| 1 | A bill to be entitled |
| 2 | An act relating to advocacy councils; amending s. 402.164, |
| 3 | F.S.; revising definitions; amending s. 402.165, F.S.; |
| 4 | providing that the Florida Statewide Advocacy Council |
| 5 | shall be located in the Office of the Attorney General but |
| 6 | may be assigned by the Legislature for administrative |
| 7 | support purposes to any government agency; providing and |
| 8 | revising membership criteria for the statewide council; |
| 9 | exempting the statewide council from control, supervision, |
| 10 | or direction by any government entity in certain |
| 11 | circumstances; providing an exception to term limits; |
| 12 | providing that members failing to attend two-thirds of |
| 13 | conference call meetings over the course of a year may |
| 14 | have their positions deemed vacant by the council; |
| 15 | authorizing the Attorney General to fill certain vacancies |
| 16 | on the council; revising the nomination process for the |
| 17 | filling of vacancies; authorizing the Attorney General to |
| 18 | select an executive director for the council; requiring |
| 19 | that certain classes and the placement of certain staff |
| 20 | positions be determined in consultation with the statewide |
| 21 | council; requiring the statewide council to establish a |
| 22 | not-for-profit mechanism for securing and receiving |
| 23 | funding, gifts, donations, or grants; requiring the |
| 24 | executive director to annually prepare a budget request |
| 25 | for submission to the Attorney General and the |
| 26 | Legislature; requiring the budget to include certain |
| 27 | information; revising certain responsibilities of the |
| 28 | statewide council; providing that a complaint may be |
| 29 | generated by the council itself after consultation with |
| 30 | the Office of the Attorney General; authorizing meetings |
| 31 | to be conducted at the call of the Attorney General; |
| 32 | authorizing telephone conference calls and providing |
| 33 | notice requirements therefor; requiring the statewide |
| 34 | council to develop and adopt certain procedures; providing |
| 35 | certain supervisory responsibilities for the statewide |
| 36 | council; requiring certain interagency agreements between |
| 37 | the council and the state agencies to be negotiated and |
| 38 | signed at certain times; requiring that certain portions |
| 39 | of meetings be kept confidential; amending s. 402.166, |
| 40 | F.S.; requiring the statewide council to participate in |
| 41 | the selection and assignment of local council staff; |
| 42 | requiring local support staff to work under the direction |
| 43 | and supervision of the executive director in consultation |
| 44 | with certain statewide council members; revising |
| 45 | authorized locations for local council meetings; revising |
| 46 | criteria for local council membership; revising procedures |
| 47 | for the appointment of replacement members; requiring the |
| 48 | Attorney General to appoint the first four members of any |
| 49 | newly created local council; authorizing the local council |
| 50 | to recommend to the Attorney General that certain members |
| 51 | be removed; authorizing reimbursement for long-distance |
| 52 | telephone calls if the calls were necessary to the duties |
| 53 | and responsibilities of the council; authorizing local |
| 54 | councils to self-generate complaints under certain |
| 55 | circumstances; requiring certain matters to be referred to |
| 56 | the statewide council; authorizing the Attorney General to |
| 57 | call meetings; requiring that certain portions of meetings |
| 58 | be kept confidential; amending s. 402.167, F.S.; requiring |
| 59 | secretaries and directors of the state agencies providing |
| 60 | client services relating to the statewide council to |
| 61 | ensure that contract providers are provided with certain |
| 62 | information; providing an effective date. |
| 63 |
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| 64 | Be It Enacted by the Legislature of the State of Florida: |
| 65 |
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| 66 | Section 1. Paragraphs (b) and (c) of subsection (2) of |
| 67 | section 402.164, Florida Statutes, are amended to read: |
| 68 | 402.164 Legislative intent; definitions.-- |
| 69 | (2) As used in ss. 402.164-402.167, the term: |
| 70 | (b) "Client" means a client as defined in s. 393.063, s. |
| 71 | 394.67, s. 397.311, or s. 400.960, a forensic client or client |
| 72 | as defined in s. 916.106, a child or youth as defined in s. |
| 73 | 39.01, a child as defined in s. 827.01, a child, juvenile, or |
| 74 | youth as defined in s. 985.03, a family as defined in s. |
| 75 | 414.0252, a participant as defined in s. 400.551, a resident as |
| 76 | defined in s. 400.402, a Medicaid recipient or recipient as |
| 77 | defined in s. 409.901, a child receiving child care as defined |
| 78 | in s. 402.302, a disabled adult as defined in s. 410.032 or s. |
| 79 | 410.603, or a victim as defined in s. 39.01 or s. 415.102 as |
| 80 | each definition applies within its respective chapter. |
| 81 | (c) "Client services" means health and human services that |
| 82 | are provided to a client by a state agency or a service provider |
| 83 | operated, funded, licensed, regulated, or contracted by the |
| 84 | state. |
| 85 | Section 2. Section 402.165, Florida Statutes, is amended |
| 86 | to read: |
| 87 | 402.165 Florida Statewide Advocacy Council; confidential |
| 88 | records and meetings.-- |
| 89 | (1) The Florida Statewide Advocacy Council shall be |
| 90 | located in the Executive Office of the Attorney General Governor |
| 91 | but may be assigned by the Legislature Governor for |
| 92 | administrative support purposes to any governmental Governor's |
| 93 | agency. Members shall be appointed by the Attorney General from |
| 94 | a list of nominations submitted as follows: four members |
| 95 | nominated by the President of the Senate, three members |
| 96 | nominated by the Speaker of the House of Representatives, three |
| 97 | members nominated by the Governor, two members nominated by the |
| 98 | Chief Financial Officer, and three members nominated by the |
| 99 | statewide council. Should it be deemed necessary to expand the |
| 100 | council to the maximum membership of 20 members, the remaining |
| 101 | five members shall be appointed by the Attorney General and may |
| 102 | be nominated by any of the previously referenced entities. |
| 103 | Members of the council shall represent the interests of clients |
| 104 | who are served by state agencies that provide client services. |
| 105 | In the performance of its duties, the statewide council is not |
| 106 | subject to control, supervision, or direction by any state |
| 107 | agency or government entity providing client services in the |
| 108 | performance of its duties. The council shall consist of not less |
| 109 | than 15 and not more than 20 residents of this state, one from |
| 110 | each service area designated by the statewide council, who |
| 111 | broadly represent the interests of the public and the clients of |
| 112 | the state agencies that provide client services. The members |
| 113 | shall be representative of groups of state residents as follows: |
| 114 | a provider who delivers client services; a nonsalaried |
| 115 | representative of nonprofit agencies or civic groups; a |
| 116 | representative of consumer groups who is currently receiving, or |
| 117 | has received within the past 4 years, one or more client |
| 118 | services within the past 4 years; a representative with social |
| 119 | services experience; a representative with experience in law |
| 120 | enforcement or other professional investigations; and two |
| 121 | residents of the state who do not represent any of the foregoing |
| 122 | groups, but may represent a health-related profession or the |
| 123 | legal profession. In appointing the representative of the |
| 124 | health-related professions, the Attorney General appointing |
| 125 | authority shall give priority of consideration to a physician |
| 126 | licensed under chapter 458 or chapter 459; and, in appointing |
| 127 | the representative of the legal profession, the Attorney General |
| 128 | appointing authority shall give priority of consideration to a |
| 129 | member in good standing of The Florida Bar. Of the remaining |
| 130 | members, no more than one shall be an elected official. Except |
| 131 | for the member who is an elected public official, each candidate |
| 132 | for the statewide council must be given priority consideration |
| 133 | if he or she has completed at least one term served as a member |
| 134 | of a local council or the statewide council. Persons related to |
| 135 | each other by consanguinity or affinity within the third degree |
| 136 | may not serve on the statewide council at the same time. |
| 137 | (2) Members of the statewide council shall be appointed to |
| 138 | serve terms of 4 years. A member may not serve more than two |
| 139 | full consecutive terms, unless recommended by all local councils |
| 140 | in the area and approved by the statewide council. |
| 141 | (3) If a member of the statewide council fails to attend |
| 142 | two-thirds of the regular council meetings and two-thirds of |
| 143 | conference call meetings during the course of a year, the |
| 144 | position held by the member may be deemed vacant by the council. |
| 145 | The Attorney General Governor shall fill the vacancy according |
| 146 | to subsection (4). If a member of the statewide council violates |
| 147 | this section or procedures adopted under this section, the |
| 148 | council may recommend to the Attorney General Governor that the |
| 149 | member be removed. |
| 150 | (4) The Attorney General shall Governor may fill a vacancy |
| 151 | on the statewide council from a list of nominees submitted by |
| 152 | the nomination entities listed in subsection (1) statewide |
| 153 | council or appoint any qualified person. A list of candidates |
| 154 | may be submitted to the nomination entities statewide council by |
| 155 | the statewide council or local councils council in the service |
| 156 | area from which the vacancy occurs. Priority of consideration |
| 157 | shall be given to the appointment of an individual who is |
| 158 | receiving one or more client services and whose primary |
| 159 | interest, experience, or expertise lies with a major client |
| 160 | group that is not represented on the council at the time of the |
| 161 | appointment. If an appointment is not made within 60 days after |
| 162 | a vacancy occurs on the statewide council, the vacancy may be |
| 163 | filled by a majority vote of the statewide council without |
| 164 | further action by the Attorney General Governor. A person who is |
| 165 | employed by any state agency in client services may not be |
| 166 | appointed to the statewide council. |
| 167 | (5)(a) Members of the statewide council shall receive no |
| 168 | compensation, but are entitled to be reimbursed for per diem and |
| 169 | travel expenses in accordance with s. 112.061. |
| 170 | (b) The Attorney General Governor shall select an |
| 171 | executive director who shall serve at the pleasure of the |
| 172 | Attorney General with input from the statewide council Governor |
| 173 | and shall perform the duties delegated to him or her by the |
| 174 | council. Classes and placement of all staff positions needed to |
| 175 | support the statewide and local councils shall be determined in |
| 176 | consultation with the statewide council. The compensation of the |
| 177 | executive director and staff shall be established in accordance |
| 178 | with the rules of the Selected Exempt Service. |
| 179 | (c) The council may apply for, receive, and accept grants, |
| 180 | gifts, donations, bequests, and other payments including money |
| 181 | or property, real or personal, tangible or intangible, and |
| 182 | service from any governmental or other public or private entity |
| 183 | or person and make arrangements as to the use of same. With the |
| 184 | assistance of the Office of the Attorney General, the statewide |
| 185 | council shall establish a not-for-profit mechanism for securing |
| 186 | and receiving such funding, gifts, donations, or grants. |
| 187 | (d) In consultation with the members of the statewide |
| 188 | council, the executive director shall annually prepare a budget |
| 189 | request that, after it is approved by the council, shall be |
| 190 | submitted to the Attorney General for submission to the |
| 191 | Legislature Governor. The budget shall include a request for |
| 192 | funds, including funding for staff, to carry out the activities |
| 193 | and mission of the statewide council and the local councils and |
| 194 | shall include funds for legal expenses as needed by the councils |
| 195 | should access to records be denied, as well as funds for |
| 196 | meetings of the councils and its committees and for required |
| 197 | training. |
| 198 | (6) The members of the statewide council shall elect a |
| 199 | chair and a vice chair to terms of 1 year. A person may not |
| 200 | serve as chair or vice chair for more than two full consecutive |
| 201 | terms. |
| 202 | (7) The responsibilities of the statewide council include, |
| 203 | but are not limited to: |
| 204 | (a) Serving as an independent third-party mechanism for |
| 205 | protecting the constitutional and human rights of clients within |
| 206 | programs or facilities operated, funded, licensed, regulated, or |
| 207 | contracted by any state agency that provides client services. |
| 208 | (b) Monitoring, by site visit and through access to |
| 209 | records, the delivery and use of services, programs, or |
| 210 | facilities operated, funded, licensed, regulated, or contracted |
| 211 | by any state agency that provides client services, for the |
| 212 | purpose of preventing abuse or deprivation of the constitutional |
| 213 | and human rights of clients. The statewide council may conduct |
| 214 | an unannounced site visit or monitoring visit that involves the |
| 215 | inspection of records if the visit is conditioned upon a |
| 216 | complaint. A complaint may be generated by the council itself, |
| 217 | after consulting with the Attorney General's Governor's office, |
| 218 | if information from any state agency that provides client |
| 219 | services or from other sources indicates a situation at the |
| 220 | program or facility that indicates possible abuse, or neglect, |
| 221 | or deprivation of the constitutional or and human rights of |
| 222 | clients. The statewide council shall establish and follow |
| 223 | uniform criteria for the review of information and generation of |
| 224 | complaints. Routine program monitoring and reviews that do not |
| 225 | require an examination of records may be made unannounced. |
| 226 | (c) Receiving, investigating, and resolving reports of |
| 227 | abuse or deprivation of constitutional or and human rights |
| 228 | referred to the statewide council by a local council. If a |
| 229 | matter constitutes a threat to the life, safety, or health of |
| 230 | clients or is multiservice-area in scope, the statewide council |
| 231 | may exercise its powers without the necessity of a referral from |
| 232 | a local council. |
| 233 | (d) Reviewing existing programs or services and new or |
| 234 | revised programs of the state agencies that provide client |
| 235 | services and making recommendations as to how the rights of |
| 236 | clients are affected. |
| 237 | (e) Submitting an annual report to the Legislature, no |
| 238 | later than December 30 of each calendar year, concerning |
| 239 | activities, recommendations, and complaints reviewed or |
| 240 | developed by the council during the year. |
| 241 | (f) Conducting meetings at least six times a year at the |
| 242 | call of the chair and at other times at the call of the Attorney |
| 243 | General Governor or by written request of six members of the |
| 244 | council. Telephone conference calls shall be advertised for |
| 245 | weekly meetings and shall be held as deemed necessary for the |
| 246 | purpose of statewide council executive committee, full council, |
| 247 | or standing or special committee meetings. Should the need |
| 248 | arise, the chair may call for a full council meeting at the time |
| 249 | of any scheduled conference call as well as authorize conference |
| 250 | call use for other meetings as requested. Conference call |
| 251 | meetings shall not be included in the required six meetings a |
| 252 | year, but some of the required meetings may be workshop meetings |
| 253 | attended by only statewide council members. |
| 254 | (g) Developing and adopting uniform procedures to be used |
| 255 | to carry out the purpose and responsibilities of the statewide |
| 256 | council and the local councils. These procedures shall include |
| 257 | the duties and responsibilities of the statewide and local |
| 258 | council members as well as the state and local council staffs. |
| 259 | (h) Supervising the operations of the local councils and |
| 260 | monitoring the performance and activities of all local councils |
| 261 | and providing direction and technical assistance to members of |
| 262 | local councils. The statewide council supervisory responsibility |
| 263 | shall include the development and adoption of procedures for |
| 264 | disciplinary action, suspension, and recommendation to the |
| 265 | Attorney General for removal if indicated. |
| 266 | (i) Providing for the development and presentation of a |
| 267 | standardized training program for members of the statewide and |
| 268 | local councils. |
| 269 | (j) Developing and maintaining interagency agreements |
| 270 | between the council and the state agencies providing client |
| 271 | services. The interagency agreements shall address the |
| 272 | coordination of efforts and identify the roles and |
| 273 | responsibilities of the statewide and local councils and each |
| 274 | agency in fulfillment of their responsibilities, including |
| 275 | access to records for the purpose of carrying out investigatory |
| 276 | and monitoring responsibilities. Such agreements shall be |
| 277 | negotiated and signed annually or at other times as deemed |
| 278 | necessary by the council. |
| 279 | (8)(a) In the performance of its duties, the statewide |
| 280 | council shall have: |
| 281 | 1. Authority to receive, investigate, seek to conciliate, |
| 282 | hold hearings on, and act on complaints that allege any abuse or |
| 283 | deprivation of constitutional or human rights of persons who |
| 284 | receive or have been denied client services from any state |
| 285 | agency. |
| 286 | 2. Access to all client records, files, and reports from |
| 287 | any program, service, or facility that is operated, funded, |
| 288 | licensed, regulated, or contracted by any state agency that |
| 289 | provides client services and any records that are material to |
| 290 | its investigation and are in the custody of any other agency or |
| 291 | department of government. The council's investigation or |
| 292 | monitoring shall not impede or obstruct matters under |
| 293 | investigation by law enforcement agencies or judicial |
| 294 | authorities. Access shall not be granted if a specific procedure |
| 295 | or prohibition for reviewing records is required by federal law |
| 296 | and regulation that supersedes state law. Access shall not be |
| 297 | granted to the records of a private licensed practitioner who is |
| 298 | providing services outside the state agency, or outside a state |
| 299 | facility, and whose client is competent and refuses disclosure. |
| 300 | 3. Standing to petition the circuit court for access to |
| 301 | client records that are confidential as specified by law or in |
| 302 | instances in which access is denied. The petition shall state |
| 303 | the specific reasons for which the council is seeking access and |
| 304 | the intended use of such information. The circuit court may |
| 305 | authorize council access to the records upon a finding that |
| 306 | access is directly related to an investigation regarding the |
| 307 | possible deprivation of constitutional or human rights or the |
| 308 | abuse of a client. Original client files, agency records, and |
| 309 | reports may not be removed from a state agency, but copies must |
| 310 | be provided to the council and the local councils at the |
| 311 | agency's expense. Under no circumstance shall the council have |
| 312 | access to confidential adoption records once the adoption is |
| 313 | finalized by a court in accordance with ss. 39.0132, 63.022, and |
| 314 | 63.162. Upon completion of a general investigation of practices |
| 315 | and procedures of a state agency, the statewide council shall |
| 316 | report its findings to that agency. |
| 317 | (b) All information obtained or produced by the statewide |
| 318 | council that is made confidential by law, that relates to the |
| 319 | identity of any client or group of clients subject to the |
| 320 | protections of this section, or that relates to the identity of |
| 321 | an individual who provides information to the council about |
| 322 | abuse or about alleged violations of constitutional or human |
| 323 | rights, is confidential and exempt from s. 119.07(1) and s. |
| 324 | 24(a), Art. I of the State Constitution. |
| 325 | (c) Portions of meetings of the statewide council that |
| 326 | relate to the identity of any client or group of clients subject |
| 327 | to the protections of this section, that relate to the identity |
| 328 | of an individual who provides information to the council about |
| 329 | abuse or about alleged violations of constitutional or human |
| 330 | rights, or wherein testimony is provided relating to records |
| 331 | otherwise made confidential by law, are exempt from s. 286.011 |
| 332 | and s. 24(b), Art. I of the State Constitution. |
| 333 | (d) All records prepared by members of the statewide |
| 334 | council that reflect a mental impression, investigative |
| 335 | strategy, or theory are exempt from s. 119.07(1) and s. 24(a), |
| 336 | Art. I of the State Constitution until the investigation is |
| 337 | completed or until the investigation ceases to be active; |
| 338 | however, portions of the record considered confidential by |
| 339 | paragraph (c) shall remain confidential. For purposes of this |
| 340 | section, an investigation is considered "active" while the |
| 341 | investigation is being conducted by the statewide council with a |
| 342 | reasonable, good faith belief that it may lead to a finding of |
| 343 | abuse or of a violation of human rights. An investigation does |
| 344 | not cease to be active so long as the statewide council is |
| 345 | proceeding with reasonable dispatch and there is a good faith |
| 346 | belief that action may be initiated by the council or other |
| 347 | administrative or law enforcement agency. |
| 348 | (e) Any person who knowingly and willfully discloses any |
| 349 | confidential information commits a misdemeanor of the second |
| 350 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 351 | Section 3. Section 402.166, Florida Statutes, is amended |
| 352 | to read: |
| 353 | 402.166 Florida local advocacy councils; confidential |
| 354 | records and meetings.-- |
| 355 | (1) The local councils are subject to direction from and |
| 356 | the supervision of the statewide council. The statewide council |
| 357 | shall participate in the selection and assignment of assign |
| 358 | staff to provide support to the local councils. Local support |
| 359 | staff shall work under the direction and supervision of the |
| 360 | executive director in consultation with the statewide council |
| 361 | members assigned to the area. The number and areas of |
| 362 | responsibility of the local councils, not to exceed 46 councils |
| 363 | statewide, shall be determined by the statewide council and |
| 364 | shall be consistent with judicial circuit boundaries agreed upon |
| 365 | by the statewide council and the Attorney General. Local |
| 366 | councils shall meet at facilities or program or service centers |
| 367 | under their jurisdiction whenever possible. |
| 368 | (2) Each local council shall have no fewer than 7 members |
| 369 | and no more than 15 members, no more than 4 of whom are |
| 370 | currently receiving, or have received within the past 4 years, |
| 371 | been recipients of one or more client services within the last 4 |
| 372 | years, except that one member of this group may be an immediate |
| 373 | relative or legal representative of a current or former client; |
| 374 | one representative with experience in the social services field; |
| 375 | one representative with experience in law enforcement or other |
| 376 | professional investigations; two providers who deliver client |
| 377 | services as defined in s. 402.164(2); and two representatives of |
| 378 | professional organizations, one of whom represents the health- |
| 379 | related professions and one of whom represents the legal |
| 380 | profession. Priority of consideration shall be given to the |
| 381 | appointment of at least one medical or osteopathic physician, as |
| 382 | defined in chapters 458 and 459, and one member in good standing |
| 383 | of The Florida Bar. Priority of consideration shall also be |
| 384 | given to the appointment of an individual who is receiving |
| 385 | client services and whose primary interest, experience, or |
| 386 | expertise lies with a major client group not represented on the |
| 387 | local council at the time of the appointment. A person who is |
| 388 | employed in client services by any state agency may not be |
| 389 | appointed to the local council. No more than three individuals |
| 390 | who are providing contracted services for clients to any state |
| 391 | agency may serve on the same local council at the same time. |
| 392 | Persons related to each other by consanguinity or affinity |
| 393 | within the third degree may not serve on the same local council |
| 394 | at the same time. All members of local councils must |
| 395 | successfully complete a standardized training course for council |
| 396 | members within 3 months after their appointment to a local |
| 397 | council. A member may not be assigned to an investigation that |
| 398 | requires access to confidential information prior to the |
| 399 | completion of the training course. After he or she completes the |
| 400 | required training course, a member of a local council may not be |
| 401 | prevented from participating in any activity of that local |
| 402 | council, including investigations and monitoring, except due to |
| 403 | a conflict of interest as described in the procedures |
| 404 | established by the statewide council under subsection (7). |
| 405 | (3)(a) With respect to existing local councils, each |
| 406 | member shall serve a term of 4 years. Upon expiration of a term |
| 407 | and in the case of any other vacancy, the local council shall |
| 408 | appoint a replacement by majority vote of the local council, |
| 409 | subject to the approval of the Attorney General Governor. A |
| 410 | member may serve no more than two full consecutive terms but may |
| 411 | subsequently be appointed to another local council in the same |
| 412 | service area. |
| 413 | (b)1. The Attorney General Governor shall appoint the |
| 414 | first four members of any newly created local council,; and |
| 415 | those four members shall select the remaining members, subject |
| 416 | to approval of the Attorney General Governor. If any of the |
| 417 | first four members are not appointed within 60 days after a |
| 418 | request is submitted to the Attorney General Governor, those |
| 419 | members may be appointed by a majority vote of the statewide |
| 420 | council without further action by the Attorney General Governor. |
| 421 | 2. Members shall serve for no more than two full |
| 422 | consecutive terms of 4 years, except that at the time of initial |
| 423 | appointment, terms shall be staggered so that approximately one- |
| 424 | half of the members first appointed shall serve for terms of 4 |
| 425 | years and the remaining members shall serve for terms of 2 |
| 426 | years. Vacancies shall be filled as provided in subparagraph 1. |
| 427 | (c) If no action is taken by the Attorney General Governor |
| 428 | to approve or disapprove a replacement of a member under this |
| 429 | subsection within 60 days after the local council has notified |
| 430 | the Attorney General Governor of the appointment, then the |
| 431 | appointment of the replacement may be considered approved by the |
| 432 | Attorney General Governor. |
| 433 | (4) Each local council shall elect a chair and a vice |
| 434 | chair for a term of 1 year. A person may not serve as chair or |
| 435 | vice chair for more than two consecutive terms. The chair's and |
| 436 | vice chair's terms expire on September 30 of each year. |
| 437 | (5) If a local council member fails to attend two-thirds |
| 438 | of the regular local council meetings during the course of a |
| 439 | year, the local council may replace the member. If a member of a |
| 440 | local council violates this section or procedures adopted under |
| 441 | this section, the local council may recommend to the Attorney |
| 442 | General Governor that the member be removed. |
| 443 | (6) A member of a local council shall receive no |
| 444 | compensation but is entitled to be reimbursed for per diem and |
| 445 | travel expenses as provided in s. 112.061. Members may be |
| 446 | provided reimbursement for long-distance telephone calls if the |
| 447 | calls were necessary to an investigation of an abuse or |
| 448 | deprivation of constitutional or human rights or to the duties |
| 449 | and responsibilities of the council. |
| 450 | (7) A local council shall first seek to resolve a |
| 451 | complaint with the appropriate local administration, agency, or |
| 452 | program; any matter not resolved by the local council shall be |
| 453 | referred to the statewide council. A local council shall comply |
| 454 | with appeal procedures established by the statewide council. The |
| 455 | duties, actions, and procedures of both new and existing local |
| 456 | councils shall conform to ss. 402.164-402.167. The duties of |
| 457 | each local council shall include, but are not limited to: |
| 458 | (a) Serving as an independent third-party mechanism for |
| 459 | protecting the constitutional and human rights of any client |
| 460 | within a program or facility operated, funded, licensed, |
| 461 | regulated, or contracted by a state agency providing client |
| 462 | services in the local services area. |
| 463 | (b) Monitoring by site visit and access to records the |
| 464 | delivery and use of services, programs, or facilities operated, |
| 465 | funded, licensed, regulated, or contracted by a state agency |
| 466 | that provides client services, for the purpose of preventing |
| 467 | abuse or deprivation of the constitutional and human rights of |
| 468 | clients. A local council may conduct an unannounced site visit |
| 469 | or monitoring visit that involves access to records if the visit |
| 470 | is conditioned upon a complaint. A complaint may be generated by |
| 471 | the council itself if information from a state agency that |
| 472 | provides client services or from other sources indicates a |
| 473 | situation at the program or facility that indicates possible |
| 474 | abuse, or neglect, or deprivation of constitutional or and human |
| 475 | rights of clients. Local councils may self-generate complaints |
| 476 | based on local media reports, investigations, reports received |
| 477 | from state agencies or others, monitoring visits, or other |
| 478 | indications of a possible or potential problem. The local |
| 479 | council shall follow uniform criteria established by the |
| 480 | statewide council for the review of information and generation |
| 481 | of complaints. Routine program monitoring and reviews that do |
| 482 | not require an examination of records may be made unannounced. |
| 483 | (c) Receiving, investigating, and resolving reports of |
| 484 | abuse or deprivation of constitutional or and human rights by a |
| 485 | state agency or contracted service provider in the local service |
| 486 | area. |
| 487 | (d) Reviewing and making recommendations regarding how a |
| 488 | client's constitutional or human rights might be affected by the |
| 489 | client's participation in a proposed research project, prior to |
| 490 | implementation of the project. |
| 491 | (e) Appealing to the statewide council any complaint |
| 492 | unresolved at the local level. Any matter that constitutes a |
| 493 | threat to the life, safety, or health of a client or is |
| 494 | multiservice-area in scope shall automatically be referred to |
| 495 | the statewide council. Matters that appear to be indicative of a |
| 496 | multiservice-area or statewide problem shall also be referred to |
| 497 | the statewide council. |
| 498 | (f) Submitting an annual report by September 30 to the |
| 499 | statewide council concerning activities, recommendations, and |
| 500 | complaints reviewed or developed by the local council during the |
| 501 | year. |
| 502 | (g) Conducting meetings at least six times a year at the |
| 503 | call of the chair and at other times at the call of the Attorney |
| 504 | General Governor, at the call of the statewide council, or by |
| 505 | written request of a majority of the members of the local |
| 506 | council. |
| 507 | (8)(a) In the performance of its duties, a local council |
| 508 | shall have the same authority to access client records, state |
| 509 | agency files, reports from any program or service, records of |
| 510 | contractors and providers, and records from any facility |
| 511 | operated, funded, licensed, regulated, or under contract with a |
| 512 | state agency as specified in s. 402.165(8)(a). |
| 513 | (b) All information obtained or produced by a local |
| 514 | council that is made confidential by law, that relates to the |
| 515 | identity of any client or group of clients subject to the |
| 516 | protection of this section, or that relates to the identity of |
| 517 | an individual who provides information to the local council |
| 518 | about abuse or about alleged violations of constitutional or |
| 519 | human rights, is confidential and exempt from s. 119.07(1) and |
| 520 | s. 24(a), Art. I of the State Constitution. |
| 521 | (c) Portions of meetings of a local council that relate to |
| 522 | the identity of any client or group of clients subject to the |
| 523 | protections of this section, that relate to the identity of an |
| 524 | individual who provides information to the local council about |
| 525 | abuse or about alleged violations of constitutional or human |
| 526 | rights, or when testimony is provided relating to records |
| 527 | otherwise made confidential by law, are exempt from s. 286.011 |
| 528 | and s. 24(b), Art. I of the State Constitution. |
| 529 | (d) All records prepared by members of a local council |
| 530 | that reflect a mental impression, investigative strategy, or |
| 531 | theory are exempt from s. 119.07(1) and s. 24(a), Art. I of the |
| 532 | State Constitution until the investigation is completed or until |
| 533 | the investigation ceases to be active; however, portions of the |
| 534 | record considered confidential by paragraph (c) shall remain |
| 535 | confidential. For purposes of this section, an investigation is |
| 536 | considered "active" while the investigation is being conducted |
| 537 | by a local council with a reasonable, good faith belief that it |
| 538 | may lead to a finding of abuse or of a violation of |
| 539 | constitutional or human rights. An investigation does not cease |
| 540 | to be active so long as the local council is proceeding with |
| 541 | reasonable dispatch and there is a good faith belief that action |
| 542 | may be initiated by the local council or other administrative or |
| 543 | law enforcement agency. |
| 544 | (e) Any person who knowingly and willfully discloses any |
| 545 | such confidential information commits a misdemeanor of the |
| 546 | second degree, punishable as provided in s. 775.082 or s. |
| 547 | 775.083. |
| 548 | Section 4. Section 402.167, Florida Statutes, is amended |
| 549 | to read: |
| 550 | 402.167 Duties of state agencies that provide client |
| 551 | services relating to the Florida Statewide Advocacy Council and |
| 552 | the Florida local advocacy councils.--The secretaries or |
| 553 | directors of the state agencies shall ensure the full |
| 554 | cooperation and assistance of employees of their respective |
| 555 | state agencies with members and staff of the statewide and local |
| 556 | councils. The secretary or director of each state agency |
| 557 | providing client services shall notify its contract, service, |
| 558 | and treatment providers of the powers, duties, and |
| 559 | responsibilities of the statewide and local councils and shall |
| 560 | ensure that all contract providers, including subcontractors, |
| 561 | are informed of these powers, duties, and responsibilities, |
| 562 | including those relating to access to records. |
| 563 | Section 5. This act shall take effect July 1, 2006. |