Senate Bill sb2674er
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1
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.
2
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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 health and human
8 services that which are provided to a client by a state agency
9 or a service provider operated, funded, or contracted by the
10 state.
11 (d) "Council" or "statewide council" means the Florida
12 Statewide Advocacy Council.
13 (e) "Local council" or "local advocacy council" means
14 one of the local advocacy councils located in this state,
15 under the supervision of the Florida Statewide Advocacy
16 Council.
17 Section 2. Section 402.165, Florida Statutes, is
18 amended to read:
19 402.165 Florida Statewide Advocacy Council;
20 confidential records and meetings.--
21 (1) The Statewide Human Rights Advocacy Committee
22 within the Department of Children and Family Services is
23 redesignated as The Florida Statewide Advocacy Council shall
24 be located in the Executive Office of the Governor, but may be
25 assigned by the Governor for administrative support purposes
26 to any Governor's agency. Members of the council shall
27 represent the interests of clients who are served by state
28 agencies that provide client services. The Department of
29 Children and Family Services shall provide administrative
30 support and service to the statewide council to the extent
31 requested by the executive director within available
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1 resources. The statewide council is not subject to control,
2 supervision, or direction by any state agency providing client
3 services the Department of Children and Family Services in the
4 performance of its duties. The council shall consist of not
5 less than 15 and not more than 20 residents of this state, one
6 from each service area designated by the statewide council,
7 who broadly represent the interests of the public and the
8 clients of the state agencies that provide client services.
9 The members shall be representative of four groups of state
10 residents as follows: a one provider who delivers client
11 services as defined in s. 402.164(2); a two nonsalaried
12 representative representatives of nonprofit agencies or civic
13 groups; a representative four representatives of consumer
14 groups who is are currently receiving, or has have received,
15 one or more client services within the past 4 years, at least
16 one of whom must be a consumer of one or more client services;
17 and two residents of the state who do not represent any of the
18 foregoing groups, but may represent a one of whom represents
19 the health-related profession or professions and one of whom
20 represents the legal profession. In appointing the
21 representative of the health-related professions, the
22 appointing authority shall give priority of consideration to a
23 physician licensed under chapter 458 or chapter 459; and, in
24 appointing the representative of the legal profession, the
25 appointing authority shall give priority of consideration to a
26 member in good standing of The Florida Bar. Of the remaining
27 members, no more than one shall be an elected official; no
28 more than one shall be a health professional; no more than one
29 shall be a legal professional; no more than one shall be a
30 provider; no more than two shall be nonsalaried
31 representatives of nonprofit agencies or civic groups; and no
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1 more than one shall be an individual whose primary area of
2 interest, experience, or expertise is a major client group of
3 a client services group that is not represented on the council
4 at the time of appointment. Except for the member who is an
5 elected public official, each candidate for member of the
6 statewide council must be given priority consideration if he
7 or she has have served as a member of a local Florida advocacy
8 council, with priority consideration given to an applicant who
9 has served a full term on a local council. Persons related to
10 each other by consanguinity or affinity within the third
11 degree may not serve on the statewide council at the same
12 time.
13 (2) Members of the statewide council shall be
14 appointed to serve terms of 4 years. A member may not serve
15 more than two full consecutive terms.
16 (3) If a member of the statewide council fails to
17 attend two-thirds of the regular council meetings during the
18 course of a year, the position held by the member may be
19 deemed vacant by the council. The Governor shall fill the
20 vacancy according pursuant to subsection (4). If a member of
21 the statewide council violates this section or procedures
22 adopted under this section, the council may recommend to the
23 Governor that the member be removed.
24 (4) The Governor may shall fill a each vacancy on the
25 statewide council from a list of nominees submitted by the
26 statewide council or appoint any qualified person. A list of
27 candidates may be submitted to the statewide council by the
28 local council in the service area from which the vacancy
29 occurs. Priority of consideration shall be given to the
30 appointment of an individual who is receiving one or more
31 client services and whose primary interest, experience, or
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1 expertise lies with a major client group that is not
2 represented on the council at the time of the appointment. If
3 an appointment is not made within 60 days after a vacancy
4 occurs on the statewide council, the vacancy may be filled by
5 a majority vote of the statewide council without further
6 action by the Governor. A person who is employed by any state
7 agency in client services may not be appointed to the
8 statewide council.
9 (5)(a) Members of the statewide council shall receive
10 no compensation, but are entitled to be reimbursed for per
11 diem and travel expenses in accordance with s. 112.061.
12 (b) The Governor council shall select an executive
13 director who shall serve at the pleasure of the Governor
14 council and shall perform the duties delegated to him or her
15 by the council. The compensation of the executive director
16 and staff shall be established in accordance with the rules of
17 the Selected Exempt Service.
18 (c) The council may apply for, receive, and accept
19 grants, gifts, donations, bequests, and other payments
20 including money or property, real or personal, tangible or
21 intangible, and service from any governmental or other public
22 or private entity or person and make arrangements as to the
23 use of same.
24 (d) The statewide council shall annually prepare a
25 budget request that, is not to be changed by department staff
26 after it is approved by the council, but shall be submitted to
27 the Governor for transmittal to the Legislature. The budget
28 shall include a request for funds to carry out the activities
29 of the statewide council and the local councils.
30 (6) The members of the statewide council shall elect a
31 chair and a vice chair to terms of 1 year. A person may not
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1 serve as chair or vice chair for more than two full
2 consecutive terms.
3 (7) The responsibilities of the statewide council
4 include, but are not limited to:
5 (a) Serving as an independent third-party mechanism
6 for protecting the constitutional and human rights of clients
7 within programs or facilities operated, funded, or contracted
8 by any state agency that provides client services.
9 (b) Monitoring, by site visit and through access to
10 inspection of records the delivery and use of services,
11 programs, or facilities operated, funded, or contracted by any
12 state agency that provides client services, for the purpose of
13 preventing abuse or deprivation of the constitutional and
14 human rights of clients. The statewide council may conduct an
15 unannounced site visit or monitoring visit that involves the
16 inspection of records if the visit is conditioned upon a
17 complaint. A complaint may be generated by the council
18 itself, after consulting with the Governor's office, if
19 information from any state agency that provides client
20 services or from other sources indicates a situation at the
21 program or facility that indicates possible abuse or neglect
22 or deprivation of the constitutional and human rights of
23 clients. The statewide council shall establish and follow
24 uniform criteria for the review of information and generation
25 of complaints. Routine program monitoring and reviews that do
26 not require an examination of records may be made unannounced.
27 (c) Receiving, investigating, and resolving reports of
28 abuse or deprivation of constitutional and human rights
29 referred to the statewide council by a local council. If a
30 matter constitutes a threat to the life, safety, or health of
31 clients or is multiservice-area multidistrict in scope, the
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1 statewide council may exercise its such powers without the
2 necessity of a referral from a local council.
3 (d) Reviewing existing programs or services and new or
4 revised programs of the state agencies that provide client
5 services and making recommendations as to how the rights of
6 clients are affected.
7 (e) Submitting an annual report to the Legislature, no
8 later than December 30 of each calendar year, concerning
9 activities, recommendations, and complaints reviewed or
10 developed by the council during the year.
11 (f) Conducting meetings at least six times a year at
12 the call of the chair and at other times at the call of the
13 Governor or by written request of six members of the council.
14 (g) Developing and adopting uniform procedures to be
15 used to carry out the purpose and responsibilities of the
16 statewide council and the local councils, which procedures
17 shall include, but need not be limited to, the following:
18 1. The responsibilities of the statewide council and
19 the local councils;
20 2. The organization and operation of the statewide
21 council and the local councils, including procedures for
22 replacing a member, formats for maintaining records of council
23 activities, and criteria for determining what constitutes a
24 conflict of interest for purposes of assigning and conducting
25 investigations and monitoring;
26 3. Uniform procedures for the statewide council and
27 the local councils relating to receiving and investigating
28 reports of abuse or deprivation of constitutional or human
29 rights;
30 4. The responsibilities and relationship of the local
31 councils to the statewide council;
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1 5. The relationship of the statewide council to the
2 state agencies that receive and investigate reports of abuse
3 and neglect of clients of state agencies, including the way in
4 which reports of findings and recommendations related to
5 reported abuse or neglect are given to the appropriate state
6 agency that provides client services;
7 6. Provision for cooperation with the State Long-Term
8 Care Ombudsman Council;
9 7. Procedures for appeal. An appeal to the statewide
10 council is made by a local council when a valid complaint is
11 not resolved at the local level. The statewide council may
12 appeal an unresolved complaint to the secretary or director of
13 the appropriate state agency that provides client services.
14 If, after exhausting all remedies, the statewide council is
15 not satisfied that the complaint can be resolved within the
16 state agency, the appeal may be referred to the Governor;
17 8. Uniform procedures for gaining access to and
18 maintaining confidential information; and
19 9. Definitions of misfeasance and malfeasance for
20 members of the statewide council and local councils.
21 (h) Supervising the operations of the local councils
22 and monitoring the performance and activities of all local
23 councils and providing technical assistance to members and
24 staff of local councils.
25 (i) Providing for the development and presentation of
26 a standardized training program for members of local councils.
27 (j) Developing and maintaining interagency agreements
28 between the council and the state agencies providing client
29 services. The interagency agreements shall address the
30 coordination of efforts and identify the roles and
31 responsibilities of the statewide and local councils and each
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1 agency in fulfillment of their responsibilities, including
2 access to records.
3 (8)(a) In the performance of its duties, the statewide
4 council shall have:
5 1. Authority to receive, investigate, seek to
6 conciliate, hold hearings on, and act on complaints that
7 allege any abuse or deprivation of constitutional or human
8 rights of persons who receive client services from any state
9 agency.
10 2. Access to all client records, files, and reports
11 from any program, service, or facility that is operated,
12 funded, or contracted by any state agency that provides client
13 services and any records that are material to its
14 investigation and are in the custody of any other agency or
15 department of government. The council's investigation or
16 monitoring shall not impede or obstruct matters under
17 investigation by law enforcement agencies or judicial
18 authorities. Access shall not be granted if a specific
19 procedure or prohibition for reviewing records is required by
20 federal law and regulation that supersedes state law. Access
21 shall not be granted to the records of a private licensed
22 practitioner who is providing services outside the state
23 agency, or outside a state facility, and whose client is
24 competent and refuses disclosure.
25 3. Standing to petition the circuit court for access
26 to client records that are confidential as specified by law.
27 The petition shall state the specific reasons for which the
28 council is seeking access and the intended use of such
29 information. The circuit court may authorize council access
30 to the such records upon a finding that such access is
31 directly related to an investigation regarding the possible
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1 deprivation of constitutional or human rights or the abuse of
2 a client. Original client files, agency records, and reports
3 may shall not be removed from a state agency, but copies must
4 be provided to the council and the local councils at the
5 agency's expense. Under no circumstance shall the council
6 have access to confidential adoption records once the adoption
7 is finalized by a court in accordance with ss. 39.0132,
8 63.022, and 63.162. Upon completion of a general
9 investigation of practices and procedures of a state agency,
10 the statewide council shall report its findings to that
11 agency.
12 (b) All information obtained or produced by the
13 statewide council that is made confidential by law, that
14 relates to the identity of any client or group of clients
15 subject to the protections of this section, or that relates to
16 the identity of an individual who provides information to the
17 council about abuse or about alleged violations of
18 constitutional or human rights, is confidential and exempt
19 from s. 119.07(1) and s. 24(a), Art. I of the State
20 Constitution.
21 (c) Portions of meetings of the statewide council that
22 relate to the identity of any client or group of clients
23 subject to the protections of this section, that relate to the
24 identity of an individual who provides information to the
25 council about abuse or about alleged violations of
26 constitutional or human rights, or wherein testimony is
27 provided relating to records otherwise made confidential by
28 law, are exempt from s. 286.011 and s. 24(b), Art. I of the
29 State Constitution.
30 (d) All records prepared by members of the statewide
31 council that reflect a mental impression, investigative
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1 strategy, or theory are exempt from s. 119.07(1) and s. 24(a),
2 Art. I of the State Constitution until the investigation is
3 completed or until the investigation ceases to be active. For
4 purposes of this section, an investigation is considered
5 "active" while the such investigation is being conducted by
6 the statewide council with a reasonable, good faith belief
7 that it may lead to a finding of abuse or of a violation of
8 human rights. An investigation does not cease to be active so
9 long as the statewide council is proceeding with reasonable
10 dispatch and there is a good faith belief that action may be
11 initiated by the council or other administrative or law
12 enforcement agency.
13 (e) Any person who knowingly and willfully discloses
14 any such confidential information commits a misdemeanor of the
15 second degree, punishable as provided in s. 775.082 or s.
16 775.083.
17 Section 3. Section 402.166, Florida Statutes, is
18 amended to read:
19 402.166 Florida local advocacy councils; confidential
20 records and meetings.--
21 (1) Each district human rights advocacy committee
22 within each service area of the Department of Children and
23 Family Services is redesignated as the Florida Local Advocacy
24 Council. The local councils are subject to direction from and
25 the supervision of the statewide council. The statewide
26 council Department of Children and Family Services shall
27 assign staff to provide administrative support to the local
28 councils, and staff assigned to these positions shall perform
29 the functions required by the local councils without
30 interference from the department. The local councils shall
31 direct the activities of staff assigned to them to the extent
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1 necessary for the local councils to carry out their duties.
2 The number and areas of responsibility of the local councils,
3 not to exceed 46 councils statewide, shall be determined by
4 the statewide council and shall be consistent with judicial
5 circuit boundaries. Local councils shall meet at facilities
6 under their jurisdiction whenever possible.
7 (2) Each local council shall have no fewer than 7
8 members and no more than 15 members, no more than 4 of whom
9 are or have been recipients of one or more client services
10 within the last 4 years, except that one member of this group
11 may be an immediate relative or legal representative of a
12 current or former client; two providers who deliver client
13 services as defined in s. 402.164(2); and two representatives
14 of professional organizations, one of whom represents the
15 health-related professions and one of whom represents the
16 legal profession. Priority of consideration shall be given to
17 the appointment of at least one medical or osteopathic
18 physician, as defined in chapters 458 and 459, and one member
19 in good standing of The Florida Bar. Priority of consideration
20 shall also be given to the appointment of an individual who is
21 receiving client services and whose primary interest,
22 experience, or expertise lies with a major client group not
23 represented on the local council at the time of the
24 appointment. A person who is employed in client services by
25 any state agency may not be appointed to the local council. No
26 more than three individuals who are providing contracted
27 services for clients to any state agency may serve on the same
28 local council at the same time. Persons related to each other
29 by consanguinity or affinity within the third degree may not
30 serve on the same local council at the same time. All members
31 of local councils must successfully complete a standardized
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1 training course for council members within 3 months after
2 their appointment to a local council. A member may not be
3 assigned to an investigation that requires access to
4 confidential information prior to the completion of the
5 training course. After he or she completes the required
6 training course, a member of a local council may not be
7 prevented from participating in any activity of that local
8 council, including investigations and monitoring, except due
9 to a conflict of interest as described in the procedures
10 established by the statewide council under pursuant to
11 subsection (7).
12 (3)(a) With respect to existing local councils, each
13 member shall serve a term of 4 years. Upon expiration of a
14 term and in the case of any other vacancy, the local council
15 shall appoint a replacement by majority vote of the local
16 council, subject to the approval of the Governor. A member
17 may serve no more than two full consecutive terms.
18 (b)1. The Governor shall appoint the first four
19 members of any newly created local council; and those four
20 members shall select the remaining members, subject to
21 approval of the Governor. If any of the first four members
22 are not appointed within 60 days after a request is submitted
23 to the Governor, those members may be appointed by a majority
24 vote of the statewide council without further action by the
25 Governor.
26 2. Members shall serve for no more than two full
27 consecutive terms of 4 years, except that at the time of
28 initial appointment, terms shall be staggered so that
29 approximately one-half of the members first appointed shall
30 serve for terms of 4 years and the remaining members shall
31
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1 serve for terms of 2 years. Vacancies shall be filled as
2 provided in subparagraph 1.
3 (c) If no action is taken by the Governor to approve
4 or disapprove a replacement of a member under pursuant to this
5 subsection within 60 30 days after the local council has
6 notified the Governor of the appointment, then the appointment
7 of the replacement may be considered approved by the Governor
8 statewide council.
9 (4) Each local council shall elect a chair and a vice
10 chair for a term of 1 year. A person may not serve as chair or
11 vice chair for more than two consecutive terms. The chair's
12 and vice chair's terms expire on September 30 of each year.
13 (5) If a local council member fails to attend
14 two-thirds of the regular local council meetings during the
15 course of a year, the local council may replace the member.
16 If a member of a local council violates this section or
17 procedures adopted under this section, the local council may
18 recommend to the Governor that the member be removed.
19 (6) A member of a local council shall receive no
20 compensation but is entitled to be reimbursed for per diem and
21 travel expenses as provided in s. 112.061. Members may be
22 provided reimbursement for long-distance telephone calls if
23 the such calls were necessary to an investigation of an abuse
24 or deprivation of constitutional or human rights.
25 (7) A local council shall first seek to resolve a
26 complaint with the appropriate local administration, agency,
27 or program; any matter not resolved by the local council shall
28 be referred to the statewide council. A local council shall
29 comply with appeal procedures established by the statewide
30 council. The duties, actions, and procedures of both new and
31 existing local councils shall conform to ss. 402.164-402.167.
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1 The duties of each local council shall include, but are not
2 limited to:
3 (a) Serving as an independent third-party mechanism
4 for protecting the constitutional and human rights of any
5 client within a program or facility operated, funded, or
6 contracted by a state agency providing client services in the
7 local services area.
8 (b) Monitoring by site visit and access to inspection
9 of records the delivery and use of services, programs, or
10 facilities operated, funded, or contracted by a state agency
11 that provides client services, for the purpose of preventing
12 abuse or deprivation of the constitutional and human rights of
13 clients. A local council may conduct an unannounced site
14 visit or monitoring visit that involves access to the
15 inspection of records if the visit is conditioned upon a
16 complaint. A complaint may be generated by the council itself
17 if information from a state agency that provides client
18 services or from other sources indicates a situation at the
19 program or facility that indicates possible abuse or neglect
20 or deprivation of constitutional and human rights of clients.
21 The local council shall follow uniform criteria established by
22 the statewide council for the review of information and
23 generation of complaints. Routine program monitoring and
24 reviews that do not require an examination of records may be
25 made unannounced.
26 (c) Receiving, investigating, and resolving reports of
27 abuse or deprivation of constitutional and human rights by a
28 state agency or contracted service provider in the local
29 service area.
30 (d) Reviewing and making recommendations regarding how
31 a client's constitutional or human rights might be affected by
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1 the client's participation in a proposed research project,
2 prior to implementation of the project.
3 (e) Reviewing existing programs and proposed new or
4 revised programs of client services and making recommendations
5 as to how these programs and services affect or might affect
6 the constitutional or human rights of clients.
7 (e)(f) Appealing to the statewide council any
8 complaint unresolved at the local level. Any matter that
9 constitutes a threat to the life, safety, or health of a
10 client or is multiservice area multidistrict in scope shall
11 automatically be referred to the statewide council.
12 (f)(g) Submitting an annual report by September 30 to
13 the statewide council concerning activities, recommendations,
14 and complaints reviewed or developed by the local council
15 during the year.
16 (g)(h) Conducting meetings at least six times a year
17 at the call of the chair and at other times at the call of the
18 Governor, at the call of the statewide council, or by written
19 request of a majority of the members of the local council.
20 (8)(a) In the performance of its duties, a local
21 council shall have the same authority to access client
22 records, state agency files, reports from any program or
23 service, records of contractors and providers, and records
24 from any facility operated, funded, or under contract with a
25 state agency as specified in s. 402.165(8)(a):
26 1. Access to all client records, files, and reports
27 from any program, service, or facility that is operated,
28 funded, or contracted by any state agency that provides client
29 services and any records that are material to its
30 investigation and are in the custody of any other agency or
31 department of government. The council's investigation or
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1 monitoring shall not impede or obstruct matters under
2 investigation by law enforcement agencies or judicial
3 authorities. Access shall not be granted if a specific
4 procedure or prohibition for reviewing records is required by
5 federal law and regulation that supersedes state law. Access
6 shall not be granted to the records of a private licensed
7 practitioner who is providing services outside state agencies
8 and facilities and whose client is competent and refuses
9 disclosure.
10 2. Standing to petition the circuit court for access
11 to client records that are confidential as specified by law.
12 The petition shall state the specific reasons for which the
13 council is seeking access and the intended use of such
14 information. The court may authorize access to such records
15 upon a finding that such access is directly related to an
16 investigation regarding the possible deprivation of
17 constitutional or human rights or the abuse of a client.
18 Original client files, records, and reports shall not be
19 removed from a state agency. Upon no circumstances shall the
20 council have access to confidential adoption records once the
21 adoption is finalized in court in accordance with ss. 39.0132,
22 63.022, and 63.162. Upon completion of a general investigation
23 of practices and procedures followed by a state agency in
24 providing client services, the council shall report its
25 findings to the appropriate state agency.
26 (b) All information obtained or produced by a local
27 council that is made confidential by law, that relates to the
28 identity of any client or group of clients subject to the
29 protection of this section, or that relates to the identity of
30 an individual who provides information to the local council
31 about abuse or about alleged violations of constitutional or
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1 human rights, is confidential and exempt from s. 119.07(1) and
2 s. 24(a), Art. I of the State Constitution.
3 (c) Portions of meetings of a local council that
4 relate to the identity of any client or group of clients
5 subject to the protections of this section, that relate to the
6 identity of an individual who provides information to the
7 local council about abuse or about alleged violations of
8 constitutional or human rights, or when wherein testimony is
9 provided relating to records otherwise made confidential by
10 law, are exempt from s. 286.011 and s. 24(b), Art. I of the
11 State Constitution.
12 (d) All records prepared by members of a local council
13 that reflect a mental impression, investigative strategy, or
14 theory are exempt from s. 119.07(1) and s. 24(a), Art. I of
15 the State Constitution until the investigation is completed or
16 until the investigation ceases to be active. For purposes of
17 this section, an investigation is considered "active" while
18 the such investigation is being conducted by a local council
19 with a reasonable, good faith belief that it may lead to a
20 finding of abuse or of a violation of constitutional or human
21 rights. An investigation does not cease to be active so long
22 as the local council is proceeding with reasonable dispatch
23 and there is a good faith belief that action may be initiated
24 by the local council or other administrative or law
25 enforcement agency.
26 (e) Any person who knowingly and willfully discloses
27 any such confidential information commits a misdemeanor of the
28 second degree, punishable as provided in s. 775.082 or s.
29 775.083.
30 Section 4. Section 402.167, Florida Statutes, is
31 amended to read:
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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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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 January 1, 2005.
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