HB 1703

1	A bill to be entitled
2	An act relating to the statewide and local advocacy
3	councils; amending s. 402.164, F.S.; providing legislative
4	intent with respect to the statewide and local advocacy
5	councils; providing additional definitions; amending s.
6	402.165, F.S.; requiring the Florida Statewide Advocacy
7	Council to be located for administrative purposes in the
8	Executive Office of the Governor; revising the membership
9	of the statewide advocacy council; directing the statewide
10	advocacy council to establish interprogram agreements or
11	operational procedures with certain state agencies to
12	ensure coordination, communication, and cooperation during
13	investigations of abuse, neglect, or exploitation of
14	clients; authorizing the council to adopt rules; providing
15	access to records of facilities and programs and of
16	clients receiving client services; authorizing the
17	statewide advocacy council to seek injunctive relief if
18	denied access to records; authorizing a circuit court to
19	impose a civil fine of up to a specified amount if a
20	person unlawfully denies access to a record; amending s.
21	402.166, F.S., relating to local advocacy councils;
22	removing certain membership restrictions; providing that
23	the local council has the same authority to access records
24	from facilities, programs, and clients as does the
25	statewide advocacy council; amending s. 402.167, F.S.;
26	directing each state agency to provide client records and
27	information to the statewide advocacy and local councils;
28	directing state agencies to amend the state plans;
29	transferring the local advocacy councils by a type two
30	transfer from the Department of Children and Family
31	Services to the Florida Statewide Advocacy Council;
32	providing an effective date.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1.  Section 402.164, Florida Statutes, is amended
37	to read:
38	402.164  Legislative intent; definitions.--
39	(1)(a)  It is the intent of the Legislature to use citizen
40	volunteers as members of the Florida Statewide Advocacy Council
41	and the Florida local advocacy councils, and to have volunteers
42	operate a network of councils that shall, without interference
43	by an executive agency, undertake to discover, monitor,
44	investigate, and determine the presence of conditions or
45	individuals that constitute a threat to the rights, health,
46	safety, or welfare of persons who receive services from state
47	agencies.
48	(b)  It is the further intent of the Legislature that the
49	monitoring and investigation shall safeguard the health, safety,
50	and welfare of consumers of services provided by these state
51	agencies and that the governmental oversight role of the members
52	of the Florida Statewide Advocacy Council and its local advocacy
53	councils is necessary to ensure the protection and advocacy of
54	persons in this state who receive state or federal health and
55	human services from state agencies. The Legislature further
56	finds that through the performance of vital oversight duties and
57	responsibilities by these citizen volunteers, the intent of the
58	Florida Health and Human Services Access Act is preserved.
59	(c)  It is the further intent of the Legislature that the
60	statewide and local advocacy councils shall have routine access
61	to protected health information and any other confidential
62	information of clients receiving client services. The
63	Legislature intends that the legal doctrine known as "the
64	mention of one thing is the exclusion of another" is expressly
65	renounced if another statute fails to specifically grant the
66	statewide or local advocacy council access to the confidential
67	information.
68	(2)  As used in ss. 402.164-402.167, the term:
69	(a)  "Access" means a visual inspection or the copying of
70	the hard copy or electronic version of the record maintained by
71	the state agency, facility, provider, or contractor.
72	(b)(a)  "Client" means any person who receives client
73	services, including a client as defined in s. 393.063, s.
74	394.67, s. 397.311, or s. 400.960, a forensic client or client
75	as defined in s. 916.106, a child or youth as defined in s.
76	39.01, a child as defined in s. 827.01, a family as defined in
77	s. 414.0252, a participant as defined in s. 400.551, a resident
78	as defined in s. 400.402, a Medicaid recipient or recipient as
79	defined in s. 409.901, a child receiving childcare as defined in
80	s. 402.302, a disabled adult as defined in s. 410.032 or s.
81	410.603, or a victim as defined in s. 39.01 or s. 415.102 as
82	each definition applies within its respective chapter.
83	(c)(b)  "Client services" means health and human services
84	that which are provided through any health and human service
85	program to a client by a state agency or a service provider
86	operated, funded, or contracted by the state.
87	(d)  "Council" or "statewide council" means the Florida
88	Statewide Advocacy Council.
89	(e)  "Local council" or "local advocacy council" means one
90	of the local advocacy councils located in this state, under the
91	supervision of the Florida Statewide Advocacy Council, created
92	to protect the constitutional and human rights of clients.
93	Section 2.  Section 402.165, Florida Statutes, is amended
94	to read:
95	402.165  Florida Statewide Advocacy Council; confidential
96	records and meetings.--
97	(1)  The Statewide Human Rights Advocacy Committee within
98	the Department of Children and Family Services is redesignated
99	as The Florida Statewide Advocacy Council shall be located for
100	administrative purposes as an independent state agency in the
101	Executive Office of the Governor or a state agency that is not a
102	provider of client services. Members of the council shall
103	represent the interests of clients who are served by state
104	agencies that provide client services. The Executive Office of
105	the Governor or the appropriate state agency Department of
106	Children and Family Services shall provide administrative
107	support and service to the statewide council to the extent
108	requested by the executive director within available resources.
109	The statewide council is not subject to control, supervision,
110	or direction by any state agency the Department of Children and
111	Family Services in the performance of its duties.  The council
112	shall consist of not less than 15 and not more than 20 residents
113	of this state, one from each service area designated by the
114	statewide council, who broadly represent the interests of the
115	public and the clients of the state agencies that provide client
116	services. The members shall be representative of four groups of
117	state residents as follows: a one provider who delivers client
118	services as defined in s. 402.164(2); a two nonsalaried
119	representative representatives of nonprofit agencies or civic
120	groups; a representative four representatives of consumer groups
121	which who are currently receiving, or have received, one or more
122	client services within the past 4 years, at least one of which
123	whom must be a consumer of one or more client services; and two
124	residents of the state who do not represent any of the foregoing
125	groups, but may represent a one of whom represents the health-
126	related profession or professions and one of whom represents the
127	legal profession.  In appointing the representative of the
128	health-related professions, the appointing authority shall give
129	priority of consideration to a physician licensed under chapter
130	458 or chapter 459; and, in appointing the representative of the
131	legal profession, the appointing authority shall give priority
132	of consideration to a member in good standing of The Florida
133	Bar. Of the remaining members, no more than one shall be an
134	elected official; no more than one shall be a health
135	professional; no more than one shall be a legal professional; no
136	more than one shall be a provider; no more than two shall be
137	nonsalaried representatives of nonprofit agencies or civic
138	groups; and no more than one shall be an individual whose
139	primary area of interest, experience, or expertise is a major
140	client group of a client services group that is not represented
141	on the council at the time of appointment. Except for the member
142	who is an elected public official, each member of the statewide
143	council must be given priority consideration if he or she has
144	have served as a member of a Florida local advocacy council,
145	with priority consideration given to an applicant who has served
146	a full term on a local council.  Persons related to each other
147	by consanguinity or affinity within the third degree may not
148	serve on the statewide council at the same time.
149	(2)  Members of the statewide council shall be appointed to
150	serve terms of 4 years. A member may not serve more than two
151	full consecutive terms.
152	(3)  If a member of the statewide council fails to attend
153	two-thirds of the regular council meetings during the course of
154	a year, the position held by the member may be deemed vacant by
155	the council.  The Governor shall fill the vacancy according
156	pursuant to subsection (4). If a member of the statewide council
157	violates this section or procedures adopted under this section,
158	the council may recommend to the Governor that the member be
159	removed.
160	(4)  The Governor may shall fill a each vacancy on the
161	statewide council from a list of nominees submitted by the
162	statewide council or appoint any qualified person. A list of
163	candidates may be submitted to the statewide council by the
164	local council in the service area from which the vacancy occurs.
165	Priority of consideration shall be given to the appointment of
166	an individual who is receiving one or more client services and
167	whose primary interest, experience, or expertise lies with a
168	major client group that is not represented on the council at the
169	time of the appointment.  If an appointment is not made within
170	120 60 days after a vacancy occurs on the statewide council, the
171	vacancy may be filled by a majority vote of the statewide
172	council without further action by the Governor. A person who is
173	employed by any state agency in client services may not be
174	appointed to the statewide council.
175	(5)(a)  Members of the statewide council shall receive no
176	compensation, but are entitled to be reimbursed for per diem and
177	travel expenses in accordance with s. 112.061.
178	(b)  The council shall select an executive director who
179	shall serve at the pleasure of the council and shall perform the
180	duties delegated to him or her by the council.  The compensation
181	of the executive director and staff shall be established in
182	accordance with the rules of the Selected Exempt Service.
183	(c)  The council may apply for, receive, and accept grants,
184	gifts, donations, bequests, and other payments including money
185	or property, real or personal, tangible or intangible, and
186	service from any governmental or other public or private entity
187	or person and make arrangements as to the use of same.
188	(d)  The statewide council shall annually prepare a budget
189	request that, is not to be changed by department staff after it
190	is approved by the council, but shall be submitted to the
191	Governor for transmittal to the Legislature.  The budget shall
192	include a request for funds to carry out the activities of the
193	statewide council and the local councils.
194	(6)  The members of the statewide council shall elect a
195	chair and a vice chair to terms of 2 years 1 year.  A person may
196	not serve as chair or vice chair for more than two full
197	consecutive terms.
198	(7)  The responsibilities of the statewide council include,
199	but are not limited to:
200	(a)  Serving as an independent third-party mechanism for
201	protecting the constitutional and human rights of clients within
202	programs or facilities operated, funded, or contracted by any
203	state agency that provides client services.
204	(b)  Monitoring, by site visit and through access to
205	inspection of records, the delivery and use of services,
206	programs, or facilities operated, funded, or contracted by any
207	state agency that provides client services, for the purpose of
208	preventing abuse or deprivation of the constitutional and human
209	rights of clients.  The statewide council may conduct an
210	unannounced site visit or monitoring visit that involves access
211	to the inspection of records if the visit is conditioned upon a
212	complaint.  A complaint may be generated by the council itself,
213	after consulting with the Governor's office if information from
214	any state agency that provides client services or from other
215	sources indicates a situation at the program or facility that
216	indicates possible abuse or neglect or deprivation of the
217	constitutional and human rights of clients.  The statewide
218	council shall establish and follow uniform criteria for the
219	review of information and generation of complaints. Routine
220	program monitoring and reviews that do not require an
221	examination of records may be made unannounced.
222	(c)  Receiving, investigating, and resolving reports of
223	abuse or deprivation of constitutional and human rights referred
224	to the statewide council by a local council.  If a matter
225	constitutes a threat to the life, safety, or health of clients
226	or is multiservice area multidistrict in scope, the statewide
227	council may exercise the such powers without the necessity of a
228	referral from a local council.
229	(d)  Reviewing existing programs or services and new or
230	revised programs of the state agencies that provide client
231	services and making recommendations as to how the rights of
232	clients are affected.
233	(e)  Submitting an annual report to the Legislature, no
234	later than December 30 of each calendar year, concerning
235	activities, recommendations, and complaints reviewed or
236	developed by the council during the year.
237	(f)  Conducting meetings at least six times a year at the
238	call of the chair and at other times at the call of the Governor
239	or by written request of six members of the council.
240	(g)  Developing and adopting uniform procedures to be used
241	to carry out the purpose and responsibilities of the statewide
242	council and the local councils., which procedures shall include,
243	but need not be limited to, the following:
244	1.  The responsibilities of the statewide council and the
245	local councils;
246	2.  The organization and operation of the statewide council
247	and the local councils, including procedures for replacing a
248	member, formats for maintaining records of council activities,
249	and criteria for determining what constitutes a conflict of
250	interest for purposes of assigning and conducting investigations
251	and monitoring;
252	3.  Uniform procedures for the statewide council and the
253	local councils relating to receiving and investigating reports
254	of abuse or deprivation of constitutional or human rights;
255	4.  The responsibilities and relationship of the local
256	councils to the statewide council;
257	5.  The relationship of the statewide council to the state
258	agencies that receive and investigate reports of abuse and
259	neglect of clients of state agencies, including the way in which
260	reports of findings and recommendations related to reported
261	abuse or neglect are given to the appropriate state agency that
262	provides client services;
263	6.  Provision for cooperation with the State Long-Term Care
264	Ombudsman Council;
265	7.  Procedures for appeal.  An appeal to the statewide
266	council is made by a local council when a valid complaint is not
267	resolved at the local level. The statewide council may appeal an
268	unresolved complaint to the secretary or director of the
269	appropriate state agency that provides client services. If,
270	after exhausting all remedies, the statewide council is not
271	satisfied that the complaint can be resolved within the state
272	agency, the appeal may be referred to the Governor;
273	8.  Uniform procedures for gaining access to and
274	maintaining confidential information; and
275	9.  Definitions of misfeasance and malfeasance for members
276	of the statewide council and local councils.
277	(h)  Supervising the operations of the local councils and
278	monitoring the performance and activities of all local councils
279	and providing technical assistance to members and staff of local
280	councils.
281	(i)  Providing for the development and presentation of a
282	standardized training program for members of local councils.
283	(j)  Developing and maintaining interprogram agreements or
284	operational procedures between the council and the appropriate
285	departmental programs, the Medicaid Fraud Control Unit of the
286	Attorney General's Office, the Governor's Inspector General, and
287	other agencies to ensure coordination, communication, and
288	cooperation during the monitoring and investigation of the
289	health, safety, and welfare of state clients. The interprogram
290	agreements or operational procedures must incorporate the
291	appropriate roles and responsibilities of the statewide council
292	when identifying and responding to reports regarding the health,
293	safety, and welfare of state clients.
294	(8)(a)  In the performance of its duties, the statewide
295	council shall have:
296	1.  Authority to receive, investigate, seek to conciliate,
297	hold hearings on, in accordance with chapter 120, including
298	issuing declaratory statements, and act on complaints that
299	constitute a threat to the rights, health, safety, or welfare
300	allege any abuse or deprivation of constitutional or human
301	rights of persons who receive client services from any state
302	agency. The statewide council shall adopt rules for receiving,
303	investigating, seeking to conciliate, holding hearings on, and
304	acting on complaints.
305	2.  Access to all client records, files, and reports from
306	any program, service, or facility that is operated, funded, or
307	contracted by any state agency that provides client services and
308	any records that are material to its investigation and are in
309	the custody of any other agency or department of government.
310	The council's investigation or monitoring shall not impede or
311	obstruct matters under investigation by law enforcement agencies
312	or judicial authorities.  Access shall not be granted if a
313	specific procedure or prohibition for reviewing records is
314	required by federal law and regulation that supersedes state
315	law. Access shall not be granted to the records of a private
316	licensed practitioner who is providing services outside the
317	state agency, or outside a state facility, and whose client is
318	competent and refuses disclosure.
319	3.  Standing to seek injunctive relief in petition the
320	circuit court against service or contract providers for denial
321	of access to client records or program or services records to
322	members of the council or to a local advocacy council that are
323	confidential as specified by law. The petition shall state the
324	specific reasons for which the council is seeking access and the
325	intended use of such information. The circuit court may impose a
326	civil fine of up to $15,000 against any person who unlawfully
327	withheld a client, program, or services record or otherwise
328	denied access to any record requested by the council or a local
329	advocacy council and may authorize council access to the such
330	records upon a finding that such access is directly related to
331	an investigation regarding the possible deprivation of
332	constitutional or human rights or the abuse of a client.
333	Original client files, agency records, and reports may shall not
334	be removed from a state agency, but copies shall be provided to
335	the council and the local councils at the agency's expense.
336	Under no circumstance shall the council have access to
337	confidential adoption records once the adoption is finalized by
338	a court in accordance with ss. 39.0132, 63.022, and 63.162.
339	Upon completion of a general investigation of practices and
340	procedures of a state agency, the statewide council shall report
341	its findings to that agency.
342	(b)  All information obtained or produced by the statewide
343	council that is made confidential by law, that relates to the
344	identity of any client or group of clients subject to the
345	protections of this section, or that relates to the identity of
346	an individual who provides information to the council about
347	abuse or about alleged violations of constitutional or human
348	rights, is confidential and exempt from s. 119.07(1) and s.
349	24(a), Art. I of the State Constitution.
350	(c)  Portions of meetings of the statewide council that
351	relate to the identity of any client or group of clients subject
352	to the protections of this section, that relate to the identity
353	of an individual who provides information to the council about
354	abuse or about alleged violations of constitutional or human
355	rights, or wherein testimony is provided relating to records
356	otherwise made confidential by law, are exempt from s. 286.011
357	and s. 24(b), Art. I of the State Constitution.
358	(d)  All records prepared by members of the statewide
359	council that reflect a mental impression, investigative
360	strategy, or theory are exempt from s. 119.07(1) and s. 24(a),
361	Art. I of the State Constitution until the investigation is
362	completed or until the investigation ceases to be active. For
363	purposes of this section, an investigation is considered
364	"active" while the such investigation is being conducted by the
365	statewide council with a reasonable, good faith belief that it
366	may lead to a finding of abuse or of a violation of human
367	rights.  An investigation does not cease to be active so long as
368	the statewide council is proceeding with reasonable dispatch and
369	there is a good faith belief that action may be initiated by the
370	council or other administrative or law enforcement agency.
371	(e)  Any person who knowingly and willfully discloses any
372	such confidential information commits a misdemeanor of the
373	second degree, punishable as provided in s. 775.082 or s.
374	775.083.
375	Section 3.  Section 402.166, Florida Statutes, is amended
376	to read:
377	402.166  Florida local advocacy councils; confidential
378	records and meetings.--
379	(1)  Each district human rights advocacy committee within
380	each district service area of the Department of Children and
381	Family Services is redesignated as the Florida Local Advocacy
382	Council. The local councils are subject to direction from and
383	the supervision of the statewide council. The statewide council
384	Department of Children and Family Services shall assign staff to
385	provide administrative support to the local councils, and staff
386	assigned to these positions shall perform the functions required
387	by the local councils without interference from the department.
388	The local councils shall direct the activities of staff assigned
389	to them to the extent necessary for the local councils to carry
390	out their duties. The number and areas of responsibility of the
391	local councils, not to exceed 46 councils statewide, shall be
392	determined by the statewide council and shall be consistent with
393	judicial circuit boundaries. Local councils shall meet at
394	facilities under their jurisdiction whenever possible.
395	(2)  Each local council shall have no fewer than 7 members
396	and no more than 15 members, no more than 4 of whom are or have
397	been recipients of one or more client services within the last 4
398	years, except that one member of this group may be an immediate
399	relative or legal representative of a current or former client;
400	two providers who deliver client services as defined in s.
401	402.164(2); and two representatives of professional
402	organizations, one of whom represents the health-related
403	professions and one of whom represents the legal profession.
404	Priority of consideration shall be given to the appointment of
405	at least one medical or osteopathic physician, as defined in
406	chapters 458 and 459, and one member in good standing of The
407	Florida Bar. Priority of consideration shall also be given to
408	the appointment of an individual who is receiving client
409	services and whose primary interest, experience, or expertise
410	lies with a major client group not represented on the local
411	council at the time of the appointment.  A person who is
412	employed in client services by any state agency may not be
413	appointed to the local council. No more than three individuals
414	who are providing contracted services for clients to any state
415	agency may serve on the same local council at the same time.
416	Persons related to each other by consanguinity or affinity
417	within the third degree may not serve on the same local council
418	at the same time. All members of local councils must
419	successfully complete a standardized training course for local
420	council members within 3 months after their appointment to a
421	local council.  A member may not be assigned to an investigation
422	that requires access to confidential information prior to the
423	completion of the training course.  After he or she completes
424	the required training course, a member of a local council may
425	not be prevented from participating in any activity of that
426	local council, including investigations and monitoring, except
427	due to a conflict of interest as described in the procedures
428	established by the statewide council under pursuant to
429	subsection (7).
430	(3)(a)  With respect to existing local councils, each
431	member shall serve a term of 4 years.  Upon expiration of a term
432	and in the case of any other vacancy, the local council shall
433	appoint a replacement by majority vote of the local council,
434	subject to the approval of the Governor.  A member may serve no
435	more than two full consecutive terms.
436	(b)1.  The Governor shall appoint the first four members of
437	any newly created local council; and those four members shall
438	select the remaining members, subject to approval of the
439	Governor.  If any of the first four members are not appointed
440	within 60 days after a request is submitted to the Governor,
441	those members may be appointed by a majority vote of the
442	statewide council without further action by the Governor.
443	2.  Members shall serve for no more than two full
444	consecutive terms of 4 years, except that at the time of initial
445	appointment, terms shall be staggered so that approximately one-
446	half of the members first appointed shall serve for terms of 4
447	years and the remaining members shall serve for terms of 2
448	years.  Vacancies shall be filled as provided in subparagraph 1.
449	(c)  If no action is taken by the Governor to approve or
450	disapprove a replacement of a member under pursuant to this
451	subsection within 30 days after the local council has notified
452	the Governor of the appointment, then the appointment of the
453	replacement may be considered approved by the statewide council.
454	(4)  Each local council shall elect a chair and a vice
455	chair for a term of 1 year. A person may not serve as chair or
456	vice chair for more than two consecutive terms.  The chair's and
457	vice chair's terms expire on September 30 of each year.
458	(5)  If a local council member fails to attend two-thirds
459	of the regular local council meetings during the course of a
460	year, the local council may replace the member.  If a member of
461	a local council violates this section or procedures adopted
462	under this section, the local council may recommend to the
463	Governor that the member be removed.
464	(6)  A member of a local council shall receive no
465	compensation but is entitled to be reimbursed for per diem and
466	travel expenses as provided in s. 112.061.  Members may be
467	provided reimbursement for long-distance telephone calls if the
468	such calls were necessary to an investigation of an abuse or
469	deprivation of constitutional or human rights.
470	(7)  A local council shall first seek to resolve a
471	complaint with the appropriate local administration, agency, or
472	program; any matter not resolved by the local council shall be
473	referred to the statewide council. A local council shall comply
474	with appeal procedures established by the statewide council.
475	The duties, actions, and procedures of both new and existing
476	local councils shall conform to ss. 402.164-402.167.  The duties
477	of each local council shall include, but are not limited to:
478	(a)  Serving as an independent third-party mechanism for
479	protecting the constitutional and human rights of any client
480	within a program or facility operated, funded, or contracted by
481	a state agency providing client services in the local service
482	area.
483	(b)  Monitoring by site visit and access to and copying
484	inspection of records the delivery and use of services,
485	programs, or facilities operated, funded, or contracted by a
486	state agency that provides client services, for the purpose of
487	preventing abuse or deprivation of the constitutional and human
488	rights of clients.  A local council may conduct an unannounced
489	site visit or monitoring visit that involves access to the
490	inspection of records if the visit is conditioned upon a
491	complaint.  A complaint may be generated by the council itself
492	if information from a state agency that provides client services
493	or from other sources indicates a situation at the program or
494	facility that indicates possible abuse or neglect or deprivation
495	of constitutional and human rights of clients.  The local
496	council shall follow uniform criteria established by the
497	statewide council for the review of information and generation
498	of complaints.  Routine program monitoring and reviews that do
499	not require an examination of records may be made unannounced.
500	(c)  Receiving, investigating, and resolving reports of
501	abuse or deprivation of constitutional and human rights in the
502	local service area.
503	(d)  Reviewing and making recommendations regarding how a
504	client's constitutional or human rights might be affected by the
505	client's participation in a proposed research project, prior to
506	implementation of the project.
507	(e)  Reviewing existing programs and proposed new or
508	revised programs of client services and making recommendations
509	as to how these programs and services affect or might affect the
510	constitutional or human rights of clients.
511	(e)(f)  Appealing to the statewide council any complaint
512	unresolved at the local level.  Any matter that constitutes a
513	threat to the life, safety, or health of a client or is
514	multidistrict in scope shall automatically be referred to the
515	statewide council.
516	(f)(g)  Submitting an annual report by September 30 to the
517	statewide council concerning activities, recommendations, and
518	complaints reviewed or developed by the local council during the
519	year.
520	(g)(h)  Conducting meetings at least six times a year at
521	the call of the chair and at other times at the call of the
522	Governor, at the call of the statewide council, or by written
523	request of a majority of the members of the local council.
524	(8)(a)  In the performance of its duties, a local council
525	shall have the same authority to access client records, state
526	agency files, reports from any program or service, records of
527	contractors and providers, and records from any facility
528	operated, funded, or under contract with a state agency as
529	specified in s. 402.165(8)(a).:
530	1.  Access to all client records, files, and reports from
531	any program, service, or facility that is operated, funded, or
532	contracted by any state agency that provides client services and
533	any records that are material to its investigation and are in
534	the custody of any other agency or department of government.
535	The council's investigation or monitoring shall not impede or
536	obstruct matters under investigation by law enforcement agencies
537	or judicial authorities. Access shall not be granted if a
538	specific procedure or prohibition for reviewing records is
539	required by federal law and regulation that supersedes state
540	law.  Access shall not be granted to the records of a private
541	licensed practitioner who is providing services outside state
542	agencies and facilities and whose client is competent and
543	refuses disclosure.
544	2.  Standing to petition the circuit court for access to
545	client records that are confidential as specified by law.  The
546	petition shall state the specific reasons for which the council
547	is seeking access and the intended use of such information.  The
548	court may authorize access to such records upon a finding that
549	such access is directly related to an investigation regarding
550	the possible deprivation of constitutional or human rights or
551	the abuse of a client.  Original client files, records, and
552	reports shall not be removed from a state agency.  Upon no
553	circumstances shall the council have access to confidential
554	adoption records once the adoption is finalized in court in
555	accordance with ss. 39.0132, 63.022, and 63.162. Upon completion
556	of a general investigation of practices and procedures followed
557	by a state agency in providing client services, the council
558	shall report its findings to the appropriate state agency.
559	(b)  All information obtained or produced by a local
560	council that is made confidential by law, that relates to the
561	identity of any client or group of clients subject to the
562	protection of this section, or that relates to the identity of
563	an individual who provides information to the local council
564	about abuse or about alleged violations of constitutional or
565	human rights, is confidential and exempt from s. 119.07(1) and
566	s. 24(a), Art. I of the State Constitution.
567	(c)  Portions of meetings of a local council that relate to
568	the identity of any client or group of clients subject to the
569	protections of this section, that relate to the identity of an
570	individual who provides information to the local council about
571	abuse or about alleged violations of constitutional or human
572	rights, or when wherein testimony is provided relating to
573	records otherwise made confidential by law, are exempt from s.
574	286.011 and s. 24(b), Art. I of the State Constitution.
575	(d)  All records prepared by members of a local council
576	that reflect a mental impression, investigative strategy, or
577	theory are exempt from s. 119.07(1) and s. 24(a), Art. I of the
578	State Constitution until the investigation is completed or until
579	the investigation ceases to be active. For purposes of this
580	section, an investigation is considered "active" while the such
581	investigation is being conducted by a local council with a
582	reasonable, good faith belief that it may lead to a finding of
583	abuse or of a violation of constitutional or human rights.  An
584	investigation does not cease to be active so long as the local
585	council is proceeding with reasonable dispatch and there is a
586	good faith belief that action may be initiated by the local
587	council or other administrative or law enforcement agency.
588	(e)  Any person who knowingly and willfully discloses any
589	such confidential information commits a misdemeanor of the
590	second degree, punishable as provided in s. 775.082 or s.
591	775.083.
592	Section 4.  Section 402.167, Florida Statutes, is amended
593	to read:
594	402.167  Duties of state agencies that provide client
595	services relating to the Florida Statewide Advocacy Council and
596	the Florida local advocacy councils.--
597	(1)  Each state agency that provides client services shall
598	adopt rules that are consistent with law, amended to reflect any
599	statutory changes, and that address at least the following:
600	(a)  Procedures by which staff of state agencies refer
601	reports of abuse of clients to the Florida local advocacy
602	councils.
603	(b)  Procedures by which client information is made
604	available to members of the Florida Statewide Advocacy Council
605	and the Florida local advocacy councils.
606	(c)  Procedures by which recommendations made by the
607	statewide and local councils will be incorporated into policies
608	and procedures of the state agencies.
609	(2)  The Department of Children and Family Services shall
610	provide for the location of local councils in area offices and
611	shall provide necessary equipment and office supplies,
612	including, but not limited to, clerical and word processing
613	services, photocopiers, telephone services, and stationery and
614	other necessary supplies, and shall establish the procedures by
615	which council members are reimbursed for authorized
616	expenditures.
617	(1)(3)  The secretaries or directors of the state agencies
618	shall ensure the full cooperation and assistance of employees of
619	their respective state agencies with members and staff of the
620	statewide and local councils. The secretary or director of each
621	state agency providing client services shall notify all
622	contract, service, and treatment providers of the powers,
623	duties, responsibilities, and access-to-information rights
624	delegated by law to the statewide and local councils. Further,
625	the Secretary of Children and Family Services shall ensure that,
626	to the extent possible, staff assigned to the statewide council
627	and local councils are free of interference from or control by
628	the department in performing their duties relative to those
629	councils.
630	(2)  The secretary or director of each state agency
631	providing client services shall amend any state plan filed with
632	a federal agency which provides funding for client services to
633	reflect that the activities of the statewide council and local
634	advocacy councils are part of the administration of the
635	respective federal program and are incorporated into the state
636	plan.
637	Section 5.  The local advocacy councils, all staff
638	positions assigned to the local councils, and the council's
639	toll-free complaint line are transferred by a type two transfer,
640	under s. 20.06, Florida Statutes, from the Department of
641	Children and Family Services to the Florida Statewide Advocacy
642	Council. On January 1, 2005, the number of full-time equivalent
643	staff positions transferred shall be equal to the number
644	assigned to the local advocacy councils on July 1, 2003, and may
645	not be less than 15 full-time equivalent employees.
646	Section 6.  This act shall take effect July 1, 2004.

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