Florida Senate - 2023 SB 390 By Senator Garcia 36-00762-23 2023390__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to the Domestic Violence Task Force; 2 creating s. 39.909, F.S.; creating the Domestic 3 Violence Task Force adjunct to the Department of 4 Children and Families; requiring the department to 5 provide certain services to the task force; specifying 6 the task force’s purpose; specifying the composition 7 of the task force; specifying a timeframe for the 8 appointment of task force members; specifying 9 requirements for meetings; specifying duties of the 10 task force; authorizing the department to request 11 assistance from state departments and agencies and 12 requiring state departments and agencies to provide 13 requested assistance to the task force; requiring the 14 task force to submit reports to the Governor and the 15 Legislature by certain dates; providing for 16 dissolution of the task force; providing for future 17 repeal; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21

Section

Section 39.909, Florida Statutes, is created to 22 read: 23 39.909 Domestic Violence Task Force.— 24

(1) CREATION.—The Domestic Violence Task Force, a task 25 force as defined in s. 20.03(8), is created adjunct to the 26 department. The department shall provide administrative and 27 support staff services relating to the functions of the task 28 force. 29

Florida Senate - 2023 SB 390 36-00762-23 2023390__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions.

(2) PURPOSE.—The purpose of the task force is to evaluate 30 the child welfare system in relation to domestic violence 31 investigations, consider proposed legislation, and recommend 32 changes to existing law, rules, and policies. 33

(3) MEMBERSHIP; APPOINTMENT; MEETINGS.— 34 (

a) The task force is composed of the following members: 35 1. The Secretary of Children and Families or the 36 secretary’s designee, who shall serve as co-chair; 37 2. The president of the Florida Partnership to End Domestic 38 Violence or the president’s designee, who shall serve as co-39 chair; 40 3. A representative of domestic violence courts, appointed 41 by the Governor; 42 4. A domestic violence victim, appointed by the President 43 of the Senate; 44 5. A representative of a certified domestic violence 45 center, appointed by the Speaker of the House of 46 Representatives; 47 6.

A representative of a certified batterers’ intervention 48 program, appointed by the Governor; 49 7. A child protective investigator from the department, 50 appointed by the President of the Senate; 51 8. A representative from a county sheriff’s office 52 protective investigation team, appointed by the Speaker of the 53 House of Representatives; 54 9. A representative from the field of law enforcement, 55 appointed by the Governor; 56 10. A chief executive officer of a community-based care 57 lead agency, appointed by the President of the Senate; and 58

Florida Senate - 2023 SB 390 36-00762-23 2023390__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. 11. A licensed therapist who specializes in treating 59 victims of domestic violence, appointed by the Speaker of the 60 House of Representatives. 61 (

b) Appointments to the task force must be made by October 62 1, 2023. Members are appointed to serve at the pleasure of the 63 appointing authority. A vacancy on the task force must be filled 64 in the same manner as the original appointment. 65 (

c) The task force shall convene its first meeting by 66 November 1, 2023. The task force shall meet quarterly or upon 67 the call of the chair and hold its meetings by teleconference or 68 other electronic means. 69

(4) DUTIES.— 70 (

a) The duties of the Domestic Violence Task Force include 71 all of the following: 72 1. Examining the effectiveness of current operations and 73 treatment in batterers’ intervention programs, the consistency 74 in enforcement of domestic violence laws, and the level of 75 accountability of agencies and providers that conduct protective 76 investigations and that are responsible for handling dependency 77 cases for domestic violence incidents. 78 2.

Eliciting feedback and seeking input from stakeholders 79 who are responsible for domestic violence investigations and 80 cases in the child welfare system regarding necessary policy or 81 rule changes. 82 3. Developing best practices, policies, and procedures 83 relating to domestic violence abuse reports and delivery of 84 services to the victims and perpetrators of domestic violence 85 incidents, and addressing the specific challenges when such 86 incidents involve children. 87

Florida Senate - 2023 SB 390 36-00762-23 2023390__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. 4. Developing updated protocols, as necessary, to ensure 88 that policies and procedures relating to domestic violence abuse 89 reports, dependency cases, and termination of parental rights 90 cases are consistently enforced. 91 5. Developing policies relating to the roles of the 92 department and the Florida Partnership to End Domestic Violence 93 with respect to domestic violence incidents, including, but not 94 limited to, such incidents that involve children.

Such policies 95 must evaluate the oversight of domestic violence services with a 96 goal of optimizing accountability. 97 6.

Evaluating the appropriateness of establishing a model 98 diversion program for victims of domestic violence who are 99 subject to dependency proceedings related to a child in their 100 custody as a result of such domestic violence, which allows for 101 judicial oversight if certain criteria are met but which permits 102 the dependency petition to be dismissed without prejudice if the 103 victim completes narrowly tailored services related to domestic 104 violence which are deemed necessary to keep the child safe. 105 7. Determining the need for updated

definitions and 106 corresponding provisions applicable to domestic violence abuse 107 reports and dependency cases, such as “failure to protect” and 108 “intimate partner violence.” 109 8. Determining when a domestic violence victim’s failure to 110 protect his or her child may be used as a basis to file a 111 shelter petition. 112 9. Evaluating steps needed, as appropriate, to ensure 113 proper implementation of and adherence to, as appropriate, the 114 Safe and Together model that has been used in this state. 115 10. Determining what steps should be taken during a 116

Florida Senate - 2023 SB 390 36-00762-23 2023390__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. domestic violence investigation to ensure a non-offending parent 117 who is a victim of domestic violence is aware of the option to 118 seek an injunction and remain in the home with the child, if 119 appropriate. 120 (

b) The task force may request assistance in the 121 performance of its duties from appropriate departments and 122 agencies of the state, and such departments and agencies shall 123 provide such assistance in a timely manner. 124

(5) REPORTS.—By May 1, 2024, the task force shall submit an 125 interim report to the Governor, the President of the Senate, and 126 the Speaker of the House of Representatives which contains its 127 findings and recommendations on best practices, policies, and 128 procedures relating to domestic violence abuse reports and cases 129 involving children, as well as proposed changes to current 130 legislation to implement the task force’s recommendations.

The 131 task force shall submit its final report to the Governor, the 132 President of the Senate, and the Speaker of the House of 133 Representatives by November 1, 2024. The task force is dissolved 134 upon submission of the final report. 135

(6) REPEAL.—This

section is repealed September 1, 2025, 136 unless reviewed and saved from repeal through reenactment by the 137 Legislature. 138

Section 2. This act shall take effect July 1, 2023. 139