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.


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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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