Florida Senate - 2012                             CS for SB 2054
       
       
       
       By the Committees on Children, Families, and Elder Affairs; and
       Children, Families, and Elder Affairs
       
       
       
       586-02385-12                                          20122054c1
    1                        A bill to be entitled                      
    2         An act relating to domestic violence; amending s.
    3         39.902, F.S.; defining the term “coalition” as it
    4         relates to domestic violence; amending s. 39.903,
    5         F.S.; revising provisions relating to certification of
    6         domestic violence centers; providing specified
    7         additional duties for and authority of the Florida
    8         Coalition Against Domestic Violence; revising the
    9         duties of the Department of Children and Family
   10         Services; requiring the department to contract with
   11         coalition for specified purposes; creating s. 39.9035,
   12         F.S.; providing the duties of the coalition as it
   13         manages the delivery of services to the state’s
   14         domestic violence program; amending s. 39.904, F.S.;
   15         requiring the coalition, rather than the department,
   16         to make a specified annual report; revising the
   17         contents of the report; amending s. 39.905, F.S.;
   18         requiring the coalition, rather than the department,
   19         to perform certain duties relating to certification of
   20         domestic violence centers; revising provisions
   21         relating to certification of domestic violence
   22         centers; requiring a demonstration of need for
   23         certification of a new domestic violence center;
   24         providing the grant, denial, suspension, or revocation
   25         of certification of a domestic violence center is not
   26         agency action for purposes of appeal under ch. 120,
   27         F.S.; revising provisions relating to expiration of a
   28         center’s annual certificate; prohibiting a domestic
   29         violence center from receiving funding from the
   30         coalition for services that are exempted from
   31         certification; amending ss. 381.006, 381.0072,
   32         741.281, 741.2902, 741.30, and 741.316, F.S.;
   33         conforming provisions to changes made by the act;
   34         amending s. 741.32, F.S.; deleting provisions relating
   35         to the certification of batterers’ intervention
   36         programs; amending s. 741.325, F.S.; revising the
   37         requirements for batterers’ intervention programs;
   38         repealing s. 741.327, F.S., relating to the
   39         certification and monitoring of batterers’
   40         intervention programs; amending ss. 948.038 and
   41         938.01, F.S.; conforming provisions to changes made by
   42         the act; providing an effective date.
   43  
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Present subsections (1), (2), and (3) of section
   47  39.902, Florida Statutes, are redesignated as subsections (2),
   48  (3), and (4), respectively, and a new subsection (1) is added to
   49  that section, to read:
   50         39.902 Definitions.—As used in this part, the term:
   51         (1) “Coalition” means the Florida Coalition Against
   52  Domestic Violence.
   53         Section 2. Section 39.903, Florida Statutes, is amended to
   54  read:
   55         39.903 Duties and functions of the department with respect
   56  to domestic violence.—The department shall:
   57         (1) Operate the domestic violence program and, in
   58  collaboration with the coalition, shall coordinate and
   59  administer statewide activities related to the prevention of
   60  domestic violence. The department shall:
   61         (a) Develop by rule criteria for the approval or rejection
   62  of certification or funding of domestic violence centers.
   63         (b) Develop by rule minimum standards for domestic violence
   64  centers to ensure the health and safety of the clients in the
   65  centers.
   66         (2)(c) Receive and approve or reject applications for
   67  initial certification of domestic violence centers. The
   68  department shall annually renew the certification thereafter
   69  upon receipt of a favorable monitoring report by the coalition.
   70  If any of the required services are exempted from certification
   71  by the department under s. 39.905(1)(c), the center shall not
   72  receive funding for those services.
   73         (3)(d)Have Evaluate each certified domestic violence
   74  center annually to ensure compliance with the minimum standards.
   75  The department has the right to enter and inspect the premises
   76  of domestic violence centers that are applying for an initial
   77  certification or facing potential suspension or revocation of
   78  certification certified domestic violence centers at any
   79  reasonable hour in order to effectively evaluate the state of
   80  compliance with minimum standards of these centers with this
   81  part and rules relating to this part.
   82         (e) Adopt rules to implement this part.
   83         (4)(f) Promote the involvement of certified domestic
   84  violence centers in the coordination, development, and planning
   85  of domestic violence programming in the circuits districts and
   86  the state.
   87         (2) The department shall serve as a clearinghouse for
   88  information relating to domestic violence.
   89         (3) The department shall operate the domestic violence
   90  program, which provides supervision, direction, coordination,
   91  and administration of statewide activities related to the
   92  prevention of domestic violence.
   93         (5)(4)Coordinate with state agencies that have health,
   94  education, or criminal justice responsibilities to raise
   95  awareness of domestic violence and promote consistent policy
   96  implementation. The department shall enlist the assistance of
   97  public and voluntary health, education, welfare, and
   98  rehabilitation agencies in a concerted effort to prevent
   99  domestic violence and to treat persons engaged in or subject to
  100  domestic violence. With the assistance of these agencies, the
  101  department, within existing resources, shall formulate and
  102  conduct a research and evaluation program on domestic violence.
  103  Efforts on the part of these agencies to obtain relevant grants
  104  to fund this research and evaluation program must be supported
  105  by the department.
  106         (5) The department shall develop and provide educational
  107  programs on domestic violence for the benefit of the general
  108  public, persons engaged in or subject to domestic violence,
  109  professional persons, or others who care for or may be engaged
  110  in the care and treatment of persons engaged in or subject to
  111  domestic violence.
  112         (6) The department shall Cooperate with, assist in, and
  113  participate in, programs of other properly qualified state
  114  agencies, including any agency of the Federal Government,
  115  schools of medicine, hospitals, and clinics, in planning and
  116  conducting research on the prevention of domestic violence and
  117  the provision of services to clients, care, treatment, and
  118  rehabilitation of persons engaged in or subject to domestic
  119  violence.
  120         (7) The department shall Contract with the coalition for
  121  the delivery and management of services for the state’s domestic
  122  violence program. Services under this contract include, but are
  123  not limited to, the administration of contracts and grants. a
  124  statewide association whose primary purpose is to represent and
  125  provide technical assistance to certified domestic violence
  126  centers. This association shall implement, administer, and
  127  evaluate all services provided by the certified domestic
  128  violence centers. The association shall receive and approve or
  129  reject applications for funding of certified domestic violence
  130  centers. When approving funding for a newly certified domestic
  131  violence center, the association shall make every effort to
  132  minimize any adverse economic impact on existing certified
  133  domestic violence centers or services provided within the same
  134  service area. In order to minimize duplication of services, the
  135  association shall make every effort to encourage subcontracting
  136  relationships with existing certified domestic violence centers
  137  within the same service area. In distributing funds allocated by
  138  the Legislature for certified domestic violence centers, the
  139  association shall use a formula approved by the department as
  140  specified in s. 39.905(7)(a).
  141         (8) Consider applications from certified domestic violence
  142  centers for capital improvement grants and award those grants
  143  pursuant to s. 39.9055.
  144         (9) Adopt by rule procedures to administer this section,
  145  including developing criteria for the approval, suspension, or
  146  rejection of certification of domestic violence centers and
  147  developing minimum standards for domestic violence centers to
  148  ensure the health and safety of the clients in the centers.
  149         Section 3. Section 39.9035, Florida Statutes, is created to
  150  read:
  151         39.9035 Duties and functions of the coalition with respect
  152  to domestic violence.—As part of its delivery and management of
  153  the delivery of services for the state’s domestic violence
  154  program, the coalition shall:
  155         (1)Implement, administer, and evaluate all domestic
  156  violence services provided by the certified domestic violence
  157  centers.
  158         (2)Receive and approve or reject applications for funding
  159  of certified domestic violence centers. When approving funding
  160  for a newly certified domestic violence center, the coalition
  161  shall make every effort to minimize any adverse economic impact
  162  on existing certified domestic violence centers or services
  163  provided within the same service area. In order to minimize
  164  duplication of services, the coalition shall make every effort
  165  to encourage subcontracting relationships with existing
  166  certified domestic violence centers within the same service
  167  area. In distributing funds allocated by the Legislature for
  168  certified domestic violence centers, the coalition shall use a
  169  formula approved by the department as specified in s.
  170  39.905(7)(a).
  171         (3)Evaluate certified domestic violence centers in order
  172  to determine compliance with minimum certification standards.
  173         (4)Have the right to enter and inspect the premises of
  174  certified domestic violence centers for monitoring purposes.
  175         Section 4. Section 39.904, Florida Statutes, is amended to
  176  read:
  177         39.904 Report to the Legislature on the status of domestic
  178  violence cases.—On or before January 1 of each year, the
  179  coalition department shall furnish to the President of the
  180  Senate and the Speaker of the House of Representatives a report
  181  on the status of domestic violence in this state, which must
  182  report shall include, but need is not be limited to, the
  183  following:
  184         (1) The incidence of domestic violence in this state.
  185         (2) An identification of the areas of the state where
  186  domestic violence is of significant proportions, indicating the
  187  number of cases of domestic violence officially reported, as
  188  well as an assessment of the degree of unreported cases of
  189  domestic violence.
  190         (3) An identification and description of the types of
  191  programs in the state which that assist victims of domestic
  192  violence or persons who commit domestic violence, including
  193  information on funding for the programs.
  194         (4) The number of persons who receive services from are
  195  treated by or assisted by local certified domestic violence
  196  programs that receive funding through the coalition department.
  197         (5) The incidence of domestic violence homicides in the
  198  state, including information and data collected from state and
  199  local domestic violence fatality review teams. A statement on
  200  the effectiveness of such programs in preventing future domestic
  201  violence.
  202         (6) An inventory and evaluation of existing prevention
  203  programs.
  204         (7) A listing of potential prevention efforts identified by
  205  the department; the estimated annual cost of providing such
  206  prevention services, both for a single client and for the
  207  anticipated target population as a whole; an identification of
  208  potential sources of funding; and the projected benefits of
  209  providing such services.
  210         Section 5. Paragraphs (c), (g), and (i) of subsection (1),
  211  subsections (2), (3), and (5), paragraph (a) of subsection (6),
  212  and paragraph (b) of subsection (7) of section 39.905, Florida
  213  Statutes, are amended, and subsection (8) is added to that
  214  section, to read:
  215         39.905 Domestic violence centers.—
  216         (1) Domestic violence centers certified under this part
  217  must:
  218         (c) Provide minimum services that which include, but are
  219  not limited to, information and referral services, counseling
  220  and case management services, temporary emergency shelter for
  221  more than 24 hours, a 24-hour hotline, training for law
  222  enforcement personnel, assessment and appropriate referral of
  223  resident children, and educational services for community
  224  awareness relative to the incidence of domestic violence, the
  225  prevention of such violence, and the services available care,
  226  treatment, and rehabilitation for persons engaged in or subject
  227  to domestic violence. If a 24-hour hotline, professional
  228  training, or community education is already provided by a
  229  certified domestic violence center within its designated service
  230  area a district, the department may exempt such certification
  231  requirements for a new center serving the same service area
  232  district in order to avoid duplication of services.
  233         (g) File with the coalition department a list of the names
  234  of the domestic violence advocates who are employed or who
  235  volunteer at the domestic violence center who may claim a
  236  privilege under s. 90.5036 to refuse to disclose a confidential
  237  communication between a victim of domestic violence and the
  238  advocate regarding the domestic violence inflicted upon the
  239  victim. The list must include the title of the position held by
  240  the advocate whose name is listed and a description of the
  241  duties of that position. A domestic violence center must file
  242  amendments to this list as necessary.
  243         (i) If its center is a new center applying for
  244  certification, demonstrate that the services provided address a
  245  need identified in the most current statewide needs assessment
  246  approved by the department. If the center applying for initial
  247  certification proposes providing services in an area that has an
  248  existing certified domestic violence center, the center applying
  249  for initial certification must demonstrate the unmet need in
  250  that service area and describe its efforts to avoid duplication
  251  of services.
  252         (2) If the department finds that there is failure by a
  253  center to comply with the requirements established under this
  254  part or with the rules adopted pursuant thereto, the department
  255  may deny, suspend, or revoke the certification of the center.
  256  The grant, denial, suspension, or revocation of certification
  257  does not constitute agency action under chapter 120.
  258         (3) The annual certificate shall automatically expires
  259  expire on June 30 of each state fiscal year unless the
  260  certification is temporarily extended to allow the center to
  261  implement a corrective action plan the termination date shown on
  262  the certificate.
  263         (5) Domestic violence centers may be established throughout
  264  the state when private, local, state, or federal funds are
  265  available and a need is demonstrated.
  266         (6) In order to receive state funds, a center must:
  267         (a) Obtain certification pursuant to this part. However,
  268  the issuance of a certificate does will not obligate the
  269  coalition department to provide funding.
  270         (7)
  271         (b) A contract between the coalition statewide association
  272  and a certified domestic violence center shall contain
  273  provisions ensuring assuring the availability and geographic
  274  accessibility of services throughout the service area district.
  275  For this purpose, a center may distribute funds through
  276  subcontracts or to center satellites, if provided such
  277  arrangements and any subcontracts are approved by the coalition
  278  statewide association.
  279         (8) If any of the required services are exempted from
  280  certification by the department under this section, the center
  281  may not receive funding from the coalition for those services.
  282         Section 6. Subsection (18) of section 381.006, Florida
  283  Statutes, is amended to read:
  284         381.006 Environmental health.—The department shall conduct
  285  an environmental health program as part of fulfilling the
  286  state’s public health mission. The purpose of this program is to
  287  detect and prevent disease caused by natural and manmade factors
  288  in the environment. The environmental health program shall
  289  include, but not be limited to:
  290         (18) A food service inspection function for domestic
  291  violence centers that are certified by department and monitored
  292  by the coalition Department of Children and Family Services
  293  under part XII of chapter 39 and group care homes as described
  294  in subsection (16), which shall be conducted annually and be
  295  limited to the requirements in department rule applicable to
  296  community-based residential facilities with five or fewer
  297  residents.
  298  
  299  The department may adopt rules to carry out the provisions of
  300  this section.
  301         Section 7. Paragraph (b) of subsection (1) of section
  302  381.0072, Florida Statutes, is amended to read:
  303         381.0072 Food service protection.—It shall be the duty of
  304  the Department of Health to adopt and enforce sanitation rules
  305  consistent with law to ensure the protection of the public from
  306  food-borne illness. These rules shall provide the standards and
  307  requirements for the storage, preparation, serving, or display
  308  of food in food service establishments as defined in this
  309  section and which are not permitted or licensed under chapter
  310  500 or chapter 509.
  311         (1) DEFINITIONS.—As used in this section, the term:
  312         (b) “Food service establishment” means detention
  313  facilities, public or private schools, migrant labor camps,
  314  assisted living facilities, adult family-care homes, adult day
  315  care centers, short-term residential treatment centers,
  316  residential treatment facilities, homes for special services,
  317  transitional living facilities, crisis stabilization units,
  318  hospices, prescribed pediatric extended care centers,
  319  intermediate care facilities for persons with developmental
  320  disabilities, boarding schools, civic or fraternal
  321  organizations, bars and lounges, vending machines that dispense
  322  potentially hazardous foods at facilities expressly named in
  323  this paragraph, and facilities used as temporary food events or
  324  mobile food units at any facility expressly named in this
  325  paragraph, where food is prepared and intended for individual
  326  portion service, including the site at which individual portions
  327  are provided, regardless of whether consumption is on or off the
  328  premises and regardless of whether there is a charge for the
  329  food. The term does not include any entity not expressly named
  330  in this paragraph; nor does the term include a domestic violence
  331  center certified by the department and monitored by the
  332  coalition Department of Children and Family Services under part
  333  XII of chapter 39 if the center does not prepare and serve food
  334  to its residents and does not advertise food or drink for public
  335  consumption.
  336         Section 8. Section 741.281, Florida Statutes, is amended to
  337  read:
  338         741.281 Court to order batterers’ intervention program
  339  attendance.—If a person is found guilty of, has had adjudication
  340  withheld on, or pleads has pled nolo contendere to a crime of
  341  domestic violence, as defined in s. 741.28, that person shall be
  342  ordered by the court to a minimum term of 1 year’s probation and
  343  the court shall order that the defendant attend a batterers’
  344  intervention program as a condition of probation. The court must
  345  impose the condition of the batterers’ intervention program for
  346  a defendant under this section, but the court, in its
  347  discretion, may determine not to impose the condition if it
  348  states on the record why a batterers’ intervention program might
  349  be inappropriate. The court must impose the condition of the
  350  batterers’ intervention program for a defendant placed on
  351  probation unless the court determines that the person does not
  352  qualify for the batterers’ intervention program pursuant to s.
  353  741.325. Effective July 1, 2002, the batterers’ intervention
  354  program must be a certified program under s. 741.32. The
  355  imposition of probation under this section does shall not
  356  preclude the court from imposing any sentence of imprisonment
  357  authorized by s. 775.082.
  358         Section 9. Paragraph (g) of subsection (2) of section
  359  741.2902, Florida Statutes, is amended to read:
  360         741.2902 Domestic violence; legislative intent with respect
  361  to judiciary’s role.—
  362         (2) It is the intent of the Legislature, with respect to
  363  injunctions for protection against domestic violence, issued
  364  pursuant to s. 741.30, that the court shall:
  365         (g) Consider requiring the perpetrator to complete a
  366  batterers’ intervention program. It is preferred that such
  367  program meet the requirements specified in s. 741.325 be
  368  certified under s. 741.32.
  369         Section 10. Paragraphs (a) and (e) of subsection (6) of
  370  section 741.30, Florida Statutes, are amended to read:
  371         741.30 Domestic violence; injunction; powers and duties of
  372  court and clerk; petition; notice and hearing; temporary
  373  injunction; issuance of injunction; statewide verification
  374  system; enforcement.—
  375         (6)(a) Upon notice and hearing, when it appears to the
  376  court that the petitioner is either the victim of domestic
  377  violence as defined by s. 741.28 or has reasonable cause to
  378  believe he or she is in imminent danger of becoming a victim of
  379  domestic violence, the court may grant such relief as the court
  380  deems proper, including an injunction:
  381         1. Restraining the respondent from committing any acts of
  382  domestic violence.
  383         2. Awarding to the petitioner the exclusive use and
  384  possession of the dwelling that the parties share or excluding
  385  the respondent from the residence of the petitioner.
  386         3. On the same basis as provided in chapter 61, providing
  387  the petitioner with 100 percent of the time-sharing in a
  388  temporary parenting plan that remains shall remain in effect
  389  until the order expires or an order is entered by a court of
  390  competent jurisdiction in a pending or subsequent civil action
  391  or proceeding affecting the placement of, access to, parental
  392  time with, adoption of, or parental rights and responsibilities
  393  for the minor child.
  394         4. On the same basis as provided in chapter 61,
  395  establishing temporary support for a minor child or children or
  396  the petitioner. An order of temporary support remains in effect
  397  until the order expires or an order is entered by a court of
  398  competent jurisdiction in a pending or subsequent civil action
  399  or proceeding affecting child support.
  400         5. Ordering the respondent to participate in treatment,
  401  intervention, or counseling services to be paid for by the
  402  respondent. When the court orders the respondent to participate
  403  in a batterers’ intervention program, the court, or any entity
  404  designated by the court, must provide the respondent with a list
  405  of all certified batterers’ intervention programs and all
  406  programs which have submitted an application to the Department
  407  of Children and Family Services to become certified under s.
  408  741.32, from which the respondent must choose a program in which
  409  to participate. If there are no certified batterers’
  410  intervention programs in the circuit, the court shall provide a
  411  list of acceptable programs from which the respondent must
  412  choose a program in which to participate.
  413         6. Referring a petitioner to a certified domestic violence
  414  center. The court must provide the petitioner with a list of
  415  certified domestic violence centers in the circuit which the
  416  petitioner may contact.
  417         7. Ordering such other relief as the court deems necessary
  418  for the protection of a victim of domestic violence, including
  419  injunctions or directives to law enforcement agencies, as
  420  provided in this section.
  421         (e) An injunction for protection against domestic violence
  422  entered pursuant to this section, on its face, may order that
  423  the respondent attend a batterers’ intervention program as a
  424  condition of the injunction. Unless the court makes written
  425  factual findings in its judgment or order which are based on
  426  substantial evidence, stating why batterers’ intervention
  427  programs would be inappropriate, the court shall order the
  428  respondent to attend a batterers’ intervention program if:
  429         1. It finds that the respondent willfully violated the ex
  430  parte injunction;
  431         2. The respondent, in this state or any other state, has
  432  been convicted of, had adjudication withheld on, or pled nolo
  433  contendere to a crime involving violence or a threat of
  434  violence; or
  435         3. The respondent, in this state or any other state, has
  436  had at any time a prior injunction for protection entered
  437  against the respondent after a hearing with notice.
  438  
  439  It is mandatory that such programs be certified under s. 741.32.
  440         Section 11. Subsection (5) of section 741.316, Florida
  441  Statutes, is amended to read:
  442         741.316 Domestic violence fatality review teams;
  443  definition; membership; duties.—
  444         (5) The domestic violence fatality review teams are
  445  assigned to the Florida Coalition Against Domestic Violence
  446  Department of Children and Family Services for administrative
  447  purposes.
  448         Section 12. Section 741.32, Florida Statutes, is amended to
  449  read:
  450         741.32 Certification of Batterers’ intervention programs.—
  451         (1) The Legislature finds that the incidence of domestic
  452  violence in this state Florida is disturbingly high, and that,
  453  despite the efforts of many to curb this violence, that one
  454  person dies at the hands of a spouse, ex-spouse, or cohabitant
  455  approximately every 3 days. Further, a child who witnesses the
  456  perpetration of this violence becomes a victim as he or she
  457  hears or sees it occurring. This child is at high risk of also
  458  being the victim of physical abuse by the parent who is
  459  perpetrating the violence and, to a lesser extent, by the parent
  460  who is the victim. These children are also at a high risk of
  461  perpetrating violent crimes as juveniles and, later, becoming
  462  perpetrators of the same violence that they witnessed as
  463  children. The Legislature finds that there should be
  464  standardized programming available to the justice system to
  465  protect victims and their children and to hold the perpetrators
  466  of domestic violence accountable for their acts. Finally, the
  467  Legislature recognizes that in order for batterers’ intervention
  468  programs to be successful in protecting victims and their
  469  children, all participants in the justice system as well as
  470  social service agencies and local and state governments must
  471  coordinate their efforts at the community level.
  472         (2) There is hereby established in the Department of
  473  Children and Family Services an Office for Certification and
  474  Monitoring of Batterers’ Intervention Programs. The department
  475  may certify and monitor both programs and personnel providing
  476  direct services to those persons who are adjudged to have
  477  committed an act of domestic violence as defined in s. 741.28,
  478  those against whom an injunction for protection against domestic
  479  violence is entered, those referred by the department, and those
  480  who volunteer to attend such programs. The purpose of
  481  certification of programs is to uniformly and systematically
  482  standardize programs to hold those who perpetrate acts of
  483  domestic violence responsible for those acts and to ensure
  484  safety for victims of domestic violence. The certification and
  485  monitoring shall be funded by user fees as provided in s.
  486  741.327.
  487         Section 13. Section 741.325, Florida Statutes, is amended
  488  to read:
  489         741.325 Requirements for batterers’ intervention programs
  490  Guideline authority.—
  491         (1) A batterers’ intervention program must meet the
  492  following requirements The Department of Children and Family
  493  Services shall promulgate guidelines to govern purpose,
  494  policies, standards of care, appropriate intervention
  495  approaches, inappropriate intervention approaches during the
  496  batterers’ program intervention phase (to include couples
  497  counseling and mediation), conflicts of interest, assessment,
  498  program content and specifics, qualifications of providers, and
  499  credentials for facilitators, supervisors, and trainees. The
  500  department shall, in addition, establish specific procedures
  501  governing all aspects of program operation, including
  502  administration, personnel, fiscal matters, victim and batterer
  503  records, education, evaluation, referral to treatment and other
  504  matters as needed. In addition, the rules shall establish:
  505         (a)(1)That The primary purpose of the program programs
  506  shall be victim safety and the safety of the children, if
  507  present.
  508         (b)(2)That The batterer shall be held accountable for acts
  509  of domestic violence.
  510         (c)(3)That The program programs shall be at least 29 weeks
  511  in length and shall include 24 weekly sessions, plus appropriate
  512  intake, assessment, and orientation programming.
  513         (d)(4)That The program content shall be based on be a
  514  psychoeducational model that addresses employs a program content
  515  based on tactics of power and control by one person over
  516  another.
  517         (5) That the programs and those who are facilitators,
  518  supervisors, and trainees be certified to provide these programs
  519  through initial certification and that the programs and
  520  personnel be annually monitored to ensure that they are meeting
  521  specified standards.
  522         (e)(6)The intent that The program shall programs be user
  523  fee funded by user with fees paid by from the batterers who
  524  attend the program, which allows them to take as payment for
  525  programs is important to the batterer taking responsibility for
  526  their acts the act of violence, and from those seeking
  527  certification. An exception shall be made for those local,
  528  state, or federal programs that fund batterers’ intervention
  529  programs in whole or in part.
  530         (7) Standards for rejection and suspension for failure to
  531  meet certification standards.
  532         (2)(8)The requirements of this section That these
  533  standards shall apply only to programs that address the
  534  perpetration of violence between intimate partners, spouses, ex
  535  spouses, or those who share a child in common or who are
  536  cohabitants in intimate relationships for the purpose of
  537  exercising power and control by one over the other. It will
  538  endanger victims if courts and other referral agencies refer
  539  family and household members who are not perpetrators of the
  540  type of domestic violence encompassed by these requirements
  541  standards. Accordingly, the court and others who make referrals
  542  should refer perpetrators only to programming that appropriately
  543  addresses the violence committed.
  544         Section 14. Section 741.327, Florida Statutes, is repealed.
  545         Section 15. Section 948.038, Florida Statutes, is amended
  546  to read:
  547         948.038 Batterers’ intervention program as a condition of
  548  probation, community control, or other court-ordered community
  549  supervision.—As a condition of probation, community control, or
  550  any other court-ordered community supervision, the court shall
  551  order a person convicted of an offense of domestic violence, as
  552  defined in s. 741.28, to attend and successfully complete a
  553  batterers’ intervention program unless the court determines that
  554  the person does not qualify for the batterers’ intervention
  555  program pursuant to s. 741.325. The batterers’ intervention
  556  program must be a program certified under s. 741.32, and the
  557  offender must pay the cost of attending the program.
  558         Section 16. Paragraph (a) of subsection (1) of section
  559  938.01, Florida Statutes, is amended to read:
  560         938.01 Additional Court Cost Clearing Trust Fund.—
  561         (1) All courts created by Art. V of the State Constitution
  562  shall, in addition to any fine or other penalty, require every
  563  person convicted for violation of a state penal or criminal
  564  statute or convicted for violation of a municipal or county
  565  ordinance to pay $3 as a court cost. Any person whose
  566  adjudication is withheld pursuant to the provisions of s.
  567  318.14(9) or (10) shall also be liable for payment of such cost.
  568  In addition, $3 from every bond estreature or forfeited bail
  569  bond related to such penal statutes or penal ordinances shall be
  570  remitted to the Department of Revenue as described in this
  571  subsection. However, no such assessment may be made against any
  572  person convicted for violation of any state statute, municipal
  573  ordinance, or county ordinance relating to the parking of
  574  vehicles.
  575         (a) All costs collected by the courts pursuant to this
  576  subsection shall be remitted to the Department of Revenue in
  577  accordance with administrative rules adopted by the executive
  578  director of the Department of Revenue for deposit in the
  579  Additional Court Cost Clearing Trust Fund. These funds and the
  580  funds deposited in the Additional Court Cost Clearing Trust Fund
  581  pursuant to s. 318.21(2)(c) shall be distributed as follows:
  582         1. Ninety-two percent to the Department of Law Enforcement
  583  Criminal Justice Standards and Training Trust Fund.
  584         2. Six and three-tenths percent to the Department of Law
  585  Enforcement Operating Trust Fund for the Criminal Justice Grant
  586  Program.
  587         3. One and seven-tenths percent to the Department of
  588  Children and Family Services Domestic Violence Trust Fund for
  589  the domestic violence program pursuant to s. 39.903(1)(3).
  590         Section 17. This act shall take effect July 1, 2012.