The Department intends to update rules 65H-1.011-.018, F.A.C., to conform to Laws of Florida 2020-6 and amend a form.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Domestic Violence

RULE NOS.:RULE TITLES:

65H-1.011Definitions

65H-1.012Application and Certification Process

65H-1.013Administration and Operations

65H-1.014Services

65H-1.015Emergency Shelter Facilities

65H-1.016Confidentiality

65H-1.017Monitoring and Evaluation

65H-1.018Funding Procedures

PURPOSE AND EFFECT: The Department intends to update rules 65H-1.011-.018, F.A.C., to conform to Laws of Florida 2020-6 and amend a form.

SUMMARY: The amendments will remove all references to the Florida Coalition Against Domestic Violence and update the Domestic Violence Center Certification Application.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 39.903, FS.

LAW IMPLEMENTED: 39.903, 39.905, 39.908, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jodi Abramowitz. Jodi can be reached at [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65H-1.011 Definitions.

For the purposes of this rule chapter, the following definitions apply:

(1) through (5) No change.

(6) “Dating Violence” means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature as defined in Section 784.046, F.S.

(7) No change.

(8) “Domestic Violence” means the perpetration of violence between intimate partners, spouses, ex-spouses, or those who share a child in common or who are cohabitants in an intimate relationship, for the purpose of exercising power and control by one over the other as defined in Section 741.28, F.S.

(9) through (11) No change.

(12) “Florida Coalition Against Domestic Violence” (the Coalition) means the statewide association whose primary purpose is to represent and provide technical assistance to certified domestic violence centers, evaluate all services provided by certified domestic violence centers, and approve or reject applications for funding of certified domestic violence centers as provided for in Section 39.903, F.S.

(12)(13) No change.

(14) “Power and Control Model” means intervention that recognizes domestic violence where one partner in an intimate relationship systematically uses tactics of emotional and physical abuse in order to maintain power and control over the other.

(15) through (19) are renumbered (13) through (17) No change.

Rulemaking Authority 39.903 FS. Law Implemented 39.905 FS. History–New 11-30-09. Amended_____

 

65H-1.012 Application and Certification Process.

(1) Certification Eligibility.

(a) To be eligible for certification an applicant shall be a not-for-profit corporation created for the purpose of operating a domestic violence center. The not-for-profit corporation may be affiliated with a local government entity or a larger private organization, but must be a distinct entity with its own corporate structure and budget. Existing domestic violence centers initially certified prior to November 30, 2009, shall be exempt from the foregoing requirement. All funding and budget issues pertaining to the operation of the domestic violence program must be reported independently from other activities. The domestic violence center’s primary mission shall be the provision of services to victims of domestic violence, as defined in Section 741.28, F.S.

(b) through (d) No change.

(e) An applicant must agree to become a member of the Florida Coalition Against Domestic Violence (hereinafter “Coalition”) and maintain membership as a condition of certification. Failure to join the Coalition and maintain membership shall be grounds for revocation of certification.

(2) Application. Application for initial certificaton shall be made on Form CF 613, Domestic Violence Center Certification Application, https://www.flrules.org/Gateway/reference.asp?No=Ref-____04944, (insert date) January 2015, which is incorporated by reference . Form CF 613 may be obtained from the Domestic Violence Program Office, or on the Department’s website at http://www.myflfamilies.com/service-programs/domestic-violence.  The full-time administrator, board president, or the designated representative of a corporation shall complete the application. The application shall include the following attachments: (3) Certification.

(a) Business Plan. The business plan shall provide a comprehensive description of all administrative and programmatic activities for current and future operations. The plan must include the following:

1. through 3. No change.

4. Management Plan. The management plan shall include a detailed detail description of the organization’s legal and organizational structure, including names, contact information and resumes for the management team, board of directors, and, if applicable, any advisory boards. The plan must include documentation of the selection process, code of conduct, duties and responsibilities, training requirements, and minutes from the past six meetings of the board of directors, and, if applicable, any advisory boards. Copies of by-laws, IRS tax exemption determination letter, Federal Employment Identification (FEID) number, city business license, county business license, and certificate of status or acknowledgement letter of registration from the Florida Department of State shall also be included.

5. No change.

6. Personnel Plan. The personnel plan shall include an organizational chart identifying all center employees. The plan must clearly describe each employee’s responsibilities, and include clear lines of authority, accountability, and lines of communication; processes for evaluations and disciplinary action; position descriptions; and the shift schedule for the emergency shelter. The personnel plan must also include the provider’s staff training and development plan and meet the requirements provided in Rule 65H-1.013, F.A.C., and an explanation of measures utilized to maintain the safety of persons receiving services, including, at a minimum, any background screening, reference checks, verification of previous employment, and certifications of center employees.

7. No change.

8. Service Plan. The service plan shall include an identification and comprehensive description of each service required by Section 39.905, F.S., and any additional services and programs provided by the provider. The description must illustrate the manner in which services will be integrated with existing resources for domestic violence victims, for example, inter-agency agreements. For each of the services required in Section 39.905, F.S., the applicant must address the needs of underserved populations, including populations that are underserved because of disabilities, ethnicity, race, language, or geographic isolation, and specific efforts to reach each of these populations within the organization’s service area. Documentation of services shall include services provided during the previous 18 months of operation as a domestic violence program, and include the number of persons served for each required service, and the gender, age, and ethnicity of the people served.

(3) Certification.

(a) No change.

(b) The Department will annually renew a center’s certification upon the June 30 expiration date provided the center Department has received a favorable monitoring report from the Department or contracted entity Coalition.

(c) through (e) No change.

Rulemaking Authority 39.903 FS. Law Implemented 39.903 FS. History–New 11-30-09, Formerly 65H-1.001, 65H-1.002, Amended 2-5-15,____.

 

65H-1.013 Administration and Operations.

The provider shall develop and implement written policies and procedures that ensure compliance with all provisions of this rule chapter and Sections 39.905 and 39.908, F.S. The provider shall make the written policies and procedures available to all employees and volunteers upon their beginning date of employment or service, and, thereafter, as revised. Employees and volunteers must indicate in writing that they have read and understand the policies and procedures, relevant to their position or volunteer duties, which must be documented in their personnel file. At a minimum, the operating policies or procedures shall address the following:

(1) through (6) No change.

(7) Incident Reporting. The provider shall notify the Department or contracted entity Coalition as soon as practical, and in no event more than 24 hours, after any incident that involves death or serious injury of a participant or their dependent, as well as any action by the participant or provider staff that results in an inquiry by public media.

(8) Personnel. The provider may not discriminate against employees, applicants for employment, or participants because of their age, race, religion, color, disability, national origin, marital status, or gender. Personnel should racially and ethnically reflect, to the extent possible, the participants they serve. The provider shall ensure that there is adequate staff coverage at all center facilities for the provision of required core services, as well as any additional services the center provides.

(a) A certified domestic violence center must have, at a minimum, the following paid staff positions:

1. One full-time administrator responsible for the management of the domestic violence center who reports to the board of directors. Qualifications include a bBachelor’s degree from an accredited college or university and two years’ experience working in the domestic violence field, or four years minimum experience in an administrative/management capacity and two years’ experience working in the domestic violence field. The administrator must successfully complete 30 hours of domestic violence competency-based core training within 90 days of their date of employment. Upon successful completion, the administrator must register, according to Section 39.905, F.S., as someone who may claim privilege under Section 90.5036, F.S. In the event the administrator position becomes vacant, an interim administrator must be appointed until the position can be filled permanently. A board member may not serve in the position at any time.

2. One full-time advocate services manager responsible for managing all advocacy, counseling, and volunteer services. Qualifications include a bBachelor’s degree from an accredited college or university, or four years of direct service experience in the field of domestic violence. The advocate services manager must successfully complete 30 hours of domestic violence competency-based core training within 90 days of their date of employment. Upon successful completion, the advocate services manager must register according to Section 39.905, F.S., as someone who may claim privilege under Section 90.5036, F.S. (b) If the administrator or accounting manager positions listed above become vacant, or if the employee assigned to the position is unable to fulfill their duties and responsibilities due to an extended absence, the provider shall notify the Department or contracted entity Coalition within five business days of the vacancy or absence.

3. through 4. No change.

(b) If the administrator or accounting manager positions listed above become vacant, or if the employee assigned to the position is unable to fulfill their duties and responsibilities due to an extended absence, the provider shall notify the Department or contracted entity Coalition within five business days of the vacancy or absence.

(c) through (f) No change.

(9) Privilege. The provider shall ensure that all employees and volunteers who provide direct services register for advocate-victim privilege according to Section 90.5036, F.S. The provider shall ensure that a current and accurate list of said employees and volunteers with their position title is filed with the Department or contracted entity Coalition. The provider, as necessary, shall file amendments to the list.

(10) Record Keeping. The provider shall provide for the maintenance of records, including electronic storage media, regarding the administrative, fiscal, and programmatic operation of the domestic violence center. Records shall be current, complete, accurate, and maintained in such form as to permit Department or contracted entity Coalition evaluation during the hours of operation. Information about domestic violence center clients or the location of the domestic violence center may not be disclosed except as provided in Section 39.908, F.S. All records and files, including electronic storage media, shall be kept for a minimum period of six years after termination of certification, or if an audit has been initiated and audit findings have not been resolved at the end of six years, the records and files shall be retained until resolution of the audit findings. The Department shall make the final determination as to what constitutes a satisfactory resolution of audit findings. Records include, but are not limited, to the following:

(a) No change.

(b) Fiscal Records. The provider shall maintain an accounting system capable of distinguishing between all revenue sources and expenditures and in accordance with generally accepted accounting principles (GAAP) as established by the Federal Accounting Standards Advisory Board defined by Rule 61H1-20.007, F.A.C. (9-29-02). The provider’s fiscal records shall provide an accounting of the revenue and expenditures of the certified center that is separate and distinct from other programs and services that may be operated by a parent entity such as a local government or an umbrella agency. The provider’s fiscal records must be available for inspection by the Department or contracted entity Coalition upon request.

(c) Service Reports. The provider shall collect and compile a monthly record of all services provided. The record shall include the gender, age, ethnicity, and, if applicable, other information as required by contract, of the people served. The provider shall forward a monthly summary report to the Department or contracted entity Coalition each month for evaluation of domestic violence service trends.

(11) Staff Training and Development. The provider shall develop, implement, and review revise annually and revise as necessary a staff training and development plan to ensure that all new employees, current employees, and volunteers meet training requirements as required by this rule. The plan shall include policies and procedures for implementing training activities, course titles, descriptions, objectives, number of hours, names of instructors with title or position or source, dates or timeframes, and training requirements for each staff position. The training of each employee and volunteer shall be documented in the staff member’s personnel file or training record and shall include activities or course titles, number of hours, names of instructors and title or position, and dates of completion. The minimum training must include:

(a) through (c) No change.

Rulemaking Authority 39.903 FS. Law Implemented 39.905 FS. History–New 11-30-09, Formerly 65H-1.001, 65H-1.003, Amended 2-5-15,____.

 

65H-1.014 Services.

(1) through (2) No change.

(3) Case Management. A collaborative process of assessment, planning, facilitation, and advocacy for options and services to meet a center participant’s needs.

(a) No change.

(b) Individual case records shall be maintained, shall be current, and shall include at a minimum:

1. Identification data including name, age, ethnicity, and other relevant information for the participant and any dependents; and,

2. No change.

(c) No change.

(d) In order to ensure the safety of participants and their dependents the provider shall protect the confidentiality and privacy of persons receiving services. Center staff shall not disclose any personally identifiable identifying information collected in connection with services or reveal individual participant information without the informed, written, time-limited consent of the participant, except in limited circumstances described in the Section 39.908, F.S.

(4) through (9) No change.

Rulemaking Authority 39.903 FS. Law Implemented 39.905, 39.908 FS. History–New 11-30-09, Formerly 65H-1.001, 65H-1.003, Amended 2-5-15,____.

 

65H-1.015 Emergency Shelter Facilities.

(1) Design, Construction, and Accessibility. The provider shall ensure that the design and construction of new shelter facilities or alterations to an existing facility meet the minimum requirements of the applicable state and local governing agencies. All shelter facilities maintained by the provider shall meet the requirements of Sections 553.501-.5141 553.501-.513, F.S., and the Americans with Disabilities Act Standards for Accessible Design in the Code of Federal Regulations, Title 28, Part 36, Appendix A. Facilities certified prior to the effective date of this rule must meet these minimum standards except where the cost of compliance with a particular standard would impose an undue burden on the provider, as described in the Code of Federal Regulations, Title 28, Section 35.150. Any alteration to a shelter facility certified prior to the effective date of this rule must meet the accessibility guidelines described above, as provided in the Code of Federal Regulations, Title 28, Section 36.402.

(2) Physical Safety and Well-being. The provider shall take precautionary measures to provide for the safety, confidentiality, privacy, and well-being of shelter residents.

(a) through (d) No change.

(e) If an outside play area is made available for children, the area shall be free of debris and broken or dangerous materials, and shall be routinely checked for safety. Play areas shall be fenced in accordance with local ordinances to prevent access by children to all water hazards within or adjacent to outdoor play areas, such as pools, ditches, retention and fish ponds. The outdoor play area shall have and maintain safe and adequate fencing or walls a minimum of four feet in height. Fencing, including gates, must be continuous and shall not have gaps that would allow children to exit the outdoor play area. The base of the fence must remain at ground level and be free from erosion or build-up to prevent inside or outside access by children or animals. If the play area is in view of the public, privacy fencing is required.

(f) through (g) No change.

(h) Smoking is prohibited within the shelter facilities, all outdoor play areas, and in vehicles when being used to transport center participants pursuant to Chapter 386, F.S. The provider may designate specific areas for smoking.

(i) Fire Safety. The provider shall ensure that each shelter facility has sprinklers or smoke alarms in each bedroom, and in all hallways and common areas. The provider shall ensure that an annual fire safety inspection, which conforms to fire safety standards as determined by each municipality, county, and special district with fire safety responsibilities as defined in Section 633.0285, F.S., is conducted for each shelter facility. A current inspection report shall be maintained in the center records and made available for inspection upon request.

(j) No change.

(3) No change.

Rulemaking Authority 39.903 FS. Law Implemented 39.905 FS. History–New 11-30-09, Formerly 65H-1.001, 65H-1.003, Amended 2-5-15,____.

 

65H-1.016 Confidentiality.

(1) No change.

(2) The Department and the contracted entity Coalition shall have access to shelters and center records to the extent necessary to perform the oversight function. Providers may not provide individual participant records to stakeholders, partner agencies, and other entities that have an interest in provider operations, except as expressly authorized in Section 39.908, F.S. Client communications that satisfy the criteria for a privileged communication under Section 90.5036, F.S., may be disclosed only as provided in that statute.

(3) No change.

Rulemaking Authority 39.903 FS. Law Implemented 39.908 FS. History–New 11-30-09, Formerly 65H-1.004, Amended____.

 

65H-1.017 Monitoring and Evaluation.

The Department or contracted entity Coalition will monitor each certified center to evaluate compliance with the minimum standards provided in this rule chapter and in Section 39.905, F.S.

(1) To conduct evaluations, the Department or contracted entity Coalition shall have access to a center or subcontractor, its location, records relevant to the operation of said center or subcontractor, records of participants served, and any other information necessary for evaluation of compliance with this rule chapter and Section 39.905, F.S.

(2) The evaluation shall occur annually, through an on-site visit or desktop review, as determined by the Department or contracted entity Coalition. However, an evaluation may occur at any time there is a complaint to the Department or contracted entity Coalition. The contracted entity Coalition and the Department must be granted access to enter and inspect a center as provided in Sections 39.903 and 39.9035, F.S.

(3) Within 60 days after the evaluation, the provider will receive a written report from the Department or contracted entity Coalition detailing whether or not standards have been met. If any deficiencies were cited, the provider will be given ten business days from the date of the written report to submit a corrective action plan. The corrective action plan is subject to approval by the Department or contracted entity Coalition. The severity of the noncompliance may affect the period of time allowed for correction, but in no event shall the corrective action period exceed 90 days. Follow up visits or a desk review will be made by the Department or contracted entity Coalition to determine if the plan of correction is acceptable, has been implemented, or completed.

(4) The Department will renew a center’s annual certification based upon receipt of a favorable monitoring report issued by the Department or contracted entity Coalition as provided in Section 39.903(2), F.S.

(a) A favorable monitoring report means the Department or contracted entity Coalition has determined a center is in compliance with the requirements of this rule chapter, Sections 39.905 and 39.908, F.S., and the contracted entity’s Coalition contract for purposes of subsection 65H-1.012(3), F.A.C. The Department or contracted entity’s Coalition’s determination that a center was initially not in compliance with these requirements, but has successfully completed a corrective action plan will also constitute a favorable monitoring report.

(b) An unfavorable monitoring report means the center is not in compliance with the requirements of this rule chapter, Section 39.905, F.S., the contracted entity’s Coalition contract, and has not successfully completed a corrective action plan as determined by the Department or contracted entity Coalition. An unfavorable monitoring report will result in suspension of a center’s certification, unless the circumstances are beyond the provider’s reasonable control, such as manmade or natural disasters, local zoning ordinances, or permitting processes.

(5) The Department will suspend a center’s certification without allowing an opportunity for corrective action in the event a violation poses an imminent risk of serious harm to the health or safety of participants or staff members. A suspension will continue until the provider completes a corrective action plan, but will not exceed six months. If the provider does not successfully complete the corrective action plan within six months, the center’s certification will be revoked, and certification renewal will be denied.

Rulemaking Authority 39.903 FS. Law Implemented 39.903, 39.905 FS. History–New 11-30-09, Formerly 65H-1.005, Amended 2-5-15,____.

 

65H-1.018 Funding Procedures.

(1) For each funding cycle, the Department or contracted entity Florida Coalition Against Domestic Violence will provide all eligible certified domestic violence centers with an application for funding with instructions for completion.

(2) Newly certified centers without previous funding from the Department or contracted entity Coalition must request an application for funding by July 1 for the following state fiscal year. Certification does not guarantee funding.

(3) In accordance with Section 39.905(7)(a), F.S., all funds collected and appropriated for certified domestic violence centers will annually be distributed by the Department or contracted entity Coalition through an allocation formula developed by the Department or contracted entity Coalition. The Department will review the allocation formula and any revisions made by the contracted entity to ensure that it includes the factors required by Sections 39.903 and 39.905, F.S.

(4) The Department or contracted entity Coalition shall provide final approval of applications for and shall award funds appropriated for certified domestic violence centers as provided in Section 39.903(7), F.S. The Department or contracted entity Coalition shall contract with successful applicants for the operation of certified domestic violence centers.

(5) The Department or contracted entity Coalition will conduct evaluations of certified domestic violence centers to ensure quality services are being provided to center participants.

(6) Funding is contingent upon completion of any corrective action required by the Department or contracted entity Coalition, unless the failure to complete the corrective action is attributable to circumstances that are beyond the provider’s reasonable control.

Rulemaking Authority 39.903 FS. Law Implemented 39.903, 39.905 FS. History–New 11-30-09, Formerly 65H-1.002, Amended___.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Cyndee Odom

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Chad Poppell

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 6, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 16, 2020