Bill Text: FL S1012 | 2010 | Regular Session | Enrolled

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Bill Title: Juvenile Justice Facilities and Programs [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-05-27 - Approved by Governor; Chapter No. 2010-123 [S1012 Detail]

Download: Florida-2010-S1012-Enrolled.html

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ENROLLED 
2010 Legislature                                  CS for SB 1012 
20101012er 
1 
2         An act relating to juvenile justice facilities and 
3         programs; amending s. 985.03, F.S.; defining the term 
4         “ordinary medical care”; amending s. 985.64, F.S.; 
5         requiring that the Department of Juvenile Justice 
6         adopt rules to ensure the effective delivery of 
7         services to children in the care and custody of the 
8         department; requiring the department to coordinate its 
9         rule-adoption process with the Department of Children 
10         and Family Services and the Agency for Persons with 
11         Disabilities to ensure that the department’s rules do 
12         not encroach upon the substantive jurisdiction of 
13         those agencies; clarifying that the rules of the 
14         Department of Juvenile Justice do not supersede 
15         provisions governing consent to treatment and 
16         services; amending s. 985.721, F.S.; conforming a 
17         cross-reference; providing an effective date. 
18 
19  Be It Enacted by the Legislature of the State of Florida: 
20 
21         Section 1. Present subsections (39) through (57) of section 
22  985.03, Florida Statutes, are renumbered as subsections (40) 
23  through (58), respectively, and a new subsection (39) is added 
24  to that section, to read: 
25         985.03 Definitions.—As used in this chapter, the term: 
26         (39) “Ordinary medical care” means medical procedures that 
27  are administered or performed on a routine basis and include, 
28  but are not limited to, inoculations, physical examinations, 
29  remedial treatment for minor illnesses and injuries, preventive 
30  services, medication management, chronic disease detection and 
31  treatment, and other medical procedures that are administered or 
32  performed on a routine basis and do not involve hospitalization, 
33  surgery, the use of general anesthesia, or the provision of 
34  psychotropic medications. 
35         Section 2. Section 985.64, Florida Statutes, is amended to 
36  read: 
37         985.64 Rulemaking.— 
38         (1) The department shall adopt rules pursuant to ss. 
39  120.536(1) and 120.54 to implement the provisions of this 
40  chapter. Such rules may not conflict with the Florida Rules of 
41  Juvenile Procedure. All rules and policies must conform to 
42  accepted standards of care and treatment. 
43         (2) The department shall adopt rules to ensure the 
44  effective provision of health services to youth in facilities or 
45  programs operated or contracted by the department. The rules 
46  shall address the delivery of the following: 
47         (a) Ordinary medical care. 
48         (b) Mental health services. 
49         (c) Substance abuse treatment services. 
50         (d) Services to youth with developmental disabilities. 
51 
52  The department shall coordinate its rulemaking with the 
53  Department of Children and Family Services and the Agency for 
54  Persons with Disabilities to ensure that the rules adopted under 
55  this section do not encroach upon the substantive jurisdiction 
56  of those agencies. The department shall include the above 
57  mentioned entities in the rulemaking process, as appropriate. 
58  This subsection does not supersede the provisions governing 
59  consent to treatment and services found in ss. 39.407, 743.0645, 
60  and 985.18, or otherwise provided by law. 
61         Section 3. Section 985.721, Florida Statutes, is amended to 
62  read: 
63         985.721 Escapes from secure detention or residential 
64  commitment facility.—An escape from: 
65         (1) Any secure detention facility maintained for the 
66  temporary detention of children, pending adjudication, 
67  disposition, or placement; 
68         (2) Any residential commitment facility described in s. 
69  985.03(45) s. 985.03(44), maintained for the custody, treatment, 
70  punishment, or rehabilitation of children found to have 
71  committed delinquent acts or violations of law; or 
72         (3) Lawful transportation to or from any such secure 
73  detention facility or residential commitment facility, 
74 
75  constitutes escape within the intent and meaning of s. 944.40 
76  and is a felony of the third degree, punishable as provided in 
77  s. 775.082, s. 775.083, or s. 775.084. 
78         Section 4. This act shall take effect July 1, 2010.