House Bill 0383c1

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







    Florida House of Representatives - 2000              CS/HB 383

        By the Committee on Children & Families and
    Representatives Littlefield, Alexander, Hart, Ogles, Wallace,
    Byrd, Flanagan, Bradley and Murman




  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 Florida statewide and local

  7         advocacy councils; providing legislative intent

  8         with respect to the duties and powers of the

  9         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              CS/HB 383

    602-144-00






  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 Florida Statewide

  6  Advocacy Council and the Florida local advocacy councils, and

  7  to have volunteers operate a network of councils that shall,

  8  without interference by an executive agency, undertake to

  9  discover, monitor, investigate, and determine the presence of

10  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  part VIII, or part XI of chapter 400, ss. 402.26-402.319, ss.

22  409.016-409.2355, ss. 409.401-409.441, ss. 409.801-409.942,

23  chapter 411, chapter 414, chapter 415, or chapter 916, which

24  service is provided by a state agency or a service provider

25  operated, funded, licensed, contracted, or regulated by a

26  state agency.

27         (b)  "Client services" means services or programs

28  provided to a client.

29         Section 2.  Section 402.165, Florida Statutes, is

30  amended to read:

31

                                  2

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1         402.165  Florida Statewide Advocacy Council Statewide

  2  Human Rights Advocacy Committee; confidential records and

  3  meetings.--

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

  5  and Family Services a Florida Statewide Advocacy Council

  6  Statewide Human Rights Advocacy Committee. Members of the

  7  council shall represent the interests of clients who are

  8  served by state agencies that provide client services. The

  9  Department of Children and Family Services shall provide

10  administrative support and service to the statewide council

11  committee to the extent requested by the executive director

12  within available resources.  The statewide council is not

13  Human Rights Advocacy Committee shall not be subject to

14  control, supervision, or direction by the Department of

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

16  The council committee shall consist of 15 residents of this

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

18  statewide council district of the Department of Children and

19  Family Services, who broadly represent the interests of the

20  public and the clients of the state agencies that provide

21  client services that department.  The members shall be

22  representative of four five groups of state residents citizens

23  as follows:  one provider who delivers elected public

24  official; two providers who deliver client services as defined

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

26  of Children and Family Services; four nonsalaried

27  representatives of nonprofit agencies or civic groups; four

28  representatives of health and rehabilitative services consumer

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

30  services from the Department of Children and Family Services

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

                                  3

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






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

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

  3  foregoing groups, one two of whom represents the represent

  4  health-related professions and one two of whom represents

  5  represent the legal profession.  In appointing the

  6  representative representatives of the health-related

  7  professions, the appointing authority shall give priority of

  8  consideration to a physician licensed under chapter 458 or

  9  chapter 459; and, in appointing the representative

10  representatives of the legal profession, the appointing

11  authority shall give priority of consideration to a member in

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

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

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

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

16  more than two shall be nonsalaried representatives of

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

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

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

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

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

22  official, each member of the statewide council Human Rights

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

24  advocacy council, with priority consideration given to an

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

26  district human rights advocacy committee.  Persons related to

27  each other by consanguinity or affinity within the third

28  degree may not serve on the statewide council Human Rights

29  Advocacy Committee at the same time.

30         (2)  Members of the statewide council Human Rights

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

                                  4

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






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

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

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

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

  5  after October 1, 1989.

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

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

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

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

10  council committee.  The Governor shall fill the vacancy

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

12  council violates Human Rights Advocacy Committee is in

13  violation of the provisions of this section or procedures

14  adopted under this section thereto, the council committee may

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

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

17  statewide council Human Rights Advocacy Committee from a list

18  of nominees submitted by the statewide council committee.  A

19  list of candidates may shall be submitted to the statewide

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

21  the district human rights advocacy committee in the district

22  from which the vacancy occurs.  Priority of consideration

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

24  receiving one or more client services and whose primary

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

26  group that is of the Department of Children and Family

27  Services not represented on the council committee at the time

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

29  days after a vacancy occurs on the statewide council

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

31  of the statewide council committee without further action by

                                  5

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






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

  2  in client the Department of Children and Family services may

  3  not be appointed to the statewide council committee.

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

  5  Advocacy Committee shall receive no compensation, but are

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

  7  expenses in accordance with s. 112.061.

  8         (b)  The council committee shall select an executive

  9  director who shall serve at the pleasure of the council

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

11  by the council committee.  The compensation of the executive

12  director shall be established in accordance with the rules of

13  the Selected Exempt Service.

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

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

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

17  intangible, and service from any governmental or other public

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

19  use of same.

20         (d)  The statewide council Human Rights Advocacy

21  Committee shall annually prepare a budget request that is not

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

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

24  budget request shall be submitted to the Governor by the

25  department for transmittal to the Legislature.  The budget

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

27  of the statewide council and the local councils Human Rights

28  Advocacy Committee and the district human rights advocacy

29  committees.

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

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

                                  6

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






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

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

  3  consecutive terms.

  4         (7)  The responsibilities of the statewide council

  5  committee include, but are not limited to:

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

  7  for protecting the constitutional and human rights of clients

  8  within programs or facilities any client within a program or

  9  facility operated, funded, licensed, contracted, or regulated

10  by any state agency that provides client the Department of

11  Children and Family services.

12         (b)  Monitoring by site visit and inspection of

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

14  facilities operated, funded, regulated, contracted, or

15  licensed by any state agency that provides client the

16  Department of Children and Family services, for the purpose of

17  preventing abuse or deprivation of the constitutional and

18  human rights of clients.  The statewide council Human Rights

19  Advocacy Committee may conduct an unannounced site visit or

20  monitoring visit that involves the inspection of records if

21  the such visit is conditioned upon a complaint.  A complaint

22  may be generated by the council committee itself if

23  information from any state agency that provides client

24  services or from the Department of Children and Family

25  Services or other sources indicates a situation at the program

26  or facility that indicates possible abuse or neglect or

27  deprivation of the constitutional and human rights of clients.

28  The statewide council Human Rights Advocacy Committee shall

29  establish and follow uniform criteria for the review of

30  information and generation of complaints.  Routine program

31

                                  7

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1  monitoring and reviews that do not require an examination of

  2  records may be made unannounced.

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

  4  abuse or deprivation of constitutional and human rights

  5  referred to the statewide council by a local council Human

  6  Rights Advocacy Committee by a district human rights advocacy

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

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

  9  statewide council Human Rights Advocacy Committee may exercise

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

11  council district committee.

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

13  revised programs of the state agencies that provide client

14  Department of Children and Family services and making

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

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

17  later than December 30 of each calendar year, concerning

18  activities, recommendations, and complaints reviewed or

19  developed by the council committee during the year.

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

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

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

23  the council committee.

24         (g)  Developing and adopting uniform procedures to be

25  used to carry out the purpose and responsibilities of the

26  statewide council and the local councils human rights advocacy

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

28  limited to, the following:

29         1.  The responsibilities of the statewide council and

30  the local councils committee;

31

                                  8

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  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

                                  9

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  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, licensed, contracted, or regulated by any state agency

28  that provides client the Department of Children and Family

29  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

                                  10

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  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

                                  11

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  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

                                  12

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1  action may be initiated by the council committee or other

  2  administrative or law enforcement agency.

  3         (e)  Any person who knowingly and willfully discloses

  4  any such confidential information commits is guilty of a

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

  6  775.082 or s. 775.083.

  7         Section 3.  Section 402.166, Florida Statutes, is

  8  amended to read:

  9         402.166  Florida local advocacy councils District human

10  rights advocacy committees; confidential records and

11  meetings.--

12         (1)  At least one Florida local advocacy council

13  district human rights advocacy committee is created in each

14  service area designated by the Florida Statewide Advocacy

15  Council district of the Department of Children and Family

16  Services.  The local councils are district human rights

17  advocacy committees shall be subject to direction from and the

18  supervision of the statewide council Human Rights Advocacy

19  Committee.  The Department of Children and Family Services

20  district administrator shall assign staff to provide

21  administrative support to the local councils committees, and

22  staff assigned to these positions shall perform the functions

23  required by the local councils committee without interference

24  from the department.  The local councils district committees

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

26  extent necessary for the local councils committees to carry

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

28  the local councils district human rights advocacy committees,

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

30  shall be determined by the statewide council and shall be

31  consistent with judicial boundaries. Local councils majority

                                  13

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






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

  2  have four committees. District committees shall meet at

  3  facilities under their jurisdiction whenever possible.

  4         (2)  Each local council district human rights advocacy

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

  6  15 members, no more than 4 25 percent of whom are or have been

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

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

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

10  legal representative of a current or former client; two

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

12  402.164(2) or programs to clients of the Department of

13  Children and Family Services; and two representatives of

14  professional organizations, one of whom represents the

15  health-related professions and one of whom represents the

16  legal profession. Priority of consideration shall be given to

17  the appointment of at least one medical or osteopathic

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

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

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

21  receiving client services and whose primary interest,

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

23  Department of Children and Family Services not represented on

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

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

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

27  by the Department of Children and Family Services be selected

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

29  are providing contracted services for clients to any state

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

31  the Department of Children and Family Services constitute more

                                  14

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






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

  2  Persons related to each other by consanguinity or affinity

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

  4  council district human rights advocacy committee at the same

  5  time.  All members of local councils district human rights

  6  advocacy committees must successfully complete a standardized

  7  training course for council committee members within 3 months

  8  after their appointment to a local council committee.  A

  9  member may not be assigned to an investigation that which

10  requires access to confidential information prior to the

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

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

13  committee shall not be prevented from participating in any

14  activity of that local council committee, including

15  investigations and monitoring, except due to a conflict of

16  interest as described in the procedures established by the

17  statewide council Human Rights Advocacy Committee pursuant to

18  subsection (7).

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

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

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

22  local council district committee shall appoint a replacement

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

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

25  two full consecutive terms.

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

27  members of any newly created local council committee; and

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

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

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

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

                                  15

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1  appointed by a majority vote of the statewide council district

  2  committee without further action by the Governor.

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

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

  5  initial appointment, terms shall be staggered so that

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

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

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

  9  Vacancies shall be filled as provided in subparagraph 1.

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

11  or disapprove a replacement of a member pursuant to this

12  subsection paragraph within 30 days after the local council

13  district committee has notified the Governor of the

14  appointment, then the appointment of the replacement may shall

15  be considered approved by the statewide council.

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

17  serve applies without regard to whether a term was served

18  before or after October 1, 1989.

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

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

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

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

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

24  on the anniversary of the chairperson's election.

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

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

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

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

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

30  violates this section district committee member is in

31  violation of the provisions of this subsection or procedures

                                  16

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






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

  2  district committee may recommend to the Governor that the such

  3  member be removed.

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

  5  shall receive no compensation but is shall receive per diem

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

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

  8  reimbursement for long-distance telephone calls if such calls

  9  were necessary to an investigation of an abuse or deprivation

10  of constitutional or human rights.

11         (7)  A local council district human rights advocacy

12  committee shall first seek to resolve a complaint with the

13  appropriate local administration, agency, or program; any

14  matter not resolved by the local council district committee

15  shall be referred to the statewide council Human Rights

16  Advocacy Committee.  A local council district human rights

17  advocacy committee shall comply with appeal procedures

18  established by the statewide council Human Rights Advocacy

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

20  and existing local councils district human rights advocacy

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

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

23  rights advocacy committee shall include, but are not limited

24  to:

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

26  for protecting the constitutional and human rights of any

27  client within a program or facility operated, funded,

28  licensed, contracted, or regulated by a state agency providing

29  client the Department of Children and Family services.

30         (b)  Monitoring by site visit and inspection of

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

                                  17

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1  facilities operated, funded, regulated, contracted, or

  2  licensed by a state agency that provides client the Department

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

  4  abuse or deprivation of the constitutional and human rights of

  5  clients.  A local council district human rights advocacy

  6  committee may conduct an unannounced site visit or monitoring

  7  visit that involves the inspection of records if the such

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

  9  generated by the council committee itself if information from

10  a state agency that provides client the Department of Children

11  and Family services or from other sources indicates a

12  situation at the program or facility that indicates possible

13  abuse or neglect or deprivation of constitutional and human

14  rights of clients.  The local council district human rights

15  advocacy committees shall follow uniform criteria established

16  by the statewide council Human Rights Advocacy Committee for

17  the review of information and generation of complaints.

18  Routine program monitoring and reviews that do not require an

19  examination of records may be made unannounced.

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

21  abuse or deprivation of constitutional and human rights.

22         (d)  Reviewing and making recommendations regarding how

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

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

25  prior to implementation of the project recommendation with

26  respect to the involvement by clients of the Department of

27  Children and Family Services as subjects for research

28  projects, prior to implementation, insofar as their human

29  rights are affected.

30         (e)  Reviewing existing programs or services and

31  proposed new or revised programs of client the Department of

                                  18

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1  Children and Family services and making recommendations as to

  2  how these programs and services affect or might affect the

  3  constitutional or human rights of clients are affected.

  4         (f)  Appealing to the statewide council state committee

  5  any complaint unresolved at the local district level.  Any

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

  7  health of a client or is multidistrict in scope shall

  8  automatically be referred to the statewide council Human

  9  Rights Advocacy Committee.

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

11  statewide council Human Rights Advocacy Committee concerning

12  activities, recommendations, and complaints reviewed or

13  developed by the council committee during the year.

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

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

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

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

18  majority of the members of the council committee.

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

20  council district human rights advocacy committee shall have:

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

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

23  funded, licensed, contracted, or regulated by any state agency

24  that provides client the Department of Children and Family

25  services and any records that which are material to its

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

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

28  investigation or monitoring shall not impede or obstruct

29  matters under investigation by law enforcement agencies or

30  judicial authorities. Access shall not be granted if a

31  specific procedure or prohibition for reviewing records is

                                  19

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1  required by federal law and regulation that which supersedes

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

  3  private licensed practitioner who is providing services

  4  outside state agencies and facilities and whose client is

  5  competent and refuses disclosure.

  6         2.  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 committee access

11  to such records upon a finding that such access is directly

12  related to an investigation regarding the possible deprivation

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

14  Original client files, records, and reports shall not be

15  removed from a state agency Department of Children and Family

16  Services or agency facilities.  Upon no circumstances shall

17  the council committee have access to confidential adoption

18  records once the adoption is finalized in court in accordance

19  with the provisions of ss. 39.0132, 63.022, and 63.162. Upon

20  completion of a general investigation of practices and

21  procedures followed by a state agency in providing client of

22  the Department of Children and Family services, the council

23  committee shall report its findings to the appropriate state

24  agency that department.

25         (b)  All information obtained or produced by a local

26  council that the committee which is made confidential by law,

27  that which relates to the identity of any client or group of

28  clients subject to the protection 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

                                  20

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  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 a local council that

  4  district human rights advocacy committee which relate to the

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

  6  protections of this section, that which relate to the identity

  7  of an individual who provides information to the council

  8  committee about abuse or about alleged violations of

  9  constitutional or human rights, or wherein testimony is

10  provided relating to records otherwise made confidential by

11  law, are exempt from the provisions of s. 286.011 and s.

12  24(b), Art. I of the State Constitution.

13         (d)  All records prepared by members of a local council

14  that the 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 a local council the

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 council committee is proceeding with reasonable

25  dispatch and there is a good faith belief that action may be

26  initiated by the council committee or other administrative or

27  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.

                                  21

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1         Section 4.  Section 402.167, Florida Statutes, is

  2  amended to read:

  3         402.167  Duties of state agencies that provide client

  4  services relating to the Florida Statewide Advocacy Council

  5  and the Florida local advocacy councils Department duties

  6  relating to the Statewide Human Rights Advocacy Committee and

  7  the District Human Rights Advocacy Committees.--

  8         (1)  Each state agency that provides client The

  9  Department of Children and Family services shall adopt rules

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

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

12  following:

13         (a)  Procedures by which Department of Children and

14  Family Services district staff of state agencies refer reports

15  of abuse of clients to the Florida local advocacy councils

16  district human rights advocacy committees.

17         (b)  Procedures by which client information is made

18  available to members of the Florida Statewide Advocacy Council

19  and the Florida local advocacy councils Human Rights Advocacy

20  Committee and the district human rights advocacy committees.

21         (c)  Procedures by which recommendations made by the

22  statewide and local councils human rights advocacy committees

23  will be incorporated into Department of Children and Family

24  Services policies and procedures of the state agencies.

25         (d)  Procedures by which committee members are

26  reimbursed for authorized expenditures.

27         (2)  The Department of Children and Family Services

28  shall provide for the location of local councils in area

29  district human rights advocacy committees in district

30  headquarters offices and shall provide necessary equipment and

31  office supplies, including, but not limited to, clerical and

                                  22

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1  word processing services, photocopiers, telephone services,

  2  and stationery and other necessary supplies, and shall

  3  establish the procedures by which council members are

  4  reimbursed for authorized expenditures.

  5         (3)  The secretaries or directors of the state agencies

  6  secretary shall ensure the full cooperation and assistance of

  7  employees of their respective state agencies the Department of

  8  Children and Family Services with members and staff of the

  9  statewide and local councils human rights advocacy committees.

10  Further, the Secretary of Children and Family Services shall

11  ensure that, to the extent possible, staff assigned to the

12  statewide council and local councils Human Rights Advocacy

13  Committees and District Human Rights Advocacy Committees are

14  free of interference from or control by the department in

15  performing their duties relative to those councils committees.

16         Section 5.  Paragraph (a) of subsection (7) of section

17  39.001, Florida Statutes, is amended to read:

18         39.001  Purposes and intent; personnel standards and

19  screening.--

20         (7)  PLAN FOR COMPREHENSIVE APPROACH.--

21         (a)  The department shall develop a state plan for the

22  prevention of abuse, abandonment, and neglect of children and

23  shall submit the plan to the Speaker of the House of

24  Representatives, the President of the Senate, and the Governor

25  no later than January 1, 1983. The Department of Education and

26  the Division of Children's Medical Services of the Department

27  of Health shall participate and fully cooperate in the

28  development of the state plan at both the state and local

29  levels. Furthermore, appropriate local agencies and

30  organizations shall be provided an opportunity to participate

31  in the development of the state plan at the local level.

                                  23

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1  Appropriate local groups and organizations shall include, but

  2  not be limited to, community mental health centers; guardian

  3  ad litem programs for children under the circuit court; the

  4  school boards of the local school districts; the Florida local

  5  advocacy councils the district human rights advocacy

  6  committees; private or public organizations or programs with

  7  recognized expertise in working with children who are sexually

  8  abused, physically abused, emotionally abused, abandoned, or

  9  neglected and with expertise in working with the families of

10  such children; private or public programs or organizations

11  with expertise in maternal and infant health care;

12  multidisciplinary child protection teams; child day care

13  centers; law enforcement agencies, and the circuit courts,

14  when guardian ad litem programs are not available in the local

15  area.  The state plan to be provided to the Legislature and

16  the Governor shall include, as a minimum, the information

17  required of the various groups in paragraph (b).

18         Section 6.  Paragraph (k) of subsection (2) of section

19  39.202, Florida Statutes, is amended to read:

20         39.202  Confidentiality of reports and records in cases

21  of child abuse or neglect.--

22         (2)  Access to such records, excluding the name of the

23  reporter which shall be released only as provided in

24  subsection (4), shall be granted only to the following

25  persons, officials, and agencies:

26         (k)  Any appropriate official of a Florida advocacy

27  council the human rights advocacy committee investigating a

28  report of known or suspected child abuse, abandonment, or

29  neglect, the Auditor General for the purpose of conducting

30  preliminary or compliance reviews pursuant to s. 11.45, or the

31  guardian ad litem for the child.

                                  24

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1         Section 7.  Subsection (4) of section 39.302, Florida

  2  Statutes, is amended to read:

  3         39.302  Protective investigations of institutional

  4  child abuse, abandonment, or neglect.--

  5         (4)  The department shall notify the Florida local

  6  advocacy council human rights advocacy committee in the

  7  appropriate district of the department as to every report of

  8  institutional child abuse, abandonment, or neglect in the

  9  district in which a client of the department is alleged or

10  shown to have been abused, abandoned, or neglected, which

11  notification shall be made within 48 hours after the

12  department commences its investigation.

13         Section 8.  Paragraphs (g) and (i) of subsection (4)

14  and subsection (7) of section 393.13, Florida Statutes, are

15  amended to read:

16         393.13  Personal treatment of persons who are

17  developmentally disabled.--

18         (4)  CLIENT RIGHTS.--For purposes of this subsection,

19  the term "client," as defined in s. 393.063, shall also

20  include any person served in a facility licensed pursuant to

21  s. 393.067.

22         (g)  No client shall be subjected to a treatment

23  program to eliminate bizarre or unusual behaviors without

24  first being examined by a physician who in his or her best

25  judgment determines that such behaviors are not organically

26  caused.

27         1.  Treatment programs involving the use of noxious or

28  painful stimuli shall be prohibited.

29         2.  All alleged violations of this paragraph shall be

30  reported immediately to the chief administrative officer of

31  the facility or the district administrator, the department

                                  25

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1  head, and the Florida local advocacy council district human

  2  rights advocacy committee.  A thorough investigation of each

  3  incident shall be conducted and a written report of the

  4  finding and results of such investigation shall be submitted

  5  to the chief administrative officer of the facility or the

  6  district administrator and to the department head within 24

  7  hours of the occurrence or discovery of the incident.

  8         3.  The department shall promulgate by rule a system

  9  for the oversight of behavioral programs.  Such system shall

10  establish guidelines and procedures governing the design,

11  approval, implementation, and monitoring of all behavioral

12  programs involving clients.  The system shall ensure statewide

13  and local review by committees of professionals certified as

14  behavior analysts pursuant to s. 393.17.  No behavioral

15  program shall be implemented unless reviewed according to the

16  rules established by the department under this section.

17  Nothing stated in this section shall prohibit the review of

18  programs by the Florida statewide or local advocacy councils

19  district human rights advocacy committee.

20         (i)  Clients shall have the right to be free from

21  unnecessary physical, chemical, or mechanical restraint.

22  Restraints shall be employed only in emergencies or to protect

23  the client from imminent injury to himself or herself or

24  others.  Restraints shall not be employed as punishment, for

25  the convenience of staff, or as a substitute for a

26  habilitative plan.  Restraints shall impose the least possible

27  restrictions consistent with their purpose and shall be

28  removed when the emergency ends.  Restraints shall not cause

29  physical injury to the client and shall be designed to allow

30  the greatest possible comfort.

31

                                  26

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1         1.  Mechanical supports used in normative situations to

  2  achieve proper body position and balance shall not be

  3  considered restraints, but shall be prescriptively designed

  4  and applied under the supervision of a qualified professional

  5  with concern for principles of good body alignment,

  6  circulation, and allowance for change of position.

  7         2.  Totally enclosed cribs and barred enclosures shall

  8  be considered restraints.

  9         3.  Daily reports on the employment of physical,

10  chemical, or mechanical restraints by those specialists

11  authorized in the use of such restraints shall be made to the

12  appropriate chief administrator of the facility, and a monthly

13  summary of such reports shall be relayed to the district

14  administrator and the Florida local advocacy council district

15  human rights advocacy committee.  The reports shall summarize

16  all such cases of restraints, the type used, the duration of

17  usage, and the reasons therefor.  Districts shall submit

18  districtwide quarterly reports of these summaries to the state

19  Developmental Services Program Office.

20         4.  The department shall post a copy of the rules

21  promulgated under this section in each living unit of

22  residential facilities.  A copy of the rules promulgated under

23  this section shall be given to all staff members of licensed

24  facilities and made a part of all preservice and inservice

25  training programs.

26         (7)  RESIDENT GOVERNMENT.--Each residential facility

27  providing services to clients who are desirous and capable of

28  participating shall initiate and develop a program of resident

29  government to hear the views and represent the interests of

30  all clients served by the facility.  The resident government

31  shall be composed of residents elected by other residents,

                                  27

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1  staff advisers skilled in the administration of community

  2  organizations, and a representative of the Florida local

  3  advocacy council district human rights advocacy committee. The

  4  resident government shall work closely with the Florida local

  5  advocacy council district human rights advocacy committee and

  6  the district administrator to promote the interests and

  7  welfare of all residents in the facility.

  8         Section 9.  Paragraph (c) of subsection (5) and

  9  subsection (12) of section 394.459, Florida Statutes, are

10  amended to read:

11         394.459  Rights of patients.--

12         (5)  COMMUNICATION, ABUSE REPORTING, AND VISITS.--

13         (c)  Each facility must permit immediate access to any

14  patient, subject to the patient's right to deny or withdraw

15  consent at any time, by the patient's family members,

16  guardian, guardian advocate, representative, Florida statewide

17  or local advocacy council human rights advocacy committee, or

18  attorney, unless such access would be detrimental to the

19  patient.  If a patient's right to communicate or to receive

20  visitors is restricted by the facility, written notice of such

21  restriction and the reasons for the restriction shall be

22  served on the patient, the patient's attorney, and the

23  patient's guardian, guardian advocate, or representative; and

24  such restriction shall be recorded on the patient's clinical

25  record with the reasons therefor.  The restriction of a

26  patient's right to communicate or to receive visitors shall be

27  reviewed at least every 7 days.  The right to communicate or

28  receive visitors shall not be restricted as a means of

29  punishment.  Nothing in this paragraph shall be construed to

30  limit the provisions of paragraph (d).

31

                                  28

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1         (12)  POSTING OF NOTICE OF RIGHTS OF PATIENTS.--Each

  2  facility shall post a notice listing and describing, in the

  3  language and terminology that the persons to whom the notice

  4  is addressed can understand, the rights provided in this

  5  section.  This notice shall include a statement that

  6  provisions of the federal Americans with Disabilities Act

  7  apply and the name and telephone number of a person to contact

  8  for further information.  This notice shall be posted in a

  9  place readily accessible to patients and in a format easily

10  seen by patients.  This notice shall include the telephone

11  numbers of the Florida local advocacy council local human

12  rights advocacy committee and Advocacy Center for Persons with

13  Disabilities, Inc.

14         Section 10.  Section 394.4595, Florida Statutes, is

15  amended to read:

16         394.4595  Florida statewide and local advocacy

17  councils; Human Rights Advocacy Committee access to patients

18  and records.--Any facility designated by the department as a

19  receiving or treatment facility must allow access to any

20  patient and the clinical and legal records of any patient

21  admitted pursuant to the provisions of this act by members of

22  the Florida statewide and local advocacy councils Human Rights

23  Advocacy Committee.

24         Section 11.  Paragraph (d) of subsection (2) of section

25  394.4597, Florida Statutes, is amended to read:

26         394.4597  Persons to be notified; patient's

27  representative.--

28         (2)  INVOLUNTARY PATIENTS.--

29         (d)  When the receiving or treatment facility selects a

30  representative, first preference shall be given to a health

31  care surrogate, if one has been previously selected by the

                                  29

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1  patient.  If the patient has not previously selected a health

  2  care surrogate, the selection, except for good cause

  3  documented in the patient's clinical record, shall be made

  4  from the following list in the order of listing:

  5         1.  The patient's spouse.

  6         2.  An adult child of the patient.

  7         3.  A parent of the patient.

  8         4.  The adult next of kin of the patient.

  9         5.  An adult friend of the patient.

10         6.  The appropriate Florida local advocacy council

11  human rights advocacy committee as provided in s. 402.166.

12         Section 12.  Subsection (1) of section 394.4598,

13  Florida Statutes, is amended to read:

14         394.4598  Guardian advocate.--

15         (1)  The administrator may petition the court for the

16  appointment of a guardian advocate based upon the opinion of a

17  psychiatrist that the patient is incompetent to consent to

18  treatment. If the court finds that a patient is incompetent to

19  consent to treatment and has not been adjudicated

20  incapacitated and a guardian with the authority to consent to

21  mental health treatment appointed, it shall appoint a guardian

22  advocate. The patient has the right to have an attorney

23  represent him or her at the hearing. If the person is

24  indigent, the court shall appoint the office of the public

25  defender to represent him or her at the hearing. The patient

26  has the right to testify, cross-examine witnesses, and present

27  witnesses. The proceeding shall be recorded either

28  electronically or stenographically, and testimony shall be

29  provided under oath. One of the professionals authorized to

30  give an opinion in support of a petition for involuntary

31  placement, as described in s. 394.467(2), must testify. A

                                  30

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1  guardian advocate must meet the qualifications of a guardian

  2  contained in part IV of chapter 744, except that a

  3  professional referred to in this part, an employee of the

  4  facility providing direct services to the patient under this

  5  part, a departmental employee, a  facility administrator, or

  6  member of the Florida local advocacy council district human

  7  rights advocacy committee shall not be appointed. A person who

  8  is appointed as a guardian advocate must agree to the

  9  appointment.

10         Section 13.  Paragraph (b) of subsection (2) of section

11  394.4599, Florida Statutes, is amended to read:

12         394.4599  Notice.--

13         (2)  INVOLUNTARY PATIENTS.--

14         (b)  A receiving facility shall give prompt notice of

15  the whereabouts of a patient who is being involuntarily held

16  for examination, by telephone or in person within 24 hours

17  after the patient's arrival at the facility, unless the

18  patient requests that no notification be made.  Contact

19  attempts shall be documented in the patient's clinical record

20  and shall begin as soon as reasonably possible after the

21  patient's arrival.  Notice that a patient is being admitted as

22  an involuntary patient shall be given to the Florida local

23  advocacy council local human rights advocacy committee no

24  later than the next working day after the patient is admitted.

25         Section 14.  Subsection (5) of section 394.4615,

26  Florida Statutes, is amended to read:

27         394.4615  Clinical records; confidentiality.--

28         (5)  Information from clinical records may be used by

29  the Agency for Health Care Administration, the department, and

30  the Florida advocacy councils human rights advocacy committees

31

                                  31

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1  for the purpose of monitoring facility activity and complaints

  2  concerning facilities.

  3         Section 15.  Paragraph (g) of subsection (2) of section

  4  400.0067, Florida Statutes, is amended to read:

  5         400.0067  Establishment of State Long-Term Care

  6  Ombudsman Council; duties; membership.--

  7         (2)  The State Long-Term Care Ombudsman Council shall:

  8         (g)  Enter into a cooperative agreement with the

  9  Florida statewide and local advocacy councils district human

10  rights advocacy committees for the purpose of coordinating

11  advocacy services provided to residents of long-term care

12  facilities.

13         Section 16.  Section 400.0089, Florida Statutes, is

14  amended to read:

15         400.0089  Agency reports.--The State Long-Term Care

16  Ombudsman Council, shall, in cooperation with the Department

17  of Elderly Affairs, maintain a statewide uniform reporting

18  system to collect and analyze data relating to complaints and

19  conditions in long-term care facilities and to residents, for

20  the purpose of identifying and resolving significant problems.

21  The council shall submit such data as part of its annual

22  report required pursuant to s. 400.0067(2)(h) to the Agency

23  for Health Care Administration, the Department of Children and

24  Family Services, the Florida Statewide Advocacy Council

25  Statewide Human Rights Advocacy Committee, the Advocacy Center

26  for Persons with Disabilities, the Commissioner for the United

27  States Administration on Aging, the National Ombudsman

28  Resource Center, and any other state or federal entities that

29  the ombudsman determines appropriate.

30         Section 17.  Paragraph (a) of subsection (2) of section

31  400.118, Florida Statutes, is amended to read:

                                  32

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1         400.118  Quality assurance; early warning system;

  2  monitoring; rapid response teams.--

  3         (2)(a)  The agency shall establish within each district

  4  office one or more quality-of-care monitors, based on the

  5  number of nursing facilities in the district, to monitor all

  6  nursing facilities in the district on a regular, unannounced,

  7  aperiodic basis, including nights, evenings, weekends, and

  8  holidays. Priority for monitoring visits shall be given to

  9  nursing facilities with a history of patient care

10  deficiencies. Quality-of-care monitors shall be registered

11  nurses who are trained and experienced in nursing facility

12  regulation, standards of practice in long-term care, and

13  evaluation of patient care. Individuals in these positions

14  shall not be deployed by the agency as a part of the district

15  survey team in the conduct of routine, scheduled surveys, but

16  shall function solely and independently as quality-of-care

17  monitors. Quality-of-care monitors shall assess the overall

18  quality of life in the nursing facility and shall assess

19  specific conditions in the facility directly related to

20  patient care. The quality-of-care monitor shall include in an

21  assessment visit observation of the care and services rendered

22  to residents and formal and informal interviews with

23  residents, family members, facility staff, resident guests,

24  volunteers, other regulatory staff, and representatives of a

25  long-term care ombudsman council or Florida advocacy council

26  human rights advocacy committee.

27         Section 18.  Subsection (13) of section 400.141,

28  Florida Statutes, is amended to read:

29         400.141  Administration and management of nursing home

30  facilities.--Every licensed facility shall comply with all

31  applicable standards and rules of the agency and shall:

                                  33

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1         (13)  Publicly display a poster provided by the agency

  2  containing the names, addresses, and telephone numbers for the

  3  state's abuse hotline, the State Long-Term Care Ombudsman, the

  4  Agency for Health Care Administration consumer hotline, the

  5  Advocacy Center for Persons with Disabilities, the Florida

  6  Statewide Advocacy Council Statewide Human Rights Advocacy

  7  Committee, and the Medicaid Fraud Control Unit, with a clear

  8  description of the assistance to be expected from each.

  9

10  Facilities that have been awarded a Gold Seal under the

11  program established in s. 400.235 may develop a plan to

12  provide certified nursing assistant training as prescribed by

13  federal regulations and state rules and may apply to the

14  agency for approval of its program.

15         Section 19.  Subsection (13) of section 400.419,

16  Florida Statutes, is amended to read:

17         400.419  Violations; administrative fines.--

18         (13)  The agency shall develop and disseminate an

19  annual list of all facilities sanctioned or fined $5,000 or

20  more for violations of state standards, the number and class

21  of violations involved, the penalties imposed, and the current

22  status of cases. The list shall be disseminated, at no charge,

23  to the Department of Elderly Affairs, the Department of

24  Health, the Department of Children and Family Services, the

25  area agencies on aging, the Florida Statewide Advocacy Council

26  Statewide Human Rights Advocacy Committee, and the state and

27  district nursing home ombudsman councils. The Department of

28  Children and Family Services shall disseminate the list to

29  service providers under contract to the department who are

30  responsible for referring persons to a facility for residency.

31  The agency may charge a fee commensurate with the cost of

                                  34

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1  printing and postage to other interested parties requesting a

  2  copy of this list.

  3         Section 20.  Subsection (2) of section 400.428, Florida

  4  Statutes, is amended to read:

  5         400.428  Resident bill of rights.--

  6         (2)  The administrator of a facility shall ensure that

  7  a written notice of the rights, obligations, and prohibitions

  8  set forth in this part is posted in a prominent place in each

  9  facility and read or explained to residents who cannot read.

10  This notice shall include the name, address, and telephone

11  numbers of the district ombudsman council and adult abuse

12  registry and, when applicable, the Advocacy Center for Persons

13  with Disabilities, Inc., and the Florida local advocacy

14  council district human rights advocacy committee, where

15  complaints may be lodged.  The facility must ensure a

16  resident's access to a telephone to call the district

17  ombudsman council, adult abuse registry, Advocacy Center for

18  Persons with Disabilities, Inc., and the Florida local

19  advocacy council district human rights advocacy committee.

20         Section 21.  Paragraph (a) of subsection (1) of section

21  415.1034, Florida Statutes, is amended to read:

22         415.1034  Mandatory reporting of abuse, neglect, or

23  exploitation of disabled adults or elderly persons; mandatory

24  reports of death.--

25         (1)  MANDATORY REPORTING.--

26         (a)  Any person, including, but not limited to, any:

27         1.  Physician, osteopathic physician, medical examiner,

28  chiropractic physician, nurse, or hospital personnel engaged

29  in the admission, examination, care, or treatment of disabled

30  adults or elderly persons;

31

                                  35

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1         2.  Health professional or mental health professional

  2  other than one listed in subparagraph 1.;

  3         3.  Practitioner who relies solely on spiritual means

  4  for healing;

  5         4.  Nursing home staff; assisted living facility staff;

  6  adult day care center staff; adult family-care home staff;

  7  social worker; or other professional adult care, residential,

  8  or institutional staff;

  9         5.  State, county, or municipal criminal justice

10  employee or law enforcement officer;

11         6.  Florida advocacy council member Human rights

12  advocacy committee or long-term care ombudsman council member;

13  or

14         7.  Bank, savings and loan, or credit union officer,

15  trustee, or employee,

16

17  who knows, or has reasonable cause to suspect, that a disabled

18  adult or an elderly person has been or is being abused,

19  neglected, or exploited shall immediately report such

20  knowledge or suspicion to the central abuse registry and

21  tracking system on the single statewide toll-free telephone

22  number.

23         Section 22.  Subsection (1) of section 415.104, Florida

24  Statutes, is amended to read:

25         415.104  Protective services investigations of cases of

26  abuse, neglect, or exploitation of aged persons or disabled

27  adults; transmittal of records to state attorney.--

28         (1)  The department shall, upon receipt of a report

29  alleging abuse, neglect, or exploitation of an aged person or

30  disabled adult, commence, or cause to be commenced within 24

31  hours, a protective services investigation of the facts

                                  36

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1  alleged therein. If, upon arrival of the protective

  2  investigator at the scene of the incident, a caregiver refuses

  3  to allow the department to begin a protective services

  4  investigation or interferes with the department's ability to

  5  conduct such an investigation, the appropriate law enforcement

  6  agency shall be contacted to assist the department in

  7  commencing the protective services investigation. If, during

  8  the course of the investigation, the department has reason to

  9  believe that the abuse, neglect, or exploitation is

10  perpetrated by a second party, the appropriate criminal

11  justice agency and state attorney shall be orally notified in

12  order that such agencies may begin a criminal investigation

13  concurrent with the protective services investigation of the

14  department.  In an institutional investigation, the alleged

15  perpetrator may be represented by an attorney, at his or her

16  own expense, or accompanied by another person, if the person

17  or the attorney executes an affidavit of understanding with

18  the department and agrees to comply with the confidentiality

19  provisions of s. 415.107. The absence of an attorney or other

20  person does not prevent the department from proceeding with

21  other aspects of the investigation, including interviews with

22  other persons.  The department shall make a preliminary

23  written report to the criminal justice agencies within 5

24  working days after the oral report.  The department shall,

25  within 24 hours after receipt of the report, notify the

26  appropriate Florida local advocacy council human rights

27  advocacy committee, or long-term care ombudsman council, when

28  appropriate, that an alleged abuse, neglect, or exploitation

29  perpetrated by a second party has occurred.  Notice to the

30  Florida local advocacy council human rights advocacy committee

31  or long-term care ombudsman council may be accomplished orally

                                  37

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1  or in writing and shall include the name and location of the

  2  aged person or disabled adult alleged to have been abused,

  3  neglected, or exploited and the nature of the report.  For

  4  each report it receives, the department shall perform an

  5  onsite investigation to:

  6         (a)  Determine that the person is an aged person or

  7  disabled adult as defined in s. 415.102.

  8         (b)  Determine the composition of the family or

  9  household, including the name, address, date of birth, social

10  security number, sex, and race of each aged person or disabled

11  adult named in the report; any others in the household or in

12  the care of the caregiver, or any other persons responsible

13  for the aged person's or disabled adult's welfare; and any

14  other adults in the same household.

15         (c)  Determine whether there is an indication that any

16  aged person or disabled adult is abused, neglected, or

17  exploited, including a determination of harm or threatened

18  harm to any aged person or disabled adult; the nature and

19  extent of present or prior injuries, abuse, or neglect, and

20  any evidence thereof; and a determination as to the person or

21  persons apparently responsible for the abuse, neglect, or

22  exploitation, including the name, address, date of birth,

23  social security number, sex, and race of each person to be

24  classified as an alleged perpetrator in a proposed confirmed

25  report.  An alleged perpetrator named in a proposed confirmed

26  report of abuse, neglect, or exploitation shall cooperate in

27  the provision of the required data for the central abuse

28  registry and tracking system to the fullest extent possible.

29         (d)  Determine the immediate and long-term risk to each

30  aged person or disabled adult through utilization of

31  standardized risk assessment instruments.

                                  38

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1         (e)  Determine the protective, treatment, and

  2  ameliorative services necessary to safeguard and ensure the

  3  aged person's or disabled adult's well-being and cause the

  4  delivery of those services through the early intervention of

  5  the departmental worker responsible for service provision and

  6  management of identified services.

  7         Section 23.  Paragraphs (a) and (i) of subsection (1)

  8  of section 415.1055, Florida Statutes, are amended to read:

  9         415.1055  Notification to administrative entities,

10  subjects, and reporters; notification to law enforcement and

11  state attorneys.--

12         (1)  NOTIFICATION TO ADMINISTRATIVE ENTITIES.--

13         (a)  The department shall, within 24 hours after

14  receipt of a report of abuse, neglect, or exploitation of a

15  disabled adult or an elderly person within a facility,

16  excluding Saturdays, Sundays, and legal holidays, notify the

17  appropriate Florida local advocacy council human rights

18  advocacy committee and the long-term care ombudsman council,

19  in writing, that the department has reasonable cause to

20  believe that a disabled adult or an elderly person has been

21  abused, neglected, or exploited at the facility.

22         (i)  At the conclusion of a protective investigation at

23  a facility, the department shall notify either the Florida

24  local advocacy council human rights advocacy committee or

25  long-term care ombudsman council of the results of the

26  investigation.  This notification must be in writing.

27         Section 24.  Subsection (2) of section 415.106, Florida

28  Statutes, is amended to read:

29         415.106  Cooperation by the department and criminal

30  justice and other agencies.--

31

                                  39

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1         (2)  To ensure coordination, communication, and

  2  cooperation with the investigation of abuse, neglect, or

  3  exploitation of disabled adults or elderly persons, the

  4  department shall develop and maintain interprogram agreements

  5  or operational procedures among appropriate departmental

  6  programs and the State Long-Term Care Ombudsman Council, the

  7  Florida Statewide Advocacy Council Statewide Human Rights

  8  Advocacy Committee, and other agencies that provide services

  9  to disabled adults or elderly persons. These agreements or

10  procedures must cover such subjects as the appropriate roles

11  and responsibilities of the department in identifying and

12  responding to reports of abuse, neglect, or exploitation of

13  disabled adults or elderly persons; the provision of services;

14  and related coordinated activities.

15         Section 25.  Paragraph (g) of subsection (2) of section

16  415.107, Florida Statutes, is amended to read:

17         415.107  Confidentiality of reports and records.--

18         (2)  Access to all records, excluding the name of the

19  reporter which shall be released only as provided in

20  subsection (6), shall be granted only to the following

21  persons, officials, and agencies:

22         (g)  Any appropriate official of the Florida advocacy

23  council human rights advocacy committee or long-term care

24  ombudsman council investigating a report of known or suspected

25  abuse, neglect, or exploitation of a disabled adult or an

26  elderly person.

27         Section 26.  Subsection (3) of section 430.04, Florida

28  Statutes, is amended to read:

29         430.04  Duties and responsibilities of the Department

30  of Elderly Affairs.--The Department of Elderly Affairs shall:

31

                                  40

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1         (3)  Prepare and submit to the Governor, each Cabinet

  2  member, the President of the Senate, the Speaker of the House

  3  of Representatives, the minority leaders of the House and

  4  Senate, and chairpersons of appropriate House and Senate

  5  committees a master plan for policies and programs in the

  6  state related to aging.  The plan must identify and assess the

  7  needs of the elderly population in the areas of housing,

  8  employment, education and training, medical care, long-term

  9  care, preventive care, protective services, social services,

10  mental health, transportation, and long-term care insurance,

11  and other areas considered appropriate by the department.  The

12  plan must assess the needs of particular subgroups of the

13  population and evaluate the capacity of existing programs,

14  both public and private and in state and local agencies, to

15  respond effectively to identified needs.  If the plan

16  recommends the transfer of any program or service from the

17  Department of Children and Family Services to another state

18  department, the plan must also include recommendations that

19  provide for an independent third-party mechanism, as currently

20  exists in the Florida advocacy councils human rights advocacy

21  committees established in ss. 402.165 and 402.166, for

22  protecting the constitutional and human rights of recipients

23  of departmental services. The plan must include policy goals

24  and program strategies designed to respond efficiently to

25  current and projected needs. The plan must also include policy

26  goals and program strategies to promote intergenerational

27  relationships and activities.  Public hearings and other

28  appropriate processes shall be utilized by the department to

29  solicit input for the development and updating of the master

30  plan from parties including, but not limited to, the

31  following:

                                  41

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






    Florida House of Representatives - 2000              CS/HB 383

    602-144-00






  1         (a)  Elderly citizens and their families and

  2  caregivers.

  3         (b)  Local-level public and private service providers,

  4  advocacy organizations, and other organizations relating to

  5  the elderly.

  6         (c)  Local governments.

  7         (d)  All state agencies that provide services to the

  8  elderly.

  9         (e)  University centers on aging.

10         (f)  Area agency on aging and community care for the

11  elderly lead agencies.

12         Section 27.  This act shall take effect July 1, 2000.

13

14            *****************************************

15                          HOUSE SUMMARY

16
      Renames the statewide and district human rights advocacy
17    committees as the Florida statewide and local advocacy
      councils. Provides legislative intent. Defines "client"
18    and "client services." Provides duties of the councils
      with respect to monitoring and investigating abuse or
19    deprivation of constitutional or human rights of clients
      receiving client services from any state agency.  Current
20    law provides for such actions only with respect to
      clients of the Department of Children and Family
21    Services. Revises statewide and local council membership,
      appointment, officers, and terms of service. Provides for
22    revision of local council service areas, which are to be
      determined by the statewide council. Provides duties of
23    state agencies with respect to the statewide and local
      councils. Provides for local council access to state
24    agency records. Authorizes the state agencies subject to
      council investigations to adopt rules.
25

26

27

28

29

30

31

                                  42