SENATE AMENDMENT
    Bill No. CS for SB 2674
    Amendment No. ___   Barcode 033684
                            CHAMBER ACTION
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11  Senator Wise moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 2, line 2, through
15            page 20, line 19, delete those lines
16  
17  and insert:  
18         (a)  "Access" means a visual inspection or the copying
19  of the records maintained by the state agency, facility,
20  provider, or contractor.
21         (b)(a)  "Client" means a client as defined in s.
22  393.063, s. 394.67, s. 397.311, or s. 400.960, a forensic
23  client or client as defined in s. 916.106, a child or youth as
24  defined in s. 39.01, a child as defined in s. 827.01, a family
25  as defined in s. 414.0252, a participant as defined in s.
26  400.551, a resident as defined in s. 400.402, a Medicaid
27  recipient or recipient as defined in s. 409.901, a child
28  receiving childcare as defined in s. 402.302, a disabled adult
29  as defined in s. 410.032 or s. 410.603, or a victim as defined
30  in s. 39.01 or s. 415.102 as each definition applies within
31  its respective chapter.
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SENATE AMENDMENT Bill No. CS for SB 2674 Amendment No. ___ Barcode 033684 1 (c)(b) "Client services" means services which are 2 provided to a client by a state agency or a service provider 3 operated, funded, or contracted by the state. 4 (d) "Council" or "statewide council" means the Florida 5 Statewide Advocacy Council. 6 (e) "Local council" or "local advocacy council" means 7 one of the local advocacy councils located in this state, 8 under the supervision of the Florida Statewide Advocacy 9 Council. 10 Section 2. Section 402.165, Florida Statutes, is 11 amended to read: 12 402.165 Florida Statewide Advocacy Council; 13 confidential records and meetings.-- 14 (1) The Statewide Human Rights Advocacy Committee 15 within the Department of Children and Family Services is 16 redesignated as The Florida Statewide Advocacy Council shall 17 be located in the Executive Office of the Governor, but may be 18 assigned by the Governor for administrative support purposes 19 to any Governor's agency. Members of the council shall 20 represent the interests of clients who are served by state 21 agencies that provide client services. The Department of 22 Children and Family Services shall provide administrative 23 support and service to the statewide council to the extent 24 requested by the executive director within available 25 resources. The statewide council is not subject to control, 26 supervision, or direction by any state agency providing client 27 services the Department of Children and Family Services in the 28 performance of its duties. The council shall consist of not 29 less than 15 and not more than 20 residents of this state, one 30 from each service area designated by the statewide council, 31 who broadly represent the interests of the public and the 2 2:03 PM 04/24/04 s2674c1c-05t05
SENATE AMENDMENT Bill No. CS for SB 2674 Amendment No. ___ Barcode 033684 1 clients of the state agencies that provide client services. 2 The members shall be representative of four groups of state 3 residents as follows: a one provider who delivers client 4 services as defined in s. 402.164(2); a two nonsalaried 5 representative representatives of nonprofit agencies or civic 6 groups; a representative four representatives of consumer 7 groups who is are currently receiving, or has have received, 8 one or more client services within the past 4 years, at least 9 one of whom must be a consumer of one or more client services; 10 and two residents of the state who do not represent any of the 11 foregoing groups, but may represent a one of whom represents 12 the health-related profession or professions and one of whom 13 represents the legal profession. In appointing the 14 representative of the health-related professions, the 15 appointing authority shall give priority of consideration to a 16 physician licensed under chapter 458 or chapter 459; and, in 17 appointing the representative of the legal profession, the 18 appointing authority shall give priority of consideration to a 19 member in good standing of The Florida Bar. Of the remaining 20 members, no more than one shall be an elected official; no 21 more than one shall be a health professional; no more than one 22 shall be a legal professional; no more than one shall be a 23 provider; no more than two shall be nonsalaried 24 representatives of nonprofit agencies or civic groups; and no 25 more than one shall be an individual whose primary area of 26 interest, experience, or expertise is a major client group of 27 a client services group that is not represented on the council 28 at the time of appointment. Except for the member who is an 29 elected public official, each member of the statewide council 30 must be given priority consideration if he or she has have 31 served as a member of a local Florida advocacy council, with 3 2:03 PM 04/24/04 s2674c1c-05t05
SENATE AMENDMENT Bill No. CS for SB 2674 Amendment No. ___ Barcode 033684 1 priority consideration given to an applicant who has served a 2 full term on a local council. Persons related to each other 3 by consanguinity or affinity within the third degree may not 4 serve on the statewide council at the same time. 5 (2) Members of the statewide council shall be 6 appointed to serve terms of 4 years. A member may not serve 7 more than two full consecutive terms. 8 (3) If a member of the statewide council fails to 9 attend two-thirds of the regular council meetings during the 10 course of a year, the position held by the member may be 11 deemed vacant by the council. The Governor shall fill the 12 vacancy according pursuant to subsection (4). If a member of 13 the statewide council violates this section or procedures 14 adopted under this section, the council may recommend to the 15 Governor that the member be removed. 16 (4) The Governor may shall fill a each vacancy on the 17 statewide council from a list of nominees submitted by the 18 statewide council or appoint any qualified person. A list of 19 candidates may be submitted to the statewide council by the 20 local council in the service area from which the vacancy 21 occurs. Priority of consideration shall be given to the 22 appointment of an individual who is receiving one or more 23 client services and whose primary interest, experience, or 24 expertise lies with a major client group that is not 25 represented on the council at the time of the appointment. If 26 an appointment is not made within 60 days after a vacancy 27 occurs on the statewide council, the vacancy may be filled by 28 a majority vote of the statewide council without further 29 action by the Governor. A person who is employed by any state 30 agency in client services may not be appointed to the 31 statewide council. 4 2:03 PM 04/24/04 s2674c1c-05t05
SENATE AMENDMENT Bill No. CS for SB 2674 Amendment No. ___ Barcode 033684 1 (5)(a) Members of the statewide council shall receive 2 no compensation, but are entitled to be reimbursed for per 3 diem and travel expenses in accordance with s. 112.061. 4 (b) The Governor council shall select an executive 5 director who shall serve at the pleasure of the Governor 6 council and shall perform the duties delegated to him or her 7 by the council. The compensation of the executive director 8 and staff shall be established in accordance with the rules of 9 the Selected Exempt Service. 10 (c) The council may apply for, receive, and accept 11 grants, gifts, donations, bequests, and other payments 12 including money or property, real or personal, tangible or 13 intangible, and service from any governmental or other public 14 or private entity or person and make arrangements as to the 15 use of same. 16 (d) The statewide council shall annually prepare a 17 budget request that, is not to be changed by department staff 18 after it is approved by the council, but shall be submitted to 19 the Governor for transmittal to the Legislature. The budget 20 shall include a request for funds to carry out the activities 21 of the statewide council and the local councils. 22 (6) The members of the statewide council shall elect a 23 chair and a vice chair to terms of 1 year. A person may not 24 serve as chair or vice chair for more than two full 25 consecutive terms. 26 (7) The responsibilities of the statewide council 27 include, but are not limited to: 28 (a) Serving as an independent third-party mechanism 29 for protecting the constitutional and human rights of clients 30 within programs or facilities operated, funded, or contracted 31 by any state agency that provides client services. 5 2:03 PM 04/24/04 s2674c1c-05t05
SENATE AMENDMENT Bill No. CS for SB 2674 Amendment No. ___ Barcode 033684 1 (b) Monitoring, by site visit and through access to 2 inspection of records the delivery and use of services, 3 programs, or facilities operated, funded, or contracted by any 4 state agency that provides client services, for the purpose of 5 preventing abuse or deprivation of the constitutional and 6 human rights of clients. The statewide council may conduct an 7 unannounced site visit or monitoring visit that involves the 8 inspection of records if the visit is conditioned upon a 9 complaint. A complaint may be generated by the council 10 itself, after consulting with the Governor's office, if 11 information from any state agency that provides client 12 services or from other sources indicates a situation at the 13 program or facility that indicates possible abuse or neglect 14 or deprivation of the constitutional and human rights of 15 clients. The statewide council shall establish and follow 16 uniform criteria for the review of information and generation 17 of complaints. Routine program monitoring and reviews that do 18 not require an examination of records may be made unannounced. 19 (c) Receiving, investigating, and resolving reports of 20 abuse or deprivation of constitutional and human rights 21 referred to the statewide council by a local council. If a 22 matter constitutes a threat to the life, safety, or health of 23 clients or is multiservice-area multidistrict in scope, the 24 statewide council may exercise its such powers without the 25 necessity of a referral from a local council. 26 (d) Reviewing existing programs or services and new or 27 revised programs of the state agencies that provide client 28 services and making recommendations as to how the rights of 29 clients are affected. 30 (e) Submitting an annual report to the Legislature, no 31 later than December 30 of each calendar year, concerning 6 2:03 PM 04/24/04 s2674c1c-05t05
SENATE AMENDMENT Bill No. CS for SB 2674 Amendment No. ___ Barcode 033684 1 activities, recommendations, and complaints reviewed or 2 developed by the council during the year. 3 (f) Conducting meetings at least six times a year at 4 the call of the chair and at other times at the call of the 5 Governor or by written request of six members of the council. 6 (g) Developing and adopting uniform procedures to be 7 used to carry out the purpose and responsibilities of the 8 statewide council and the local councils, which procedures 9 shall include, but need not be limited to, the following: 10 1. The responsibilities of the statewide council and 11 the local councils; 12 2. The organization and operation of the statewide 13 council and the local councils, including procedures for 14 replacing a member, formats for maintaining records of council 15 activities, and criteria for determining what constitutes a 16 conflict of interest for purposes of assigning and conducting 17 investigations and monitoring; 18 3. Uniform procedures for the statewide council and 19 the local councils relating to receiving and investigating 20 reports of abuse or deprivation of constitutional or human 21 rights; 22 4. The responsibilities and relationship of the local 23 councils to the statewide council; 24 5. The relationship of the statewide council to the 25 state agencies that receive and investigate reports of abuse 26 and neglect of clients of state agencies, including the way in 27 which reports of findings and recommendations related to 28 reported abuse or neglect are given to the appropriate state 29 agency that provides client services; 30 6. Provision for cooperation with the State Long-Term 31 Care Ombudsman Council; 7 2:03 PM 04/24/04 s2674c1c-05t05
SENATE AMENDMENT Bill No. CS for SB 2674 Amendment No. ___ Barcode 033684 1 7. Procedures for appeal. An appeal to the statewide 2 council is made by a local council when a valid complaint is 3 not resolved at the local level. The statewide council may 4 appeal an unresolved complaint to the secretary or director of 5 the appropriate state agency that provides client services. 6 If, after exhausting all remedies, the statewide council is 7 not satisfied that the complaint can be resolved within the 8 state agency, the appeal may be referred to the Governor; 9 8. Uniform procedures for gaining access to and 10 maintaining confidential information; and 11 9. Definitions of misfeasance and malfeasance for 12 members of the statewide council and local councils. 13 (h) Supervising the operations of the local councils 14 and monitoring the performance and activities of all local 15 councils and providing technical assistance to members and 16 staff of local councils. 17 (i) Providing for the development and presentation of 18 a standardized training program for members of local councils. 19 (j) Developing and maintaining interagency agreements 20 between the council and the state agencies providing client 21 services. The interagency agreements shall address the 22 coordination of efforts and identify the roles and 23 responsibilities of the statewide and local councils and each 24 agency in fulfillment of their responsibilities, including 25 access to records. 26 (8)(a) In the performance of its duties, the statewide 27 council shall have: 28 1. Authority to receive, investigate, seek to 29 conciliate, hold hearings on, and act on complaints that 30 allege any abuse or deprivation of constitutional or human 31 rights of persons who receive client services from any state 8 2:03 PM 04/24/04 s2674c1c-05t05
SENATE AMENDMENT Bill No. CS for SB 2674 Amendment No. ___ Barcode 033684 1 agency. 2 2. Access to all client records, files, and reports 3 from any program, service, or facility that is operated, 4 funded, or contracted by any state agency that provides client 5 services and any records that are material to its 6 investigation and are in the custody of any other agency or 7 department of government. The council's investigation or 8 monitoring shall not impede or obstruct matters under 9 investigation by law enforcement agencies or judicial 10 authorities. 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 petition the circuit court for access 18 to client records that are confidential as specified by law. 19 The petition shall state the specific reasons for which the 20 council is seeking access and the intended use of such 21 information. The circuit court may authorize council access 22 to the such records upon a finding that such access is 23 directly related to an investigation regarding the possible 24 deprivation of constitutional or human rights or the abuse of 25 a client. Original client files, agency records, and reports 26 may shall not be removed from a state agency, but copies must 27 be provided to the council and the local councils at the 28 agency's expense. Under no circumstance shall the council 29 have access to confidential adoption records once the adoption 30 is finalized by a court in accordance with ss. 39.0132, 31 63.022, and 63.162. Upon completion of a general 9 2:03 PM 04/24/04 s2674c1c-05t05
SENATE AMENDMENT Bill No. CS for SB 2674 Amendment No. ___ Barcode 033684 1 investigation of practices and procedures of a state agency, 2 the statewide council shall report its findings to that 3 agency. 4 (b) All information obtained or produced by the 5 statewide council that is made confidential by law, that 6 relates to the identity of any client or group of clients 7 subject to the protections of this section, or that relates to 8 the identity of an individual who provides information to the 9 council about abuse or about alleged violations of 10 constitutional or human rights, is confidential and exempt 11 from s. 119.07(1) and s. 24(a), Art. I of the State 12 Constitution. 13 (c) Portions of meetings of the statewide council that 14 relate to the identity of any client or group of clients 15 subject to the protections of this section, that relate to the 16 identity of an individual who provides information to the 17 council about abuse or about alleged violations of 18 constitutional or human rights, or wherein testimony is 19 provided relating to records otherwise made confidential by 20 law, are exempt from s. 286.011 and s. 24(b), Art. I of the 21 State Constitution. 22 (d) All records prepared by members of the statewide 23 council that reflect a mental impression, investigative 24 strategy, or theory are exempt from s. 119.07(1) and s. 24(a), 25 Art. I of the State Constitution until the investigation is 26 completed or until the investigation ceases to be active. For 27 purposes of this section, an investigation is considered 28 "active" while the such investigation is being conducted by 29 the statewide council with a reasonable, good faith belief 30 that it may lead to a finding of abuse or of a violation of 31 human rights. An investigation does not cease to be active so 10 2:03 PM 04/24/04 s2674c1c-05t05
SENATE AMENDMENT Bill No. CS for SB 2674 Amendment No. ___ Barcode 033684 1 long as the statewide council is proceeding with reasonable 2 dispatch and there is a good faith belief that action may be 3 initiated by the council or other administrative or law 4 enforcement agency. 5 (e) Any person who knowingly and willfully discloses 6 any such confidential information commits a misdemeanor of the 7 second degree, punishable as provided in s. 775.082 or s. 8 775.083. 9 Section 3. Section 402.166, Florida Statutes, is 10 amended to read: 11 402.166 Florida local advocacy councils; confidential 12 records and meetings.-- 13 (1) Each district human rights advocacy committee 14 within each service area of the Department of Children and 15 Family Services is redesignated as the Florida Local Advocacy 16 Council. The local councils are subject to direction from and 17 the supervision of the statewide council. The statewide 18 council Department of Children and Family Services shall 19 assign staff to provide administrative support to the local 20 councils, and staff assigned to these positions shall perform 21 the functions required by the local councils without 22 interference from the department. The local councils shall 23 direct the activities of staff assigned to them to the extent 24 necessary for the local councils to carry out their duties. 25 The number and areas of responsibility of the local councils, 26 not to exceed 46 councils statewide, shall be determined by 27 the statewide council and shall be consistent with judicial 28 circuit boundaries. Local councils shall meet at facilities 29 under their jurisdiction whenever possible. 30 (2) Each local council shall have no fewer than 7 31 members and no more than 15 members, no more than 4 of whom 11 2:03 PM 04/24/04 s2674c1c-05t05
SENATE AMENDMENT Bill No. CS for SB 2674 Amendment No. ___ Barcode 033684 1 are or have been recipients of one or more client services 2 within the last 4 years, except that one member of this group 3 may be an immediate relative or legal representative of a 4 current or former client; two providers who deliver client 5 services as defined in s. 402.164(2); and two representatives 6 of professional organizations, one of whom represents the 7 health-related professions and one of whom represents the 8 legal profession. Priority of consideration shall be given to 9 the appointment of at least one medical or osteopathic 10 physician, as defined in chapters 458 and 459, and one member 11 in good standing of The Florida Bar. Priority of consideration 12 shall also be given to the appointment of an individual who is 13 receiving client services and whose primary interest, 14 experience, or expertise lies with a major client group not 15 represented on the local council at the time of the 16 appointment. A person who is employed in client services by 17 any state agency may not be appointed to the local council. No 18 more than three individuals who are providing contracted 19 services for clients to any state agency may serve on the same 20 local council at the same time. Persons related to each other 21 by consanguinity or affinity within the third degree may not 22 serve on the same local council at the same time. All members 23 of local councils must successfully complete a standardized 24 training course for council members within 3 months after 25 their appointment to a local council. A member may not be 26 assigned to an investigation that requires access to 27 confidential information prior to the completion of the 28 training course. After he or she completes the required 29 training course, a member of a local council may not be 30 prevented from participating in any activity of that local 31 council, including investigations and monitoring, except due 12 2:03 PM 04/24/04 s2674c1c-05t05
SENATE AMENDMENT Bill No. CS for SB 2674 Amendment No. ___ Barcode 033684 1 to a conflict of interest as described in the procedures 2 established by the statewide council under pursuant to 3 subsection (7). 4 (3)(a) With respect to existing local councils, each 5 member shall serve a term of 4 years. Upon expiration of a 6 term and in the case of any other vacancy, the local council 7 shall appoint a replacement by majority vote of the local 8 council, subject to the approval of the Governor. A member 9 may serve no more than two full consecutive terms. 10 (b)1. The Governor shall appoint the first four 11 members of any newly created local council; and those four 12 members shall select the remaining members, subject to 13 approval of the Governor. If any of the first four members 14 are not appointed within 60 days after a request is submitted 15 to the Governor, those members may be appointed by a majority 16 vote of the statewide council without further action by the 17 Governor. 18 2. Members shall serve for no more than two full 19 consecutive terms of 4 years, except that at the time of 20 initial appointment, terms shall be staggered so that 21 approximately one-half of the members first appointed shall 22 serve for terms of 4 years and the remaining members shall 23 serve for terms of 2 years. Vacancies shall be filled as 24 provided in subparagraph 1. 25 (c) If no action is taken by the Governor to approve 26 or disapprove a replacement of a member under pursuant to this 27 subsection within 60 30 days after the local council has 28 notified the Governor of the appointment, then the appointment 29 of the replacement may be considered approved by the Governor 30 statewide council. 31 (4) Each local council shall elect a chair and a vice 13 2:03 PM 04/24/04 s2674c1c-05t05
SENATE AMENDMENT Bill No. CS for SB 2674 Amendment No. ___ Barcode 033684 1 chair for a term of 1 year. A person may not serve as chair or 2 vice chair for more than two consecutive terms. The chair's 3 and vice chair's terms expire on September 30 of each year. 4 (5) If a local council member fails to attend 5 two-thirds of the regular local council meetings during the 6 course of a year, the local council may replace the member. 7 If a member of a local council violates this section or 8 procedures adopted under this section, the local council may 9 recommend to the Governor that the member be removed. 10 (6) A member of a local council shall receive no 11 compensation but is entitled to be reimbursed for per diem and 12 travel expenses as provided in s. 112.061. Members may be 13 provided reimbursement for long-distance telephone calls if 14 the such calls were necessary to an investigation of an abuse 15 or deprivation of constitutional or human rights. 16 (7) A local council shall first seek to resolve a 17 complaint with the appropriate local administration, agency, 18 or program; any matter not resolved by the local council shall 19 be referred to the statewide council. A local council shall 20 comply with appeal procedures established by the statewide 21 council. The duties, actions, and procedures of both new and 22 existing local councils shall conform to ss. 402.164-402.167. 23 The duties of each local council shall include, but are not 24 limited to: 25 (a) Serving as an independent third-party mechanism 26 for protecting the constitutional and human rights of any 27 client within a program or facility operated, funded, or 28 contracted by a state agency providing client services in the 29 local services area. 30 (b) Monitoring by site visit and access to inspection 31 of records the delivery and use of services, programs, or 14 2:03 PM 04/24/04 s2674c1c-05t05
SENATE AMENDMENT Bill No. CS for SB 2674 Amendment No. ___ Barcode 033684 1 facilities operated, funded, or contracted by a state agency 2 that provides client services, for the purpose of preventing 3 abuse or deprivation of the constitutional and human rights of 4 clients. A local council may conduct an unannounced site 5 visit or monitoring visit that involves access to the 6 inspection of records if the visit is conditioned upon a 7 complaint. A complaint may be generated by the council itself 8 if information from a state agency that provides client 9 services or from other sources indicates a situation at the 10 program or facility that indicates possible abuse or neglect 11 or deprivation of constitutional and human rights of clients. 12 The local council shall follow uniform criteria established by 13 the statewide council for the review of information and 14 generation of complaints. Routine program monitoring and 15 reviews that do not require an examination of records may be 16 made unannounced. 17 (c) Receiving, investigating, and resolving reports of 18 abuse or deprivation of constitutional and human rights by a 19 state agency or contracted service provider in the local 20 service area. 21 (d) Reviewing and making recommendations regarding how 22 a client's constitutional or human rights might be affected by 23 the client's participation in a proposed research project, 24 prior to implementation of the project. 25 (e) Reviewing existing programs and proposed new or 26 revised programs of client services and making recommendations 27 as to how these programs and services affect or might affect 28 the constitutional or human rights of clients. 29 (e)(f) Appealing to the statewide council any 30 complaint unresolved at the local level. Any matter that 31 constitutes a threat to the life, safety, or health of a 15 2:03 PM 04/24/04 s2674c1c-05t05
SENATE AMENDMENT Bill No. CS for SB 2674 Amendment No. ___ Barcode 033684 1 client or is multiservice area multidistrict in scope shall 2 automatically be referred to the statewide council. 3 (f)(g) Submitting an annual report by September 30 to 4 the statewide council concerning activities, recommendations, 5 and complaints reviewed or developed by the local council 6 during the year. 7 (g)(h) Conducting meetings at least six times a year 8 at the call of the chair and at other times at the call of the 9 Governor, at the call of the statewide council, or by written 10 request of a majority of the members of the local council. 11 (8)(a) In the performance of its duties, a local 12 council shall have the same authority to access client 13 records, state agency files, reports from any program or 14 service, records of contractors and providers, and records 15 from any facility operated, funded, or under contract with a 16 state agency as specified in s. 402.165(8)(a): 17 1. Access to all client records, files, and reports 18 from any program, service, or facility that is operated, 19 funded, or contracted by any state agency that provides client 20 services and any records that are material to its 21 investigation and are in the custody of any other agency or 22 department of government. The council's investigation or 23 monitoring shall not impede or obstruct matters under 24 investigation by law enforcement agencies or judicial 25 authorities. Access shall not be granted if a specific 26 procedure or prohibition for reviewing records is required by 27 federal law and regulation that supersedes state law. Access 28 shall not be granted to the records of a private licensed 29 practitioner who is providing services outside state agencies 30 and facilities and whose client is competent and refuses 31 disclosure. 16 2:03 PM 04/24/04 s2674c1c-05t05
SENATE AMENDMENT Bill No. CS for SB 2674 Amendment No. ___ Barcode 033684 1 2. Standing to petition the circuit court for access 2 to client records that are confidential as specified by law. 3 The petition shall state the specific reasons for which the 4 council is seeking access and the intended use of such 5 information. The court may authorize access to such records 6 upon a finding that such access is directly related to an 7 investigation regarding the possible deprivation of 8 constitutional or human rights or the abuse of a client. 9 Original client files, records, and reports shall not be 10 removed from a state agency. Upon no circumstances shall the 11 council have access to confidential adoption records once the 12 adoption is finalized in court in accordance with ss. 39.0132, 13 63.022, and 63.162. Upon completion of a general investigation 14 of practices and procedures followed by a state agency in 15 providing client services, the council shall report its 16 findings to the appropriate state agency. 17 (b) All information obtained or produced by a local 18 council that is made confidential by law, that relates to the 19 identity of any client or group of clients subject to the 20 protection of this section, or that relates to the identity of 21 an individual who provides information to the local council 22 about abuse or about alleged violations of constitutional or 23 human rights, is confidential and exempt from s. 119.07(1) and 24 s. 24(a), Art. I of the State Constitution. 25 (c) Portions of meetings of a local council that 26 relate to the identity of any client or group of clients 27 subject to the protections of this section, that relate to the 28 identity of an individual who provides information to the 29 local council about abuse or about alleged violations of 30 constitutional or human rights, or when wherein testimony is 31 provided relating to records otherwise made confidential by 17 2:03 PM 04/24/04 s2674c1c-05t05
SENATE AMENDMENT Bill No. CS for SB 2674 Amendment No. ___ Barcode 033684 1 law, are exempt from s. 286.011 and s. 24(b), Art. I of the 2 State Constitution. 3 (d) All records prepared by members of a local council 4 that reflect a mental impression, investigative strategy, or 5 theory are exempt from s. 119.07(1) and s. 24(a), Art. I of 6 the State Constitution until the investigation is completed or 7 until the investigation ceases to be active. For purposes of 8 this section, an investigation is considered "active" while 9 the such investigation is being conducted by a local council 10 with a reasonable, good faith belief that it may lead to a 11 finding of abuse or of a violation of constitutional or human 12 rights. An investigation does not cease to be active so long 13 as the local council is proceeding with reasonable dispatch 14 and there is a good faith belief that action may be initiated 15 by the local council or other administrative or law 16 enforcement agency. 17 (e) Any person who knowingly and willfully discloses 18 any such confidential information commits a misdemeanor of the 19 second degree, punishable as provided in s. 775.082 or s. 20 775.083. 21 Section 4. Section 402.167, Florida Statutes, is 22 amended to read: 23 402.167 Duties of state agencies that provide client 24 services relating to the Florida Statewide Advocacy Council 25 and the Florida local advocacy councils.-- 26 (1) Each state agency that provides client services 27 shall adopt rules that are consistent with law, amended to 28 reflect any statutory changes, and that address at least the 29 following: 30 (a) Procedures by which staff of state agencies refer 31 reports of abuse of clients to the Florida local advocacy 18 2:03 PM 04/24/04 s2674c1c-05t05
SENATE AMENDMENT Bill No. CS for SB 2674 Amendment No. ___ Barcode 033684 1 councils. 2 (b) Procedures by which client information is made 3 available to members of the Florida Statewide Advocacy Council 4 and the Florida local advocacy councils. 5 (c) Procedures by which recommendations made by the 6 statewide and local councils will be incorporated into 7 policies and procedures of the state agencies. 8 (2) The Department of Children and Family Services 9 shall provide for the location of local councils in area 10 offices and shall provide necessary equipment and office 11 supplies, including, but not limited to, clerical and word 12 processing services, photocopiers, telephone services, and 13 stationery and other necessary supplies, and shall establish 14 the procedures by which council members are reimbursed for 15 authorized expenditures. 16 (3) The secretaries or directors of the state agencies 17 shall ensure the full cooperation and assistance of employees 18 of their respective state agencies with members and staff of 19 the statewide and local councils. The secretary or director of 20 each state agency providing client services shall notify its 21 contract, service, and treatment providers of the powers, 22 duties, and responsibilities of the statewide and local 23 councils. Further, the Secretary of Children and Family 24 Services shall ensure that, to the extent possible, staff 25 assigned to the statewide council and local councils are free 26 of interference from or control by the department in 27 performing their duties relative to those councils. 28 Section 5. The Florida Statewide Advocacy Council, its 29 three full-time equivalent positions and associated expense 30 funding, the local councils, and the toll-free complaint line 31 are hereby transferred by a type two transfer, pursuant to 19 2:03 PM 04/24/04 s2674c1c-05t05
SENATE AMENDMENT Bill No. CS for SB 2674 Amendment No. ___ Barcode 033684 1 section 20.06(2), Florida Statutes, from the Department of 2 Children and Family Services to the Florida Statewide Advocacy 3 Council. The Department of Children and Family Services is 4 directed to identify 10 additional full-time equivalent 5 positions funded from the General Revenue Fund, which 6 positions are hereby transferred by a type two transfer, 7 pursuant to section 20.06(2), Florida Statutes, to the Florida 8 Statewide Advocacy Council for support of the local councils. 9 10 11 ================ T I T L E A M E N D M E N T =============== 12 And the title is amended as follows: 13 On page 1, lines 4-24, delete those lines 14 15 and insert: 16 providing definitions; amending s. 402.165, 17 F.S.; requiring the Florida Statewide Advocacy 18 Council to be located in the Executive Office 19 of the Governor; removing the requirement for 20 the Department of Children and Family Services 21 to provide administrative support; revising the 22 membership of the statewide advocacy council; 23 providing priority consideration for certain 24 candidates for the statewide council; requiring 25 the Governor to select an executive director; 26 providing that such director shall serve at the 27 pleasure of the Governor; removing a 28 restriction on the preparation of the annual 29 budget; requiring the council to consult with 30 the Governor before generating a complaint; 31 revising council duties and responsibilities; 20 2:03 PM 04/24/04 s2674c1c-05t05
SENATE AMENDMENT Bill No. CS for SB 2674 Amendment No. ___ Barcode 033684 1 directing the council to establish interagency 2 agreements with certain state agencies; 3 requiring copies of certain files, records, and 4 reports to be provided to the council at the 5 agency's expense; amending s. 402.166, F.S.; 6 deleting references to administration by the 7 department; providing clarification for duties 8 performed by a local council; revising the 9 period in which the Governor may approve or 10 disapprove an appointment; removing authority 11 to review certain programs; providing that the 12 local council has the same authority to access 13 records from facilities, programs, and clients 14 as does the statewide advocacy council; 15 amending s. 402.167, F.S.; directing each state 16 agency that provides client services to provide 17 certain information about the statewide 18 advocacy and local councils; transferring the 19 Florida Statewide Advocacy Council, certain 20 positions, local councils, and a toll-free 21 complaint line by a type two transfer from the 22 Department of Children and Family Services to 23 the Florida Statewide Advocacy Council; 24 directing the department to identify positions 25 to be transferred by a type two transfer to the 26 Florida Statewide Advocacy Council for support 27 of the local councils; providing an 28 29 30 31 21 2:03 PM 04/24/04 s2674c1c-05t05