Florida Senate - 2010                             CS for SB 1012
       
       
       
       By the Committee on Criminal and Civil Justice Appropriations;
       and Senator Jones
       
       
       
       604-04271-10                                          20101012c1
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice facilities and
    3         programs; amending s. 985.03, F.S.; defining the term
    4         “ordinary medical care”; amending s. 985.64, F.S.;
    5         requiring that the Department of Juvenile Justice
    6         adopt rules to ensure the effective delivery of
    7         services to children in the care and custody of the
    8         department; requiring the department to coordinate its
    9         rule-adoption process with the Department of Children
   10         and Family Services and the Agency for Persons with
   11         Disabilities to ensure that the department’s rules do
   12         not encroach upon the substantive jurisdiction of
   13         those agencies; clarifying that the rules of the
   14         Department of Juvenile Justice do not supersede
   15         provisions governing consent to treatment and
   16         services; amending s. 985.721, F.S.; conforming a
   17         cross-reference; providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Present subsections (39) through (57) of section
   22  985.03, Florida Statutes, are renumbered as subsections (40)
   23  through (58), respectively, and a new subsection (39) is added
   24  to that section, to read:
   25         985.03 Definitions.—As used in this chapter, the term:
   26         (39) “Ordinary medical care” means medical procedures that
   27  are administered or performed on a routine basis and include,
   28  but are not limited to, inoculations, physical examinations,
   29  remedial treatment for minor illnesses and injuries, preventive
   30  services, medication management, chronic disease detection and
   31  treatment, and other medical procedures that are administered or
   32  performed on a routine basis and do not involve hospitalization,
   33  surgery, the use of general anesthesia, or the provision of
   34  psychotropic medications.
   35         Section 2. Section 985.64, Florida Statutes, is amended to
   36  read:
   37         985.64 Rulemaking.—
   38         (1) The department shall adopt rules pursuant to ss.
   39  120.536(1) and 120.54 to implement the provisions of this
   40  chapter. Such rules may not conflict with the Florida Rules of
   41  Juvenile Procedure. All rules and policies must conform to
   42  accepted standards of care and treatment.
   43         (2) The department shall adopt rules to ensure the
   44  effective provision of health services to youth in facilities or
   45  programs operated or contracted by the department. The rules
   46  shall address the delivery of the following:
   47         (a) Ordinary medical care.
   48         (b) Mental health services.
   49         (c) Substance abuse treatment services.
   50         (d) Services to youth with developmental disabilities.
   51  
   52  The department shall coordinate its rulemaking with the
   53  Department of Children and Family Services and the Agency for
   54  Persons with Disabilities to ensure that the rules adopted under
   55  this section do not encroach upon the substantive jurisdiction
   56  of those agencies. The department shall include the above
   57  mentioned entities in the rulemaking process, as appropriate.
   58  This subsection does not supersede the provisions governing
   59  consent to treatment and services found in ss. 39.407, 743.0645,
   60  and 985.18, or otherwise provided by law.
   61         Section 3. Section 985.721, Florida Statutes, is amended to
   62  read:
   63         985.721 Escapes from secure detention or residential
   64  commitment facility.—An escape from:
   65         (1) Any secure detention facility maintained for the
   66  temporary detention of children, pending adjudication,
   67  disposition, or placement;
   68         (2) Any residential commitment facility described in s.
   69  985.03(45) s. 985.03(44), maintained for the custody, treatment,
   70  punishment, or rehabilitation of children found to have
   71  committed delinquent acts or violations of law; or
   72         (3) Lawful transportation to or from any such secure
   73  detention facility or residential commitment facility,
   74  
   75  constitutes escape within the intent and meaning of s. 944.40
   76  and is a felony of the third degree, punishable as provided in
   77  s. 775.082, s. 775.083, or s. 775.084.
   78         Section 4. This act shall take effect July 1, 2010.