Senate Bill sb0716e1

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    SB 716                                   First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to domestic violence; amending

  3         s. 39.903, F.S.; requiring the Department of

  4         Children and Family Services to operate the

  5         domestic violence program; specifying program

  6         purposes; repealing s. 741.466, F.S., relating

  7         to the "Prevention of Domestic and Sexual

  8         Violence Program"; amending s. 938.01, F.S.;

  9         specifying the amount of funds available for

10         use by the Department of Children and Family

11         Services and the Department of Law Enforcement;

12         repealing s. 4(2) of ch. 2001-184, Laws of

13         Florida, and s. 7(2) of ch. 2001-232, Laws of

14         Florida, relating to funding for the Prevention

15         of Domestic and Sexual Violence Program;

16         providing an effective date.

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18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  Section 39.903, Florida Statutes, is

21  amended to read:

22         39.903  Duties and functions of the department with

23  respect to domestic violence.--

24         (1)  The department shall:

25         (a)  Develop by rule criteria for the approval or

26  rejection of certification or funding of domestic violence

27  centers.

28         (b)  Develop by rule minimum standards for domestic

29  violence centers to ensure the health and safety of the

30  clients in the centers.

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    SB 716                                   First Engrossed (ntc)



  1         (c)  Receive and approve or reject applications for

  2  certification of domestic violence centers, and receive and

  3  approve or reject applications for funding of domestic

  4  violence centers. When approving funding for a newly certified

  5  domestic violence center, the department shall make every

  6  effort to minimize any adverse economic impact on existing

  7  certified centers or services provided within the same

  8  district.  In order to minimize duplication of services, the

  9  department shall make every effort to encourage subcontracting

10  relationships with existing centers within the district.  If

11  any of the required services are exempted by the department

12  under s. 39.905(1)(c), the center shall not receive funding

13  for those services.

14         (d)  Evaluate each certified domestic violence center

15  annually to ensure compliance with the minimum standards. The

16  department has the right to enter and inspect the premises of

17  certified domestic violence centers at any reasonable hour in

18  order to effectively evaluate the state of compliance of these

19  centers with this part and rules relating to this part.

20         (e)  Adopt rules to implement this part.

21         (f)  Promote the involvement of certified domestic

22  violence centers in the coordination, development, and

23  planning of domestic violence programming in the districts and

24  the state.

25         (2)  The department shall serve as a clearinghouse for

26  information relating to domestic violence.

27         (3)  The department shall operate the domestic violence

28  program, which provides supervision, direction, coordination,

29  and administration of statewide activities related to the

30  prevention of domestic violence.

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    SB 716                                   First Engrossed (ntc)



  1         (4)(3)  The department shall enlist the assistance of

  2  public and voluntary health, education, welfare, and

  3  rehabilitation agencies in a concerted effort to prevent

  4  domestic violence and to treat persons engaged in or subject

  5  to domestic violence. With the assistance of these agencies,

  6  the department, within existing resources, shall formulate and

  7  conduct a research and evaluation program on domestic

  8  violence. Efforts on the part of these agencies to obtain

  9  relevant grants to fund this research and evaluation program

10  must be supported by the department.

11         (5)(4)  The department shall develop and provide

12  educational programs on domestic violence for the benefit of

13  the general public, persons engaged in or subject to domestic

14  violence, professional persons, or others who care for or may

15  be engaged in the care and treatment of persons engaged in or

16  subject to domestic violence.

17         (6)(5)  The department shall cooperate with, assist in,

18  and participate in, programs of other properly qualified

19  agencies, including any agency of the Federal Government,

20  schools of medicine, hospitals, and clinics, in planning and

21  conducting research on the prevention, care, treatment, and

22  rehabilitation of persons engaged in or subject to domestic

23  violence.

24         (7)(6)  The department shall contract with a statewide

25  association whose primary purpose is to represent and provide

26  technical assistance to domestic violence centers. This

27  association shall receive 2 percent of the Domestic Violence

28  Trust Fund for this purpose.

29         Section 2.  Section 741.466, Florida Statutes, is

30  repealed.

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    SB 716                                   First Engrossed (ntc)



  1         Section 3.  Subsection (1) of section 938.01, Florida

  2  Statutes, as amended by section 29 of chapter 2001-254, Laws

  3  of Florida, section 19 of chapter 2001-122, Laws of Florida,

  4  section 1 of chapter 2001-184, Laws of Florida, section 3 of

  5  chapter 2001-232, Laws of Florida, and section 30 of chapter

  6  2001-254, Laws of Florida, is amended to read:

  7         938.01  Additional Court Cost Clearing Trust Fund.--

  8         (Substantial rewording of subsection. See

  9         s. 938.01(1), F.S., for present text.)

10         (1)  All courts created by Art. V of the State

11  Constitution shall, in addition to any fine or other penalty,

12  assess $3 as a court cost against every person convicted for

13  violation of a state penal or criminal statute or convicted

14  for violation of a municipal or county ordinance. Any person

15  whose adjudication is withheld pursuant to the provisions of

16  s. 318.14(9) or (10) shall also be assessed such cost. In

17  addition, $3 from every bond estreature or forfeited bail bond

18  related to such penal statutes or penal ordinances shall be

19  remitted to the Department of Revenue as described in this

20  subsection. However, no such assessment may be made against

21  any person convicted for violation of any state statute,

22  municipal ordinance, or county ordinance relating to the

23  parking of vehicles.

24         (a)  All costs collected by the courts pursuant to

25  subsection (1) shall be remitted to the Department of Revenue

26  in accordance with administrative rules adopted by the

27  executive director of the Department of Revenue for deposit in

28  the Additional Court Cost Clearing Trust Fund. These funds and

29  the funds deposited in the Additional Court Cost Clearing

30  Trust Fund pursuant to s. 318.21(2)(c) shall be distributed as

31  follows:


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    SB 716                                   First Engrossed (ntc)



  1         1.  Ninety-two percent to the Department of Law

  2  Enforcement Criminal Justice Standards and Training Trust

  3  Fund.

  4         2.  Six and three-tenths percent to the Department of

  5  Law Enforcement Operating Trust Fund for the Criminal Justice

  6  Grant Program.

  7         3.  One and seven-tenths percent to the Department of

  8  Children and Family Services Domestic Violence Trust Fund for

  9  the domestic violence program pursuant to s. 39.903(3).

10         (b)  The funds deposited in the Department of Law

11  Enforcement Criminal Justice Standards and Training Trust

12  Fund, the Department of Law Enforcement Operating Trust Fund,

13  and the Department of Children and Family Services Domestic

14  Violence Trust Fund may be invested. Any interest earned from

15  investing such funds and any unencumbered funds remaining at

16  the end of the budget cycle shall remain in the respective

17  trust fund.

18         (c)  All funds in the Department of Law Enforcement

19  Criminal Justice Standards and Training Trust Fund shall be

20  disbursed only in compliance with s. 943.25(9).

21         Section 4.  Subsection (2) of section 4 of chapter

22  2001-184, Laws of Florida, and subsection (2) of section 7 of

23  chapter 2001-232, Laws of Florida, are repealed.

24         Section 5.  This act shall take effect July 1, 2002.

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