Senate Bill sb2310
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    Florida Senate - 2006                                  SB 2310
    By Senators Wilson and Fasano
    33-1000-06
  1                      A bill to be entitled
  2         An act relating to the Florida Statewide
  3         Advocacy Council; amending s. 402.164, F.S.;
  4         redefining the term a "client" to include a
  5         child, juvenile, or youth; redefining the term
  6         "client services" to include services that are
  7         provided to a client by a service provider
  8         licensed or regulated by the state; amending s.
  9         402.165, F.S.; transferring the Florida
10         Statewide Advocacy Council from the Executive
11         Office of the Governor to the Department of
12         Legal Affairs; providing for the appointment of
13         members to the statewide council; providing
14         criteria for appointment to the council;
15         providing procedures by which the Attorney
16         General may fill a vacancy on the statewide
17         council; requiring the Attorney General to
18         select an executive director for the statewide
19         council; requiring the executive director to
20         prepare a budget for submission to the
21         Legislature; providing for notice for telephone
22         conference calls; amending s. 402.166, F.S.;
23         requiring that local councils operate within
24         areas approved by the Attorney General;
25         providing for the inclusion on the local
26         council of persons who have experience in
27         social services and law enforcement; providing
28         procedures by which the Attorney General may
29         fill vacancies on a local council; amending s.
30         402.167, F.S.; requiring each state agency
31         providing client services to ensure that all
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 1         contract providers, including subcontractors,
 2         are informed of the powers, duties, and
 3         responsibilities of the statewide and local
 4         councils; providing an effective date.
 5  
 6  Be It Enacted by the Legislature of the State of Florida:
 7  
 8         Section 1.  Paragraphs (b) and (c) of subsection (2) of
 9  section 402.164, Florida Statutes, are amended to read:
10         402.164  Legislative intent; definitions.--
11         (2)  As used in ss. 402.164-402.167, the term:
12         (b)  "Client" means a client as defined in s. 393.063,
13  s. 394.67, s. 397.311, or s. 400.960;, a forensic client or
14  client as defined in s. 916.106;, a child or youth as defined
15  in s. 39.01;, a child as defined in s. 827.01; a child,
16  juvenile, or youth as defined in s. 985.03;, a family as
17  defined in s. 414.0252;, a participant as defined in s.
18  400.551;, a resident as defined in s. 400.402;, a Medicaid
19  recipient or recipient as defined in s. 409.901;, a child
20  receiving child care as defined in s. 402.302;, a disabled
21  adult as defined in s. 410.032 or s. 410.603;, or a victim as
22  defined in s. 39.01 or s. 415.102 as each definition applies
23  within its respective chapter.
24         (c)  "Client services" means health and human services
25  that are provided to a client by a state agency or a service
26  provider operated, funded, licensed, regulated, or contracted
27  by the state.
28         Section 2.  Section 402.165, Florida Statutes, is
29  amended to read:
30         402.165  Florida Statewide Advocacy Council;
31  confidential records and meetings.--
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 1         (1)(a)  The Florida Statewide Advocacy Council shall be
 2  located in the Department of Legal Affairs Executive Office of
 3  the Governor but may be assigned by the Legislature Governor
 4  for administrative support purposes to any state Governor's
 5  agency. Members of the council shall represent the interests
 6  of clients who are served by state agencies that provide
 7  client services. In the performance of its duties, the
 8  statewide council is not subject to control, supervision, or
 9  direction by any state agency or governmental entity providing
10  client services in the performance of its duties.
11         (b)  The council shall consist of not fewer less than
12  15 and not more than 20 residents of this state, one from each
13  service area designated by the statewide council, who broadly
14  represent the interests of the public and the clients of the
15  state agencies that provide client services. Members of the
16  council shall be appointed by the Attorney General from a list
17  of nominations submitted as follows:
18         1.  Four nominations by the Governor.
19         2.  Four nominations by the President of the Senate.
20         3.  Four nominations by the Speaker of the House of
21  Representatives.
22         4.  Three nominations by the Chief Financial Officer.
23  
24  If the council elects to expand the council to the maximum
25  membership of 20 members, the remaining five members shall be
26  appointed by the Attorney General.
27         (c)  The members shall be representative of groups of
28  state residents as follows: a provider who delivers client
29  services; a nonsalaried representative of nonprofit agencies
30  or civic groups; a representative of consumer groups who is
31  currently receiving, or has received, one or more client
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 1  services within the past 4 years; a representative who has
 2  experience in social services; a representative who has
 3  experience in law enforcement or other professional
 4  investigations; and two residents of the state who do not
 5  represent any of the foregoing groups, but may represent a
 6  health-related profession or the legal profession.  In
 7  appointing the representative of the health-related
 8  professions, the appointing authority shall give priority of
 9  consideration to a physician licensed under chapter 458 or
10  chapter 459; and, in appointing the representative of the
11  legal profession, the appointing authority shall give priority
12  of consideration to a member in good standing of The Florida
13  Bar. Of the remaining members, no more than one shall be an
14  elected official. Except for the member who is an elected
15  public official, each candidate for the statewide council must
16  be given priority consideration if he or she has completed at
17  least one term served as a member of a local council or the
18  Florida Statewide Advocacy Council.
19         (d)  Persons related to each other by consanguinity or
20  affinity within the third degree may not serve on the
21  statewide council at the same time.
22         (2)  Members of the statewide council shall be
23  appointed to serve terms of 4 years. A member may not serve
24  more than two full consecutive terms, unless he or she is
25  recommended by all local councils in the area and approved by
26  the statewide council.
27         (3)  If a member of the statewide council fails to
28  attend two-thirds of the regular council meetings or
29  two-thirds of conference-call meetings during the course of a
30  year, the position held by the member may be deemed vacant by
31  the council. The Attorney General Governor shall fill the
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 1  vacancy according to subsection (4). If a member of the
 2  statewide council violates this section or procedures adopted
 3  under this section, the council may recommend to the Attorney
 4  General Governor that the member be removed.
 5         (4)  The Attorney General Governor may fill a vacancy
 6  on the statewide council from a list of nominees submitted by
 7  the nominating authority statewide council or appoint any
 8  qualified person. A list of candidates may be submitted to the
 9  nominating authority statewide council by the statewide
10  council or a local council in the service area from which the
11  vacancy occurs.  Priority of consideration shall be given to
12  the appointment of an individual who is receiving one or more
13  client services and whose primary interest, experience, or
14  expertise lies with a major client group that is not
15  represented on the council at the time of the appointment.  If
16  the Attorney General does not make an appointment is not made
17  within 60 days after a vacancy occurs on the statewide
18  council, the vacancy may be filled by a majority vote of the
19  statewide council without further action by the Attorney
20  General Governor. A person who is employed by any state agency
21  in client services may not be appointed to the statewide
22  council.
23         (5)(a)  Members of the statewide council shall receive
24  no compensation, but are entitled to be reimbursed for per
25  diem and travel expenses in accordance with s. 112.061.
26         (b)  The Attorney General, after consultation with the
27  council, Governor shall select an executive director who shall
28  serve at the pleasure of the Attorney General Governor and
29  shall perform the duties delegated to him or her by the
30  council.  The compensation of the executive director and staff
31  
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 1  shall be established in accordance with the rules of the
 2  Selected Exempt Service.
 3         (c)  The council may apply for, receive, and accept
 4  grants, gifts, donations, bequests, and other payments
 5  including money or property, real or personal, tangible or
 6  intangible, and service from any governmental or other public
 7  or private entity or person and make arrangements as to the
 8  use of same. The Attorney General and the council shall
 9  establish a not-for-profit entity to secure and receive the
10  funding, gifts, donations, and grants.
11         (d)  In consultation with the statewide council the
12  executive director shall annually prepare a budget request
13  that, after it is approved by the council, shall be submitted
14  to the Attorney General for submission to the Legislature
15  Governor. The budget shall include a request for funds to
16  carry out the activities and mission of the statewide council
17  and the local councils. The budget shall include, at a
18  minimum, a request for funds for support staff, meetings of
19  the statewide and local councils, committee meetings, required
20  training events, and legal expenses for the local councils if
21  a local council is denied access to the records of a client.
22         (6)  The members of the statewide council shall elect a
23  chair and a vice chair to terms of 1 year.  A person may not
24  serve as chair or vice chair for more than two full
25  consecutive terms.
26         (7)  The responsibilities of the statewide council
27  include, but are not limited to:
28         (a)  Serving as an independent third-party mechanism
29  for protecting the constitutional and human rights of clients
30  within programs or facilities operated, funded, licensed,
31  
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 1  regulated, or contracted by any state agency that provides
 2  client services.
 3         (b)  Monitoring, by site visit and through access to
 4  records, the delivery and use of services, programs, or
 5  facilities operated, funded, licensed, regulated, or
 6  contracted by any state agency that provides client services,
 7  for the purpose of preventing abuse or deprivation of the
 8  constitutional and human rights of clients.  The statewide
 9  council may conduct an unannounced site visit or monitoring
10  visit that involves the inspection of records if the visit is
11  conditioned upon a complaint. A complaint may be initiated
12  generated by the council itself, after consulting with the
13  Department of Legal Affairs Governor's office, if information
14  from any state agency that provides client services or from
15  other sources indicates a situation at the program or facility
16  that indicates possible abuse or neglect or deprivation of the
17  constitutional or and human rights of clients. A local council
18  may initiate a complaint based upon local media reports,
19  investigations, reports received from state agencies,
20  monitoring visits, or other indicators of possible abuse or
21  neglect or deprivation of the constitutional or human rights
22  of a client. The statewide council shall establish and follow
23  uniform criteria for the review of information and initiation
24  generation of complaints. Routine program monitoring and
25  reviews that do not require an examination of records may be
26  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 in scope, the statewide
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 1  council may exercise its powers without the necessity of a
 2  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  Attorney General Governor or by written request of six members
14  of the council. Any telephone conference call must be
15  advertised for weekly meetings and will be held as deemed
16  necessary by the executive committee of the statewide council,
17  the statewide council, or a standing or special committee. The
18  chair may call for a council meeting at the time of any
19  scheduled teleconference as well as authorize the use of a
20  conference call for other meetings as requested. A conference
21  call meeting may not be included in the required six meetings
22  a year, but some of the required meetings may be workshop
23  meetings that include the participation of only statewide
24  council members.
25         (g)  Developing and adopting uniform procedures to be
26  used to carry out the purpose and responsibilities of the
27  statewide council and the local councils. The procedures shall
28  include the duties and responsibilities of the statewide
29  council and the local council and their respective staff.
30         (h)  Supervising the operations of the local councils
31  and monitoring the performance and activities of all local
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 1  councils and providing direction and technical assistance to
 2  members of local councils. The supervisory responsibility of
 3  the statewide council shall include the development and
 4  adoption of procedures for disciplinary actions, suspensions,
 5  and recommendations to the Attorney General for the removal of
 6  a local council member.
 7         (i)  Providing for the development and presentation of
 8  a standardized training program for members of the statewide
 9  council and local councils.
10         (j)  Developing and maintaining interagency agreements
11  between the council and the state agencies providing client
12  services. The interagency agreements shall address the
13  coordination of efforts and identify the roles and
14  responsibilities of the statewide and local councils and each
15  agency in fulfillment of their responsibilities, including
16  access to records for the purpose of carrying out
17  investigatory and monitoring responsibilities. The agreements
18  must be negotiated and signed annually or at such other times
19  as are deemed appropriate by the council.
20         (8)(a)  In the performance of its duties, the statewide
21  council shall have:
22         1.  Authority to receive, investigate, seek to
23  conciliate, hold hearings on, and act on complaints that
24  allege any abuse or deprivation of constitutional or human
25  rights of persons who receive or have been denied client
26  services from any state agency.
27         2.  Access to all client records, files, and reports
28  from any program, service, or facility that is operated,
29  funded, licensed, regulated, or contracted by any state agency
30  that provides client services and any records that are
31  material to its investigation and are in the custody of any
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 1  other agency or department of government.  The council's
 2  investigation or monitoring may shall not impede or obstruct
 3  matters under investigation by law enforcement agencies or
 4  judicial authorities. Access may shall not be granted if a
 5  specific procedure or prohibition for reviewing records is
 6  required by federal law and regulation that supersedes state
 7  law. Access shall not be granted to the records of a private
 8  licensed practitioner who is providing services outside the
 9  state agency, or outside a state facility, and whose client is
10  competent and refuses disclosure.
11         3.  Standing to petition the circuit court for access
12  to client records that are confidential as specified by law or
13  in instances when access to the client records is denied. The
14  petition shall state the specific reasons for which the
15  council is seeking access and the intended use of the such
16  information. The circuit court may authorize council access to
17  the records upon a finding that access is directly related to
18  an investigation regarding the possible deprivation of
19  constitutional or human rights or the abuse of a client.
20  Original client files, agency records, and reports may not be
21  removed from a state agency, but copies must be provided to
22  the council and the local councils at the agency's expense.
23  Under no circumstance shall The council may not have access to
24  confidential adoption records once the adoption is finalized
25  by a court in accordance with ss. 39.0132, 63.022, and 63.162.
26  Upon completion of a general investigation of practices and
27  procedures of a state agency, the statewide council shall
28  report its findings to that agency.
29         (b)  All information obtained or produced by the
30  statewide council that is made confidential by law, that
31  relates to the identity of any client or group of clients
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 1  subject to the protections of this section, or that relates to
 2  the identity of an individual who provides information to the
 3  council about abuse or about alleged violations of
 4  constitutional or human rights, is confidential and exempt
 5  from s. 119.07(1) and s. 24(a), Art. I of the State
 6  Constitution.
 7         (c)  Portions of meetings of the statewide council that
 8  relate to the identity of any client or group of clients
 9  subject to the protections of this section, that relate to the
10  identity of an individual who provides information to the
11  council about abuse or about alleged violations of
12  constitutional or human rights, or wherein testimony is
13  provided relating to records otherwise made confidential by
14  law, are exempt from s. 286.011 and s. 24(b), Art. I of the
15  State Constitution.
16         (d)  All records prepared by members of the statewide
17  council that reflect a mental impression, investigative
18  strategy, or theory are exempt from s. 119.07(1) and s. 24(a),
19  Art. I of the State Constitution until the investigation is
20  completed or until the investigation ceases to be active.
21  However, portions of the record considered confidential under
22  paragraph (c) shall remain confidential. For purposes of this
23  section, an investigation is considered "active" while the
24  investigation is being conducted by the statewide council with
25  a reasonable, good faith belief that it may lead to a finding
26  of abuse or of a violation of human rights.  An investigation
27  does not cease to be active so long as the statewide council
28  is proceeding with reasonable dispatch and there is a good
29  faith belief that action may be initiated by the council or
30  other administrative or law enforcement agency.
31  
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 1         (e)  Any person who knowingly and willfully discloses
 2  any confidential information commits a misdemeanor of the
 3  second degree, punishable as provided in s. 775.082 or s.
 4  775.083.
 5         Section 3.  Section 402.166, Florida Statutes, is
 6  amended to read:
 7         402.166  Florida local advocacy councils; confidential
 8  records and meetings.--
 9         (1)  The local councils are subject to direction from
10  and the supervision of the statewide council.  The statewide
11  council shall participate in the selection and assignment of
12  assign staff to provide support to the local councils. Local
13  support staff shall work under the direction and supervision
14  of the executive director with consultation by statewide
15  council members assigned to the service area. The number and
16  areas of responsibility of the local councils, not to exceed
17  46 councils statewide, shall be determined by the statewide
18  council and shall be consistent with judicial circuit
19  boundaries approved by the Attorney General. Local councils
20  shall meet at facilities, programs, or service centers under
21  their jurisdiction whenever possible.
22         (2)  Each local council shall have no fewer than 7
23  members and no more than 15 members, no more than 4 of whom
24  are or have been recipients of one or more client services
25  within the last 4 years, except that one member of this group
26  may be an immediate relative or legal representative of a
27  current or former client; one member having experience in
28  social services; one member having experience in law
29  enforcement or other professional investigations; two
30  providers who deliver client services as defined in s.
31  402.164(2); and two representatives of professional
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 1  organizations, one of whom represents the health-related
 2  professions and one of whom represents the legal profession.
 3  Priority of consideration shall be given to the appointment of
 4  at least one medical or osteopathic physician, as defined in
 5  chapters 458 and 459, and one member in good standing of The
 6  Florida Bar. Priority of consideration shall also be given to
 7  the appointment of an individual who is receiving client
 8  services and whose primary interest, experience, or expertise
 9  lies with a major client group not represented on the local
10  council at the time of the appointment.  A person who is
11  employed in client services by any state agency may not be
12  appointed to the local council. No more than three individuals
13  who are providing contracted services for clients to any state
14  agency may serve on the same local council at the same time.
15  Persons related to each other by consanguinity or affinity
16  within the third degree may not serve on the same local
17  council at the same time.  All members of local councils must
18  successfully complete a standardized training course for
19  council members within 3 months after their appointment to a
20  local council.  A member may not be assigned to an
21  investigation that requires access to confidential information
22  before completing prior to the completion of the training
23  course.  After he or she completes the required training
24  course, a member of a local council may not be prevented from
25  participating in any activity of that local council, including
26  investigations and monitoring, except due to a conflict of
27  interest as described in the procedures established by the
28  statewide council under subsection (7).
29         (3)(a)  With respect to existing local councils, each
30  member shall serve a term of 4 years.  Upon expiration of a
31  term and in the case of any other vacancy, the local council
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 1  shall appoint a replacement by majority vote of the local
 2  council, subject to the approval of the Attorney General
 3  Governor.  A member may serve no more than two full
 4  consecutive terms. However, the member may be appointed to
 5  another local council in the same area.
 6         (b)1.  The Attorney General Governor shall appoint the
 7  first four members of any newly created local council; and
 8  those four members shall select the remaining members, subject
 9  to approval of the Attorney General Governor.  If any of the
10  first four members are not appointed within 60 days after a
11  request is submitted to the Attorney General Governor, those
12  members may be appointed by a majority vote of the statewide
13  council without further action by the Attorney General
14  Governor.
15         2.  Members shall serve for no more than two full
16  consecutive terms of 4 years, except that at the time of
17  initial appointment, terms shall be staggered so that
18  approximately one-half of the members first appointed shall
19  serve for terms of 4 years and the remaining members shall
20  serve for terms of 2 years.  Vacancies shall be filled as
21  provided in subparagraph 1.
22         (c)  If no action is taken by the Attorney General
23  Governor to approve or disapprove a replacement of a member
24  under this subsection within 60 days after the local council
25  has notified the Attorney General Governor of the appointment,
26  then the appointment of the replacement may be considered
27  approved by the Attorney General Governor.
28         (4)  Each local council shall elect a chair and a vice
29  chair for a term of 1 year. A person may not serve as chair or
30  vice chair for more than two consecutive terms.  The chair's
31  and vice chair's terms expire on September 30 of each year.
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 1         (5)  If a local council member fails to attend
 2  two-thirds of the regular local council meetings during the
 3  course of a year, the local council may replace the member.
 4  If a member of a local council violates this section or
 5  procedures adopted under this section, the local council may
 6  recommend to the Attorney General Governor that the member be
 7  removed.
 8         (6)  A member of a local council shall receive no
 9  compensation but is entitled to be reimbursed for per diem and
10  travel expenses as provided in s. 112.061.  Members may be
11  provided reimbursement for long-distance telephone calls if
12  the calls were necessary to an investigation of an abuse or
13  deprivation of constitutional or human rights or to the duties
14  or responsibilities of the local council.
15         (7)  A local council shall first attempt seek to
16  resolve a complaint with the appropriate local administration,
17  agency, or program; any matter not resolved by the local
18  council shall be referred to the statewide council. A local
19  council must shall comply with appeal procedures established
20  by the statewide council. The duties, actions, and procedures
21  of both new and existing local councils shall conform to ss.
22  402.164-402.167. The duties of each local council must shall
23  include, but are not limited to:
24         (a)  Serving as an independent third-party mechanism
25  for protecting the constitutional and human rights of any
26  client within a program or facility operated, funded,
27  licensed, regulated, or contracted by a state agency providing
28  client services in the local services area.
29         (b)  Monitoring by site visit and access to records the
30  delivery and use of services, programs, or facilities
31  operated, funded, licensed, regulated, or contracted by a
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 1  state agency that provides client services, for the purpose of
 2  preventing abuse or deprivation of the constitutional and
 3  human rights of clients. A local council may conduct an
 4  unannounced site visit or monitoring visit that involves
 5  access to records if the visit is conditioned upon a
 6  complaint. A complaint may be initiated generated by the local
 7  council itself if information from a state agency that
 8  provides client services or from other sources indicates a
 9  situation at the program or facility that indicates possible
10  abuse or neglect or deprivation of constitutional and human
11  rights of clients. The local council shall follow uniform
12  criteria established by the statewide council for the review
13  of information and initiation generation of complaints.
14  Routine program monitoring and reviews that do not require an
15  examination of records may be made unannounced.
16         (c)  Receiving, investigating, and resolving reports of
17  abuse or deprivation of constitutional and human rights by a
18  state agency or contracted service provider in the local
19  service area.
20         (d)  Reviewing and making recommendations regarding how
21  a client's constitutional or human rights might be affected by
22  the client's participation in a proposed research project,
23  before prior to implementation of the project.
24         (e)  Appealing to the statewide council any complaint
25  unresolved at the local level.  Any matter that constitutes a
26  threat to the life, safety, or health of a client or is
27  multiservice-area in scope shall automatically be referred to
28  the statewide council.
29         (f)  Submitting an annual report by September 30 to the
30  statewide council concerning activities, recommendations, and
31  
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 1  complaints reviewed or developed by the local council during
 2  the year.
 3         (g)  Conducting meetings at least six times a year at
 4  the call of the chair and at other times at the call of the
 5  Attorney General Governor, at the call of the statewide
 6  council, or by written request of a majority of the members of
 7  the local council.
 8         (8)(a)  In the performance of its duties, a local
 9  council may shall have the same authority to access client
10  records, state agency files, reports from any program or
11  service, records of contractors and providers, and records
12  from any facility operated, funded, licensed, regulated, or
13  under contract with a state agency as specified in s.
14  402.165(8)(a).
15         (b)  All information obtained or produced by a local
16  council that is made confidential by law, that relates to the
17  identity of any client or group of clients subject to the
18  protection of this section, or that relates to the identity of
19  an individual who provides information to the local council
20  about abuse or about alleged violations of constitutional or
21  human rights, is confidential and exempt from s. 119.07(1) and
22  s. 24(a), Art. I of the State Constitution.
23         (c)  Portions of meetings of a local council that
24  relate to the identity of any client or group of clients
25  subject to the protections of this section, that relate to the
26  identity of an individual who provides information to the
27  local council about abuse or about alleged violations of
28  constitutional or human rights, or when testimony is provided
29  relating to records otherwise made confidential by law, are
30  exempt from s. 286.011 and s. 24(b), Art. I of the State
31  Constitution.
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 1         (d)  All records prepared by members of a local council
 2  that reflect a mental impression, investigative strategy, or
 3  theory are exempt from s. 119.07(1) and s. 24(a), Art. I of
 4  the State Constitution until the investigation is completed or
 5  until the investigation ceases to be active. However, that
 6  portion of the record that is classified as confidential by
 7  law continues to be exempt. For purposes of this section, an
 8  investigation is considered "active" while the investigation
 9  is being conducted by a local council with a reasonable, good
10  faith belief that it may lead to a finding of abuse or of a
11  violation of constitutional or human rights.  An investigation
12  does not cease to be active so long as the local council is
13  proceeding with reasonable dispatch and there is a good faith
14  belief that action may be initiated by the local council or
15  other administrative or law enforcement agency.
16         (e)  A Any person who knowingly and willfully discloses
17  any such confidential information commits a misdemeanor of the
18  second degree, punishable as provided in s. 775.082 or s.
19  775.083.
20         Section 4.  Section 402.167, Florida Statutes, is
21  amended to read:
22         402.167  Duties of state agencies that provide client
23  services relating to the Florida Statewide Advocacy Council
24  and the Florida local advocacy councils.--The secretaries or
25  directors of the state agencies shall ensure the full
26  cooperation and assistance of employees of their respective
27  state agencies with members and staff of the statewide and
28  local councils. The secretary or director of each state agency
29  providing client services shall notify its contract, service,
30  and treatment providers of the powers, duties, and
31  responsibilities of the statewide and local councils and shall
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 1  ensure that all contract providers, including subcontractors
 2  are informed of these powers, duties, and responsibilities.
 3         Section 5.  This act shall take effect July 1, 2006.
 4  
 5            *****************************************
 6                          SENATE SUMMARY
 7    Revises the definition of a "client" in advocacy cases to
      include a child, juvenile, or youth and revises the
 8    definition of "client services" to include services that
      are provided to a client by a service provider licensed
 9    or regulated by the state. Locates the Statewide Advocacy
      Council in the Department of Legal Affairs. Provides for
10    the appointment of members to the statewide council, and
      provides criteria for appointment to the council.
11    Provides procedures by which the Attorney General may
      fill a vacancy on the statewide council. Requires the
12    Attorney General to select an executive director for the
      statewide council. Requires the executive director to
13    prepare a budget for submission to the Legislature.
      Provides for notice for telephone conference calls.
14    Provides that local councils must operate within areas
      approved by the Attorney General. Provides for the
15    inclusion on the local council of persons with
      social-service and law-enforcement experience. Provides
16    procedures by which the Attorney General may fill
      vacancies on a local council. Requires each state agency
17    providing client services to ensure that all contract
      providers, including subcontractors, are informed of the
18    powers, duties, and responsibilities of the statewide and
      local councils.
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
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