HB 1703

CS

CHAMBER ACTION

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

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