Florida Senate - 2015 SB 306
By Senator Garcia
38-00470-15 2015306__
1 A bill to be entitled
2 An act relating to domestic violence organizations;
3 amending s. 39.901, F.S.; revising legislative intent;
4 amending s. 39.902, F.S.; providing definitions;
5 amending s. 39.903, F.S.; specifying duties of the
6 Department of Children and Families with respect to
7 domestic violence advocacy organizations; authorizing
8 rulemaking; amending s. 39.9035, F.S.; specifying
9 duties of the Florida Coalition Against Domestic
10 Violence with respect to domestic violence advocacy
11 organizations; creating s. 39.9051, F.S.; requiring
12 that certified domestic violence advocacy
13 organizations meet specified requirements; providing
14 consequences for failure to meet requirements;
15 requiring organizations to establish procedures for
16 persons to voluntarily seek their services; amending
17 s. 39.906, F.S.; requiring law enforcement officers to
18 make referrals to certified domestic violence advocacy
19 organizations in specified circumstances; providing an
20 effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 39.901, Florida Statutes, is amended to
25 read:
26 39.901 Domestic violence cases; treatment and
27 rehabilitation of victims and perpetrators; legislative intent.
28 The Legislature recognizes that certain persons who assault,
29 batter, or otherwise abuse their spouses and the persons subject
30 to such domestic violence are in need of treatment and
31 rehabilitation. It is the intent of the Legislature to assist in
32 the development of domestic violence centers and domestic
33 violence advocacy organizations for the victims of domestic
34 violence and to provide a place where the parties involved may
35 be separated until they can be properly assisted.
36 Section 2. Subsections (3) and (4) of section 39.902,
37 Florida Statutes, are renumbered as subsections (5) and (6),
38 respectively, and new subsections (3) and (4) are added to that
39 section, to read:
40 39.902 Definitions.—As used in this part, the term:
41 (3) “Domestic violence advocacy organization” means an
42 organization that provides services to victims of domestic
43 violence as its primary mission but does not provide a facility
44 under s. 39.905(1)(a).
45 (4) “Domestic violence referral service” means an
46 organization that provides referral services to victims of
47 domestic violence but does not provide a facility under s.
48 39.05(1)(a).
49 Section 3. Subsections (2), (3), (4), and (9) of section
50 39.903, Florida Statutes, are amended to read:
51 39.903 Duties and functions of the department with respect
52 to domestic violence.—The department shall:
53 (2) Receive and approve or reject applications for initial
54 certification of domestic violence centers and domestic violence
55 advocacy organizations. The department shall annually renew the
56 certification thereafter upon receipt of a favorable monitoring
57 report by the coalition.
58 (3) Have the right to enter and inspect the premises of
59 domestic violence centers and domestic violence advocacy
60 organizations that are applying for an initial certification or
61 facing potential suspension or revocation of certification to
62 effectively evaluate the state of compliance with minimum
63 standards.
64 (4) Promote the involvement of certified domestic violence
65 centers and domestic violence advocacy organizations in the
66 coordination, development, and planning of domestic violence
67 programming in the circuits.
68 (9) Adopt by rule procedures to administer this section,
69 including developing criteria for the approval, suspension, or
70 rejection of certification of domestic violence centers and
71 domestic violence advocacy organizations and developing minimum
72 standards for domestic violence centers to ensure the health and
73 safety of the clients in the centers.
74 Section 4. Subsections (1), (3), and (4) of section
75 39.9035, Florida Statutes, are amended to read:
76 39.9035 Duties and functions of the coalition with respect
77 to domestic violence.—As part of its delivery and management of
78 the delivery of services for the state’s domestic violence
79 program, the coalition shall:
80 (1) Implement, administer, and evaluate all domestic
81 violence services provided by the certified domestic violence
82 centers and domestic violence advocacy organizations.
83 (3) Evaluate certified domestic violence centers and
84 domestic violence advocacy organizations in order to determine
85 compliance with minimum certification standards.
86 (4) Have the right to enter and inspect the premises of
87 certified domestic violence centers and domestic violence
88 advocacy organizations for monitoring purposes.
89 Section 5. Section 39.9051, Florida Statutes, is created to
90 read:
91 39.9051 Domestic violence advocacy organizations.—
92 (1) In order to be certified under this part, a domestic
93 violence advocacy organization must comply with s. 39.905(1)(b)
94 (g).
95 (2) If the department finds that a domestic violence
96 advocacy organization certified under this part has failed to
97 comply with the requirements for such an organization under this
98 part or with the rules adopted pursuant thereto, the department
99 may deny, suspend, or revoke the certification of the
100 organization.
101 (3) A domestic violence advocacy organization certified
102 under this part shall establish procedures for a person subject
103 to domestic violence to voluntarily seek services from the
104 organization.
105 Section 6. Section 39.906, Florida Statutes, is amended to
106 read:
107 39.906 Referrals Referral to centers and notice of rights.
108 Any law enforcement officer who investigates an alleged incident
109 of domestic violence shall advise the victim of such violence of
110 that there is a domestic violence centers, center certified
111 domestic violence advocacy organizations, and domestic violence
112 referral services from which the victim may receive services.
113 The law enforcement officer shall give the victim immediate
114 notice of the legal rights and remedies available in accordance
115 with the provisions of s. 741.29.
116 Section 7. This act shall take effect July 1, 2015.