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.
   17  Be It Enacted by the Legislature of the State of Florida:
   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.
   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,
   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.

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