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CURRENT
ISSUES
Legislative Issues
JUNE 2008
Leo P. Cotter, Ph.D.
This legislative packet,
Part A, includes a list of current
Florida Statues that define the designation, community
notification, supervision and treatment of sexual predators
and sexual offenders. Please note the legislative changes that
have been implemented in 2007. The most important being the
implementation of the Adam Walsh Act.
Part B of this
legislative packet includes a brief description of sex
offender related bills filed in 2008 legislative session.
Bills were linked between the House and Senate when there was
similar language and intent. The first two bills listed in
section B were the only significant legislation to get
enrolled this session. Please contact me at
LeoCotter@aol.com if you have any questions.
Packet A
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Packet B
QUALIFIED PRACTITIONER
UPDATE
On January 31, 2008 the Florida Board of Clinical Social Work,
Marriage & Family Therapy, and Mental Health Counseling (491)
repealed the "Qualified Practitioner" definition.
(see
page 8 of the minutes)
http://www.doh.state.fl.us/Mqa/491/min_02-01-08.pdf
The Florida Board of Psychology (490) has repealed
the definition of the "Qualified Practitioner".
(see exert below)
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As noted from
the 490 Board's minutes dated 10-26-07
RULE REVIEW AND/OR
DEVELOPMENT (continued)
http://www.doh.state.fl.us/mqa/psychology/min_10-26-07.pdf
Tab 16
Rule 64B19-18.001, F.A.C., Qualifications to Evaluate
and Treat Sex Offenders as a Qualified Practitioner re:
Florida Psychological Association’s Position on the
Impact of SB 1604 (2007), Sexual Offenders
SB 1604 (2007) amended the definition of "Qualified
Practitioner" in s. 947.005, F.S., deleting the
terminology requiring designated practitioners to
provide services under their respective practice acts
"as determined by rule of the respective boards".
During the September 2007 Board Quorum conference
call, the Board reviewed FPA’s position statement
regarding the impact of this legislation on Board Rule
64B19-18.001, F.A.C. The rule specifies criteria for
psychologists to designate themselves as "Qualified
Practitioners" for the purpose of evaluating and
treating sex offenders. The matter was tabled for
further discussion at the next meeting of the Board.
During the October meeting, Dr. Reiff addressed the
Board on behalf of the FPA. It was suggested that Rule
64B19-18.001, F.A.C., and section 5 of Rule
64B19-13.003, F.A.C., be repealed due to changes in the
underlying statute. Rule 64B19-13.003(5), F.A.C.,
specifies continuing education credits for qualified
practitioners.
Following discussion, Dr. Richard Hoffman moved to
repeal Rule 64B19-18.001, F.A.C., and section 5 of Rule
64B19-13.003, F.A.C. Dr. Herbert Goldstein seconded the
motion, which carried 5/0. Ms. Clark will take the
necessary actions to repeal each rule.
Dr. Ana Rivas-Vasquez, Co-Chair of the FPA’s LAPPB,
was present and indicated that the FPA would publish an
article listing the former requirements of these rules
as suggested practice guidelines for affected
psychologists.
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LEGISLATIVE UPDATE
During the 2007
Legislative session there were four bills that have
immediate and direct impact on the clients we treat. Here is a
summary of important legislative changes extracted from the
2007 Legislative Summary Reports.
THE ADAM WALSH CHILD
PROTECTION
SAFETY ACT OF 2006
FLORIDA SENATE BILL 1604
This 63 page bill
extensively amends the state predator and sex offender laws to
comply with the Federal “Adam Walsh Child Protection Safety
Act of 2006”. This legislation requires sexual predators and
certain sex offenders to report in person at the Sheriff’s
Office every three months rather than every six months. This
legislation amends provisions in Florida Statute 943.0435
regarding the definition of “sex offender” and adds juveniles,
who have been adjudicated delinquent for one or more of a
specified list of offenses, to those who are considered to be
sexual offenders. Florida Statue 985.481 creates notification
duties for the Department of Juvenile Justice upon the release
of adjudicated delinquents who are classified as sexual
offenders. After receiving information about a sexual offender
from Department of Juvenile Justice, the Sheriff, Chief of
Police and The Florida Department of Law Enforcement must
provide specified information to any requesting person in a
manner considered appropriate, unless the information is
confidential or exempt under the State law or Constitution.
This bill creates Florida Statue 943.04354 that provides under
certain circumstances for the removal of the requirements of
sexual offender / sexual predator registration. This provision
to get off the sex offender registry is focused on individuals
that were not more than four years older than the victim and
the victim was 14 years of age or older but not more than 17
years of age at the time of the offense. This legislation
creates Florida Statue 943.44353 which requires Florida
Department of Law Enforcement by January 1, 2008 to develop
and maintain a system to provide automatic notification to the
public of registration material regarding sexual predators and
sexual offenders.
CYBER CRIMES AGAINST
CHILDREN ACT 2007
FLORIDA SENATE BILL 1004
This
39 page bill enhances penalties for possession of certain
types of child pornography or using the Internet to influence
a child to commit sexual acts. New felony offenses are created
for misrepresenting age in the course of committing an offense
under Florida Statue 847 and for traveling to meet a minor to
engage in unlawful sexual contact. As of 10/1/07 sexual
predators and sexual offenders will be required to register
any email addresses and instant message names with Florida
Department of Law Enforcement prior to use and to update any
changes. Florida Department of Law Enforcement must establish
a method for online registration and is authorized to provide
the information to social networking sites. The effective date
for this legislation is 10/1/07.
JESSICA LUNSFORD ACT
FLORIDA SENATE BILL 988
This
17 page bill revises parts of the Jessica Lunsford Act to
require that sexual predators and sexual offenders obtain a
drivers license or identification card with distinctive
markings displayed on the front. This bill has an effective
date of 8/1/07.
ANTI MURDER ACT/VIOLENT
OFFENDERS
FLORIDA SENATE BILL 146
This
legislation states a violent felony offender who is alleged to
have violated felony probation or community control other than
failure to pay cost, fines or restitution, cannot be released
from jail until the court has held the hearing to determine
whether supervision was violated. If supervision was violated,
the court must determine and enter a written finding as to
whether the violent felony offender of special concern is a
danger to the community. The court must also determine whether
to revoke or continue the probation or community control. If
it is determined that the violator is a danger to the
community the court must revoke probation or community control
and sentence the offender according to the criminal punishment
code up to the statutory maximum. The provisions of this
legislation were approved by the Governor and took effect
3/12/07. |