HB 1621 2003
1	CHAMBER ACTION
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6	The Committee on Future of Florida's Families recommends the
7	following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to adult protective services; amending s.
13	415.1045, F.S.; requiring the Department of Children and
14	Family Services to enter into certain working agreements
15	with local law enforcement agencies; requiring a review of
16	the efficacy of such agreements by the Office of Program
17	Policy Analysis and Government Accountability; requiring a
18	report by the department regarding its compliance with
19	certain recommendations made by the Office of Program
20	Policy Analysis and Government Accountability; providing
21	an effective date.
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23	Be It Enacted by the Legislature of the State of Florida:
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25	Section 1. Subsection (6) of section 415.1045, Florida
26	Statutes, is amended to read:
27	415.1045 Photographs, videotapes, and medical
28	examinations; abrogation of privileged communications;
29	confidential records and documents.--
30	(6) WORKING AGREEMENTS.--By March 1, 2004,the department
31	shall enter into working agreements with the jurisdictionally
32	responsible county sheriffs' office or local police department
33	that will be the lead agency when conducting any criminal
34	investigation arising from an allegation of abuse, neglect, or
35	exploitation of a vulnerable adult. The working agreement must
36	specify how the requirements of this chapter will be met. The
37	Office of Program Policy Analysis and Government Accountability
38	shall conduct a review of the efficacy of the agreements by
39	March 1, 2005.For the purposes of such agreement, the
40	jurisdictionally responsible law enforcement entity is
41	authorized to share Florida criminal history and local criminal
42	history information that is not otherwise exempt from s.
43	119.07(1) with the district personnel. A law enforcement entity
44	entering into such agreement must comply with s. 943.0525.
45	Criminal justice information provided by such law enforcement
46	entity shall be used only for the purposes specified in the
47	agreement and shall be provided at no charge. Notwithstanding
48	any other provision of law, the Department of Law Enforcement
49	shall provide to the department electronic access to Florida
50	criminal justice information which is lawfully available and not
51	exempt from s. 119.07(1), only for the purpose of protective
52	investigations and emergency placement. As a condition of access
53	to such information, the department shall be required to execute
54	an appropriate user agreement addressing the access, use,
55	dissemination, and destruction of such information and to comply
56	with all applicable laws and rules of the Department of Law
57	Enforcement.
58	Section 2. Given the serious and growing problem of elder
59	abuse, by December 1, 2003, the Department of Children and
60	Family Services is directed to report to the Legislature on the
61	status of the department's compliance with all of the
62	recommendations for improvement of the Adult Services Program
63	included in Report No. 03-08 from the Office of Program Policy
64	Analysis and Government Accountability. The department is also
65	directed to analyze and include as part of this report a plan
66	for implementing at least one multidisciplinary adult protection
67	team, as defined in s. 415.1102, Florida Statutes, in each of
68	the department's districts.
69	Section 3. This act shall take effect July 1, 2003.