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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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Florida Senate - 2010                                    SB 1012 
 
By Senator Jones 
13-00974-10                                           20101012__ 
1                        A bill to be entitled 
2         An act relating to juvenile justice facilities and 
3         programs; amending s. 985.03, F.S.; defining the term 
4         “ordinary medical care in department facilities and 
5         programs”; amending s. 985.64, F.S.; requiring that 
6         the Department of Juvenile Justice adopt rules to 
7         ensure the effective delivery of services to children 
8         in the care and custody of the department; requiring 
9         the department to coordinate its rule-adoption process 
10         with the Department of Children and Family Services 
11         and the Agency for Persons with Disabilities to ensure 
12         that the department’s rules do not encroach upon the 
13         substantive jurisdiction of those agencies; amending 
14         s. 985.721, F.S.; conforming a cross-reference; 
15         providing an effective date. 
16 
17  Be It Enacted by the Legislature of the State of Florida: 
18 
19         Section 1. Present subsections (39) through (57) of section 
20  985.03, Florida Statutes, are renumbered as subsections (40) 
21  through (58), respectively, and a new subsection (39) is added 
22  to that section, to read: 
23         985.03 Definitions.—As used in this chapter, the term: 
24         (39) “Ordinary medical care in department facilities and 
25  programs” means medical procedures that are administered or 
26  performed on a routine basis and include, but are not limited 
27  to, inoculations, physical examinations, remedial treatment for 
28  minor illnesses and injuries, preventive services, medication 
29  management, chronic disease detection and treatment, and other 
30  medical procedures that are administered or performed on a 
31  routine basis and do not involve hospitalization, surgery, or 
32  the use of general anesthesia. 
33         Section 2. Section 985.64, Florida Statutes, is amended to 
34  read: 
35         985.64 Rulemaking.— 
36         (1) The department shall adopt rules pursuant to ss. 
37  120.536(1) and 120.54 to implement the provisions of this 
38  chapter. Such rules may not conflict with the Florida Rules of 
39  Juvenile Procedure. All rules and policies must conform to 
40  accepted standards of care and treatment. 
41         (2) The department shall adopt rules to ensure the 
42  effective delivery of services to children in the care and 
43  custody of the department. The rules must address the delivery 
44  of: 
45         (a) Ordinary medical care in department facilities and 
46  programs; 
47         (b) Mental health services in department facilities and 
48  programs; 
49         (c) Substance abuse treatment services in department 
50  facilities and programs; and 
51         (d) Services to children with developmental disabilities in 
52  department facilities and programs. 
53 
54  The department shall coordinate its rulemaking with the 
55  Department of Children and Family Services and the Agency for 
56  Persons with Disabilities to ensure that the rules adopted under 
57  this section do not encroach upon the substantive jurisdiction 
58  of those agencies. The department shall include the above 
59  mentioned entities in the rulemaking process, as appropriate. 
60         Section 3. Section 985.721, Florida Statutes, is amended to 
61  read: 
62         985.721 Escapes from secure detention or residential 
63  commitment facility.—An escape from: 
64         (1) Any secure detention facility maintained for the 
65  temporary detention of children, pending adjudication, 
66  disposition, or placement; 
67         (2) Any residential commitment facility described in s. 
68  985.03(45) s. 985.03(44), maintained for the custody, treatment, 
69  punishment, or rehabilitation of children found to have 
70  committed delinquent acts or violations of law; or 
71         (3) Lawful transportation to or from any such secure 
72  detention facility or residential commitment facility, 
73 
74  constitutes escape within the intent and meaning of s. 944.40 
75  and is a felony of the third degree, punishable as provided in 
76  s. 775.082, s. 775.083, or s. 775.084. 
77         Section 4. This act shall take effect July 1, 2010.