Senate Bill sb2394
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Florida Senate - 2003 SB 2394
By Senator Carlton
23-697-03 See HB 1323
1 A bill to be entitled
2 An act relating to advocacy councils; amending
3 ss. 39.202, 163.62, and 394.4615, F.S.;
4 providing advocacy councils access to certain
5 records; amending s. 215.5601, F.S.; revising
6 the membership of the Lawton Chiles Endowment
7 Fund Advisory Council; amending s. 395.3025,
8 F.S.; providing advocacy councils access to
9 certain records; deleting requirement that a
10 patient or a patient representative be given
11 opportunity to object to the provision of such
12 records; amending s. 400.118, F.S.; providing
13 that representatives of advocacy councils,
14 rather than of long-term care ombudsman
15 councils, shall participate in quality-of-care
16 assessment visits at nursing homes; amending s.
17 400.408, F.S.; revising the membership of local
18 coordinating workgroups relating to unlicensed
19 assisted living facilities; amending s.
20 402.164, F.S.; revising legislative intent and
21 definitions relating to the Florida Statewide
22 Advocacy Council and Florida local advocacy
23 councils; expanding the definition of "client";
24 including federal health and human services in
25 the definition of "client services"; amending
26 s. 402.165, F.S.; transferring the Florida
27 Statewide Advocacy Council from the Department
28 of Children and Family Services to the Justice
29 Administrative Commission by a type two
30 transfer; providing that the council is an
31 independent state agency; increasing the
1
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Florida Senate - 2003 SB 2394
23-697-03 See HB 1323
1 membership of the council; increasing the terms
2 of members of the council; authorizing the
3 council to create a foundation for certain
4 purposes; prohibiting changes in the council's
5 annual budget requests by the Justice
6 Administrative Commission; providing additional
7 responsibilities and titles for the chair and
8 vice chair of the council and increasing their
9 terms; providing that the council shall be
10 provided access to certain confidential records
11 without the requirement of court approval;
12 providing a definition; providing a fine for
13 persons refusing to provide such access;
14 requiring state agencies to provide notice to
15 the council regarding certain programs;
16 providing for interprogram agreements regarding
17 certain investigatory matters; amending s.
18 402.166, F.S.; revising various provisions
19 relating to local advocacy councils; increasing
20 the number of local advocacy councils which may
21 be established; deleting a prohibition on
22 relatives serving simultaneously on a local
23 council; increasing the terms of members on
24 such councils; providing local councils with
25 access to certain records; deleting the
26 requirement that local councils review client
27 service programs; amending s. 402.167, F.S.;
28 requiring state agencies to adopt rules which
29 provide access to their records and additional
30 case referrals to advocacy councils; requiring
31 the Department of Management Services to
2
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Florida Senate - 2003 SB 2394
23-697-03 See HB 1323
1 provide office locations to local councils in
2 each judicial circuit; revising provisions
3 relating to locations where a council's offices
4 are collocated with those of a state agency;
5 requiring agency secretaries and directors to
6 provide certain information to contractors and
7 to make certain amendments in state plans filed
8 with federal agencies; providing legislative
9 intent that advocacy councils be provided
10 access to all protected health information of
11 clients receiving health and human services;
12 amending s. 402.70, F.S.; requiring certain
13 interagency agreements; amending s. 415.1034,
14 F.S.; deleting the requirement that certain
15 persons make suspected abuse reports to the
16 central abuse hotline; amending s. 415.104,
17 F.S.; requiring the Department of Children and
18 Family Services to provide certain copies of
19 abuse reports to advocacy councils; amending s.
20 415.1055, F.S.; requiring the Department of
21 Children and Family Services to provide copies
22 of certain investigative reports; amending s.
23 415.107, F.S.; clarifying that access to
24 certain records of the Department of Children
25 and Family Services is available to the
26 statewide and local advocacy councils; amending
27 s. 775.0823, F.S.; providing criminal penalties
28 for a violent offense against any official or
29 employee of the executive branch when engaged
30 in certain activities; amending s. 784.07,
31 F.S.; increasing classification and requiring
3
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Florida Senate - 2003 SB 2394
23-697-03 See HB 1323
1 minimum terms of incarceration for the crime of
2 assault or battery if the victim is a child
3 protection services investigator or a member,
4 employee, or agent of an advocacy council;
5 providing an effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Paragraphs (a), (c), and (k) of subsection
10 (2) and subsections (4) and (5) of section 39.202, Florida
11 Statutes, are amended to read:
12 39.202 Confidentiality of reports and records in cases
13 of child abuse or neglect.--
14 (2) Access to such records, excluding the name of the
15 reporter which shall be released only as provided in
16 subsection (4), shall be granted only to the following
17 persons, officials, and agencies:
18 (a) Employees, authorized agents, or contract
19 providers of the department, the Department of Health, or
20 county agencies responsible for carrying out:
21 1. Child or adult protective investigations;
22 2. Ongoing child or adult protective services;
23 3. Healthy Start services; or
24 4. Licensure or approval of adoptive homes, foster
25 homes, or child care facilities, or family day care homes or
26 informal child care providers who receive subsidized child
27 care funding, or other homes used to provide for the care and
28 welfare of children.
29
30 Also, employees or agents of the Department of Juvenile
31 Justice responsible for the provision of services to children,
4
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Florida Senate - 2003 SB 2394
23-697-03 See HB 1323
1 pursuant to chapters 984 and 985, and officials, employees, or
2 agents of the Florida Statewide Advocacy Council for program
3 investigation and monitoring activities, including
4 reconciliation of a complaint pursuant to chapter 402.
5 (c) The state attorney of the judicial circuit in
6 which the child resides or in which the alleged abuse or
7 neglect occurred and the Florida local advocacy council for
8 the service area in which the alleged abuse or neglect
9 occurred.
10 (k) Any appropriate official of the a Florida
11 Statewide Advocacy Council investigating a report of known or
12 suspected child abuse, abandonment, or neglect; the Auditor
13 General or the Office of Program Policy Analysis and
14 Government Accountability for the purpose of conducting audits
15 or examinations pursuant to law; or the guardian ad litem for
16 the child.
17 (4) The name of any person reporting child abuse,
18 abandonment, or neglect may not be released to any person
19 other than employees of the department responsible for child
20 protective services, the central abuse hotline, law
21 enforcement, the child protection team, the Florida Statewide
22 Advocacy Council, the appropriate Florida local advocacy
23 council, or the appropriate state attorney, without the
24 written consent of the person reporting. This does not
25 prohibit the subpoenaing of a person reporting child abuse,
26 abandonment, or neglect when deemed necessary by the court,
27 the state attorney, or the department, the Florida Statewide
28 Advocacy Council, or the appropriate Florida local advocacy
29 council, provided the fact that such person made the report is
30 not disclosed. Any person who reports a case of child abuse or
31 neglect may, at the time he or she makes the report, request
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Florida Senate - 2003 SB 2394
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1 that the department notify him or her that a child protective
2 investigation occurred as a result of the report. Any person
3 specifically listed in s. 39.201(1) who makes a report in his
4 or her official capacity may also request a written summary of
5 the outcome of the investigation. The department shall mail
6 such a notice to the reporter within 10 days after completing
7 the child protective investigation.
8 (5) All records and reports of the child protection
9 team of the Department of Health are confidential and exempt
10 from the provisions of ss. 119.07(1) and 456.057, and shall
11 not be disclosed, except, upon request, to the state attorney,
12 law enforcement, the department, the Florida Statewide
13 Advocacy Council, the appropriate Florida local advocacy
14 council, and necessary professionals, in furtherance of the
15 treatment or additional evaluative needs of the child, by
16 order of the court, or to health plan payors, limited to that
17 information used for insurance reimbursement purposes.
18 Section 2. Section 163.62, Florida Statutes, is
19 amended to read:
20 163.62 Collaborative client information system;
21 establishment.--Notwithstanding any general or special law to
22 the contrary, the agencies of one or more local governments
23 may establish a collaborative client information system. State
24 agencies and private agencies may participate in the
25 collaborative information system. Data related to the
26 following areas may be included in the collaborative
27 information system, although the system is not limited to only
28 these types of information: criminal justice, juvenile
29 justice, education, employment training, health, and human
30 services. The Florida Statewide Advocacy Council and the
31 Florida local advocacy councils shall have access to all
6
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Florida Senate - 2003 SB 2394
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1 collaborative client information upon request as provided in
2 ss. 402.164-402.167.
3 Section 3. Paragraph (a) of subsection (6) of section
4 215.5601, Florida Statutes, is amended to read:
5 215.5601 Lawton Chiles Endowment Fund.--
6 (6) ADVISORY COUNCIL.--The Lawton Chiles Endowment
7 Fund Advisory Council is established for the purpose of
8 reviewing the funding priorities of the state agencies,
9 evaluating their requests against the mission and goals of the
10 agencies and legislative intent for the use of endowment
11 funds, and allowing for public input and advocacy.
12 (a) The advisory council shall consist of 15 members,
13 including:
14 1. The director of the United Way of Florida, Inc., or
15 his or her designee;
16 2. The director of the Foster Parents Association, or
17 his or her designee;
18 3. The chair of the Department of Elderly Affairs
19 Advisory Council, or his or her designee;
20 4. The president of the Florida Association of Area
21 Agencies on Aging, or his or her designee;
22 5. The Advocate General of the Florida Statewide
23 Advocacy Council State Long-Term Care Ombudsman, or his or her
24 designee;
25 6. The state director of the Florida AARP, or his or
26 her designee;
27 7. The director of the Florida Pediatric Society, or
28 his or her designee;
29 8. A representative of the Guardian Ad Litem Program,
30 appointed by the Advocate General of the Florida Statewide
31 Advocacy Council Governor;
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Florida Senate - 2003 SB 2394
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1 9. A representative of a child welfare lead agency for
2 community-based care, appointed by the Governor;
3 10. A representative of an elder care lead agency for
4 community-based care, appointed by the Governor;
5 11. A representative of a statewide child advocacy
6 organization, appointed by the Governor and the Advocate
7 General of the Florida Statewide Advocacy Council;
8 12. One consumer caregiver for children, appointed by
9 the Governor;
10 13. One person over the age of 60 years to represent
11 the interests of elders, appointed by the Governor;
12 14. One person under the age of 18 years to represent
13 the interests of children, appointed by the Governor; and
14 15. One consumer caregiver for a functionally impaired
15 elderly person, appointed by the Governor.
16 Section 4. Subsections (5) and (6) of section
17 394.4615, Florida Statutes, are amended to read:
18 394.4615 Clinical records; confidentiality.--
19 (5) Information from clinical records may be used by
20 the Agency for Health Care Administration, the department, and
21 the Florida Statewide Advocacy Council or the appropriate
22 Florida local advocacy council councils for the purpose of
23 monitoring facility activity and investigating complaints
24 concerning facilities. Clinical records may be copied at the
25 expense of the facility upon demand of an official, employee,
26 or agent of the Florida Statewide Advocacy Council or the
27 appropriate Florida local advocacy council in accordance with
28 the provisions of s. 402.165 or s. 402.166.
29 (6) Clinical records relating to a Medicaid recipient
30 shall be furnished to the Medicaid Fraud Control Unit in the
31 Department of Legal Affairs and the Florida Statewide Advocacy
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Florida Senate - 2003 SB 2394
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1 Council or the appropriate Florida local advocacy council,
2 upon request.
3 Section 5. Paragraph (h) of subsection (4) of section
4 395.3025, Florida Statutes, is amended to read:
5 395.3025 Patient and personnel records; copies;
6 examination.--
7 (4) Patient records are confidential and must not be
8 disclosed without the consent of the person to whom they
9 pertain, but appropriate disclosure may be made without such
10 consent to:
11 (h) The Statewide Advocacy State Long-Term Care
12 Ombudsman Council and the local advocacy long-term care
13 ombudsman councils, with respect to the records of a patient
14 who has been admitted from a nursing home or long-term care
15 facility, when the councils are conducting an investigation
16 involving the patient as authorized under part II of chapter
17 400, upon presentation of identification as a council member
18 by the person making the request. Disclosure under this
19 paragraph shall only be made after a competent patient or the
20 patient's representative has been advised that disclosure may
21 be made and the patient has not objected.
22 Section 6. Paragraph (a) of subsection (2) of section
23 400.118, Florida Statutes, is amended to read:
24 400.118 Quality assurance; early warning system;
25 monitoring; rapid response teams.--
26 (2)(a) The agency shall establish within each district
27 office one or more quality-of-care monitors, based on the
28 number of nursing facilities in the district, to monitor all
29 nursing facilities in the district on a regular, unannounced,
30 aperiodic basis, including nights, evenings, weekends, and
31 holidays. Quality-of-care monitors shall visit each nursing
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Florida Senate - 2003 SB 2394
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1 facility at least quarterly. Priority for additional
2 monitoring visits shall be given to nursing facilities with a
3 history of resident care deficiencies. Quality-of-care
4 monitors shall be registered nurses who are trained and
5 experienced in nursing facility regulation, standards of
6 practice in long-term care, and evaluation of patient care.
7 Individuals in these positions shall not be deployed by the
8 agency as a part of the district survey team in the conduct of
9 routine, scheduled surveys, but shall function solely and
10 independently as quality-of-care monitors. Quality-of-care
11 monitors shall assess the overall quality of life in the
12 nursing facility and shall assess specific conditions in the
13 facility directly related to resident care, including the
14 operations of internal quality improvement and risk management
15 programs and adverse incident reports. The quality-of-care
16 monitor shall include in an assessment visit observation of
17 the care and services rendered to residents and formal and
18 informal interviews with residents, family members, facility
19 staff, resident guests, volunteers, other regulatory staff,
20 and representatives of the a long-term care ombudsman council
21 or Florida Statewide Advocacy Council or the appropriate
22 Florida local advocacy council.
23 Section 7. Paragraph (i) of subsection (1) of section
24 400.408, Florida Statutes, is amended to read:
25 400.408 Unlicensed facilities; referral of person for
26 residency to unlicensed facility; penalties; verification of
27 licensure status.--
28 (1)
29 (i) Each field office of the Agency for Health Care
30 Administration shall establish a local coordinating workgroup
31 which includes representatives of local law enforcement
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Florida Senate - 2003 SB 2394
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1 agencies, state attorneys, local fire authorities, the
2 Department of Children and Family Services, the district
3 long-term care ombudsman council, and the local district human
4 rights advocacy committee to assist in identifying the
5 operation of unlicensed facilities and to develop and
6 implement a plan to ensure effective enforcement of state laws
7 relating to such facilities. The workgroup shall report its
8 findings, actions, and recommendations semiannually to the
9 Director of Health Facility Regulation of the agency.
10 Section 8. Section 402.164, Florida Statutes, is
11 amended to read:
12 402.164 Legislative intent; definitions.--
13 (1)(a) It is the intent of the Legislature to use
14 citizen volunteers as members of the Florida Statewide
15 Advocacy Council and the Florida local advocacy councils, and
16 to have the Florida Statewide Advocacy Council volunteers
17 operate a network of local advocacy councils that shall,
18 without interference by an executive agency, undertake to
19 discover, monitor, investigate, and determine the presence of
20 conditions or individuals that constitute a threat to the
21 rights, health, safety, or welfare of persons who receive
22 services from state agencies.
23 (b) It is the further intent of the Legislature that
24 the monitoring and investigation shall safeguard the health,
25 safety, and welfare of consumers of services provided by these
26 state agencies. The Legislature finds that the government
27 oversight role of the members of the Florida Statewide
28 Advocacy Council and the Florida local advocacy councils is
29 necessary to ensure the protection and advocacy of all
30 Floridians that receive both state and federal health and
31 human services from state agencies. The Legislature further
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Florida Senate - 2003 SB 2394
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1 finds that through the performance of the vital oversight
2 duties and responsibilities by these citizen volunteers, the
3 Florida Health and Human Services Access Act will be
4 preserved.
5 (2) As used in ss. 402.164-402.167, the term:
6 (a) "Client" means any person who receives client
7 services as defined in s. 402.164(2)(b), including, but not
8 limited to, a client as defined in s. 393.063, s. 394.67, s.
9 397.311, or s. 400.960, a forensic client or client as defined
10 in s. 916.106, a child, minor, or youth as defined in s.
11 39.01, s. 61.401, s. 92.53, s. 390.01115, or s. 411.202, a
12 child as defined in s. 827.01, a family as defined in s.
13 414.0252, a participant as defined in s. 400.551, a resident
14 as defined in s. 400.402, a Medicaid recipient or recipient as
15 defined in s. 409.901, a child receiving childcare as defined
16 in s. 402.302, a disabled adult as defined in s. 410.032 or s.
17 410.603, or a victim as defined in s. 39.01, s. 92.53, or s.
18 415.102, or s. 914.17 as each definition applies within its
19 respective chapter. "Client" also means an inmate as defined
20 in s. 397.753, a child as defined in s. 984.03, s. 985.03, or
21 s. 985.418, an exceptional student as defined in s.
22 1003.01(3)(a) or s. 1001.42(4)(l), a recipient of school-based
23 services in s. 1011.70, a newborn infant as defined in s.
24 63.0423, or an unborn person as defined in s. 731.303.
25 (b) "Client services" means health and human services
26 which are provided through any state or federal health and
27 human services program to a client by a state agency or a
28 service provider operated, funded, or contracted by the state.
29 Section 9. Section 402.165, Florida Statutes, is
30 amended to read:
31
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Florida Senate - 2003 SB 2394
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1 402.165 Florida Statewide Advocacy Council;
2 confidential records and meetings.--
3 (1) The Statewide Human Rights Advocacy Committee
4 within the Department of Children and Family Services is
5 redesignated as the Florida Statewide Advocacy Council and
6 shall be administratively housed as an independent state
7 agency within the Justice Administrative Commission by a type
8 two transfer to the Department of Management Services. Members
9 of the council shall represent the interests of clients who
10 are served by state agencies that provide client services. The
11 Justice Administrative Commission Department of Children and
12 Family Services shall provide administrative support and
13 service to the statewide council to the extent requested by
14 the executive director within available resources. The
15 statewide council is not subject to control, supervision, or
16 direction by any state agency the Department of Children and
17 Family Services in the performance of its duties. The council
18 shall consist of 20 15 residents of this state, one from each
19 service area designated by the statewide council, who broadly
20 represent the interests of the public and the clients of the
21 state agencies that provide client services. The members shall
22 be representative of four groups of state residents as
23 follows: one provider who delivers client services as defined
24 in s. 402.164(2); two nonsalaried representatives of nonprofit
25 agencies or civic groups; four representatives of consumer
26 groups who are currently receiving, or have received, client
27 services within the past 4 years, at least one of whom must be
28 a consumer of one or more client services; and two residents
29 of the state who do not represent any of the foregoing groups,
30 one of whom represents the health-related professions and one
31 of whom represents the legal profession. In appointing the
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Florida Senate - 2003 SB 2394
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1 representative of the health-related professions, the
2 appointing authority shall give priority of consideration to a
3 physician licensed under chapter 458 or chapter 459; and, in
4 appointing the representative of the legal profession, the
5 appointing authority shall give priority of consideration to a
6 member in good standing of The Florida Bar. Of the remaining
7 members, no more than one shall be an elected official; no
8 more than one shall be a health professional; no more than one
9 shall be a legal professional; no more than one shall be a
10 provider; no more than two shall be nonsalaried
11 representatives of nonprofit agencies or civic groups; and no
12 more than one shall be an individual whose primary area of
13 interest, experience, or expertise is a major client group of
14 a client services group that is not represented on the council
15 at the time of appointment. Except for the member who is an
16 elected public official, each member of the statewide council
17 must have served as a member of a Florida local advocacy
18 council, with priority consideration given to an applicant who
19 has served a full term on a local council. Persons related to
20 each other by consanguinity or affinity within the third
21 degree may not serve on the statewide council at the same
22 time.
23 (2) Members of the statewide council shall be
24 appointed to serve terms of 6 4 years. A member may not serve
25 more than two full consecutive terms. The terms of members
26 currently serving a term of 4 years are extended by 2
27 additional years.
28 (3) If a member of the statewide council fails to
29 attend two-thirds of the regular council meetings during the
30 course of a year, the position held by the member may be
31 deemed vacant by the council. The Governor shall fill the
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Florida Senate - 2003 SB 2394
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1 vacancy pursuant to subsection (4). If a member of the
2 statewide council violates this section or procedures adopted
3 under this section, the council may recommend to the Governor
4 that the member be removed.
5 (4) The Governor shall fill each vacancy on the
6 statewide council from a list of nominees submitted by the
7 statewide council. A list of candidates may be submitted to
8 the statewide council by the local council in the service area
9 from which the vacancy occurs. Priority of consideration shall
10 be given to the appointment of an individual who is receiving
11 one or more client services and whose primary interest,
12 experience, or expertise lies with a major client group that
13 is not represented on the council at the time of the
14 appointment. If an appointment is not made within 60 days
15 after a vacancy occurs on the statewide council, the vacancy
16 may be filled by a majority vote of the statewide council
17 without further action by the Governor. A person who is
18 employed by any state agency in client services may not be
19 appointed to the statewide council.
20 (5)(a) Members of the statewide council shall receive
21 no compensation, but are entitled to be reimbursed for per
22 diem and travel expenses in accordance with s. 112.061.
23 (b) The council shall select an executive director who
24 shall serve at the pleasure of the council and shall perform
25 the duties delegated to him or her by the council. The
26 compensation of the executive director and staff shall be
27 established in accordance with the rules of the Selected
28 Exempt Service.
29 (c) The council may apply for, receive, and accept
30 grants, gifts, donations, bequests, and other payments
31 including money or property, real or personal, tangible or
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1 intangible, and service from any governmental or other public
2 or private entity or person and make arrangements as to the
3 use of same. The council may create a foundation for such
4 purposes.
5 (d) The statewide council shall annually prepare a
6 legislative budget request that is not to be changed by the
7 Justice Administrative Commission department staff after it is
8 approved by the council and, but shall be submitted to the
9 Governor for inclusion in the Governor's legislative budget
10 request and transmittal to the Legislature. The budget shall
11 include a request for funds to carry out the activities of the
12 statewide council and the local councils.
13 (6) The members of the statewide council shall elect a
14 chair, who shall also serve in the capacity of Advocate
15 General for the State of Florida, and a vice chair, who shall
16 also serve in the capacity of Lieutenant Advocate General for
17 the State of Florida, to terms of 2 years 1 year. A person may
18 not serve as chair or vice chair for more than two full
19 consecutive terms.
20 (7) The responsibilities of the statewide council
21 include, but are not limited to:
22 (a) Serving as an independent third-party mechanism
23 within Florida state government for protecting the
24 constitutional and human rights of clients within programs or
25 facilities operated, funded, or contracted by any state agency
26 that provides client services.
27 (b) Monitoring by site visit and access to inspection
28 of records the delivery and use of services, programs, or
29 facilities operated, funded, or contracted by any state agency
30 that provides client services, for the purpose of preventing
31 abuse or deprivation of the constitutional and human rights of
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1 clients. The statewide council may conduct an unannounced site
2 visit or monitoring visit and must be provided access to that
3 involves the inspection of records if the visit is conditioned
4 upon a complaint. A complaint may be generated by the council
5 itself if information from any state agency that provides
6 client services or from other sources indicates a situation at
7 the program or facility that indicates possible abuse or
8 neglect or deprivation of the constitutional and human rights
9 of clients. For the purposes of this section, the term
10 "provided access to records" means a visual inspection of such
11 records is permitted and a copy of the hard-copy or electronic
12 version of the records maintained is made available by the
13 state agency, facility, provider, or contractor. The statewide
14 council shall establish and follow uniform criteria for the
15 review of information and generation of complaints. Routine
16 program monitoring and reviews that do not require an
17 examination of records may be made unannounced.
18 (c) Receiving, investigating, and resolving reports of
19 abuse or deprivation of constitutional and human rights
20 referred to the statewide council by a local council. If a
21 matter constitutes a threat to the life, safety, or health of
22 clients or is multiservice-area multidistrict in scope, the
23 statewide council may exercise such powers without the
24 necessity of a referral from a local council.
25 (d) Reviewing existing programs or services and new or
26 revised programs of the state agencies that provide client
27 services and making recommendations as to how the rights of
28 clients are affected. State agencies shall notify the
29 executive director of the statewide council as to each new or
30 revised statewide program within 60 days prior to
31 implementation to provide the council a reasonable period of
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1 time to determine how the rights of clients are affected by
2 such revision or implementation of such program.
3 (e) Submitting an annual report to the Legislature, no
4 later than December 30 of each calendar year, concerning
5 activities, recommendations, and complaints reviewed or
6 developed by the council during the year.
7 (f) Conducting meetings at least six times a year at
8 the call of the chair and at other times at the call of the
9 Governor or by written request of six members of the council.
10 (g) Adopting rules pursuant to ss. 120.536(1) and
11 120.54 to implement the provisions of this section, including,
12 at a minimum:
13 1. Providing uniform procedures for gaining access to
14 and maintaining confidential information.
15 2. Developing and adopting uniform statewide
16 procedures to be used to carry out the operations purpose and
17 responsibilities of the statewide council and the local
18 councils, which procedures shall include, but need not be
19 limited to, the following:
20 a.1. The responsibilities of the statewide council and
21 the local councils;
22 b.2. The organization and operation of the statewide
23 council and the local councils, including procedures for
24 replacing a member, formats for maintaining records of council
25 activities, and criteria for determining what constitutes a
26 conflict of interest for purposes of assigning and conducting
27 investigations and monitoring;
28 c.3. Uniform procedures for the statewide council and
29 the local councils relating to receiving and investigating
30 reports of abuse or deprivation of constitutional or human
31 rights;
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1 4. The responsibilities and relationship of the local
2 councils to the statewide council;
3 d.5. The relationship of the statewide council to the
4 state agencies that receive and investigate reports of abuse
5 and neglect of clients of state agencies, including the way in
6 which reports of findings and recommendations related to
7 reported abuse or neglect are issued given to the appropriate
8 state agency that provides client services;
9 e.6. Provision for cooperation with the State
10 Long-Term Care Ombudsman Council; and
11 f.7. Procedures for appeal. An appeal to the statewide
12 council is made by a local council when a valid complaint is
13 not resolved at the local level. The statewide council may
14 appeal an unresolved complaint to the secretary or director of
15 the appropriate state agency that provides client services.
16 If, after exhausting all remedies, the statewide council is
17 not satisfied that the complaint can be resolved within the
18 state agency, the appeal may be referred to the Governor;
19 8. Uniform procedures for gaining access to and
20 maintaining confidential information; and
21 9. Definitions of misfeasance and malfeasance for
22 members of the statewide council and local councils.
23 (h) Supervising the operations of the local councils,
24 monitoring the performance and activities of all local
25 councils, and providing technical assistance to members and
26 staff of local councils.
27 (i) Providing for the development and presentation of
28 a standardized training program for members of local councils.
29 (j) Ensuring coordination, communication, and
30 cooperation with the investigation of abuse, neglect, or
31 exploitation of vulnerable adults by joining with state
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1 agencies in developing and maintaining interprogram agreements
2 or operational procedures among appropriate departmental
3 programs, the Medicaid Fraud Control Unit, the Governor's
4 Inspector General, and other agencies that provide services to
5 clients. These agreements or procedures must cover such
6 subjects as the appropriate roles and responsibilities of the
7 state agency in identifying and responding to reports of
8 abuse, neglect, or exploitation of clients; the provision of
9 services; and related coordinated activities.
10 (k) Serving in the administration of the State
11 Medicaid Plan by conducting investigations relating to the
12 administration of the plan or determining and improving
13 services to the recipients of the Medicaid program in
14 accordance with 42 C.F.R. ss. 431.302 and 431.306.
15 (l) Serving as a citizen review panel of the state
16 plan submitted under the Child Abuse Prevention and Treatment
17 Act (CAPTA).
18 (8)(a) In the performance of its duties, the statewide
19 council shall have:
20 1. Authority to receive, investigate, seek to
21 conciliate, hold administrative hearings pursuant to chapter
22 120 on, and act on complaints that allege any abuse or
23 deprivation of constitutional or human rights of persons who
24 receive client services from any state agency. In performing
25 its duties under this subparagraph, the council may issue
26 declaratory statements pursuant to the provisions of chapter
27 120.
28 2. Access to all state agency program and service
29 records and client records, files, and reports from any
30 program, service, or facility that is operated, funded, or
31 contracted by any state agency that provides client services
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1 and any records that are material to its investigation and are
2 in the custody of any other agency or department of
3 government, including law enforcement agencies, public
4 education facilities, the Medicaid program, and Child
5 Protective Services. The council's investigation or monitoring
6 shall not impede or obstruct matters under investigation by
7 law enforcement agencies or judicial authorities, and in
8 accordance with s. 20.055, law enforcement agencies and
9 inspector generals shall allow access of investigative records
10 to the council. Access shall not be granted if a specific
11 procedure or prohibition for reviewing records is required by
12 federal law and regulation that supersedes state law. Access
13 shall not be granted to the records of a private licensed
14 practitioner who is providing services outside the state
15 agency, or outside a state facility, and whose client is
16 competent and refuses disclosure.
17 3. Standing to seek injunctive relief from petition
18 the circuit court for denial of access to client records or
19 state agency program or services records to its members or
20 members of any of the local advocacy councils that are
21 confidential as specified by law. The petition shall state the
22 specific reasons for which the council is seeking access and
23 the intended use of such information. The circuit court shall
24 issue a civil fine of $15,000 to any individual who withheld
25 client, program, or services records or otherwise denied
26 access to any records requested by the statewide council or
27 any of the local advocacy councils may authorize council
28 access to such records upon a finding that such access is
29 directly related to an investigation regarding the possible
30 deprivation of constitutional or human rights or the abuse of
31 a client. Original client files, agency records, and reports
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1 shall not be removed from a state agency, but copies shall be
2 provided to the statewide council and the local advocacy
3 councils at the state agency's expense. Under no circumstance
4 shall the council have access to confidential adoption records
5 once the adoption is finalized by a court in accordance with
6 ss. 39.0132, 63.022, and 63.162. Upon completion of a general
7 investigation of practices and procedures of a state agency,
8 the statewide council shall report its findings to that
9 agency.
10 (b) All information obtained or produced by the
11 statewide council that is made confidential by law, that
12 relates to the identity of any client or group of clients
13 subject to the protections of this section, or that relates to
14 the identity of an individual who provides information to the
15 council about abuse or about alleged violations of
16 constitutional or human rights, is confidential and exempt
17 from s. 119.07(1) and s. 24(a), Art. I of the State
18 Constitution.
19 (c) Portions of meetings of the statewide council that
20 relate to the identity of any client or group of clients
21 subject to the protections of this section, that relate to the
22 identity of an individual who provides information to the
23 council about abuse or about alleged violations of
24 constitutional or human rights, or wherein testimony is
25 provided relating to records otherwise made confidential by
26 law, are exempt from s. 286.011 and s. 24(b), Art. I of the
27 State Constitution.
28 (d) All records prepared by members of the statewide
29 council that reflect a mental impression, investigative
30 strategy, or theory are exempt from s. 119.07(1) and s. 24(a),
31 Art. I of the State Constitution until the investigation is
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1 completed or until the investigation ceases to be active. For
2 purposes of this section, an investigation is considered
3 "active" while such investigation is being conducted by the
4 statewide council with a reasonable, good faith belief that it
5 may lead to a finding of abuse or of a violation of human
6 rights. An investigation does not cease to be active so long
7 as the statewide council is proceeding with reasonable
8 dispatch and there is a good faith belief that action may be
9 initiated by the council or other administrative or law
10 enforcement agency.
11 (e) Any person who knowingly and willfully discloses
12 any such confidential information commits a misdemeanor of the
13 second degree, punishable as provided in s. 775.082 or s.
14 775.083.
15 Section 10. Section 402.166, Florida Statutes, is
16 amended to read:
17 402.166 Florida local advocacy councils; confidential
18 records and meetings.--
19 (1) Each district human rights advocacy committee
20 within each district service area of the Department of
21 Children and Family Services is redesignated as the Florida
22 Local Advocacy Council. The local councils are subject to
23 direction from and the supervision of the Florida Statewide
24 Advocacy Council. The Florida Statewide Advocacy Council
25 Department of Children and Family Services shall assign staff
26 to provide administrative support to the local councils, and
27 staff assigned to these positions shall perform the functions
28 required by the statewide and local advocacy councils without
29 interference from any state agency the department. The
30 Statewide Advocacy Council member and chair of the local
31 councils shall direct the activities of staff assigned to them
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1 to the extent necessary for the local councils to carry out
2 their duties. The number and areas of responsibility of the
3 local councils, not to exceed 60 46 councils statewide, shall
4 be determined by the Florida Statewide Advocacy Council and
5 shall be consistent with judicial circuit boundaries. Local
6 councils shall meet at state-licensed facilities under their
7 jurisdiction whenever possible.
8 (2) Each local council shall have no fewer than 7
9 members and no more than 15 members, no more than 4 of whom
10 are or have been recipients of one or more client services
11 within the last 4 years, except that one member of this group
12 may be an immediate relative or legal representative of a
13 current or former client; two providers who deliver client
14 services as defined in s. 402.164(2); and two representatives
15 of professional organizations, one of whom represents the
16 health-related professions and one of whom represents the
17 legal profession. Priority of consideration shall be given to
18 the appointment of at least one medical or osteopathic
19 physician, as defined in chapters 458 and 459, and one member
20 in good standing of The Florida Bar. Priority of consideration
21 shall also be given to the appointment of an individual who is
22 receiving client services and whose primary interest,
23 experience, or expertise lies with a major client group not
24 represented on the council at the time of the appointment. A
25 person who is employed in client services by any state agency
26 may not be appointed to the council. No more than three
27 individuals who are providing contracted services for clients
28 to any state agency may serve on the same local council at the
29 same time. Persons related to each other by consanguinity or
30 affinity within the third degree may not serve on the same
31 local council at the same time. All members of local councils
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1 must successfully complete a standardized training course for
2 council members within 3 months after their appointment to a
3 local council. A member may not be assigned to an
4 investigation that requires access to confidential information
5 prior to the completion of the training course. After he or
6 she completes the required training course, a member of a
7 local council may not be prevented from participating in any
8 activity of that local council, including investigations and
9 monitoring, except due to a conflict of interest as described
10 in the procedures established by the statewide council
11 pursuant to subsection (7).
12 (3)(a) With respect to existing local councils, each
13 member shall serve a term of 6 4 years. Upon expiration of a
14 term and in the case of any other vacancy, the local council
15 shall appoint a replacement by majority vote of the local
16 council, subject to the approval of the Governor. A member may
17 serve no more than two full consecutive terms.
18 (b)1. The Governor shall appoint the first four
19 members of any newly created local council; and those four
20 members shall select the remaining members, subject to
21 approval of the Governor. If any of the first four members are
22 not appointed within 60 days after a request is submitted to
23 the Governor, those members may be appointed by a majority
24 vote of the statewide council without further action by the
25 Governor.
26 2. Members shall serve for no more than two full
27 consecutive terms of 6 4 years, except that at the time of
28 initial appointment, terms shall be staggered so that
29 approximately one-half of the members first appointed shall
30 serve for terms of 6 4 years and the remaining members shall
31
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1 serve for terms of 3 2 years. Vacancies shall be filled as
2 provided in subparagraph 1.
3 (c) If no action is taken by the Governor to approve
4 or disapprove a replacement of a member pursuant to this
5 subsection within 30 days after the local council has notified
6 the Governor of the appointment, then the appointment of the
7 replacement may be considered approved by the statewide
8 council.
9 (4) Each local council shall elect a chair and a vice
10 chair for a term of 1 year. A person may not serve as chair or
11 vice chair for more than two consecutive terms. The chair's
12 and vice chair's terms expire on September 30 of each year.
13 (5) If a local council member fails to attend
14 two-thirds of the regular council meetings during the course
15 of a year, the local council may replace the member. If a
16 member of a local council violates this section or procedures
17 adopted under this section, the local council may recommend to
18 the Governor that the member be removed.
19 (6) A member of a local council shall receive no
20 compensation but is entitled to be reimbursed for per diem and
21 travel expenses as provided in s. 112.061. Members may be
22 provided reimbursement for long-distance telephone calls if
23 such calls were necessary to an investigation of an abuse or
24 deprivation of constitutional or human rights.
25 (7) A local council shall first seek to resolve a
26 complaint with the appropriate local administration, agency,
27 or program; any matter not resolved by the local council shall
28 be referred to the statewide council through appeal. A local
29 council shall comply with appeal procedures established by the
30 statewide council. The duties, actions, and procedures of both
31 new and existing local councils shall conform to ss.
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1 402.164-402.167. The duties of each local council shall
2 include, but are not limited to:
3 (a) Serving as an independent third-party mechanism
4 for protecting the constitutional and human rights of any
5 client within a program or facility operated, funded, or
6 contracted by a state agency providing client services in the
7 local service area.
8 (b) Monitoring by site visit and access to inspection
9 of records the delivery and use of services, programs, or
10 facilities operated, funded, or contracted by a state agency
11 that provides client services, for the purpose of preventing
12 abuse or deprivation of the constitutional and human rights of
13 clients. A local council may conduct an unannounced site visit
14 or monitoring visit and must be provided access to that
15 involves the inspection of records if the visit is conditioned
16 upon a complaint. A complaint may be generated by the council
17 itself if information from a state agency that provides client
18 services or from other sources indicates a situation at the
19 program or facility that indicates possible abuse or neglect
20 or deprivation of constitutional and human rights of clients.
21 For the purposes of this section, the term "provided access to
22 records" means a visual inspection of such records is
23 permitted and a copy of the hard-copy or electronic version of
24 the records maintained is made available by the state agency,
25 facility, provider, or contractor. The local council shall
26 follow uniform criteria established by the statewide council
27 for the review of information and generation of complaints.
28 Routine program monitoring and reviews that do not require an
29 examination of records may be made unannounced.
30
31
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1 (c) Receiving, investigating, and resolving reports of
2 abuse or deprivation of constitutional and human rights in the
3 local service area.
4 (d) Reviewing and making recommendations to the
5 applicable local state agency head or director regarding how a
6 client's constitutional or human rights might be affected by
7 the client's participation in a proposed research project,
8 prior to implementation of the project.
9 (e) Reviewing existing programs and proposed new or
10 revised programs of client services and making recommendations
11 as to how these programs and services affect or might affect
12 the constitutional or human rights of clients.
13 (e)(f) Appealing to the statewide council any
14 complaint unresolved at the local level. Any matter that
15 constitutes a threat to the life, safety, or health of a
16 client or is multidistrict in scope shall automatically be
17 referred to the statewide council.
18 (f)(g) Submitting an annual report by September 30 to
19 the statewide council concerning activities, recommendations,
20 and complaints reviewed or developed by the council during the
21 year.
22 (g)(h) Conducting meetings at least six times a year
23 at the call of the chair and at other times at the call of the
24 Governor, at the call of the statewide council, or by written
25 request of a majority of the members of the council.
26 (8)(a) In the performance of its duties, a local
27 council shall have the same right to be provided access to all
28 client records and state agency files and reports from any
29 program or service and to all records of contract providers or
30 facilities that are operated by, funded by, or under contract
31 with any state agency as specified in s. 402.165(8)(a)2. and
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1 the same standing to seek injunctive relief for denial of
2 access to such records as specified in s. 402.165(8)(a)3.:
3 1. Access to all client records, files, and reports
4 from any program, service, or facility that is operated,
5 funded, or contracted by any state agency that provides client
6 services and any records that are material to its
7 investigation and are in the custody of any other agency or
8 department of government. The council's investigation or
9 monitoring shall not impede or obstruct matters under
10 investigation by law enforcement agencies or judicial
11 authorities. Access shall not be granted if a specific
12 procedure or prohibition for reviewing records is required by
13 federal law and regulation that supersedes state law. Access
14 shall not be granted to the records of a private licensed
15 practitioner who is providing services outside state agencies
16 and facilities and whose client is competent and refuses
17 disclosure.
18 2. Standing to petition the circuit court for access
19 to client records that are confidential as specified by law.
20 The petition shall state the specific reasons for which the
21 council is seeking access and the intended use of such
22 information. The court may authorize access to such records
23 upon a finding that such access is directly related to an
24 investigation regarding the possible deprivation of
25 constitutional or human rights or the abuse of a client.
26 Original client files, records, and reports shall not be
27 removed from a state agency. Upon no circumstances shall the
28 council have access to confidential adoption records once the
29 adoption is finalized in court in accordance with ss. 39.0132,
30 63.022, and 63.162. Upon completion of a general investigation
31 of practices and procedures followed by a state agency in
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1 providing client services, the council shall report its
2 findings to the appropriate state agency.
3 (b) All information obtained or produced by a local
4 council that is made confidential by law, that relates to the
5 identity of any client or group of clients subject to the
6 protection of this section, or that relates to the identity of
7 an individual who provides information to the council about
8 abuse or about alleged violations of constitutional or human
9 rights, is confidential and exempt from s. 119.07(1) and s.
10 24(a), Art. I of the State Constitution.
11 (c) Portions of meetings of a local council that
12 relate to the identity of any client or group of clients
13 subject to the protections of this section, that relate to the
14 identity of an individual who provides information to the
15 council about abuse or about alleged violations of
16 constitutional or human rights, or wherein testimony is
17 provided relating to records otherwise made confidential by
18 law, are exempt from s. 286.011 and s. 24(b), Art. I of the
19 State Constitution.
20 (d) All records prepared by members of a local council
21 that reflect a mental impression, investigative strategy, or
22 theory are exempt from s. 119.07(1) and s. 24(a), Art. I of
23 the State Constitution until the investigation is completed or
24 until the investigation ceases to be active. For purposes of
25 this section, an investigation is considered "active" while
26 such investigation is being conducted by a local council with
27 a reasonable, good faith belief that it may lead to a finding
28 of abuse or of a violation of constitutional or human rights.
29 An investigation does not cease to be active so long as the
30 council is proceeding with reasonable dispatch and there is a
31
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1 good faith belief that action may be initiated by the council
2 or other administrative or law enforcement agency.
3 (e) Any person who knowingly and willfully discloses
4 any such confidential information commits a misdemeanor of the
5 second degree, punishable as provided in s. 775.082 or s.
6 775.083.
7 Section 11. Section 402.167, Florida Statutes, is
8 amended to read:
9 402.167 Duties of state agencies that provide client
10 services relating to the Florida Statewide Advocacy Council
11 and the Florida local advocacy councils.--
12 (1) Each state agency that provides client services
13 shall adopt rules that are consistent with law, amended to
14 reflect any statutory changes, and that address at least the
15 following:
16 (a) Procedures by which staff of state agencies refer
17 reports of abuse or matters that constitute a threat to the
18 life, health, safety, welfare, or human and constitutional
19 rights of clients to the Florida Statewide Advocacy Council
20 and the Florida local advocacy councils.
21 (b) Procedures by which client information is made
22 available and accessible in both electronic and written form
23 to members of the Florida Statewide Advocacy Council and the
24 Florida local advocacy councils.
25 (c) Procedures by which recommendations made by the
26 statewide and local councils will be incorporated into
27 policies, and procedures, and rules of the state agencies.
28 (2) The Department of Management Services Children and
29 Family Services shall provide a maximum of 20 acceptable site
30 locations for the location of local councils' staff for each
31 of the respective 20 judicial circuits councils in
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1 state-owned, state-leased, or state-contracted buildings or
2 state agency area offices at the approval of the executive
3 director of the Florida Statewide Advocacy Council. The
4 department shall make arrangements with state agencies that
5 are located in state-owned, state-leased, or state-contracted
6 properties that provide client services under s. 402.164(2) to
7 house the offices under the Florida Statewide Advocacy
8 Council. Collocated costs paid by the Statewide Advocacy
9 Council shall include and shall provide necessary equipment
10 and office supplies, including, but not be limited to, costs
11 for clerical and word processing services, photocopiers, mail
12 services, telephone services, computer network access and
13 related services, security services, janitorial services,
14 utilities, and parking for staff and state and local council
15 members and stationery and other necessary supplies, and shall
16 establish the procedures by which council members are
17 reimbursed for authorized expenditures.
18 (3) The secretaries or directors of the state agencies
19 shall ensure the full cooperation and assistance of employees
20 of and contract providers to their respective state agencies
21 with members and staff of the statewide and local councils.
22 The secretaries or directors of the state agencies shall
23 notify all contract providers and service providers of the
24 powers, duties, and authority of, and the requirement to
25 provide access to information to, statewide and local council
26 members under ss. 402.164-402.166. Further, staff positions
27 that were assigned as of July 1, 2002, to the Florida local
28 advocacy council or their equivalent FTEs by the Department of
29 Children and Family Services shall be transferred to the
30 executive director of the Florida Statewide Advocacy Council
31 by a type two transfer the Secretary of Children and Family
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1 Services shall ensure that, to the extent possible, staff
2 assigned to the statewide council and local councils are free
3 of interference from or control by the department in
4 performing their duties relative to those councils.
5 (4) The secretaries or directors of the state agencies
6 shall amend any state plans filed with federal agencies that
7 provide federal funding of client services as defined in s.
8 402.164(2) to reflect that the statewide and local advocacy
9 councils' activities are part of the administration of the
10 respective state plan.
11 (5) It is the intent of the Legislature that the
12 Florida Statewide Advocacy Council and local advocacy councils
13 are to have routine access to protected health information of
14 the beneficiaries of the health and human services and any
15 other information that is confidential in nature so that the
16 legal doctrine of expressio unis est exclusio alterius is
17 expressly renounced in the event that another statute
18 specifically fails to specify that the Florida Statewide
19 Advocacy Council or local advocacy council is to be provided
20 access to confidential information.
21 Section 12. Section 402.70, Florida Statutes, is
22 amended to read:
23 402.70 Interagency agreement between state agencies
24 that provide health and human services and the Florida
25 Statewide Advocacy Council Department of Health and Department
26 of Children and Family Services.--State agencies The
27 Department of Health and the Department of Children and Family
28 Services shall enter into an interagency agreement to ensure
29 coordination and cooperation in identifying client
30 populations, developing service delivery systems, and meeting
31 the needs of the state's residents. The interagency agreement
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1 must address cooperative programmatic issues,
2 rules-development issues, and any other issues that must be
3 resolved to ensure the continued working relationship among
4 the health and human family services programs of the two
5 departments. The state agencies shall enter into an
6 interagency agreement with the Florida Statewide Advocacy
7 Council to ensure access and cooperation in identifying and
8 resolving client complaints and to address programmatic
9 issues, rules-development issues, and any other issues that
10 must be resolved to ensure the legislative intent in s.
11 402.164. In accordance with the provisions of the Health
12 Insurance Portability and Accountability Act of 1996 (HIPAA)
13 and other federal privacy laws, the Florida Statewide Advocacy
14 Council, the Agency for Health Care Administration, the
15 Medicaid Fraud Control Unit of the Office of the Attorney
16 General, and the Inspector Governor shall enter into a
17 data-sharing agreement to ensure coordination and cooperation
18 of confidential client health information in monitoring,
19 investigating, protecting, and safeguarding the health,
20 safety, rights, and welfare of the clients of health and human
21 services and programs.
22 Section 13. Paragraph (a) of subsection (1) of section
23 415.1034, Florida Statutes, is amended to read:
24 415.1034 Mandatory reporting of abuse, neglect, or
25 exploitation of vulnerable adults; mandatory reports of
26 death.--
27 (1) MANDATORY REPORTING.--
28 (a) Any person, including, but not limited to, any:
29 1. Physician, osteopathic physician, medical examiner,
30 chiropractic physician, nurse, paramedic, emergency medical
31
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1 technician, or hospital personnel engaged in the admission,
2 examination, care, or treatment of vulnerable adults;
3 2. Health professional or mental health professional
4 other than one listed in subparagraph 1.;
5 3. Practitioner who relies solely on spiritual means
6 for healing;
7 4. Nursing home staff; assisted living facility staff;
8 adult day care center staff; adult family-care home staff;
9 social worker; or other professional adult care, residential,
10 or institutional staff;
11 5. State, county, or municipal criminal justice
12 employee or law enforcement officer;
13 6. An employee of the Department of Business and
14 Professional Regulation conducting inspections of public
15 lodging establishments under s. 509.032;
16 7. Florida Statewide Advocacy Council or local
17 advocacy council member or long-term care ombudsman council
18 member; or
19 8. Bank, savings and loan, or credit union officer,
20 trustee, or employee,
21
22 who knows, or has reasonable cause to suspect, that a
23 vulnerable adult has been or is being abused, neglected, or
24 exploited shall immediately report such knowledge or suspicion
25 to the central abuse hotline.
26 Section 14. Subsection (1) of section 415.104, Florida
27 Statutes, is amended to read:
28 415.104 Protective investigations of cases of abuse,
29 neglect, or exploitation of vulnerable adults; transmittal of
30 records to state attorney.--
31
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1 (1) The department shall, upon receipt of a report
2 alleging abuse, neglect, or exploitation of a vulnerable
3 adult, begin within 24 hours a protective investigation of the
4 facts alleged therein. If a caregiver refuses to allow the
5 department to begin a protective investigation or interferes
6 with the conduct of such an investigation, the appropriate law
7 enforcement agency shall be contacted for assistance. If,
8 during the course of the investigation, the department has
9 reason to believe that the abuse, neglect, or exploitation is
10 perpetrated by a second party, the appropriate law enforcement
11 agency and state attorney shall be orally notified. The
12 department and the law enforcement agency shall cooperate to
13 allow the criminal investigation to proceed concurrently with,
14 and not be hindered by, the protective investigation. The
15 department shall make a preliminary written report to the law
16 enforcement agencies within 5 working days after the oral
17 report. The department shall, within 24 hours after receipt of
18 the report, notify the appropriate Florida local advocacy
19 council, or long-term care ombudsman council, when
20 appropriate, that an alleged abuse, neglect, or exploitation
21 perpetrated by a second party has occurred. The department
22 must also provide to the Florida Statewide Advocacy Council or
23 the appropriate local advocacy council the initial report on
24 any adult or group of adults that such council requests either
25 in writing or verbally. Notice to the Florida local advocacy
26 council or long-term care ombudsman council may be
27 accomplished orally or in writing and shall include the name
28 and location of the vulnerable adult alleged to have been
29 abused, neglected, or exploited and the nature of the report.
30 Section 15. Subsection (8) of section 415.1055,
31 Florida Statutes, is amended to read:
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1 415.1055 Notification to administrative entities.--
2 (8) At the conclusion of a protective investigation at
3 a facility, the department shall notify either the Florida
4 local advocacy council or long-term care ombudsman council of
5 the results of the investigation. The department must also
6 provide to the Florida Statewide Advocacy Council or the
7 appropriate local advocacy council the results of any
8 investigation that such council requests in writing within 7
9 days. This notification must be in writing.
10 Section 16. Paragraph (g) of subsection (3) of section
11 415.107, Florida Statutes, is amended to read:
12 415.107 Confidentiality of reports and records.--
13 (3) Access to all records, excluding the name of the
14 reporter which shall be released only as provided in
15 subsection (6), shall be granted only to the following
16 persons, officials, and agencies:
17 (g) Any appropriate official of the Florida Statewide
18 Advocacy Council or a local advocacy council or long-term care
19 ombudsman council investigating a report of known or suspected
20 abuse, neglect, or exploitation of a vulnerable adult.
21 Section 17. Section 775.0823, Florida Statutes, is
22 amended to read:
23 775.0823 Violent offenses committed against law
24 enforcement officers, correctional officers, state attorneys,
25 assistant state attorneys, executive branch officials and
26 employees, justices, or judges.--The Legislature does hereby
27 provide for an increase and certainty of penalty for any
28 person convicted of a violent offense against any law
29 enforcement or correctional officer, as defined in s.
30 943.10(1), (2), (3), (6), (7), (8), or (9); against any state
31 attorney elected pursuant to s. 27.01 or assistant state
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1 attorney appointed under s. 27.181; against any state official
2 or employee of the executive branch as described in chapter
3 20; or against any justice or judge of a court described in
4 Art. V of the State Constitution, which offense arises out of
5 or in the scope of the officer's duty as a law enforcement or
6 correctional officer, the state attorney's or assistant state
7 attorney's duty as a prosecutor or investigator, the state
8 official's or employee's duty as an enforcer, investigator or
9 monitor, or the justice's or judge's duty as a judicial
10 officer, as follows:
11 (1) For murder in the first degree as described in s.
12 782.04(1), if the death sentence is not imposed, a sentence of
13 imprisonment for life without eligibility for release.
14 (2) For attempted murder in the first degree as
15 described in s. 782.04(1), a sentence pursuant to s. 775.082,
16 s. 775.083, or s. 775.084.
17 (3) For murder in the second degree as described in s.
18 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
19 775.083, or s. 775.084.
20 (4) For attempted murder in the second degree as
21 described in s. 782.04(2) and (3), a sentence pursuant to s.
22 775.082, s. 775.083, or s. 775.084.
23 (5) For murder in the third degree as described in s.
24 782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or
25 s. 775.084.
26 (6) For attempted murder in the third degree as
27 described in s. 782.04(4), a sentence pursuant to s. 775.082,
28 s. 775.083, or s. 775.084.
29 (7) For manslaughter as described in s. 782.07 during
30 the commission of a crime, a sentence pursuant to s. 775.082,
31 s. 775.083, or s. 775.084.
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1 (8) For kidnapping as described in s. 787.01, a
2 sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
3 (9) For aggravated battery as described in s. 784.045,
4 a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
5 (10) For aggravated assault as described in s.
6 784.021, a sentence pursuant to s. 775.082, s. 775.083, or s.
7 775.084.
8
9 Notwithstanding the provisions of s. 948.01, with respect to
10 any person who is found to have violated this section,
11 adjudication of guilt or imposition of sentence shall not be
12 suspended, deferred, or withheld.
13 Section 18. Subsections (1) and (2) of section 784.07,
14 Florida Statutes, are amended to read:
15 784.07 Assault or battery of law enforcement officers,
16 firefighters, emergency medical care providers, public transit
17 employees or agents, or other specified officers;
18 reclassification of offenses; minimum sentences.--
19 (1) As used in this section, the term:
20 (a) "Law enforcement officer" includes a law
21 enforcement officer, a correctional officer, a correctional
22 probation officer, a part-time law enforcement officer, a
23 part-time correctional officer, an auxiliary law enforcement
24 officer, and an auxiliary correctional officer, as those terms
25 are respectively defined in s. 943.10, and any county
26 probation officer; employee or agent of the Department of
27 Corrections who supervises or provides services to inmates;
28 officer of the Parole Commission; and law enforcement
29 personnel of the Fish and Wildlife Conservation Commission,
30 the Department of Environmental Protection, or the Department
31 of Law Enforcement.
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1 (b) "Firefighter" means any person employed by any
2 public employer of this state whose duty it is to extinguish
3 fires; to protect life or property; or to enforce municipal,
4 county, and state fire prevention codes, as well as any law
5 pertaining to the prevention and control of fires.
6 (c) "Emergency medical care provider" means an
7 ambulance driver, emergency medical technician, paramedic,
8 registered nurse, physician as defined in s. 401.23, medical
9 director as defined in s. 401.23, or any person authorized by
10 an emergency medical service licensed under chapter 401 who is
11 engaged in the performance of his or her duties. The term
12 "emergency medical care provider" also includes physicians,
13 employees, agents, or volunteers of hospitals as defined in
14 chapter 395, who are employed, under contract, or otherwise
15 authorized by a hospital to perform duties directly associated
16 with the care and treatment rendered by the hospital's
17 emergency department or the security thereof.
18 (d) "Public transit employees or agents" means bus
19 operators, train operators, revenue collectors, security
20 personnel, equipment maintenance personnel, or field
21 supervisors, who are employees or agents of a transit agency
22 as described in s. 812.015(1)(l).
23 (e) "Other specified officer" means a Child Protection
24 Services investigator or a member, employee, or agent of the
25 Florida Statewide Advocacy Council and Florida local advocacy
26 council.
27 (2) Whenever any person is charged with knowingly
28 committing an assault or battery upon a law enforcement
29 officer, a firefighter, an emergency medical care provider, a
30 traffic accident investigation officer as described in s.
31 316.640, a traffic infraction enforcement officer as described
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1 in s. 316.640, a parking enforcement specialist as defined in
2 s. 316.640, or a security officer employed by the board of
3 trustees of a community college, or another specified officer,
4 while the officer, firefighter, emergency medical care
5 provider, intake officer, traffic accident investigation
6 officer, traffic infraction enforcement officer, parking
7 enforcement specialist, public transit employee or agent, or
8 security officer, or other specified officer is engaged in the
9 lawful performance of his or her duties, the offense for which
10 the person is charged shall be reclassified as follows:
11 (a) In the case of assault, from a misdemeanor of the
12 second degree to a misdemeanor of the first degree.
13 (b) In the case of battery, from a misdemeanor of the
14 first degree to a felony of the third degree.
15 (c) In the case of aggravated assault, from a felony
16 of the third degree to a felony of the second degree.
17 Notwithstanding any other provision of law, any person
18 convicted of aggravated assault upon a law enforcement officer
19 shall be sentenced to a minimum term of imprisonment of 3
20 years.
21 (d) In the case of aggravated battery, from a felony
22 of the second degree to a felony of the first degree.
23 Notwithstanding any other provision of law, any person
24 convicted of aggravated battery of a law enforcement officer
25 shall be sentenced to a minimum term of imprisonment of 5
26 years.
27 Section 19. This act shall take effect July 1, 2003.
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29
30
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