HB 1621, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to adult protective services; amending s.
3	415.1045, F.S.; requiring the Department of Children and
4	Family Services to enter into certain working agreements
5	with local law enforcement agencies; requiring a review of
6	the efficacy of such agreements by the Office of Program
7	Policy Analysis and Government Accountability; requiring a
8	report by the department regarding its compliance with
9	certain recommendations made by the Office of Program
10	Policy Analysis and Government Accountability; amending s.
11	744.7021, F.S.; providing that the executive director of
12	the Statewide Public Guardianship Office shall be
13	appointed by the Secretary of Elderly Affairs, rather than
14	by the Governor; transferring certain responsibilities
15	from the Statewide Public Guardianship Office to the
16	Department of Elderly Affairs; providing an effective
17	date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1. Subsection (6) of section 415.1045, Florida
22	Statutes, is amended to read:
23	415.1045 Photographs, videotapes, and medical
24	examinations; abrogation of privileged communications;
25	confidential records and documents.--
26	(6) WORKING AGREEMENTS.--By March 1, 2004,the department
27	shall enter into working agreements with the jurisdictionally
28	responsible county sheriffs' office or local police department
29	that will be the lead agency when conducting any criminal
30	investigation arising from an allegation of abuse, neglect, or
31	exploitation of a vulnerable adult. The working agreement must
32	specify how the requirements of this chapter will be met. The
33	Office of Program Policy Analysis and Government Accountability
34	shall conduct a review of the efficacy of the agreements by
35	March 1, 2005.For the purposes of such agreement, the
36	jurisdictionally responsible law enforcement entity is
37	authorized to share Florida criminal history and local criminal
38	history information that is not otherwise exempt from s.
39	119.07(1) with the district personnel. A law enforcement entity
40	entering into such agreement must comply with s. 943.0525.
41	Criminal justice information provided by such law enforcement
42	entity shall be used only for the purposes specified in the
43	agreement and shall be provided at no charge. Notwithstanding
44	any other provision of law, the Department of Law Enforcement
45	shall provide to the department electronic access to Florida
46	criminal justice information which is lawfully available and not
47	exempt from s. 119.07(1), only for the purpose of protective
48	investigations and emergency placement. As a condition of access
49	to such information, the department shall be required to execute
50	an appropriate user agreement addressing the access, use,
51	dissemination, and destruction of such information and to comply
52	with all applicable laws and rules of the Department of Law
53	Enforcement.
54	Section 2. Given the serious and growing problem of elder
55	abuse, by December 1, 2003, the Department of Children and
56	Family Services is directed to report to the Legislature on the
57	status of the department's compliance with all of the
58	recommendations for improvement of the Adult Services Program
59	included in Report No. 03-08 from the Office of Program Policy
60	Analysis and Government Accountability. The department is also
61	directed to analyze and include as part of this report a plan
62	for implementing at least one multidisciplinary adult protection
63	team, as defined in s. 415.1102, Florida Statutes, in each of
64	the department's districts.
65	Section 3. Section 744.7021, Florida Statutes, is amended
66	to read:
67	744.7021 Statewide Public Guardianship Office.--There is
68	hereby created the Statewide Public Guardianship Office within
69	the Department of Elderly Affairs. The Department of Elderly
70	Affairs shall provide administrative support and service to the
71	office to the extent requested by the executive director within
72	the available resources of the department. The Statewide Public
73	Guardianship Office may request the assistance of the Inspector
74	General of the Department of Elderly Affairs in providing
75	auditing services, and the Office of General Counsel of the
76	department may provide assistance in rulemaking and other
77	matters as needed to assist the Statewide Public Guardianship
78	Office. The Statewide Public Guardianship Office shall not be
79	subject to control, supervision, or direction by the Department
80	of Elderly Affairs in the performance of its duties.
81	(1) The Secretary of Elderly Affairs shall appoint the
82	executive director, who shall be thehead of the Statewide
83	Public Guardianship Office is the executive director, who shall
84	be appointed by the Governor. The executive director must be a
85	member of The Florida Bar, knowledgeable oflicensed attorney
86	with a background in guardianship law and knowledge of the
87	social services available to meet the needs of incapacitated
88	persons, shall serve on a full-time basis, and shall personally,
89	or through representatives of the office, carry out the purposes
90	and functions of the Statewide Public Guardianship Office in
91	accordance with state and federal law. The executive director
92	shall serve at the pleasure of and report to the Secretary
93	Governor.
94	(2) The executive directorStatewide Public Guardianship
95	Office shall, within available resources, have oversight
96	responsibilities for all public guardians.
97	(a) The executive directorofficeshall review the current
98	public guardian programs in Florida and other states.
99	(b) The executive directoroffice, in consultation with
100	local guardianship offices, shall develop statewide performance
101	measures and standards.
102	(c) The executive directorofficeshall review the various
103	methods of funding guardianship programs, the kinds of services
104	being provided by such programs, and the demographics of the
105	wards. In addition, the executive directorofficeshall review
106	and make recommendations regarding the feasibility of recovering
107	a portion or all of the costs of providing public guardianship
108	services from the assets or income of the wards.
109	(d) No later than October 1, 2000, the office shall submit
110	to the Governor, the President of the Senate, the Speaker of the
111	House of Representatives, and the Chief Justice of the Supreme
112	Court an interim report describing the progress of the office in
113	meeting the goals as described in this section. No later than
114	October 1, 2001, the office shall submit to the Governor, the
115	President of the Senate, the Speaker of the House of
116	Representatives, and the Chief Justice of the Supreme Court a
117	proposed public guardianship plan including alternatives for
118	meeting the state's guardianship needs. This plan may include
119	recommendations for less than the entire state, may include a
120	phase-in system, and shall include estimates of the cost of each
121	of the alternatives.By January 1, 2004, and by January 1 of
122	each year thereafter, the executive directorofficeshall
123	provide a status report and provide further recommendations to
124	the Secretary thataddress the need for public guardianship
125	services and related issues.
126	(e) The executive directorofficemay provide assistance
127	to local governments or entities in pursuing grant
128	opportunities. The executive directorofficeshall review and
129	make recommendations in the annual report on the availability
130	and efficacy of seeking Medicaid matching funds. The executive
131	directorofficeshall diligently seek ways to use existing
132	programs and services to meet the needs of public wards.
133	(f) The executive director, in consultation with the
134	Florida Guardianship Foundationofficeshall develop a
135	guardianship training program curriculum that. The training
136	programmay be offered to all guardians whether public or
137	private. The office shall establish a curriculum committee to
138	develop the training program specified in this part. The
139	curriculum committee shall include, but not be limited to,
140	probate judges. A fee may be charged to private guardians in
141	order to defray the cost of providing the training. In addition,
142	a fee may be charged to any training provider for up to the
143	actual cost of the review and approval of their curriculum. Any
144	fees collected pursuant to this paragraph shall be deposited in
145	the Department of Elderly Affairs Administrative Trust Fund to
146	be used for the guardianship training program.
147	(3) The executive directorofficemay conduct or contract
148	for demonstration projects authorized by the Department of
149	Elderly Affairs, within funds appropriated or through gifts,
150	grants, or contributions for such purposes, to determine the
151	feasibility or desirability of new concepts of organization,
152	administration, financing, or service delivery designed to
153	preserve the civil and constitutional rights of persons of
154	marginal or diminished capacity. Any gifts, grants, or
155	contributions for such purposes shall be deposited in the
156	Department of Elderly Affairs Administrative Trust Fund.
157	(4) The Department of Elderly Affairsofficehas authority
158	to adopt rules pursuant to ss. 120.536(1) and 120.54 to carry
159	out the provisions of this section.
160	Section 4. This act shall take effect July 1, 2003.