Senate Bill 2808 (2004) - The Florida Senate

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CS/CS/SB 2808: Children & Family Services Dept.

GENERAL BILL by Judiciary ; Children and Families ; Lynn

Children & Family Services Dept.; requires risk assessment of child & family to be commenced immediately upon receipt of abuse report; exempts hearings of AHCA from requirement of being conducted by administrative law judge; establishes Agency for Persons with Disabilities for purpose of providing services to persons with developmental disabilities, including institutional services; authorizes agency to contract for certification of behavioral analysts, etc. Amends FS.

Effective Date: 07/01/2004 except as otherwise provided
Last Action: 4/30/2004 Senate - Died on Calendar, Link/Iden/Sim/Compare passed, refer to HB 723 (Ch. 2004-356), HB 1823 (Ch. 2004-267)
Bill Text: Web Page | PDF

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Bill History

Date	Chamber	Action
3/2/2004	Senate	• Filed
3/16/2004	Senate	• Introduced, referred to Children and Families; Judiciary; Appropriations Subcommittee on Health and Human Services; Appropriations -SJ 00318
3/25/2004	Senate	• On Committee agenda-- Children and Families, 03/30/04, 3:30 pm, 37-S
3/30/2004	Senate	• CS by Children and Families; YEAS 6 NAYS 0 -SJ 00490; CS read first time on 04/01/04 -SJ 00498
4/1/2004	Senate	• Now in Judiciary -SJ 00490
4/14/2004	Senate	• On Committee agenda-- Judiciary, 04/19/04, 11:30 am, 110-S
4/19/2004	Senate	• CS/CS by Judiciary; YEAS 8 NAYS 0 -SJ 00749; CS read first time on 04/22/04 -SJ 00754
4/22/2004	Senate	• Now in Appropriations Subcommittee on Health and Human Services -SJ 00749
4/26/2004	Senate	• Withdrawn from Appropriations Subcommittee on Health and Human Services; Appropriations -SJ 00991; Placed on Calendar, on second reading
4/30/2004	Senate	• Died on Calendar, Link/Iden/Sim/Compare passed, refer to HB 723 (Ch. 2004-356), HB 1823 (Ch. 2004-267)

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CS/CS/SB 2808, Committee Substitute 2 (Current Bill Version) Posted 4/22/2004 at 9:24 AM

Bill Text:	Web Page \| PDF

Analyses:	Judiciary (Post-Meeting) 4/21/2004 (pdf)

Related Bills (13)

Bill Number	Subject	Filed By	Relationship	Last Action and Location
H 279		Mealor	Compare	Last Action: 4/30/2004 H Died in Committee on Appropriations, Link/Iden/Sim/Compare passed, refer to HB 723 (Ch. 2004-356) Location:
H 721	Sexual Misconduct	Murman	Compare	Last Action: 2/19/2004 H Withdrawn from The Future of Florida's Families; Public Safety & Crime Prevention; Public Safety Appropriations (AP); Appropriations; Withdrawn prior to introduction,Link/Iden/Sim/Compare passed, refer to HB 1823 (Ch. 2004-267) -HJ 00061 Location:
H 723 (e2)		Murman	Compare	Last Action: 6/23/2004 Approved by Governor; Chapter No. 2004-356 Location:
H 1823 (e1)		The Future of Florida's Families	Compare	Last Action: 5/28/2004 Approved by Governor; Chapter No. 2004-267; See also HB 1837 (Ch. 2004-269) Location:
H 1903	State's Social & Economic Programs	The Future of Florida's Families	Compare	Last Action: 4/30/2004 S In Messages; Died in Messages, Link/Iden/Sim/Compare passed, refer to HB 1823 (Ch. 2004-267) Location:
S 1232 (c2)	Abused & Neglected Children/Educ.	Atwater	Compare	Last Action: 4/30/2004 H Died in Committee on Appropriations, Link/Iden/Sim/Compare passed, refer to HB 723 (Ch. 2004-356) Location:
S 1248 (c1)	State Financial Matters Management	Pruitt	Compare	Last Action: 4/30/2004 S Died in Committee on Rules and Calendar, Link/Iden/Sim/Compare passed, refer to HB 1823 (Ch. 2004-267), HB 1863 (Ch. 2004-245), CS/SB 2448 (Ch. 2004-350), CS/SB 2644 (Ch. 2004-234) Location:
S 1276 (e1)	Health Care	Peaden	Compare	Last Action: 4/2/2004 S Read third time -SJ 00520; Amendment pending -SJ 00520; Pending amendment withdrawn -SJ 00539; Substituted HB 1843 -SJ 00540; Laid on Table, Link/Iden/Sim/Compare passed, refer to HB 1843 (Ch. 2004-270), HB 1863 (Ch. 2004-245), HB 1865 (Ch. 2004-246), CS/CS/SB 1064 (Ch. 2004-344), CS/SB 2000 (Ch. 2004-1), CS/SB 2448 (Ch. 2004-350) Location:
S 1280 (e1)	Children & Family Services Dept.	Peaden	Compare	Last Action: 4/29/2004 S Substituted HB 1823 -SJ 01374; Laid on Table, Link/Iden/Sim/Compare passed, refer to HB 1823 (Ch. 2004-267), HB 1837 (Ch. 2004-269) Location:
S 1698 (e1)	Foster Care Services	Lynn	Compare	Last Action: 4/29/2004 S Substituted HB 723 -SJ 01360; Laid on Table, Link/Iden/Sim/Compare passed, refer to HB 723 (Ch. 2004-356) Location:
S 1772 (c2)	Sexual Misconduct	Lynn	Compare	Last Action: 4/30/2004 S Died in Committee on Judiciary, Link/Iden/Sim/Compare passed, refer to HB 1823 (Ch. 2004-267) Location:
S 2062	Child Advocacy Center/Pub. Rec.	Smith	Compare	Last Action: 4/30/2004 S Died on Calendar Location:
S 2722 (c2)	State Financial Matters Management	Atwater	Compare	Last Action: 4/30/2004 S Placed on Special Order Calendar -SJ 01392; Died on Calendar, Link/Iden/Sim/Compare passed, refer to HB 1823 (Ch. 2004-267), HB 1863 (Ch. 2004-245), CS/SB 2448 (Ch. 2004-350), CS/SB 2644 (Ch. 2004-234) Location:

Citations - Statutes (126)

Citation	Catchline	Location in Bill Location In Bill Help
20.19	Department of Children and Family Services.
20.197
39.001	Purposes and intent; personnel standards and screening.
39.0016
39.202	Confidentiality of reports and records in cases of child abuse or neglect.
39.301	Initiation of protective investigations.
39.302	Protective investigations of institutional child abuse, abandonment, or neglect.
39.304	Photographs, medical examinations, X rays, and medical treatment of abused, abandoned, or neglected child.
39.701	Judicial review.
39.821	Qualifications of guardians ad litem.
61.21	Parenting course authorized; fees; required attendance authorized; contempt.
92.53	Videotaping of testimony of victim or witness under age 16 or person with mental retardation.
110.1127	Employee security checks.
112.0455	Drug-Free Workplace Act.
120.80	Exceptions and special requirements; agencies.
381.0059	Background screening requirements for school health services personnel.
383.305	Licensure; issuance, renewal, denial, suspension, revocation; fees; background screening.
390.015	Application for license.
393.063	Definitions.
393.064	Prevention.
393.0641	Program for the prevention and treatment of severe self-injurious behavior.
393.065	Application and eligibility determination.
393.0651	Family or individual support plan.
393.0655	Screening of direct service providers.
393.066	Community services and treatment for persons who are developmentally disabled.
393.0661	Home and community-based services delivery system; comprehensive redesign.
393.067	Licensure of residential facilities and comprehensive transitional education programs.
393.0673	Denial, suspension, revocation of license; moratorium on admissions; administrative fines; procedures.
393.0675	Injunctive proceedings authorized.
393.0678	Receivership proceedings.
393.068	Family care program.
393.0695	Provision of in-home subsidies.
393.071	Client fees.
393.075	General liability coverage.
393.11	Involuntary admission to residential services.
393.115	Discharge.
393.12	Capacity; appointment of guardian advocate.
393.125	Hearing rights.
393.13	Personal treatment of persons who are developmentally disabled.
393.135
393.14	Multiyear plan.
393.15	Legislative intent; Community Resources Development Trust Fund.
393.165	Legislative findings.
393.166	Home for special services; licensure; standards.
393.17	Behavioral programs; certification of behavior analysts; fees.
393.22	Transfer of appropriations; barriers to services; financial commitment to programs.
393.501	Rulemaking.
393.502	Family care councils.
393.503	Respite and family care subsidy expenditures; funding.
393.505	Comprehensive day treatment services; demonstration projects.
393.506	Administration of medication.
394.4572	Screening of mental health personnel.
394.4593
394.875	Crisis stabilization units, residential treatment facilities, and residential treatment centers for children and adolescents; authorized services; license required; penalties.
395.0055	Background screening.
395.0199	Private utilization review.
397.405	Exemptions from licensure.
397.451	Background checks of service provider personnel.
400.0255	Resident transfer or discharge; requirements and procedures; hearings.
400.071	Application for license.
400.215	Personnel screening requirement.
400.414	Denial, revocation, or suspension of license; imposition of administrative fine; grounds.
400.4174	Background screening; exemptions.
400.464	Home health agencies to be licensed; expiration of license; exemptions; unlawful acts; penalties.
400.471	Application for license; fee; provisional license; temporary permit.
400.506	Licensure of nurse registries; requirements; penalties.
400.509	Registration of particular service providers exempt from licensure; certificate of registration; regulation of registrants.
400.512	Screening of home health agency personnel; nurse registry personnel; and companions and homemakers.
400.556	Denial, suspension, revocation of license; administrative fines; investigations and inspections.
400.5572	Background screening.
400.6065	Background screening.
400.607	Denial, suspension, or revocation of license; imposition of administrative fine; grounds; injunctions.
400.619	Licensure application and renewal.
400.6194	Denial, revocation, or suspension of a license.
400.801	Homes for special services.
400.805	Transitional living facilities.
400.906	Initial application for license.
400.931	Application for license; fee; provisional license; temporary permit.
400.953	Background screening of home medical equipment provider personnel.
400.962	License required; license application.
400.964	Personnel screening requirement.
400.980	Health care services pools.
400.991	License requirements; background screenings; prohibitions.
402.302	Definitions.
402.305	Licensing standards; child care facilities.
402.3054	Child enrichment service providers.
408.15	Powers of the agency.
408.301	Legislative findings.
408.302	Interagency agreement.
409.175	Licensure of family foster homes, residential child-caring agencies, and child-placing agencies; public records exemption.
409.906	Optional Medicaid services.
409.907	Medicaid provider agreements.
409.912	Cost-effective purchasing of health care.
410.604	Community care for disabled adults program; powers and duties of the department.
415.102	Definitions of terms used in ss. 415.101-415.113.
415.1113	Administrative fines for false report of abuse, neglect, or exploitation of a vulnerable adult.
419.001	Site selection of community residential homes.
420.622	State Office on Homelessness; Council on Homelessness.
420.623	Local coalitions for the homeless.
420.625	Grant-in-aid program.
435.03	Level 1 screening standards.
435.04	Level 2 screening standards.
435.045	Requirements for placement of dependent children.
435.05	Requirements for covered employees.
435.07	Exemptions from disqualification.
464.018	Disciplinary actions.
483.101	Application for clinical laboratory license.
483.30	Licensing of centers.
744.1085	Regulation of professional guardians; application; bond required; educational requirements.
744.309	Who may be appointed guardian of a resident ward.
744.3135	Credit and criminal investigation.
744.474	Reasons for removal of guardian.
914.16	Child abuse and sexual abuse of victims under age 16 or persons with mental retardation; limits on interviews.
914.17	Appointment of advocate for victims or witnesses who are minors or persons with mental retardation.
916.1075
918.16	Sex offenses; testimony of person under age 16 or person with mental retardation; testimony of victim; courtroom cleared; exceptions.
943.053	Dissemination of criminal justice information; fees.
943.0582	Prearrest, postarrest, or teen court diversion program expunction.
943.0585	Court-ordered expunction of criminal history records.
943.059	Court-ordered sealing of criminal history records.
984.01	Purposes and intent; personnel standards and screening.
985.01	Purposes and intent; personnel standards and screening.
985.04	Oaths; records; confidential information.
985.407	Departmental contracting powers; personnel standards and screening.
1002.22	Student records and reports; rights of parents and students; notification; penalty.
1002.36	Florida School for the Deaf and the Blind.

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CS/SB 2808, Committee Substitute 1 Posted 4/1/2004 at 4:47 PM

Bill Text:	Web Page \| PDF

Analyses:	Children and Families (Post-Meeting) 3/12/2004 (pdf)

Committee Votes (1)

Date	Committee	Result
4/19/2004 11:30 AM	Judiciary	8 Yeas - 0 Nays

Citations - Statutes (84)

Citation	Catchline	Location in Bill Location In Bill Help
39.001	Purposes and intent; personnel standards and screening.
39.301	Initiation of protective investigations.
39.302	Protective investigations of institutional child abuse, abandonment, or neglect.
39.304	Photographs, medical examinations, X rays, and medical treatment of abused, abandoned, or neglected child.
39.701	Judicial review.
39.821	Qualifications of guardians ad litem.
61.21	Parenting course authorized; fees; required attendance authorized; contempt.
110.1127	Employee security checks.
112.0455	Drug-Free Workplace Act.
120.80	Exceptions and special requirements; agencies.
381.0059	Background screening requirements for school health services personnel.
383.305	Licensure; issuance, renewal, denial, suspension, revocation; fees; background screening.
390.015	Application for license.
393.063	Definitions.
393.0655	Screening of direct service providers.
393.066	Community services and treatment for persons who are developmentally disabled.
393.067	Licensure of residential facilities and comprehensive transitional education programs.
393.13	Personal treatment of persons who are developmentally disabled.
393.135
394.4572	Screening of mental health personnel.
394.4593
394.875	Crisis stabilization units, residential treatment facilities, and residential treatment centers for children and adolescents; authorized services; license required; penalties.
395.0055	Background screening.
395.0199	Private utilization review.
397.451	Background checks of service provider personnel.
400.0255	Resident transfer or discharge; requirements and procedures; hearings.
400.071	Application for license.
400.215	Personnel screening requirement.
400.414	Denial, revocation, or suspension of license; imposition of administrative fine; grounds.
400.4174	Background screening; exemptions.
400.471	Application for license; fee; provisional license; temporary permit.
400.506	Licensure of nurse registries; requirements; penalties.
400.509	Registration of particular service providers exempt from licensure; certificate of registration; regulation of registrants.
400.512	Screening of home health agency personnel; nurse registry personnel; and companions and homemakers.
400.556	Denial, suspension, revocation of license; administrative fines; investigations and inspections.
400.5572	Background screening.
400.6065	Background screening.
400.607	Denial, suspension, or revocation of license; imposition of administrative fine; grounds; injunctions.
400.619	Licensure application and renewal.
400.6194	Denial, revocation, or suspension of a license.
400.801	Homes for special services.
400.805	Transitional living facilities.
400.906	Initial application for license.
400.931	Application for license; fee; provisional license; temporary permit.
400.953	Background screening of home medical equipment provider personnel.
400.962	License required; license application.
400.964	Personnel screening requirement.
400.980	Health care services pools.
400.991	License requirements; background screenings; prohibitions.
402.302	Definitions.
402.305	Licensing standards; child care facilities.
402.3054	Child enrichment service providers.
408.15	Powers of the agency.
409.175	Licensure of family foster homes, residential child-caring agencies, and child-placing agencies; public records exemption.
409.907	Medicaid provider agreements.
409.912	Cost-effective purchasing of health care.
410.604	Community care for disabled adults program; powers and duties of the department.
415.102	Definitions of terms used in ss. 415.101-415.113.
415.1113	Administrative fines for false report of abuse, neglect, or exploitation of a vulnerable adult.
420.622	State Office on Homelessness; Council on Homelessness.
420.623	Local coalitions for the homeless.
420.625	Grant-in-aid program.
435.03	Level 1 screening standards.
435.04	Level 2 screening standards.
435.045	Requirements for placement of dependent children.
435.05	Requirements for covered employees.
435.07	Exemptions from disqualification.
464.018	Disciplinary actions.
483.101	Application for clinical laboratory license.
483.30	Licensing of centers.
744.1085	Regulation of professional guardians; application; bond required; educational requirements.
744.309	Who may be appointed guardian of a resident ward.
744.3135	Credit and criminal investigation.
744.474	Reasons for removal of guardian.
916.1075
943.053	Dissemination of criminal justice information; fees.
943.0582	Prearrest, postarrest, or teen court diversion program expunction.
943.0585	Court-ordered expunction of criminal history records.
943.059	Court-ordered sealing of criminal history records.
984.01	Purposes and intent; personnel standards and screening.
985.01	Purposes and intent; personnel standards and screening.
985.04	Oaths; records; confidential information.
985.407	Departmental contracting powers; personnel standards and screening.
1002.36	Florida School for the Deaf and the Blind.

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SB 2808, Original Filed Version Posted 3/4/2004 at 3:01 PM

Bill Text:	Web Page \| PDF

Analyses:	None

Committee Votes (1)

Date	Committee	Result
3/30/2004 3:30 PM	Children and Families	6 Yeas - 0 Nays

Citations - Statutes (80)

Citation	Catchline	Location in Bill Location In Bill Help
39.001	Purposes and intent; personnel standards and screening.
39.301	Initiation of protective investigations.
39.701	Judicial review.
39.821	Qualifications of guardians ad litem.
110.1127	Employee security checks.
112.0455	Drug-Free Workplace Act.
120.80	Exceptions and special requirements; agencies.
381.0059	Background screening requirements for school health services personnel.
383.305	Licensure; issuance, renewal, denial, suspension, revocation; fees; background screening.
390.015	Application for license.
393.063	Definitions.
393.0655	Screening of direct service providers.
393.066	Community services and treatment for persons who are developmentally disabled.
393.067	Licensure of residential facilities and comprehensive transitional education programs.
393.135
394.4572	Screening of mental health personnel.
394.4593
394.875	Crisis stabilization units, residential treatment facilities, and residential treatment centers for children and adolescents; authorized services; license required; penalties.
395.0055	Background screening.
395.0199	Private utilization review.
397.451	Background checks of service provider personnel.
400.0255	Resident transfer or discharge; requirements and procedures; hearings.
400.071	Application for license.
400.215	Personnel screening requirement.
400.414	Denial, revocation, or suspension of license; imposition of administrative fine; grounds.
400.4174	Background screening; exemptions.
400.471	Application for license; fee; provisional license; temporary permit.
400.506	Licensure of nurse registries; requirements; penalties.
400.509	Registration of particular service providers exempt from licensure; certificate of registration; regulation of registrants.
400.512	Screening of home health agency personnel; nurse registry personnel; and companions and homemakers.
400.556	Denial, suspension, revocation of license; administrative fines; investigations and inspections.
400.5572	Background screening.
400.6065	Background screening.
400.607	Denial, suspension, or revocation of license; imposition of administrative fine; grounds; injunctions.
400.619	Licensure application and renewal.
400.6194	Denial, revocation, or suspension of a license.
400.801	Homes for special services.
400.805	Transitional living facilities.
400.906	Initial application for license.
400.931	Application for license; fee; provisional license; temporary permit.
400.953	Background screening of home medical equipment provider personnel.
400.962	License required; license application.
400.964	Personnel screening requirement.
400.980	Health care services pools.
400.991	License requirements; background screenings; prohibitions.
402.302	Definitions.
402.305	Licensing standards; child care facilities.
402.3054	Child enrichment service providers.
408.15	Powers of the agency.
409.175	Licensure of family foster homes, residential child-caring agencies, and child-placing agencies; public records exemption.
409.907	Medicaid provider agreements.
409.912	Cost-effective purchasing of health care.
410.604	Community care for disabled adults program; powers and duties of the department.
415.102	Definitions of terms used in ss. 415.101-415.113.
415.1113	Administrative fines for false report of abuse, neglect, or exploitation of a vulnerable adult.
420.622	State Office on Homelessness; Council on Homelessness.
420.623	Local coalitions for the homeless.
420.625	Grant-in-aid program.
435.03	Level 1 screening standards.
435.04	Level 2 screening standards.
435.045	Requirements for placement of dependent children.
435.05	Requirements for covered employees.
435.07	Exemptions from disqualification.
464.018	Disciplinary actions.
483.101	Application for clinical laboratory license.
483.30	Licensing of centers.
744.1085	Regulation of professional guardians; application; bond required; educational requirements.
744.309	Who may be appointed guardian of a resident ward.
744.3135	Credit and criminal investigation.
744.474	Reasons for removal of guardian.
916.1075
943.053	Dissemination of criminal justice information; fees.
943.0582	Prearrest, postarrest, or teen court diversion program expunction.
943.0585	Court-ordered expunction of criminal history records.
943.059	Court-ordered sealing of criminal history records.
984.01	Purposes and intent; personnel standards and screening.
985.01	Purposes and intent; personnel standards and screening.
985.04	Oaths; records; confidential information.
985.407	Departmental contracting powers; personnel standards and screening.
1002.36	Florida School for the Deaf and the Blind.

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