Senate Bill sb1822c1

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    Florida Senate - 2003                           CS for SB 1822

    By the Committee on Children and Families; and Senator
    Margolis




    300-2289-03

  1                      A bill to be entitled

  2         An act relating to adult protective services;

  3         amending s. 415.1045, F.S.; requiring the

  4         Department of Children and Family Services to

  5         enter into certain working agreements with

  6         local law enforcement agencies; requiring the

  7         Office of Program Policy Analysis and

  8         Government Accountability to review and report

  9         to the Legislature; amending s. 415.1102, F.S.;

10         defining the term "multidisciplinary adult

11         protection team"; providing for composition of

12         such teams; requiring the department to report

13         to the Legislature on the status of compliance

14         with certain recommendations relating to the

15         Adult Services Program and to analyze and

16         provide a plan for the implementation of

17         multidisciplinary adult protection teams;

18         providing an effective date.

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

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22         Section 1.  Subsection (6) of section 415.1045, Florida

23  Statutes, is amended to read:

24         415.1045  Photographs, videotapes, and medical

25  examinations; abrogation of privileged communications;

26  confidential records and documents.--

27         (6)  WORKING AGREEMENTS.--By March 1, 2004, the

28  department shall enter into working agreements with the

29  jurisdictionally responsible county sheriffs' office or local

30  police department that will be the lead agency when conducting

31  any criminal investigation arising from an allegation of

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    Florida Senate - 2003                           CS for SB 1822
    300-2289-03




 1  abuse, neglect, or exploitation of a vulnerable adult. The

 2  working agreement must specify how the requirements of this

 3  chapter will be met. The Office of Program Policy Analysis and

 4  Government Accountability shall conduct a review of the

 5  efficacy of the agreements and report its findings to the

 6  Legislature by March 1, 2005. For the purposes of such

 7  agreement, the jurisdictionally responsible law enforcement

 8  entity is authorized to share Florida criminal history and

 9  local criminal history information that is not otherwise

10  exempt from s. 119.07(1) with the district personnel. A law

11  enforcement entity entering into such agreement must comply

12  with s. 943.0525. Criminal justice information provided by

13  such law enforcement entity shall be used only for the

14  purposes specified in the agreement and shall be provided at

15  no charge. Notwithstanding any other provision of law, the

16  Department of Law Enforcement shall provide to the department

17  electronic access to Florida criminal justice information

18  which is lawfully available and not exempt from s. 119.07(1),

19  only for the purpose of protective investigations and

20  emergency placement. As a condition of access to such

21  information, the department shall be required to execute an

22  appropriate user agreement addressing the access, use,

23  dissemination, and destruction of such information and to

24  comply with all applicable laws and rules of the Department of

25  Law Enforcement.

26         Section 2.  Section 415.1102, Florida Statutes, is

27  amended to read:

28         415.1102  Adult protection teams.--

29         (1)  Subject to an appropriation, the department may

30  develop, maintain, and coordinate the services of one or more

31  multidisciplinary adult protection teams in each of the

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    Florida Senate - 2003                           CS for SB 1822
    300-2289-03




 1  districts of the department. As used in this section, the term

 2  "multidisciplinary adult protection team" means a team of two

 3  or more persons who are trained in the prevention,

 4  identification, and treatment of abuse of elderly persons, as

 5  defined in s. 430.602, or of dependent persons and who are

 6  qualified to provide a broad range of services related to

 7  abuse of elderly or dependent persons.

 8         (2)  Such teams may be composed of, but need not be

 9  limited to:

10         (a)  Psychiatrists, psychologists, or other trained

11  counseling personnel;

12         (b)  Police officers or other law enforcement officers;

13         (c)  Medical personnel who have sufficient training to

14  provide health services;

15         (d)  Social workers who have experience or training in

16  preventing the abuse of elderly or dependent persons; and

17         (e)  Public guardians as described in part IX of

18  chapter 744., representatives of appropriate health, mental

19  health, social service, legal service, and law enforcement

20  agencies.

21         (3)  The department shall utilize and convene the teams

22  to supplement the protective services activities of the

23  protective services program of the department.

24         (4)  This section does not prevent a person from

25  reporting under s. 415.1034 all suspected or known cases of

26  abuse, neglect, or exploitation of a vulnerable adult. The

27  role of the teams is to support activities of the protective

28  services program and to provide services deemed by the teams

29  to be necessary and appropriate to abused, neglected, and

30  exploited vulnerable adults upon referral. Services must be

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    Florida Senate - 2003                           CS for SB 1822
    300-2289-03




 1  provided with the consent of the vulnerable adult or that

 2  person's guardian, or through court order.

 3         (5)  If In all instances in which an adult protection

 4  team is providing certain services to abused, neglected, or

 5  exploited vulnerable adults, other offices and units of the

 6  department shall avoid duplicating the provisions of those

 7  services.

 8         Section 3.  Given the serious and growing problem of

 9  elder abuse, by December 1, 2003, the Department of Children

10  and Family Services shall report to the Legislature on the

11  status of its compliance with all of the recommendations for

12  improvement of the Adult Services Program included in Report

13  No. 03-08 from the Office of Program Planning and Government

14  Accountability. The department shall also analyze and include

15  as part of this report a plan for implementing at least one

16  multidisciplinary adult protection team, as defined in section

17  415.1102, Florida Statutes, in each of its districts.

18         Section 4.  This act shall take effect July 1, 2003.

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    Florida Senate - 2003                           CS for SB 1822
    300-2289-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1822

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 4  Changes the date by which the Department of Children and
    Family Services (department) is to enter into working
 5  agreements with local law enforcement agencies pertaining to
    investigations of alleged abuse, neglect, or exploitation of a
 6  vulnerable adult.

 7  Requires the Office of Program Policy Analysis and Government
    Accountability (OPPAGA) instead of the department to conduct a
 8  review of the efficacy of these working agreements and report
    its findings to the Legislature by March 1, 2005.
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    Defines the term "multidisciplinary adult protection team" and
10  suggests the composition of this team.

11  Directs the Department of Children and Family Services to
    report to the Legislature the status of departmental
12  compliance with recommendations for improvement to the Adult
    Services Program that are included in OPPAGA report No. 03-08,
13  by December 1, 2003.

14  Directs the department to analyze and include as a part of
    this report a plan for implementing at least one
15  multidisciplinary adult protection team in each of its
    districts.
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