Senate Bill sb1822e1

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    CS for SB 1822                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to adult protective services;

  3         amending s. 415.1045, F.S.; requiring the

  4         Department of Children and Family Services to

  5         enter into certain working agreements with

  6         local law enforcement agencies; requiring the

  7         Office of Program Policy Analysis and

  8         Government Accountability to review and report

  9         to the Legislature; amending s. 415.1102, F.S.;

10         defining the term "multidisciplinary adult

11         protection team"; providing for composition of

12         such teams; requiring the department to report

13         to the Legislature on the status of compliance

14         with certain recommendations relating to the

15         Adult Services Program and to analyze and

16         provide a plan for the implementation of

17         multidisciplinary adult protection teams;

18         creating the Guardianship Task Force within the

19         department; providing purpose; providing for

20         staff, a chairperson, and membership of the

21         task force; providing for organizations that

22         appoint members to pay their expenses;

23         providing duties of the task force; requiring a

24         preliminary and a final report to the Governor

25         and the Legislature; allowing the appointment

26         of auxiliary members; providing a term of

27         service; providing an effective date.

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

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    CS for SB 1822                                 First Engrossed



 1         Section 1.  Subsection (6) of section 415.1045, Florida

 2  Statutes, is amended to read:

 3         415.1045  Photographs, videotapes, and medical

 4  examinations; abrogation of privileged communications;

 5  confidential records and documents.--

 6         (6)  WORKING AGREEMENTS.--By March 1, 2004, the

 7  department shall enter into working agreements with the

 8  jurisdictionally responsible county sheriffs' office or local

 9  police department that will be the lead agency when conducting

10  any criminal investigation arising from an allegation of

11  abuse, neglect, or exploitation of a vulnerable adult. The

12  working agreement must specify how the requirements of this

13  chapter will be met. The Office of Program Policy Analysis and

14  Government Accountability shall conduct a review of the

15  efficacy of the agreements and report its findings to the

16  Legislature by March 1, 2005. For the purposes of such

17  agreement, the jurisdictionally responsible law enforcement

18  entity is authorized to share Florida criminal history and

19  local criminal history information that is not otherwise

20  exempt from s. 119.07(1) with the district personnel. A law

21  enforcement entity entering into such agreement must comply

22  with s. 943.0525. Criminal justice information provided by

23  such law enforcement entity shall be used only for the

24  purposes specified in the agreement and shall be provided at

25  no charge. Notwithstanding any other provision of law, the

26  Department of Law Enforcement shall provide to the department

27  electronic access to Florida criminal justice information

28  which is lawfully available and not exempt from s. 119.07(1),

29  only for the purpose of protective investigations and

30  emergency placement. As a condition of access to such

31  information, the department shall be required to execute an


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    CS for SB 1822                                 First Engrossed



 1  appropriate user agreement addressing the access, use,

 2  dissemination, and destruction of such information and to

 3  comply with all applicable laws and rules of the Department of

 4  Law Enforcement.

 5         Section 2.  Section 415.1102, Florida Statutes, is

 6  amended to read:

 7         415.1102  Adult protection teams.--

 8         (1)  Subject to an appropriation, the department may

 9  develop, maintain, and coordinate the services of one or more

10  multidisciplinary adult protection teams in each of the

11  districts of the department. As used in this section, the term

12  "multidisciplinary adult protection team" means a team of two

13  or more persons who are trained in the prevention,

14  identification, and treatment of abuse of elderly persons, as

15  defined in s. 430.602, or of dependent persons and who are

16  qualified to provide a broad range of services related to

17  abuse of elderly or dependent persons.

18         (2)  Such teams may be composed of, but need not be

19  limited to:

20         (a)  Psychiatrists, psychologists, or other trained

21  counseling personnel;

22         (b)  Police officers or other law enforcement officers;

23         (c)  Medical personnel who have sufficient training to

24  provide health services;

25         (d)  Social workers who have experience or training in

26  preventing the abuse of elderly or dependent persons; and

27         (e)  Public guardians as described in part IX of

28  chapter 744., representatives of appropriate health, mental

29  health, social service, legal service, and law enforcement

30  agencies.

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    CS for SB 1822                                 First Engrossed



 1         (3)  The department shall utilize and convene the teams

 2  to supplement the protective services activities of the

 3  protective services program of the department.

 4         (4)  This section does not prevent a person from

 5  reporting under s. 415.1034 all suspected or known cases of

 6  abuse, neglect, or exploitation of a vulnerable adult. The

 7  role of the teams is to support activities of the protective

 8  services program and to provide services deemed by the teams

 9  to be necessary and appropriate to abused, neglected, and

10  exploited vulnerable adults upon referral. Services must be

11  provided with the consent of the vulnerable adult or that

12  person's guardian, or through court order.

13         (5)  If In all instances in which an adult protection

14  team is providing certain services to abused, neglected, or

15  exploited vulnerable adults, other offices and units of the

16  department shall avoid duplicating the provisions of those

17  services.

18         Section 3.  Given the serious and growing problem of

19  elder abuse, by December 1, 2003, the Department of Children

20  and Family Services shall report to the Legislature on the

21  status of its compliance with all of the recommendations for

22  improvement of the Adult Services Program included in Report

23  No. 03-08 from the Office of Program Planning and Government

24  Accountability. The department shall also analyze and include

25  as part of this report a plan for implementing at least one

26  multidisciplinary adult protection team, as defined in section

27  415.1102, Florida Statutes, in each of its districts.

28         Section 4.  Guardianship Task Force; creation;

29  membership, duties.--

30         (1)  There is created within the Department of Elderly

31  Affairs a Guardianship Task Force. The purpose of the task


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    CS for SB 1822                                 First Engrossed



 1  force is to examine guardianship and incapacity and make

 2  recommendations to the Governor and the Legislature for the

 3  improvement of guardianship and incapacity practice. The

 4  department shall staff the task force. The Secretary of

 5  Elderly Affairs shall appoint the chair of the task force.

 6  Members of the task force shall serve without compensation.

 7  Unless specified otherwise, task force members shall be

 8  appointed by the respective organizations that they represent.

 9         (2)  Members shall serve without compensation. Any

10  member of the committee who is a public employee is entitled

11  to reimbursement for per diem and travel expenses by his or

12  her employer, and the cost of each member's participation must

13  be borne by the organization that appointed the member.

14         (3)  The Guardianship Task Force shall identify the

15  characteristics of Florida guardianship practice. It shall

16  also identify guardianship best practices and recommend

17  specific statutory and other changes for achieving such best

18  practices and for achieving citizen access to quality

19  guardianship services. The task force shall submit a

20  preliminary report to the Governor, the Secretary of Elderly

21  Affairs and the Legislature no later than January 1, 2004, and

22  shall submit a final report no later than January 1, 2005.

23         (4)  The Guardianship Task Force shall consist of 10

24  members as follows: a judge who has experience sitting in

25  guardianship proceedings appointed by the Florida Conference

26  of Circuit Judges, a representative of the Association of

27  Clerks of Court, a professor of law who has experience in

28  elder issues appointed by the Secretary of Elderly Affairs, a

29  representative of the Florida State Guardianship Association,

30  a representative of the Florida Guardianship Foundation, a

31  representative of the Real Property and Probate Section of The


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    CS for SB 1822                                 First Engrossed



 1  Florida Bar, a representative of the Elder Law Section of The

 2  Florida Bar, a professional who has experience in examining

 3  and determining incapacity, a representative of the Florida

 4  Bankers' Association and a citizen/consumer appointed by the

 5  Florida AARP (American Association of Retired Persons).

 6         (5)  The Guardianship Task Force may appoint auxiliary

 7  members based on their expertise to assist the task force in

 8  carrying out its duties.

 9         (6)  The task force is terminated May 6, 2005.

10         Section 5.  This act shall take effect July 1, 2003.

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