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.
   22  Be It Enacted by the Legislature of the State of Florida:
   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.