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
thecertified 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 centersand 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 adomestic violence centers, centercertified 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 ofs. 741.29. 116 Section 7. This act shall take effect July 1, 2015.