| 1 | A bill to be entitled |
| 2 | An act relating to domestic violence; amending s. 39.903, |
| 3 | F.S.; revising provisions relating to certification of |
| 4 | domestic violence centers; providing specified additional |
| 5 | duties for and authority of the Florida Coalition Against |
| 6 | Domestic Violence; revising the duties of the Department |
| 7 | of Children and Family Services; requiring the department |
| 8 | to contract with the Florida Coalition Against Domestic |
| 9 | Violence for specified purposes; amending s. 39.904, F.S.; |
| 10 | requiring the Florida Coalition Against Domestic Violence |
| 11 | rather than the department to make a specified annual |
| 12 | report; revising the contents of the report; amending s. |
| 13 | 39.905, F.S.; requiring the Florida Coalition Against |
| 14 | Domestic Violence rather than the department to perform |
| 15 | certain duties relating to certification of domestic |
| 16 | violence centers; revising provisions relating to |
| 17 | certification of domestic violence centers; requiring a |
| 18 | demonstration of need for certification of a new domestic |
| 19 | violence center; revising provisions relating to |
| 20 | expiration of a center's annual certificate; amending ss. |
| 21 | 381.006, 381.0072, 741.281, 741.2902, 741.30, and 741.316, |
| 22 | F.S.; conforming provisions to changes made by the act; |
| 23 | amending s. 741.32, F.S.; deleting provisions relating to |
| 24 | certification of batterers' intervention programs by the |
| 25 | Department of Children and Family Services; amending s. |
| 26 | 741.325, F.S.; revising the requirements for batters' |
| 27 | intervention programs; repealing s. 741.327, F.S., |
| 28 | relating to certification and monitoring of batterers' |
| 29 | intervention programs; amending ss. 948.038 and 938.01, |
| 30 | F.S.; conforming provisions to changes made by the act; |
| 31 | providing an effective date. |
| 32 |
|
| 33 | Be It Enacted by the Legislature of the State of Florida: |
| 34 |
|
| 35 | Section 1. Section 39.903, Florida Statutes, is amended to |
| 36 | read: |
| 37 | 39.903 Duties and functions of the department with respect |
| 38 | to domestic violence.- |
| 39 | (1) The department shall: |
| 40 | (a) Develop by rule criteria for the approval or rejection |
| 41 | of domestic violence centers applying for initial certification |
| 42 | after July 1, 2011 certification or funding of domestic violence |
| 43 | centers. |
| 44 | (b) Develop by rule minimum standards for domestic |
| 45 | violence centers to ensure the health and safety of the clients |
| 46 | in the centers. |
| 47 | (c) Receive and approve or reject applications for initial |
| 48 | certification of domestic violence centers. Such certification |
| 49 | shall be renewed annually thereafter by the department upon a |
| 50 | favorable monitoring report by the Florida Coalition Against |
| 51 | Domestic Violence. If any of the required services are exempted |
| 52 | from certification by the department under s. 39.905(1)(c), the |
| 53 | center may shall not receive funding from the Florida Coalition |
| 54 | Against Domestic Violence for those services. |
| 55 | (d) Have Evaluate each certified domestic violence center |
| 56 | annually to ensure compliance with the minimum standards. The |
| 57 | department has the right to enter and inspect the premises of |
| 58 | domestic violence centers applying for an initial certification |
| 59 | after July 1, 2011, certified domestic violence centers at any |
| 60 | reasonable hour in order to effectively evaluate the state of |
| 61 | compliance with minimum standards of these centers with this |
| 62 | part and rules relating to this part. The Florida Coalition |
| 63 | Against Domestic Violence has the right to enter and inspect the |
| 64 | premises of certified domestic violence centers for monitoring |
| 65 | purposes. |
| 66 | (e) Adopt rules to implement this part. |
| 67 | (f) Promote the involvement of certified domestic violence |
| 68 | centers in the coordination, development, and planning of |
| 69 | domestic violence programming in the circuits districts and the |
| 70 | state. |
| 71 | (2) The department shall serve as a clearinghouse for |
| 72 | information relating to domestic violence. |
| 73 | (2)(3) The department shall operate the domestic violence |
| 74 | program and partner with the Florida Coalition Against Domestic |
| 75 | Violence in, which provides supervision, direction, |
| 76 | coordination, and administration of statewide activities related |
| 77 | to the prevention of domestic violence. |
| 78 | (3)(4) The department shall coordinate with state agencies |
| 79 | having health, education, or criminal justice responsibilities |
| 80 | to raise awareness of domestic violence and promote consistent |
| 81 | policy implementation enlist the assistance of public and |
| 82 | voluntary health, education, welfare, and rehabilitation |
| 83 | agencies in a concerted effort to prevent domestic violence and |
| 84 | to treat persons engaged in or subject to domestic violence. |
| 85 | With the assistance of these agencies, the department, within |
| 86 | existing resources, shall formulate and conduct a research and |
| 87 | evaluation program on domestic violence. Efforts on the part of |
| 88 | these agencies to obtain relevant grants to fund this research |
| 89 | and evaluation program must be supported by the department. |
| 90 | (4) The department shall serve as the lead agency for |
| 91 | application of relevant federal grants and the coordinator of |
| 92 | the state's STOP Implementation Plan pursuant to the federal |
| 93 | Violence Against Women Act which promotes domestic violence |
| 94 | awareness, increases services to victims, and strengthens |
| 95 | perpetrator accountability. |
| 96 | (5) The department shall develop and provide educational |
| 97 | programs on domestic violence for the benefit of the general |
| 98 | public, persons engaged in or subject to domestic violence, |
| 99 | professional persons, or others who care for or may be engaged |
| 100 | in the care and treatment of persons engaged in or subject to |
| 101 | domestic violence. |
| 102 | (5)(6) The department shall cooperate with, assist in, and |
| 103 | participate in, programs of other properly qualified state |
| 104 | agencies, federal agencies, private organizations including any |
| 105 | agency of the Federal Government, schools of medicine, |
| 106 | hospitals, and clinics, in planning and conducting research on |
| 107 | the prevention of domestic violence and provision of services to |
| 108 | clients, care, treatment, and rehabilitation of persons engaged |
| 109 | in or subject to domestic violence. |
| 110 | (6)(7) The department shall contract with the Florida |
| 111 | Coalition Against Domestic Violence, the a statewide association |
| 112 | whose primary purpose is to represent and provide technical |
| 113 | assistance to certified domestic violence centers, for the |
| 114 | delivery and management of the delivery of services for the |
| 115 | state's domestic violence program. Services under this contract |
| 116 | shall include, but are not limited to, administration of |
| 117 | contracts and grants associated with the implementation of the |
| 118 | state's STOP Implementation Plan pursuant to the federal |
| 119 | Violence Against Women Act and the implementation of other |
| 120 | federal grants as directed by the department. As part of its |
| 121 | management of the delivery of services for the state's domestic |
| 122 | violence program, the coalition This association shall |
| 123 | implement, administer, and evaluate all services provided by the |
| 124 | certified domestic violence centers,. The association shall |
| 125 | receive and approve or reject applications for funding of |
| 126 | certified domestic violence centers, and evaluate certified |
| 127 | domestic violence centers to determine compliance with |
| 128 | certification minimum standards. When approving funding for a |
| 129 | newly certified domestic violence center, the association shall |
| 130 | make every effort to minimize any adverse economic impact on |
| 131 | existing certified domestic violence centers or services |
| 132 | provided within the same service area. In order to minimize |
| 133 | duplication of services, the association shall make every effort |
| 134 | to encourage subcontracting relationships with existing |
| 135 | certified domestic violence centers within the same service |
| 136 | area. In distributing funds allocated by the Legislature for |
| 137 | certified domestic violence centers, the association shall use a |
| 138 | formula approved by the department as specified in s. |
| 139 | 39.905(7)(a). |
| 140 | (7) The department shall consider and award applications |
| 141 | from certified domestic violence centers for capital improvement |
| 142 | grants pursuant to s. 39.9055. |
| 143 | Section 2. Section 39.904, Florida Statutes, is amended to |
| 144 | read: |
| 145 | 39.904 Report to the Legislature on the status of domestic |
| 146 | violence cases.-On or before January 1 of each year, the Florida |
| 147 | Coalition Against Domestic Violence department shall furnish to |
| 148 | the President of the Senate and the Speaker of the House of |
| 149 | Representatives a report on the status of domestic violence in |
| 150 | this state, which report shall include, but is not limited to, |
| 151 | the following: |
| 152 | (1) The incidence of domestic violence in this state. |
| 153 | (2) An identification of the areas of the state where |
| 154 | domestic violence is of significant proportions, indicating the |
| 155 | number of cases of domestic violence officially reported, as |
| 156 | well as an assessment of the degree of unreported cases of |
| 157 | domestic violence. |
| 158 | (3) An identification and description of the types of |
| 159 | programs in the state that assist victims of domestic violence |
| 160 | or persons who commit domestic violence, including information |
| 161 | on funding for the programs. |
| 162 | (4) The number of persons who receive services from are |
| 163 | treated by or assisted by local certified domestic violence |
| 164 | programs that receive funding through the Florida Coalition |
| 165 | Against Domestic Violence department. |
| 166 | (5) The incidence of domestic violence homicides in the |
| 167 | state, including information and data collected from state and |
| 168 | local domestic violence fatality review teams. |
| 169 | (5) A statement on the effectiveness of such programs in |
| 170 | preventing future domestic violence. |
| 171 | (6) An inventory and evaluation of existing prevention |
| 172 | programs. |
| 173 | (7) A listing of potential prevention efforts identified |
| 174 | by the department; the estimated annual cost of providing such |
| 175 | prevention services, both for a single client and for the |
| 176 | anticipated target population as a whole; an identification of |
| 177 | potential sources of funding; and the projected benefits of |
| 178 | providing such services. |
| 179 | Section 3. Paragraphs (c), (g), and (i) of subsection (1), |
| 180 | subsections (2), (3), and (5), paragraph (a) of subsection (6), |
| 181 | and paragraph (b) of subsection (7) of section 39.905, Florida |
| 182 | Statutes, are amended to read: |
| 183 | 39.905 Domestic violence centers.- |
| 184 | (1) Domestic violence centers certified under this part |
| 185 | must: |
| 186 | (c) Provide minimum services that which include, but are |
| 187 | not limited to, information and referral services, counseling |
| 188 | and case management services, temporary emergency shelter for |
| 189 | more than 24 hours, a 24-hour hotline, training for law |
| 190 | enforcement personnel, assessment and appropriate referral of |
| 191 | resident children, and educational services for community |
| 192 | awareness relative to the incidence of domestic violence, the |
| 193 | prevention of such violence, and the services available care, |
| 194 | treatment, and rehabilitation for persons engaged in or subject |
| 195 | to domestic violence. If a 24-hour hotline, professional |
| 196 | training, or community education is already provided by a |
| 197 | certified domestic violence center within its designated service |
| 198 | area a district, the department may exempt such certification |
| 199 | requirements for a new center serving the same service area |
| 200 | district in order to avoid duplication of services. |
| 201 | (g) File with the Florida Coalition Against Domestic |
| 202 | Violence department a list of the names of the domestic violence |
| 203 | advocates who are employed or who volunteer at the domestic |
| 204 | violence center who may claim a privilege under s. 90.5036 to |
| 205 | refuse to disclose a confidential communication between a victim |
| 206 | of domestic violence and the advocate regarding the domestic |
| 207 | violence inflicted upon the victim. The list must include the |
| 208 | title of the position held by the advocate whose name is listed |
| 209 | and a description of the duties of that position. A domestic |
| 210 | violence center must file amendments to this list as necessary. |
| 211 | (i) If its center is a new center applying for |
| 212 | certification, demonstrate that the services provided address a |
| 213 | need identified in the most current statewide needs assessment |
| 214 | approved by the department. If the center applying for initial |
| 215 | certification proposes providing services in an area where a |
| 216 | certified domestic violence center exists, it must demonstrate |
| 217 | the unmet need by the existing center and describe any efforts |
| 218 | to reduce duplication of services. |
| 219 | (2) If the department finds that there is failure by a |
| 220 | center to comply with the requirements established under this |
| 221 | part or with the rules adopted pursuant thereto, the department |
| 222 | may deny, suspend, or revoke the certification of the center. |
| 223 | The grant, denial, suspension, or revocation of certification |
| 224 | does not constitute agency action under chapter 120. |
| 225 | (3) The annual certificate shall automatically expires |
| 226 | expire on December 31 unless the certification is temporarily |
| 227 | extended to allow the center to implement corrective action |
| 228 | plans the termination date shown on the certificate. |
| 229 | (5) Domestic violence centers may be established |
| 230 | throughout the state when private, local, state, or federal |
| 231 | funds are available and a need is demonstrated. |
| 232 | (6) In order to receive state funds, a center must: |
| 233 | (a) Obtain certification pursuant to this part. However, |
| 234 | the issuance of a certificate does will not obligate the Florida |
| 235 | Coalition Against Domestic Violence department to provide |
| 236 | funding. |
| 237 | (7) |
| 238 | (b) A contract between the Florida Coalition Against |
| 239 | Domestic Violence statewide association and a certified domestic |
| 240 | violence center shall contain provisions ensuring assuring the |
| 241 | availability and geographic accessibility of services throughout |
| 242 | the service area district. For this purpose, a center may |
| 243 | distribute funds through subcontracts or to center satellites, |
| 244 | if provided such arrangements and any subcontracts are approved |
| 245 | by the Florida Coalition Against Domestic Violence statewide |
| 246 | association. |
| 247 | Section 4. Subsection (18) of section 381.006, Florida |
| 248 | Statutes, is amended to read: |
| 249 | 381.006 Environmental health.-The department shall conduct |
| 250 | an environmental health program as part of fulfilling the |
| 251 | state's public health mission. The purpose of this program is to |
| 252 | detect and prevent disease caused by natural and manmade factors |
| 253 | in the environment. The environmental health program shall |
| 254 | include, but not be limited to: |
| 255 | (18) A food service inspection function for domestic |
| 256 | violence centers that are certified and monitored by the Florida |
| 257 | Coalition Against Domestic Violence Department of Children and |
| 258 | Family Services under part XIII of chapter 39 and group care |
| 259 | homes as described in subsection (16), which shall be conducted |
| 260 | annually and be limited to the requirements in department rule |
| 261 | applicable to community-based residential facilities with five |
| 262 | or fewer residents. |
| 263 |
|
| 264 | The department may adopt rules to carry out the provisions of |
| 265 | this section. |
| 266 | Section 5. Paragraph (b) of subsection (1) of section |
| 267 | 381.0072, Florida Statutes, is amended to read: |
| 268 | 381.0072 Food service protection.-It shall be the duty of |
| 269 | the Department of Health to adopt and enforce sanitation rules |
| 270 | consistent with law to ensure the protection of the public from |
| 271 | food-borne illness. These rules shall provide the standards and |
| 272 | requirements for the storage, preparation, serving, or display |
| 273 | of food in food service establishments as defined in this |
| 274 | section and which are not permitted or licensed under chapter |
| 275 | 500 or chapter 509. |
| 276 | (1) DEFINITIONS.-As used in this section, the term: |
| 277 | (b) "Food service establishment" means detention |
| 278 | facilities, public or private schools, migrant labor camps, |
| 279 | assisted living facilities, adult family-care homes, adult day |
| 280 | care centers, short-term residential treatment centers, |
| 281 | residential treatment facilities, homes for special services, |
| 282 | transitional living facilities, crisis stabilization units, |
| 283 | hospices, prescribed pediatric extended care centers, |
| 284 | intermediate care facilities for persons with developmental |
| 285 | disabilities, boarding schools, civic or fraternal |
| 286 | organizations, bars and lounges, vending machines that dispense |
| 287 | potentially hazardous foods at facilities expressly named in |
| 288 | this paragraph, and facilities used as temporary food events or |
| 289 | mobile food units at any facility expressly named in this |
| 290 | paragraph, where food is prepared and intended for individual |
| 291 | portion service, including the site at which individual portions |
| 292 | are provided, regardless of whether consumption is on or off the |
| 293 | premises and regardless of whether there is a charge for the |
| 294 | food. The term does not include any entity not expressly named |
| 295 | in this paragraph; nor does the term include a domestic violence |
| 296 | center certified and monitored by the Florida Coalition Against |
| 297 | Domestic Violence Department of Children and Family Services |
| 298 | under part XIII of chapter 39 if the center does not prepare and |
| 299 | serve food to its residents and does not advertise food or drink |
| 300 | for public consumption. |
| 301 | Section 6. Section 741.281, Florida Statutes, is amended |
| 302 | to read: |
| 303 | 741.281 Court to order batterers' intervention program |
| 304 | attendance.-If a person is found guilty of, has had adjudication |
| 305 | withheld on, or pleads has pled nolo contendere to a crime of |
| 306 | domestic violence, as defined in s. 741.28, that person shall be |
| 307 | ordered by the court to a minimum term of 1 year's probation and |
| 308 | the court shall order that the defendant attend a batterers' |
| 309 | intervention program as a condition of probation. The court must |
| 310 | impose the condition of the batterers' intervention program for |
| 311 | a defendant under this section, but the court, in its |
| 312 | discretion, may determine not to impose the condition if it |
| 313 | states on the record why a batterers' intervention program might |
| 314 | be inappropriate. The court must impose the condition of the |
| 315 | batterers' intervention program for a defendant placed on |
| 316 | probation unless the court determines that the person does not |
| 317 | qualify for the batterers' intervention program pursuant to s. |
| 318 | 741.325. Effective July 1, 2002, the batterers' intervention |
| 319 | program must be a certified program under s. 741.32. The |
| 320 | imposition of probation under this section does shall not |
| 321 | preclude the court from imposing any sentence of imprisonment |
| 322 | authorized by s. 775.082. |
| 323 | Section 7. Paragraph (g) of subsection (2) of section |
| 324 | 741.2902, Florida Statutes, is amended to read: |
| 325 | 741.2902 Domestic violence; legislative intent with |
| 326 | respect to judiciary's role.- |
| 327 | (2) It is the intent of the Legislature, with respect to |
| 328 | injunctions for protection against domestic violence, issued |
| 329 | pursuant to s. 741.30, that the court shall: |
| 330 | (g) Consider requiring the perpetrator to complete a |
| 331 | batterers' intervention program. It is preferred that such |
| 332 | program include requirements as stated in s. 741.325 be |
| 333 | certified under s. 741.32. |
| 334 | Section 8. Paragraphs (a) and (e) of subsection (6) of |
| 335 | section 741.30, Florida Statutes, are amended to read: |
| 336 | 741.30 Domestic violence; injunction; powers and duties of |
| 337 | court and clerk; petition; notice and hearing; temporary |
| 338 | injunction; issuance of injunction; statewide verification |
| 339 | system; enforcement.- |
| 340 | (6)(a) Upon notice and hearing, when it appears to the |
| 341 | court that the petitioner is either the victim of domestic |
| 342 | violence as defined by s. 741.28 or has reasonable cause to |
| 343 | believe he or she is in imminent danger of becoming a victim of |
| 344 | domestic violence, the court may grant such relief as the court |
| 345 | deems proper, including an injunction: |
| 346 | 1. Restraining the respondent from committing any acts of |
| 347 | domestic violence. |
| 348 | 2. Awarding to the petitioner the exclusive use and |
| 349 | possession of the dwelling that the parties share or excluding |
| 350 | the respondent from the residence of the petitioner. |
| 351 | 3. On the same basis as provided in chapter 61, providing |
| 352 | the petitioner with 100 percent of the time-sharing in a |
| 353 | temporary parenting plan that shall remain in effect until the |
| 354 | order expires or an order is entered by a court of competent |
| 355 | jurisdiction in a pending or subsequent civil action or |
| 356 | proceeding affecting the placement of, access to, parental time |
| 357 | with, adoption of, or parental rights and responsibilities for |
| 358 | the minor child. |
| 359 | 4. On the same basis as provided in chapter 61, |
| 360 | establishing temporary support for a minor child or children or |
| 361 | the petitioner. An order of temporary support remains in effect |
| 362 | until the order expires or an order is entered by a court of |
| 363 | competent jurisdiction in a pending or subsequent civil action |
| 364 | or proceeding affecting child support. |
| 365 | 5. Ordering the respondent to participate in treatment, |
| 366 | intervention, or counseling services to be paid for by the |
| 367 | respondent. When the court orders the respondent to participate |
| 368 | in a batterers' intervention program, the court, or any entity |
| 369 | designated by the court, must provide the respondent with a list |
| 370 | of all certified batterers' intervention programs and all |
| 371 | programs that which have submitted an application to the |
| 372 | Department of Children and Family Services to become certified |
| 373 | under s. 741.32, from which the respondent must choose a program |
| 374 | in which to participate. If there are no certified batterers' |
| 375 | intervention programs in the circuit, the court shall provide a |
| 376 | list of acceptable programs from which the respondent must |
| 377 | choose a program in which to participate. |
| 378 | 6. Referring a petitioner to a certified domestic violence |
| 379 | center. The court must provide the petitioner with a list of |
| 380 | certified domestic violence centers in the circuit which the |
| 381 | petitioner may contact. |
| 382 | 7. Ordering such other relief as the court deems necessary |
| 383 | for the protection of a victim of domestic violence, including |
| 384 | injunctions or directives to law enforcement agencies, as |
| 385 | provided in this section. |
| 386 | (e) An injunction for protection against domestic violence |
| 387 | entered pursuant to this section, on its face, may order that |
| 388 | the respondent attend a batterers' intervention program as a |
| 389 | condition of the injunction. Unless the court makes written |
| 390 | factual findings in its judgment or order which are based on |
| 391 | substantial evidence, stating why batterers' intervention |
| 392 | programs would be inappropriate, the court shall order the |
| 393 | respondent to attend a batterers' intervention program if: |
| 394 | 1. It finds that the respondent willfully violated the ex |
| 395 | parte injunction; |
| 396 | 2. The respondent, in this state or any other state, has |
| 397 | been convicted of, had adjudication withheld on, or pled nolo |
| 398 | contendere to a crime involving violence or a threat of |
| 399 | violence; or |
| 400 | 3. The respondent, in this state or any other state, has |
| 401 | had at any time a prior injunction for protection entered |
| 402 | against the respondent after a hearing with notice. |
| 403 |
|
| 404 | It is mandatory that such programs be certified under this part |
| 405 |
|
| 406 | Section 9. Subsection (5) of section 741.316, Florida |
| 407 | Statutes, is amended to read: |
| 408 | 741.316 Domestic violence fatality review teams; |
| 409 | definition; membership; duties.- |
| 410 | (5) The domestic violence fatality review teams are |
| 411 | assigned to the Florida Coalition Against Domestic Violence |
| 412 | Department of Children and Family Services for administrative |
| 413 | purposes. |
| 414 | Section 10. Section 741.32, Florida Statutes, is amended |
| 415 | to read: |
| 416 | 741.32 Certification of Batterers' intervention programs.- |
| 417 | (1) The Legislature finds that the incidence of domestic |
| 418 | violence in this state Florida is disturbingly high, and that, |
| 419 | despite the efforts of many to curb this violence, that one |
| 420 | person dies at the hands of a spouse, ex-spouse, or cohabitant |
| 421 | approximately every 3 days. Further, a child who witnesses the |
| 422 | perpetration of this violence becomes a victim as he or she |
| 423 | hears or sees it occurring. This child is at high risk of also |
| 424 | being the victim of physical abuse by the parent who is |
| 425 | perpetrating the violence and, to a lesser extent, by the parent |
| 426 | who is the victim. These children are also at a high risk of |
| 427 | perpetrating violent crimes as juveniles and, later, becoming |
| 428 | perpetrators of the same violence that they witnessed as |
| 429 | children. The Legislature finds that there should be |
| 430 | standardized programming available to the justice system to |
| 431 | protect victims and their children and to hold the perpetrators |
| 432 | of domestic violence accountable for their acts. Finally, the |
| 433 | Legislature recognizes that in order for batterers' intervention |
| 434 | programs to be successful in protecting victims and their |
| 435 | children, all participants in the justice system as well as |
| 436 | social service agencies and local and state governments must |
| 437 | coordinate their efforts at the community level. |
| 438 | (2) There is hereby established in the Department of |
| 439 | Children and Family Services an Office for Certification and |
| 440 | Monitoring of Batterers' Intervention Programs. The department |
| 441 | may certify and monitor both programs and personnel providing |
| 442 | direct services to those persons who are adjudged to have |
| 443 | committed an act of domestic violence as defined in s. 741.28, |
| 444 | those against whom an injunction for protection against domestic |
| 445 | violence is entered, those referred by the department, and those |
| 446 | who volunteer to attend such programs. The purpose of |
| 447 | certification of programs is to uniformly and systematically |
| 448 | standardize programs to hold those who perpetrate acts of |
| 449 | domestic violence responsible for those acts and to ensure |
| 450 | safety for victims of domestic violence. The certification and |
| 451 | monitoring shall be funded by user fees as provided in s. |
| 452 | 741.327. |
| 453 | Section 11. Section 741.325, Florida Statutes, is amended |
| 454 | to read: |
| 455 | 741.325 Requirements for batterers' intervention programs |
| 456 | Guideline authority.- |
| 457 | (1) A batterers' intervention program shall meet the |
| 458 | following requirements The Department of Children and Family |
| 459 | Services shall promulgate guidelines to govern purpose, |
| 460 | policies, standards of care, appropriate intervention |
| 461 | approaches, inappropriate intervention approaches during the |
| 462 | batterers' program intervention phase (to include couples |
| 463 | counseling and mediation), conflicts of interest, assessment, |
| 464 | program content and specifics, qualifications of providers, and |
| 465 | credentials for facilitators, supervisors, and trainees. The |
| 466 | department shall, in addition, establish specific procedures |
| 467 | governing all aspects of program operation, including |
| 468 | administration, personnel, fiscal matters, victim and batterer |
| 469 | records, education, evaluation, referral to treatment and other |
| 470 | matters as needed. In addition, the rules shall establish: |
| 471 | (a)(1) That The primary purpose of the program programs |
| 472 | shall be victim safety and the safety of the children, if |
| 473 | present. |
| 474 | (b)(2) That The batterer shall be held accountable for |
| 475 | acts of domestic violence. |
| 476 | (c)(3) That The program programs shall be at least 29 |
| 477 | weeks in length and shall include 24 weekly sessions, plus |
| 478 | appropriate intake, assessment, and orientation programming. |
| 479 | (d)(4) That The program shall be a psychoeducational model |
| 480 | that employs a program content based on tactics of power and |
| 481 | control by one person over another. |
| 482 | (5) That the programs and those who are facilitators, |
| 483 | supervisors, and trainees be certified to provide these programs |
| 484 | through initial certification and that the programs and |
| 485 | personnel be annually monitored to ensure that they are meeting |
| 486 | specified standards. |
| 487 | (e)(6) The intent that The program shall programs be user- |
| 488 | fee funded with fees from the batterers who attend the program |
| 489 | as payment, which for programs is important to the batterer |
| 490 | taking responsibility for the act of violence, and from those |
| 491 | seeking certification. Exception shall be made for those local, |
| 492 | state, or federal programs that fund batterers' intervention |
| 493 | programs in whole or in part. |
| 494 | (7) Standards for rejection and suspension for failure to |
| 495 | meet certification standards. |
| 496 | (2)(8) The requirements of this section That these |
| 497 | standards shall apply only to programs that address the |
| 498 | perpetration of violence between intimate partners, spouses, ex- |
| 499 | spouses, or those who share a child in common or who are |
| 500 | cohabitants in intimate relationships for the purpose of |
| 501 | exercising power and control by one over the other. It will |
| 502 | endanger victims if courts and other referral agencies refer |
| 503 | family and household members who are not perpetrators of the |
| 504 | type of domestic violence encompassed by these requirements |
| 505 | standards. Accordingly, the court and others who make referrals |
| 506 | should refer perpetrators only to programming that appropriately |
| 507 | addresses the violence committed. |
| 508 | Section 12. Section 741.327, Florida Statutes, is |
| 509 | repealed. |
| 510 | Section 13. Section 948.038, Florida Statutes, is amended |
| 511 | to read: |
| 512 | 948.038 Batterers' intervention program as a condition of |
| 513 | probation, community control, or other court-ordered community |
| 514 | supervision.-As a condition of probation, community control, or |
| 515 | any other court-ordered community supervision, the court shall |
| 516 | order a person convicted of an offense of domestic violence, as |
| 517 | defined in s. 741.28, to attend and successfully complete a |
| 518 | batterers' intervention program unless the court determines that |
| 519 | the person does not qualify for the batterers' intervention |
| 520 | program pursuant to s. 741.325. The batterers' intervention |
| 521 | program must be a program certified under s. 741.32, and The |
| 522 | offender must pay the cost of attending the program. |
| 523 | Section 14. Paragraph (a) of subsection (1) of section |
| 524 | 938.01, Florida Statutes, is amended to read: |
| 525 | 938.01 Additional Court Cost Clearing Trust Fund.- |
| 526 | (1) All courts created by Art. V of the State Constitution |
| 527 | shall, in addition to any fine or other penalty, require every |
| 528 | person convicted for violation of a state penal or criminal |
| 529 | statute or convicted for violation of a municipal or county |
| 530 | ordinance to pay $3 as a court cost. Any person whose |
| 531 | adjudication is withheld pursuant to the provisions of s. |
| 532 | 318.14(9) or (10) shall also be liable for payment of such cost. |
| 533 | In addition, $3 from every bond estreature or forfeited bail |
| 534 | bond related to such penal statutes or penal ordinances shall be |
| 535 | remitted to the Department of Revenue as described in this |
| 536 | subsection. However, no such assessment may be made against any |
| 537 | person convicted for violation of any state statute, municipal |
| 538 | ordinance, or county ordinance relating to the parking of |
| 539 | vehicles. |
| 540 | (a) All costs collected by the courts pursuant to this |
| 541 | subsection shall be remitted to the Department of Revenue in |
| 542 | accordance with administrative rules adopted by the executive |
| 543 | director of the Department of Revenue for deposit in the |
| 544 | Additional Court Cost Clearing Trust Fund. These funds and the |
| 545 | funds deposited in the Additional Court Cost Clearing Trust Fund |
| 546 | pursuant to s. 318.21(2)(c) shall be distributed as follows: |
| 547 | 1. Ninety-two percent to the Department of Law Enforcement |
| 548 | Criminal Justice Standards and Training Trust Fund. |
| 549 | 2. Six and three-tenths percent to the Department of Law |
| 550 | Enforcement Operating Trust Fund for the Criminal Justice Grant |
| 551 | Program. |
| 552 | 3. One and seven-tenths percent to the Department of |
| 553 | Children and Family Services Domestic Violence Trust Fund for |
| 554 | the domestic violence program pursuant to s. 39.903(2)(3). |
| 555 | Section 15. This act shall take effect July 1, 2011. |