Florida Senate - 2020                                    SB 1482
       By Senator Bean
       4-01272-20                                            20201482__
    1                        A bill to be entitled                      
    2         An act relating to domestic violence services;
    3         amending s. 39.902, F.S.; deleting the definition of
    4         the term “coalition”; amending s. 39.903, F.S.;
    5         revising the duties of the Department of Children and
    6         Families in relation to the domestic violence program;
    7         repealing s. 39.9035, F.S., relating to the duties and
    8         functions of the Florida Coalition Against Domestic
    9         Violence with respect to domestic violence; amending
   10         s. 39.904, F.S.; requiring the department to provide a
   11         specified report; amending s. 39.905, F.S.; revising
   12         the requirements of domestic violence centers;
   13         amending s. 39.9055, F.S.; removing the coalition from
   14         the capital improvement grant program process;
   15         amending ss. 39.8296, 381.006, 381.0072, 383.402,
   16         402.40, 741.316, 753.03, 943.0542, 943.1701, and
   17         1004.615, F.S.; conforming provisions to changes made
   18         by the act; providing an effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Subsection (1) of section 39.902, Florida
   23  Statutes, is amended to read:
   24         39.902 Definitions.—As used in this part, the term:
   25         (1)“Coalition” means the Florida Coalition Against
   26  Domestic Violence.
   27         Section 2. Subsections (1), (2), (7), and (8) of section
   28  39.903, Florida Statutes, are amended to read:
   29         39.903 Duties and functions of the department with respect
   30  to domestic violence.—The department shall:
   31         (1) Operate the domestic violence program and, in
   32  collaboration with the coalition, shall coordinate and
   33  administer statewide activities related to the prevention of
   34  domestic violence.
   35         (2) Receive and approve or reject applications for initial
   36  certification of domestic violence centers, and. The department
   37  shall annually renew the certification thereafter upon receipt
   38  of a favorable monitoring report by the coalition.
   39         (7) Contract with an entity or entities the coalition for
   40  the delivery and management of services for the state’s domestic
   41  violence program if the department determines that doing so is
   42  in the best interest of the state. Services under this contract
   43  include, but are not limited to, the administration of contracts
   44  and grants.
   45         (8) Consider applications from certified domestic violence
   46  centers for capital improvement grants and award those grants in
   47  accordance with pursuant to s. 39.9055.
   48         Section 3. Section 39.9035, Florida Statutes, is repealed.
   49         Section 4. Section 39.904, Florida Statutes, is amended to
   50  read:
   51         39.904 Report to the Legislature on the status of domestic
   52  violence cases.—On or before January 1 of each year, the
   53  department coalition shall furnish to the President of the
   54  Senate and the Speaker of the House of Representatives a report
   55  on the status of domestic violence in this state, which must
   56  include, but need not be limited to, the following:
   57         (1) The incidence of domestic violence in this state.
   58         (2) An identification of the areas of the state where
   59  domestic violence is of significant proportions, indicating the
   60  number of cases of domestic violence officially reported, as
   61  well as an assessment of the degree of unreported cases of
   62  domestic violence.
   63         (3) An identification and description of the types of
   64  programs in the state which assist victims of domestic violence
   65  or persons who commit domestic violence, including information
   66  on funding for the programs.
   67         (4) The number of persons who receive services from local
   68  certified domestic violence programs that receive funding
   69  through the department coalition.
   70         (5) The incidence of domestic violence homicides in the
   71  state, including information and data collected from state and
   72  local domestic violence fatality review teams.
   73         Section 5. Paragraphs (f) and (g) of subsection (1),
   74  subsections (2) and (4), paragraph (a) of subsection (6), and
   75  subsections (7) and (8) of section 39.905, Florida Statutes, are
   76  amended to read:
   77         39.905 Domestic violence centers.—
   78         (1) Domestic violence centers certified under this part
   79  must:
   80         (f) Comply with rules adopted under pursuant to this part.
   81         (g) File with the department coalition a list of the names
   82  of the domestic violence advocates who are employed or who
   83  volunteer at the domestic violence center who may claim a
   84  privilege under s. 90.5036 to refuse to disclose a confidential
   85  communication between a victim of domestic violence and the
   86  advocate regarding the domestic violence inflicted upon the
   87  victim. The list must include the title of the position held by
   88  the advocate whose name is listed and a description of the
   89  duties of that position. A domestic violence center must file
   90  amendments to this list as necessary.
   91         (2) If the department finds that there is failure by a
   92  center to comply with the requirements established, or rules
   93  adopted, under this part or with the rules adopted pursuant
   94  thereto, the department may deny, suspend, or revoke the
   95  certification of the center.
   96         (4) The domestic violence centers shall establish
   97  procedures to facilitate pursuant to which persons subject to
   98  domestic violence to may seek services from these centers
   99  voluntarily.
  100         (6) In order to receive state funds, a center must:
  101         (a) Obtain certification under pursuant to this part.
  102  However, the issuance of a certificate does not obligate the
  103  department coalition to provide funding.
  104         (7)(a) All funds collected and appropriated to the domestic
  105  violence program for certified domestic violence centers shall
  106  be distributed annually according to an allocation formula
  107  approved by the department. In developing the formula, the
  108  factors of population, rural characteristics, geographical area,
  109  and the incidence of domestic violence must shall be considered.
  110         (b) A contract between the department coalition and a
  111  certified domestic violence center shall contain provisions
  112  ensuring the availability and geographic accessibility of
  113  services throughout the service area. For this purpose, a center
  114  may distribute funds through subcontracts or to center
  115  satellites, if such arrangements and any subcontracts are
  116  approved by the department coalition.
  117         (8)If any of the required services are exempted from
  118  certification by the department under this section, the center
  119  may not receive funding from the coalition for those services.
  120         Section 6. Section 39.9055, Florida Statutes, is amended to
  121  read:
  122         39.9055 Certified domestic violence centers; capital
  123  improvement grant program.—There is established a certified
  124  domestic violence center capital improvement grant program.
  125         (1) A certified domestic violence center as defined in s.
  126  39.905 may apply to the department of Children and Families for
  127  a capital improvement grant. The grant application must provide
  128  information that includes:
  129         (a) A statement specifying the capital improvement that the
  130  certified domestic violence center proposes to make with the
  131  grant funds.
  132         (b) The proposed strategy for making the capital
  133  improvement.
  134         (c) The organizational structure that will carry out the
  135  capital improvement.
  136         (d) Evidence that the certified domestic violence center
  137  has difficulty in obtaining funding or that funds available for
  138  the proposed improvement are inadequate.
  139         (e) Evidence that the funds will assist in meeting the
  140  needs of victims of domestic violence and their children in the
  141  certified domestic violence center service area.
  142         (f) Evidence of a satisfactory recordkeeping system to
  143  account for fund expenditures.
  144         (g) Evidence of ability to generate local match.
  145         (2) Certified domestic violence centers as defined in s.
  146  39.905 may receive funding subject to legislative appropriation,
  147  upon application to the department of Children and Families, for
  148  projects to construct, acquire, repair, improve, or upgrade
  149  systems, facilities, or equipment, subject to availability of
  150  funds. An award of funds under this section must be made in
  151  accordance with a needs assessment developed by the Florida
  152  Coalition Against Domestic Violence and the department of
  153  Children and Families. The department annually shall perform
  154  this needs assessment and shall rank in order of need those
  155  centers that are requesting funds for capital improvement.
  156         (3) The department of Children and Families shall, in
  157  collaboration with the Florida Coalition Against Domestic
  158  Violence, establish criteria for awarding the capital
  159  improvement funds that must be used exclusively for support and
  160  assistance with the capital improvement needs of the certified
  161  domestic violence centers, as defined in s. 39.905.
  162         (4) The department of Children and Families shall ensure
  163  that the funds awarded under this section are used solely for
  164  the purposes specified in this section. The department will also
  165  ensure that the grant process maintains the confidentiality of
  166  the location of the certified domestic violence centers, as
  167  required under pursuant to s. 39.908. The total amount of grant
  168  moneys awarded under this section may not exceed the amount
  169  appropriated for this program.
  170         Section 7. Paragraph (b) of subsection (2) of section
  171  39.8296, Florida Statutes, is amended to read:
  172         39.8296 Statewide Guardian Ad Litem Office; legislative
  173  findings and intent; creation; appointment of executive
  174  director; duties of office.—
  175         (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a
  176  Statewide Guardian Ad Litem Office within the Justice
  177  Administrative Commission. The Justice Administrative Commission
  178  shall provide administrative support and service to the office
  179  to the extent requested by the executive director within the
  180  available resources of the commission. The Statewide Guardian Ad
  181  Litem Office shall not be subject to control, supervision, or
  182  direction by the Justice Administrative Commission in the
  183  performance of its duties, but the employees of the office shall
  184  be governed by the classification plan and salary and benefits
  185  plan approved by the Justice Administrative Commission.
  186         (b) The Statewide Guardian Ad Litem Office shall, within
  187  available resources, have oversight responsibilities for and
  188  provide technical assistance to all guardian ad litem and
  189  attorney ad litem programs located within the judicial circuits.
  190         1. The office shall identify the resources required to
  191  implement methods of collecting, reporting, and tracking
  192  reliable and consistent case data.
  193         2. The office shall review the current guardian ad litem
  194  programs in Florida and other states.
  195         3. The office, in consultation with local guardian ad litem
  196  offices, shall develop statewide performance measures and
  197  standards.
  198         4. The office shall develop a guardian ad litem training
  199  program. The office shall establish a curriculum committee to
  200  develop the training program specified in this subparagraph. The
  201  curriculum committee shall include, but not be limited to,
  202  dependency judges, directors of circuit guardian ad litem
  203  programs, active certified guardians ad litem, a mental health
  204  professional who specializes in the treatment of children, a
  205  member of a child advocacy group, a representative of a domestic
  206  violence advocacy group the Florida Coalition Against Domestic
  207  Violence, and a social worker experienced in working with
  208  victims and perpetrators of child abuse.
  209         5. The office shall review the various methods of funding
  210  guardian ad litem programs, shall maximize the use of those
  211  funding sources to the extent possible, and shall review the
  212  kinds of services being provided by circuit guardian ad litem
  213  programs.
  214         6. The office shall determine the feasibility or
  215  desirability of new concepts of organization, administration,
  216  financing, or service delivery designed to preserve the civil
  217  and constitutional rights and fulfill other needs of dependent
  218  children.
  219         7. In an effort to promote normalcy and establish trust
  220  between a court-appointed volunteer guardian ad litem and a
  221  child alleged to be abused, abandoned, or neglected under this
  222  chapter, a guardian ad litem may transport a child. However, a
  223  guardian ad litem volunteer may not be required or directed by
  224  the program or a court to transport a child.
  225         8. The office shall submit to the Governor, the President
  226  of the Senate, the Speaker of the House of Representatives, and
  227  the Chief Justice of the Supreme Court an interim report
  228  describing the progress of the office in meeting the goals as
  229  described in this section. The office shall submit to the
  230  Governor, the President of the Senate, the Speaker of the House
  231  of Representatives, and the Chief Justice of the Supreme Court a
  232  proposed plan including alternatives for meeting the state’s
  233  guardian ad litem and attorney ad litem needs. This plan may
  234  include recommendations for less than the entire state, may
  235  include a phase-in system, and shall include estimates of the
  236  cost of each of the alternatives. Each year the office shall
  237  provide a status report and provide further recommendations to
  238  address the need for guardian ad litem services and related
  239  issues.
  240         Section 8. Subsection (18) of section 381.006, Florida
  241  Statutes, is amended to read:
  242         381.006 Environmental health.—The department shall conduct
  243  an environmental health program as part of fulfilling the
  244  state’s public health mission. The purpose of this program is to
  245  detect and prevent disease caused by natural and manmade factors
  246  in the environment. The environmental health program shall
  247  include, but not be limited to:
  248         (18) A food service inspection function for domestic
  249  violence centers that are certified and monitored by the
  250  Department of Children and Families and monitored by the Florida
  251  Coalition Against Domestic Violence under part XII of chapter 39
  252  and group care homes as described in subsection (16), which
  253  shall be conducted annually and be limited to the requirements
  254  in department rule applicable to community-based residential
  255  facilities with five or fewer residents.
  257  The department may adopt rules to carry out the provisions of
  258  this section.
  259         Section 9. Paragraph (c) of subsection (2) of section
  260  381.0072, Florida Statutes, is amended to read:
  261         381.0072 Food service protection.—
  262         (2) DEFINITIONS.—As used in this section, the term:
  263         (c) “Food service establishment” means detention
  264  facilities, public or private schools, migrant labor camps,
  265  assisted living facilities, facilities participating in the
  266  United States Department of Agriculture Afterschool Meal Program
  267  that are located at a facility or site that is not inspected by
  268  another state agency for compliance with sanitation standards,
  269  adult family-care homes, adult day care centers, short-term
  270  residential treatment centers, residential treatment facilities,
  271  homes for special services, transitional living facilities,
  272  crisis stabilization units, hospices, prescribed pediatric
  273  extended care centers, intermediate care facilities for persons
  274  with developmental disabilities, boarding schools, civic or
  275  fraternal organizations, bars and lounges, vending machines that
  276  dispense potentially hazardous foods at facilities expressly
  277  named in this paragraph, and facilities used as temporary food
  278  events or mobile food units at any facility expressly named in
  279  this paragraph, where food is prepared and intended for
  280  individual portion service, including the site at which
  281  individual portions are provided, regardless of whether
  282  consumption is on or off the premises and regardless of whether
  283  there is a charge for the food. The term includes a culinary
  284  education program where food is prepared and intended for
  285  individual portion service, regardless of whether there is a
  286  charge for the food or whether the program is inspected by
  287  another state agency for compliance with sanitation standards.
  288  The term does not include any entity not expressly named in this
  289  paragraph; nor does the term include a domestic violence center
  290  certified and monitored by the Department of Children and
  291  Families and monitored by the Florida Coalition Against Domestic
  292  Violence under part XII of chapter 39 if the center does not
  293  prepare and serve food to its residents and does not advertise
  294  food or drink for public consumption.
  295         Section 10. Subsection (2) of section 383.402, Florida
  296  Statutes, is amended to read:
  297         383.402 Child abuse death review; State Child Abuse Death
  298  Review Committee; local child abuse death review committees.—
  300         (a) Membership.—
  301         1. The State Child Abuse Death Review Committee is
  302  established within the Department of Health and shall consist of
  303  a representative of the Department of Health, appointed by the
  304  State Surgeon General, who shall serve as the state committee
  305  coordinator. The head of each of the following agencies or
  306  organizations shall also appoint a representative to the state
  307  committee:
  308         a. The Department of Legal Affairs.
  309         b. The Department of Children and Families.
  310         c. The Department of Law Enforcement.
  311         d. The Department of Education.
  312         e. The Florida Prosecuting Attorneys Association, Inc.
  313         f. The Florida Medical Examiners Commission, whose
  314  representative must be a forensic pathologist.
  315         2. In addition, the State Surgeon General shall appoint the
  316  following members to the state committee, based on
  317  recommendations from the Department of Health and the agencies
  318  listed in subparagraph 1., and ensuring that the committee
  319  represents the regional, gender, and ethnic diversity of the
  320  state to the greatest extent possible:
  321         a. The Department of Health Statewide Child Protection Team
  322  Medical Director.
  323         b. A public health nurse.
  324         c. A mental health professional who treats children or
  325  adolescents.
  326         d. An employee of the Department of Children and Families
  327  who supervises family services counselors and who has at least 5
  328  years of experience in child protective investigations.
  329         e. The medical director of a Child Protection Team.
  330         f. A member of a child advocacy organization.
  331         g. A social worker who has experience in working with
  332  victims and perpetrators of child abuse.
  333         h. A person trained as a paraprofessional in patient
  334  resources who is employed in a child abuse prevention program.
  335         i. A law enforcement officer who has at least 5 years of
  336  experience in children’s issues.
  337         j. A representative of a domestic violence advocacy group
  338  the Florida Coalition Against Domestic Violence.
  339         k. A representative from a private provider of programs on
  340  preventing child abuse and neglect.
  341         l. A substance abuse treatment professional.
  342         3. The members of the state committee shall be appointed to
  343  staggered terms not to exceed 2 years each, as determined by the
  344  State Surgeon General. Members may be appointed to no more than
  345  three consecutive terms. The state committee shall elect a
  346  chairperson from among its members to serve for a 2-year term,
  347  and the chairperson may appoint ad hoc committees as necessary
  348  to carry out the duties of the committee.
  349         4. Members of the state committee shall serve without
  350  compensation but may receive reimbursement for per diem and
  351  travel expenses incurred in the performance of their duties as
  352  provided in s. 112.061 and to the extent that funds are
  353  available.
  354         (b) Duties.—The State Child Abuse Death Review Committee
  355  shall:
  356         1. Develop a system for collecting data from local
  357  committees on deaths that are reported to the central abuse
  358  hotline. The system must include a protocol for the uniform
  359  collection of data statewide, which must, at a minimum, use the
  360  National Child Death Review Case Reporting System administered
  361  by the National Center for the Review and Prevention of Child
  362  Deaths.
  363         2. Provide training to cooperating agencies, individuals,
  364  and local child abuse death review committees on the use of the
  365  child abuse death data system.
  366         3. Provide training to local child abuse death review
  367  committee members on the dynamics and impact of domestic
  368  violence, substance abuse, or mental health disorders when there
  369  is a co-occurrence of child abuse. Training must be provided by
  370  the Department of Children and Families Florida Coalition
  371  Against Domestic Violence, the Florida Alcohol and Drug Abuse
  372  Association, and the Florida Council for Community Mental Health
  373  in each entity’s respective area of expertise.
  374         4. Develop statewide uniform guidelines, standards, and
  375  protocols, including a protocol for standardized data collection
  376  and reporting, for local child abuse death review committees and
  377  provide training and technical assistance to local committees.
  378         5. Develop statewide uniform guidelines for reviewing
  379  deaths that are the result of child abuse, including guidelines
  380  to be used by law enforcement agencies, prosecutors, medical
  381  examiners, health care practitioners, health care facilities,
  382  and social service agencies.
  383         6. Study the adequacy of laws, rules, training, and
  384  services to determine what changes are needed to decrease the
  385  incidence of child abuse deaths and develop strategies and
  386  recruit partners to implement these changes.
  387         7. Provide consultation on individual cases to local
  388  committees upon request.
  389         8. Educate the public regarding the provisions of chapter
  390  99-168, Laws of Florida, the incidence and causes of child abuse
  391  death, and ways by which such deaths may be prevented.
  392         9. Promote continuing education for professionals who
  393  investigate, treat, and prevent child abuse or neglect.
  394         10. Recommend, when appropriate, the review of the death
  395  certificate of a child who died as a result of abuse or neglect.
  396         Section 11. Paragraph (b) of subsection (5) of section
  397  402.40, Florida Statutes, is amended to read:
  398         402.40 Child welfare training and certification.—
  400         (b) The identification of these core competencies and
  401  development of preservice curricula shall be a collaborative
  402  effort that includes professionals who have expertise in child
  403  welfare services, department-approved third-party credentialing
  404  entities, and providers that will be affected by the curriculum,
  405  including, but not limited to, representatives from the
  406  community-based care lead agencies, the Florida Coalition
  407  Against Domestic Violence, the Florida Alcohol and Drug Abuse
  408  Association, the Florida Council for Community Mental Health,
  409  sheriffs’ offices conducting child protection investigations,
  410  and child welfare legal services providers.
  411         Section 12. Subsection (5) of section 741.316, Florida
  412  Statutes, is amended to read:
  413         741.316 Domestic violence fatality review teams;
  414  definition; membership; duties.—
  415         (5) The domestic violence fatality review teams are
  416  assigned to the Department of Children and Families Florida
  417  Coalition Against Domestic Violence for administrative purposes.
  418         Section 13. Paragraph (d) of subsection (2) of section
  419  753.03, Florida Statutes, is amended to read:
  420         753.03 Standards for supervised visitation and supervised
  421  exchange programs.—
  422         (2) The clearinghouse shall use an advisory board to assist
  423  in developing the standards. The advisory board must include:
  424         (d)A representative of the Florida Coalition Against
  425  Domestic Violence, appointed by the executive director of the
  426  Florida Coalition Against Domestic Violence.
  427         Section 14. Paragraph (a) of subsection (1) and subsection
  428  (5) of section 943.0542, Florida Statutes, are amended to read:
  429         943.0542 Access to criminal history information provided by
  430  the department to qualified entities.—
  431         (1) As used in this section, the term:
  432         (a) “Care” means the provision of care, treatment,
  433  education, training, instruction, supervision, or recreation to
  434  children, the elderly, victims of domestic violence, or
  435  individuals with disabilities.
  436         (5) The determination whether the criminal history record
  437  shows that the employee or volunteer has been convicted of or is
  438  under pending indictment for any crime that bears upon the
  439  fitness of the employee or volunteer to have responsibility for
  440  the safety and well-being of children, the elderly, victims of
  441  domestic violence, or disabled persons shall solely be made by
  442  the qualified entity. This section does not require the
  443  department to make such a determination on behalf of any
  444  qualified entity.
  445         Section 15. Section 943.1701, Florida Statutes, is amended
  446  to read:
  447         943.1701 Uniform statewide policies and procedures; duty of
  448  the commission.—The commission, with the advice and cooperation
  449  of the Department of Children and Families Florida Coalition
  450  Against Domestic Violence, the Florida Sheriffs Association, the
  451  Florida Police Chiefs Association, and other agencies that
  452  verify, serve, and enforce injunctions for protection against
  453  domestic violence, shall develop by rule uniform statewide
  454  policies and procedures to be incorporated into required courses
  455  of basic law enforcement training and continuing education.
  456  These statewide policies and procedures shall include:
  457         (1) The duties and responsibilities of law enforcement in
  458  response to domestic violence calls, enforcement of injunctions,
  459  and data collection.
  460         (2) The legal duties imposed on law enforcement officers to
  461  make arrests and offer protection and assistance, including
  462  guidelines for making felony and misdemeanor arrests.
  463         (3) Techniques for handling incidents of domestic violence
  464  that minimize the likelihood of injury to the officer and that
  465  promote safety of the victim.
  466         (4) The dynamics of domestic violence and the magnitude of
  467  the problem.
  468         (5) The legal rights of, and remedies available to, victims
  469  of domestic violence.
  470         (6) Documentation, report writing, and evidence collection.
  471         (7) Tenancy issues and domestic violence.
  472         (8) The impact of law enforcement intervention in
  473  preventing future violence.
  474         (9) Special needs of children at the scene of domestic
  475  violence and the subsequent impact on their lives.
  476         (10) The services and facilities available to victims and
  477  batterers.
  478         (11) The use and application of sections of the Florida
  479  Statutes as they relate to domestic violence situations.
  480         (12) Verification, enforcement, and service of injunctions
  481  for protection when the suspect is present and when the suspect
  482  has fled.
  483         (13) Emergency assistance to victims and how to assist
  484  victims in pursuing criminal justice options.
  485         (14) Working with uncooperative victims, when the officer
  486  becomes the complainant.
  487         Section 16. Subsection (3) of section 1004.615, Florida
  488  Statutes, is amended to read:
  489         1004.615 Florida Institute for Child Welfare.—
  490         (3) The institute shall work with the department, sheriffs
  491  providing child protective investigative services, community
  492  based care lead agencies, community-based care provider
  493  organizations, the court system, the Department of Juvenile
  494  Justice, the Florida Coalition Against Domestic Violence, and
  495  other partners who contribute to and participate in providing
  496  child protection and child welfare services.
  497         Section 17. This act shall take effect July 1, 2020.