2010 Legislature CS for SB 1012
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.
19 Be It Enacted by the Legislature of the State of Florida:
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
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.
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
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.
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,
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.