Senate Bill sb2674e1

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  1                      A bill to be entitled

  2         An act relating to the statewide and local

  3         advocacy councils; amending s. 402.164, F.S.;

  4         providing definitions; amending s. 402.165,

  5         F.S.; requiring the Florida Statewide Advocacy

  6         Council to be located in the Executive Office

  7         of the Governor; removing the requirement for

  8         the Department of Children and Family Services

  9         to provide administrative support; revising the

10         membership of the statewide advocacy council;

11         providing priority consideration for certain

12         candidates for the statewide council; requiring

13         the Governor to select an executive director;

14         providing that such director shall serve at the

15         pleasure of the Governor; removing a

16         restriction on the preparation of the annual

17         budget; requiring the council to consult with

18         the Governor before generating a complaint;

19         revising council duties and responsibilities;

20         directing the council to establish interagency

21         agreements with certain state agencies;

22         requiring copies of certain files, records, and

23         reports to be provided to the council at the

24         agency's expense; amending s. 402.166, F.S.;

25         deleting references to administration by the

26         department; providing clarification for duties

27         performed by a local council; revising the

28         period in which the Governor may approve or

29         disapprove an appointment; removing authority

30         to review certain programs; providing that the

31         local council has the same authority to access


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 1         records from facilities, programs, and clients

 2         as does the statewide advocacy council;

 3         amending s. 402.167, F.S.; directing each state

 4         agency that provides client services to provide

 5         certain information about the statewide

 6         advocacy and local councils; transferring the

 7         Florida Statewide Advocacy Council, certain

 8         positions, local councils, and a toll-free

 9         complaint line by a type two transfer from the

10         Department of Children and Family Services to

11         the Florida Statewide Advocacy Council;

12         directing the department to identify positions

13         to be transferred by a type two transfer to the

14         Florida Statewide Advocacy Council for support

15         of the local councils; providing an effective

16         date.

17  

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

19  

20         Section 1.  Subsection (2) of section 402.164, Florida

21  Statutes, is amended to read:

22         402.164  Legislative intent; definitions.--

23         (2)  As used in ss. 402.164-402.167, the term:

24         (a)  "Access" means a visual inspection or the copying

25  of the records maintained by the state agency, facility,

26  provider, or contractor.

27         (b)(a)  "Client" means a client as defined in s.

28  393.063, s. 394.67, s. 397.311, or s. 400.960, a forensic

29  client or client as defined in s. 916.106, a child or youth as

30  defined in s. 39.01, a child as defined in s. 827.01, a family

31  as defined in s. 414.0252, a participant as defined in s.


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 1  400.551, a resident as defined in s. 400.402, a Medicaid

 2  recipient or recipient as defined in s. 409.901, a child

 3  receiving childcare as defined in s. 402.302, a disabled adult

 4  as defined in s. 410.032 or s. 410.603, or a victim as defined

 5  in s. 39.01 or s. 415.102 as each definition applies within

 6  its respective chapter.

 7         (c)(b)  "Client services" means services which are

 8  provided to a client by a state agency or a service provider

 9  operated, funded, or contracted by the state.

10         (d)  "Council" or "statewide council" means the Florida

11  Statewide Advocacy Council.

12         (e)  "Local council" or "local advocacy council" means

13  one of the local advocacy councils located in this state,

14  under the supervision of the Florida Statewide Advocacy

15  Council.

16         Section 2.  Section 402.165, Florida Statutes, is

17  amended to read:

18         402.165  Florida Statewide Advocacy Council;

19  confidential records and meetings.--

20         (1)  The Statewide Human Rights Advocacy Committee

21  within the Department of Children and Family Services is

22  redesignated as The Florida Statewide Advocacy Council shall

23  be located in the Executive Office of the Governor, but may be

24  assigned by the Governor for administrative support purposes

25  to any Governor's agency. Members of the council shall

26  represent the interests of clients who are served by state

27  agencies that provide client services. The Department of

28  Children and Family Services shall provide administrative

29  support and service to the statewide council to the extent

30  requested by the executive director within available

31  resources.  The statewide council is not subject to control,


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 1  supervision, or direction by any state agency providing client

 2  services the Department of Children and Family Services in the

 3  performance of its duties.  The council shall consist of not

 4  less than 15 and not more than 20 residents of this state, one

 5  from each service area designated by the statewide council,

 6  who broadly represent the interests of the public and the

 7  clients of the state agencies that provide client services.

 8  The members shall be representative of four groups of state

 9  residents as follows: a one provider who delivers client

10  services as defined in s. 402.164(2); a two nonsalaried

11  representative representatives of nonprofit agencies or civic

12  groups; a representative four representatives of consumer

13  groups who is are currently receiving, or has have received,

14  one or more client services within the past 4 years, at least

15  one of whom must be a consumer of one or more client services;

16  and two residents of the state who do not represent any of the

17  foregoing groups, but may represent a one of whom represents

18  the health-related profession or professions and one of whom

19  represents the legal profession.  In appointing the

20  representative of the health-related professions, the

21  appointing authority shall give priority of consideration to a

22  physician licensed under chapter 458 or chapter 459; and, in

23  appointing the representative of the legal profession, the

24  appointing authority shall give priority of consideration to a

25  member in good standing of The Florida Bar. Of the remaining

26  members, no more than one shall be an elected official; no

27  more than one shall be a health professional; no more than one

28  shall be a legal professional; no more than one shall be a

29  provider; no more than two shall be nonsalaried

30  representatives of nonprofit agencies or civic groups; and no

31  more than one shall be an individual whose primary area of


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 1  interest, experience, or expertise is a major client group of

 2  a client services group that is not represented on the council

 3  at the time of appointment. Except for the member who is an

 4  elected public official, each member of the statewide council

 5  must be given priority consideration if he or she has have

 6  served as a member of a local Florida advocacy council, with

 7  priority consideration given to an applicant who has served a

 8  full term on a local council.  Persons related to each other

 9  by consanguinity or affinity within the third degree may not

10  serve on the statewide council at the same time.

11         (2)  Members of the statewide council shall be

12  appointed to serve terms of 4 years. A member may not serve

13  more than two full consecutive terms.

14         (3)  If a member of the statewide council fails to

15  attend two-thirds of the regular council meetings during the

16  course of a year, the position held by the member may be

17  deemed vacant by the council.  The Governor shall fill the

18  vacancy according pursuant to subsection (4). If a member of

19  the statewide council violates this section or procedures

20  adopted under this section, the council may recommend to the

21  Governor that the member be removed.

22         (4)  The Governor may shall fill a each vacancy on the

23  statewide council from a list of nominees submitted by the

24  statewide council or appoint any qualified person. A list of

25  candidates may be submitted to the statewide council by the

26  local council in the service area from which the vacancy

27  occurs.  Priority of consideration shall be given to the

28  appointment of an individual who is receiving one or more

29  client services and whose primary interest, experience, or

30  expertise lies with a major client group that is not

31  represented on the council at the time of the appointment.  If


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 1  an appointment is not made within 60 days after a vacancy

 2  occurs on the statewide council, the vacancy may be filled by

 3  a majority vote of the statewide council without further

 4  action by the Governor. A person who is employed by any state

 5  agency in client services may not be appointed to the

 6  statewide council.

 7         (5)(a)  Members of the statewide council shall receive

 8  no compensation, but are entitled to be reimbursed for per

 9  diem and travel expenses in accordance with s. 112.061.

10         (b)  The Governor council shall select an executive

11  director who shall serve at the pleasure of the Governor

12  council and shall perform the duties delegated to him or her

13  by the council.  The compensation of the executive director

14  and staff shall be established in accordance with the rules of

15  the Selected Exempt Service.

16         (c)  The council may apply for, receive, and accept

17  grants, gifts, donations, bequests, and other payments

18  including money or property, real or personal, tangible or

19  intangible, and service from any governmental or other public

20  or private entity or person and make arrangements as to the

21  use of same.

22         (d)  The statewide council shall annually prepare a

23  budget request that, is not to be changed by department staff

24  after it is approved by the council, but shall be submitted to

25  the Governor for transmittal to the Legislature.  The budget

26  shall include a request for funds to carry out the activities

27  of the statewide council and the local councils.

28         (6)  The members of the statewide council shall elect a

29  chair and a vice chair to terms of 1 year.  A person may not

30  serve as chair or vice chair for more than two full

31  consecutive terms.


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 1         (7)  The responsibilities of the statewide council

 2  include, but are not limited to:

 3         (a)  Serving as an independent third-party mechanism

 4  for protecting the constitutional and human rights of clients

 5  within programs or facilities operated, funded, or contracted

 6  by any state agency that provides client services.

 7         (b)  Monitoring, by site visit and through access to

 8  inspection of records the delivery and use of services,

 9  programs, or facilities operated, funded, or contracted by any

10  state agency that provides client services, for the purpose of

11  preventing abuse or deprivation of the constitutional and

12  human rights of clients.  The statewide council may conduct an

13  unannounced site visit or monitoring visit that involves the

14  inspection of records if the visit is conditioned upon a

15  complaint.  A complaint may be generated by the council

16  itself, after consulting with the Governor's office, if

17  information from any state agency that provides client

18  services or from other sources indicates a situation at the

19  program or facility that indicates possible abuse or neglect

20  or deprivation of the constitutional and human rights of

21  clients.  The statewide council shall establish and follow

22  uniform criteria for the review of information and generation

23  of complaints. Routine program monitoring and reviews that do

24  not require an examination of records may be made unannounced.

25         (c)  Receiving, investigating, and resolving reports of

26  abuse or deprivation of constitutional and human rights

27  referred to the statewide council by a local council.  If a

28  matter constitutes a threat to the life, safety, or health of

29  clients or is multiservice-area multidistrict in scope, the

30  statewide council may exercise its such powers without the

31  necessity of a referral from a local council.


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 1         (d)  Reviewing existing programs or services and new or

 2  revised programs of the state agencies that provide client

 3  services and making recommendations as to how the rights of

 4  clients are affected.

 5         (e)  Submitting an annual report to the Legislature, no

 6  later than December 30 of each calendar year, concerning

 7  activities, recommendations, and complaints reviewed or

 8  developed by the council during the year.

 9         (f)  Conducting meetings at least six times a year at

10  the call of the chair and at other times at the call of the

11  Governor or by written request of six members of the council.

12         (g)  Developing and adopting uniform procedures to be

13  used to carry out the purpose and responsibilities of the

14  statewide council and the local councils, which procedures

15  shall include, but need not be limited to, the following:

16         1.  The responsibilities of the statewide council and

17  the local councils;

18         2.  The organization and operation of the statewide

19  council and the local councils, including procedures for

20  replacing a member, formats for maintaining records of council

21  activities, and criteria for determining what constitutes a

22  conflict of interest for purposes of assigning and conducting

23  investigations and monitoring;

24         3.  Uniform procedures for the statewide council and

25  the local councils relating to receiving and investigating

26  reports of abuse or deprivation of constitutional or human

27  rights;

28         4.  The responsibilities and relationship of the local

29  councils to the statewide council;

30         5.  The relationship of the statewide council to the

31  state agencies that receive and investigate reports of abuse


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 1  and neglect of clients of state agencies, including the way in

 2  which reports of findings and recommendations related to

 3  reported abuse or neglect are given to the appropriate state

 4  agency that provides client services;

 5         6.  Provision for cooperation with the State Long-Term

 6  Care Ombudsman Council;

 7         7.  Procedures for appeal.  An appeal to the statewide

 8  council is made by a local council when a valid complaint is

 9  not resolved at the local level.  The statewide council may

10  appeal an unresolved complaint to the secretary or director of

11  the appropriate state agency that provides client services.

12  If, after exhausting all remedies, the statewide council is

13  not satisfied that the complaint can be resolved within the

14  state agency, the appeal may be referred to the Governor;

15         8.  Uniform procedures for gaining access to and

16  maintaining confidential information; and

17         9.  Definitions of misfeasance and malfeasance for

18  members of the statewide council and local councils.

19         (h)  Supervising the operations of the local councils

20  and monitoring the performance and activities of all local

21  councils and providing technical assistance to members and

22  staff of local councils.

23         (i)  Providing for the development and presentation of

24  a standardized training program for members of local councils.

25         (j)  Developing and maintaining interagency agreements

26  between the council and the state agencies providing client

27  services. The interagency agreements shall address the

28  coordination of efforts and identify the roles and

29  responsibilities of the statewide and local councils and each

30  agency in fulfillment of their responsibilities, including

31  access to records.


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 1         (8)(a)  In the performance of its duties, the statewide

 2  council shall have:

 3         1.  Authority to receive, investigate, seek to

 4  conciliate, hold hearings on, and act on complaints that

 5  allege any abuse or deprivation of constitutional or human

 6  rights of persons who receive client services from any state

 7  agency.

 8         2.  Access to all client records, files, and reports

 9  from any program, service, or facility that is operated,

10  funded, or contracted by any state agency that provides client

11  services and any records that are material to its

12  investigation and are in the custody of any other agency or

13  department of government.  The council's investigation or

14  monitoring shall not impede or obstruct matters under

15  investigation by law enforcement agencies or judicial

16  authorities.  Access shall not be granted if a specific

17  procedure or prohibition for reviewing records is required by

18  federal law and regulation that supersedes state law. Access

19  shall not be granted to the records of a private licensed

20  practitioner who is providing services outside the state

21  agency, or outside a state facility, and whose client is

22  competent and refuses disclosure.

23         3.  Standing to petition the circuit court for access

24  to client records that are confidential as specified by law.

25  The petition shall state the specific reasons for which the

26  council is seeking access and the intended use of such

27  information.  The circuit court may authorize council access

28  to the such records upon a finding that such access is

29  directly related to an investigation regarding the possible

30  deprivation of constitutional or human rights or the abuse of

31  a client.  Original client files, agency records, and reports


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 1  may shall not be removed from a state agency, but copies must

 2  be provided to the council and the local councils at the

 3  agency's expense.  Under no circumstance shall the council

 4  have access to confidential adoption records once the adoption

 5  is finalized by a court in accordance with ss. 39.0132,

 6  63.022, and 63.162.  Upon completion of a general

 7  investigation of practices and procedures of a state agency,

 8  the statewide council shall report its findings to that

 9  agency.

10         (b)  All information obtained or produced by the

11  statewide council that is made confidential by law, that

12  relates to the identity of any client or group of clients

13  subject to the protections of this section, or that relates to

14  the identity of an individual who provides information to the

15  council about abuse or about alleged violations of

16  constitutional or human rights, is confidential and exempt

17  from s. 119.07(1) and s. 24(a), Art. I of the State

18  Constitution.

19         (c)  Portions of meetings of the statewide council that

20  relate to the identity of any client or group of clients

21  subject to the protections of this section, that relate to the

22  identity of an individual who provides information to the

23  council about abuse or about alleged violations of

24  constitutional or human rights, or wherein testimony is

25  provided relating to records otherwise made confidential by

26  law, are exempt from s. 286.011 and s. 24(b), Art. I of the

27  State Constitution.

28         (d)  All records prepared by members of the statewide

29  council that reflect a mental impression, investigative

30  strategy, or theory are exempt from s. 119.07(1) and s. 24(a),

31  Art. I of the State Constitution until the investigation is


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 1  completed or until the investigation ceases to be active. For

 2  purposes of this section, an investigation is considered

 3  "active" while the such investigation is being conducted by

 4  the statewide council with a reasonable, good faith belief

 5  that it may lead to a finding of abuse or of a violation of

 6  human rights.  An investigation does not cease to be active so

 7  long as the statewide council is proceeding with reasonable

 8  dispatch and there is a good faith belief that action may be

 9  initiated by the council or other administrative or law

10  enforcement agency.

11         (e)  Any person who knowingly and willfully discloses

12  any such confidential information commits a misdemeanor of the

13  second degree, punishable as provided in s. 775.082 or s.

14  775.083.

15         Section 3.  Section 402.166, Florida Statutes, is

16  amended to read:

17         402.166  Florida local advocacy councils; confidential

18  records and meetings.--

19         (1)  Each district human rights advocacy committee

20  within each service area of the Department of Children and

21  Family Services is redesignated as the Florida Local Advocacy

22  Council. The local councils are subject to direction from and

23  the supervision of the statewide council.  The statewide

24  council Department of Children and Family Services shall

25  assign staff to provide administrative support to the local

26  councils, and staff assigned to these positions shall perform

27  the functions required by the local councils without

28  interference from the department. The local councils shall

29  direct the activities of staff assigned to them to the extent

30  necessary for the local councils to carry out their duties.

31  The number and areas of responsibility of the local councils,


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 1  not to exceed 46 councils statewide, shall be determined by

 2  the statewide council and shall be consistent with judicial

 3  circuit boundaries. Local councils shall meet at facilities

 4  under their jurisdiction whenever possible.

 5         (2)  Each local council shall have no fewer than 7

 6  members and no more than 15 members, no more than 4 of whom

 7  are or have been recipients of one or more client services

 8  within the last 4 years, except that one member of this group

 9  may be an immediate relative or legal representative of a

10  current or former client; two providers who deliver client

11  services as defined in s. 402.164(2); and two representatives

12  of professional organizations, one of whom represents the

13  health-related professions and one of whom represents the

14  legal profession. Priority of consideration shall be given to

15  the appointment of at least one medical or osteopathic

16  physician, as defined in chapters 458 and 459, and one member

17  in good standing of The Florida Bar. Priority of consideration

18  shall also be given to the appointment of an individual who is

19  receiving client services and whose primary interest,

20  experience, or expertise lies with a major client group not

21  represented on the local council at the time of the

22  appointment.  A person who is employed in client services by

23  any state agency may not be appointed to the local council. No

24  more than three individuals who are providing contracted

25  services for clients to any state agency may serve on the same

26  local council at the same time. Persons related to each other

27  by consanguinity or affinity within the third degree may not

28  serve on the same local council at the same time.  All members

29  of local councils must successfully complete a standardized

30  training course for council members within 3 months after

31  their appointment to a local council.  A member may not be


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 1  assigned to an investigation that requires access to

 2  confidential information prior to the completion of the

 3  training course.  After he or she completes the required

 4  training course, a member of a local council may not be

 5  prevented from participating in any activity of that local

 6  council, including investigations and monitoring, except due

 7  to a conflict of interest as described in the procedures

 8  established by the statewide council under pursuant to

 9  subsection (7).

10         (3)(a)  With respect to existing local councils, each

11  member shall serve a term of 4 years.  Upon expiration of a

12  term and in the case of any other vacancy, the local council

13  shall appoint a replacement by majority vote of the local

14  council, subject to the approval of the Governor.  A member

15  may serve no more than two full consecutive terms.

16         (b)1.  The Governor shall appoint the first four

17  members of any newly created local council; and those four

18  members shall select the remaining members, subject to

19  approval of the Governor.  If any of the first four members

20  are not appointed within 60 days after a request is submitted

21  to the Governor, those members may be appointed by a majority

22  vote of the statewide council without further action by the

23  Governor.

24         2.  Members shall serve for no more than two full

25  consecutive terms of 4 years, except that at the time of

26  initial appointment, terms shall be staggered so that

27  approximately one-half of the members first appointed shall

28  serve for terms of 4 years and the remaining members shall

29  serve for terms of 2 years.  Vacancies shall be filled as

30  provided in subparagraph 1.

31  


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 1         (c)  If no action is taken by the Governor to approve

 2  or disapprove a replacement of a member under pursuant to this

 3  subsection within 60 30 days after the local council has

 4  notified the Governor of the appointment, then the appointment

 5  of the replacement may be considered approved by the Governor

 6  statewide council.

 7         (4)  Each local council shall elect a chair and a vice

 8  chair for a term of 1 year. A person may not serve as chair or

 9  vice chair for more than two consecutive terms.  The chair's

10  and vice chair's terms expire on September 30 of each year.

11         (5)  If a local council member fails to attend

12  two-thirds of the regular local council meetings during the

13  course of a year, the local council may replace the member.

14  If a member of a local council violates this section or

15  procedures adopted under this section, the local council may

16  recommend to the Governor that the member be removed.

17         (6)  A member of a local council shall receive no

18  compensation but is entitled to be reimbursed for per diem and

19  travel expenses as provided in s. 112.061.  Members may be

20  provided reimbursement for long-distance telephone calls if

21  the such calls were necessary to an investigation of an abuse

22  or deprivation of constitutional or human rights.

23         (7)  A local council shall first seek to resolve a

24  complaint with the appropriate local administration, agency,

25  or program; any matter not resolved by the local council shall

26  be referred to the statewide council. A local council shall

27  comply with appeal procedures established by the statewide

28  council.  The duties, actions, and procedures of both new and

29  existing local councils shall conform to ss. 402.164-402.167.

30  The duties of each local council shall include, but are not

31  limited to:


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    CS for SB 2674                                 First Engrossed



 1         (a)  Serving as an independent third-party mechanism

 2  for protecting the constitutional and human rights of any

 3  client within a program or facility operated, funded, or

 4  contracted by a state agency providing client services in the

 5  local services area.

 6         (b)  Monitoring by site visit and access to inspection

 7  of records the delivery and use of services, programs, or

 8  facilities operated, funded, or contracted by a state agency

 9  that provides client services, for the purpose of preventing

10  abuse or deprivation of the constitutional and human rights of

11  clients.  A local council may conduct an unannounced site

12  visit or monitoring visit that involves access to the

13  inspection of records if the visit is conditioned upon a

14  complaint.  A complaint may be generated by the council itself

15  if information from a state agency that provides client

16  services or from other sources indicates a situation at the

17  program or facility that indicates possible abuse or neglect

18  or deprivation of constitutional and human rights of clients.

19  The local council shall follow uniform criteria established by

20  the statewide council for the review of information and

21  generation of complaints.  Routine program monitoring and

22  reviews that do not require an examination of records may be

23  made unannounced.

24         (c)  Receiving, investigating, and resolving reports of

25  abuse or deprivation of constitutional and human rights by a

26  state agency or contracted service provider in the local

27  service area.

28         (d)  Reviewing and making recommendations regarding how

29  a client's constitutional or human rights might be affected by

30  the client's participation in a proposed research project,

31  prior to implementation of the project.


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    CS for SB 2674                                 First Engrossed



 1         (e)  Reviewing existing programs and proposed new or

 2  revised programs of client services and making recommendations

 3  as to how these programs and services affect or might affect

 4  the constitutional or human rights of clients.

 5         (e)(f)  Appealing to the statewide council any

 6  complaint unresolved at the local level.  Any matter that

 7  constitutes a threat to the life, safety, or health of a

 8  client or is multiservice area multidistrict in scope shall

 9  automatically be referred to the statewide council.

10         (f)(g)  Submitting an annual report by September 30 to

11  the statewide council concerning activities, recommendations,

12  and complaints reviewed or developed by the local council

13  during the year.

14         (g)(h)  Conducting meetings at least six times a year

15  at the call of the chair and at other times at the call of the

16  Governor, at the call of the statewide council, or by written

17  request of a majority of the members of the local council.

18         (8)(a)  In the performance of its duties, a local

19  council shall have the same authority to access client

20  records, state agency files, reports from any program or

21  service, records of contractors and providers, and records

22  from any facility operated, funded, or under contract with a

23  state agency as specified in s. 402.165(8)(a):

24         1.  Access to all client records, files, and reports

25  from any program, service, or facility that is operated,

26  funded, or contracted by any state agency that provides client

27  services and any records that are material to its

28  investigation and are in the custody of any other agency or

29  department of government.  The council's investigation or

30  monitoring shall not impede or obstruct matters under

31  investigation by law enforcement agencies or judicial


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    CS for SB 2674                                 First Engrossed



 1  authorities. Access shall not be granted if a specific

 2  procedure or prohibition for reviewing records is required by

 3  federal law and regulation that supersedes state law.  Access

 4  shall not be granted to the records of a private licensed

 5  practitioner who is providing services outside state agencies

 6  and facilities and whose client is competent and refuses

 7  disclosure.

 8         2.  Standing to petition the circuit court for access

 9  to client records that are confidential as specified by law.

10  The petition shall state the specific reasons for which the

11  council is seeking access and the intended use of such

12  information.  The court may authorize access to such records

13  upon a finding that such access is directly related to an

14  investigation regarding the possible deprivation of

15  constitutional or human rights or the abuse of a client.

16  Original client files, records, and reports shall not be

17  removed from a state agency.  Upon no circumstances shall the

18  council have access to confidential adoption records once the

19  adoption is finalized in court in accordance with ss. 39.0132,

20  63.022, and 63.162. Upon completion of a general investigation

21  of practices and procedures followed by a state agency in

22  providing client services, the council shall report its

23  findings to the appropriate state agency.

24         (b)  All information obtained or produced by a local

25  council that is made confidential by law, that relates to the

26  identity of any client or group of clients subject to the

27  protection of this section, or that relates to the identity of

28  an individual who provides information to the local council

29  about abuse or about alleged violations of constitutional or

30  human rights, is confidential and exempt from s. 119.07(1) and

31  s. 24(a), Art. I of the State Constitution.


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    CS for SB 2674                                 First Engrossed



 1         (c)  Portions of meetings of a local council that

 2  relate to the identity of any client or group of clients

 3  subject to the protections of this section, that relate to the

 4  identity of an individual who provides information to the

 5  local council about abuse or about alleged violations of

 6  constitutional or human rights, or when wherein testimony is

 7  provided relating to records otherwise made confidential by

 8  law, are exempt from s. 286.011 and s. 24(b), Art. I of the

 9  State Constitution.

10         (d)  All records prepared by members of a local council

11  that reflect a mental impression, investigative strategy, or

12  theory are exempt from s. 119.07(1) and s. 24(a), Art. I of

13  the State Constitution until the investigation is completed or

14  until the investigation ceases to be active. For purposes of

15  this section, an investigation is considered "active" while

16  the such investigation is being conducted by a local council

17  with a reasonable, good faith belief that it may lead to a

18  finding of abuse or of a violation of constitutional or human

19  rights.  An investigation does not cease to be active so long

20  as the local council is proceeding with reasonable dispatch

21  and there is a good faith belief that action may be initiated

22  by the local council or other administrative or law

23  enforcement agency.

24         (e)  Any person who knowingly and willfully discloses

25  any such confidential information commits a misdemeanor of the

26  second degree, punishable as provided in s. 775.082 or s.

27  775.083.

28         Section 4.  Section 402.167, Florida Statutes, is

29  amended to read:

30  

31  


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    CS for SB 2674                                 First Engrossed



 1         402.167  Duties of state agencies that provide client

 2  services relating to the Florida Statewide Advocacy Council

 3  and the Florida local advocacy councils.--

 4         (1)  Each state agency that provides client services

 5  shall adopt rules that are consistent with law, amended to

 6  reflect any statutory changes, and that address at least the

 7  following:

 8         (a)  Procedures by which staff of state agencies refer

 9  reports of abuse of clients to the Florida local advocacy

10  councils.

11         (b)  Procedures by which client information is made

12  available to members of the Florida Statewide Advocacy Council

13  and the Florida local advocacy councils.

14         (c)  Procedures by which recommendations made by the

15  statewide and local councils will be incorporated into

16  policies and procedures of the state agencies.

17         (2)  The Department of Children and Family Services

18  shall provide for the location of local councils in area

19  offices and shall provide necessary equipment and office

20  supplies, including, but not limited to, clerical and word

21  processing services, photocopiers, telephone services, and

22  stationery and other necessary supplies, and shall establish

23  the procedures by which council members are reimbursed for

24  authorized expenditures.

25         (3)  The secretaries or directors of the state agencies

26  shall ensure the full cooperation and assistance of employees

27  of their respective state agencies with members and staff of

28  the statewide and local councils. The secretary or director of

29  each state agency providing client services shall notify its

30  contract, service, and treatment providers of the powers,

31  duties, and responsibilities of the statewide and local


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    CS for SB 2674                                 First Engrossed



 1  councils. Further, the Secretary of Children and Family

 2  Services shall ensure that, to the extent possible, staff

 3  assigned to the statewide council and local councils are free

 4  of interference from or control by the department in

 5  performing their duties relative to those councils.

 6         Section 5.  The Florida Statewide Advocacy Council, its

 7  three full-time equivalent positions and associated expense

 8  funding, the local councils, and the toll-free complaint line

 9  are hereby transferred by a type two transfer, pursuant to

10  section 20.06(2), Florida Statutes, from the Department of

11  Children and Family Services to the Florida Statewide Advocacy

12  Council. The Department of Children and Family Services is

13  directed to identify 10 additional full-time equivalent

14  positions funded from the General Revenue Fund, which

15  positions are hereby  transferred by a type two transfer,

16  pursuant to section 20.06(2), Florida Statutes, to the Florida

17  Statewide Advocacy Council for support of the local councils.

18         Section 6.  This act shall take effect October 1, 2004.

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