access to records of the
19 state agencies subject to council
20 investigations; providing rulemaking authority
21 to such state agencies; amending ss. 39.001,
22 39.202, 39.302, 393.13, 394.459, 394.4595,
23 394.4597, 394.4598, 394.4599, 394.4615,
24 400.0067, 400.0089, 400.118, 400.141, 400.419,
25 400.428, 415.1034, 415.104, 415.1055, 415.106,
26 415.107, and 430.04, F.S.; correcting
27 references to conform to the act; providing an
28 effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 Section 1. Section 402.164, Florida Statutes, is
2 created to read:
3 402.164 Legislative intent; definition.--
4 (1)(a) It is the intent of the Legislature to use
5 citizen volunteers as members of the Governor's Statewide
6 Advocacy Council and the Governor's local advocacy councils,
7 and to have volunteers operate a network of councils that
8 shall, without interference by an executive agency, undertake
9 to discover, monitor, investigate, and determine the presence
10 of conditions or individuals that constitute a threat to the
11 rights, health, safety, or welfare of persons who receive
12 services from state agencies.
13 (b) It is the further intent of the Legislature that
14 the monitoring and investigation shall safeguard the health,
15 safety, and welfare of consumers of services provided by these
16 state agencies.
17 (2) As used in ss. 402.164-402.167, the term:
18 (a) "Client" means a person who receives one or more
19 of the services provided to individuals described in chapter
20 39, chapter 393, chapter 394, chapter 397, part III, part V,
21 or part VIII of chapter 400, chapter 409, chapter 411, chapter
22 414, chapter 415, or chapter 916, which service is provided by
23 a state agency or a service provider operated, funded,
24 licensed, contracted, or regulated by a state agency.
25 (b) "Client services" means services or programs
26 provided to a client.
27 Section 2. Section 402.165, Florida Statutes, is
28 amended to read:
29 402.165 Governor's Statewide Advocacy Council
30 Statewide Human Rights Advocacy Committee; confidential
31 records and meetings.--
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 (1) There is created within the Department of Children
2 and Family Services a Governor's Statewide Advocacy Council
3 Statewide Human Rights Advocacy Committee. Members of the
4 council shall represent the interests of clients who are
5 served by state agencies that provide client services. The
6 Department of Children and Family Services shall provide
7 administrative support and service to the statewide council
8 committee to the extent requested by the executive director
9 within available resources. The statewide council is not
10 Human Rights Advocacy Committee shall not be subject to
11 control, supervision, or direction by the Department of
12 Children and Family Services in the performance of its duties.
13 The council committee shall consist of 15 residents of this
14 state citizens, one from each service area designated by the
15 statewide council district of the Department of Children and
16 Family Services, who broadly represent the interests of the
17 public and the clients of the state agencies that provide
18 client services that department. The members shall be
19 representative of four five groups of state residents citizens
20 as follows: one provider who delivers elected public
21 official; two providers who deliver client services as defined
22 in s. 402.164(2); two or programs to clients of the Department
23 of Children and Family Services; four nonsalaried
24 representatives of nonprofit agencies or civic groups; four
25 representatives of health and rehabilitative services consumer
26 groups who are currently receiving, or have received, client
27 services from the Department of Children and Family Services
28 within the past 4 years, at least one of whom must be a
29 consumer of one or more client services; and two four
30 residents of the state who do not represent any of the
31 foregoing groups, one two of whom represents the represent
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 health-related professions and one two of whom represents
2 represent the legal profession. In appointing the
3 representative representatives of the health-related
4 professions, the appointing authority shall give priority of
5 consideration to a physician licensed under chapter 458 or
6 chapter 459; and, in appointing the representative
7 representatives of the legal profession, the appointing
8 authority shall give priority of consideration to a member in
9 good standing of The Florida Bar. Of the remaining members, no
10 more than one shall be an elected official; no more than one
11 shall be a health professional; no more than one shall be a
12 legal professional; no more than one shall be a provider; no
13 more than two shall be nonsalaried representatives of
14 nonprofit agencies or civic groups; and no more than one shall
15 be an individual whose primary area of interest, experience,
16 or expertise is a major client group of a client services
17 group that is not represented on the council at the time of
18 appointment. Except for the member who is an elected public
19 official, each member of the statewide council Human Rights
20 Advocacy Committee must have served as a member of a
21 Governor's advocacy council, with priority consideration given
22 to an applicant who has served a full term on a local council
23 district human rights advocacy committee. Persons related to
24 each other by consanguinity or affinity within the third
25 degree may not serve on the statewide council Human Rights
26 Advocacy Committee at the same time.
27 (2) Members of the statewide council Human Rights
28 Advocacy Committee shall be appointed to serve terms of 4 3
29 years, retroactive to the members in office on July 1, 2000.
30 A member may not serve more than two full consecutive terms.
31 The limitation on the number of terms a member may serve
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 applies without regard to whether a term was served before or
2 after October 1, 1989.
3 (3) If a member of the statewide council Human Rights
4 Advocacy Committee fails to attend two-thirds of the regular
5 council committee meetings during the course of a year, the
6 position held by the such member may be deemed vacant by the
7 council committee. The Governor shall fill the vacancy
8 pursuant to subsection (4). If a member of the statewide
9 council violates Human Rights Advocacy Committee is in
10 violation of the provisions of this section or procedures
11 adopted under this section thereto, the council committee may
12 recommend to the Governor that the such member be removed.
13 (4) The Governor shall fill each vacancy on the
14 statewide council Human Rights Advocacy Committee from a list
15 of nominees submitted by the statewide council committee. A
16 list of candidates may shall be submitted to the statewide
17 council by the local council in the service area committee by
18 the district human rights advocacy committee in the district
19 from which the vacancy occurs. Priority of consideration
20 shall be given to the appointment of an individual who is
21 receiving one or more client services and whose primary
22 interest, experience, or expertise lies with a major client
23 group that is of the Department of Children and Family
24 Services not represented on the council committee at the time
25 of the appointment. If an appointment is not made within 60
26 days after a vacancy occurs on the statewide council
27 committee, the vacancy may shall be filled by a majority vote
28 of the statewide council committee without further action by
29 the Governor. A No person who is employed by any state agency
30 in client the Department of Children and Family services may
31 not be appointed to the statewide council committee.
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 (5)(a) Members of the statewide council Human Rights
2 Advocacy Committee shall receive no compensation, but are
3 shall be entitled to be reimbursed for per diem and travel
4 expenses in accordance with s. 112.061.
5 (b) The council committee shall select an executive
6 director who shall serve at the pleasure of the council
7 committee and shall perform the duties delegated to him or her
8 by the council committee. The compensation of the executive
9 director shall be established in accordance with the rules of
10 the Selected Exempt Service.
11 (c) The council committee may apply for, receive, and
12 accept grants, gifts, donations, bequests, and other payments
13 including money or property, real or personal, tangible or
14 intangible, and service from any governmental or other public
15 or private entity or person and make arrangements as to the
16 use of same.
17 (d) The statewide council Human Rights Advocacy
18 Committee shall annually prepare a budget request that is not
19 to be changed shall not be subject to change by department
20 staff after it is approved by the council committee, but the
21 budget request shall be submitted to the Governor by the
22 department for transmittal to the Legislature. The budget
23 shall include a request for funds to carry out the activities
24 of the statewide council and the local councils Human Rights
25 Advocacy Committee and the district human rights advocacy
26 committees.
27 (6) The members of the statewide council Human Rights
28 Advocacy Committee shall elect a chair and a vice chair to
29 terms chairperson to a term of 1 year. A person may not serve
30 as chair or vice chair chairperson for more than two full
31 consecutive terms.
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 (7) The responsibilities of the statewide council
2 committee include, but are not limited to:
3 (a) Serving as an independent third-party mechanism
4 for protecting the constitutional and human rights of clients
5 within programs or facilities any client within a program or
6 facility operated, funded, licensed, contracted, or regulated
7 by any state agency that provides client the Department of
8 Children and 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, contracted, or
12 licensed by any state agency that provides client the
13 Department of Children and Family services, for the purpose of
14 preventing abuse or deprivation of the constitutional and
15 human rights of clients. The statewide council Human Rights
16 Advocacy Committee may conduct an unannounced site visit or
17 monitoring visit that involves the inspection of records if
18 the such visit is conditioned upon a complaint. A complaint
19 may be generated by the council committee itself if
20 information from any state agency that provides client
21 services or from the Department of Children and Family
22 Services or other sources indicates a situation at the program
23 or facility that indicates possible abuse or neglect or
24 deprivation of the constitutional and human rights of clients.
25 The statewide council Human Rights Advocacy Committee shall
26 establish and follow uniform criteria for the review of
27 information and generation of complaints. Routine program
28 monitoring and reviews that do not require an examination of
29 records may be made unannounced.
30 (c) Receiving, investigating, and resolving reports of
31 abuse or deprivation of constitutional and human rights
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 referred to the statewide council by a local council Human
2 Rights Advocacy Committee by a district human rights advocacy
3 committee. If a matter constitutes a threat to the life,
4 safety, or health of clients or is multidistrict in scope, the
5 statewide council Human Rights Advocacy Committee may exercise
6 such powers without the necessity of a referral from a local
7 council district committee.
8 (d) Reviewing existing programs or services and new or
9 revised programs of the state agencies that provide client
10 Department of Children and Family services and making
11 recommendations as to how the rights of clients are affected.
12 (e) Submitting an annual report to the Legislature, no
13 later than December 30 of each calendar year, concerning
14 activities, recommendations, and complaints reviewed or
15 developed by the council committee during the year.
16 (f) Conducting meetings at least six times a year at
17 the call of the chair chairperson and at other times at the
18 call of the Governor or by written request of six members of
19 the council committee.
20 (g) Developing and adopting uniform procedures to be
21 used to carry out the purpose and responsibilities of the
22 statewide council and the local councils human rights advocacy
23 committees, which procedures shall include, but need not be
24 limited to, the following:
25 1. The responsibilities of the statewide council and
26 the local councils committee;
27 2. The organization and operation of the statewide
28 council and the local councils committee and district
29 committees, including procedures for replacing a member,
30 formats for maintaining records of council committee
31 activities, and criteria for determining what constitutes a
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 conflict of interest for purposes of assigning and conducting
2 investigations and monitoring;
3 3. Uniform procedures for the statewide council and
4 the local councils relating to receiving and investigating
5 committee and district committees to receive and investigate
6 reports of abuse or deprivation of constitutional or human
7 rights;
8 4. The responsibilities and relationship of the local
9 councils district human rights advocacy committees to the
10 statewide council committee;
11 5. The relationship of the statewide council to the
12 state agencies that receive and investigate reports of abuse
13 and neglect of clients of state agencies committee to the
14 Department of Children and Family Services, including the way
15 in which reports of findings and recommendations related to
16 reported abuse or neglect are given to the appropriate state
17 agency that provides client Department of Children and Family
18 services;
19 6. Provision for cooperation with the State Long-Term
20 Care Ombudsman Council;
21 7. Procedures for appeal. An appeal to the statewide
22 council state committee is made by a local council district
23 human rights advocacy committee when a valid complaint is not
24 resolved at the local district level. The statewide council
25 committee may appeal an unresolved complaint to the secretary
26 or director of the appropriate state agency that provides
27 client of the Department of Children and Family services. If,
28 after exhausting all remedies, the statewide council committee
29 is not satisfied that the complaint can be resolved within the
30 state agency Department of Children and Family Services, the
31 appeal may be referred to the Governor or the Legislature;
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 8. Uniform procedures for gaining access to and
2 maintaining confidential information; and
3 9. Definitions of misfeasance and malfeasance for
4 members of the statewide council and local councils committee
5 and district committees.
6 (h) Monitoring the performance and activities of all
7 local councils district committees and providing technical
8 assistance to members and staff of local councils district
9 committees.
10 (i) Providing for the development and presentation of
11 a standardized training program for members of local councils
12 district committees.
13 (8)(a) In the performance of its duties, the statewide
14 council Human Rights Advocacy Committee shall have:
15 1. Authority to receive, investigate, seek to
16 conciliate, hold hearings on, and act on complaints that which
17 allege any abuse or deprivation of constitutional or human
18 rights of persons who receive client services from any state
19 agency clients.
20 2. Access to all client records, files, and reports
21 from any program, service, or facility that is operated,
22 funded, licensed, contracted, or regulated by any state agency
23 that provides client the Department of Children and Family
24 services and any records that which are material to its
25 investigation and which are in the custody of any other agency
26 or department of government. The council's committee's
27 investigation or monitoring shall not impede or obstruct
28 matters under investigation by law enforcement agencies or
29 judicial authorities. Access shall not be granted if a
30 specific procedure or prohibition for reviewing records is
31 required by federal law and regulation that which supersedes
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 state law. Access shall not be granted to the records of a
2 private licensed practitioner who is providing services
3 outside the state agency, or outside a state facility,
4 agencies and facilities and whose client is competent and
5 refuses disclosure.
6 3. Standing to petition the circuit court for access
7 to client records that which are confidential as specified by
8 law. The petition shall state the specific reasons for which
9 the council committee is seeking access and the intended use
10 of such information. The court may authorize council
11 committee access to such records upon a finding that such
12 access is directly related to an investigation regarding the
13 possible deprivation of constitutional or human rights or the
14 abuse of a client. Original client files, records, and
15 reports shall not be removed from a state agency the
16 Department of Children and Family Services or agency
17 facilities. Under no circumstance shall the council committee
18 have access to confidential adoption records once the adoption
19 is finalized by a court in accordance with the provisions of
20 ss. 39.0132, 63.022, and 63.162. Upon completion of a general
21 investigation of practices and procedures of a state agency,
22 the statewide council the Department of Children and Family
23 Services, the committee shall report its findings to that
24 agency department.
25 (b) All information obtained or produced by the
26 statewide council that committee which is made confidential by
27 law, that which relates to the identity of any client or group
28 of clients subject to the protections of this section, or that
29 which relates to the identity of an individual who provides
30 information to the council committee about abuse or about
31 alleged violations of constitutional or human rights, is
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 confidential and exempt from the provisions of s. 119.07(1)
2 and s. 24(a), Art. I of the State Constitution.
3 (c) Portions of meetings of the statewide council that
4 Human Rights Advocacy Committee which relate to the identity
5 of any client or group of clients subject to the protections
6 of this section, that which relate to the identity of an
7 individual who provides information to the council committee
8 about abuse or about alleged violations of constitutional or
9 human rights, or wherein testimony is provided relating to
10 records otherwise made confidential by law, are exempt from
11 the provisions of s. 286.011 and s. 24(b), Art. I of the State
12 Constitution.
13 (d) All records prepared by members of the statewide
14 council that committee which reflect a mental impression,
15 investigative strategy, or theory are exempt from the
16 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
17 Constitution until the investigation is completed or until the
18 investigation ceases to be active. For purposes of this
19 section, an investigation is considered "active" while such
20 investigation is being conducted by the statewide council
21 committee with a reasonable, good faith belief that it may
22 lead to a finding of abuse or of a violation of constitutional
23 or human rights. An investigation does not cease to be active
24 so long as the statewide council committee is proceeding with
25 reasonable dispatch and there is a good faith belief that
26 action may be initiated by the council committee or other
27 administrative or law enforcement agency.
28 (e) Any person who knowingly and willfully discloses
29 any such confidential information commits is guilty of a
30 misdemeanor of the second degree, punishable as provided in s.
31 775.082 or s. 775.083.
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 Section 3. Section 402.166, Florida Statutes, is
2 amended to read:
3 402.166 Governor's local advocacy councils District
4 human rights advocacy committees; confidential records and
5 meetings.--
6 (1) At least one Governor's local advocacy council
7 district human rights advocacy committee is created in each
8 service area designated by the Governor's statewide advocacy
9 council district of the Department of Children and Family
10 Services. The local councils are district human rights
11 advocacy committees shall be subject to direction from and the
12 supervision of the statewide council Human Rights Advocacy
13 Committee. The Department of Children and Family Services
14 district administrator shall assign staff to provide
15 administrative support to the local councils committees, and
16 staff assigned to these positions shall perform the functions
17 required by the local councils committee without interference
18 from the department. The local councils district committees
19 shall direct the activities of staff assigned to them to the
20 extent necessary for the local councils committees to carry
21 out their duties. The number and areas of responsibility of
22 the local councils district human rights advocacy committees,
23 not to exceed 46 councils statewide three in any district,
24 shall be determined by the statewide council and shall be
25 consistent with judicial boundaries. Local councils majority
26 vote of district committee members. However, district II may
27 have four committees. District committees shall meet at
28 facilities under their jurisdiction whenever possible.
29 (2) Each local council district human rights advocacy
30 committee shall have no fewer than 7 members and no more than
31 15 members, no more than 4 25 percent of whom are or have been
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 recipients of one or more client clients of the Department of
2 Children and Family services within the last 4 years, except
3 that one member of this group may be an immediate relative or
4 legal representative of a current or former client; two
5 providers, who deliver client services as defined in s.
6 402.164(2) or programs to clients of the Department of
7 Children and Family Services; and two representatives of
8 professional organizations, one of whom represents the
9 health-related professions and one of whom represents the
10 legal profession. Priority of consideration shall be given to
11 the appointment of at least one medical or osteopathic
12 physician, as defined in chapters 458 and 459, and one member
13 in good standing of The Florida Bar. Priority of consideration
14 shall also be given to the appointment of an individual who is
15 receiving client services and whose primary interest,
16 experience, or expertise lies with a major client group of the
17 Department of Children and Family Services not represented on
18 the committee at the time of the appointment. In no case
19 shall A person who is employed in client services by any state
20 agency may not be appointed to the council. No more than three
21 by the Department of Children and Family Services be selected
22 as a member of a committee. At no time shall individuals who
23 are providing contracted services for clients to any state
24 agency may serve on the same local council at the same time to
25 the Department of Children and Family Services constitute more
26 than 25 percent of the membership of a district committee.
27 Persons related to each other by consanguinity or affinity
28 within the third degree may shall not serve on the same local
29 council district human rights advocacy committee at the same
30 time. All members of local councils district human rights
31 advocacy committees must successfully complete a standardized
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 training course for council committee members within 3 months
2 after their appointment to a local council committee. A
3 member may not be assigned to an investigation that which
4 requires access to confidential information prior to the
5 completion of the training course. After he or she completes
6 the required training course, a member of a local council may
7 committee shall not be prevented from participating in any
8 activity of that local council committee, including
9 investigations and monitoring, except due to a conflict of
10 interest as described in the procedures established by the
11 statewide council Human Rights Advocacy Committee pursuant to
12 subsection (7).
13 (3)(a) With respect to existing local councils
14 committees, each member shall serve a term of 4 years. Upon
15 expiration of a term and in the case of any other vacancy, the
16 local council district committee shall appoint a replacement
17 by majority vote of the local council committee, subject to
18 the approval of the Governor. A member may serve no more than
19 two full consecutive terms.
20 (b)1. The Governor shall appoint the first four 4
21 members of any newly created local council committee; and
22 those four 4 members shall select the remaining 11 members,
23 subject to approval of the Governor. If any of the first four
24 members are not appointed within 60 days after of a request is
25 being submitted to the Governor, those members may shall be
26 appointed by a majority vote of the statewide council district
27 committee without further action by the Governor.
28 2. Members shall serve for no more than two full
29 consecutive terms of 4 3 years, except that at the time of
30 initial appointment, terms shall be staggered so that
31 approximately one-half of the members first the first six
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 members appointed shall serve for terms of 4 2 years and the
2 remaining five members shall serve for terms of 2 3 years.
3 Vacancies shall be filled as provided in subparagraph 1.
4 (c) If no action is taken by the Governor to approve
5 or disapprove a replacement of a member pursuant to this
6 subsection paragraph within 30 days after the local council
7 district committee has notified the Governor of the
8 appointment, then the appointment of the replacement may shall
9 be considered approved by the statewide council.
10 (d) The limitation on the number of terms a member may
11 serve applies without regard to whether a term was served
12 before or after October 1, 1989.
13 (4) Each local council committee shall elect a chair
14 and a vice chair chairperson for a term of 1 year. A person
15 may not serve as chair or vice chair chairperson for more than
16 two consecutive terms. The chair's and vice chair's terms
17 expire on September 30 of each year chairperson's term expires
18 on the anniversary of the chairperson's election.
19 (5) If a local council In the event that a committee
20 member fails to attend two-thirds of the regular council
21 committee meetings during the course of a year, the local
22 council may it shall be the responsibility of the committee to
23 replace the such member. If a member of a local council
24 violates this section district committee member is in
25 violation of the provisions of this subsection or procedures
26 adopted under this section, the local council thereto, a
27 district committee may recommend to the Governor that the such
28 member be removed.
29 (6) A member of a local council district committee
30 shall receive no compensation but is shall receive per diem
31 and shall be entitled to be reimbursed for per diem and travel
16
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 expenses as provided in s. 112.061. Members may be provided
2 reimbursement for long-distance telephone calls if such calls
3 were necessary to an investigation of an abuse or deprivation
4 of constitutional or human rights.
5 (7) A local council district human rights advocacy
6 committee shall first seek to resolve a complaint with the
7 appropriate local administration, agency, or program; any
8 matter not resolved by the local council district committee
9 shall be referred to the statewide council Human Rights
10 Advocacy Committee. A local council district human rights
11 advocacy committee shall comply with appeal procedures
12 established by the statewide council Human Rights Advocacy
13 Committee. The duties, actions, and procedures of both new
14 and existing local councils district human rights advocacy
15 committees shall conform to ss. 402.164-402.167 the provisions
16 of this act. The duties of each local council district human
17 rights advocacy committee shall include, but are not limited
18 to:
19 (a) Serving as an independent third-party mechanism
20 for protecting the constitutional and human rights of any
21 client within a program or facility operated, funded,
22 licensed, contracted, or regulated by a state agency providing
23 client the Department of Children and Family services.
24 (b) Monitoring by site visit and inspection of
25 records, the delivery and use of services, programs, or
26 facilities operated, funded, regulated, contracted, or
27 licensed by a state agency that provides client the Department
28 of Children and Family services, for the purpose of preventing
29 abuse or deprivation of the constitutional and human rights of
30 clients. A local council district human rights advocacy
31 committee may conduct an unannounced site visit or monitoring
17
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 visit that involves the inspection of records if the such
2 visit is conditioned upon a complaint. A complaint may be
3 generated by the council committee itself if information from
4 a state agency that provides client the Department of Children
5 and Family services or from other sources indicates a
6 situation at the program or facility that indicates possible
7 abuse or neglect or deprivation of constitutional and human
8 rights of clients. The local council district human rights
9 advocacy committees shall follow uniform criteria established
10 by the statewide council Human Rights Advocacy Committee for
11 the review of information and generation of complaints.
12 Routine program monitoring and reviews that do not require an
13 examination of records may be made unannounced.
14 (c) Receiving, investigating, and resolving reports of
15 abuse or deprivation of constitutional and human rights.
16 (d) Reviewing and making recommendations regarding how
17 a client's constitutional or human rights might be affected by
18 the client's participation in a proposed research project,
19 prior to implementation of the project recommendation with
20 respect to the involvement by clients of the Department of
21 Children and Family Services as subjects for research
22 projects, prior to implementation, insofar as their human
23 rights are affected.
24 (e) Reviewing existing programs or services and
25 proposed new or revised programs of client the Department of
26 Children and Family services and making recommendations as to
27 how these programs and services affect or might affect the
28 constitutional or human rights of clients are affected.
29 (f) Appealing to the statewide council state committee
30 any complaint unresolved at the local district level. Any
31 matter that constitutes a threat to the life, safety, or
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 health of a client or is multidistrict in scope shall
2 automatically be referred to the statewide council Human
3 Rights Advocacy Committee.
4 (g) Submitting an annual report by September 30 to the
5 statewide council Human Rights Advocacy Committee concerning
6 activities, recommendations, and complaints reviewed or
7 developed by the council committee during the year.
8 (h) Conducting meetings at least six times a year at
9 the call of the chair chairperson and at other times at the
10 call of the Governor, at the call of the statewide council
11 Human Rights Advocacy Committee, or by written request of a
12 majority of the members of the council committee.
13 (8)(a) In the performance of its duties, a local
14 council district human rights advocacy committee shall have:
15 1. Access to all client records, files, and reports
16 from any program, service, or facility that is operated,
17 funded, licensed, contracted, or regulated by any state agency
18 that provides client the Department of Children and Family
19 services and any records that which are material to its
20 investigation and which are in the custody of any other agency
21 or department of government. The council's committee's
22 investigation or monitoring shall not impede or obstruct
23 matters under investigation by law enforcement agencies or
24 judicial authorities. Access shall not be granted if a
25 specific procedure or prohibition for reviewing records is
26 required by federal law and regulation that which supersedes
27 state law. Access shall not be granted to the records of a
28 private licensed practitioner who is providing services
29 outside state agencies and facilities and whose client is
30 competent and refuses disclosure.
31
19
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 2. Standing to petition the circuit court for access
2 to client records that which are confidential as specified by
3 law. The petition shall state the specific reasons for which
4 the council committee is seeking access and the intended use
5 of such information. The court may authorize committee access
6 to such records upon a finding that such access is directly
7 related to an investigation regarding the possible deprivation
8 of constitutional or human rights or the abuse of a client.
9 Original client files, records, and reports shall not be
10 removed from a state agency Department of Children and Family
11 Services or agency facilities. Upon no circumstances shall
12 the council committee have access to confidential adoption
13 records once the adoption is finalized in court in accordance
14 with the provisions of ss. 39.0132, 63.022, and 63.162. Upon
15 completion of a general investigation of practices and
16 procedures followed by a state agency in providing client of
17 the Department of Children and Family services, the council
18 committee shall report its findings to the appropriate state
19 agency that department.
20 (b) All information obtained or produced by a local
21 council that the committee which is made confidential by law,
22 that which relates to the identity of any client or group of
23 clients subject to the protection of this section, or that
24 which relates to the identity of an individual who provides
25 information to the council committee about abuse or about
26 alleged violations of constitutional or human rights, is
27 confidential and exempt from the provisions of s. 119.07(1)
28 and s. 24(a), Art. I of the State Constitution.
29 (c) Portions of meetings of a local council that
30 district human rights advocacy committee which relate to the
31 identity of any client or group of clients subject to the
20
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 protections of this section, that which relate to the identity
2 of an individual who provides information to the council
3 committee about abuse or about alleged violations of
4 constitutional or human rights, or wherein testimony is
5 provided relating to records otherwise made confidential by
6 law, are exempt from the provisions of s. 286.011 and s.
7 24(b), Art. I of the State Constitution.
8 (d) All records prepared by members of a local council
9 that the committee which reflect a mental impression,
10 investigative strategy, or theory are exempt from the
11 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
12 Constitution until the investigation is completed or until the
13 investigation ceases to be active. For purposes of this
14 section, an investigation is considered "active" while such
15 investigation is being conducted by a local council the
16 committee with a reasonable, good faith belief that it may
17 lead to a finding of abuse or of a violation of constitutional
18 or human rights. An investigation does not cease to be active
19 so long as the council committee is proceeding with reasonable
20 dispatch and there is a good faith belief that action may be
21 initiated by the council committee or other administrative or
22 law enforcement agency.
23 (e) Any person who knowingly and willfully discloses
24 any such confidential information commits is guilty of a
25 misdemeanor of the second degree, punishable as provided in s.
26 775.082 or s. 775.083.
27 Section 4. Section 402.167, Florida Statutes, is
28 amended to read:
29 402.167 Duties of state agencies that provide client
30 services relating to the Governor's Statewide Advocacy Council
31 and the Governor's local advocacy councils Department duties
21
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 relating to the Statewide Human Rights Advocacy Committee and
2 the District Human Rights Advocacy Committees.--
3 (1) Each state agency that provides client The
4 Department of Children and Family services shall adopt rules
5 that which are consistent with law, amended to reflect any
6 statutory changes, and that which rules address at least the
7 following:
8 (a) Procedures by which Department of Children and
9 Family Services district staff of state agencies refer reports
10 of abuse of clients to Governor's local advocacy councils
11 district human rights advocacy committees.
12 (b) Procedures by which client information is made
13 available to members of the Governor's statewide advocacy
14 council and the Governor's local advocacy councils Human
15 Rights Advocacy Committee and the district human rights
16 advocacy committees.
17 (c) Procedures by which recommendations made by the
18 statewide and local councils human rights advocacy committees
19 will be incorporated into Department of Children and Family
20 Services policies and procedures of the state agencies.
21 (d) Procedures by which committee members are
22 reimbursed for authorized expenditures.
23 (2) The Department of Children and Family Services
24 shall provide for the location of local councils in area
25 district human rights advocacy committees in district
26 headquarters offices and shall provide necessary equipment and
27 office supplies, including, but not limited to, clerical and
28 word processing services, photocopiers, telephone services,
29 and stationery and other necessary supplies, and shall
30 establish the procedures by which council members are
31 reimbursed for authorized expenditures.
22
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 (3) The secretaries or directors of the state agencies
2 secretary shall ensure the full cooperation and assistance of
3 employees of their respective state agencies the Department of
4 Children and Family Services with members and staff of the
5 statewide and local councils human rights advocacy committees.
6 Further, the Secretary of Children and Family Services shall
7 ensure that, to the extent possible, staff assigned to the
8 statewide council and local councils Human Rights Advocacy
9 Committees and District Human Rights Advocacy Committees are
10 free of interference from or control by the department in
11 performing their duties relative to those councils committees.
12 Section 5. Paragraph (a) of subsection (7) of section
13 39.001, Florida Statutes, is amended to read:
14 39.001 Purposes and intent; personnel standards and
15 screening.--
16 (7) PLAN FOR COMPREHENSIVE APPROACH.--
17 (a) The department shall develop a state plan for the
18 prevention of abuse, abandonment, and neglect of children and
19 shall submit the plan to the Speaker of the House of
20 Representatives, the President of the Senate, and the Governor
21 no later than January 1, 1983. The Department of Education and
22 the Division of Children's Medical Services of the Department
23 of Health shall participate and fully cooperate in the
24 development of the state plan at both the state and local
25 levels. Furthermore, appropriate local agencies and
26 organizations shall be provided an opportunity to participate
27 in the development of the state plan at the local level.
28 Appropriate local groups and organizations shall include, but
29 not be limited to, community mental health centers; guardian
30 ad litem programs for children under the circuit court; the
31 school boards of the local school districts; Governor's local
23
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 advocacy councils the district human rights advocacy
2 committees; private or public organizations or programs with
3 recognized expertise in working with children who are sexually
4 abused, physically abused, emotionally abused, abandoned, or
5 neglected and with expertise in working with the families of
6 such children; private or public programs or organizations
7 with expertise in maternal and infant health care;
8 multidisciplinary child protection teams; child day care
9 centers; law enforcement agencies, and the circuit courts,
10 when guardian ad litem programs are not available in the local
11 area. The state plan to be provided to the Legislature and
12 the Governor shall include, as a minimum, the information
13 required of the various groups in paragraph (b).
14 Section 6. Paragraph (k) of subsection (2) of section
15 39.202, Florida Statutes, is amended to read:
16 39.202 Confidentiality of reports and records in cases
17 of child abuse or neglect.--
18 (2) Access to such records, excluding the name of the
19 reporter which shall be released only as provided in
20 subsection (4), shall be granted only to the following
21 persons, officials, and agencies:
22 (k) Any appropriate official of a Governor's advocacy
23 council the human rights advocacy committee investigating a
24 report of known or suspected child abuse, abandonment, or
25 neglect, the Auditor General for the purpose of conducting
26 preliminary or compliance reviews pursuant to s. 11.45, or the
27 guardian ad litem for the child.
28 Section 7. Subsection (4) of section 39.302, Florida
29 Statutes, is amended to read:
30 39.302 Protective investigations of institutional
31 child abuse, abandonment, or neglect.--
24
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 (4) The department shall notify the Governor's local
2 advocacy council human rights advocacy committee in the
3 appropriate district of the department as to every report of
4 institutional child abuse, abandonment, or neglect in the
5 district in which a client of the department is alleged or
6 shown to have been abused, abandoned, or neglected, which
7 notification shall be made within 48 hours after the
8 department commences its investigation.
9 Section 8. Paragraphs (g) and (i) of subsection (4)
10 and subsection (7) of section 393.13, Florida Statutes, are
11 amended to read:
12 393.13 Personal treatment of persons who are
13 developmentally disabled.--
14 (4) CLIENT RIGHTS.--For purposes of this subsection,
15 the term "client," as defined in s. 393.063, shall also
16 include any person served in a facility licensed pursuant to
17 s. 393.067.
18 (g) No client shall be subjected to a treatment
19 program to eliminate bizarre or unusual behaviors without
20 first being examined by a physician who in his or her best
21 judgment determines that such behaviors are not organically
22 caused.
23 1. Treatment programs involving the use of noxious or
24 painful stimuli shall be prohibited.
25 2. All alleged violations of this paragraph shall be
26 reported immediately to the chief administrative officer of
27 the facility or the district administrator, the department
28 head, and the Governor's local advocacy council district human
29 rights advocacy committee. A thorough investigation of each
30 incident shall be conducted and a written report of the
31 finding and results of such investigation shall be submitted
25
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 to the chief administrative officer of the facility or the
2 district administrator and to the department head within 24
3 hours of the occurrence or discovery of the incident.
4 3. The department shall promulgate by rule a system
5 for the oversight of behavioral programs. Such system shall
6 establish guidelines and procedures governing the design,
7 approval, implementation, and monitoring of all behavioral
8 programs involving clients. The system shall ensure statewide
9 and local review by committees of professionals certified as
10 behavior analysts pursuant to s. 393.17. No behavioral
11 program shall be implemented unless reviewed according to the
12 rules established by the department under this section.
13 Nothing stated in this section shall prohibit the review of
14 programs by the Governor's statewide or local advocacy
15 councils district human rights advocacy committee.
16 (i) Clients shall have the right to be free from
17 unnecessary physical, chemical, or mechanical restraint.
18 Restraints shall be employed only in emergencies or to protect
19 the client from imminent injury to himself or herself or
20 others. Restraints shall not be employed as punishment, for
21 the convenience of staff, or as a substitute for a
22 habilitative plan. Restraints shall impose the least possible
23 restrictions consistent with their purpose and shall be
24 removed when the emergency ends. Restraints shall not cause
25 physical injury to the client and shall be designed to allow
26 the greatest possible comfort.
27 1. Mechanical supports used in normative situations to
28 achieve proper body position and balance shall not be
29 considered restraints, but shall be prescriptively designed
30 and applied under the supervision of a qualified professional
31
26
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 with concern for principles of good body alignment,
2 circulation, and allowance for change of position.
3 2. Totally enclosed cribs and barred enclosures shall
4 be considered restraints.
5 3. Daily reports on the employment of physical,
6 chemical, or mechanical restraints by those specialists
7 authorized in the use of such restraints shall be made to the
8 appropriate chief administrator of the facility, and a monthly
9 summary of such reports shall be relayed to the district
10 administrator and the Governor's local advocacy council
11 district human rights advocacy committee. The reports shall
12 summarize all such cases of restraints, the type used, the
13 duration of usage, and the reasons therefor. Districts shall
14 submit districtwide quarterly reports of these summaries to
15 the state Developmental Services Program Office.
16 4. The department shall post a copy of the rules
17 promulgated under this section in each living unit of
18 residential facilities. A copy of the rules promulgated under
19 this section shall be given to all staff members of licensed
20 facilities and made a part of all preservice and inservice
21 training programs.
22 (7) RESIDENT GOVERNMENT.--Each residential facility
23 providing services to clients who are desirous and capable of
24 participating shall initiate and develop a program of resident
25 government to hear the views and represent the interests of
26 all clients served by the facility. The resident government
27 shall be composed of residents elected by other residents,
28 staff advisers skilled in the administration of community
29 organizations, and a representative of the Governor's local
30 advocacy council district human rights advocacy committee. The
31 resident government shall work closely with the Governor's
27
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 local advocacy council district human rights advocacy
2 committee and the district administrator to promote the
3 interests and welfare of all residents in the facility.
4 Section 9. Paragraph (c) of subsection (5) and
5 subsection (12) of section 394.459, Florida Statutes, are
6 amended to read:
7 394.459 Rights of patients.--
8 (5) COMMUNICATION, ABUSE REPORTING, AND VISITS.--
9 (c) Each facility must permit immediate access to any
10 patient, subject to the patient's right to deny or withdraw
11 consent at any time, by the patient's family members,
12 guardian, guardian advocate, representative, Governor's
13 statewide or local advocacy council human rights advocacy
14 committee, or attorney, unless such access would be
15 detrimental to the patient. If a patient's right to
16 communicate or to receive visitors is restricted by the
17 facility, written notice of such restriction and the reasons
18 for the restriction shall be served on the patient, the
19 patient's attorney, and the patient's guardian, guardian
20 advocate, or representative; and such restriction shall be
21 recorded on the patient's clinical record with the reasons
22 therefor. The restriction of a patient's right to communicate
23 or to receive visitors shall be reviewed at least every 7
24 days. The right to communicate or receive visitors shall not
25 be restricted as a means of punishment. Nothing in this
26 paragraph shall be construed to limit the provisions of
27 paragraph (d).
28 (12) POSTING OF NOTICE OF RIGHTS OF PATIENTS.--Each
29 facility shall post a notice listing and describing, in the
30 language and terminology that the persons to whom the notice
31 is addressed can understand, the rights provided in this
28
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 section. This notice shall include a statement that
2 provisions of the federal Americans with Disabilities Act
3 apply and the name and telephone number of a person to contact
4 for further information. This notice shall be posted in a
5 place readily accessible to patients and in a format easily
6 seen by patients. This notice shall include the telephone
7 numbers of the Governor's local advocacy council local human
8 rights advocacy committee and Advocacy Center for Persons with
9 Disabilities, Inc.
10 Section 10. Section 394.4595, Florida Statutes, is
11 amended to read:
12 394.4595 Governor's statewide and local advocacy
13 councils; Human Rights Advocacy Committee access to patients
14 and records.--Any facility designated by the department as a
15 receiving or treatment facility must allow access to any
16 patient and the clinical and legal records of any patient
17 admitted pursuant to the provisions of this act by members of
18 the Governor's statewide and local advocacy councils Human
19 Rights Advocacy Committee.
20 Section 11. Paragraph (d) of subsection (2) of section
21 394.4597, Florida Statutes, is amended to read:
22 394.4597 Persons to be notified; patient's
23 representative.--
24 (2) INVOLUNTARY PATIENTS.--
25 (d) When the receiving or treatment facility selects a
26 representative, first preference shall be given to a health
27 care surrogate, if one has been previously selected by the
28 patient. If the patient has not previously selected a health
29 care surrogate, the selection, except for good cause
30 documented in the patient's clinical record, shall be made
31 from the following list in the order of listing:
29
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 1. The patient's spouse.
2 2. An adult child of the patient.
3 3. A parent of the patient.
4 4. The adult next of kin of the patient.
5 5. An adult friend of the patient.
6 6. The appropriate Governor's local advocacy council
7 human rights advocacy committee as provided in s. 402.166.
8 Section 12. Subsection (1) of section 394.4598,
9 Florida Statutes, is amended to read:
10 394.4598 Guardian advocate.--
11 (1) The administrator may petition the court for the
12 appointment of a guardian advocate based upon the opinion of a
13 psychiatrist that the patient is incompetent to consent to
14 treatment. If the court finds that a patient is incompetent to
15 consent to treatment and has not been adjudicated
16 incapacitated and a guardian with the authority to consent to
17 mental health treatment appointed, it shall appoint a guardian
18 advocate. The patient has the right to have an attorney
19 represent him or her at the hearing. If the person is
20 indigent, the court shall appoint the office of the public
21 defender to represent him or her at the hearing. The patient
22 has the right to testify, cross-examine witnesses, and present
23 witnesses. The proceeding shall be recorded either
24 electronically or stenographically, and testimony shall be
25 provided under oath. One of the professionals authorized to
26 give an opinion in support of a petition for involuntary
27 placement, as described in s. 394.467(2), must testify. A
28 guardian advocate must meet the qualifications of a guardian
29 contained in part IV of chapter 744, except that a
30 professional referred to in this part, an employee of the
31 facility providing direct services to the patient under this
30
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 part, a departmental employee, a facility administrator, or
2 member of the Governor's local advocacy council district human
3 rights advocacy committee shall not be appointed. A person who
4 is appointed as a guardian advocate must agree to the
5 appointment.
6 Section 13. Paragraph (b) of subsection (2) of section
7 394.4599, Florida Statutes, is amended to read:
8 394.4599 Notice.--
9 (2) INVOLUNTARY PATIENTS.--
10 (b) A receiving facility shall give prompt notice of
11 the whereabouts of a patient who is being involuntarily held
12 for examination, by telephone or in person within 24 hours
13 after the patient's arrival at the facility, unless the
14 patient requests that no notification be made. Contact
15 attempts shall be documented in the patient's clinical record
16 and shall begin as soon as reasonably possible after the
17 patient's arrival. Notice that a patient is being admitted as
18 an involuntary patient shall be given to the Governor's local
19 advocacy council local human rights advocacy committee no
20 later than the next working day after the patient is admitted.
21 Section 14. Subsection (5) of section 394.4615,
22 Florida Statutes, is amended to read:
23 394.4615 Clinical records; confidentiality.--
24 (5) Information from clinical records may be used by
25 the Agency for Health Care Administration, the department, and
26 the Governor's advocacy councils human rights advocacy
27 committees for the purpose of monitoring facility activity and
28 complaints concerning facilities.
29 Section 15. Paragraph (g) of subsection (2) of section
30 400.0067, Florida Statutes, is amended to read:
31
31
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 400.0067 Establishment of State Long-Term Care
2 Ombudsman Council; duties; membership.--
3 (2) The State Long-Term Care Ombudsman Council shall:
4 (g) Enter into a cooperative agreement with the
5 Governor's statewide and local advocacy councils district
6 human rights advocacy committees for the purpose of
7 coordinating advocacy services provided to residents of
8 long-term care facilities.
9 Section 16. Section 400.0089, Florida Statutes, is
10 amended to read:
11 400.0089 Agency reports.--The State Long-Term Care
12 Ombudsman Council, shall, in cooperation with the Department
13 of Elderly Affairs, maintain a statewide uniform reporting
14 system to collect and analyze data relating to complaints and
15 conditions in long-term care facilities and to residents, for
16 the purpose of identifying and resolving significant problems.
17 The council shall submit such data as part of its annual
18 report required pursuant to s. 400.0067(2)(h) to the Agency
19 for Health Care Administration, the Department of Children and
20 Family Services, the Governor's Statewide Advocacy Council
21 Statewide Human Rights Advocacy Committee, the Advocacy Center
22 for Persons with Disabilities, the Commissioner for the United
23 States Administration on Aging, the National Ombudsman
24 Resource Center, and any other state or federal entities that
25 the ombudsman determines appropriate.
26 Section 17. Paragraph (a) of subsection (2) of section
27 400.118, Florida Statutes, is amended to read:
28 400.118 Quality assurance; early warning system;
29 monitoring; rapid response teams.--
30 (2)(a) The agency shall establish within each district
31 office one or more quality-of-care monitors, based on the
32
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 number of nursing facilities in the district, to monitor all
2 nursing facilities in the district on a regular, unannounced,
3 aperiodic basis, including nights, evenings, weekends, and
4 holidays. Priority for monitoring visits shall be given to
5 nursing facilities with a history of patient care
6 deficiencies. Quality-of-care monitors shall be registered
7 nurses who are trained and experienced in nursing facility
8 regulation, standards of practice in long-term care, and
9 evaluation of patient care. Individuals in these positions
10 shall not be deployed by the agency as a part of the district
11 survey team in the conduct of routine, scheduled surveys, but
12 shall function solely and independently as quality-of-care
13 monitors. Quality-of-care monitors shall assess the overall
14 quality of life in the nursing facility and shall assess
15 specific conditions in the facility directly related to
16 patient care. The quality-of-care monitor shall include in an
17 assessment visit observation of the care and services rendered
18 to residents and formal and informal interviews with
19 residents, family members, facility staff, resident guests,
20 volunteers, other regulatory staff, and representatives of a
21 long-term care ombudsman council or Governor's advocacy
22 council human rights advocacy committee.
23 Section 18. Subsection (13) of section 400.141,
24 Florida Statutes, is amended to read:
25 400.141 Administration and management of nursing home
26 facilities.--Every licensed facility shall comply with all
27 applicable standards and rules of the agency and shall:
28 (13) Publicly display a poster provided by the agency
29 containing the names, addresses, and telephone numbers for the
30 state's abuse hotline, the State Long-Term Care Ombudsman, the
31 Agency for Health Care Administration consumer hotline, the
33
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 Advocacy Center for Persons with Disabilities, the Governor's
2 Statewide Advocacy Council Statewide Human Rights Advocacy
3 Committee, and the Medicaid Fraud Control Unit, with a clear
4 description of the assistance to be expected from each.
5
6 Facilities that have been awarded a Gold Seal under the
7 program established in s. 400.235 may develop a plan to
8 provide certified nursing assistant training as prescribed by
9 federal regulations and state rules and may apply to the
10 agency for approval of its program.
11 Section 19. Subsection (13) of section 400.419,
12 Florida Statutes, is amended to read:
13 400.419 Violations; administrative fines.--
14 (13) The agency shall develop and disseminate an
15 annual list of all facilities sanctioned or fined $5,000 or
16 more for violations of state standards, the number and class
17 of violations involved, the penalties imposed, and the current
18 status of cases. The list shall be disseminated, at no charge,
19 to the Department of Elderly Affairs, the Department of
20 Health, the Department of Children and Family Services, the
21 area agencies on aging, the Governor's Statewide Advocacy
22 Council Statewide Human Rights Advocacy Committee, and the
23 state and district nursing home ombudsman councils. The
24 Department of Children and Family Services shall disseminate
25 the list to service providers under contract to the department
26 who are responsible for referring persons to a facility for
27 residency. The agency may charge a fee commensurate with the
28 cost of printing and postage to other interested parties
29 requesting a copy of this list.
30 Section 20. Subsection (2) of section 400.428, Florida
31 Statutes, is amended to read:
34
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 400.428 Resident bill of rights.--
2 (2) The administrator of a facility shall ensure that
3 a written notice of the rights, obligations, and prohibitions
4 set forth in this part is posted in a prominent place in each
5 facility and read or explained to residents who cannot read.
6 This notice shall include the name, address, and telephone
7 numbers of the district ombudsman council and adult abuse
8 registry and, when applicable, the Advocacy Center for Persons
9 with Disabilities, Inc., and the Governor's local advocacy
10 council district human rights advocacy committee, where
11 complaints may be lodged. The facility must ensure a
12 resident's access to a telephone to call the district
13 ombudsman council, adult abuse registry, Advocacy Center for
14 Persons with Disabilities, Inc., and the Governor's local
15 advocacy council district human rights advocacy committee.
16 Section 21. Paragraph (a) of subsection (1) of section
17 415.1034, Florida Statutes, is amended to read:
18 415.1034 Mandatory reporting of abuse, neglect, or
19 exploitation of disabled adults or elderly persons; mandatory
20 reports of death.--
21 (1) MANDATORY REPORTING.--
22 (a) Any person, including, but not limited to, any:
23 1. Physician, osteopathic physician, medical examiner,
24 chiropractic physician, nurse, or hospital personnel engaged
25 in the admission, examination, care, or treatment of disabled
26 adults or elderly persons;
27 2. Health professional or mental health professional
28 other than one listed in subparagraph 1.;
29 3. Practitioner who relies solely on spiritual means
30 for healing;
31
35
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 4. Nursing home staff; assisted living facility staff;
2 adult day care center staff; adult family-care home staff;
3 social worker; or other professional adult care, residential,
4 or institutional staff;
5 5. State, county, or municipal criminal justice
6 employee or law enforcement officer;
7 6. Governor's advocacy council member Human rights
8 advocacy committee or long-term care ombudsman council member;
9 or
10 7. Bank, savings and loan, or credit union officer,
11 trustee, or employee,
12
13 who knows, or has reasonable cause to suspect, that a disabled
14 adult or an elderly person has been or is being abused,
15 neglected, or exploited shall immediately report such
16 knowledge or suspicion to the central abuse registry and
17 tracking system on the single statewide toll-free telephone
18 number.
19 Section 22. Subsection (1) of section 415.104, Florida
20 Statutes, is amended to read:
21 415.104 Protective services investigations of cases of
22 abuse, neglect, or exploitation of aged persons or disabled
23 adults; transmittal of records to state attorney.--
24 (1) The department shall, upon receipt of a report
25 alleging abuse, neglect, or exploitation of an aged person or
26 disabled adult, commence, or cause to be commenced within 24
27 hours, a protective services investigation of the facts
28 alleged therein. If, upon arrival of the protective
29 investigator at the scene of the incident, a caregiver refuses
30 to allow the department to begin a protective services
31 investigation or interferes with the department's ability to
36
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 conduct such an investigation, the appropriate law enforcement
2 agency shall be contacted to assist the department in
3 commencing the protective services investigation. If, during
4 the course of the investigation, the department has reason to
5 believe that the abuse, neglect, or exploitation is
6 perpetrated by a second party, the appropriate criminal
7 justice agency and state attorney shall be orally notified in
8 order that such agencies may begin a criminal investigation
9 concurrent with the protective services investigation of the
10 department. In an institutional investigation, the alleged
11 perpetrator may be represented by an attorney, at his or her
12 own expense, or accompanied by another person, if the person
13 or the attorney executes an affidavit of understanding with
14 the department and agrees to comply with the confidentiality
15 provisions of s. 415.107. The absence of an attorney or other
16 person does not prevent the department from proceeding with
17 other aspects of the investigation, including interviews with
18 other persons. The department shall make a preliminary
19 written report to the criminal justice agencies within 5
20 working days after the oral report. The department shall,
21 within 24 hours after receipt of the report, notify the
22 appropriate Governor's local advocacy council human rights
23 advocacy committee, or long-term care ombudsman council, when
24 appropriate, that an alleged abuse, neglect, or exploitation
25 perpetrated by a second party has occurred. Notice to the
26 Governor's local advocacy council human rights advocacy
27 committee or long-term care ombudsman council may be
28 accomplished orally or in writing and shall include the name
29 and location of the aged person or disabled adult alleged to
30 have been abused, neglected, or exploited and the nature of
31
37
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 the report. For each report it receives, the department shall
2 perform an onsite investigation to:
3 (a) Determine that the person is an aged person or
4 disabled adult as defined in s. 415.102.
5 (b) Determine the composition of the family or
6 household, including the name, address, date of birth, social
7 security number, sex, and race of each aged person or disabled
8 adult named in the report; any others in the household or in
9 the care of the caregiver, or any other persons responsible
10 for the aged person's or disabled adult's welfare; and any
11 other adults in the same household.
12 (c) Determine whether there is an indication that any
13 aged person or disabled adult is abused, neglected, or
14 exploited, including a determination of harm or threatened
15 harm to any aged person or disabled adult; the nature and
16 extent of present or prior injuries, abuse, or neglect, and
17 any evidence thereof; and a determination as to the person or
18 persons apparently responsible for the abuse, neglect, or
19 exploitation, including the name, address, date of birth,
20 social security number, sex, and race of each person to be
21 classified as an alleged perpetrator in a proposed confirmed
22 report. An alleged perpetrator named in a proposed confirmed
23 report of abuse, neglect, or exploitation shall cooperate in
24 the provision of the required data for the central abuse
25 registry and tracking system to the fullest extent possible.
26 (d) Determine the immediate and long-term risk to each
27 aged person or disabled adult through utilization of
28 standardized risk assessment instruments.
29 (e) Determine the protective, treatment, and
30 ameliorative services necessary to safeguard and ensure the
31 aged person's or disabled adult's well-being and cause the
38
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 delivery of those services through the early intervention of
2 the departmental worker responsible for service provision and
3 management of identified services.
4 Section 23. Paragraphs (a) and (i) of subsection (1)
5 of section 415.1055, Florida Statutes, are amended to read:
6 415.1055 Notification to administrative entities,
7 subjects, and reporters; notification to law enforcement and
8 state attorneys.--
9 (1) NOTIFICATION TO ADMINISTRATIVE ENTITIES.--
10 (a) The department shall, within 24 hours after
11 receipt of a report of abuse, neglect, or exploitation of a
12 disabled adult or an elderly person within a facility,
13 excluding Saturdays, Sundays, and legal holidays, notify the
14 appropriate Governor's local advocacy council human rights
15 advocacy committee and the long-term care ombudsman council,
16 in writing, that the department has reasonable cause to
17 believe that a disabled adult or an elderly person has been
18 abused, neglected, or exploited at the facility.
19 (i) At the conclusion of a protective investigation at
20 a facility, the department shall notify either the Governor's
21 local advocacy council human rights advocacy committee or
22 long-term care ombudsman council of the results of the
23 investigation. This notification must be in writing.
24 Section 24. Subsection (2) of section 415.106, Florida
25 Statutes, is amended to read:
26 415.106 Cooperation by the department and criminal
27 justice and other agencies.--
28 (2) To ensure coordination, communication, and
29 cooperation with the investigation of abuse, neglect, or
30 exploitation of disabled adults or elderly persons, the
31 department shall develop and maintain interprogram agreements
39
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 or operational procedures among appropriate departmental
2 programs and the State Long-Term Care Ombudsman Council, the
3 Governor's Statewide Advocacy Council Statewide Human Rights
4 Advocacy Committee, and other agencies that provide services
5 to disabled adults or elderly persons. These agreements or
6 procedures must cover such subjects as the appropriate roles
7 and responsibilities of the department in identifying and
8 responding to reports of abuse, neglect, or exploitation of
9 disabled adults or elderly persons; the provision of services;
10 and related coordinated activities.
11 Section 25. Paragraph (g) of subsection (2) of section
12 415.107, Florida Statutes, is amended to read:
13 415.107 Confidentiality of reports and records.--
14 (2) Access to all records, excluding the name of the
15 reporter which shall be released only as provided in
16 subsection (6), shall be granted only to the following
17 persons, officials, and agencies:
18 (g) Any appropriate official of the Governor's
19 advocacy council human rights advocacy committee or long-term
20 care ombudsman council investigating a report of known or
21 suspected abuse, neglect, or exploitation of a disabled adult
22 or an elderly person.
23 Section 26. Subsection (3) of section 430.04, Florida
24 Statutes, is amended to read:
25 430.04 Duties and responsibilities of the Department
26 of Elderly Affairs.--The Department of Elderly Affairs shall:
27 (3) Prepare and submit to the Governor, each Cabinet
28 member, the President of the Senate, the Speaker of the House
29 of Representatives, the minority leaders of the House and
30 Senate, and chairpersons of appropriate House and Senate
31 committees a master plan for policies and programs in the
40
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 state related to aging. The plan must identify and assess the
2 needs of the elderly population in the areas of housing,
3 employment, education and training, medical care, long-term
4 care, preventive care, protective services, social services,
5 mental health, transportation, and long-term care insurance,
6 and other areas considered appropriate by the department. The
7 plan must assess the needs of particular subgroups of the
8 population and evaluate the capacity of existing programs,
9 both public and private and in state and local agencies, to
10 respond effectively to identified needs. If the plan
11 recommends the transfer of any program or service from the
12 Department of Children and Family Services to another state
13 department, the plan must also include recommendations that
14 provide for an independent third-party mechanism, as currently
15 exists in the Governor's advocacy councils human rights
16 advocacy committees established in ss. 402.165 and 402.166,
17 for protecting the constitutional and human rights of
18 recipients of departmental services. The plan must include
19 policy goals and program strategies designed to respond
20 efficiently to current and projected needs. The plan must also
21 include policy goals and program strategies to promote
22 intergenerational relationships and activities. Public
23 hearings and other appropriate processes shall be utilized by
24 the department to solicit input for the development and
25 updating of the master plan from parties including, but not
26 limited to, the following:
27 (a) Elderly citizens and their families and
28 caregivers.
29 (b) Local-level public and private service providers,
30 advocacy organizations, and other organizations relating to
31 the elderly.
41
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 383
731-100C-00
1 (c) Local governments.
2 (d) All state agencies that provide services to the
3 elderly.
4 (e) University centers on aging.
5 (f) Area agency on aging and community care for the
6 elderly lead agencies.
7 Section 27. This act shall take effect July 1, 2000.
8
9 *****************************************
10 HOUSE SUMMARY
11
Renames the statewide and district human rights advocacy
12 committees as the Governor's statewide and local advocacy
councils. Provides legislative intent. Defines "client"
13 and "client services." Provides duties of the councils
with respect to monitoring and investigating abuse or
14 deprivation of constitutional or human rights of clients
receiving client services from any state agency. Current
15 law provides for such actions only with respect to
clients of the Department of Children and Family
16 Services. Revises statewide and local council membership,
appointment, officers, and terms of service. Provides for
17 revision of local council service areas, which are to be
determined by the statewide council. Provides duties of
18 state agencies with respect to the statewide and local
councils. Provides for local council access to state
19 agency records. Authorizes the state agencies subject to
council investigations to adopt rules.
20
21
22
23
24
25
26
27
28
29
30
31
42