HB 1703

CS

CHAMBER ACTION

1	The Committee on Future of Florida's Families recommends the
2	following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to the statewide and local advocacy
8	councils; amending s. 402.164, F.S.; providing
9	definitions; amending s. 402.165, F.S.; requiring the
10	Florida Statewide Advocacy Council to be located in the
11	Executive Office of the Governor; removing the requirement
12	for the Department of Children and Family Services to
13	provide administrative support; revising the membership of
14	the statewide advocacy council; providing priority
15	consideration for certain members; requiring the Governor
16	to select an executive director; providing that such
17	director shall serve at the pleasure of the Governor;
18	removing a restriction on the preparation of the annual
19	budget; requiring the council to consult with the Governor
20	before generating a complaint; revising council duties and
21	responsibilities; directing the council to establish
22	interagency agreements with certain state agencies;
23	requiring copies of certain files, records, and reports to
24	be provided to the council at the agency's expense;
25	amending s. 402.166, F.S.; deleting references to
26	administration by the department; providing clarification
27	for duties performed by a local council; revising the
28	period in which the Governor may approve or disapprove an
29	appointment; removing authority to review certain
30	programs; providing that the local council has the same
31	authority to access records from facilities, programs, and
32	clients as does the statewide advocacy council; amending
33	s. 402.167, F.S.; directing each state agency that
34	provides client services to provide certain information
35	about the statewide advocacy and local councils;
36	transferring the local advocacy councils, certain
37	positions, and a toll-free complaint line by a type two
38	transfer from the Department of Children and Family
39	Services to the Florida Statewide Advocacy Council;
40	directing the department to identify positions; providing
41	an effective date.
42
43	Be It Enacted by the Legislature of the State of Florida:
44
45	Section 1.  Paragraph (b) of subsection (2) of section
46	402.164, Florida Statutes, is amended, and paragraphs (c) and
47	(d) are added to said subsection, to read:
48	402.164  Legislative intent; definitions.--
49	(2)  As used in ss. 402.164-402.167, the term:
50	(b)  "Client services" means services that which are
51	provided to a client by a state agency or a service provider
52	operated, funded, or contracted by the state.
53	(c)  "Council" or "statewide council" means the Florida
54	Statewide Advocacy Council.
55	(d)  "Local council" or "local advocacy council" means a
56	local advocacy council located in this state under the
57	supervision of the Florida Statewide Advocacy Council.
58	Section 2.  Section 402.165, Florida Statutes, is amended
59	to read:
60	402.165  Florida Statewide Advocacy Council; confidential
61	records and meetings.--
62	(1)  The Statewide Human Rights Advocacy Committee within
63	the Department of Children and Family Services is redesignated
64	as The Florida Statewide Advocacy Council shall be located in
65	the Executive Office of the Governor but may be assigned by the
66	Governor for administrative support purposes to any Governor's
67	agency. Members of the council shall represent the interests of
68	clients who are served by state agencies that provide client
69	services. The Department of Children and Family Services shall
70	provide administrative support and service to the statewide
71	council to the extent requested by the executive director within
72	available resources.  The statewide council is not subject to
73	control, supervision, or direction by any state agency providing
74	client services the Department of Children and Family Services
75	in the performance of its duties.  The council shall consist of
76	not fewer than 15 and not more than 20 residents of this state,
77	one from each service area designated by the statewide council,
78	who broadly represent the interests of the public and the
79	clients of the state agencies that provide client services. The
80	members shall be representative of four groups of state
81	residents as follows: a one provider who delivers client
82	services as defined in s. 402.164(2); a two nonsalaried
83	representative representatives of nonprofit agencies or civic
84	groups; a representative four representatives of consumer groups
85	who is are currently receiving, or has have received, one or
86	more client services within the past 4 years, at least one of
87	whom must be a consumer of one or more client services; and two
88	residents of the state who do not represent any of the foregoing
89	groups but may represent a, one of whom represents the health-
90	related profession or professions and one of whom represents the
91	legal profession.  In appointing the representative of a the
92	health-related profession professions, the appointing authority
93	shall give priority of consideration to a physician licensed
94	under chapter 458 or chapter 459; and, in appointing the
95	representative of the legal profession, the appointing authority
96	shall give priority of consideration to a member in good
97	standing of The Florida Bar. Of the remaining members, no more
98	than one shall be an elected official; no more than one shall be
99	a health professional; no more than one shall be a legal
100	professional; no more than one shall be a provider; no more than
101	two shall be nonsalaried representatives of nonprofit agencies
102	or civic groups; and no more than one shall be an individual
103	whose primary area of interest, experience, or expertise is a
104	major client group of a client services group that is not
105	represented on the council at the time of appointment. Except
106	for the member who is an elected public official, each member of
107	the statewide council must be given priority consideration if he
108	or she has have served as a member of a Florida advocacy
109	council, with priority consideration given to an applicant who
110	has served a full term on a local council.  Persons related to
111	each other by consanguinity or affinity within the third degree
112	may not serve on the statewide council at the same time.
113	(2)  Members of the statewide council shall be appointed to
114	serve terms of 4 years. A member may not serve more than two
115	full consecutive terms.
116	(3)  If a member of the statewide council fails to attend
117	two-thirds of the regular council meetings during the course of
118	a year, the position held by the member may be deemed vacant by
119	the council.  The Governor shall fill the vacancy according
120	pursuant to subsection (4). If a member of the statewide council
121	violates this section or procedures adopted under this section,
122	the council may recommend to the Governor that the member be
123	removed.
124	(4)  The Governor may shall fill a each vacancy on the
125	statewide council from a list of nominees submitted by the
126	statewide council or appoint any qualified person. A list of
127	candidates may be submitted to the statewide council by the
128	local council in the service area from which the vacancy occurs.
129	Priority of consideration shall be given to the appointment of
130	an individual who is receiving one or more client services and
131	whose primary interest, experience, or expertise lies with a
132	major client group that is not represented on the council at the
133	time of the appointment.  If an appointment is not made within
134	60 days after a vacancy occurs on the statewide council, the
135	vacancy may be filled by a majority vote of the statewide
136	council without further action by the Governor. A person who is
137	employed by any state agency in client services may not be
138	appointed to the statewide council.
139	(5)(a)  Members of the statewide council shall receive no
140	compensation, but are entitled to be reimbursed for per diem and
141	travel expenses in accordance with s. 112.061.
142	(b)  The Governor council shall select an executive
143	director who shall serve at the pleasure of the Governor council
144	and shall perform the duties delegated to him or her by the
145	council.  The compensation of the executive director and staff
146	shall be established in accordance with the rules of the
147	Selected Exempt Service.
148	(c)  The council may apply for, receive, and accept grants,
149	gifts, donations, bequests, and other payments including money
150	or property, real or personal, tangible or intangible, and
151	service from any governmental or other public or private entity
152	or person and make arrangements as to the use of same.
153	(d)  The statewide council shall annually prepare a budget
154	request that, is not to be changed by department staff after it
155	is approved by the council, but shall be submitted to the
156	Governor for transmittal to the Legislature.  The budget shall
157	include a request for funds to carry out the activities of the
158	statewide council and the local councils.
159	(6)  The members of the statewide council shall elect a
160	chair and a vice chair to terms of 1 year.  A person may not
161	serve as chair or vice chair for more than two full consecutive
162	terms.
163	(7)  The responsibilities of the statewide council include,
164	but are not limited to:
165	(a)  Serving as an independent third-party mechanism for
166	protecting the constitutional and human rights of clients within
167	programs or facilities operated, funded, or contracted by any
168	state agency that provides client services.
169	(b)  Monitoring, by site visit and inspection of records,
170	the delivery and use of services, programs, or facilities
171	operated, funded, or contracted by any state agency that
172	provides client services, for the purpose of preventing abuse or
173	deprivation of the constitutional and human rights of clients.
174	The statewide council may conduct an unannounced site visit or
175	monitoring visit that involves the inspection of records if the
176	visit is conditioned upon a complaint.  A complaint may be
177	generated by the council itself, after consulting with the
178	Governor's office, if information from any state agency that
179	provides client services or from other sources indicates a
180	situation at the program or facility that indicates possible
181	abuse or neglect or deprivation of the constitutional and human
182	rights of clients.  The statewide council shall establish and
183	follow uniform criteria for the review of information and
184	generation of complaints. Routine program monitoring and reviews
185	that do not require an examination of records may be made
186	unannounced.
187	(c)  Receiving, investigating, and resolving reports of
188	abuse or deprivation of constitutional and human rights referred
189	to the statewide council by a local council.  If a matter
190	constitutes a threat to the life, safety, or health of clients
191	or is multiservice area multidistrict in scope, the statewide
192	council may exercise its such powers without the necessity of a
193	referral from a local council.
194	(d)  Reviewing existing programs or services and new or
195	revised programs of the state agencies that provide client
196	services and making recommendations as to how the rights of
197	clients are affected.
198	(e)  Submitting an annual report to the Legislature, no
199	later than December 30 of each calendar year, concerning
200	activities, recommendations, and complaints reviewed or
201	developed by the council during the year.
202	(f)  Conducting meetings at least six times a year at the
203	call of the chair and at other times at the call of the Governor
204	or by written request of six members of the council.
205	(g)  Developing and adopting uniform procedures to be used
206	to carry out the purpose and responsibilities of the statewide
207	council and the local councils, which procedures shall include,
208	but need not be limited to, the following:
209	1.  The responsibilities of the statewide council and the
210	local councils;
211	2.  The organization and operation of the statewide council
212	and the local councils, including procedures for replacing a
213	member, formats for maintaining records of council activities,
214	and criteria for determining what constitutes a conflict of
215	interest for purposes of assigning and conducting investigations
216	and monitoring;
217	3.  Uniform procedures for the statewide council and the
218	local councils relating to receiving and investigating reports
219	of abuse or deprivation of constitutional or human rights;
220	4.  The responsibilities and relationship of the local
221	councils to the statewide council;
222	5.  The relationship of the statewide council to the state
223	agencies that receive and investigate reports of abuse and
224	neglect of clients of state agencies, including the way in which
225	reports of findings and recommendations related to reported
226	abuse or neglect are given to the appropriate state agency that
227	provides client services;
228	6.  Provision for cooperation with the State Long-Term Care
229	Ombudsman Council;
230	7.  Procedures for appeal.  An appeal to the statewide
231	council is made by a local council when a valid complaint is not
232	resolved at the local level. The statewide council may appeal an
233	unresolved complaint to the secretary or director of the
234	appropriate state agency that provides client services. If,
235	after exhausting all remedies, the statewide council is not
236	satisfied that the complaint can be resolved within the state
237	agency, the appeal may be referred to the Governor;
238	8.  Uniform procedures for gaining access to and
239	maintaining confidential information; and
240	9.  Definitions of misfeasance and malfeasance for members
241	of the statewide council and local councils.
242	(h)  Supervising the operations of the local councils and
243	monitoring the performance and activities of all local councils
244	and providing technical assistance to members and staff of local
245	councils.
246	(i)  Providing for the development and presentation of a
247	standardized training program for members of local councils.
248	(j)  Developing and maintaining interagency agreements
249	between the council and the state agencies providing client
250	services. The interagency agreements shall address the
251	coordination of efforts and identify the roles and
252	responsibilities of the statewide and local councils and each
253	agency in fulfillment of their responsibilities, including
254	access to records.
255	(8)(a)  In the performance of its duties, the statewide
256	council shall have:
257	1.  Authority to receive, investigate, seek to conciliate,
258	hold public hearings on, and act on complaints that allege any
259	abuse or deprivation of constitutional or human rights of
260	persons who receive client services from any state agency.
261	2.  Access to all client records, files, and reports from
262	any program, service, or facility that is operated, funded, or
263	contracted by any state agency that provides client services and
264	any records that are material to its investigation and are in
265	the custody of any other agency or department of government.
266	The council's investigation or monitoring shall not impede or
267	obstruct matters under investigation by law enforcement agencies
268	or judicial authorities.  Access shall not be granted if a
269	specific procedure or prohibition for reviewing records is
270	required by federal law and regulation that supersedes state
271	law. Access shall not be granted to the records of a private
272	licensed practitioner who is providing services outside the
273	state agency, or outside a state facility, and whose client is
274	competent and refuses disclosure.
275	3.  Standing to petition the circuit court for access to
276	client records that are confidential as specified by law. The
277	petition shall state the specific reasons for which the council
278	is seeking access and the intended use of such information. The
279	circuit court may authorize council access to the such records
280	upon a finding that such access is directly related to an
281	investigation regarding the possible deprivation of
282	constitutional or human rights or the abuse of a client.
283	Original client files, agency records, and reports may shall not
284	be removed from a state agency, but copies shall be provided to
285	the council and the local councils at the agency's expense.
286	Under no circumstance shall the council have access to
287	confidential adoption records once the adoption is finalized by
288	a court in accordance with ss. 39.0132, 63.022, and 63.162.
289	Upon completion of a general investigation of practices and
290	procedures of a state agency, the statewide council shall report
291	its findings to that agency.
292	(b)  All information obtained or produced by the statewide
293	council that is made confidential by law, that relates to the
294	identity of any client or group of clients subject to the
295	protections of this section, or that relates to the identity of
296	an individual who provides information to the council about
297	abuse or about alleged violations of constitutional or human
298	rights, is confidential and exempt from s. 119.07(1) and s.
299	24(a), Art. I of the State Constitution.
300	(c)  Portions of meetings of the statewide council that
301	relate to the identity of any client or group of clients subject
302	to the protections of this section, that relate to the identity
303	of an individual who provides information to the council about
304	abuse or about alleged violations of constitutional or human
305	rights, or wherein testimony is provided relating to records
306	otherwise made confidential by law, are exempt from s. 286.011
307	and s. 24(b), Art. I of the State Constitution.
308	(d)  All records prepared by members of the statewide
309	council that reflect a mental impression, investigative
310	strategy, or theory are exempt from s. 119.07(1) and s. 24(a),
311	Art. I of the State Constitution until the investigation is
312	completed or until the investigation ceases to be active. For
313	purposes of this section, an investigation is considered
314	"active" while the such investigation is being conducted by the
315	statewide council with a reasonable, good faith belief that it
316	may lead to a finding of abuse or of a violation of human
317	rights.  An investigation does not cease to be active so long as
318	the statewide council is proceeding with reasonable dispatch and
319	there is a good faith belief that action may be initiated by the
320	council or other administrative or law enforcement agency.
321	(e)  Any person who knowingly and willfully discloses any
322	such confidential information commits a misdemeanor of the
323	second degree, punishable as provided in s. 775.082 or s.
324	775.083.
325	Section 3.  Section 402.166, Florida Statutes, is amended
326	to read:
327	402.166  Florida local advocacy councils; confidential
328	records and meetings.--
329	(1)  Each district human rights advocacy committee within
330	each service area of the Department of Children and Family
331	Services is redesignated as the Florida Local Advocacy Council.
332	The local councils are subject to direction from and the
333	supervision of the statewide council. The statewide council
334	Department of Children and Family Services shall assign staff to
335	provide administrative support to the local councils, and staff
336	assigned to these positions shall perform the functions required
337	by the local councils without interference from the department.
338	The local councils shall direct the activities of staff assigned
339	to them to the extent necessary for the local councils to carry
340	out their duties. The number and areas of responsibility of the
341	local councils, not to exceed 46 councils statewide, shall be
342	determined by the statewide council and shall be consistent with
343	judicial circuit boundaries. Local councils shall meet at
344	facilities under their jurisdiction whenever possible.
345	(2)  Each local council shall have no fewer than 7 members
346	and no more than 15 members, no more than 4 of whom are or have
347	been recipients of one or more client services within the last 4
348	years, except that one member of this group may be an immediate
349	relative or legal representative of a current or former client;
350	two providers who deliver client services as defined in s.
351	402.164(2); and two representatives of professional
352	organizations, one of whom represents the health-related
353	professions and one of whom represents the legal profession.
354	Priority of consideration shall be given to the appointment of
355	at least one medical or osteopathic physician, as defined in
356	chapters 458 and 459, and one member in good standing of The
357	Florida Bar. Priority of consideration shall also be given to
358	the appointment of an individual who is receiving client
359	services and whose primary interest, experience, or expertise
360	lies with a major client group not represented on the local
361	council at the time of the appointment.  A person who is
362	employed in client services by any state agency may not be
363	appointed to the local council. No more than three individuals
364	who are providing contracted services for clients to any state
365	agency may serve on the same local council at the same time.
366	Persons related to each other by consanguinity or affinity
367	within the third degree may not serve on the same local council
368	at the same time. All members of local councils must
369	successfully complete a standardized training course for local
370	council members within 3 months after their appointment to a
371	local council.  A member may not be assigned to an investigation
372	that requires access to confidential information prior to the
373	completion of the training course.  After he or she completes
374	the required training course, a member of a local council may
375	not be prevented from participating in any activity of that
376	local council, including investigations and monitoring, except
377	due to a conflict of interest as described in the procedures
378	established by the statewide council under pursuant to
379	subsection (7).
380	(3)(a)  With respect to existing local councils, each
381	member shall serve a term of 4 years.  Upon expiration of a term
382	and in the case of any other vacancy, the local council shall
383	appoint a replacement by majority vote of the local council,
384	subject to the approval of the Governor.  A member may serve no
385	more than two full consecutive terms.
386	(b)1.  The Governor shall appoint the first four members of
387	any newly created local council; and those four members shall
388	select the remaining members, subject to approval of the
389	Governor.  If any of the first four members are not appointed
390	within 60 days after a request is submitted to the Governor,
391	those members may be appointed by a majority vote of the
392	statewide council without further action by the Governor.
393	2.  Members shall serve for no more than two full
394	consecutive terms of 4 years, except that at the time of initial
395	appointment, terms shall be staggered so that approximately one-
396	half of the members first appointed shall serve for terms of 4
397	years and the remaining members shall serve for terms of 2
398	years.  Vacancies shall be filled as provided in subparagraph 1.
399	(c)  If no action is taken by the Governor to approve or
400	disapprove a replacement of a member under pursuant to this
401	subsection within 60 30 days after the local council has
402	notified the Governor of the appointment, then the appointment
403	of the replacement may be considered approved by the Governor
404	statewide council.
405	(4)  Each local council shall elect a chair and a vice
406	chair for a term of 1 year. A person may not serve as chair or
407	vice chair for more than two consecutive terms.  The chair's and
408	vice chair's terms expire on September 30 of each year.
409	(5)  If a local council member fails to attend two-thirds
410	of the regular local council meetings during the course of a
411	year, the local council may replace the member.  If a member of
412	a local council violates this section or procedures adopted
413	under this section, the local council may recommend to the
414	Governor that the member be removed.
415	(6)  A member of a local council shall receive no
416	compensation but is entitled to be reimbursed for per diem and
417	travel expenses as provided in s. 112.061.  Members may be
418	provided reimbursement for long-distance telephone calls if the
419	such calls were necessary to an investigation of an abuse or
420	deprivation of constitutional or human rights.
421	(7)  A local council shall first seek to resolve a
422	complaint with the appropriate local administration, agency, or
423	program; any matter not resolved by the local council shall be
424	referred to the statewide council. A local council shall comply
425	with appeal procedures established by the statewide council.
426	The duties, actions, and procedures of both new and existing
427	local councils shall conform to ss. 402.164-402.167.  The duties
428	of each local council shall include, but are not limited to:
429	(a)  Serving as an independent third-party mechanism for
430	protecting the constitutional and human rights of any client
431	within a program or facility operated, funded, or contracted by
432	a state agency providing client services in the local service
433	area.
434	(b)  Monitoring by site visit and inspection of records the
435	delivery and use of services, programs, or facilities operated,
436	funded, or contracted by a state agency that provides client
437	services, for the purpose of preventing abuse or deprivation of
438	the constitutional and human rights of clients.  A local council
439	may conduct an unannounced site visit or monitoring visit that
440	involves the inspection of records if the visit is conditioned
441	upon a complaint.  A complaint may be generated by the council
442	itself if information from a state agency that provides client
443	services or from other sources indicates a situation at the
444	program or facility that indicates possible abuse or neglect or
445	deprivation of constitutional and human rights of clients.  The
446	local council shall follow uniform criteria established by the
447	statewide council for the review of information and generation
448	of complaints.  Routine program monitoring and reviews that do
449	not require an examination of records may be made unannounced.
450	(c)  Receiving, investigating, and resolving reports of
451	abuse or deprivation of constitutional and human rights by a
452	state agency or contracted service provider in the local service
453	area.
454	(d)  Reviewing and making recommendations regarding how a
455	client's constitutional or human rights might be affected by the
456	client's participation in a proposed research project, prior to
457	implementation of the project.
458	(e)  Reviewing existing programs and proposed new or
459	revised programs of client services and making recommendations
460	as to how these programs and services affect or might affect the
461	constitutional or human rights of clients.
462	(e)(f)  Appealing to the statewide council any complaint
463	unresolved at the local level.  Any matter that constitutes a
464	threat to the life, safety, or health of a client or is
465	multidistrict in scope shall automatically be referred to the
466	statewide council.
467	(f)(g)  Submitting an annual report by September 30 to the
468	statewide council concerning activities, recommendations, and
469	complaints reviewed or developed by the local council during the
470	year.
471	(g)(h)  Conducting meetings at least six times a year at
472	the call of the chair and at other times at the call of the
473	Governor, at the call of the statewide council, or by written
474	request of a majority of the members of the local council.
475	(8)(a)  In the performance of its duties, a local council
476	shall have the same authority to access client records, state
477	agency files, reports from any program or service, records of
478	contractors and providers, and records from any facility
479	operated, funded, or under contract with a state agency as
480	specified in s. 402.165(8)(a):
481	1.  Access to all client records, files, and reports from
482	any program, service, or facility that is operated, funded, or
483	contracted by any state agency that provides client services and
484	any records that are material to its investigation and are in
485	the custody of any other agency or department of government.
486	The council's investigation or monitoring shall not impede or
487	obstruct matters under investigation by law enforcement agencies
488	or judicial authorities. Access shall not be granted if a
489	specific procedure or prohibition for reviewing records is
490	required by federal law and regulation that supersedes state
491	law.  Access shall not be granted to the records of a private
492	licensed practitioner who is providing services outside state
493	agencies and facilities and whose client is competent and
494	refuses disclosure.
495	2.  Standing to petition the circuit court for access to
496	client records that are confidential as specified by law.  The
497	petition shall state the specific reasons for which the council
498	is seeking access and the intended use of such information.  The
499	court may authorize access to such records upon a finding that
500	such access is directly related to an investigation regarding
501	the possible deprivation of constitutional or human rights or
502	the abuse of a client.  Original client files, records, and
503	reports shall not be removed from a state agency.  Upon no
504	circumstances shall the council have access to confidential
505	adoption records once the adoption is finalized in court in
506	accordance with ss. 39.0132, 63.022, and 63.162. Upon completion
507	of a general investigation of practices and procedures followed
508	by a state agency in providing client services, the council
509	shall report its findings to the appropriate state agency.
510	(b)  All information obtained or produced by a local
511	council that is made confidential by law, that relates to the
512	identity of any client or group of clients subject to the
513	protection of this section, or that relates to the identity of
514	an individual who provides information to the local council
515	about abuse or about alleged violations of constitutional or
516	human rights, is confidential and exempt from s. 119.07(1) and
517	s. 24(a), Art. I of the State Constitution.
518	(c)  Portions of meetings of a local council that relate to
519	the identity of any client or group of clients subject to the
520	protections of this section, that relate to the identity of an
521	individual who provides information to the local council about
522	abuse or about alleged violations of constitutional or human
523	rights, or when wherein testimony is provided relating to
524	records otherwise made confidential by law, are exempt from s.
525	286.011 and s. 24(b), Art. I of the State Constitution.
526	(d)  All records prepared by members of a local council
527	that reflect a mental impression, investigative strategy, or
528	theory are exempt from s. 119.07(1) and s. 24(a), Art. I of the
529	State Constitution until the investigation is completed or until
530	the investigation ceases to be active. For purposes of this
531	section, an investigation is considered "active" while the such
532	investigation is being conducted by a local council with a
533	reasonable, good faith belief that it may lead to a finding of
534	abuse or of a violation of constitutional or human rights.  An
535	investigation does not cease to be active so long as the local
536	council is proceeding with reasonable dispatch and there is a
537	good faith belief that action may be initiated by the local
538	council or other administrative or law enforcement agency.
539	(e)  Any person who knowingly and willfully discloses any
540	such confidential information commits a misdemeanor of the
541	second degree, punishable as provided in s. 775.082 or s.
542	775.083.
543	Section 4.  Section 402.167, Florida Statutes, is amended
544	to read:
545	402.167  Duties of state agencies that provide client
546	services relating to the Florida Statewide Advocacy Council and
547	the Florida local advocacy councils.--
548	(1)  Each state agency that provides client services shall
549	adopt rules that are consistent with law, amended to reflect any
550	statutory changes, and that address at least the following:
551	(a)  Procedures by which staff of state agencies refer
552	reports of abuse of clients to the Florida local advocacy
553	councils.
554	(b)  Procedures by which client information is made
555	available to members of the Florida Statewide Advocacy Council
556	and the Florida local advocacy councils.
557	(c)  Procedures by which recommendations made by the
558	statewide and local councils will be incorporated into policies
559	and procedures of the state agencies.
560	(2)  The Department of Children and Family Services shall
561	provide for the location of local councils in area offices and
562	shall provide necessary equipment and office supplies,
563	including, but not limited to, clerical and word processing
564	services, photocopiers, telephone services, and stationery and
565	other necessary supplies, and shall establish the procedures by
566	which council members are reimbursed for authorized
567	expenditures.
568	(3)  The secretaries or directors of the state agencies
569	shall ensure the full cooperation and assistance of employees of
570	their respective state agencies with members and staff of the
571	statewide and local councils. The secretary or director of each
572	state agency providing client services shall notify its
573	contract, service, and treatment providers of the powers,
574	duties, and responsibilities of the statewide and local
575	councils. Further, the Secretary of Children and Family Services
576	shall ensure that, to the extent possible, staff assigned to the
577	statewide council and local councils are free of interference
578	from or control by the department in performing their duties
579	relative to those councils.
580	Section 5.  The local councils, 6 full-time equivalent
581	staff positions, and the council's toll-free complaint line are
582	transferred by a type two transfer, under s. 20.06, Florida
583	Statutes, from the Department of Children and Family Services to
584	the Florida Statewide Advocacy Council. The Department of
585	Children and Family Services is directed to identify 6 full-time
586	equivalent General Revenue funded positions.
587	Section 6.  This act shall take effect October 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.