Florida Senate - 2012                      CS for CS for SB 2054
       
       
       
       By the Committees on Judiciary; Children, Families, and Elder
       Affairs; and Children, Families, and Elder Affairs; and Senator
       Lynn
       
       
       590-03538-12                                          20122054c2
    1                        A bill to be entitled                      
    2         An act relating to domestic violence; amending s.
    3         39.902, F.S.; defining the term “coalition” as it
    4         relates to domestic violence; amending s. 39.903,
    5         F.S.; revising provisions relating to certification of
    6         domestic violence centers; providing specified
    7         additional duties for and authority of the Florida
    8         Coalition Against Domestic Violence; revising the
    9         duties of the Department of Children and Family
   10         Services; requiring the department to contract with
   11         coalition for specified purposes; creating s. 39.9035,
   12         F.S.; providing the duties of the coalition as it
   13         manages the delivery of services to the state’s
   14         domestic violence program; amending s. 39.904, F.S.;
   15         requiring the coalition, rather than the department,
   16         to make a specified annual report; revising the
   17         contents of the report; amending s. 39.905, F.S.;
   18         requiring the coalition, rather than the department,
   19         to perform certain duties relating to certification of
   20         domestic violence centers; revising provisions
   21         relating to certification of domestic violence
   22         centers; requiring a demonstration of need for
   23         certification of a new domestic violence center;
   24         revising provisions relating to expiration of a
   25         center’s annual certificate; prohibiting a domestic
   26         violence center from receiving funding from the
   27         coalition for services that are exempted from
   28         certification; amending ss. 381.006, 381.0072,
   29         741.281, 741.2902, 741.30, and 741.316, F.S.;
   30         conforming provisions to changes made by the act;
   31         amending s. 741.32, F.S.; deleting provisions relating
   32         to the certification of batterers’ intervention
   33         programs; amending s. 741.325, F.S.; revising the
   34         requirements for batterers’ intervention programs;
   35         repealing s. 741.327, F.S., relating to the
   36         certification and monitoring of batterers’
   37         intervention programs; amending ss. 948.038 and
   38         938.01, F.S.; conforming provisions to changes made by
   39         the act; providing an effective date.
   40  
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Present subsections (1), (2), and (3) of section
   44  39.902, Florida Statutes, are redesignated as subsections (2),
   45  (3), and (4), respectively, and a new subsection (1) is added to
   46  that section, to read:
   47         39.902 Definitions.—As used in this part, the term:
   48         (1) “Coalition” means the Florida Coalition Against
   49  Domestic Violence.
   50         Section 2. Section 39.903, Florida Statutes, is amended to
   51  read:
   52         39.903 Duties and functions of the department with respect
   53  to domestic violence.—The department shall:
   54         (1) Operate the domestic violence program and, in
   55  collaboration with the coalition, shall coordinate and
   56  administer statewide activities related to the prevention of
   57  domestic violence. The department shall:
   58         (a) Develop by rule criteria for the approval or rejection
   59  of certification or funding of domestic violence centers.
   60         (b) Develop by rule minimum standards for domestic violence
   61  centers to ensure the health and safety of the clients in the
   62  centers.
   63         (2)(c) Receive and approve or reject applications for
   64  initial certification of domestic violence centers. The
   65  department shall annually renew the certification thereafter
   66  upon receipt of a favorable monitoring report by the coalition.
   67  If any of the required services are exempted from certification
   68  by the department under s. 39.905(1)(c), the center shall not
   69  receive funding for those services.
   70         (3)(d)Have Evaluate each certified domestic violence
   71  center annually to ensure compliance with the minimum standards.
   72  The department has the right to enter and inspect the premises
   73  of domestic violence centers that are applying for an initial
   74  certification or facing potential suspension or revocation of
   75  certification certified domestic violence centers at any
   76  reasonable hour in order to effectively evaluate the state of
   77  compliance with minimum standards of these centers with this
   78  part and rules relating to this part.
   79         (e) Adopt rules to implement this part.
   80         (4)(f) Promote the involvement of certified domestic
   81  violence centers in the coordination, development, and planning
   82  of domestic violence programming in the circuits districts and
   83  the state.
   84         (2) The department shall serve as a clearinghouse for
   85  information relating to domestic violence.
   86         (3) The department shall operate the domestic violence
   87  program, which provides supervision, direction, coordination,
   88  and administration of statewide activities related to the
   89  prevention of domestic violence.
   90         (5)(4)Coordinate with state agencies that have health,
   91  education, or criminal justice responsibilities to raise
   92  awareness of domestic violence and promote consistent policy
   93  implementation. The department shall enlist the assistance of
   94  public and voluntary health, education, welfare, and
   95  rehabilitation agencies in a concerted effort to prevent
   96  domestic violence and to treat persons engaged in or subject to
   97  domestic violence. With the assistance of these agencies, the
   98  department, within existing resources, shall formulate and
   99  conduct a research and evaluation program on domestic violence.
  100  Efforts on the part of these agencies to obtain relevant grants
  101  to fund this research and evaluation program must be supported
  102  by the department.
  103         (5) The department shall develop and provide educational
  104  programs on domestic violence for the benefit of the general
  105  public, persons engaged in or subject to domestic violence,
  106  professional persons, or others who care for or may be engaged
  107  in the care and treatment of persons engaged in or subject to
  108  domestic violence.
  109         (6) The department shall Cooperate with, assist in, and
  110  participate in, programs of other properly qualified state
  111  agencies, including any agency of the Federal Government,
  112  schools of medicine, hospitals, and clinics, in planning and
  113  conducting research on the prevention of domestic violence and
  114  the provision of services to clients, care, treatment, and
  115  rehabilitation of persons engaged in or subject to domestic
  116  violence.
  117         (7) The department shall Contract with the coalition for
  118  the delivery and management of services for the state’s domestic
  119  violence program. Services under this contract include, but are
  120  not limited to, the administration of contracts and grants. a
  121  statewide association whose primary purpose is to represent and
  122  provide technical assistance to certified domestic violence
  123  centers. This association shall implement, administer, and
  124  evaluate all services provided by the certified domestic
  125  violence centers. The association shall receive and approve or
  126  reject applications for funding of certified domestic violence
  127  centers. When approving funding for a newly certified domestic
  128  violence center, the association shall make every effort to
  129  minimize any adverse economic impact on existing certified
  130  domestic violence centers or services provided within the same
  131  service area. In order to minimize duplication of services, the
  132  association shall make every effort to encourage subcontracting
  133  relationships with existing certified domestic violence centers
  134  within the same service area. In distributing funds allocated by
  135  the Legislature for certified domestic violence centers, the
  136  association shall use a formula approved by the department as
  137  specified in s. 39.905(7)(a).
  138         (8) Consider applications from certified domestic violence
  139  centers for capital improvement grants and award those grants
  140  pursuant to s. 39.9055.
  141         (9) Adopt by rule procedures to administer this section,
  142  including developing criteria for the approval, suspension, or
  143  rejection of certification of domestic violence centers and
  144  developing minimum standards for domestic violence centers to
  145  ensure the health and safety of the clients in the centers.
  146         Section 3. Section 39.9035, Florida Statutes, is created to
  147  read:
  148         39.9035 Duties and functions of the coalition with respect
  149  to domestic violence.—As part of its delivery and management of
  150  the delivery of services for the state’s domestic violence
  151  program, the coalition shall:
  152         (1)Implement, administer, and evaluate all domestic
  153  violence services provided by the certified domestic violence
  154  centers.
  155         (2)Receive and approve or reject applications for funding
  156  of certified domestic violence centers. When approving funding
  157  for a newly certified domestic violence center, the coalition
  158  shall make every effort to minimize any adverse economic impact
  159  on existing certified domestic violence centers or services
  160  provided within the same service area. In order to minimize
  161  duplication of services, the coalition shall make every effort
  162  to encourage subcontracting relationships with existing
  163  certified domestic violence centers within the same service
  164  area. In distributing funds allocated by the Legislature for
  165  certified domestic violence centers, the coalition shall use a
  166  formula approved by the department as specified in s.
  167  39.905(7)(a).
  168         (3)Evaluate certified domestic violence centers in order
  169  to determine compliance with minimum certification standards.
  170         (4)Have the right to enter and inspect the premises of
  171  certified domestic violence centers for monitoring purposes.
  172         Section 4. Section 39.904, Florida Statutes, is amended to
  173  read:
  174         39.904 Report to the Legislature on the status of domestic
  175  violence cases.—On or before January 1 of each year, the
  176  coalition department shall furnish to the President of the
  177  Senate and the Speaker of the House of Representatives a report
  178  on the status of domestic violence in this state, which must
  179  report shall include, but need is not be limited to, the
  180  following:
  181         (1) The incidence of domestic violence in this state.
  182         (2) An identification of the areas of the state where
  183  domestic violence is of significant proportions, indicating the
  184  number of cases of domestic violence officially reported, as
  185  well as an assessment of the degree of unreported cases of
  186  domestic violence.
  187         (3) An identification and description of the types of
  188  programs in the state which that assist victims of domestic
  189  violence or persons who commit domestic violence, including
  190  information on funding for the programs.
  191         (4) The number of persons who receive services from are
  192  treated by or assisted by local certified domestic violence
  193  programs that receive funding through the coalition department.
  194         (5) The incidence of domestic violence homicides in the
  195  state, including information and data collected from state and
  196  local domestic violence fatality review teams. A statement on
  197  the effectiveness of such programs in preventing future domestic
  198  violence.
  199         (6) An inventory and evaluation of existing prevention
  200  programs.
  201         (7) A listing of potential prevention efforts identified by
  202  the department; the estimated annual cost of providing such
  203  prevention services, both for a single client and for the
  204  anticipated target population as a whole; an identification of
  205  potential sources of funding; and the projected benefits of
  206  providing such services.
  207         Section 5. Paragraphs (c), (g), and (i) of subsection (1),
  208  subsections (2), (3), and (5), paragraph (a) of subsection (6),
  209  and paragraph (b) of subsection (7) of section 39.905, Florida
  210  Statutes, are amended, and subsection (8) is added to that
  211  section, to read:
  212         39.905 Domestic violence centers.—
  213         (1) Domestic violence centers certified under this part
  214  must:
  215         (c) Provide minimum services that which include, but are
  216  not limited to, information and referral services, counseling
  217  and case management services, temporary emergency shelter for
  218  more than 24 hours, a 24-hour hotline, training for law
  219  enforcement personnel, assessment and appropriate referral of
  220  resident children, and educational services for community
  221  awareness relative to the incidence of domestic violence, the
  222  prevention of such violence, and the services available care,
  223  treatment, and rehabilitation for persons engaged in or subject
  224  to domestic violence. If a 24-hour hotline, professional
  225  training, or community education is already provided by a
  226  certified domestic violence center within its designated service
  227  area a district, the department may exempt such certification
  228  requirements for a new center serving the same service area
  229  district in order to avoid duplication of services.
  230         (g) File with the coalition department a list of the names
  231  of the domestic violence advocates who are employed or who
  232  volunteer at the domestic violence center who may claim a
  233  privilege under s. 90.5036 to refuse to disclose a confidential
  234  communication between a victim of domestic violence and the
  235  advocate regarding the domestic violence inflicted upon the
  236  victim. The list must include the title of the position held by
  237  the advocate whose name is listed and a description of the
  238  duties of that position. A domestic violence center must file
  239  amendments to this list as necessary.
  240         (i) If its center is a new center applying for
  241  certification, demonstrate that the services provided address a
  242  need identified in the most current statewide needs assessment
  243  approved by the department. If the center applying for initial
  244  certification proposes providing services in an area that has an
  245  existing certified domestic violence center, the center applying
  246  for initial certification must demonstrate the unmet need in
  247  that service area and describe its efforts to avoid duplication
  248  of services.
  249         (2) If the department finds that there is failure by a
  250  center to comply with the requirements established under this
  251  part or with the rules adopted pursuant thereto, the department
  252  may deny, suspend, or revoke the certification of the center.
  253         (3) The annual certificate shall automatically expires
  254  expire on June 30 of each state fiscal year unless the
  255  certification is temporarily extended to allow the center to
  256  implement a corrective action plan the termination date shown on
  257  the certificate.
  258         (5) Domestic violence centers may be established throughout
  259  the state when private, local, state, or federal funds are
  260  available and a need is demonstrated.
  261         (6) In order to receive state funds, a center must:
  262         (a) Obtain certification pursuant to this part. However,
  263  the issuance of a certificate does will not obligate the
  264  coalition department to provide funding.
  265         (7)
  266         (b) A contract between the coalition statewide association
  267  and a certified domestic violence center shall contain
  268  provisions ensuring assuring the availability and geographic
  269  accessibility of services throughout the service area district.
  270  For this purpose, a center may distribute funds through
  271  subcontracts or to center satellites, if provided such
  272  arrangements and any subcontracts are approved by the coalition
  273  statewide association.
  274         (8) If any of the required services are exempted from
  275  certification by the department under this section, the center
  276  may not receive funding from the coalition for those services.
  277         Section 6. Subsection (18) of section 381.006, Florida
  278  Statutes, is amended to read:
  279         381.006 Environmental health.—The department shall conduct
  280  an environmental health program as part of fulfilling the
  281  state’s public health mission. The purpose of this program is to
  282  detect and prevent disease caused by natural and manmade factors
  283  in the environment. The environmental health program shall
  284  include, but not be limited to:
  285         (18) A food service inspection function for domestic
  286  violence centers that are certified by department and monitored
  287  by the coalition Department of Children and Family Services
  288  under part XII of chapter 39 and group care homes as described
  289  in subsection (16), which shall be conducted annually and be
  290  limited to the requirements in department rule applicable to
  291  community-based residential facilities with five or fewer
  292  residents.
  293  
  294  The department may adopt rules to carry out the provisions of
  295  this section.
  296         Section 7. Paragraph (b) of subsection (1) of section
  297  381.0072, Florida Statutes, is amended to read:
  298         381.0072 Food service protection.—It shall be the duty of
  299  the Department of Health to adopt and enforce sanitation rules
  300  consistent with law to ensure the protection of the public from
  301  food-borne illness. These rules shall provide the standards and
  302  requirements for the storage, preparation, serving, or display
  303  of food in food service establishments as defined in this
  304  section and which are not permitted or licensed under chapter
  305  500 or chapter 509.
  306         (1) DEFINITIONS.—As used in this section, the term:
  307         (b) “Food service establishment” means detention
  308  facilities, public or private schools, migrant labor camps,
  309  assisted living facilities, adult family-care homes, adult day
  310  care centers, short-term residential treatment centers,
  311  residential treatment facilities, homes for special services,
  312  transitional living facilities, crisis stabilization units,
  313  hospices, prescribed pediatric extended care centers,
  314  intermediate care facilities for persons with developmental
  315  disabilities, boarding schools, civic or fraternal
  316  organizations, bars and lounges, vending machines that dispense
  317  potentially hazardous foods at facilities expressly named in
  318  this paragraph, and facilities used as temporary food events or
  319  mobile food units at any facility expressly named in this
  320  paragraph, where food is prepared and intended for individual
  321  portion service, including the site at which individual portions
  322  are provided, regardless of whether consumption is on or off the
  323  premises and regardless of whether there is a charge for the
  324  food. The term does not include any entity not expressly named
  325  in this paragraph; nor does the term include a domestic violence
  326  center certified by the department and monitored by the
  327  coalition Department of Children and Family Services under part
  328  XII of chapter 39 if the center does not prepare and serve food
  329  to its residents and does not advertise food or drink for public
  330  consumption.
  331         Section 8. Section 741.281, Florida Statutes, is amended to
  332  read:
  333         741.281 Court to order batterers’ intervention program
  334  attendance.—If a person is found guilty of, has had adjudication
  335  withheld on, or pleads has pled nolo contendere to a crime of
  336  domestic violence, as defined in s. 741.28, that person shall be
  337  ordered by the court to a minimum term of 1 year’s probation and
  338  the court shall order that the defendant attend a batterers’
  339  intervention program as a condition of probation. The court must
  340  impose the condition of the batterers’ intervention program for
  341  a defendant under this section, but the court, in its
  342  discretion, may determine not to impose the condition if it
  343  states on the record why a batterers’ intervention program might
  344  be inappropriate. The court must impose the condition of the
  345  batterers’ intervention program for a defendant placed on
  346  probation unless the court determines that the person does not
  347  qualify for the batterers’ intervention program pursuant to s.
  348  741.325. Effective July 1, 2002, the batterers’ intervention
  349  program must be a certified program under s. 741.32. The
  350  imposition of probation under this section does shall not
  351  preclude the court from imposing any sentence of imprisonment
  352  authorized by s. 775.082.
  353         Section 9. Paragraph (g) of subsection (2) of section
  354  741.2902, Florida Statutes, is amended to read:
  355         741.2902 Domestic violence; legislative intent with respect
  356  to judiciary’s role.—
  357         (2) It is the intent of the Legislature, with respect to
  358  injunctions for protection against domestic violence, issued
  359  pursuant to s. 741.30, that the court shall:
  360         (g) Consider requiring the perpetrator to complete a
  361  batterers’ intervention program. It is preferred that such
  362  program meet the requirements specified in s. 741.325 be
  363  certified under s. 741.32.
  364         Section 10. Paragraphs (a) and (e) of subsection (6) of
  365  section 741.30, Florida Statutes, are amended to read:
  366         741.30 Domestic violence; injunction; powers and duties of
  367  court and clerk; petition; notice and hearing; temporary
  368  injunction; issuance of injunction; statewide verification
  369  system; enforcement.—
  370         (6)(a) Upon notice and hearing, when it appears to the
  371  court that the petitioner is either the victim of domestic
  372  violence as defined by s. 741.28 or has reasonable cause to
  373  believe he or she is in imminent danger of becoming a victim of
  374  domestic violence, the court may grant such relief as the court
  375  deems proper, including an injunction:
  376         1. Restraining the respondent from committing any acts of
  377  domestic violence.
  378         2. Awarding to the petitioner the exclusive use and
  379  possession of the dwelling that the parties share or excluding
  380  the respondent from the residence of the petitioner.
  381         3. On the same basis as provided in chapter 61, providing
  382  the petitioner with 100 percent of the time-sharing in a
  383  temporary parenting plan that remains shall remain in effect
  384  until the order expires or an order is entered by a court of
  385  competent jurisdiction in a pending or subsequent civil action
  386  or proceeding affecting the placement of, access to, parental
  387  time with, adoption of, or parental rights and responsibilities
  388  for the minor child.
  389         4. On the same basis as provided in chapter 61,
  390  establishing temporary support for a minor child or children or
  391  the petitioner. An order of temporary support remains in effect
  392  until the order expires or an order is entered by a court of
  393  competent jurisdiction in a pending or subsequent civil action
  394  or proceeding affecting child support.
  395         5. Ordering the respondent to participate in treatment,
  396  intervention, or counseling services to be paid for by the
  397  respondent. When the court orders the respondent to participate
  398  in a batterers’ intervention program, the court, or any entity
  399  designated by the court, must provide the respondent with a list
  400  of all certified batterers’ intervention programs and all
  401  programs which have submitted an application to the Department
  402  of Children and Family Services to become certified under s.
  403  741.32, from which the respondent must choose a program in which
  404  to participate. If there are no certified batterers’
  405  intervention programs in the circuit, the court shall provide a
  406  list of acceptable programs from which the respondent must
  407  choose a program in which to participate.
  408         6. Referring a petitioner to a certified domestic violence
  409  center. The court must provide the petitioner with a list of
  410  certified domestic violence centers in the circuit which the
  411  petitioner may contact.
  412         7. Ordering such other relief as the court deems necessary
  413  for the protection of a victim of domestic violence, including
  414  injunctions or directives to law enforcement agencies, as
  415  provided in this section.
  416         (e) An injunction for protection against domestic violence
  417  entered pursuant to this section, on its face, may order that
  418  the respondent attend a batterers’ intervention program as a
  419  condition of the injunction. Unless the court makes written
  420  factual findings in its judgment or order which are based on
  421  substantial evidence, stating why batterers’ intervention
  422  programs would be inappropriate, the court shall order the
  423  respondent to attend a batterers’ intervention program if:
  424         1. It finds that the respondent willfully violated the ex
  425  parte injunction;
  426         2. The respondent, in this state or any other state, has
  427  been convicted of, had adjudication withheld on, or pled nolo
  428  contendere to a crime involving violence or a threat of
  429  violence; or
  430         3. The respondent, in this state or any other state, has
  431  had at any time a prior injunction for protection entered
  432  against the respondent after a hearing with notice.
  433  
  434  It is mandatory that such programs be certified under s. 741.32.
  435         Section 11. Subsection (5) of section 741.316, Florida
  436  Statutes, is amended to read:
  437         741.316 Domestic violence fatality review teams;
  438  definition; membership; duties.—
  439         (5) The domestic violence fatality review teams are
  440  assigned to the Florida Coalition Against Domestic Violence
  441  Department of Children and Family Services for administrative
  442  purposes.
  443         Section 12. Section 741.32, Florida Statutes, is amended to
  444  read:
  445         741.32 Certification of Batterers’ intervention programs.—
  446         (1) The Legislature finds that the incidence of domestic
  447  violence in this state Florida is disturbingly high, and that,
  448  despite the efforts of many to curb this violence, that one
  449  person dies at the hands of a spouse, ex-spouse, or cohabitant
  450  approximately every 3 days. Further, a child who witnesses the
  451  perpetration of this violence becomes a victim as he or she
  452  hears or sees it occurring. This child is at high risk of also
  453  being the victim of physical abuse by the parent who is
  454  perpetrating the violence and, to a lesser extent, by the parent
  455  who is the victim. These children are also at a high risk of
  456  perpetrating violent crimes as juveniles and, later, becoming
  457  perpetrators of the same violence that they witnessed as
  458  children. The Legislature finds that there should be
  459  standardized programming available to the justice system to
  460  protect victims and their children and to hold the perpetrators
  461  of domestic violence accountable for their acts. Finally, the
  462  Legislature recognizes that in order for batterers’ intervention
  463  programs to be successful in protecting victims and their
  464  children, all participants in the justice system as well as
  465  social service agencies and local and state governments must
  466  coordinate their efforts at the community level.
  467         (2) There is hereby established in the Department of
  468  Children and Family Services an Office for Certification and
  469  Monitoring of Batterers’ Intervention Programs. The department
  470  may certify and monitor both programs and personnel providing
  471  direct services to those persons who are adjudged to have
  472  committed an act of domestic violence as defined in s. 741.28,
  473  those against whom an injunction for protection against domestic
  474  violence is entered, those referred by the department, and those
  475  who volunteer to attend such programs. The purpose of
  476  certification of programs is to uniformly and systematically
  477  standardize programs to hold those who perpetrate acts of
  478  domestic violence responsible for those acts and to ensure
  479  safety for victims of domestic violence. The certification and
  480  monitoring shall be funded by user fees as provided in s.
  481  741.327.
  482         Section 13. Section 741.325, Florida Statutes, is amended
  483  to read:
  484         741.325 Requirements for batterers’ intervention programs
  485  Guideline authority.—
  486         (1) A batterers’ intervention program must meet the
  487  following requirements The Department of Children and Family
  488  Services shall promulgate guidelines to govern purpose,
  489  policies, standards of care, appropriate intervention
  490  approaches, inappropriate intervention approaches during the
  491  batterers’ program intervention phase (to include couples
  492  counseling and mediation), conflicts of interest, assessment,
  493  program content and specifics, qualifications of providers, and
  494  credentials for facilitators, supervisors, and trainees. The
  495  department shall, in addition, establish specific procedures
  496  governing all aspects of program operation, including
  497  administration, personnel, fiscal matters, victim and batterer
  498  records, education, evaluation, referral to treatment and other
  499  matters as needed. In addition, the rules shall establish:
  500         (a)(1)That The primary purpose of the program programs
  501  shall be victim safety and the safety of the children, if
  502  present.
  503         (b)(2)That The batterer shall be held accountable for acts
  504  of domestic violence.
  505         (c)(3)That The program programs shall be at least 29 weeks
  506  in length and shall include 24 weekly sessions, plus appropriate
  507  intake, assessment, and orientation programming.
  508         (d)(4)That The program content shall be based on be a
  509  psychoeducational model that addresses employs a program content
  510  based on tactics of power and control by one person over
  511  another.
  512         (5) That the programs and those who are facilitators,
  513  supervisors, and trainees be certified to provide these programs
  514  through initial certification and that the programs and
  515  personnel be annually monitored to ensure that they are meeting
  516  specified standards.
  517         (e)(6)The intent that The program shall programs be user
  518  fee funded by user with fees paid by from the batterers who
  519  attend the program, which allows them to take as payment for
  520  programs is important to the batterer taking responsibility for
  521  their acts the act of violence, and from those seeking
  522  certification. An exception shall be made for those local,
  523  state, or federal programs that fund batterers’ intervention
  524  programs in whole or in part.
  525         (7) Standards for rejection and suspension for failure to
  526  meet certification standards.
  527         (2)(8)The requirements of this section That these
  528  standards shall apply only to programs that address the
  529  perpetration of violence between intimate partners, spouses, ex
  530  spouses, or those who share a child in common or who are
  531  cohabitants in intimate relationships for the purpose of
  532  exercising power and control by one over the other. It will
  533  endanger victims if courts and other referral agencies refer
  534  family and household members who are not perpetrators of the
  535  type of domestic violence encompassed by these requirements
  536  standards. Accordingly, the court and others who make referrals
  537  should refer perpetrators only to programming that appropriately
  538  addresses the violence committed.
  539         Section 14. Section 741.327, Florida Statutes, is repealed.
  540         Section 15. Section 948.038, Florida Statutes, is amended
  541  to read:
  542         948.038 Batterers’ intervention program as a condition of
  543  probation, community control, or other court-ordered community
  544  supervision.—As a condition of probation, community control, or
  545  any other court-ordered community supervision, the court shall
  546  order a person convicted of an offense of domestic violence, as
  547  defined in s. 741.28, to attend and successfully complete a
  548  batterers’ intervention program unless the court determines that
  549  the person does not qualify for the batterers’ intervention
  550  program pursuant to s. 741.325. The batterers’ intervention
  551  program must be a program certified under s. 741.32, and the
  552  offender must pay the cost of attending the program.
  553         Section 16. Paragraph (a) of subsection (1) of section
  554  938.01, Florida Statutes, is amended to read:
  555         938.01 Additional Court Cost Clearing Trust Fund.—
  556         (1) All courts created by Art. V of the State Constitution
  557  shall, in addition to any fine or other penalty, require every
  558  person convicted for violation of a state penal or criminal
  559  statute or convicted for violation of a municipal or county
  560  ordinance to pay $3 as a court cost. Any person whose
  561  adjudication is withheld pursuant to the provisions of s.
  562  318.14(9) or (10) shall also be liable for payment of such cost.
  563  In addition, $3 from every bond estreature or forfeited bail
  564  bond related to such penal statutes or penal ordinances shall be
  565  remitted to the Department of Revenue as described in this
  566  subsection. However, no such assessment may be made against any
  567  person convicted for violation of any state statute, municipal
  568  ordinance, or county ordinance relating to the parking of
  569  vehicles.
  570         (a) All costs collected by the courts pursuant to this
  571  subsection shall be remitted to the Department of Revenue in
  572  accordance with administrative rules adopted by the executive
  573  director of the Department of Revenue for deposit in the
  574  Additional Court Cost Clearing Trust Fund. These funds and the
  575  funds deposited in the Additional Court Cost Clearing Trust Fund
  576  pursuant to s. 318.21(2)(c) shall be distributed as follows:
  577         1. Ninety-two percent to the Department of Law Enforcement
  578  Criminal Justice Standards and Training Trust Fund.
  579         2. Six and three-tenths percent to the Department of Law
  580  Enforcement Operating Trust Fund for the Criminal Justice Grant
  581  Program.
  582         3. One and seven-tenths percent to the Department of
  583  Children and Family Services Domestic Violence Trust Fund for
  584  the domestic violence program pursuant to s. 39.903(1)(3).
  585         Section 17. This act shall take effect July 1, 2012.