Amendment
Bill No. HB 5309
Amendment No. 907429
CHAMBER ACTION
Senate House
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1The Conference Committee on HB 5309 offered the following:
2
3     Conference Committee Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Section 39.903, Florida Statutes, is amended to
6read:
7     39.903  Duties and functions of the department with respect
8to domestic violence.-
9     (1)  The department shall:
10     (a)  Develop by rule criteria for the approval or rejection
11of domestic violence centers applying for initial certification
12after July 1, 2011 certification or funding of domestic violence
13centers.
14     (b)  Develop by rule minimum standards for domestic
15violence centers to ensure the health and safety of the clients
16in the centers.
17     (c)  Receive and approve or reject applications for initial
18certification of domestic violence centers. Such certification
19shall be renewed annually thereafter by the department upon a
20favorable monitoring report by the Florida Coalition Against
21Domestic Violence. If any of the required services are exempted
22from certification by the department under s. 39.905(1)(c), the
23center may shall not receive funding from the Florida Coalition
24Against Domestic Violence for those services.
25     (d)  Have Evaluate each certified domestic violence center
26annually to ensure compliance with the minimum standards. The
27department has the right to enter and inspect the premises of
28domestic violence centers applying for an initial certification
29after July 1, 2011, certified domestic violence centers at any
30reasonable hour in order to effectively evaluate the state of
31compliance with minimum standards of these centers with this
32part and rules relating to this part. The Florida Coalition
33Against Domestic Violence has the right to enter and inspect the
34premises of certified domestic violence centers for monitoring
35purposes.
36     (e)  Adopt rules to implement this part.
37     (f)  Promote the involvement of certified domestic violence
38centers in the coordination, development, and planning of
39domestic violence programming in the circuits districts and the
40state.
41     (2)  The department shall serve as a clearinghouse for
42information relating to domestic violence.
43     (2)(3)  The department shall operate the domestic violence
44program and partner with the Florida Coalition Against Domestic
45Violence in, which provides supervision, direction,
46coordination, and administration of statewide activities related
47to the prevention of domestic violence.
48     (3)(4)  The department shall coordinate with state agencies
49having health, education, or criminal justice responsibilities
50to raise awareness of domestic violence and promote consistent
51policy implementation enlist the assistance of public and
52voluntary health, education, welfare, and rehabilitation
53agencies in a concerted effort to prevent domestic violence and
54to treat persons engaged in or subject to domestic violence.
55With the assistance of these agencies, the department, within
56existing resources, shall formulate and conduct a research and
57evaluation program on domestic violence. Efforts on the part of
58these agencies to obtain relevant grants to fund this research
59and evaluation program must be supported by the department.
60     (4)  The department shall serve as the lead agency for
61application of relevant federal grants and the coordinator of
62the state's STOP Implementation Plan pursuant to the federal
63Violence Against Women Act which promotes domestic violence
64awareness, increases services to victims, and strengthens
65perpetrator accountability.
66     (5)  The department shall develop and provide educational
67programs on domestic violence for the benefit of the general
68public, persons engaged in or subject to domestic violence,
69professional persons, or others who care for or may be engaged
70in the care and treatment of persons engaged in or subject to
71domestic violence.
72     (5)(6)  The department shall cooperate with, assist in, and
73participate in, programs of other properly qualified state
74agencies, federal agencies, private organizations including any
75agency of the Federal Government, schools of medicine,
76hospitals, and clinics, in planning and conducting research on
77the prevention of domestic violence and provision of services to
78clients, care, treatment, and rehabilitation of persons engaged
79in or subject to domestic violence.
80     (6)(7)  The department shall contract with the Florida
81Coalition Against Domestic Violence, the a statewide association
82whose primary purpose is to represent and provide technical
83assistance to certified domestic violence centers, for the
84delivery and management of the delivery of services for the
85state's domestic violence program. Services under this contract
86shall include, but are not limited to, administration of
87contracts and grants associated with the implementation of the
88state's STOP Implementation Plan pursuant to the federal
89Violence Against Women Act and the implementation of other
90federal grants as directed by the department. As part of its
91management of the delivery of services for the state's domestic
92violence program, the coalition This association shall
93implement, administer, and evaluate all services provided by the
94certified domestic violence centers,. The association shall
95receive and approve or reject applications for funding of
96certified domestic violence centers, and evaluate certified
97domestic violence centers to determine compliance with
98certification minimum standards. When approving funding for a
99newly certified domestic violence center, the association shall
100make every effort to minimize any adverse economic impact on
101existing certified domestic violence centers or services
102provided within the same service area. In order to minimize
103duplication of services, the association shall make every effort
104to encourage subcontracting relationships with existing
105certified domestic violence centers within the same service
106area. In distributing funds allocated by the Legislature for
107certified domestic violence centers, the association shall use a
108formula approved by the department as specified in s.
10939.905(7)(a).
110     (7)  The department shall consider and award applications
111from certified domestic violence centers for capital improvement
112grants pursuant to s. 39.9055.
113     Section 2.  Section 39.904, Florida Statutes, is amended to
114read:
115     39.904  Report to the Legislature on the status of domestic
116violence cases.-On or before January 1 of each year, the Florida
117Coalition Against Domestic Violence department shall furnish to
118the President of the Senate and the Speaker of the House of
119Representatives a report on the status of domestic violence in
120this state, which report shall include, but is not limited to,
121the following:
122     (1)  The incidence of domestic violence in this state.
123     (2)  An identification of the areas of the state where
124domestic violence is of significant proportions, indicating the
125number of cases of domestic violence officially reported, as
126well as an assessment of the degree of unreported cases of
127domestic violence.
128     (3)  An identification and description of the types of
129programs in the state that assist victims of domestic violence
130or persons who commit domestic violence, including information
131on funding for the programs.
132     (4)  The number of persons who receive services from are
133treated by or assisted by local certified domestic violence
134programs that receive funding through the Florida Coalition
135Against Domestic Violence department.
136     (5)  The incidence of domestic violence homicides in the
137state, including information and data collected from state and
138local domestic violence fatality review teams.
139     (5)  A statement on the effectiveness of such programs in
140preventing future domestic violence.
141     (6)  An inventory and evaluation of existing prevention
142programs.
143     (7)  A listing of potential prevention efforts identified
144by the department; the estimated annual cost of providing such
145prevention services, both for a single client and for the
146anticipated target population as a whole; an identification of
147potential sources of funding; and the projected benefits of
148providing such services.
149     Section 3.  Paragraphs (c), (g), and (i) of subsection (1),
150subsections (2), (3), and (5), paragraph (a) of subsection (6),
151and paragraph (b) of subsection (7) of section 39.905, Florida
152Statutes, are amended to read:
153     39.905  Domestic violence centers.-
154     (1)  Domestic violence centers certified under this part
155must:
156     (c)  Provide minimum services that which include, but are
157not limited to, information and referral services, counseling
158and case management services, temporary emergency shelter for
159more than 24 hours, a 24-hour hotline, training for law
160enforcement personnel, assessment and appropriate referral of
161resident children, and educational services for community
162awareness relative to the incidence of domestic violence, the
163prevention of such violence, and the services available care,
164treatment, and rehabilitation for persons engaged in or subject
165to domestic violence. If a 24-hour hotline, professional
166training, or community education is already provided by a
167certified domestic violence center within its designated service
168area a district, the department may exempt such certification
169requirements for a new center serving the same service area
170district in order to avoid duplication of services.
171     (g)  File with the Florida Coalition Against Domestic
172Violence department a list of the names of the domestic violence
173advocates who are employed or who volunteer at the domestic
174violence center who may claim a privilege under s. 90.5036 to
175refuse to disclose a confidential communication between a victim
176of domestic violence and the advocate regarding the domestic
177violence inflicted upon the victim. The list must include the
178title of the position held by the advocate whose name is listed
179and a description of the duties of that position. A domestic
180violence center must file amendments to this list as necessary.
181     (i)  If its center is a new center applying for
182certification, demonstrate that the services provided address a
183need identified in the most current statewide needs assessment
184approved by the department. If the center applying for initial
185certification proposes providing services in an area where a
186certified domestic violence center exists, it must demonstrate
187the unmet need by the existing center and describe any efforts
188to reduce duplication of services.
189     (2)  If the department finds that there is failure by a
190center to comply with the requirements established under this
191part or with the rules adopted pursuant thereto, the department
192may deny, suspend, or revoke the certification of the center.
193The grant, denial, suspension, or revocation of certification
194does not constitute agency action under chapter 120.
195     (3)  The annual certificate shall automatically expires
196expire on December 31 unless the certification is temporarily
197extended to allow the center to implement corrective action
198plans the termination date shown on the certificate.
199     (5)  Domestic violence centers may be established
200throughout the state when private, local, state, or federal
201funds are available and a need is demonstrated.
202     (6)  In order to receive state funds, a center must:
203     (a)  Obtain certification pursuant to this part. However,
204the issuance of a certificate does will not obligate the Florida
205Coalition Against Domestic Violence department to provide
206funding.
207     (7)
208     (b)  A contract between the Florida Coalition Against
209Domestic Violence statewide association and a certified domestic
210violence center shall contain provisions ensuring assuring the
211availability and geographic accessibility of services throughout
212the service area district. For this purpose, a center may
213distribute funds through subcontracts or to center satellites,
214if provided such arrangements and any subcontracts are approved
215by the Florida Coalition Against Domestic Violence statewide
216association.
217     Section 4.  Subsection (18) of section 381.006, Florida
218Statutes, is amended to read:
219     381.006  Environmental health.-The department shall conduct
220an environmental health program as part of fulfilling the
221state's public health mission. The purpose of this program is to
222detect and prevent disease caused by natural and manmade factors
223in the environment. The environmental health program shall
224include, but not be limited to:
225     (18)  A food service inspection function for domestic
226violence centers that are certified and monitored by the Florida
227Coalition Against Domestic Violence Department of Children and
228Family Services under part XIII of chapter 39 and group care
229homes as described in subsection (16), which shall be conducted
230annually and be limited to the requirements in department rule
231applicable to community-based residential facilities with five
232or fewer residents.
233
234The department may adopt rules to carry out the provisions of
235this section.
236     Section 5.  Paragraph (b) of subsection (1) of section
237381.0072, Florida Statutes, is amended to read:
238     381.0072  Food service protection.-It shall be the duty of
239the Department of Health to adopt and enforce sanitation rules
240consistent with law to ensure the protection of the public from
241food-borne illness. These rules shall provide the standards and
242requirements for the storage, preparation, serving, or display
243of food in food service establishments as defined in this
244section and which are not permitted or licensed under chapter
245500 or chapter 509.
246     (1)  DEFINITIONS.-As used in this section, the term:
247     (b)  "Food service establishment" means detention
248facilities, public or private schools, migrant labor camps,
249assisted living facilities, adult family-care homes, adult day
250care centers, short-term residential treatment centers,
251residential treatment facilities, homes for special services,
252transitional living facilities, crisis stabilization units,
253hospices, prescribed pediatric extended care centers,
254intermediate care facilities for persons with developmental
255disabilities, boarding schools, civic or fraternal
256organizations, bars and lounges, vending machines that dispense
257potentially hazardous foods at facilities expressly named in
258this paragraph, and facilities used as temporary food events or
259mobile food units at any facility expressly named in this
260paragraph, where food is prepared and intended for individual
261portion service, including the site at which individual portions
262are provided, regardless of whether consumption is on or off the
263premises and regardless of whether there is a charge for the
264food. The term does not include any entity not expressly named
265in this paragraph; nor does the term include a domestic violence
266center certified and monitored by the Florida Coalition Against
267Domestic Violence Department of Children and Family Services
268under part XIII of chapter 39 if the center does not prepare and
269serve food to its residents and does not advertise food or drink
270for public consumption.
271     Section 6.  Section 741.281, Florida Statutes, is amended
272to read:
273     741.281  Court to order batterers' intervention program
274attendance.-If a person is found guilty of, has had adjudication
275withheld on, or pleads has pled nolo contendere to a crime of
276domestic violence, as defined in s. 741.28, that person shall be
277ordered by the court to a minimum term of 1 year's probation and
278the court shall order that the defendant attend a batterers'
279intervention program as a condition of probation. The court must
280impose the condition of the batterers' intervention program for
281a defendant under this section, but the court, in its
282discretion, may determine not to impose the condition if it
283states on the record why a batterers' intervention program might
284be inappropriate. The court must impose the condition of the
285batterers' intervention program for a defendant placed on
286probation unless the court determines that the person does not
287qualify for the batterers' intervention program pursuant to s.
288741.325. Effective July 1, 2002, the batterers' intervention
289program must be a certified program under s. 741.32. The
290imposition of probation under this section does shall not
291preclude the court from imposing any sentence of imprisonment
292authorized by s. 775.082.
293     Section 7.  Paragraph (g) of subsection (2) of section
294741.2902, Florida Statutes, is amended to read:
295     741.2902  Domestic violence; legislative intent with
296respect to judiciary's role.-
297     (2)  It is the intent of the Legislature, with respect to
298injunctions for protection against domestic violence, issued
299pursuant to s. 741.30, that the court shall:
300     (g)  Consider requiring the perpetrator to complete a
301batterers' intervention program. It is preferred that such
302program include requirements as stated in s. 741.325 be
303certified under s. 741.32.
304     Section 8.  Paragraphs (a) and (e) of subsection (6) of
305section 741.30, Florida Statutes, are amended to read:
306     741.30  Domestic violence; injunction; powers and duties of
307court and clerk; petition; notice and hearing; temporary
308injunction; issuance of injunction; statewide verification
309system; enforcement.-
310     (6)(a)  Upon notice and hearing, when it appears to the
311court that the petitioner is either the victim of domestic
312violence as defined by s. 741.28 or has reasonable cause to
313believe he or she is in imminent danger of becoming a victim of
314domestic violence, the court may grant such relief as the court
315deems proper, including an injunction:
316     1.  Restraining the respondent from committing any acts of
317domestic violence.
318     2.  Awarding to the petitioner the exclusive use and
319possession of the dwelling that the parties share or excluding
320the respondent from the residence of the petitioner.
321     3.  On the same basis as provided in chapter 61, providing
322the petitioner with 100 percent of the time-sharing in a
323temporary parenting plan that shall remain in effect until the
324order expires or an order is entered by a court of competent
325jurisdiction in a pending or subsequent civil action or
326proceeding affecting the placement of, access to, parental time
327with, adoption of, or parental rights and responsibilities for
328the minor child.
329     4.  On the same basis as provided in chapter 61,
330establishing temporary support for a minor child or children or
331the petitioner. An order of temporary support remains in effect
332until the order expires or an order is entered by a court of
333competent jurisdiction in a pending or subsequent civil action
334or proceeding affecting child support.
335     5.  Ordering the respondent to participate in treatment,
336intervention, or counseling services to be paid for by the
337respondent. When the court orders the respondent to participate
338in a batterers' intervention program, the court, or any entity
339designated by the court, must provide the respondent with a list
340of all certified batterers' intervention programs and all
341programs which have submitted an application to the Department
342of Children and Family Services to become certified under s.
343741.32, from which the respondent must choose a program in which
344to participate. If there are no certified batterers'
345intervention programs in the circuit, the court shall provide a
346list of acceptable programs from which the respondent must
347choose a program in which to participate.
348     6.  Referring a petitioner to a certified domestic violence
349center. The court must provide the petitioner with a list of
350certified domestic violence centers in the circuit which the
351petitioner may contact.
352     7.  Ordering such other relief as the court deems necessary
353for the protection of a victim of domestic violence, including
354injunctions or directives to law enforcement agencies, as
355provided in this section.
356     (e)  An injunction for protection against domestic violence
357entered pursuant to this section, on its face, may order that
358the respondent attend a batterers' intervention program as a
359condition of the injunction. Unless the court makes written
360factual findings in its judgment or order which are based on
361substantial evidence, stating why batterers' intervention
362programs would be inappropriate, the court shall order the
363respondent to attend a batterers' intervention program if:
364     1.  It finds that the respondent willfully violated the ex
365parte injunction;
366     2.  The respondent, in this state or any other state, has
367been convicted of, had adjudication withheld on, or pled nolo
368contendere to a crime involving violence or a threat of
369violence; or
370     3.  The respondent, in this state or any other state, has
371had at any time a prior injunction for protection entered
372against the respondent after a hearing with notice.
373
374It is mandatory that such programs be certified under s. 741.32.
375     Section 9.  Subsection (5) of section 741.316, Florida
376Statutes, is amended to read:
377     741.316  Domestic violence fatality review teams;
378definition; membership; duties.-
379     (5)  The domestic violence fatality review teams are
380assigned to the Florida Coalition Against Domestic Violence
381Department of Children and Family Services for administrative
382purposes.
383     Section 10.  Section 741.32, Florida Statutes, is amended
384to read:
385     741.32  Certification of Batterers' intervention programs.-
386     (1)  The Legislature finds that the incidence of domestic
387violence in this state Florida is disturbingly high, and that,
388despite the efforts of many to curb this violence, that one
389person dies at the hands of a spouse, ex-spouse, or cohabitant
390approximately every 3 days. Further, a child who witnesses the
391perpetration of this violence becomes a victim as he or she
392hears or sees it occurring. This child is at high risk of also
393being the victim of physical abuse by the parent who is
394perpetrating the violence and, to a lesser extent, by the parent
395who is the victim. These children are also at a high risk of
396perpetrating violent crimes as juveniles and, later, becoming
397perpetrators of the same violence that they witnessed as
398children. The Legislature finds that there should be
399standardized programming available to the justice system to
400protect victims and their children and to hold the perpetrators
401of domestic violence accountable for their acts. Finally, the
402Legislature recognizes that in order for batterers' intervention
403programs to be successful in protecting victims and their
404children, all participants in the justice system as well as
405social service agencies and local and state governments must
406coordinate their efforts at the community level.
407     (2)  There is hereby established in the Department of
408Children and Family Services an Office for Certification and
409Monitoring of Batterers' Intervention Programs. The department
410may certify and monitor both programs and personnel providing
411direct services to those persons who are adjudged to have
412committed an act of domestic violence as defined in s. 741.28,
413those against whom an injunction for protection against domestic
414violence is entered, those referred by the department, and those
415who volunteer to attend such programs. The purpose of
416certification of programs is to uniformly and systematically
417standardize programs to hold those who perpetrate acts of
418domestic violence responsible for those acts and to ensure
419safety for victims of domestic violence. The certification and
420monitoring shall be funded by user fees as provided in s.
421741.327.
422     Section 11.  Section 741.325, Florida Statutes, is amended
423to read:
424     741.325  Requirements for batterers' intervention programs
425Guideline authority.-
426     (1)  A batterers' intervention program shall meet the
427following requirements The Department of Children and Family
428Services shall promulgate guidelines to govern purpose,
429policies, standards of care, appropriate intervention
430approaches, inappropriate intervention approaches during the
431batterers' program intervention phase (to include couples
432counseling and mediation), conflicts of interest, assessment,
433program content and specifics, qualifications of providers, and
434credentials for facilitators, supervisors, and trainees. The
435department shall, in addition, establish specific procedures
436governing all aspects of program operation, including
437administration, personnel, fiscal matters, victim and batterer
438records, education, evaluation, referral to treatment and other
439matters as needed. In addition, the rules shall establish:
440     (a)(1)  That The primary purpose of the program programs
441shall be victim safety and the safety of the children, if
442present.
443     (b)(2)  That The batterer shall be held accountable for
444acts of domestic violence.
445     (c)(3)  That The program programs shall be at least 29
446weeks in length and shall include 24 weekly sessions, plus
447appropriate intake, assessment, and orientation programming.
448     (d)(4)  That The program shall be a psychoeducational model
449that employs a program content based on tactics of power and
450control by one person over another.
451     (5)  That the programs and those who are facilitators,
452supervisors, and trainees be certified to provide these programs
453through initial certification and that the programs and
454personnel be annually monitored to ensure that they are meeting
455specified standards.
456     (e)(6)  The intent that The program shall programs be user-
457fee funded with fees from the batterers who attend the program
458as payment, which for programs is important to the batterer
459taking responsibility for the act of violence, and from those
460seeking certification. Exception shall be made for those local,
461state, or federal programs that fund batterers' intervention
462programs in whole or in part.
463     (7)  Standards for rejection and suspension for failure to
464meet certification standards.
465     (2)(8)  The requirements of this section That these
466standards shall apply only to programs that address the
467perpetration of violence between intimate partners, spouses, ex-
468spouses, or those who share a child in common or who are
469cohabitants in intimate relationships for the purpose of
470exercising power and control by one over the other. It will
471endanger victims if courts and other referral agencies refer
472family and household members who are not perpetrators of the
473type of domestic violence encompassed by these requirements
474standards. Accordingly, the court and others who make referrals
475should refer perpetrators only to programming that appropriately
476addresses the violence committed.
477     Section 12.  Section 741.327, Florida Statutes, is
478repealed.
479     Section 13.  Section 948.038, Florida Statutes, is amended
480to read:
481     948.038  Batterers' intervention program as a condition of
482probation, community control, or other court-ordered community
483supervision.-As a condition of probation, community control, or
484any other court-ordered community supervision, the court shall
485order a person convicted of an offense of domestic violence, as
486defined in s. 741.28, to attend and successfully complete a
487batterers' intervention program unless the court determines that
488the person does not qualify for the batterers' intervention
489program pursuant to s. 741.325. The batterers' intervention
490program must be a program certified under s. 741.32, and The
491offender must pay the cost of attending the program.
492     Section 14.  Paragraph (a) of subsection (1) of section
493938.01, Florida Statutes, is amended to read:
494     938.01  Additional Court Cost Clearing Trust Fund.-
495     (1)  All courts created by Art. V of the State Constitution
496shall, in addition to any fine or other penalty, require every
497person convicted for violation of a state penal or criminal
498statute or convicted for violation of a municipal or county
499ordinance to pay $3 as a court cost. Any person whose
500adjudication is withheld pursuant to the provisions of s.
501318.14(9) or (10) shall also be liable for payment of such cost.
502In addition, $3 from every bond estreature or forfeited bail
503bond related to such penal statutes or penal ordinances shall be
504remitted to the Department of Revenue as described in this
505subsection. However, no such assessment may be made against any
506person convicted for violation of any state statute, municipal
507ordinance, or county ordinance relating to the parking of
508vehicles.
509     (a)  All costs collected by the courts pursuant to this
510subsection shall be remitted to the Department of Revenue in
511accordance with administrative rules adopted by the executive
512director of the Department of Revenue for deposit in the
513Additional Court Cost Clearing Trust Fund. These funds and the
514funds deposited in the Additional Court Cost Clearing Trust Fund
515pursuant to s. 318.21(2)(c) shall be distributed as follows:
516     1.  Ninety-two percent to the Department of Law Enforcement
517Criminal Justice Standards and Training Trust Fund.
518     2.  Six and three-tenths percent to the Department of Law
519Enforcement Operating Trust Fund for the Criminal Justice Grant
520Program.
521     3.  One and seven-tenths percent to the Department of
522Children and Family Services Domestic Violence Trust Fund for
523the domestic violence program pursuant to s. 39.903(2)(3).
524     Section 15.  This act shall take effect July 1, 2011.
525
526
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527
T I T L E  A M E N D M E N T
528     Remove the entire title and insert:
529
A bill to be entitled
530An act relating to domestic violence; amending s. 39.903,
531F.S.; revising provisions relating to certification of
532domestic violence centers; providing specified additional
533duties for and authority of the Florida Coalition Against
534Domestic Violence; revising the duties of the Department
535of Children and Family Services; requiring the department
536to contract with the Florida Coalition Against Domestic
537Violence for specified purposes; amending s. 39.904, F.S.;
538requiring the Florida Coalition Against Domestic Violence
539rather than the department to make a specified annual
540report; revising the contents of the report; amending s.
54139.905, F.S.; requiring the Florida Coalition Against
542Domestic Violence rather than the department to perform
543certain duties relating to certification of domestic
544violence centers; revising provisions relating to
545certification of domestic violence centers; requiring a
546demonstration of need for certification of a new domestic
547violence center; revising provisions relating to
548expiration of a center's annual certificate; amending ss.
549381.006, 381.0072, 741.281, 741.2902, 741.30, and 741.316,
550F.S.; conforming provisions to changes made by the act;
551amending s. 741.32, F.S.; deleting provisions relating to
552certification of batterers' intervention programs;
553amending s. 741.325, F.S.; revising the requirements for
554batters' intervention programs; repealing s. 741.327,
555F.S., relating to certification and monitoring of
556batterers' intervention programs; amending ss. 948.038 and
557938.01, F.S.; conforming provisions to changes made by the
558act; providing an effective date.


CODING: Words stricken are deletions; words underlined are additions.