HB 5309

1
A bill to be entitled
2An act relating to domestic violence; amending s. 39.903,
3F.S.; revising provisions relating to certification of
4domestic violence centers; providing specified additional
5duties for and authority of the Florida Coalition Against
6Domestic Violence; revising the duties of the Department
7of Children and Family Services; requiring the department
8to contract with the Florida Coalition Against Domestic
9Violence for specified purposes; amending s. 39.904, F.S.;
10requiring the Florida Coalition Against Domestic Violence
11rather than the department to make a specified annual
12report; revising the contents of the report; amending s.
1339.905, F.S.; requiring the Florida Coalition Against
14Domestic Violence rather than the department to perform
15certain duties relating to certification of domestic
16violence centers; revising provisions relating to
17certification of domestic violence centers; requiring a
18demonstration of need for certification of a new domestic
19violence center; revising provisions relating to
20expiration of a center's annual certificate; amending ss.
21381.006, 381.0072, 741.281, 741.2902, 741.30, and 741.316,
22F.S.; conforming provisions to changes made by the act;
23amending s. 741.32, F.S.; deleting provisions relating to
24certification of batterers' intervention programs by the
25Department of Children and Family Services; amending s.
26741.325, F.S.; revising the requirements for batters'
27intervention programs; repealing s. 741.327, F.S.,
28relating to certification and monitoring of batterers'
29intervention programs; amending ss. 948.038 and 938.01,
30F.S.; conforming provisions to changes made by the act;
31providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Section 39.903, Florida Statutes, is amended to
36read:
37     39.903  Duties and functions of the department with respect
38to domestic violence.-
39     (1)  The department shall:
40     (a)  Develop by rule criteria for the approval or rejection
41of domestic violence centers applying for initial certification
42after July 1, 2011 certification or funding of domestic violence
43centers.
44     (b)  Develop by rule minimum standards for domestic
45violence centers to ensure the health and safety of the clients
46in the centers.
47     (c)  Receive and approve or reject applications for initial
48certification of domestic violence centers. Such certification
49shall be renewed annually thereafter by the department upon a
50favorable monitoring report by the Florida Coalition Against
51Domestic Violence. If any of the required services are exempted
52from certification by the department under s. 39.905(1)(c), the
53center may shall not receive funding from the Florida Coalition
54Against Domestic Violence for those services.
55     (d)  Have Evaluate each certified domestic violence center
56annually to ensure compliance with the minimum standards. The
57department has the right to enter and inspect the premises of
58domestic violence centers applying for an initial certification
59after July 1, 2011, certified domestic violence centers at any
60reasonable hour in order to effectively evaluate the state of
61compliance with minimum standards of these centers with this
62part and rules relating to this part. The Florida Coalition
63Against Domestic Violence has the right to enter and inspect the
64premises of certified domestic violence centers for monitoring
65purposes.
66     (e)  Adopt rules to implement this part.
67     (f)  Promote the involvement of certified domestic violence
68centers in the coordination, development, and planning of
69domestic violence programming in the circuits districts and the
70state.
71     (2)  The department shall serve as a clearinghouse for
72information relating to domestic violence.
73     (2)(3)  The department shall operate the domestic violence
74program and partner with the Florida Coalition Against Domestic
75Violence in, which provides supervision, direction,
76coordination, and administration of statewide activities related
77to the prevention of domestic violence.
78     (3)(4)  The department shall coordinate with state agencies
79having health, education, or criminal justice responsibilities
80to raise awareness of domestic violence and promote consistent
81policy implementation enlist the assistance of public and
82voluntary health, education, welfare, and rehabilitation
83agencies in a concerted effort to prevent domestic violence and
84to treat persons engaged in or subject to domestic violence.
85With the assistance of these agencies, the department, within
86existing resources, shall formulate and conduct a research and
87evaluation program on domestic violence. Efforts on the part of
88these agencies to obtain relevant grants to fund this research
89and evaluation program must be supported by the department.
90     (4)  The department shall serve as the lead agency for
91application of relevant federal grants and the coordinator of
92the state's STOP Implementation Plan pursuant to the federal
93Violence Against Women Act which promotes domestic violence
94awareness, increases services to victims, and strengthens
95perpetrator accountability.
96     (5)  The department shall develop and provide educational
97programs on domestic violence for the benefit of the general
98public, persons engaged in or subject to domestic violence,
99professional persons, or others who care for or may be engaged
100in the care and treatment of persons engaged in or subject to
101domestic violence.
102     (5)(6)  The department shall cooperate with, assist in, and
103participate in, programs of other properly qualified state
104agencies, federal agencies, private organizations including any
105agency of the Federal Government, schools of medicine,
106hospitals, and clinics, in planning and conducting research on
107the prevention of domestic violence and provision of services to
108clients, care, treatment, and rehabilitation of persons engaged
109in or subject to domestic violence.
110     (6)(7)  The department shall contract with the Florida
111Coalition Against Domestic Violence, the a statewide association
112whose primary purpose is to represent and provide technical
113assistance to certified domestic violence centers, for the
114delivery and management of the delivery of services for the
115state's domestic violence program. Services under this contract
116shall include, but are not limited to, administration of
117contracts and grants associated with the implementation of the
118state's STOP Implementation Plan pursuant to the federal
119Violence Against Women Act and the implementation of other
120federal grants as directed by the department. As part of its
121management of the delivery of services for the state's domestic
122violence program, the coalition This association shall
123implement, administer, and evaluate all services provided by the
124certified domestic violence centers,. The association shall
125receive and approve or reject applications for funding of
126certified domestic violence centers, and evaluate certified
127domestic violence centers to determine compliance with
128certification minimum standards. When approving funding for a
129newly certified domestic violence center, the association shall
130make every effort to minimize any adverse economic impact on
131existing certified domestic violence centers or services
132provided within the same service area. In order to minimize
133duplication of services, the association shall make every effort
134to encourage subcontracting relationships with existing
135certified domestic violence centers within the same service
136area. In distributing funds allocated by the Legislature for
137certified domestic violence centers, the association shall use a
138formula approved by the department as specified in s.
13939.905(7)(a).
140     (7)  The department shall consider and award applications
141from certified domestic violence centers for capital improvement
142grants pursuant to s. 39.9055.
143     Section 2.  Section 39.904, Florida Statutes, is amended to
144read:
145     39.904  Report to the Legislature on the status of domestic
146violence cases.-On or before January 1 of each year, the Florida
147Coalition Against Domestic Violence department shall furnish to
148the President of the Senate and the Speaker of the House of
149Representatives a report on the status of domestic violence in
150this state, which report shall include, but is not limited to,
151the following:
152     (1)  The incidence of domestic violence in this state.
153     (2)  An identification of the areas of the state where
154domestic violence is of significant proportions, indicating the
155number of cases of domestic violence officially reported, as
156well as an assessment of the degree of unreported cases of
157domestic violence.
158     (3)  An identification and description of the types of
159programs in the state that assist victims of domestic violence
160or persons who commit domestic violence, including information
161on funding for the programs.
162     (4)  The number of persons who receive services from are
163treated by or assisted by local certified domestic violence
164programs that receive funding through the Florida Coalition
165Against Domestic Violence department.
166     (5)  The incidence of domestic violence homicides in the
167state, including information and data collected from state and
168local domestic violence fatality review teams.
169     (5)  A statement on the effectiveness of such programs in
170preventing future domestic violence.
171     (6)  An inventory and evaluation of existing prevention
172programs.
173     (7)  A listing of potential prevention efforts identified
174by the department; the estimated annual cost of providing such
175prevention services, both for a single client and for the
176anticipated target population as a whole; an identification of
177potential sources of funding; and the projected benefits of
178providing such services.
179     Section 3.  Paragraphs (c), (g), and (i) of subsection (1),
180subsections (2), (3), and (5), paragraph (a) of subsection (6),
181and paragraph (b) of subsection (7) of section 39.905, Florida
182Statutes, are amended to read:
183     39.905  Domestic violence centers.-
184     (1)  Domestic violence centers certified under this part
185must:
186     (c)  Provide minimum services that which include, but are
187not limited to, information and referral services, counseling
188and case management services, temporary emergency shelter for
189more than 24 hours, a 24-hour hotline, training for law
190enforcement personnel, assessment and appropriate referral of
191resident children, and educational services for community
192awareness relative to the incidence of domestic violence, the
193prevention of such violence, and the services available care,
194treatment, and rehabilitation for persons engaged in or subject
195to domestic violence. If a 24-hour hotline, professional
196training, or community education is already provided by a
197certified domestic violence center within its designated service
198area a district, the department may exempt such certification
199requirements for a new center serving the same service area
200district in order to avoid duplication of services.
201     (g)  File with the Florida Coalition Against Domestic
202Violence department a list of the names of the domestic violence
203advocates who are employed or who volunteer at the domestic
204violence center who may claim a privilege under s. 90.5036 to
205refuse to disclose a confidential communication between a victim
206of domestic violence and the advocate regarding the domestic
207violence inflicted upon the victim. The list must include the
208title of the position held by the advocate whose name is listed
209and a description of the duties of that position. A domestic
210violence center must file amendments to this list as necessary.
211     (i)  If its center is a new center applying for
212certification, demonstrate that the services provided address a
213need identified in the most current statewide needs assessment
214approved by the department. If the center applying for initial
215certification proposes providing services in an area where a
216certified domestic violence center exists, it must demonstrate
217the unmet need by the existing center and describe any efforts
218to reduce duplication of services.
219     (2)  If the department finds that there is failure by a
220center to comply with the requirements established under this
221part or with the rules adopted pursuant thereto, the department
222may deny, suspend, or revoke the certification of the center.
223The grant, denial, suspension, or revocation of certification
224does not constitute agency action under chapter 120.
225     (3)  The annual certificate shall automatically expires
226expire on December 31 unless the certification is temporarily
227extended to allow the center to implement corrective action
228plans the termination date shown on the certificate.
229     (5)  Domestic violence centers may be established
230throughout the state when private, local, state, or federal
231funds 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,
234the issuance of a certificate does will not obligate the Florida
235Coalition Against Domestic Violence department to provide
236funding.
237     (7)
238     (b)  A contract between the Florida Coalition Against
239Domestic Violence statewide association and a certified domestic
240violence center shall contain provisions ensuring assuring the
241availability and geographic accessibility of services throughout
242the service area district. For this purpose, a center may
243distribute funds through subcontracts or to center satellites,
244if provided such arrangements and any subcontracts are approved
245by the Florida Coalition Against Domestic Violence statewide
246association.
247     Section 4.  Subsection (18) of section 381.006, Florida
248Statutes, is amended to read:
249     381.006  Environmental health.-The department shall conduct
250an environmental health program as part of fulfilling the
251state's public health mission. The purpose of this program is to
252detect and prevent disease caused by natural and manmade factors
253in the environment. The environmental health program shall
254include, but not be limited to:
255     (18)  A food service inspection function for domestic
256violence centers that are certified and monitored by the Florida
257Coalition Against Domestic Violence Department of Children and
258Family Services under part XIII of chapter 39 and group care
259homes as described in subsection (16), which shall be conducted
260annually and be limited to the requirements in department rule
261applicable to community-based residential facilities with five
262or fewer residents.
263
264The department may adopt rules to carry out the provisions of
265this section.
266     Section 5.  Paragraph (b) of subsection (1) of section
267381.0072, Florida Statutes, is amended to read:
268     381.0072  Food service protection.-It shall be the duty of
269the Department of Health to adopt and enforce sanitation rules
270consistent with law to ensure the protection of the public from
271food-borne illness. These rules shall provide the standards and
272requirements for the storage, preparation, serving, or display
273of food in food service establishments as defined in this
274section and which are not permitted or licensed under chapter
275500 or chapter 509.
276     (1)  DEFINITIONS.-As used in this section, the term:
277     (b)  "Food service establishment" means detention
278facilities, public or private schools, migrant labor camps,
279assisted living facilities, adult family-care homes, adult day
280care centers, short-term residential treatment centers,
281residential treatment facilities, homes for special services,
282transitional living facilities, crisis stabilization units,
283hospices, prescribed pediatric extended care centers,
284intermediate care facilities for persons with developmental
285disabilities, boarding schools, civic or fraternal
286organizations, bars and lounges, vending machines that dispense
287potentially hazardous foods at facilities expressly named in
288this paragraph, and facilities used as temporary food events or
289mobile food units at any facility expressly named in this
290paragraph, where food is prepared and intended for individual
291portion service, including the site at which individual portions
292are provided, regardless of whether consumption is on or off the
293premises and regardless of whether there is a charge for the
294food. The term does not include any entity not expressly named
295in this paragraph; nor does the term include a domestic violence
296center certified and monitored by the Florida Coalition Against
297Domestic Violence Department of Children and Family Services
298under part XIII of chapter 39 if the center does not prepare and
299serve food to its residents and does not advertise food or drink
300for public consumption.
301     Section 6.  Section 741.281, Florida Statutes, is amended
302to read:
303     741.281  Court to order batterers' intervention program
304attendance.-If a person is found guilty of, has had adjudication
305withheld on, or pleads has pled nolo contendere to a crime of
306domestic violence, as defined in s. 741.28, that person shall be
307ordered by the court to a minimum term of 1 year's probation and
308the court shall order that the defendant attend a batterers'
309intervention program as a condition of probation. The court must
310impose the condition of the batterers' intervention program for
311a defendant under this section, but the court, in its
312discretion, may determine not to impose the condition if it
313states on the record why a batterers' intervention program might
314be inappropriate. The court must impose the condition of the
315batterers' intervention program for a defendant placed on
316probation unless the court determines that the person does not
317qualify for the batterers' intervention program pursuant to s.
318741.325. Effective July 1, 2002, the batterers' intervention
319program must be a certified program under s. 741.32. The
320imposition of probation under this section does shall not
321preclude the court from imposing any sentence of imprisonment
322authorized by s. 775.082.
323     Section 7.  Paragraph (g) of subsection (2) of section
324741.2902, Florida Statutes, is amended to read:
325     741.2902  Domestic violence; legislative intent with
326respect to judiciary's role.-
327     (2)  It is the intent of the Legislature, with respect to
328injunctions for protection against domestic violence, issued
329pursuant to s. 741.30, that the court shall:
330     (g)  Consider requiring the perpetrator to complete a
331batterers' intervention program. It is preferred that such
332program include requirements as stated in s. 741.325 be
333certified under s. 741.32.
334     Section 8.  Paragraphs (a) and (e) of subsection (6) of
335section 741.30, Florida Statutes, are amended to read:
336     741.30  Domestic violence; injunction; powers and duties of
337court and clerk; petition; notice and hearing; temporary
338injunction; issuance of injunction; statewide verification
339system; enforcement.-
340     (6)(a)  Upon notice and hearing, when it appears to the
341court that the petitioner is either the victim of domestic
342violence as defined by s. 741.28 or has reasonable cause to
343believe he or she is in imminent danger of becoming a victim of
344domestic violence, the court may grant such relief as the court
345deems proper, including an injunction:
346     1.  Restraining the respondent from committing any acts of
347domestic violence.
348     2.  Awarding to the petitioner the exclusive use and
349possession of the dwelling that the parties share or excluding
350the respondent from the residence of the petitioner.
351     3.  On the same basis as provided in chapter 61, providing
352the petitioner with 100 percent of the time-sharing in a
353temporary parenting plan that shall remain in effect until the
354order expires or an order is entered by a court of competent
355jurisdiction in a pending or subsequent civil action or
356proceeding affecting the placement of, access to, parental time
357with, adoption of, or parental rights and responsibilities for
358the minor child.
359     4.  On the same basis as provided in chapter 61,
360establishing temporary support for a minor child or children or
361the petitioner. An order of temporary support remains in effect
362until the order expires or an order is entered by a court of
363competent jurisdiction in a pending or subsequent civil action
364or proceeding affecting child support.
365     5.  Ordering the respondent to participate in treatment,
366intervention, or counseling services to be paid for by the
367respondent. When the court orders the respondent to participate
368in a batterers' intervention program, the court, or any entity
369designated by the court, must provide the respondent with a list
370of all certified batterers' intervention programs and all
371programs that which have submitted an application to the
372Department of Children and Family Services to become certified
373under s. 741.32, from which the respondent must choose a program
374in which to participate. If there are no certified batterers'
375intervention programs in the circuit, the court shall provide a
376list of acceptable programs from which the respondent must
377choose a program in which to participate.
378     6.  Referring a petitioner to a certified domestic violence
379center. The court must provide the petitioner with a list of
380certified domestic violence centers in the circuit which the
381petitioner may contact.
382     7.  Ordering such other relief as the court deems necessary
383for the protection of a victim of domestic violence, including
384injunctions or directives to law enforcement agencies, as
385provided in this section.
386     (e)  An injunction for protection against domestic violence
387entered pursuant to this section, on its face, may order that
388the respondent attend a batterers' intervention program as a
389condition of the injunction. Unless the court makes written
390factual findings in its judgment or order which are based on
391substantial evidence, stating why batterers' intervention
392programs would be inappropriate, the court shall order the
393respondent to attend a batterers' intervention program if:
394     1.  It finds that the respondent willfully violated the ex
395parte injunction;
396     2.  The respondent, in this state or any other state, has
397been convicted of, had adjudication withheld on, or pled nolo
398contendere to a crime involving violence or a threat of
399violence; or
400     3.  The respondent, in this state or any other state, has
401had at any time a prior injunction for protection entered
402against the respondent after a hearing with notice.
403
404It is mandatory that such programs be certified under this part
405
406     Section 9.  Subsection (5) of section 741.316, Florida
407Statutes, is amended to read:
408     741.316  Domestic violence fatality review teams;
409definition; membership; duties.-
410     (5)  The domestic violence fatality review teams are
411assigned to the Florida Coalition Against Domestic Violence
412Department of Children and Family Services for administrative
413purposes.
414     Section 10.  Section 741.32, Florida Statutes, is amended
415to read:
416     741.32  Certification of Batterers' intervention programs.-
417     (1)  The Legislature finds that the incidence of domestic
418violence in this state Florida is disturbingly high, and that,
419despite the efforts of many to curb this violence, that one
420person dies at the hands of a spouse, ex-spouse, or cohabitant
421approximately every 3 days. Further, a child who witnesses the
422perpetration of this violence becomes a victim as he or she
423hears or sees it occurring. This child is at high risk of also
424being the victim of physical abuse by the parent who is
425perpetrating the violence and, to a lesser extent, by the parent
426who is the victim. These children are also at a high risk of
427perpetrating violent crimes as juveniles and, later, becoming
428perpetrators of the same violence that they witnessed as
429children. The Legislature finds that there should be
430standardized programming available to the justice system to
431protect victims and their children and to hold the perpetrators
432of domestic violence accountable for their acts. Finally, the
433Legislature recognizes that in order for batterers' intervention
434programs to be successful in protecting victims and their
435children, all participants in the justice system as well as
436social service agencies and local and state governments must
437coordinate their efforts at the community level.
438     (2)  There is hereby established in the Department of
439Children and Family Services an Office for Certification and
440Monitoring of Batterers' Intervention Programs. The department
441may certify and monitor both programs and personnel providing
442direct services to those persons who are adjudged to have
443committed an act of domestic violence as defined in s. 741.28,
444those against whom an injunction for protection against domestic
445violence is entered, those referred by the department, and those
446who volunteer to attend such programs. The purpose of
447certification of programs is to uniformly and systematically
448standardize programs to hold those who perpetrate acts of
449domestic violence responsible for those acts and to ensure
450safety for victims of domestic violence. The certification and
451monitoring shall be funded by user fees as provided in s.
452741.327.
453     Section 11.  Section 741.325, Florida Statutes, is amended
454to read:
455     741.325  Requirements for batterers' intervention programs
456Guideline authority.-
457     (1)  A batterers' intervention program shall meet the
458following requirements The Department of Children and Family
459Services shall promulgate guidelines to govern purpose,
460policies, standards of care, appropriate intervention
461approaches, inappropriate intervention approaches during the
462batterers' program intervention phase (to include couples
463counseling and mediation), conflicts of interest, assessment,
464program content and specifics, qualifications of providers, and
465credentials for facilitators, supervisors, and trainees. The
466department shall, in addition, establish specific procedures
467governing all aspects of program operation, including
468administration, personnel, fiscal matters, victim and batterer
469records, education, evaluation, referral to treatment and other
470matters as needed. In addition, the rules shall establish:
471     (a)(1)  That The primary purpose of the program programs
472shall be victim safety and the safety of the children, if
473present.
474     (b)(2)  That The batterer shall be held accountable for
475acts of domestic violence.
476     (c)(3)  That The program programs shall be at least 29
477weeks in length and shall include 24 weekly sessions, plus
478appropriate intake, assessment, and orientation programming.
479     (d)(4)  That The program shall be a psychoeducational model
480that employs a program content based on tactics of power and
481control by one person over another.
482     (5)  That the programs and those who are facilitators,
483supervisors, and trainees be certified to provide these programs
484through initial certification and that the programs and
485personnel be annually monitored to ensure that they are meeting
486specified standards.
487     (e)(6)  The intent that The program shall programs be user-
488fee funded with fees from the batterers who attend the program
489as payment, which for programs is important to the batterer
490taking responsibility for the act of violence, and from those
491seeking certification. Exception shall be made for those local,
492state, or federal programs that fund batterers' intervention
493programs in whole or in part.
494     (7)  Standards for rejection and suspension for failure to
495meet certification standards.
496     (2)(8)  The requirements of this section That these
497standards shall apply only to programs that address the
498perpetration of violence between intimate partners, spouses, ex-
499spouses, or those who share a child in common or who are
500cohabitants in intimate relationships for the purpose of
501exercising power and control by one over the other. It will
502endanger victims if courts and other referral agencies refer
503family and household members who are not perpetrators of the
504type of domestic violence encompassed by these requirements
505standards. Accordingly, the court and others who make referrals
506should refer perpetrators only to programming that appropriately
507addresses the violence committed.
508     Section 12.  Section 741.327, Florida Statutes, is
509repealed.
510     Section 13.  Section 948.038, Florida Statutes, is amended
511to read:
512     948.038  Batterers' intervention program as a condition of
513probation, community control, or other court-ordered community
514supervision.-As a condition of probation, community control, or
515any other court-ordered community supervision, the court shall
516order a person convicted of an offense of domestic violence, as
517defined in s. 741.28, to attend and successfully complete a
518batterers' intervention program unless the court determines that
519the person does not qualify for the batterers' intervention
520program pursuant to s. 741.325. The batterers' intervention
521program must be a program certified under s. 741.32, and The
522offender must pay the cost of attending the program.
523     Section 14.  Paragraph (a) of subsection (1) of section
524938.01, 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
527shall, in addition to any fine or other penalty, require every
528person convicted for violation of a state penal or criminal
529statute or convicted for violation of a municipal or county
530ordinance to pay $3 as a court cost. Any person whose
531adjudication is withheld pursuant to the provisions of s.
532318.14(9) or (10) shall also be liable for payment of such cost.
533In addition, $3 from every bond estreature or forfeited bail
534bond related to such penal statutes or penal ordinances shall be
535remitted to the Department of Revenue as described in this
536subsection. However, no such assessment may be made against any
537person convicted for violation of any state statute, municipal
538ordinance, or county ordinance relating to the parking of
539vehicles.
540     (a)  All costs collected by the courts pursuant to this
541subsection shall be remitted to the Department of Revenue in
542accordance with administrative rules adopted by the executive
543director of the Department of Revenue for deposit in the
544Additional Court Cost Clearing Trust Fund. These funds and the
545funds deposited in the Additional Court Cost Clearing Trust Fund
546pursuant to s. 318.21(2)(c) shall be distributed as follows:
547     1.  Ninety-two percent to the Department of Law Enforcement
548Criminal Justice Standards and Training Trust Fund.
549     2.  Six and three-tenths percent to the Department of Law
550Enforcement Operating Trust Fund for the Criminal Justice Grant
551Program.
552     3.  One and seven-tenths percent to the Department of
553Children and Family Services Domestic Violence Trust Fund for
554the domestic violence program pursuant to s. 39.903(2)(3).
555     Section 15.  This act shall take effect July 1, 2011.


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