Senate Bill 1482 (2020) — Domestic violence services
SB 1482
Florida Bills
Florida Senate - 2020 SB 1482 By Senator Bean 4-01272-20 20201482__ Page 1 of 18 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to domestic violence services; 2 amending s. 39.902, F.S.; deleting the definition of 3 the term “coalition”; amending s. 39.903, F.S.; 4 revising the duties of the Department of Children and 5 Families in relation to the domestic violence program; 6 repealing s. 39.9035, F.S., relating to the duties and 7 functions of the Florida Coalition Against Domestic 8 Violence with respect to domestic violence; amending 9 s. 39.904, F.S.; requiring the department to provide a 10 specified report; amending s. 39.905, F.S.; revising 11 the requirements of domestic violence centers; 12 amending s. 39.9055, F.S.; removing the coalition from 13 the capital improvement grant program process; 14 amending ss. 39.8296, 381.006, 381.0072, 383.402, 15 402.40, 741.316, 753.03, 943.0542, 943.1701, and 16 1004.615, F.S.; conforming provisions to changes made 17 by the act; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21
Section 1. Subsection (1) of
section 39.902, Florida 22 Statutes, is amended to read: 23 39.902
Definitions.—As used in this part, the term: 24 (1) “Coalition” means the Florida Coalition Against 25 Domestic Violence. 26
Section 2. Subsections (1), (2), (7), and (8) of
section 27 39.903, Florida Statutes, are amended to read: 28 39.903 Duties and functions of the department with respect 29
Florida Senate - 2020 SB 1482 4-01272-20 20201482__ Page 2 of 18 CODING: Words stricken are deletions; words underlined are additions. to domestic violence.—The department shall: 30
(1) Operate the domestic violence program and, in 31 collaboration with the coalition, shall coordinate and 32 administer statewide activities related to the prevention of 33 domestic violence. 34
(2) Receive and approve or reject applications for initial 35 certification of domestic violence centers, and. The department 36 shall annually renew the certification thereafter upon receipt 37 of a favorable monitoring report by the coalition. 38
(7) Contract with an entity or entities the coalition for 39 the delivery and management of services for the state’s domestic 40 violence program if the department determines that doing so is 41 in the best interest of the state. Services under this contract 42 include, but are not limited to, the administration of contracts 43 and grants. 44
(8) Consider applications from certified domestic violence 45 centers for capital improvement grants and award those grants in 46 accordance with pursuant to s. 39.9055. 47
Section
Section 39.9035, Florida Statutes, is repealed. 48
Section
Section 39.904, Florida Statutes, is amended to 49 read: 50 39.904 Report to the Legislature on the status of domestic 51 violence cases.—On or before January 1 of each year, the 52 department coalition shall furnish to the President of the 53 Senate and the Speaker of the House of Representatives a report 54 on the status of domestic violence in this state, which must 55 include, but need not be limited to, the following: 56
(1) The incidence of domestic violence in this state. 57
(2) An identification of the areas of the state where 58
Florida Senate - 2020 SB 1482 4-01272-20 20201482__ Page 3 of 18 CODING: Words stricken are deletions; words underlined are additions. domestic violence is of significant proportions, indicating the 59 number of cases of domestic violence officially reported, as 60 well as an assessment of the degree of unreported cases of 61 domestic violence. 62
(3) An identification and description of the types of 63 programs in the state which assist victims of domestic violence 64 or persons who commit domestic violence, including information 65 on funding for the programs. 66
(4) The number of persons who receive services from local 67 certified domestic violence programs that receive funding 68 through the department coalition. 69
(5) The incidence of domestic violence homicides in the 70 state, including information and data collected from state and 71 local domestic violence fatality review teams. 72
Section 5. Paragraphs (
f) and (
g) of subsection (1), 73 subsections (2) and (4), paragraph (
a) of subsection (6), and 74 subsections (7) and (8) of
section 39.905, Florida Statutes, are 75 amended to read: 76 39.905 Domestic violence centers.— 77
(1) Domestic violence centers certified under this
part 78 must: 79 (
f) Comply with rules adopted under pursuant to this part. 80 (
g) File with the department coalition a list of the names 81 of the domestic violence advocates who are employed or who 82 volunteer at the domestic violence center who may claim a 83 privilege under s. 90.5036 to refuse to disclose a confidential 84 communication between a victim of domestic violence and the 85 advocate regarding the domestic violence inflicted upon the 86 victim. The list must include the title of the position held by 87
Florida Senate - 2020 SB 1482 4-01272-20 20201482__ Page 4 of 18 CODING: Words stricken are deletions; words underlined are additions. the advocate whose name is listed and a description of the 88 duties of that position. A domestic violence center must file 89 amendments to this list as necessary. 90
(2) If the department finds that there is failure by a 91 center to comply with the requirements established, or rules 92 adopted, under this part or with the rules adopted pursuant 93 thereto, the department may deny, suspend, or revoke the 94 certification of the center. 95
(4) The domestic violence centers shall establish 96 procedures to facilitate pursuant to which persons subject to 97 domestic violence to may seek services from these centers 98 voluntarily. 99
(6) In order to receive state funds, a center must: 100 (
a) Obtain certification under pursuant to this part. 101 However, the issuance of a certificate does not obligate the 102 department coalition to provide funding. 103 (7)(
a) All funds collected and appropriated to the domestic 104 violence program for certified domestic violence centers shall 105 be distributed annually according to an allocation formula 106 approved by the department. In developing the formula, the 107 factors of population, rural characteristics, geographical area, 108 and the incidence of domestic violence must shall be considered. 109 (
b) A contract between the department coalition and a 110 certified domestic violence center shall contain provisions 111 ensuring the availability and geographic accessibility of 112 services throughout the service area. For this purpose, a center 113 may distribute funds through subcontracts or to center 114 satellites, if such arrangements and any subcontracts are 115 approved by the department coalition. 116
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(8) If any of the required services are exempted from 117 certification by the department under this section, the center 118 may not receive funding from the coalition for those services. 119
Section
Section 39.9055, Florida Statutes, is amended to 120 read: 121 39.9055 Certified domestic violence centers; capital 122 improvement grant program.—There is established a certified 123 domestic violence center capital improvement grant program. 124
(1) A certified domestic violence center as defined in s. 125 39.905 may apply to the department of Children and Families for 126 a capital improvement grant. The grant application must provide 127 information that includes: 128 (
a) A statement specifying the capital improvement that the 129 certified domestic violence center proposes to make with the 130 grant funds. 131 (
b) The proposed strategy for making the capital 132 improvement. 133 (
c) The organizational structure that will carry out the 134 capital improvement. 135 (
d) Evidence that the certified domestic violence center 136 has difficulty in obtaining funding or that funds available for 137 the proposed improvement are inadequate. 138 (
e) Evidence that the funds will assist in meeting the 139 needs of victims of domestic violence and their children in the 140 certified domestic violence center service area. 141 (
f) Evidence of a satisfactory recordkeeping system to 142 account for fund expenditures. 143 (
g) Evidence of ability to generate local match. 144
(2) Certified domestic violence centers as defined in s. 145
Florida Senate - 2020 SB 1482 4-01272-20 20201482__ Page 6 of 18 CODING: Words stricken are deletions; words underlined are additions. 39.905 may receive funding subject to legislative appropriation, 146 upon application to the department of Children and Families, for 147 projects to construct, acquire, repair, improve, or upgrade 148 systems, facilities, or equipment, subject to availability of 149 funds. An award of funds under this
section must be made in 150 accordance with a needs assessment developed by the Florida 151 Coalition Against Domestic Violence and the department of 152 Children and Families. The department annually shall perform 153 this needs assessment and shall rank in order of need those 154 centers that are requesting funds for capital improvement. 155
(3) The department of Children and Families shall, in 156 collaboration with the Florida Coalition Against Domestic 157 Violence, establish criteria for awarding the capital 158 improvement funds that must be used exclusively for support and 159 assistance with the capital improvement needs of the certified 160 domestic violence centers, as defined in s. 39.905. 161
(4) The department of Children and Families shall ensure 162 that the funds awarded under this
section are used solely for 163 the purposes specified in this section. The department will also 164 ensure that the grant process maintains the confidentiality of 165 the location of the certified domestic violence centers, as 166 required under pursuant to s. 39.908. The total amount of grant 167 moneys awarded under this
section may not exceed the amount 168 appropriated for this program. 169
Section 7. Paragraph (
b) of subsection (2) of
section 170 39.8296, Florida Statutes, is amended to read: 171 39.8296 Statewide Guardian Ad Litem Office; legislative 172 findings and intent; creation; appointment of executive 173 director; duties of office.— 174
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(2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a 175 Statewide Guardian Ad Litem Office within the Justice 176 Administrative Commission. The Justice Administrative Commission 177 shall provide administrative support and service to the office 178 to the extent requested by the executive director within the 179 available resources of the commission.
The Statewide Guardian Ad 180 Litem Office shall not be subject to control, supervision, or 181 direction by the Justice Administrative Commission in the 182 performance of its duties, but the employees of the office shall 183 be governed by the classification plan and salary and benefits 184 plan approved by the Justice Administrative Commission. 185 (
b) The Statewide Guardian Ad Litem Office shall, within 186 available resources, have oversight responsibilities for and 187 provide technical assistance to all guardian ad litem and 188 attorney ad litem programs located within the judicial circuits. 189 1. The office shall identify the resources required to 190 implement methods of collecting, reporting, and tracking 191 reliable and consistent case data. 192 2. The office shall review the current guardian ad litem 193 programs in Florida and other states. 194 3.
The office, in consultation with local guardian ad litem 195 offices, shall develop statewide performance measures and 196 standards. 197 4. The office shall develop a guardian ad litem training 198 program. The office shall establish a curriculum committee to 199 develop the training program specified in this subparagraph. The 200 curriculum committee shall include, but not be limited to, 201 dependency judges, directors of circuit guardian ad litem 202 programs, active certified guardians ad litem, a mental health 203
Florida Senate - 2020 SB 1482 4-01272-20 20201482__ Page 8 of 18 CODING: Words stricken are deletions; words underlined are additions. professional who specializes in the treatment of children, a 204 member of a child advocacy group, a representative of a domestic 205 violence advocacy group the Florida Coalition Against Domestic 206 Violence, and a social worker experienced in working with 207 victims and perpetrators of child abuse. 208 5.
The office shall review the various methods of funding 209 guardian ad litem programs, shall maximize the use of those 210 funding sources to the extent possible, and shall review the 211 kinds of services being provided by circuit guardian ad litem 212 programs. 213 6. The office shall determine the feasibility or 214 desirability of new concepts of organization, administration, 215 financing, or service delivery designed to preserve the civil 216 and constitutional rights and fulfill other needs of dependent 217 children. 218 7.
In an effort to promote normalcy and establish trust 219 between a court-appointed volunteer guardian ad litem and a 220 child alleged to be abused, abandoned, or neglected under this 221 chapter, a guardian ad litem may transport a child. However, a 222 guardian ad litem volunteer may not be required or directed by 223 the program or a court to transport a child. 224 8.
The office shall submit to the Governor, the President 225 of the Senate, the Speaker of the House of Representatives, and 226 the Chief Justice of the Supreme Court an interim report 227 describing the progress of the office in meeting the goals as 228 described in this section. The office shall submit to the 229 Governor, the President of the Senate, the Speaker of the House 230 of Representatives, and the Chief Justice of the Supreme Court a 231 proposed plan including alternatives for meeting the state’s 232
Florida Senate - 2020 SB 1482 4-01272-20 20201482__ Page 9 of 18 CODING: Words stricken are deletions; words underlined are additions. guardian ad litem and attorney ad litem needs. This plan may 233 include recommendations for less than the entire state, may 234 include a phase-in system, and shall include estimates of the 235 cost of each of the alternatives. Each year the office shall 236 provide a status report and provide further recommendations to 237 address the need for guardian ad litem services and related 238 issues. 239
Section 8. Subsection (18) of
section 381.006, Florida 240 Statutes, is amended to read: 241 381.006 Environmental health.—The department shall conduct 242 an environmental health program as part of fulfilling the 243 state’s public health mission. The purpose of this program is to 244 detect and prevent disease caused by natural and manmade factors 245 in the environment. The environmental health program shall 246 include, but not be limited to: 247
(18) A food service inspection function for domestic 248 violence centers that are certified and monitored by the 249 Department of Children and Families and monitored by the Florida 250 Coalition Against Domestic Violence under
part XII of
chapter 39 251 and group care homes as described in subsection (16), which 252 shall be conducted annually and be limited to the requirements 253 in department rule applicable to community-based residential 254 facilities with five or fewer residents. 255 256 The department may adopt rules to carry out the provisions of 257 this section. 258
Section 9. Paragraph (
c) of subsection (2) of
section 259 381.0072, Florida Statutes, is amended to read: 260 381.0072 Food service protection.— 261
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(2) DEFINITIONS.—As used in this section, the term: 262 (c) “Food service establishment” means detention 263 facilities, public or private schools, migrant labor camps, 264 assisted living facilities, facilities participating in the 265 United States Department of Agriculture Afterschool Meal Program 266 that are located at a facility or site that is not inspected by 267 another state agency for compliance with sanitation standards, 268 adult family-care homes, adult day care centers, short-term 269 residential treatment centers, residential treatment facilities, 270 homes for special services, transitional living facilities, 271 crisis stabilization units, hospices, prescribed pediatric 272 extended care centers, intermediate care facilities for persons 273 with developmental disabilities, boarding schools, civic or 274 fraternal organizations, bars and lounges, vending machines that 275 dispense potentially hazardous foods at facilities expressly 276 named in this paragraph, and facilities used as temporary food 277 events or mobile food units at any facility expressly named in 278 this paragraph, where food is prepared and intended for 279 individual portion service, including the site at which 280 individual portions are provided, regardless of whether 281 consumption is on or off the premises and regardless of whether 282 there is a charge for the food.
The term includes a culinary 283 education program where food is prepared and intended for 284 individual portion service, regardless of whether there is a 285 charge for the food or whether the program is inspected by 286 another state agency for compliance with sanitation standards. 287 The term does not include any entity not expressly named in this 288 paragraph; nor does the term include a domestic violence center 289 certified and monitored by the Department of Children and 290
Florida Senate - 2020 SB 1482 4-01272-20 20201482__ Page 15 of 18 CODING: Words stricken are deletions; words underlined are additions. Against Domestic Violence, the Florida Alcohol and Drug Abuse 407 Association, the Florida Council for Community Mental Health, 408 sheriffs’ offices conducting child protection investigations, 409 and child welfare legal services providers. 410
Section 12. Subsection (5) of
section 741.316, Florida 411 Statutes, is amended to read: 412 741.316 Domestic violence fatality review teams; 413 definition; membership; duties.— 414
(5) The domestic violence fatality review teams are 415 assigned to the Department of Children and Families Florida 416 Coalition Against Domestic Violence for administrative purposes. 417
Section 13. Paragraph (
d) of subsection (2) of
section 418 753.03, Florida Statutes, is amended to read: 419 753.03 Standards for supervised visitation and supervised 420 exchange programs.— 421
(2) The clearinghouse shall use an advisory board to assist 422 in developing the standards. The advisory board must include: 423 (
d) A representative of the Florida Coalition Against 424 Domestic Violence, appointed by the executive director of the 425 Florida Coalition Against Domestic Violence. 426
Section 14. Paragraph (
a) of subsection (1) and subsection 427 (5) of
section 943.0542, Florida Statutes, are amended to read: 428 943.0542 Access to criminal history information provided by 429 the department to qualified entities.— 430
(1) As used in this section, the term: 431 (a) “Care” means the provision of care, treatment, 432 education, training, instruction, supervision, or recreation to 433 children, the elderly, victims of domestic violence, or 434 individuals with disabilities. 435
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(5) The determination whether the criminal history record 436 shows that the employee or volunteer has been convicted of or is 437 under pending indictment for any crime that bears upon the 438 fitness of the employee or volunteer to have responsibility for 439 the safety and well-being of children, the elderly, victims of 440 domestic violence, or disabled persons shall solely be made by 441 the qualified entity. This
section does not require the 442 department to make such a determination on behalf of any 443 qualified entity. 444
Section
Section 943.1701, Florida Statutes, is amended 445 to read: 446 943.1701 Uniform statewide policies and procedures; duty of 447 the commission.—The commission, with the advice and cooperation 448 of the Department of Children and Families Florida Coalition 449 Against Domestic Violence, the Florida Sheriffs Association, the 450 Florida Police Chiefs Association, and other agencies that 451 verify, serve, and enforce injunctions for protection against 452 domestic violence, shall develop by rule uniform statewide 453 policies and procedures to be incorporated into required courses 454 of basic law enforcement training and continuing education. 455 These statewide policies and procedures shall include: 456
(1) The duties and responsibilities of law enforcement in 457 response to domestic violence calls, enforcement of injunctions, 458 and data collection. 459
(2) The legal duties imposed on law enforcement officers to 460 make arrests and offer protection and assistance, including 461 guidelines for making felony and misdemeanor arrests. 462
(3) Techniques for handling incidents of domestic violence 463 that minimize the likelihood of injury to the officer and that 464
Florida Senate - 2020 SB 1482 4-01272-20 20201482__ Page 17 of 18 CODING: Words stricken are deletions; words underlined are additions. promote safety of the victim. 465
(4) The dynamics of domestic violence and the magnitude of 466 the problem. 467
(5) The legal rights of, and remedies available to, victims 468 of domestic violence. 469
(6) Documentation, report writing, and evidence collection. 470
(7) Tenancy issues and domestic violence. 471
(8) The impact of law enforcement intervention in 472 preventing future violence. 473
(9) Special needs of children at the scene of domestic 474 violence and the subsequent impact on their lives. 475
(10) The services and facilities available to victims and 476 batterers. 477
(11) The use and application of sections of the Florida 478 Statutes as they relate to domestic violence situations. 479
(12) Verification, enforcement, and service of injunctions 480 for protection when the suspect is present and when the suspect 481 has fled. 482
(13) Emergency assistance to victims and how to assist 483 victims in pursuing criminal justice options. 484
(14) Working with uncooperative victims, when the officer 485 becomes the complainant. 486
Section 16. Subsection (3) of
section 1004.615, Florida 487 Statutes, is amended to read: 488 1004.615 Florida Institute for Child Welfare.— 489
(3) The institute shall work with the department, sheriffs 490 providing child protective investigative services, community-491 based care lead agencies, community-based care provider 492 organizations, the court system, the Department of Juvenile 493
Florida Senate - 2020 SB 1482 4-01272-20 20201482__ Page 18 of 18 CODING: Words stricken are deletions; words underlined are additions. Justice, the Florida Coalition Against Domestic Violence, and 494 other partners who contribute to and participate in providing 495 child protection and child welfare services. 496