HB 1323 2003
1	A bill to be entitled
2	An act relating to advocacy councils; amending ss. 39.202,
3	163.62, and 394.4615, F.S.; providing advocacy councils
4	access to certain records; amending s. 215.5601, F.S.;
5	revising the membership of the Lawton Chiles Endowment
6	Fund Advisory Council; amending s. 395.3025, F.S.;
7	providing advocacy councils access to certain records;
8	deleting requirement that a patient or a patient
9	representative be given opportunity to object to the
10	provision of such records; amending s. 400.118, F.S.;
11	providing that representatives of advocacy councils,
12	rather than of long-term care ombudsman councils, shall
13	participate in quality-of-care assessment visits at
14	nursing homes; amending s. 400.408, F.S.; revising the
15	membership of local coordinating workgroups relating to
16	unlicensed assisted living facilities; amending s.
17	402.164, F.S.; revising legislative intent and definitions
18	relating to the Florida Statewide Advocacy Council and
19	Florida local advocacy councils; expanding the definition
20	of “client”; including federal health and human services
21	in the definition of “client services”; amending s.
22	402.165, F.S.; transferring the Florida Statewide Advocacy
23	Council from the Department of Children and Family
24	Services to the Justice Administrative Commission by a
25	type two transfer; providing that the council is an
26	independent state agency; increasing the membership of the
27	council; increasing the terms of members of the council;
28	authorizing the council to create a foundation for certain
29	purposes; prohibiting changes in the council’s annual
30	budget requests by the Justice Administrative Commission;
31	providing additional responsibilities and titles for the
32	chair and vice chair of the council and increasing their
33	terms; providing that the council shall be provided access
34	to certain confidential records without the requirement of
35	court approval; providing a definition; providing a fine
36	for persons refusing to provide such access; requiring
37	state agencies to provide notice to the council regarding
38	certain programs; providing for interprogram agreements
39	regarding certain investigatory matters; amending s.
40	402.166, F.S.; revising various provisions relating to
41	local advocacy councils; increasing the number of local
42	advocacy councils which may be established; deleting a
43	prohibition on relatives serving simultaneously on a local
44	council; increasing the terms of members on such councils;
45	providing local councils with access to certain records;
46	deleting the requirement that local councils review client
47	service programs; amending s. 402.167, F.S.; requiring
48	state agencies to adopt rules which provide access to
49	their records and additional case referrals to advocacy
50	councils; requiring the Department of Management Services
51	to provide office locations to local councils in each
52	judicial circuit; revising provisions relating to
53	locations where a council’s offices are collocated with
54	those of a state agency; requiring agency secretaries and
55	directors to provide certain information to contractors
56	and to make certain amendments in state plans filed with
57	federal agencies; providing legislative intent that
58	advocacy councils be provided access to all protected
59	health information of clients receiving health and human
60	services; amending s. 402.70, F.S.; requiring certain
61	interagency agreements; amending s. 415.1034, F.S.;
62	deleting the requirement that certain persons make
63	suspected abuse reports to the central abuse hotline;
64	amending s. 415.104, F.S.; requiring the Department of
65	Children and Family Services to provide certain copies of
66	abuse reports to advocacy councils; amending s. 415.1055,
67	F.S.; requiring the Department of Children and Family
68	Services to provide copies of certain investigative
69	reports; amending s. 415.107, F.S.; clarifying that access
70	to certain records of the Department of Children and
71	Family Services is available to the statewide and local
72	advocacy councils; amending s. 775.0823, F.S.; providing
73	criminal penalties for a violent offense against any
74	official or employee of the executive branch when engaged
75	in certain activities; amending s. 784.07, F.S.;
76	increasing classification and requiring minimum terms of
77	incarceration for the crime of assault or battery if the
78	victim is a child protection services investigator or a
79	member, employee, or agent of an advocacy council;
80	providing an effective date.
81
82	Be It Enacted by the Legislature of the State of Florida:
83
84	Section 1. Paragraphs (a), (c), and (k) of subsection (2)
85	and subsections (4) and (5) of section 39.202, Florida Statutes,
86	are amended to read:
87	39.202 Confidentiality of reports and records in cases of
88	child abuse or neglect.--
89	(2) Access to such records, excluding the name of the
90	reporter which shall be released only as provided in subsection
91	(4), shall be granted only to the following persons, officials,
92	and agencies:
93	(a) Employees, authorized agents, or contract providers of
94	the department, the Department of Health, or county agencies
95	responsible for carrying out:
96	1. Child or adult protective investigations;
97	2. Ongoing child or adult protective services;
98	3. Healthy Start services; or
99	4. Licensure or approval of adoptive homes, foster homes,
100	or child care facilities, or family day care homes or informal
101	child care providers who receive subsidized child care funding,
102	or other homes used to provide for the care and welfare of
103	children.
104
105	Also, employees or agents of the Department of Juvenile Justice
106	responsible for the provision of services to children, pursuant
107	to chapters 984 and 985, and officials, employees, or agents of
108	the Florida Statewide Advocacy Council for program investigation
109	and monitoring activities including reconciliation of a
110	complaint pursuant to chapter 402.
111	(c) The state attorney of the judicial circuit in which
112	the child resides or in which the alleged abuse or neglect
113	occurred and the Florida local advocacy council for the service
114	area in which the alleged abuse or neglect occurred.
115	(k) Any appropriate official of thea Florida Statewide
116	Advocacy Council investigating a report of known or suspected
117	child abuse, abandonment, or neglect; the Auditor General or the
118	Office of Program Policy Analysis and Government Accountability
119	for the purpose of conducting audits or examinations pursuant to
120	law; or the guardian ad litem for the child.
121	(4) The name of any person reporting child abuse,
122	abandonment, or neglect may not be released to any person other
123	than employees of the department responsible for child
124	protective services, the central abuse hotline, law enforcement,
125	the child protection team, the Florida Statewide Advocacy
126	Council, the appropriate Florida local advocacy council,or the
127	appropriate state attorney,without the written consent of the
128	person reporting. This does not prohibit the subpoenaing of a
129	person reporting child abuse, abandonment, or neglect when
130	deemed necessary by the court, the state attorney, orthe
131	department, the Florida Statewide Advocacy Council, or the
132	appropriate Florida local advocacy council,provided the fact
133	that such person made the report is not disclosed. Any person
134	who reports a case of child abuse or neglect may, at the time he
135	or she makes the report, request that the department notify him
136	or her that a child protective investigation occurred as a
137	result of the report. Any person specifically listed in s.
138	39.201(1) who makes a report in his or her official capacity may
139	also request a written summary of the outcome of the
140	investigation. The department shall mail such a notice to the
141	reporter within 10 days after completing the child protective
142	investigation.
143	(5) All records and reports of the child protection team
144	of the Department of Health are confidential and exempt from the
145	provisions of ss. 119.07(1) and 456.057, and shall not be
146	disclosed, except, upon request, to the state attorney, law
147	enforcement, the department, the Florida Statewide Advocacy
148	Council, the appropriate Florida local advocacy council,and
149	necessary professionals, in furtherance of the treatment or
150	additional evaluative needs of the child, by order of the court,
151	or to health plan payors, limited to that information used for
152	insurance reimbursement purposes.
153	Section 2. Section 163.62, Florida Statutes, is amended to
154	read:
155	163.62 Collaborative client information system;
156	establishment.--Notwithstanding any general or special law to
157	the contrary, the agencies of one or more local governments may
158	establish a collaborative client information system. State
159	agencies and private agencies may participate in the
160	collaborative information system. Data related to the following
161	areas may be included in the collaborative information system,
162	although the system is not limited to only these types of
163	information: criminal justice, juvenile justice, education,
164	employment training, health, and human services. The Florida
165	Statewide Advocacy Council and the Florida local advocacy
166	councils shall have access to all collaborative client
167	information upon request as provided in ss. 402.164-402.167.
168	Section 3. Paragraph (a) of subsection (6) of section
169	215.5601, Florida Statutes, is amended to read:
170	215.5601 Lawton Chiles Endowment Fund.--
171	(6) ADVISORY COUNCIL.--The Lawton Chiles Endowment Fund
172	Advisory Council is established for the purpose of reviewing the
173	funding priorities of the state agencies, evaluating their
174	requests against the mission and goals of the agencies and
175	legislative intent for the use of endowment funds, and allowing
176	for public input and advocacy.
177	(a) The advisory council shall consist of 15 members,
178	including:
179	1. The director of the United Way of Florida, Inc., or his
180	or her designee;
181	2. The director of the Foster Parents Association, or his
182	or her designee;
183	3. The chair of the Department of Elderly Affairs Advisory
184	Council, or his or her designee;
185	4. The president of the Florida Association of Area
186	Agencies on Aging, or his or her designee;
187	5. The Advocate General of the Florida Statewide Advocacy
188	CouncilState Long-Term Care Ombudsman, or his or her designee;
189	6. The state director of the Florida AARP, or his or her
190	designee;
191	7. The director of the Florida Pediatric Society, or his
192	or her designee;
193	8. A representative of the Guardian Ad Litem Program,
194	appointed by the Advocate General of the Florida Statewide
195	Advocacy CouncilGovernor;
196	9. A representative of a child welfare lead agency for
197	community-based care, appointed by the Governor;
198	10. A representative of an elder care lead agency for
199	community-based care, appointed by the Governor;
200	11. A representative of a statewide child advocacy
201	organization, appointed by the Governor and the Advocate General
202	of the Florida Statewide Advocacy Council;
203	12. One consumer caregiver for children, appointed by the
204	Governor;
205	13. One person over the age of 60 years to represent the
206	interests of elders, appointed by the Governor;
207	14. One person under the age of 18 years to represent the
208	interests of children, appointed by the Governor; and
209	15. One consumer caregiver for a functionally impaired
210	elderly person, appointed by the Governor.
211	Section 4. Subsections (5) and (6) of section 394.4615,
212	Florida Statutes, are amended to read:
213	394.4615 Clinical records; confidentiality.--
214	(5) Information from clinical records may be used by the
215	Agency for Health Care Administration, the department, and the
216	Florida Statewide Advocacy Council or the appropriate Florida
217	local advocacy councilcouncilsfor the purpose of monitoring
218	facility activity and investigatingcomplaints concerning
219	facilities. Clinical records may be copied at the expense of the
220	facility upon demand of an official, employee, or agent of the
221	Florida Statewide Advocacy Council or the appropriate Florida
222	local advocacy council in accordance with the provisions of s.
223	402.165 or s. 402.166.
224	(6) Clinical records relating to a Medicaid recipient
225	shall be furnished to the Medicaid Fraud Control Unit in the
226	Department of Legal Affairs and the Florida Statewide Advocacy
227	Council or the appropriate Florida local advocacy council, upon
228	request.
229	Section 5. Paragraph (h) of subsection (4) of section
230	395.3025, Florida Statutes, is amended to read:
231	395.3025 Patient and personnel records; copies;
232	examination.--
233	(4) Patient records are confidential and must not be
234	disclosed without the consent of the person to whom they
235	pertain, but appropriate disclosure may be made without such
236	consent to:
237	(h) The Statewide AdvocacyState Long-Term Care Ombudsman
238	Council and the local advocacylong-term care ombudsman
239	councils, with respect to the records of a patient who has been
240	admitted from a nursing home or long-term care facility, when
241	the councils are conducting an investigation involving the
242	patient as authorized under part II of chapter 400, upon
243	presentation of identification as a council member by the person
244	making the request. Disclosure under this paragraph shall only
245	be made after a competent patient or the patient's
246	representative has been advised that disclosure may be made and
247	the patient has not objected.
248	Section 6. Paragraph (a) of subsection (2) of section
249	400.118, Florida Statutes, is amended to read:
250	400.118 Quality assurance; early warning system;
251	monitoring; rapid response teams.--
252	(2)(a) The agency shall establish within each district
253	office one or more quality-of-care monitors, based on the number
254	of nursing facilities in the district, to monitor all nursing
255	facilities in the district on a regular, unannounced, aperiodic
256	basis, including nights, evenings, weekends, and holidays.
257	Quality-of-care monitors shall visit each nursing facility at
258	least quarterly. Priority for additional monitoring visits shall
259	be given to nursing facilities with a history of resident care
260	deficiencies. Quality-of-care monitors shall be registered
261	nurses who are trained and experienced in nursing facility
262	regulation, standards of practice in long-term care, and
263	evaluation of patient care. Individuals in these positions shall
264	not be deployed by the agency as a part of the district survey
265	team in the conduct of routine, scheduled surveys, but shall
266	function solely and independently as quality-of-care monitors.
267	Quality-of-care monitors shall assess the overall quality of
268	life in the nursing facility and shall assess specific
269	conditions in the facility directly related to resident care,
270	including the operations of internal quality improvement and
271	risk management programs and adverse incident reports. The
272	quality-of-care monitor shall include in an assessment visit
273	observation of the care and services rendered to residents and
274	formal and informal interviews with residents, family members,
275	facility staff, resident guests, volunteers, other regulatory
276	staff, and representatives of thea long-term care ombudsman
277	council or Florida Statewide Advocacy Council or the appropriate
278	Florida localadvocacy council.
279	Section 7. Paragraph (i) of subsection (1) of section
280	400.408, Florida Statutes, is amended to read:
281	400.408 Unlicensed facilities; referral of person for
282	residency to unlicensed facility; penalties; verification of
283	licensure status.--
284	(1)
285	(i) Each field office of the Agency for Health Care
286	Administration shall establish a local coordinating workgroup
287	which includes representatives of local law enforcement
288	agencies, state attorneys, local fire authorities, the
289	Department of Children and Family Services, the district long-
290	term care ombudsman council, and the localdistrict human rights
291	advocacy committee to assist in identifying the operation of
292	unlicensed facilities and to develop and implement a plan to
293	ensure effective enforcement of state laws relating to such
294	facilities. The workgroup shall report its findings, actions,
295	and recommendations semiannually to the Director of Health
296	Facility Regulation of the agency.
297	Section 8. Section 402.164, Florida Statutes, is amended
298	to read:
299	402.164 Legislative intent; definitions.--
300	(1)(a) It is the intent of the Legislature to use citizen
301	volunteers as members of the Florida Statewide Advocacy Council
302	and the Florida local advocacy councils, and to have the Florida
303	Statewide Advocacy Councilvolunteers operate a network of local
304	advocacycouncils that shall, without interference by an
305	executive agency, undertake to discover, monitor, investigate,
306	and determine the presence of conditions or individuals that
307	constitute a threat to the rights, health, safety, or welfare of
308	persons who receive services from state agencies.
309	(b) It is the further intent of the Legislature that the
310	monitoring and investigation shall safeguard the health, safety,
311	and welfare of consumers of services provided by these state
312	agencies. The Legislature finds that the government oversight
313	role of the members of the Florida Statewide Advocacy Council
314	and the Florida local advocacy councils is necessary to ensure
315	the protection and advocacy of all Floridians that receive both
316	state and federal health and human services from state agencies.
317	The Legislature further finds that through the performance of
318	the vital oversight duties and responsibilities by these citizen
319	volunteers, the Florida Health and Human Services Access Act
320	will be preserved.
321	(2) As used in ss. 402.164-402.167, the term:
322	(a) "Client" means any person who receives client services
323	as defined in s. 402.164(2)(b), including, but not limited to,a
324	client as defined in s. 393.063, s. 394.67, s. 397.311, or s.
325	400.960, a forensic client or client as defined in s. 916.106, a
326	child, minor, or youth as defined in s. 39.01, s. 61.401, s.
327	92.53, s. 390.01115, or s. 411.202,a child as defined in s.
328	827.01, a family as defined in s. 414.0252, a participant as
329	defined in s. 400.551, a resident as defined in s. 400.402, a
330	Medicaid recipient or recipient as defined in s. 409.901, a
331	child receiving childcare as defined in s. 402.302, a disabled
332	adult as defined in s. 410.032 or s. 410.603, or a victim as
333	defined in s. 39.01, s. 92.53,or s. 415.102, or s. 914.17as
334	each definition applies within its respective chapter. "Client"
335	also means an inmate as defined in s. 397.753, a child as
336	defined in s. 984.03, s. 985.03, or s. 985.418, an exceptional
337	student as defined in s. 1003.01(3)(a) or s. 1001.42(4)(l), a
338	recipient of school-based services in s. 1011.70, a newborn
339	infant as defined in s. 63.0423, or an unborn person as defined
340	in s. 731.303.
341	(b) "Client services" means health and humanservices
342	which are provided through any state or federal health and human
343	services programto a client by a state agency or a service
344	provider operated, funded, or contracted by the state.
345	Section 9. Section 402.165, Florida Statutes, is amended
346	to read:
347	402.165 Florida Statewide Advocacy Council; confidential
348	records and meetings.--
349	(1) The Statewide Human Rights Advocacy Committee within
350	the Department of Children and Family Services is redesignated
351	as the Florida Statewide Advocacy Council and shall be
352	administratively housed as an independent state agency within
353	the Justice Administrative Commission by a type two transfer to
354	the Department of Management Services. Members of the council
355	shall represent the interests of clients who are served by state
356	agencies that provide client services. The Justice
357	Administrative CommissionDepartment of Children and Family
358	Servicesshall provide administrative support and service to the
359	statewide council to the extent requested by the executive
360	director within available resources. The statewide council is
361	not subject to control, supervision, or direction by any state
362	agencythe Department of Children and Family Servicesin the
363	performance of its duties. The council shall consist of 2015
364	residents of this state, one from each service area designated
365	by the statewide council, who broadly represent the interests of
366	the public and the clients of the state agencies that provide
367	client services. The members shall be representative of four
368	groups of state residents as follows: one provider who delivers
369	client services as defined in s. 402.164(2); two nonsalaried
370	representatives of nonprofit agencies or civic groups; four
371	representatives of consumer groups who are currently receiving,
372	or have received, client services within the past 4 years, at
373	least one of whom must be a consumer of one or more client
374	services; and two residents of the state who do not represent
375	any of the foregoing groups, one of whom represents the health-
376	related professions and one of whom represents the legal
377	profession. In appointing the representative of the health-
378	related professions, the appointing authority shall give
379	priority of consideration to a physician licensed under chapter
380	458 or chapter 459; and, in appointing the representative of the
381	legal profession, the appointing authority shall give priority
382	of consideration to a member in good standing of The Florida
383	Bar. Of the remaining members, no more than one shall be an
384	elected official; no more than one shall be a health
385	professional; no more than one shall be a legal professional; no
386	more than one shall be a provider; no more than two shall be
387	nonsalaried representatives of nonprofit agencies or civic
388	groups; and no more than one shall be an individual whose
389	primary area of interest, experience, or expertise is a major
390	client group of a client services group that is not represented
391	on the council at the time of appointment. Except for the member
392	who is an elected public official, each member of the statewide
393	council must have served as a member of a Florida localadvocacy
394	council, with priority consideration given to an applicant who
395	has served a full term on a local council. Persons related to
396	each other by consanguinity or affinity within the third degree
397	may not serve on the statewide council at the same time.
398	(2) Members of the statewide council shall be appointed to
399	serve terms of 64years. A member may not serve more than two
400	full consecutive terms. The terms of members currently serving a
401	term of 4 years are extended by 2 additional years.
402	(3) If a member of the statewide council fails to attend
403	two-thirds of the regular council meetings during the course of
404	a year, the position held by the member may be deemed vacant by
405	the council. The Governor shall fill the vacancy pursuant to
406	subsection (4). If a member of the statewide council violates
407	this section or procedures adopted under this section, the
408	council may recommend to the Governor that the member be
409	removed.
410	(4) The Governor shall fill each vacancy on the statewide
411	council from a list of nominees submitted by the statewide
412	council. A list of candidates may be submitted to the statewide
413	council by the local council in the service area from which the
414	vacancy occurs. Priority of consideration shall be given to the
415	appointment of an individual who is receiving one or more client
416	services and whose primary interest, experience, or expertise
417	lies with a major client group that is not represented on the
418	council at the time of the appointment. If an appointment is not
419	made within 60 days after a vacancy occurs on the statewide
420	council, the vacancy may be filled by a majority vote of the
421	statewide council without further action by the Governor. A
422	person who is employed by any state agency in client services
423	may not be appointed to the statewide council.
424	(5)(a) Members of the statewide council shall receive no
425	compensation, but are entitled to be reimbursed for per diem and
426	travel expenses in accordance with s. 112.061.
427	(b) The council shall select an executive director who
428	shall serve at the pleasure of the council and shall perform the
429	duties delegated to him or her by the council. The compensation
430	of the executive director and staff shall be established in
431	accordance with the rules of the Selected Exempt Service.
432	(c) The council may apply for, receive, and accept grants,
433	gifts, donations, bequests, and other payments including money
434	or property, real or personal, tangible or intangible, and
435	service from any governmental or other public or private entity
436	or person and make arrangements as to the use of same. The
437	council may create a foundation for such purposes.
438	(d) The statewide council shall annually prepare a
439	legislative budget request that is not to be changed by the
440	Justice Administrative Commissiondepartment staffafter it is
441	approved by the council and, butshall be submitted to the
442	Governor for inclusion in the Governor's legislative budget
443	request andtransmittal to the Legislature. The budget shall
444	include a request for funds to carry out the activities of the
445	statewide council and the local councils.
446	(6) The members of the statewide council shall elect a
447	chair, who shall also serve in the capacity of Advocate General
448	for the State of Florida, and a vice chair, who shall also serve
449	in the capacity of Lieutenant Advocate General for the State of
450	Florida, to terms of 2 years1 year. A person may not serve as
451	chair or vice chair for more than two full consecutive terms.
452	(7) The responsibilities of the statewide council include,
453	but are not limited to:
454	(a) Serving as an independent third-party mechanism within
455	Florida state governmentfor protecting the constitutional and
456	human rights of clients within programs or facilities operated,
457	funded, or contracted by any state agency that provides client
458	services.
459	(b) Monitoring by site visit and access toinspection of
460	records the delivery and use of services, programs, or
461	facilities operated, funded, or contracted by any state agency
462	that provides client services, for the purpose of preventing
463	abuse or deprivation of the constitutional and human rights of
464	clients. The statewide council may conduct an unannounced site
465	visit or monitoring visit and must be provided access tothat
466	involves the inspection ofrecords if the visit is conditioned
467	upon a complaint. A complaint may be generated by the council
468	itself if information from any state agency that provides client
469	services or from other sources indicates a situation at the
470	program or facility that indicates possible abuse or neglect or
471	deprivation of the constitutional and human rights of clients.
472	For the purposes of this section, the term “provided access to
473	records" means a visual inspection of such records is permitted
474	and a copy of the hard-copy or electronic version of the records
475	maintained is made available by the state agency, facility,
476	provider, or contractor.The statewide council shall establish
477	and follow uniform criteria for the review of information and
478	generation of complaints. Routine program monitoring and reviews
479	that do not require an examination of records may be made
480	unannounced.
481	(c) Receiving, investigating, and resolving reports of
482	abuse or deprivation of constitutional and human rights referred
483	to the statewide council by a local council. If a matter
484	constitutes a threat to the life, safety, or health of clients
485	or is multiservice-areamultidistrictin scope, the statewide
486	council may exercise such powers without the necessity of a
487	referral from a local council.
488	(d) Reviewing existing programs or services and new or
489	revised programs of the state agencies that provide client
490	services and making recommendations as to how the rights of
491	clients are affected. State agencies shall notify the executive
492	director of the statewide council as to each new or revised
493	statewide program within 60 days prior to implementation to
494	provide the council a reasonable period of time to determine how
495	the rights of clients are affected by such revision or
496	implementation of such program.
497	(e) Submitting an annual report to the Legislature, no
498	later than December 30 of each calendar year, concerning
499	activities, recommendations, and complaints reviewed or
500	developed by the council during the year.
501	(f) Conducting meetings at least six times a year at the
502	call of the chair and at other times at the call of the Governor
503	or by written request of six members of the council.
504	(g) Adopting rules pursuant to ss. 120.536(1) and 120.54
505	to implement the provisions of this section, including, at a
506	minimum:
507	1. Providing uniform procedures for gaining access to and
508	maintaining confidential information.
509	2. Developing and adopting uniform statewideprocedures to
510	be used to carry out the operationspurpose and responsibilities
511	of the statewide council and the local councils, which
512	procedures shall include, but need not be limited to, the
513	following:
514	a.1.The responsibilities of the statewide council and the
515	local councils;
516	b.2.The organization and operation of the statewide
517	council and the local councils, including procedures for
518	replacing a member, formats for maintaining records of council
519	activities, and criteria for determining what constitutes a
520	conflict of interest for purposes of assigning and conducting
521	investigations and monitoring;
522	c.3.Uniform procedures for the statewide council and the
523	local councils relating to receiving and investigating reports
524	of abuse or deprivation of constitutional or human rights;
525	4. The responsibilities and relationship of the local
526	councils to the statewide council;
527	d.5.The relationship of the statewide council to the
528	state agencies that receive and investigate reports of abuse and
529	neglect of clients of state agencies, including the way in which
530	reports of findings and recommendations related to reported
531	abuse or neglect are issuedgivento the appropriate state
532	agency that provides client services;
533	e.6.Provision for cooperation with the State Long-Term
534	Care Ombudsman Council; and
535	f.7.Procedures for appeal. An appeal to the statewide
536	council is made by a local council when a valid complaint is not
537	resolved at the local level. The statewide council may appeal an
538	unresolved complaint to the secretary or director of the
539	appropriate state agency that provides client services. If,
540	after exhausting all remedies, the statewide council is not
541	satisfied that the complaint can be resolved within the state
542	agency, the appeal may be referred to the Governor;
543	8. Uniform procedures for gaining access to and
544	maintaining confidential information; and
545	9. Definitions of misfeasance and malfeasance for members
546	of the statewide council and local councils.
547	(h) Supervising the operations of the local councils,
548	monitoring the performance and activities of all local councils,
549	and providing technical assistance to members and staff of local
550	councils.
551	(i) Providing for the development and presentation of a
552	standardized training program for members of local councils.
553	(j) Ensuring coordination, communication, and cooperation
554	with the investigation of abuse, neglect, or exploitation of
555	vulnerable adults by joining with state agencies in developing
556	and maintaining interprogram agreements or operational
557	procedures among appropriate departmental programs, the Medicaid
558	Fraud Control Unit, the Governor's Inspector General, and other
559	agencies that provide services to clients. These agreements or
560	procedures must cover such subjects as the appropriate roles and
561	responsibilities of the state agency in identifying and
562	responding to reports of abuse, neglect, or exploitation of
563	clients; the provision of services; and related coordinated
564	activities.
565	(k) Serving in the administration of the State Medicaid
566	Plan by conducting investigations relating to the administration
567	of the plan or determining and improving services to the
568	recipients of the Medicaid program in accordance with 42 C.F.R.
569	ss. 431.302 and 431.306.
570	(l) Serving as a citizen review panel of the state plan
571	submitted under the Child Abuse Prevention and Treatment Act
572	(CAPTA).
573	(8)(a) In the performance of its duties, the statewide
574	council shall have:
575	1. Authority to receive, investigate, seek to conciliate,
576	hold administrative hearings pursuant to chapter 120on, and act
577	on complaints that allege any abuse or deprivation of
578	constitutional or human rights of persons who receive client
579	services from any state agency. In performing its duties under
580	this subparagraph, the council may issue declaratory statements
581	pursuant to the provisions of chapter 120.
582	2. Access to all state agency program and service records
583	andclient records, files, and reports from any program,
584	service, or facility that is operated, funded, or contracted by
585	any state agency that provides client services and any records
586	that are material to its investigation and are in the custody of
587	any other agency or department of government, including law
588	enforcement agencies, public education facilities, the Medicaid
589	program, and Child Protective Services. The council's
590	investigation or monitoring shall not impede or obstruct matters
591	under investigation by law enforcement agencies or judicial
592	authorities, and in accordance with s. 20.055, law enforcement
593	agencies and inspector generals shall allow access of
594	investigative records to the council. Access shall not be
595	granted if a specific procedure or prohibition for reviewing
596	records is required by federal law and regulation that
597	supersedes state law. Access shall not be granted to the records
598	of a private licensed practitioner who is providing services
599	outside the state agency, or outside a state facility, and whose
600	client is competent and refuses disclosure.
601	3. Standing to seek injunctive relief frompetitionthe
602	circuit court for denial of access to client records or state
603	agency program or services records to its members or members of
604	any of the local advocacy councilsthat are confidential as
605	specified by law. The petition shall state the specific reasons
606	for which the council is seeking access and the intended use of
607	such information. The circuit court shall issue a civil fine of
608	$15,000 to any individual who withheld client, program, or
609	services records or otherwise denied access to any records
610	requested by the statewide council or any of the local advocacy
611	councilsmay authorize council access to such records upon a
612	finding that such access is directly related to an investigation
613	regarding the possible deprivation of constitutional or human
614	rights or the abuse of a client. Original client files, agency
615	records, and reports shall not be removed from a state agency,
616	but copies shall be provided to the statewide council and the
617	local advocacy councils at the state agency's expense. Under no
618	circumstance shall the council have access to confidential
619	adoption records once the adoption is finalized by a court in
620	accordance with ss. 39.0132, 63.022, and 63.162. Upon completion
621	of a general investigation of practices and procedures of a
622	state agency, the statewide council shall report its findings to
623	that agency.
624	(b) All information obtained or produced by the statewide
625	council that is made confidential by law, that relates to the
626	identity of any client or group of clients subject to the
627	protections of this section, or that relates to the identity of
628	an individual who provides information to the council about
629	abuse or about alleged violations of constitutional or human
630	rights, is confidential and exempt from s. 119.07(1) and s.
631	24(a), Art. I of the State Constitution.
632	(c) Portions of meetings of the statewide council that
633	relate to the identity of any client or group of clients subject
634	to the protections of this section, that relate to the identity
635	of an individual who provides information to the council about
636	abuse or about alleged violations of constitutional or human
637	rights, or wherein testimony is provided relating to records
638	otherwise made confidential by law, are exempt from s. 286.011
639	and s. 24(b), Art. I of the State Constitution.
640	(d) All records prepared by members of the statewide
641	council that reflect a mental impression, investigative
642	strategy, or theory are exempt from s. 119.07(1) and s. 24(a),
643	Art. I of the State Constitution until the investigation is
644	completed or until the investigation ceases to be active. For
645	purposes of this section, an investigation is considered
646	"active" while such investigation is being conducted by the
647	statewide council with a reasonable, good faith belief that it
648	may lead to a finding of abuse or of a violation of human
649	rights. An investigation does not cease to be active so long as
650	the statewide council is proceeding with reasonable dispatch and
651	there is a good faith belief that action may be initiated by the
652	council or other administrative or law enforcement agency.
653	(e) Any person who knowingly and willfully discloses any
654	such confidential information commits a misdemeanor of the
655	second degree, punishable as provided in s. 775.082 or s.
656	775.083.
657	Section 10. Section 402.166, Florida Statutes, is amended
658	to read:
659	402.166 Florida local advocacy councils; confidential
660	records and meetings.--
661	(1) Each district human rights advocacy committee within
662	each districtservice areaof the Department of Children and
663	Family Services is redesignated as the Florida Local Advocacy
664	Council. The local councils are subject to direction from and
665	the supervision of the Florida Statewide Advocacy Council. The
666	Florida Statewide Advocacy CouncilDepartment of Children and
667	Family Servicesshall assign staff to provide administrative
668	support to the local councils, and staff assigned to these
669	positions shall perform the functions required by the statewide
670	and local advocacy councils without interference from any state
671	agencythe department. The Statewide Advocacy Council member and
672	chair of thelocal councils shall direct the activities of staff
673	assigned to them to the extent necessaryfor the local councils
674	to carry out their duties. The number and areas of
675	responsibility of the local councils, not to exceed 6046
676	councils statewide, shall be determined by the Florida Statewide
677	Advocacy Council and shall be consistent with judicial circuit
678	boundaries. Local councils shall meet at state-licensed
679	facilities under their jurisdiction whenever possible.
680	(2) Each local council shall have no fewer than 7 members
681	and no more than 15 members, no more than 4 of whom are or have
682	been recipients of one or more client services within the last 4
683	years, except that one member of this group may be an immediate
684	relative or legal representative of a current or former client;
685	two providers who deliver client services as defined in s.
686	402.164(2); and two representatives of professional
687	organizations, one of whom represents the health-related
688	professions and one of whom represents the legal profession.
689	Priority of consideration shall be given to the appointment of
690	at least one medical or osteopathic physician, as defined in
691	chapters 458 and 459, and one member in good standing of The
692	Florida Bar. Priority of consideration shall also be given to
693	the appointment of an individual who is receiving client
694	services and whose primary interest, experience, or expertise
695	lies with a major client group not represented on the council at
696	the time of the appointment. A person who is employed in client
697	services by any state agency may not be appointed to the
698	council. No more than three individuals who are providing
699	contracted services for clients to any state agency may serve on
700	the same local council at the same time. Persons related to each
701	other by consanguinity or affinity within the third degree may
702	not serve on the same local council at the same time.All
703	members of local councils must successfully complete a
704	standardized training course for council members within 3 months
705	after their appointment to a local council. A member may not be
706	assigned to an investigation that requires access to
707	confidential information prior to the completion of the training
708	course. After he or she completes the required training course,
709	a member of a local council may not be prevented from
710	participating in any activity of that local council, including
711	investigations and monitoring, except due to a conflict of
712	interest as described in the procedures established by the
713	statewide council pursuant to subsection (7).
714	(3)(a) With respect to existing local councils, each
715	member shall serve a term of 64years. Upon expiration of a
716	term and in the case of any other vacancy, the local council
717	shall appoint a replacement by majority vote of the local
718	council, subject to the approval of the Governor. A member may
719	serve no more than two full consecutive terms.
720	(b)1. The Governor shall appoint the first four members of
721	any newly created local council; and those four members shall
722	select the remaining members, subject to approval of the
723	Governor. If any of the first four members are not appointed
724	within 60 days after a request is submitted to the Governor,
725	those members may be appointed by a majority vote of the
726	statewide council without further action by the Governor.
727	2. Members shall serve for no more than two full
728	consecutive terms of 64years, except that at the time of
729	initial appointment, terms shall be staggered so that
730	approximately one-half of the members first appointed shall
731	serve for terms of 64years and the remaining members shall
732	serve for terms of 32years. Vacancies shall be filled as
733	provided in subparagraph 1.
734	(c) If no action is taken by the Governor to approve or
735	disapprove a replacement of a member pursuant to this subsection
736	within 30 days after the local council has notified the Governor
737	of the appointment, then the appointment of the replacement may
738	be considered approved by the statewide council.
739	(4) Each local council shall elect a chair and a vice
740	chair for a term of 1 year. A person may not serve as chair or
741	vice chair for more than two consecutive terms. The chair's and
742	vice chair's terms expire on September 30 of each year.
743	(5) If a local council member fails to attend two-thirds
744	of the regular council meetings during the course of a year, the
745	local council may replace the member. If a member of a local
746	council violates this section or procedures adopted under this
747	section, the local council may recommend to the Governor that
748	the member be removed.
749	(6) A member of a local council shall receive no
750	compensation but is entitled to be reimbursed for per diem and
751	travel expenses as provided in s. 112.061. Members may be
752	provided reimbursement for long-distance telephone calls if such
753	calls were necessary to an investigation of an abuse or
754	deprivation of constitutional or human rights.
755	(7) A local council shall first seek to resolve a
756	complaint with the appropriate local administration, agency, or
757	program; any matter not resolved by the local council shall be
758	referred to the statewide council through appeal. A local
759	council shall comply with appeal procedures established by the
760	statewide council. The duties, actions, and procedures of both
761	new and existing local councils shall conform to ss. 402.164-
762	402.167. The duties of each local council shall include, but are
763	not limited to:
764	(a) Serving as an independent third-party mechanism for
765	protecting the constitutional and human rights of any client
766	within a program or facility operated, funded, or contracted by
767	a state agency providing client services in the local service
768	area.
769	(b) Monitoring by site visit and access toinspection of
770	records the delivery and use of services, programs, or
771	facilities operated, funded, or contracted by a state agency
772	that provides client services, for the purpose of preventing
773	abuse or deprivation of the constitutional and human rights of
774	clients. A local council may conduct an unannounced site visit
775	or monitoring visit and must be provided access tothat involves
776	the inspection ofrecords if the visit is conditioned upon a
777	complaint. A complaint may be generated by the council itself if
778	information from a state agency that provides client services or
779	from other sources indicates a situation at the program or
780	facility that indicates possible abuse or neglect or deprivation
781	of constitutional and human rights of clients. For the purposes
782	of this section, the term “provided access to records" means a
783	visual inspection of such records is permitted and a copy of the
784	hard-copy or electronic version of the records maintained is
785	made available by the state agency, facility, provider, or
786	contractor.The local council shall follow uniform criteria
787	established by the statewide council for the review of
788	information and generation of complaints. Routine program
789	monitoring and reviews that do not require an examination of
790	records may be made unannounced.
791	(c) Receiving, investigating, and resolving reports of
792	abuse or deprivation of constitutional and human rights in the
793	local service area.
794	(d) Reviewing and making recommendations to the applicable
795	local state agency head or directorregarding how a client's
796	constitutional or human rights might be affected by the client's
797	participation in a proposed research project, prior to
798	implementation of the project.
799	(e) Reviewing existing programs and proposed new or
800	revised programs of client services and making recommendations
801	as to how these programs and services affect or might affect the
802	constitutional or human rights of clients.
803	(e)(f)Appealing to the statewide council any complaint
804	unresolved at the local level. Any matter that constitutes a
805	threat to the life, safety, or health of a client or is
806	multidistrict in scope shall automatically be referred to the
807	statewide council.
808	(f)(g)Submitting an annual report by September 30 to the
809	statewide council concerning activities, recommendations, and
810	complaints reviewed or developed by the council during the year.
811	(g)(h)Conducting meetings at least six times a year at
812	the call of the chair and at other times at the call of the
813	Governor, at the call of the statewide council, or by written
814	request of a majority of the members of the council.
815	(8)(a) In the performance of its duties, a local council
816	shall have the same right to be provided access to all client
817	records and state agency files and reports from any program or
818	service and to all records of contract providers or facilities
819	that are operated by, funded by, or under contract with any
820	state agency as specified in s. 402.165(8)(a)2. and the same
821	standing to seek injunctive relief for denial of access to such
822	records as specified in s. 402.165(8)(a)3.:
823	1. Access to all client records, files, and reports from
824	any program, service, or facility that is operated, funded, or
825	contracted by any state agency that provides client services and
826	any records that are material to its investigation and are in
827	the custody of any other agency or department of government. The
828	council's investigation or monitoring shall not impede or
829	obstruct matters under investigation by law enforcement agencies
830	or judicial authorities. Access shall not be granted if a
831	specific procedure or prohibition for reviewing records is
832	required by federal law and regulation that supersedes state
833	law. Access shall not be granted to the records of a private
834	licensed practitioner who is providing services outside state
835	agencies and facilities and whose client is competent and
836	refuses disclosure.
837	2. Standing to petition the circuit court for access to
838	client records that are confidential as specified by law. The
839	petition shall state the specific reasons for which the council
840	is seeking access and the intended use of such information. The
841	court may authorize access to such records upon a finding that
842	such access is directly related to an investigation regarding
843	the possible deprivation of constitutional or human rights or
844	the abuse of a client. Original client files, records, and
845	reports shall not be removed from a state agency. Upon no
846	circumstances shall the council have access to confidential
847	adoption records once the adoption is finalized in court in
848	accordance with ss. 39.0132, 63.022, and 63.162. Upon completion
849	of a general investigation of practices and procedures followed
850	by a state agency in providing client services, the council
851	shall report its findings to the appropriate state agency.
852	(b) All information obtained or produced by a local
853	council that is made confidential by law, that relates to the
854	identity of any client or group of clients subject to the
855	protection of this section, or that relates to the identity of
856	an individual who provides information to the council about
857	abuse or about alleged violations of constitutional or human
858	rights, is confidential and exempt from s. 119.07(1) and s.
859	24(a), Art. I of the State Constitution.
860	(c) Portions of meetings of a local council that relate to
861	the identity of any client or group of clients subject to the
862	protections of this section, that relate to the identity of an
863	individual who provides information to the council about abuse
864	or about alleged violations of constitutional or human rights,
865	or wherein testimony is provided relating to records otherwise
866	made confidential by law, are exempt from s. 286.011 and s.
867	24(b), Art. I of the State Constitution.
868	(d) All records prepared by members of a local council
869	that reflect a mental impression, investigative strategy, or
870	theory are exempt from s. 119.07(1) and s. 24(a), Art. I of the
871	State Constitution until the investigation is completed or until
872	the investigation ceases to be active. For purposes of this
873	section, an investigation is considered "active" while such
874	investigation is being conducted by a local council with a
875	reasonable, good faith belief that it may lead to a finding of
876	abuse or of a violation of constitutional or human rights. An
877	investigation does not cease to be active so long as the council
878	is proceeding with reasonable dispatch and there is a good faith
879	belief that action may be initiated by the council or other
880	administrative or law enforcement agency.
881	(e) Any person who knowingly and willfully discloses any
882	such confidential information commits a misdemeanor of the
883	second degree, punishable as provided in s. 775.082 or s.
884	775.083.
885	Section 11. Section 402.167, Florida Statutes, is amended
886	to read:
887	402.167 Duties of state agencies that provide client
888	services relating to the Florida Statewide Advocacy Council and
889	the Florida local advocacy councils.--
890	(1) Each state agency that provides client services shall
891	adopt rules that are consistent with law, amended to reflect any
892	statutory changes, and that address at least the following:
893	(a) Procedures by which staff of state agencies refer
894	reports of abuse or matters that constitute a threat to the
895	life, health, safety, welfare, or human and constitutional
896	rights of clients to the Florida Statewide Advocacy Council and
897	theFlorida local advocacy councils.
898	(b) Procedures by which client information is made
899	available and accessible in both electronic and written formto
900	members of the Florida Statewide Advocacy Council and the
901	Florida local advocacy councils.
902	(c) Procedures by which recommendations made by the
903	statewide and local councils will be incorporated into policies,
904	and procedures, and rulesof the state agencies.
905	(2) The Department of Management ServicesChildren and
906	Family Services shall provide a maximum of 20 acceptable site
907	locations for the location of local councils’ staff for each of
908	the respective 20 judicial circuitscouncils in state-owned,
909	state-leased, or state-contracted buildings or state agencyarea
910	offices at the approval of the executive director of the Florida
911	Statewide Advocacy Council. The department shall make
912	arrangements with state agencies that are located in state-
913	owned, state-leased, or state-contracted properties that provide
914	client services under s. 402.164(2) to house the offices under
915	the Florida Statewide Advocacy Council. Collocated costs paid by
916	the Statewide Advocacy Council shall includeand shall provide
917	necessary equipment and office supplies, including, but not be
918	limited to, costs forclerical and word processing services,
919	photocopiers, mail services, telephone services, computer
920	network access and related services, security services,
921	janitorial services, utilities, and parking for staff and state
922	and local council membersand stationery and other necessary
923	supplies, and shall establish the procedures by which council
924	members are reimbursed for authorized expenditures.
925	(3) The secretaries or directors of the state agencies
926	shall ensure the full cooperation and assistance of employees of
927	and contract providers totheir respective state agencies with
928	members and staff of the statewide and local councils. The
929	secretaries or directors of the state agencies shall notify all
930	contract providers and service providers of the powers, duties,
931	and authority of, and the requirement to provide access to
932	information to, statewide and local council members under s.
933	402.164-402.166. Further, staff positions that were assigned as
934	of July 1, 2002, to the Florida local advocacy council or their
935	equivalent FTEs by the Department of Children and Family
936	Services shall be transferred to the executive director of the
937	Florida Statewide Advocacy Council by a type two transferthe
938	Secretary of Children and Family Services shall ensure that, to
939	the extent possible, staff assigned to the statewide council and
940	local councils are free of interference from or control by the
941	department in performing their duties relative to those
942	councils.
943	(4) The secretaries or directors of the state agencies
944	shall amend any state plans filed with federal agencies that
945	provide federal funding of client services as defined in s.
946	402.164(2) to reflect that the statewide and local advocacy
947	councils' activities are part of the administration of the
948	respective state plan.
949	(5) It is the intent of the Legislature that the Florida
950	Statewide Advocacy Council and local advocacy councils are to
951	have routine access to protected health information of the
952	beneficiaries of the health and human services and any other
953	information that is confidential in nature so that the legal
954	doctrine of expressio unis est exclusio alterius is expressly
955	renounced in the event that another statute specifically fails
956	to specify that the Florida Statewide Advocacy Council or local
957	advocacy council is to be provided access to confidential
958	information.
959	Section 12. Section 402.70, Florida Statutes, is amended
960	to read:
961	402.70 Interagency agreement between state agencies that
962	provide health and human services and the Florida Statewide
963	Advocacy CouncilDepartment of Health and Department of Children
964	and Family Services.—State agenciesThe Department of Health and
965	the Department of Children and Family Servicesshall enter into
966	an interagency agreement to ensure coordination and cooperation
967	in identifying client populations, developing service delivery
968	systems, and meeting the needs of the state's residents. The
969	interagency agreement must address cooperative programmatic
970	issues, rules-development issues, and any other issues that must
971	be resolved to ensure the continued working relationship among
972	the health and humanfamily services programs of the two
973	departments. The state agencies shall enter into an interagency
974	agreement with the Florida Statewide Advocacy Council to ensure
975	access and cooperation in identifying and resolving client
976	complaints and to address programmatic issues, rules-development
977	issues, and any other issues that must be resolved to ensure the
978	legislative intent in s. 402.164. In accordance with the
979	provisions of the Health Insurance Portability and
980	Accountability Act of 1996 (HIPAA) and other federal privacy
981	laws, the Florida Statewide Advocacy Council, the Agency for
982	Health Care Administration, the Medicaid Fraud Control Unit of
983	the Office of the Attorney General, and the Inspector Governor
984	shall enter into a data-sharing agreement to ensure coordination
985	and cooperation of confidential client health information in
986	monitoring, investigating, protecting, and safeguarding the
987	health, safety, rights, and welfare of the clients of health and
988	human services and programs.
989	Section 13. Paragraph (a) of subsection (1) of section
990	415.1034, Florida Statutes, is amended to read:
991	415.1034 Mandatory reporting of abuse, neglect, or
992	exploitation of vulnerable adults; mandatory reports of death.--
993	(1) MANDATORY REPORTING.--
994	(a) Any person, including, but not limited to, any:
995	1. Physician, osteopathic physician, medical examiner,
996	chiropractic physician, nurse, paramedic, emergency medical
997	technician, or hospital personnel engaged in the admission,
998	examination, care, or treatment of vulnerable adults;
999	2. Health professional or mental health professional other
1000	than one listed in subparagraph 1.;
1001	3. Practitioner who relies solely on spiritual means for
1002	healing;
1003	4. Nursing home staff; assisted living facility staff;
1004	adult day care center staff; adult family-care home staff;
1005	social worker; or other professional adult care, residential, or
1006	institutional staff;
1007	5. State, county, or municipal criminal justice employee
1008	or law enforcement officer;
1009	6. An employee of the Department of Business and
1010	Professional Regulation conducting inspections of public lodging
1011	establishments under s. 509.032;
1012	7. Florida Statewide Advocacy Council or localadvocacy
1013	council member or long-term care ombudsman council member; or
1014	8. Bank, savings and loan, or credit union officer,
1015	trustee, or employee,
1016
1017	who knows, or has reasonable cause to suspect, that a vulnerable
1018	adult has been or is being abused, neglected, or exploited shall
1019	immediately report such knowledge or suspicion to the central
1020	abuse hotline.
1021	Section 14. Subsection (1) of section 415.104, Florida
1022	Statutes, is amended to read:
1023	415.104 Protective investigations of cases of abuse,
1024	neglect, or exploitation of vulnerable adults; transmittal of
1025	records to state attorney.--
1026	(1) The department shall, upon receipt of a report
1027	alleging abuse, neglect, or exploitation of a vulnerable adult,
1028	begin within 24 hours a protective investigation of the facts
1029	alleged therein. If a caregiver refuses to allow the department
1030	to begin a protective investigation or interferes with the
1031	conduct of such an investigation, the appropriate law
1032	enforcement agency shall be contacted for assistance. If, during
1033	the course of the investigation, the department has reason to
1034	believe that the abuse, neglect, or exploitation is perpetrated
1035	by a second party, the appropriate law enforcement agency and
1036	state attorney shall be orally notified. The department and the
1037	law enforcement agency shall cooperate to allow the criminal
1038	investigation to proceed concurrently with, and not be hindered
1039	by, the protective investigation. The department shall make a
1040	preliminary written report to the law enforcement agencies
1041	within 5 working days after the oral report. The department
1042	shall, within 24 hours after receipt of the report, notify the
1043	appropriate Florida local advocacy council, or long-term care
1044	ombudsman council, when appropriate, that an alleged abuse,
1045	neglect, or exploitation perpetrated by a second party has
1046	occurred. The department must also provide to the Florida
1047	Statewide Advocacy Council or the appropriate local advocacy
1048	council the initial report on any adult or group of adults that
1049	such council requests either in writing or verbally.Notice to
1050	the Florida local advocacy council or long-term care ombudsman
1051	council may be accomplished orally orin writing and shall
1052	include the name and location of the vulnerable adult alleged to
1053	have been abused, neglected, or exploited and the nature of the
1054	report.
1055	Section 15. Subsection (8) of section 415.1055, Florida
1056	Statutes, is amended to read:
1057	415.1055 Notification to administrative entities.--
1058	(8) At the conclusion of a protective investigation at a
1059	facility, the department shall notify either the Florida local
1060	advocacy council or long-term care ombudsman council of the
1061	results of the investigation. The department must also provide
1062	to the Florida Statewide Advocacy Council or the appropriate
1063	local advocacy council the results of any investigation that
1064	such council requests in writing within 7 days.This
1065	notification must be in writing.
1066	Section 16. Paragraph (g) of subsection (3) of section
1067	415.107, Florida Statutes, is amended to read:
1068	415.107 Confidentiality of reports and records.--
1069	(3) Access to all records, excluding the name of the
1070	reporter which shall be released only as provided in subsection
1071	(6), shall be granted only to the following persons, officials,
1072	and agencies:
1073	(g) Any appropriate official of the Florida Statewide
1074	Advocacy Council or a localadvocacy council or long-term care
1075	ombudsman council investigating a report of known or suspected
1076	abuse, neglect, or exploitation of a vulnerable adult.
1077	Section 17. Section 775.0823, Florida Statutes, is amended
1078	to read:
1079	775.0823 Violent offenses committed against law
1080	enforcement officers, correctional officers, state attorneys,
1081	assistant state attorneys, executive branch officials and
1082	employees,justices, or judges.--The Legislature does hereby
1083	provide for an increase and certainty of penalty for any person
1084	convicted of a violent offense against any law enforcement or
1085	correctional officer, as defined in s. 943.10(1), (2), (3), (6),
1086	(7), (8), or (9); against any state attorney elected pursuant to
1087	s. 27.01 or assistant state attorney appointed under s. 27.181;
1088	against any state official or employee of the executive branch
1089	as described in chapter 20;or against any justice or judge of a
1090	court described in Art. V of the State Constitution, which
1091	offense arises out of or in the scope of the officer's duty as a
1092	law enforcement or correctional officer, the state attorney's or
1093	assistant state attorney's duty as a prosecutor or investigator,
1094	the state official’s or employee’s duty as an enforcer,
1095	investigator or monitor,or the justice's or judge's duty as a
1096	judicial officer, as follows:
1097	(1) For murder in the first degree as described in s.
1098	782.04(1), if the death sentence is not imposed, a sentence of
1099	imprisonment for life without eligibility for release.
1100	(2) For attempted murder in the first degree as described
1101	in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083,
1102	or s. 775.084.
1103	(3) For murder in the second degree as described in s.
1104	782.04(2) and (3), a sentence pursuant to s. 775.082, s.
1105	775.083, or s. 775.084.
1106	(4) For attempted murder in the second degree as described
1107	in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s.
1108	775.083, or s. 775.084.
1109	(5) For murder in the third degree as described in s.
1110	782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s.
1111	775.084.
1112	(6) For attempted murder in the third degree as described
1113	in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083,
1114	or s. 775.084.
1115	(7) For manslaughter as described in s. 782.07 during the
1116	commission of a crime, a sentence pursuant to s. 775.082, s.
1117	775.083, or s. 775.084.
1118	(8) For kidnapping as described in s. 787.01, a sentence
1119	pursuant to s. 775.082, s. 775.083, or s. 775.084.
1120	(9) For aggravated battery as described in s. 784.045, a
1121	sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
1122	(10) For aggravated assault as described in s. 784.021, a
1123	sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
1124
1125	Notwithstanding the provisions of s. 948.01, with respect to any
1126	person who is found to have violated this section, adjudication
1127	of guilt or imposition of sentence shall not be suspended,
1128	deferred, or withheld.
1129	Section 18. Subsections (1) and (2) of section 784.07,
1130	Florida Statutes, are amended to read:
1131	784.07 Assault or battery of law enforcement officers,
1132	firefighters, emergency medical care providers, public transit
1133	employees or agents, or other specified officers;
1134	reclassification of offenses; minimum sentences.--
1135	(1) As used in this section, the term:
1136	(a) "Law enforcement officer" includes a law enforcement
1137	officer, a correctional officer, a correctional probation
1138	officer, a part-time law enforcement officer, a part-time
1139	correctional officer, an auxiliary law enforcement officer, and
1140	an auxiliary correctional officer, as those terms are
1141	respectively defined in s. 943.10, and any county probation
1142	officer; employee or agent of the Department of Corrections who
1143	supervises or provides services to inmates; officer of the
1144	Parole Commission; and law enforcement personnel of the Fish and
1145	Wildlife Conservation Commission, the Department of
1146	Environmental Protection, or the Department of Law Enforcement.
1147	(b) "Firefighter" means any person employed by any public
1148	employer of this state whose duty it is to extinguish fires; to
1149	protect life or property; or to enforce municipal, county, and
1150	state fire prevention codes, as well as any law pertaining to
1151	the prevention and control of fires.
1152	(c) "Emergency medical care provider" means an ambulance
1153	driver, emergency medical technician, paramedic, registered
1154	nurse, physician as defined in s. 401.23, medical director as
1155	defined in s. 401.23, or any person authorized by an emergency
1156	medical service licensed under chapter 401 who is engaged in the
1157	performance of his or her duties. The term "emergency medical
1158	care provider" also includes physicians, employees, agents, or
1159	volunteers of hospitals as defined in chapter 395, who are
1160	employed, under contract, or otherwise authorized by a hospital
1161	to perform duties directly associated with the care and
1162	treatment rendered by the hospital's emergency department or the
1163	security thereof.
1164	(d) "Public transit employees or agents" means bus
1165	operators, train operators, revenue collectors, security
1166	personnel, equipment maintenance personnel, or field
1167	supervisors, who are employees or agents of a transit agency as
1168	described in s. 812.015(1)(l).
1169	(e) “Other specified officer" means a Child Protection
1170	Services investigator or a member, employee, or agent of the
1171	Florida Statewide Advocacy Council and Florida local advocacy
1172	council.
1173	(2) Whenever any person is charged with knowingly
1174	committing an assault or battery upon a law enforcement officer,
1175	a firefighter, an emergency medical care provider, a traffic
1176	accident investigation officer as described in s. 316.640, a
1177	traffic infraction enforcement officer as described in s.
1178	316.640, a parking enforcement specialist as defined in s.
1179	316.640, ora security officer employed by the board of trustees
1180	of a community college, or another specified officer,while the
1181	officer, firefighter, emergency medical care provider, intake
1182	officer, traffic accident investigation officer, traffic
1183	infraction enforcement officer, parking enforcement specialist,
1184	public transit employee or agent, or security officer, or other
1185	specified officeris engaged in the lawful performance of his or
1186	her duties, the offense for which the person is charged shall be
1187	reclassified as follows:
1188	(a) In the case of assault, from a misdemeanor of the
1189	second degree to a misdemeanor of the first degree.
1190	(b) In the case of battery, from a misdemeanor of the
1191	first degree to a felony of the third degree.
1192	(c) In the case of aggravated assault, from a felony of
1193	the third degree to a felony of the second degree.
1194	Notwithstanding any other provision of law, any person convicted
1195	of aggravated assault upon a law enforcement officer shall be
1196	sentenced to a minimum term of imprisonment of 3 years.
1197	(d) In the case of aggravated battery, from a felony of
1198	the second degree to a felony of the first degree.
1199	Notwithstanding any other provision of law, any person convicted
1200	of aggravated battery of a law enforcement officer shall be
1201	sentenced to a minimum term of imprisonment of 5 years.
1202	Section 19. This act shall take effect July 1, 2003.