Florida Senate - 2011                                    SB 2146
       By the Committee on Budget
       576-03563-11                                          20112146__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Children and
    3         Family Services; reordering and amending s. 39.903,
    4         F.S.; revising provisions relating to the department’s
    5         duties with respect to domestic violence; providing
    6         that annual certification of domestic violence centers
    7         depends on a favorable review by the Florida Coalition
    8         Against Domestic Violence; authorizing the coalition
    9         to enter and inspect centers for monitoring purposes;
   10         requiring the department to contract with the
   11         coalition for the management of domestic violence
   12         service delivery and the monitoring of centers;
   13         requiring the department to contract with the Florida
   14         Council Against Sexual Violence with respect to the
   15         STOP Violence Against Women Grant Program; requiring
   16         the department to be the lead agency for grant
   17         application and for coordinating the state STOP
   18         Program implementation plan with input from the
   19         coalition; deleting the requirement that the
   20         department serve as an information clearinghouse on
   21         information relating to domestic violence and provide
   22         educational programs on domestic violence; amending s.
   23         39.904, F.S.; revising the annual report to the
   24         Legislature on domestic violence to place
   25         responsibility for the report on the coalition and to
   26         revise the content of the report; amending s. 39.905,
   27         F.S.; revising provisions relating to the
   28         certification of domestic violence centers; providing
   29         that the grant, denial, suspension, or revocation of
   30         certification is not an administrative action subject
   31         to ch. 120, F.S.; amending ss. 381.006, 381.0072,
   32         741.281, 741.2902, and 741.316, F.S.; conforming
   33         provisions to changes made by the act; amending s.
   34         741.32, F.S.; deleting the requirement that batterers’
   35         intervention programs be certified; amending s.
   36         741.325, F.S.; providing requirements for batterers’
   37         programs; repealing s. 741.327, F.S., relating to the
   38         certification and monitoring of batterers’
   39         intervention programs; amending s. 938.01, F.S.;
   40         conforming a cross-reference; amending s. 948.038,
   41         F.S.; conforming provisions to changes made by the
   42         act; amending s. 394.908, F.S.; directing funding
   43         appropriated for forensic mental health treatment
   44         services to state areas with the greatest demand;
   45         amending ss. 394.76 and 397.321, F.S.; authorizing the
   46         department to terminate contracts if funding becomes
   47         unavailable; creating s. 409.16713, F.S.; defining
   48         terms; providing for the allocation of funding for
   49         community-based care lead agencies; providing an
   50         effective date.
   52  Be It Enacted by the Legislature of the State of Florida:
   54         Section 1. Section 39.903, Florida Statutes, is reordered
   55  and amended to read:
   56         39.903 Duties and functions of the department with respect
   57  to domestic violence.—
   58         (3)(1) The department shall:
   59         (a) Develop by rule criteria for the approval or rejection
   60  of domestic violence centers applying for initial certification
   61  after July 1, 2011 certification or funding of domestic violence
   62  centers.
   63         (b) Develop by rule minimum standards for domestic violence
   64  centers to ensure the health and safety of the clients in the
   65  centers.
   66         (c) Receive and approve or reject applications for the
   67  initial certification of domestic violence centers.
   68  Certification shall thereafter be renewed annually by the
   69  department upon receipt of a favorable monitoring report from
   70  the Florida Coalition Against Domestic Violence. If any of the
   71  required services are exempted from certification by the
   72  department under s. 39.905(1)(c), the center may shall not
   73  receive funding for those services from the coalition.
   74         (d) Evaluate each certified domestic violence center
   75  annually to ensure compliance with the minimum standards. The
   76  department has the right to enter and inspect the premises of
   77  certified domestic violence centers applying for initial
   78  certification on or after July 1, 2011, in order at any
   79  reasonable hour in order to effectively evaluate the center’s
   80  the state of compliance with minimum standards of these centers
   81  with this part and rules relating to this part. The Florida
   82  Coalition Against Domestic Violence also has the right to enter
   83  and inspect the premises of certified domestic violence centers
   84  for monitoring purposes.
   85         (e) Adopt rules to implement this part.
   86         (f) Promote the involvement of certified domestic violence
   87  centers in the coordination, development, and planning of
   88  domestic violence programming in the circuits districts and the
   89  state.
   90         (2) The department shall serve as a clearinghouse for
   91  information relating to domestic violence.
   92         (1)(3) The department shall operate the domestic violence
   93  program and enter into a partnership with the Florida Coalition
   94  Against Domestic Violence to coordinate and administer, which
   95  provides supervision, direction, coordination, and
   96  administration of statewide activities related to the prevention
   97  of domestic violence.
   98         (4) The department shall coordinate with state health,
   99  education, and criminal justice agencies in efforts to raise
  100  awareness about domestic violence and promote consistent policy
  101  development and implementation enlist the assistance of public
  102  and voluntary health, education, welfare, and rehabilitation
  103  agencies in a concerted effort to prevent domestic violence and
  104  to treat persons engaged in or subject to domestic violence.
  105  With the assistance of these agencies, the department, within
  106  existing resources, shall formulate and conduct a research and
  107  evaluation program on domestic violence. Efforts on the part of
  108  these agencies to obtain relevant grants to fund this research
  109  and evaluation program must be supported by the department.
  110         (5) The department shall be the lead agency for applying
  111  for relevant federal grants and coordinating the state STOP
  112  Violence Against Women Grant Program implementation plan to
  113  increase services to victims and strengthen perpetrator
  114  accountability. The department shall seek input from the Florida
  115  Coalition Against Domestic Violence and the Florida Council
  116  Against Sexual Violence in developing the STOP implementation
  117  plan.
  118         (5) The department shall develop and provide educational
  119  programs on domestic violence for the benefit of the general
  120  public, persons engaged in or subject to domestic violence,
  121  professional persons, or others who care for or may be engaged
  122  in the care and treatment of persons engaged in or subject to
  123  domestic violence.
  124         (6) The department shall cooperate with, assist in, and
  125  participate in, programs of other properly qualified state
  126  agencies, federal agencies, private organizations including any
  127  agency of the Federal Government, schools of medicine,
  128  hospitals, and clinics, in planning and conducting research on
  129  the prevention of domestic violence and the provision of
  130  services to clients, care, treatment, and rehabilitation of
  131  persons engaged in or subject to domestic violence.
  132         (2)(7) The department shall contract with the Florida
  133  Coalition Against Domestic Violence, the a statewide association
  134  whose primary purpose is to represent and provide technical
  135  assistance to certified domestic violence centers, for the
  136  management of service delivery under the state’s domestic
  137  violence program. Services under this contract also include, but
  138  are not limited to, administration of contracts and grants
  139  associated with the STOP Violence Against Women Grant Program
  140  implementation plan and the implementation of other federal
  141  grants as directed by the department. As part of its management
  142  of service delivery, the coalition This association shall
  143  implement, administer, and evaluate all services provided by the
  144  certified domestic violence centers;. The association shall
  145  receive and approve or reject applications for funding of
  146  certified domestic violence centers; and evaluate domestic
  147  violence centers to determine compliance with minimum
  148  certification standards. When approving funding for a newly
  149  certified domestic violence center, the association shall make
  150  every effort to minimize any adverse economic impact on existing
  151  certified domestic violence centers or services provided within
  152  the same service area. In order to minimize duplication of
  153  services, the association shall make every effort to encourage
  154  subcontracting relationships with existing certified domestic
  155  violence centers within the same service area. In distributing
  156  funds allocated by the Legislature for certified domestic
  157  violence centers, the association shall use a formula approved
  158  by the department as specified in s. 39.905(7)(a). The
  159  department shall also contract with the Florida Council Against
  160  Sexual Violence, the statewide association whose primary purpose
  161  is to represent and provide technical assistance to certified
  162  rape crisis centers, relating to contracts and grants associated
  163  with the implementation of the state’s STOP Violence Against
  164  Women Grant Program.
  165         (7) The department shall consider and award applications
  166  for capital improvement grants pursuant to s. 39.9055.
  167         Section 2. Section 39.904, Florida Statutes, is amended to
  168  read:
  169         39.904 Report to the Legislature on the status of domestic
  170  violence cases.—On or before January 1 of each year, the Florida
  171  Coalition Against Domestic Violence department shall furnish to
  172  the President of the Senate and the Speaker of the House of
  173  Representatives a report on the status of domestic violence in
  174  this state, which report must shall include, but is not limited
  175  to, the following:
  176         (1) The incidence of domestic violence in this state.
  177         (2) The An identification of those the areas of the state
  178  where there is a significant proportion of domestic violence
  179  cases is of significant proportions, indicating the number of
  180  cases of domestic violence officially reported, as well as an
  181  assessment of the degree of unreported cases of domestic
  182  violence.
  183         (3) An identification and description of the types of
  184  programs in the state that assist victims of domestic violence
  185  or persons who commit domestic violence, including information
  186  on funding for the programs.
  187         (4) The number of persons who receive services from are
  188  treated by or assisted by local certified domestic violence
  189  programs that receive funding through the coalition department.
  190         (5) The incidence of domestic violence homicides in the
  191  state, including information and data collected from state and
  192  local domestic violence fatality review teams.
  193         (5) A statement on the effectiveness of such programs in
  194  preventing future domestic violence.
  195         (6) An inventory and evaluation of existing prevention
  196  programs.
  197         (7) A listing of potential prevention efforts identified by
  198  the department; the estimated annual cost of providing such
  199  prevention services, both for a single client and for the
  200  anticipated target population as a whole; an identification of
  201  potential sources of funding; and the projected benefits of
  202  providing such services.
  203         Section 3. Section 39.905, Florida Statutes, is amended to
  204  read:
  205         39.905 Domestic violence centers.—
  206         (1) Domestic violence centers certified under this part
  207  must:
  208         (a) Provide a facility that which will serve as a center to
  209  receive and house persons who are victims of domestic violence.
  210  For the purpose of this part, minor children and other
  211  dependents of a victim, who when such dependents are partly or
  212  wholly dependent on the victim for support or services, may be
  213  sheltered with the victim in a domestic violence center.
  214         (b) Receive the annual written endorsement of local law
  215  enforcement agencies.
  216         (c) Provide minimum services that which include, but are
  217  not limited to, information and referral services, counseling
  218  and case management services, temporary emergency shelter for
  219  more than 24 hours, a 24-hour hotline, training for law
  220  enforcement personnel, assessment and appropriate referral of
  221  resident children, and educational services for community
  222  awareness relative to the incidence of domestic violence, the
  223  prevention of such violence, and services the care, treatment,
  224  and rehabilitation for persons engaged in or subject to domestic
  225  violence. If a 24-hour hotline, professional training, or
  226  community education is already provided by a certified domestic
  227  violence center within the center’s designated service area a
  228  district, the department may exempt such certification
  229  requirements for a new center serving the same service area
  230  district in order to avoid duplication of services.
  231         (d) Participate in the provision of orientation and
  232  training programs developed for law enforcement officers, social
  233  workers, and other professionals and paraprofessionals who work
  234  with domestic violence victims to better enable such persons to
  235  deal effectively with incidents of domestic violence.
  236         (e) Establish and maintain a board of directors composed of
  237  at least three citizens, one of whom must be a member of a
  238  local, municipal, or county law enforcement agency.
  239         (f) Comply with rules adopted pursuant to this part.
  240         (g) File with the Florida Coalition Against Domestic
  241  Violence department a list of the names of the domestic violence
  242  advocates who are employed or who volunteer at the domestic
  243  violence center who may claim a privilege under s. 90.5036 to
  244  refuse to disclose a confidential communication between a victim
  245  of domestic violence and the advocate regarding the domestic
  246  violence inflicted upon the victim. The list must include the
  247  title of the position held by the advocate whose name is listed
  248  and a description of the duties of that position. A domestic
  249  violence center must file amendments to this list as necessary.
  250         (h) Demonstrate local need and ability to sustain
  251  operations through a history of 18 consecutive months’ operation
  252  as a domestic violence center, including 12 months’ operation of
  253  an emergency shelter as provided in paragraph (c), and a
  254  business plan which addresses future operations and funding of
  255  future operations.
  256         (i) If the its center is a new center applying for initial
  257  certification, demonstrate that the services provided address a
  258  need identified in the most current statewide needs assessment
  259  approved by the department. If the center applying for initial
  260  certification is in an area where a certified domestic violence
  261  center already exists, it must demonstrate that there is an
  262  unmet need not being provided by the existing center and
  263  describe efforts to avoid duplication of services.
  264         (2) If the department finds that there is failure by a
  265  center to comply with the requirements established under this
  266  part or with the rules adopted pursuant thereto, the department
  267  may deny, suspend, or revoke the certification of the center.
  268  The grant, denial, suspension, or revocation of certification
  269  does not constitute agency action under chapter 120.
  270         (3) The annual certificate expires on December 31 unless
  271  certification was temporarily extended to allow the center to
  272  implement corrective action plans shall automatically expire on
  273  the termination date shown on the certificate.
  274         (4) The domestic violence centers shall establish
  275  procedures pursuant to which persons subject to domestic
  276  violence may voluntarily seek services from the these centers
  277  voluntarily.
  278         (5) Domestic violence centers may be established throughout
  279  the state if when private, local, state, or federal funds are
  280  available and a need is demonstrated.
  281         (6) In order to receive state funds, a center must:
  282         (a) Obtain certification pursuant to this part. However,
  283  the issuance of a certificate does will not obligate the Florida
  284  Coalition Against Domestic Violence department to provide
  285  funding.
  286         (b) Receive at least 25 percent of its funding from one or
  287  more local, municipal, or county sources, public or private.
  288  Contributions in kind, whether materials, commodities,
  289  transportation, office space, other types of facilities, or
  290  personal services, may be evaluated and counted as part of the
  291  required local funding.
  292         (7)(a) All funds collected and appropriated to the domestic
  293  violence program for certified domestic violence centers shall
  294  be distributed annually according to an allocation formula
  295  approved by the department. In developing the formula, the
  296  factors of population, rural characteristics, geographical area,
  297  and the incidence of domestic violence shall be considered.
  298         (8)(b) A contract between the Florida Coalition Against
  299  Domestic Violence statewide association and a certified domestic
  300  violence center must shall contain provisions ensuring assuring
  301  the availability and geographic accessibility of services
  302  throughout the center’s service area district. For this purpose,
  303  a center may distribute funds through subcontracts or to center
  304  satellites if, provided such arrangements and any subcontracts
  305  are approved by the Florida Coalition Against Domestic Violence
  306  statewide association.
  307         Section 4. Subsection (18) of section 381.006, Florida
  308  Statutes, is amended to read:
  309         381.006 Environmental health.—The department shall conduct
  310  an environmental health program as part of fulfilling the
  311  state’s public health mission. The purpose of this program is to
  312  detect and prevent disease caused by natural and manmade factors
  313  in the environment. The environmental health program shall
  314  include, but not be limited to:
  315         (18) A food service inspection function for domestic
  316  violence centers that are certified and monitored by the
  317  Department of Children and Family Services under part XIII of
  318  chapter 39 and group care homes as described in subsection (16),
  319  which shall be conducted annually and be limited to the
  320  requirements in department rule applicable to community-based
  321  residential facilities with five or fewer residents.
  323  The department may adopt rules to carry out the provisions of
  324  this section.
  325         Section 5. Paragraph (b) of subsection (1) of section
  326  381.0072, Florida Statutes, is amended to read:
  327         381.0072 Food service protection.—It shall be the duty of
  328  the Department of Health to adopt and enforce sanitation rules
  329  consistent with law to ensure the protection of the public from
  330  food-borne illness. These rules shall provide the standards and
  331  requirements for the storage, preparation, serving, or display
  332  of food in food service establishments as defined in this
  333  section and which are not permitted or licensed under chapter
  334  500 or chapter 509.
  335         (1) DEFINITIONS.—As used in this section, the term:
  336         (b) “Food service establishment” means detention
  337  facilities, public or private schools, migrant labor camps,
  338  assisted living facilities, adult family-care homes, adult day
  339  care centers, short-term residential treatment centers,
  340  residential treatment facilities, homes for special services,
  341  transitional living facilities, crisis stabilization units,
  342  hospices, prescribed pediatric extended care centers,
  343  intermediate care facilities for persons with developmental
  344  disabilities, boarding schools, civic or fraternal
  345  organizations, bars and lounges, vending machines that dispense
  346  potentially hazardous foods at facilities expressly named in
  347  this paragraph, and facilities used as temporary food events or
  348  mobile food units at any facility expressly named in this
  349  paragraph, where food is prepared and intended for individual
  350  portion service, including the site at which individual portions
  351  are provided, regardless of whether consumption is on or off the
  352  premises and regardless of whether there is a charge for the
  353  food. The term does not include any entity not expressly named
  354  in this paragraph, or; nor does the term include a domestic
  355  violence center certified and monitored by the Department of
  356  Children and Family Services under part XIII of chapter 39 if
  357  the center does not prepare and serve food to its residents and
  358  does not advertise food or drink for public consumption.
  359         Section 6. Section 741.281, Florida Statutes, is amended to
  360  read:
  361         741.281 Court to order batterers’ intervention program
  362  attendance.—If a person is found guilty of, has had adjudication
  363  withheld on, or has pled nolo contendere to a crime of domestic
  364  violence, as defined in s. 741.28, that person shall be ordered
  365  by the court to a minimum term of 1 year’s probation and the
  366  court shall order that the defendant attend a batterers’
  367  intervention program as a condition of probation. However, the
  368  court must impose the condition of the batterers’ intervention
  369  program for a defendant under this section, but the court, in
  370  its discretion, may determine not to impose the condition if it
  371  states on the record why a batterers’ intervention program might
  372  be inappropriate. The court must impose the condition of the
  373  batterers’ intervention program for a defendant placed on
  374  probation unless the court determines that the person does not
  375  qualify for the batterers’ intervention program pursuant to s.
  376  741.325. Effective July 1, 2002, the batterers’ intervention
  377  program must be a certified program under s. 741.32. The
  378  imposition of probation under this section does shall not
  379  preclude the court from imposing a any sentence of imprisonment
  380  under authorized by s. 775.082.
  381         Section 7. Paragraph (g) of subsection (2) of section
  382  741.2902, Florida Statutes, is amended to read:
  383         741.2902 Domestic violence; legislative intent with respect
  384  to judiciary’s role.—
  385         (2) It is the intent of the Legislature, with respect to
  386  injunctions for protection against domestic violence, issued
  387  pursuant to s. 741.30, that the court shall:
  388         (g) Consider requiring the perpetrator to complete a
  389  batterers’ intervention program. It is preferred that such
  390  program conform to the requirements specified in s. 741.325 be
  391  certified under s. 741.32.
  392         Section 8. Subsection (5) of section 741.316, Florida
  393  Statutes, is amended to read:
  394         741.316 Domestic violence fatality review teams;
  395  definition; membership; duties.—
  396         (5) The domestic violence fatality review teams are
  397  assigned to the Florida Coalition Against Domestic Violence
  398  Department of Children and Family Services for administrative
  399  purposes.
  400         Section 9. Section 741.32, Florida Statutes, is amended to
  401  read:
  402         741.32 Certification of Batterers’ intervention programs.—
  403         (1) The Legislature finds that the incidence of domestic
  404  violence in Florida is disturbingly high, and despite efforts of
  405  many to curb this violence, that one person dies at the hands of
  406  a spouse, ex-spouse, or cohabitant approximately every 3 days.
  407  Further, a child who witnesses the perpetration of this violence
  408  becomes a victim as he or she hears or sees it occurring. This
  409  child is at high risk of also being the victim of physical abuse
  410  by the parent who is perpetrating the violence and, to a lesser
  411  extent, by the parent who is the victim. These children are also
  412  at a high risk of perpetrating violent crimes as juveniles and,
  413  later, becoming perpetrators of the same violence that they
  414  witnessed as children. The Legislature finds that there should
  415  be standardized programming available to the justice system to
  416  protect victims and their children and to hold the perpetrators
  417  of domestic violence accountable for their acts. Finally, the
  418  Legislature recognizes that in order for batterers’ intervention
  419  programs to be successful in protecting victims and their
  420  children, all participants in the justice system as well as
  421  social service agencies and local and state governments must
  422  coordinate their efforts at the community level.
  423         (2) There is hereby established in the Department of
  424  Children and Family Services an Office for Certification and
  425  Monitoring of Batterers’ Intervention Programs. The department
  426  may certify and monitor both programs and personnel providing
  427  direct services to those persons who are adjudged to have
  428  committed an act of domestic violence as defined in s. 741.28,
  429  those against whom an injunction for protection against domestic
  430  violence is entered, those referred by the department, and those
  431  who volunteer to attend such programs. The purpose of
  432  certification of programs is to uniformly and systematically
  433  standardize programs to hold those who perpetrate acts of
  434  domestic violence responsible for those acts and to ensure
  435  safety for victims of domestic violence. The certification and
  436  monitoring shall be funded by user fees as provided in s.
  437  741.327.
  438         Section 10. Section 741.325, Florida Statutes, is amended
  439  to read:
  440         741.325 Batterers’ intervention programs Guideline
  441  authority.—
  442         (1) A batterers’ intervention program must meet the
  443  following requirements The Department of Children and Family
  444  Services shall promulgate guidelines to govern purpose,
  445  policies, standards of care, appropriate intervention
  446  approaches, inappropriate intervention approaches during the
  447  batterers’ program intervention phase (to include couples
  448  counseling and mediation), conflicts of interest, assessment,
  449  program content and specifics, qualifications of providers, and
  450  credentials for facilitators, supervisors, and trainees. The
  451  department shall, in addition, establish specific procedures
  452  governing all aspects of program operation, including
  453  administration, personnel, fiscal matters, victim and batterer
  454  records, education, evaluation, referral to treatment and other
  455  matters as needed. In addition, the rules shall establish:
  456         (a)(1)That The primary purpose of the program must
  457  programs shall be victim safety and the safety of the children,
  458  if present.
  459         (b)(2)That The batterer shall be held accountable for acts
  460  of domestic violence.
  461         (c)(3)That The program must programs shall be at least 29
  462  weeks in length and shall include 24 weekly sessions, plus
  463  appropriate intake, assessment, and orientation programming.
  464         (d)(4)That The program must be a psychoeducational model
  465  that employs a program content based on tactics of power and
  466  control by one person over another.
  467         (5) That the programs and those who are facilitators,
  468  supervisors, and trainees be certified to provide these programs
  469  through initial certification and that the programs and
  470  personnel be annually monitored to ensure that they are meeting
  471  specified standards.
  472         (e)(6) The program must intent that the programs be user
  473  fee funded with fees from the batterers who attend the program
  474  as payment as it for programs is important that to the batterer
  475  take taking responsibility for the act of violence, and from
  476  those seeking certification. Exception shall be made for those
  477  local, state, or federal programs that fund batterers’
  478  intervention programs in whole or in part.
  479         (7) Standards for rejection and suspension for failure to
  480  meet certification standards.
  481         (2)(8)The requirements of subsection (1) That these
  482  standards shall apply only to programs that address the
  483  perpetration of violence between intimate partners, spouses, ex
  484  spouses, or those who share a child in common or who are
  485  cohabitants in intimate relationships for the purpose of
  486  exercising power and control by one over the other. It will
  487  endanger victims if courts and other referral agencies refer
  488  family and household members who are not perpetrators of the
  489  type of domestic violence encompassed by these requirements
  490  standards. Accordingly, the court and others who make referrals
  491  should refer perpetrators only to programming that appropriately
  492  addresses the violence committed.
  493         Section 11. Section 741.327, Florida Statutes, is repealed.
  494         Section 12. Paragraph (a) of subsection (1) of section
  495  938.01, Florida Statutes, is amended to read:
  496         938.01 Additional Court Cost Clearing Trust Fund.—
  497         (1) All courts created by Art. V of the State Constitution
  498  shall, in addition to any fine or other penalty, require every
  499  person convicted for violation of a state penal or criminal
  500  statute or convicted for violation of a municipal or county
  501  ordinance to pay $3 as a court cost. Any person whose
  502  adjudication is withheld pursuant to the provisions of s.
  503  318.14(9) or (10) shall also be liable for payment of such cost.
  504  In addition, $3 from every bond estreature or forfeited bail
  505  bond related to such penal statutes or penal ordinances shall be
  506  remitted to the Department of Revenue as described in this
  507  subsection. However, no such assessment may be made against any
  508  person convicted for violation of any state statute, municipal
  509  ordinance, or county ordinance relating to the parking of
  510  vehicles.
  511         (a) All costs collected by the courts pursuant to this
  512  subsection shall be remitted to the Department of Revenue in
  513  accordance with administrative rules adopted by the executive
  514  director of the Department of Revenue for deposit in the
  515  Additional Court Cost Clearing Trust Fund. These funds and the
  516  funds deposited in the Additional Court Cost Clearing Trust Fund
  517  pursuant to s. 318.21(2)(c) shall be distributed as follows:
  518         1. Ninety-two percent to the Department of Law Enforcement
  519  Criminal Justice Standards and Training Trust Fund.
  520         2. Six and three-tenths percent to the Department of Law
  521  Enforcement Operating Trust Fund for the Criminal Justice Grant
  522  Program.
  523         3. One and seven-tenths percent to the Department of
  524  Children and Family Services Domestic Violence Trust Fund for
  525  the department’s domestic violence program pursuant to part XIII
  526  of chapter 39 s. 39.903(3).
  527         Section 13. Section 948.038, Florida Statutes, is amended
  528  to read:
  529         948.038 Batterers’ intervention program as a condition of
  530  probation, community control, or other court-ordered community
  531  supervision.—As a condition of probation, community control, or
  532  any other court-ordered community supervision, the court shall
  533  order a person convicted of an offense of domestic violence, as
  534  defined in s. 741.28, to attend and successfully complete a
  535  batterers’ intervention program pursuant to s. 741.325 unless
  536  the court determines that the person does not qualify for the
  537  batterers’ intervention program pursuant to s. 741.325. The
  538  batterers’ intervention program must be a program certified
  539  under s. 741.32, and the offender must pay the cost of attending
  540  the program.
  541         Section 14. Paragraph (b) of subsection (3) of section
  542  394.908, Florida Statutes, is amended to read:
  543         394.908 Substance abuse and mental health funding equity;
  544  distribution of appropriations.—In recognition of the historical
  545  inequity in the funding of substance abuse and mental health
  546  services for the department’s districts and regions and to
  547  rectify this inequity and provide for equitable funding in the
  548  future throughout the state, the following funding process shall
  549  be used:
  550         (3)(b) Notwithstanding paragraph (a) and for the 2010-2011
  551  fiscal year only, Funds appropriated for forensic mental health
  552  treatment services shall be allocated to the areas of the state
  553  having the greatest demand for services and treatment capacity.
  554  This paragraph expires July 1, 2011.
  555         Section 15. Subsection (2) of section 394.76, Florida
  556  Statutes, is amended to read:
  557         394.76 Financing of district programs and services.—If the
  558  local match funding level is not provided in the General
  559  Appropriations Act or the substantive bill implementing the
  560  General Appropriations Act, such funding level shall be provided
  561  as follows:
  562         (2) If in any fiscal year the approved state appropriation
  563  is insufficient to finance the programs and services specified
  564  under by this part, the department may allocate shall have the
  565  authority to determine the amount of state funds available to
  566  each service district for such purposes in accordance with the
  567  priorities in both the state and district plans. The district
  568  administrator shall consult with the planning council to ensure
  569  that the summary operating budget conforms to the approved plan.
  570  If funds for contracts become unavailable due to the reduction
  571  or elimination of appropriations supporting such contracts, the
  572  department may terminate the contract after a minimum of 24
  573  hours written notice to the contractor. Such notice must be
  574  sent by United States mail or by any expedited delivery service
  575  that provides verification of delivery. The department is the
  576  final authority as to the availability and adequacy of funds.
  577         Section 16. Subsection (4) of section 397.321, Florida
  578  Statutes, is amended to read:
  579         397.321 Duties of the department.—The department shall:
  580         (4) Establish a funding program for the dissemination of
  581  available federal, state, and private funds through contractual
  582  agreements with community-based organizations or units of state
  583  or local government which deliver local substance abuse
  584  services. If funds for contracts become unavailable due to the
  585  reduction or elimination of appropriations supporting such
  586  contracts, the department may terminate the contract after a
  587  minimum of 24 hours written notice to the contractor. Such
  588  notice must be sent by United States mail or by any expedited
  589  delivery service that provides verification of delivery. The
  590  department is the final authority as to the availability and
  591  adequacy of funds.
  592         Section 17. Section 409.16713, Florida Statutes, is created
  593  to read:
  594         409.16713Allocation of funds for community-based care lead
  595  agencies.—
  596         (1) As used in this section, the term:
  597         (a) “Core services funding” means all funds allocated to
  598  community-based care lead agencies operating under contract with
  599  the department pursuant to s. 409.1671, with the following
  600  exceptions:
  601         1. Funds appropriated for independent living;
  602         2. Funds appropriated for maintenance adoption subsidies;
  603         3. Funds allocated by the department for protective
  604  investigations training;
  605         4. Nonrecurring funds;
  606         5. Designated mental health wrap-around services funds; and
  607         6. Funds for special projects for a designated community
  608  based care lead agency.
  609         (b) “Equity allocation model” means an allocation model
  610  that uses the following factors:
  611         1. Proportion of children in poverty;
  612         2. Proportion of child abuse hotline workload;
  613         3. Proportion of children in care; and
  614         4. Proportion of contribution in the reduction of out-of
  615  home care.
  616         (c) “Proportion of children in poverty” means the average
  617  of the proportion of children in the geographic area served by
  618  the community-based care lead agency based on the following
  619  subcomponents:
  620         1. Children up to 18 years of age who are below the poverty
  621  level as determined by the latest available Small Area Income
  622  and Poverty Estimates (SAIPE) from the United States Census
  623  Bureau;
  624         2. Children eligible for free or reduced-price meals as
  625  determined by the latest available survey published by the
  626  Department of Education; and
  627         3. The number of children in families receiving benefits
  628  from the federal Supplemental Nutrition Assistance Program
  629  (SNAP) in the most recent month as determined by the department.
  630         (d) “Proportion of child abuse hotline workload” means the
  631  weighted average of the following subcomponents:
  632         1. The average number of initial and additional child abuse
  633  reports received during the month for the most recent 12 months
  634  based on child protective investigations trend reports as
  635  determined by the department. This subcomponent shall be
  636  weighted as 20 percent of the factor.
  637         2. The average count of children in investigations in the
  638  most recent 12 months based on child protective investigations
  639  trend reports as determined by the department. This subcomponent
  640  shall be weighted as 40 percent of the factor.
  641         3. The average count of children in investigations with a
  642  most serious finding of verified abuse in the most recent 12
  643  months based on child protective investigations trend reports as
  644  determined by the department. This subcomponent shall be
  645  weighted as 40 percent of the factor.
  646         (e) “Proportion of children in care” means the proportion
  647  of the sum of the number of children in care receiving in-home
  648  services and the number of children in out-of-home care at the
  649  end of the most recent month as reported in the child welfare
  650  services trend reports as determined by the department.
  651         (f) “Proportion of contribution in the reduction of out-of
  652  home care” means the proportion of the number of children in
  653  out-of-home care on December 31, 2006, minus the number of
  654  children in out-of-home care as of the end of the most recent
  655  month as reported in the child welfare services trend reports as
  656  determined by the department.
  657         (2) The equity allocation of core services funds shall be
  658  calculated based on the following weights:
  659         (a) Proportion of children in poverty shall be weighted as
  660  30 percent of the total;
  661         (b) Proportion of child abuse hotline workload shall be
  662  weighted as 30 percent of the total;
  663         (c) Proportion of children in care shall be weighted as 30
  664  percent of the total; and
  665         (d) Proportion of contribution to the reduction in out-of
  666  home care shall be weighted as 10 percent of the total.
  667         (3) For the 2011-2012 state fiscal year, 75 percent of the
  668  recurring core services funding for each community-based care
  669  lead agency shall be based on the prior year recurring base of
  670  core services funds and 25 percent shall be based on the equity
  671  allocation model.
  672         (4) For the 2011-2012 state fiscal year, any new core
  673  services funds shall be allocated based on the equity allocation
  674  model.
  675         Section 18. This act shall take effect July 1, 2011.