January 24, 2021
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_h0813__
HB 813

1
A bill to be entitled
2An act relating to juvenile justice facilities and
3programs; amending s. 985.03, F.S.; defining the term
4"ordinary medical care"; amending s. 985.64, F.S.;
5requiring that the Department of Juvenile Justice adopt
6rules to ensure the effective delivery of services to
7youth in facilities or programs operated or contracted by
8the department; requiring the department to coordinate its
9rule-adoption process with the Department of Children and
10Family Services and the Agency for Persons with
11Disabilities to ensure that the department's rules do not
12encroach upon the substantive jurisdiction of those
13agencies; amending s. 985.721, F.S.; conforming a cross-
14reference; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Present subsections (39) through (57) of
19section 985.03, Florida Statutes, are renumbered as subsections
20(40) through (58), respectively, and a new subsection (39) is
21added to that section to read:
22     985.03  Definitions.-As used in this chapter, the term:
23     (39)  "Ordinary medical care" means medical procedures that
24are administered or performed on a routine basis and include,
25but are not limited to, inoculations, physical examinations,
26remedial treatment for minor illnesses and injuries, preventive
27services, medication management, chronic disease detection and
28treatment, and other medical procedures that are administered or
29performed on a routine basis and do not involve hospitalization,
30surgery, use of general anesthesia, or the provision of
31psychotropic medications for which a separate court order, power
32of attorney, or informed consent as provided by law is required.
33     Section 2.  Section 985.64, Florida Statutes, is amended to
34read:
35     985.64  Rulemaking.-
36     (1)  The department shall adopt rules pursuant to ss.
37120.536(1) and 120.54 to implement the provisions of this
38chapter. Such rules may not conflict with the Florida Rules of
39Juvenile Procedure. All rules and policies must conform to
40accepted standards of care and treatment.
41     (2)  The department shall adopt rules to ensure the
42effective provision of health services to youth in facilities or
43programs operated or contracted by the department. The rules
44must address the delivery of the following:
45     (a)  Ordinary medical care.
46     (b)  Mental health services.
47     (c)  Substance abuse treatment services.
48     (d)  Services to youth with developmental disabilities.
49
50The department shall coordinate its rulemaking with the
51Department of Children and Family Services and the Agency for
52Persons with Disabilities to ensure that the rules adopted under
53this section do not encroach upon the substantive jurisdiction
54of those agencies. The department shall include the above-
55mentioned entities in the rulemaking process, as appropriate.
56     Section 3.  Section 985.721, Florida Statutes, is amended
57to read:
58     985.721  Escapes from secure detention or residential
59commitment facility.-An escape from:
60     (1)  Any secure detention facility maintained for the
61temporary detention of children, pending adjudication,
62disposition, or placement;
63     (2)  Any residential commitment facility described in s.
64985.03(45)(44), maintained for the custody, treatment,
65punishment, or rehabilitation of children found to have
66committed delinquent acts or violations of law; or
67     (3)  Lawful transportation to or from any such secure
68detention facility or residential commitment facility,
69
70constitutes escape within the intent and meaning of s. 944.40
71and is a felony of the third degree, punishable as provided in
72s. 775.082, s. 775.083, or s. 775.084.
73     Section 4.  This act shall take effect July 1, 2010.


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