Florida 2022 Regular Session

Florida House Bill H0759 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 759 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0759-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to certified domestic violence service 2
16	16	providers; amending s. 39.902, F.S.; defining the term 3
17	17	"domestic violence service provider"; creating s. 4
18	18	39.9051, F.S.; requiring the Department of Children 5
19	19	and Families to certify domestic violence se rvice 6
20	20	providers; providing requirements for certified 7
21	21	domestic violence service providers; authorizing the 8
22	22	department, under certain circumstances, to deny, 9
23	23	suspend, or revoke certification of a service 10
24	24	provider; providing for the expiration of such 11
25	25	certification; authorizing domestic violence service 12
26	26	providers to be certified throughout the state if 13
27	27	certain specifications are demonstrated; providing 14
28	28	requirements for certified domestic violence service 15
29	29	providers to receive state funds; authorizing 16
30	30	certified domestic violence service providers to enter 17
31	31	into subcontracts if approved by the department; 18
32	32	authorizing certified domestic violence service 19
33	33	providers to carry forward funds; providing 20
34	34	requirements for funds that are carried forward; 21
35	35	amending ss. 39.0121 , 39.903, 39.9057, 39.906, 22
36	36	90.5036, 381.0072, 383.402, 414.065 414.095, 415.1103, 23
37	37	456.031, 490.014, 491.014, 741.29, 741.30, 741.316, 24
38	38	784.046, 784.0485, 944.705, 960.198, 984.071, and 25
39	39
40	40	HB 759 2022
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42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0759-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
50	50
51	51	1002.81, F.S.; conforming provisions to changes made 26
52	52	by the act; providing an effective date. 27
53	53	28
54	54	Be It Enacted by the Legislature of the State of Florida: 29
55	55	30
56	56	Section 1. Subsection (3) of section 39.902, Florida 31
57	57	Statutes, is renumbered as subsection (4), and a new subsection 32
58	58	(3) is added to that section, to read: 33
59	59	39.902 Definitions.—As used in this part, the term: 34
60	60	(3) "Domestic violence service provider" means an agency 35
61	61	that provides nonsheltered services to victims of domestic 36
62	62	violence, dating violence, and stalking as its primary mission. 37
63	63	Section 2. Section 39.9051 , Florida Statutes, is created 38
64	64	to read: 39
65	65	39.9051 Domestic violence service providers. — 40
66	66	(1) In order to expand the services available to victims 41
67	67	of domestic violence, dating violence, and stalking, the 42
68	68	department shall certify domestic violence service p roviders to 43
69	69	monitor and regulate nonsheltered services and protections for 44
70	70	those who seek such services and protections from domestic 45
71	71	violence service providers. The department and certified 46
72	72	domestic violence service providers shall serve as partners and 47
73	73	provide a coordinated response to address victim safety, hold 48
74	74	batterers accountable, and prevent future violence in the state. 49
75	75	(2) Domestic violence service providers certified under 50
76	76
77	77	HB 759 2022
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79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0759-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
85	85
86	86
87	87
88	88	this part must: 51
89	89	(a) Provide services to victims of domestic violence, 52
90	90	dating violence, or stalking, and the minor children and other 53
91	91	dependents of such victim. However, services provided by 54
92	92	certified domestic violence service providers may not include 55
93	93	sheltering in a facility the victim of domestic violence, dating 56
94	94	violence, or stalking, or the minor children and other 57
95	95	dependents of such victim. Services may be designed to serve 58
96	96	culturally or ethnically specific populations or reach 59
97	97	underserved communities. 60
98	98	(b) Receive the annual written endorsement of local law 61
99	99	enforcement agencies. 62
100	100	(c) Establish and maintain a board of directors composed 63
101	101	of at least three citizens. 64
102	102	(d) File with the department a list of the names of the 65
103	103	domestic violence advocates who are employed by or who volunteer 66
104	104	with the domestic violence service provider and who may claim a 67
105	105	privilege under s. 90.5036 to refuse to disclose a confidential 68
106	106	communication between a victim of domestic violence, dating 69
107	107	violence, or stalking and the advocate regarding the incident of 70
108	108	such violence or stalking. The list mu st include the title of 71
109	109	the position held by the domestic violence advocate whose name 72
110	110	is listed and a description of the duties of that position. A 73
111	111	domestic violence service provider must file amendments to this 74
112	112	list as necessary. 75
113	113
114	114	HB 759 2022
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	(e) Demonstrate local need and ability to sustain 76
126	126	operations through a history of 18 consecutive months' operation 77
127	127	as a domestic violence service provider and a business plan 78
128	128	which addresses future operations and funding of future 79
129	129	operations. 80
130	130	(f) If the domestic violence service provider is a new 81
131	131	service provider applying for certification, demonstrate that 82
132	132	the services provided address a need identified in the most 83
133	133	current statewide needs assessment approved by the department. 84
134	134	If the service provider applying for initial certification 85
135	135	proposes providing services in an area that has an existing 86
136	136	certified domestic violence center or another certified domestic 87
137	137	violence service provider, the service provider applying for 88
138	138	initial certification must demonstrate the unmet need in that 89
139	139	service area and describe its efforts to avoid duplication of 90
140	140	services. 91
141	141	(g) Establish procedures to facilitate persons subject to 92
142	142	domestic violence, dating violence, and stalking to seek 93
143	143	services from domestic violence service providers voluntarily . 94
144	144	(h) Comply with rules adopted under this part. 95
145	145	(3) If the department finds that there is failure by a 96
146	146	domestic violence service provider to comply with the 97
147	147	requirements provided, or rules adopted, under this part, the 98
148	148	department may deny, suspend, or revoke the certification of the 99
149	149	service provider. 100
150	150
151	151	HB 759 2022
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153	153
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	(4) A domestic violence service provider certification 101
163	163	shall automatically expire on June 30 of each state fiscal year 102
164	164	unless the service provider applies for renewal and 103
165	165	certification is renewed by the department or the certification 104
166	166	is temporarily extended by the department to allow the service 105
167	167	provider to implement a corrective action plan. 106
168	168	(5) Domestic violence service providers may be certified 107
169	169	throughout the state when private, local, state, or fe deral 108
170	170	funds are available and a need is demonstrated. 109
171	171	(6) To receive state funds, a domestic violence service 110
172	172	provider must obtain certification under this part and enter 111
173	173	into a contract with the department which ensures the 112
174	174	availability and geographic a ccessibility of services throughout 113
175	175	the service area. For this purpose, a service provider may 114
176	176	distribute funds through subcontracts, if such arrangements and 115
177	177	subcontracts are approved by the department. However, the 116
178	178	issuance of a certificate does not obli gate the department to 117
179	179	enter into a contract or provide funding to a service provider. 118
180	180	(7) A certified domestic violence center may carry forward 119
181	181	from 1 fiscal year to the next during the contract period 120
182	182	documented unexpended state funds in a cumulative amount that 121
183	183	does not exceed 8 percent of its total contract with the 122
184	184	department. 123
185	185	(a) The funds carried forward may not be used in a manner 124
186	186	that would increase future recurring obligations or for any 125
187	187
188	188	HB 759 2022
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190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb0759-00
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
196	196
197	197
198	198
199	199	program or service that is not authorized by the existi ng 126
200	200	contract. 127
201	201	(b) Expenditures of funds carried forward must be 128
202	202	separately reported to the department. 129
203	203	(c) Any unexpended funds that remain at the end of the 130
204	204	contract period must be returned to the department. 131
205	205	(d) Funds carried forward under this subs ection may be 132
206	206	retained through any contract renewals as long as the same 133
207	207	certified domestic violence service provider is retained by the 134
208	208	department. 135
209	209	Section 3. Subsection (14) of section 39.0121, Florida 136
210	210	Statutes, is amended to read: 137
211	211	39.0121 Specific rulemaking authority. —Pursuant to the 138
212	212	requirements of s. 120.536, the department is specifically 139
213	213	authorized to adopt, amend, and repeal administrative rules 140
214	214	which implement or interpret law or policy, or describe the 141
215	215	procedure and practice requirements ne cessary to implement this 142
216	216	chapter, including, but not limited to, the following: 143
217	217	(14) Injunctions and other protective orders, domestic -144
218	218	violence-related cases, and certification of domestic violence 145
219	219	centers and domestic violence service providers . 146
220	220	Section 4. Subsections (2), (4), and (9) of section 147
221	221	39.903, Florida Statutes, are amended to read: 148
222	222	39.903 Duties and functions of the department with respect 149
223	223	to domestic violence. —The department shall: 150
224	224
225	225	HB 759 2022
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228	228
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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234	234
235	235
236	236	(2) Receive and approve or reject applications for i nitial 151
237	237	certification of domestic violence centers and domestic violence 152
238	238	service providers, and annually renew the certification 153
239	239	thereafter. 154
240	240	(4) Promote the involvement of certified domestic violence 155
241	241	centers and certified domestic violence service provide rs in the 156
242	242	coordination, development, and planning of domestic violence 157
243	243	programming in the circuits. 158
244	244	(9) Adopt by rule procedures to administer this section, 159
245	245	including developing criteria for the approval, suspension, or 160
246	246	rejection of certification of dome stic violence centers and 161
247	247	domestic violence service providers, and developing minimum 162
248	248	standards for domestic violence centers to ensure the health and 163
249	249	safety of the clients residing in the centers. 164
250	250	Section 5. Section 39.9057, Florida Statutes, is amend ed 165
251	251	to read: 166
252	252	39.9057 Unlawful disclosure of certified domestic violence 167
253	253	center or service provider location; penalties. —Any person who 168
254	254	maliciously publishes, disseminates, or discloses any 169
255	255	descriptive information or image that may identify the location 170
256	256	of a domestic violence center certified under s. 39.905 or a 171
257	257	domestic violence service provider certified under s. 39.9051 or 172
258	258	who otherwise maliciously discloses the location of a center or 173
259	259	service provider commits a: 174
260	260	(1) Misdemeanor of the first degree, p unishable as 175
261	261
262	262	HB 759 2022
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267	267	hb0759-00
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
270	270
271	271
272	272
273	273	provided in s. 775.082 or s. 775.083. 176
274	274	(2) Felony of the third degree, punishable as provided in 177
275	275	s. 775.082, s. 775.083, or s. 775.084, upon a second or 178
276	276	subsequent conviction. 179
277	277	Section 6. Section 39.906, Florida Statutes, is amended to 180
278	278	read: 181
279	279	39.906 Referral to centers and service providers; notice 182
280	280	of rights.—Any law enforcement officer who investigates an 183
281	281	alleged incident of domestic violence shall advise the victim of 184
282	282	such violence that there are is a domestic violence centers and 185
283	283	domestic violence service providers center from which the victim 186
284	284	may receive services. The law enforcement officer shall give the 187
285	285	victim immediate notice of the legal rights and remedies 188
286	286	available under in accordance with the provisions of s. 741.29. 189
287	287	Section 7. Paragraph (a) of subsection (1) of section 190
288	288	90.5036, Florida Statutes, is amended to read: 191
289	289	90.5036 Domestic violence advocate -victim privilege.— 192
290	290	(1) For purposes of this section: 193
291	291	(a) A "domestic violence center" is any public or private 194
292	292	agency that offers assistance to victims of domestic violence, 195
293	293	as defined in s. 741.28, and their families. The term includes a 196
294	294	domestic violence service provider as defined in s. 39.902. 197
295	295	Section 8. Paragraph (c) of subsection (2) of section 198
296	296	381.0072, Florida Statutes, is amended to read: 199
297	297	381.0072 Food service protection. — 200
298	298
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	(2) DEFINITIONS.—As used in this section, the term: 201
311	311	(c) "Food service establishment" means detention 202
312	312	facilities, public or private schools, migrant labor camps, 203
313	313	assisted living facilities, facilities participating in the 204
314	314	United States Department of Agriculture Afterschool Meal Program 205
315	315	that are located at a facility or site that is not inspected by 206
316	316	another state agency for compliance with sanitation standards, 207
317	317	adult family-care homes, adult day care centers, short -term 208
318	318	residential treatment centers, residential treatment facilities, 209
319	319	homes for special services, transitional living facilities, 210
320	320	crisis stabilization units, hosp ices, prescribed pediatric 211
321	321	extended care centers, intermediate care facilities for persons 212
322	322	with developmental disabilities, boarding schools, civic or 213
323	323	fraternal organizations, bars and lounges, vending machines that 214
324	324	dispense potentially hazardous foods at facilities expressly 215
325	325	named in this paragraph, and facilities used as temporary food 216
326	326	events or mobile food units at any facility expressly named in 217
327	327	this paragraph, where food is prepared and intended for 218
328	328	individual portion service, including the site at whi ch 219
329	329	individual portions are provided, regardless of whether 220
330	330	consumption is on or off the premises and regardless of whether 221
331	331	there is a charge for the food. The term includes a culinary 222
332	332	education program where food is prepared and intended for 223
333	333	individual portion service, regardless of whether there is a 224
334	334	charge for the food or whether the program is inspected by 225
335	335
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347	347	another state agency for compliance with sanitation standards. 226
348	348	The term does not include any entity not expressly named in this 227
349	349	paragraph; nor does th e term include a domestic violence center 228
350	350	or domestic violence service provider certified and monitored by 229
351	351	the Department of Children and Families under part XII of 230
352	352	chapter 39 if the center or service provider does not prepare 231
353	353	and serve food to its residents and does not advertise food or 232
354	354	drink for public consumption. 233
355	355	Section 9. Paragraph (a) of subsection (3) of section 234
356	356	383.402, Florida Statutes, is amended to read: 235
357	357	383.402 Child abuse death review; State Child Abuse Death 236
358	358	Review Committee; local chi ld abuse death review committees. — 237
359	359	(3) LOCAL CHILD ABUSE DEATH REVIEW COMMITTEES. —At the 238
360	360	direction of the State Surgeon General, a county or multicounty 239
361	361	child abuse death review committee shall be convened and 240
362	362	supported by the county health department di rectors in 241
363	363	accordance with the protocols established by the State Child 242
364	364	Abuse Death Review Committee. 243
365	365	(a) Membership.—The local death review committees shall 244
366	366	include, at a minimum, the following organizations' 245
367	367	representatives, appointed by the county hea lth department 246
368	368	directors in consultation with those organizations: 247
369	369	1. The state attorney's office. 248
370	370	2. The medical examiner's office. 249
371	371	3. The local Department of Children and Families child 250
372	372
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
381	381
382	382
383	383
384	384	protective investigations unit. 251
385	385	4. The Department of Health Child Protection Team. 252
386	386	5. The community-based care lead agency. 253
387	387	6. State, county, or local law enforcement agencies. 254
388	388	7. The school district. 255
389	389	8. A mental health treatment provider. 256
390	390	9. A certified domestic violence center or certified 257
391	391	domestic violence service provider . 258
392	392	10. A substance abuse treatment provider. 259
393	393	11. Any other members that are determined by guidelines 260
394	394	developed by the State Child Abuse Death Review Committee. 261
395	395	262
396	396	To the extent possible, individuals from these organizations or 263
397	397	entities who, in a professional capacity, dealt with a child 264
398	398	whose death is verified as caused by abuse or neglect, or with 265
399	399	the family of the child, shall attend any meetings where the 266
400	400	child's case is reviewed. The members of a local committee shall 267
401	401	be appointed to 2-year terms and may be reappointed. Members 268
402	402	shall serve without compensation but may receive reimbursement 269
403	403	for per diem and travel expenses incurred in the performance of 270
404	404	their duties as provided in s. 112.061 and to the extent that 271
405	405	funds are available. 272
406	406	Section 10. Paragraph (c) of subsection (4) of section 273
407	407	414.065, Florida Statutes, is amended to read: 274
408	408	414.065 Noncompliance with work requirements. — 275
409	409
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421	421	(4) EXCEPTIONS TO NONCOMPLIANCE PENALTIES. —Unless 276
422	422	otherwise provided, the situations listed in th is subsection 277
423	423	shall constitute exceptions to the penalties for noncompliance 278
424	424	with participation requirements, except that these situations do 279
425	425	not constitute exceptions to the applicable time limit for 280
426	426	receipt of temporary cash assistance: 281
427	427	(c) Noncompliance related to treatment or remediation of 282
428	428	past effects of domestic violence. —An individual who is 283
429	429	determined to be unable to comply with the work requirements 284
430	430	under this section due to mental or physical impairment related 285
431	431	to past incidents of domestic vio lence may be exempt from work 286
432	432	requirements, except that such individual shall comply with a 287
433	433	plan that specifies alternative requirements that prepare the 288
434	434	individual for self-sufficiency while providing for the safety 289
435	435	of the individual and the individual's dependents. A participant 290
436	436	who is determined to be out of compliance with the alternative 291
437	437	requirement plan shall be subject to the penalties under 292
438	438	subsection (1). The plan must include counseling or a course of 293
439	439	treatment necessary for the individual to resu me participation. 294
440	440	The need for treatment and the expected duration of such 295
441	441	treatment must be verified by a physician licensed under chapter 296
442	442	458 or chapter 459; a psychologist licensed under s. 490.005(1), 297
443	443	s. 490.006, or the provision identified as s. 490.0 13(2) in s. 298
444	444	1, chapter 81-235, Laws of Florida; a therapist as defined in s. 299
445	445	491.003(2) or (6); or a treatment professional listed who is 300
446	446
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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457	457
458	458	registered under s. 39.905(1)(g), is authorized to maintain 301
459	459	confidentiality under s. 90.5036(1)(d), and has a minimum of 2 302
460	460	years' years experience at a certified domestic violence center 303
461	461	or certified domestic violence service provider . An exception 304
462	462	granted under this paragraph does not automatically constitute 305
463	463	an exception from the time limitations on benefits specified 306
464	464	under s. 414.105. 307
465	465	Section 11. Paragraph (g) of subsection (9) of section 308
466	466	414.095, Florida Statutes, is amended to read: 309
467	467	414.095 Determining eligibility for temporary cash 310
468	468	assistance.— 311
469	469	(9) OPPORTUNITIES AND OBLIGATIONS. —An applicant for 312
470	470	temporary cash assistance has the following opportunities and 313
471	471	obligations: 314
472	472	(g) To receive information regarding services available 315
473	473	from certified domestic violence centers , certified domestic 316
474	474	violence service providers, or other organizations that provide 317
475	475	counseling and supportive services to individuals who are past 318
476	476	or present victims of domestic violence , dating violence, or 319
477	477	stalking or who are at risk of domestic violence , dating 320
478	478	violence, or stalking and, upon request, to be referred to such 321
479	479	organizations in a manner which protects the individual's 322
480	480	confidentiality. 323
481	481	Section 12. Paragraph (b) of subsection (1) of section 324
482	482	415.1103, Florida Statutes, is amended to read: 325
483	483
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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494	494
495	495	415.1103 Elder abuse fatality review teams. — 326
496	496	(1) 327
497	497	(b) An elder abuse fatality review team may include, but 328
498	498	is not limited to, representatives from any of the following 329
499	499	entities or persons located in the review team's judicial 330
500	500	circuit: 331
501	501	1. Law enforcement agencies. 332
502	502	2. The state attorney. 333
503	503	3. The medical examiner. 334
504	504	4. A county court judge. 335
505	505	5. Adult protective services. 336
506	506	6. The area agency on aging. 337
507	507	7. The State Long-Term Care Ombudsman Program. 338
508	508	8. The Agency for Health Care Administration. 339
509	509	9. The Office of the Attorney General. 340
510	510	10. The Office of the State Courts Administrator. 341
511	511	11. The clerk of the court. 342
512	512	12. A victim services program. 343
513	513	13. An elder law attorney. 344
514	514	14. Emergency services personnel. 345
515	515	15. A certified domestic violence center or certified 346
516	516	domestic violence service provider . 347
517	517	16. An advocacy organization for victims of sexual 348
518	518	violence. 349
519	519	17. A funeral home director. 350
520	520
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528	528	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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530	530
531	531
532	532	18. A forensic pathologist. 351
533	533	19. A geriatrician. 352
534	534	20. A geriatric nurse. 353
535	535	21. A geriatric psychiatrist or other individual licensed 354
536	536	to offer behavioral health s ervices. 355
537	537	22. A hospital discharge planner. 356
538	538	23. A public guardian. 357
539	539	24. Any other persons who have knowledge regarding fatal 358
540	540	incidents of elder abuse, domestic violence, or sexual violence, 359
541	541	including knowledge of research, policy, law, and other matter s 360
542	542	connected with such incidents involving elders, or who are 361
543	543	recommended for inclusion by the review team. 362
544	544	Section 13. Paragraph (a) of subsection (1) of section 363
545	545	456.031, Florida Statutes, is amended to read: 364
546	546	456.031 Requirement for instruction on domestic violence.— 365
547	547	(1)(a) The appropriate board shall require each person 366
548	548	licensed or certified under chapter 458, chapter 459, part I of 367
549	549	chapter 464, chapter 466, chapter 467, chapter 490, or chapter 368
550	550	491 to complete a 2-hour continuing education course , approved 369
551	551	by the board, on domestic violence, as defined in s. 741.28, as 370
552	552	part of every third biennial relicensure or recertification. The 371
553	553	course shall consist of information on the number of patients in 372
554	554	that professional's practice who are likely to be v ictims of 373
555	555	domestic violence and the number who are likely to be 374
556	556	perpetrators of domestic violence, screening procedures for 375
557	557
558	558	HB 759 2022
559	559
560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb0759-00
564	564	Page 16 of 32
565	565	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566	566
567	567
568	568
569	569	determining whether a patient has any history of being either a 376
570	570	victim or a perpetrator of domestic violence, and instruction on 377
571	571	how to provide such patients with information on, or how to 378
572	572	refer such patients to, resources in the local community, such 379
573	573	as domestic violence centers , domestic violence service 380
574	574	providers, and other advocacy groups, that provide legal aid, 381
575	575	shelter, victim counseling, batterer counseling, or child 382
576	576	protection services. 383
577	577	Section 14. Paragraph (a) of subsection (2) of section 384
578	578	490.014, Florida Statutes, is amended to read: 385
579	579	490.014 Exemptions. — 386
580	580	(2) No person shall be required to be licensed or 387
581	581	provisionally licensed under this chapter who: 388
582	582	(a) Is a salaried employee of a government agency; a 389
583	583	developmental disability facility or program; a mental health, 390
584	584	alcohol, or drug abuse facility operating under chapter 393, 391
585	585	chapter 394, or chapter 397; the statewide c hild care resource 392
586	586	and referral network operating under s. 1002.92; a child -placing 393
587	587	or child-caring agency licensed pursuant to chapter 409; a 394
588	588	domestic violence center or domestic violence service provider 395
589	589	certified pursuant to chapter 39; an accredited ac ademic 396
590	590	institution; or a research institution, if such employee is 397
591	591	performing duties for which he or she was trained and hired 398
592	592	solely within the confines of such agency, facility, or 399
593	593	institution, so long as the employee is not held out to the 400
594	594
595	595	HB 759 2022
596	596
597	597
598	598
599	599	CODING: Words stricken are deletions; words underlined are additions.
600	600	hb0759-00
601	601	Page 17 of 32
602	602	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603	603
604	604
605	605
606	606	public as a psychologist pursuant to s. 490.012(1)(a). 401
607	607	Section 15. Paragraph (a) of subsection (4) of section 402
608	608	491.014, Florida Statutes, is amended to read: 403
609	609	491.014 Exemptions. — 404
610	610	(4) No person shall be required to be licensed, 405
611	611	provisionally licensed, registered, or certified under this 406
612	612	chapter who: 407
613	613	(a) Is a salaried employee of a government agency; a 408
614	614	developmental disability facility or program; a mental health, 409
615	615	alcohol, or drug abuse facility operating under chapter 393, 410
616	616	chapter 394, or chapter 397; the statew ide child care resource 411
617	617	and referral network operating under s. 1002.92; a child -placing 412
618	618	or child-caring agency licensed pursuant to chapter 409; a 413
619	619	domestic violence center or domestic violence service provider 414
620	620	certified pursuant to chapter 39; an accredit ed academic 415
621	621	institution; or a research institution, if such employee is 416
622	622	performing duties for which he or she was trained and hired 417
623	623	solely within the confines of such agency, facility, or 418
624	624	institution, so long as the employee is not held out to the 419
625	625	public as a clinical social worker, mental health counselor, or 420
626	626	marriage and family therapist. 421
627	627	Section 16. Subsections (1) and (2) of section 741.29, 422
628	628	Florida Statutes, are amended to read: 423
629	629	741.29 Domestic violence; investigation of incidents; 424
630	630	notice to victims of legal rights and remedies; reporting. — 425
631	631
632	632	HB 759 2022
633	633
634	634
635	635
636	636	CODING: Words stricken are deletions; words underlined are additions.
637	637	hb0759-00
638	638	Page 18 of 32
639	639	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640	640
641	641
642	642
643	643	(1) Any law enforcement officer who investigates an 426
644	644	alleged incident of domestic violence shall assist the victim to 427
645	645	obtain medical treatment if such is required as a result of the 428
646	646	alleged incident to which th e officer responds. Any law 429
647	647	enforcement officer who investigates an alleged incident of 430
648	648	domestic violence shall advise the victim of such violence that 431
649	649	there is a domestic violence center or domestic violence service 432
650	650	provider from which the victim may rece ive services. The law 433
651	651	enforcement officer shall give the victim immediate notice of 434
652	652	the legal rights and remedies available on a standard form 435
653	653	developed and distributed by the department. As necessary, the 436
654	654	department shall revise the Legal Rights and Remed ies Notice to 437
655	655	Victims to include a general summary of s. 741.30 using simple 438
656	656	English as well as Spanish, and shall distribute the notice as a 439
657	657	model form to be used by all law enforcement agencies throughout 440
658	658	the state. The notice shall include: 441
659	659	(a) The resource listing, including telephone number, for 442
660	660	the local certified area domestic violence center and local 443
661	661	certified domestic violence service provider, if any, designated 444
662	662	by the Department of Children and Families; and 445
663	663	(b) A copy of the following state ment: "IF YOU ARE THE 446
664	664	VICTIM OF DOMESTIC VIOLENCE, you may ask the state attorney to 447
665	665	file a criminal complaint. You also have the right to go to 448
666	666	court and file a petition requesting an injunction for 449
667	667	protection from domestic violence which may include, but need 450
668	668
669	669	HB 759 2022
670	670
671	671
672	672
673	673	CODING: Words stricken are deletions; words underlined are additions.
674	674	hb0759-00
675	675	Page 19 of 32
676	676	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677	677
678	678
679	679
680	680	not be limited to, provisions which restrain the abuser from 451
681	681	further acts of abuse; direct the abuser to leave your 452
682	682	household; prevent the abuser from entering your residence, 453
683	683	school, business, or place of employment; award you custody of 454
684	684	your minor child or children; and direct the abuser to pay 455
685	685	support to you and the minor children if the abuser has a legal 456
686	686	obligation to do so." 457
687	687	(2) When a law enforcement officer investigates an 458
688	688	allegation that an incident of domestic violence has occurred, 459
689	689	the officer shall handle the incident pursuant to the arrest 460
690	690	policy provided in s. 901.15(7), and as developed in accordance 461
691	691	with subsections (3), (4), and (5). Whether or not an arrest is 462
692	692	made, the officer shall make a written police report that is 463
693	693	complete and clearly indicates the alleged offense was an 464
694	694	incident of domestic violence. Such report shall be given to the 465
695	695	officer's supervisor and filed with the law enforcement agency 466
696	696	in a manner that will permit data on domestic violence cases to 467
697	697	be compiled. Such report must include: 468
698	698	(a) A description of physical injuries observed, if any. 469
699	699	(b) If a law enforcement officer decides not to make an 470
700	700	arrest or decides to arrest two or more parties, the officer 471
701	701	shall include in the report the grounds for not arresting anyone 472
702	702	or for arresting two or more parties. 473
703	703	(c) A statement which indicates that a copy of the legal 474
704	704	rights and remedies notice was given to the victim. 475
705	705
706	706	HB 759 2022
707	707
708	708
709	709
710	710	CODING: Words stricken are deletions; words underlined are additions.
711	711	hb0759-00
712	712	Page 20 of 32
713	713	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714	714
715	715
716	716
717	717	476
718	718	Whenever possible, the law enforcement officer shall obtain a 477
719	719	written statement from the victim an d witnesses concerning the 478
720	720	alleged domestic violence. The officer shall submit the report 479
721	721	to the supervisor or other person to whom the employer's rules 480
722	722	or policies require reports of similar allegations of criminal 481
723	723	activity to be made. The law enforcement agency shall, without 482
724	724	charge, send a copy of the initial police report, as well as any 483
725	725	subsequent, supplemental, or related report, which excludes 484
726	726	victim/witness statements or other materials that are part of an 485
727	727	active criminal investigation and are exemp t from disclosure 486
728	728	under chapter 119, to the nearest local locally certified 487
729	729	domestic violence center and local certified domestic violence 488
730	730	service provider, if any, within 24 hours after the agency's 489
731	731	receipt of the report. The report furnished to the domes tic 490
732	732	violence center or domestic violence service provider must 491
733	733	include a narrative description of the domestic violence 492
734	734	incident. 493
735	735	Section 17. Paragraph (c) of subsection (2), paragraph (a) 494
736	736	of subsection (6), and subsection (7) of section 741.30, Florid a 495
737	737	Statutes, are amended to read: 496
738	738	741.30 Domestic violence; injunction; powers and duties of 497
739	739	court and clerk; petition; notice and hearing; temporary 498
740	740	injunction; issuance of injunction; statewide verification 499
741	741	system; enforcement; public records exemption. — 500
742	742
743	743	HB 759 2022
744	744
745	745
746	746
747	747	CODING: Words stricken are deletions; words underlined are additions.
748	748	hb0759-00
749	749	Page 21 of 32
750	750	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751	751
752	752
753	753
754	754	(2) 501
755	755	(c)1. The clerk of the court shall assist petitioners in 502
756	756	seeking both injunctions for protection against domestic 503
757	757	violence and enforcement for a violation thereof as specified in 504
758	758	this section. 505
759	759	2. All clerks' offices shall provide simplified peti tion 506
760	760	forms for the injunction, any modifications, and the enforcement 507
761	761	thereof, including instructions for completion. 508
762	762	3. The clerk of the court shall advise petitioners of the 509
763	763	opportunity to apply for a certificate of indigence in lieu of 510
764	764	prepayment for the cost of the filing fee, as provided in 511
765	765	paragraph (a). 512
766	766	4. The clerk of the court shall ensure the petitioner's 513
767	767	privacy to the extent practical while completing the forms for 514
768	768	injunctions for protection against domestic violence. 515
769	769	5. The clerk of the court shall provide petitioners with a 516
770	770	minimum of two certified copies of the order of injunction, one 517
771	771	of which is serviceable and will inform the petitioner of the 518
772	772	process for service and enforcement. 519
773	773	6. Clerks of court and appropriate staff in each cou nty 520
774	774	shall receive training in the effective assistance of 521
775	775	petitioners as provided or approved by the Florida Association 522
776	776	of Court Clerks. 523
777	777	7. The clerk of the court in each county shall make 524
778	778	available informational brochures on domestic violence when such 525
779	779
780	780	HB 759 2022
781	781
782	782
783	783
784	784	CODING: Words stricken are deletions; words underlined are additions.
785	785	hb0759-00
786	786	Page 22 of 32
787	787	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788	788
789	789
790	790
791	791	brochures are provided by local certified domestic violence 526
792	792	centers or local certified domestic violence service providers . 527
793	793	8. The clerk of the court in each county shall distribute 528
794	794	a statewide uniform informational brochure to petitioners at the 529
795	795	time of filing for an injunction for protection against domestic 530
796	796	or repeat violence when such brochures become available. The 531
797	797	brochure must include information about the effect of giving the 532
798	798	court false information about domestic violence. 533
799	799	(6)(a) Upon notice a nd hearing, when it appears to the 534
800	800	court that the petitioner is either the victim of domestic 535
801	801	violence as defined by s. 741.28 or has reasonable cause to 536
802	802	believe he or she is in imminent danger of becoming a victim of 537
803	803	domestic violence, the court may grant such relief as the court 538
804	804	deems proper, including an injunction: 539
805	805	1. Restraining the respondent from committing any acts of 540
806	806	domestic violence. 541
807	807	2. Awarding to the petitioner the exclusive use and 542
808	808	possession of the dwelling that the parties share or exclu ding 543
809	809	the respondent from the residence of the petitioner. 544
810	810	3. On the same basis as provided in chapter 61, providing 545
811	811	the petitioner with 100 percent of the time -sharing in a 546
812	812	temporary parenting plan that remains in effect until the order 547
813	813	expires or an order is entered by a court of competent 548
814	814	jurisdiction in a pending or subsequent civil action or 549
815	815	proceeding affecting the placement of, access to, parental time 550
816	816
817	817	HB 759 2022
818	818
819	819
820	820
821	821	CODING: Words stricken are deletions; words underlined are additions.
822	822	hb0759-00
823	823	Page 23 of 32
824	824	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825	825
826	826
827	827
828	828	with, adoption of, or parental rights and responsibilities for 551
829	829	the minor child. 552
830	830	4. On the same basis as provided in chapter 61, 553
831	831	establishing temporary support for a minor child or children or 554
832	832	the petitioner. An order of temporary support remains in effect 555
833	833	until the order expires or an order is entered by a court of 556
834	834	competent jurisdiction in a pending or subsequent civil action 557
835	835	or proceeding affecting child support. 558
836	836	5. Ordering the respondent to participate in treatment, 559
837	837	intervention, or counseling services to be paid for by the 560
838	838	respondent. When the court orders the respondent to participate 561
839	839	in a batterers' intervention program, the court, or any entity 562
840	840	designated by the court, must provide the respondent with a list 563
841	841	of batterers' intervention programs from which the respondent 564
842	842	must choose a program in which to participate. 565
843	843	6. Referring a petitioner to a certified domestic violence 566
844	844	center or certified domestic violence service provider . The 567
845	845	court must provide the petitioner with a list of certified 568
846	846	domestic violence centers or certified domestic violence service 569
847	847	providers in the circuit which the pet itioner may contact. 570
848	848	7. Awarding to the petitioner the exclusive care, 571
849	849	possession, or control of an animal that is owned, possessed, 572
850	850	harbored, kept, or held by the petitioner, the respondent, or a 573
851	851	minor child residing in the residence or household of the 574
852	852	petitioner or respondent. The court may order the respondent to 575
853	853
854	854	HB 759 2022
855	855
856	856
857	857
858	858	CODING: Words stricken are deletions; words underlined are additions.
859	859	hb0759-00
860	860	Page 24 of 32
861	861	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862	862
863	863
864	864
865	865	have no contact with the animal and prohibit the respondent from 576
866	866	taking, transferring, encumbering, concealing, harming, or 577
867	867	otherwise disposing of the animal. This subparagraph does not 578
868	868	apply to an animal owned primarily for a bona fide agricultural 579
869	869	purpose, as defined under s. 193.461, or to a service animal, as 580
870	870	defined under s. 413.08, if the respondent is the service 581
871	871	animal's handler. 582
872	872	8. Ordering such other relief as the court deems neces sary 583
873	873	for the protection of a victim of domestic violence, including 584
874	874	injunctions or directives to law enforcement agencies, as 585
875	875	provided in this section. 586
876	876	(7) The court shall allow an advocate from a state 587
877	877	attorney's office, an advocate from a law enforceme nt agency, or 588
878	878	an advocate from a certified domestic violence center or 589
879	879	certified domestic violence service provider who is registered 590
880	880	under s. 39.905 to be present with the petitioner or respondent 591
881	881	during any court proceedings or hearings related to the 592
882	882	injunction for protection, provided the petitioner or respondent 593
883	883	has made such a request and the advocate is able to be present. 594
884	884	Section 18. Paragraph (d) of subsection (1) of section 595
885	885	741.316, Florida Statutes, is amended to read: 596
886	886	741.316 Domestic viol ence fatality review teams; 597
887	887	definition; membership; duties. — 598
888	888	(1) As used in this section, the term "domestic violence 599
889	889	fatality review team" means an organization that includes, but 600
890	890
891	891	HB 759 2022
892	892
893	893
894	894
895	895	CODING: Words stricken are deletions; words underlined are additions.
896	896	hb0759-00
897	897	Page 25 of 32
898	898	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899	899
900	900
901	901
902	902	is not limited to, representatives from the following agencies 601
903	903	or organizations: 602
904	904	(d) Certified domestic violence centers or certified 603
905	905	domestic violence service providers . 604
906	906	Section 19. Subsections (11) and (12) of section 784.046, 605
907	907	Florida Statutes, are amended to read: 606
908	908	784.046 Action by victim of repeat violence, sexual 607
909	909	violence, or dating violence for protective injunction; dating 608
910	910	violence investigations, notice to victims, and reporting; 609
911	911	pretrial release violations; public records exemption. — 610
912	912	(11) Any law enforcement officer who investigates an 611
913	913	alleged incident of dat ing violence shall assist the victim to 612
914	914	obtain medical treatment if such is required as a result of the 613
915	915	alleged incident to which the officer responds. Any law 614
916	916	enforcement officer who investigates an alleged incident of 615
917	917	dating violence shall advise the vic tim of such violence that 616
918	918	there are is a domestic violence centers or domestic violence 617
919	919	service providers center from which the victim may receive 618
920	920	services. The law enforcement officer shall give the victim 619
921	921	immediate notice of the legal rights and remedies available on a 620
922	922	standard form developed and distributed by the Department of Law 621
923	923	Enforcement. As necessary, the Department of Law Enforcement 622
924	924	shall revise the Legal Rights and Remedies Notice to Victims to 623
925	925	include a general summary of this section, using s imple English 624
926	926	as well as Spanish, and shall distribute the notice as a model 625
927	927
928	928	HB 759 2022
929	929
930	930
931	931
932	932	CODING: Words stricken are deletions; words underlined are additions.
933	933	hb0759-00
934	934	Page 26 of 32
935	935	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936	936
937	937
938	938
939	939	form to be used by all law enforcement agencies throughout the 626
940	940	state. The notice shall include: 627
941	941	(a) The resource listing, including telephone number, for 628
942	942	the local certified area domestic violence center or local 629
943	943	certified domestic violence service provider, if any, designated 630
944	944	by the Department of Children and Families; and 631
945	945	(b) A copy of the following statement: "IF YOU ARE THE 632
946	946	VICTIM OF DATING VIOLENCE, you may ask the state a ttorney to 633
947	947	file a criminal complaint. You also have the right to go to 634
948	948	court and file a petition requesting an injunction for 635
949	949	protection from dating violence which may include, but need not 636
950	950	be limited to, provisions that restrain the abuser from further 637
951	951	acts of abuse; direct the abuser to leave your household; and 638
952	952	prevent the abuser from entering your residence, school, 639
953	953	business, or place of employment." 640
954	954	(12) When a law enforcement officer investigates an 641
955	955	allegation that an incident of dating violence has occurred, the 642
956	956	officer shall handle the incident pursuant to the arrest policy 643
957	957	provided in s. 901.15(7), and as developed in accordance with 644
958	958	subsections (13), (14), and (16). Whether or not an arrest is 645
959	959	made, the officer shall make a written police report that is 646
960	960	complete and clearly indicates that the alleged offense was an 647
961	961	incident of dating violence. Such report shall be given to the 648
962	962	officer's supervisor and filed with the law enforcement agency 649
963	963	in a manner that will permit data on dating violence cases to be 650
964	964
965	965	HB 759 2022
966	966
967	967
968	968
969	969	CODING: Words stricken are deletions; words underlined are additions.
970	970	hb0759-00
971	971	Page 27 of 32
972	972	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973	973
974	974
975	975
976	976	compiled. Such report must include: 651
977	977	(a) A description of physical injuries observed, if any. 652
978	978	(b) If a law enforcement officer decides not to make an 653
979	979	arrest or decides to arrest two or more parties, the grounds for 654
980	980	not arresting anyone or for arre sting two or more parties. 655
981	981	(c) A statement which indicates that a copy of the legal 656
982	982	rights and remedies notice was given to the victim. 657
983	983	658
984	984	Whenever possible, the law enforcement officer shall obtain a 659
985	985	written statement from the victim and witnesses concern ing the 660
986	986	alleged dating violence. The officer shall submit the report to 661
987	987	the supervisor or other person to whom the employer's rules or 662
988	988	policies require reports of similar allegations of criminal 663
989	989	activity to be made. The law enforcement agency shall, withou t 664
990	990	charge, send a copy of the initial police report, as well as any 665
991	991	subsequent, supplemental, or related report, which excludes 666
992	992	victim or witness statements or other materials that are part of 667
993	993	an active criminal investigation and are exempt from disclosure 668
994	994	under chapter 119, to the nearest local locally certified 669
995	995	domestic violence center and local certified domestic violence 670
996	996	service provider, if any, within 24 hours after the agency's 671
997	997	receipt of the report. The report furnished to the domestic 672
998	998	violence center and domestic violence service provider must 673
999	999	include a narrative description of the dating violence incident. 674
1000	1000	Section 20. Paragraph (c) of subsection (2), paragraph (a) 675
1001	1001
1002	1002	HB 759 2022
1003	1003
1004	1004
1005	1005
1006	1006	CODING: Words stricken are deletions; words underlined are additions.
1007	1007	hb0759-00
1008	1008	Page 28 of 32
1009	1009	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1010	1010
1011	1011
1012	1012
1013	1013	of subsection (6), and subsection (7) of section 784.0485, 676
1014	1014	Florida Statutes, are amended to read: 677
1015	1015	784.0485 Stalking; injunction; powers and duties of court 678
1016	1016	and clerk; petition; notice and hearing; temporary injunction; 679
1017	1017	issuance of injunction; statewide verification system; 680
1018	1018	enforcement.— 681
1019	1019	(2) 682
1020	1020	(c)1. The clerk of the court shall assis t petitioners in 683
1021	1021	seeking both injunctions for protection against stalking and 684
1022	1022	enforcement of a violation thereof as specified in this section. 685
1023	1023	2. All offices of the clerk of the court shall provide 686
1024	1024	simplified petition forms for the injunction and any 687
1025	1025	modifications to and the enforcement thereof, including 688
1026	1026	instructions for completion. 689
1027	1027	3. The clerk of the court shall ensure the petitioner's 690
1028	1028	privacy to the extent practicable while completing the forms for 691
1029	1029	an injunction for protection against stalking. 692
1030	1030	4. The clerk of the court shall provide a petitioner with 693
1031	1031	a minimum of two certified copies of the order of injunction, 694
1032	1032	one of which is serviceable and will inform the petitioner of 695
1033	1033	the process for service and enforcement. 696
1034	1034	5. The clerk of the court and app ropriate staff in each 697
1035	1035	county shall receive training in the effective assistance of 698
1036	1036	petitioners as provided or approved by the Florida Association 699
1037	1037	of Court Clerks and Comptrollers. 700
1038	1038
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1042	1042
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1046	1046	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1048	1048
1049	1049
1050	1050	6. The clerk of the court in each county shall make 701
1051	1051	available information al brochures on stalking when such a 702
1052	1052	brochure is provided by the local certified domestic violence 703
1053	1053	center, local certified domestic violence service provider, or 704
1054	1054	certified rape crisis center. 705
1055	1055	7. The clerk of the court in each county shall distribute 706
1056	1056	a statewide uniform informational brochure to petitioners at the 707
1057	1057	time of filing for an injunction for protection against stalking 708
1058	1058	when such brochures become available. The brochure must include 709
1059	1059	information about the effect of giving the court false 710
1060	1060	information. 711
1061	1061	(6)(a) Upon notice and hearing, when it appears to the 712
1062	1062	court that the petitioner is the victim of stalking, the court 713
1063	1063	may grant such relief as the court deems proper, including an 714
1064	1064	injunction: 715
1065	1065	1. Restraining the respondent from committing any act of 716
1066	1066	stalking. 717
1067	1067	2. Ordering the respondent to participate in treatment, 718
1068	1068	intervention, or counseling services to be paid for by the 719
1069	1069	respondent. 720
1070	1070	3. Referring a petitioner to appropriate services. The 721
1071	1071	court may provide the petitioner with a list of certified 722
1072	1072	domestic violence centers, certified domestic violence service 723
1073	1073	providers, certified rape crisis centers, and other appropriate 724
1074	1074	referrals in the circuit which the petitioner may contact. 725
1075	1075
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1079	1079
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1083	1083	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1084	1084
1085	1085
1086	1086
1087	1087	4. Ordering such other relief as the court deems necessary 726
1088	1088	for the protection of a victim of stalking, including 727
1089	1089	injunctions or directives to law enforcement agencies, as 728
1090	1090	provided in this section. 729
1091	1091	(7) The court shall allow an advocate from a state 730
1092	1092	attorney's office, a law enforcement agency, a certified rape 731
1093	1093	crisis center, or a certified domestic violence center , or a 732
1094	1094	certified domestic violence service provider who is registered 733
1095	1095	under s. 39.905 to be present with the petitioner or respondent 734
1096	1096	during any court proceedings or hearings related to the 735
1097	1097	injunction for protection i f the petitioner or respondent has 736
1098	1098	made such a request and the advocate is able to be present. 737
1099	1099	Section 21. Subsection (4) of section 944.705, Florida 738
1100	1100	Statutes, is amended to read: 739
1101	1101	944.705 Release orientation program. — 740
1102	1102	(4) Any inmate who claims to b e a victim of domestic 741
1103	1103	violence as defined in s. 741.28 shall receive, as part of the 742
1104	1104	release orientation program, referral to the nearest domestic 743
1105	1105	violence center and domestic violence service provider, if any, 744
1106	1106	certified under chapter 39. 745
1107	1107	Section 22. Paragraph (c) of subsection (2) of section 746
1108	1108	960.198, Florida Statutes, is amended to read: 747
1109	1109	960.198 Relocation assistance for victims of domestic 748
1110	1110	violence.— 749
1111	1111	(2) In order for an award to be granted to a victim for 750
1112	1112
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1120	1120	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1121	1121
1122	1122
1123	1123
1124	1124	relocation assistance: 751
1125	1125	(c) The victim's need for assistance must be certified by 752
1126	1126	a certified domestic violence center or certified domestic 753
1127	1127	violence service provider in the this state; and 754
1128	1128	Section 23. Subsection (2) of section 984.071, Florida 755
1129	1129	Statutes, is amended to read: 756
1130	1130	984.071 Resources and information.— 757
1131	1131	(2) The department, in collaboration with organizations 758
1132	1132	that provide expertise, training, and advocacy in the areas of 759
1133	1133	family and domestic violence, shall develop and maintain updated 760
1134	1134	information and materials describing resources an d services 761
1135	1135	available to parents and legal custodians who are victims of 762
1136	1136	domestic violence committed by children or who fear that they 763
1137	1137	will become victims of such acts and to children who have 764
1138	1138	committed acts of domestic violence or who demonstrate behaviors 765
1139	1139	that may escalate into domestic violence. Such resources and 766
1140	1140	services shall include, but are not limited to, those available 767
1141	1141	under this chapter, domestic violence services available under 768
1142	1142	chapter 39, and juvenile justice services available pursuant to 769
1143	1143	chapter 985, including prevention, diversion, detention, and 770
1144	1144	alternative placements. The materials shall describe how parents 771
1145	1145	and legal custodians may access the resources and services in 772
1146	1146	their local area. The department shall post this information on 773
1147	1147	its website and make the materials available to certified 774
1148	1148	domestic violence centers, certified domestic violence service 775
1149	1149
1150	1150	HB 759 2022
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1157	1157	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1158	1158
1159	1159
1160	1160
1161	1161	providers, other organizations serving victims of domestic 776
1162	1162	violence, clerks of court, law enforcement agencies, and other 777
1163	1163	appropriate organiza tions for distribution to the public. 778
1164	1164	Section 24. Paragraph (e) of subsection (1) of section 779
1165	1165	1002.81, Florida Statutes, is amended to read: 780
1166	1166	1002.81 Definitions. —Consistent with the requirements of 781
1167	1167	45 C.F.R. parts 98 and 99 and as used in this part, t he term: 782
1168	1168	(1) "At-risk child" means: 783
1169	1169	(e) A child in the custody of a parent who is considered a 784
1170	1170	victim of domestic violence and is receiving services through a 785
1171	1171	certified domestic violence center or certified domestic 786
1172	1172	violence service provider . 787
1173	1173	Section 25. This act shall take effect July 1, 2022. 788