HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 691 Pub. Rec./Staff and Volunteers of Domestic Violence Centers
SPONSOR(S): Children, Families & Seniors Subcommittee, Borrero
TIED BILLS: IDEN./SIM. BILLS: CS/SB 68
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Children, Families & Seniors Subcommittee 17 Y, 0 N, As CS Woodruff Brazzell
2) Government Operations Subcommittee 14 Y, 0 N Roth Smith
3) Health & Human Services Committee 20 Y, 0 N Woodruff Calamas
SUMMARY ANALYSIS
The Domestic Violence Program protects adults and their children from domestic violence and helps
survivors develop ways to avoid further harm. The Department of Children and Families (DCF) is statutorily
responsible for the statewide domestic violence program.
DCF is responsible for receiving and approving or rejecting applications for the certification of domestic
violence centers. Florida has 41 certified domestic violence centers. These certified centers provide crisis
counseling and support services to survivors of domestic violence and their children. Certified domestic
violence centers employ staff and rely on volunteers to provide services to survivors. A domestic violence
advocate is an employee or a volunteer of a certified center who has 30 hours of training in assisting
survivors of domestic violence.
Current law provides no public records exemption for the personal information of current or former staff and
domestic violence advocates of certified domestic violence centers. There is also no public records
exemption for the personal information of the spouses and children of current or former staff and domestic
violence advocates. DCF has received reports from certified domestic violence centers that employees and
domestic violence advocates have been physically threatened, stalked, and emotionally abused by
perpetrators because of the protective services the centers provide to survivors of domestic violence and
their children.
CS/HB 691 creates a public record exemption for certain personal information of current or former staff and
domestic violence advocates of certified domestic violence centers, their spouses, and children.
The bill subjects this public record exemption to the Open Government Sunset Review Act, and thus the
exemption will be repealed on October 2, 2024, unless it is reviewed and saved from repeal by the
Legislature. The bill also provides a statement of public necessity as required by the Florida Constitution.
The bill does not have a fiscal impact on the state or local governments.
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public records or public meeting exemption.
The bill creates a new public record exemption for certain personal information of current or former
staff and domestic violence advocates of certified domestic violence centers, as well as for certain
personal information of their spouses and children; thus, it requires a two-thirds vote for final
passage.
FULL ANALYSIS
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0691e.HHS
DATE: 4/14/2021
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Domestic Violence
Domestic violence is a pattern of behavior, violence, or threats of violence that one person uses to
establish power and control over a current or former intimate partner.1 The use of threats, intimidation,
isolation, and using children as pawns are examples of the tactics domestic violence perpetrators use
against victims of domestic violence.
Florida law defines domestic violence as any assault, aggravated assault, battery, aggravated battery,
sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any
criminal offense resulting in physical injury or death of one family or household member by another
family or household member.2 A family or household member includes spouses, former spouses,
persons related by blood or marriage, persons who are presently residing together as if a family or who
have resided together in the past as if a family, and persons who are parents of a child in common
regardless of whether they have been married. With the exception of persons who have a child in
common, the family or household members must be currently residing or have in the past resided
together in the same single dwelling unit.3
In 2018, 104,914 domestic violence offenses were reported in Florida to law enforcement.4 That same
year, 215 individuals died as a result of domestic violence homicide, representing approximately 19
percent of all homicides in Florida.5
Domestic Violence Program
The Domestic Violence Program protects adults and their children from domestic violence and helps
survivors develop ways to avoid further harm. The Department of Children and Families (DCF) is
statutorily responsible for the statewide domestic violence program and is responsible for performing
specified duties and functions with respect to domestic violence. Under section 39.903, F.S., DCF
must:
Operate the domestic violence program and coordinate and administer statewide activities
related to the prevention of domestic violence.
Receive and approve or reject applications for initial certification of domestic violence centers,
and annually renew the certification thereafter.
Inspect the premises of domestic violence centers that are applying for an initial certification or
facing potential suspension or revocation of certification to effectively evaluate the state of
compliance with minimum standards.
Promote the involvement of certified domestic violence centers in the coordination,
development, and planning of domestic violence programming in the circuits.
Coordinate with state agencies that have health, education, or criminal justice responsibilities to
raise awareness of domestic violence and promote consistent policy implementation.
Cooperate with, assist in and participate in, programs of other properly qualified state agencies,
including any agency of the federal government, schools of medicine, hospitals, and clinics, in
planning and conducting research on the prevention of domestic violence and the provision of
services to clients.
Contract with an entity or entities for the delivery and management of services for the state’s
domestic violence program if DCF determines that doing so is in the best interest of the state.
1 Florida Coalition Against Domestic Violence, 2019 Annual Report, p. 3, https://www.myflfamilies.com/service-programs/domestic-
violence/docs/2019%20Annual%20%20Report.pdf (last visited March 5, 2021).
2 S. 741.28(1), F.S.
3 S. 741.28(2), F.S.
4 Florida Coalition Against Domestic Violence, supra n. 1 at p. 4.
5 Id.
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Consider applications from certified domestic violence centers for capital improvement grants
and award those grants in accordance with s. 39.9055, F.S.
Adopt by rule procedures to administer this section, including developing criteria for the
approval, suspension, or rejection of certification of domestic violence centers and developing
minimum standards for domestic violence centers to ensure the health and safety of the clients
in the centers.
Domestic Violence Centers
Domestic violence centers provide services to survivors of domestic violence.6 Florida has 41 certified
domestic violence centers. The certified domestic violence centers provide crisis counseling and
support services to victims of domestic violence and their children.7
The domestic violence centers provide services free of charge and include:
Emergency shelter.
A 24-hour crisis and information hotline.
Safety planning.
Counseling, case management, and child assessments.
Education for community awareness.
Training for law enforcement and other professionals.
Other ancillary services such as relocation assistance, daycare, and transitional housing.8
Current law requires domestic violence centers to be certified by DCF in order to receive state funding.9
DCF sets criteria for certification and sets minimum standards to ensure the health and safety of clients
served.10 To be eligible for certification as a domestic violence center, an applicant must apply to DCF
and be a not-for-profit entity. A domestic violence center’s primary mission must be to provide services
to survivors of domestic violence.
An applicant may seek certification to serve an area that has an existing certified domestic violence
center; however, the applicant must show there is an unmet need in the area.11 An applicant can only
apply if its domestic violence center has been providing services to survivors for 18 consecutive
months, including 12 months as an emergency shelter.12 After DCF certifies a domestic violence center,
the certification is good for one year and automatically expires on June 30. If there is a favorable report
from DCF, it will annually renew a domestic violence center’s certification.13
Certified domestic violence centers employ staff and rely on volunteers to provide services to survivors.
A domestic violence advocate is an employee or a volunteer of a certified center who has 30 hours of
training in assisting victims of domestic violence and is an employee or volunteer for a program for
survivors of domestic violence whose primary purpose is the rendering of advice, counseling, or
assistance to survivors of domestic violence.14 A volunteer is an unpaid staff member who provides
6 S. 39.902(2), F.S. S. 741.28(2), F.S., defines “domestic violence” as “any assault, aggravated assault, battery, aggravated battery,
sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in
physical injury or death of one family or household member by another family or household member.” Further, s. 741.28(3), F.S.,
defines “family or household member” as “spouses, former spouses, persons related by blood or marriage, persons who are presently
residing together as a family or who have resided together in the past as if a family, and persons who are parents of a child in common
regardless of whether they have been married. With the exception of persons who have a child in common, the family or household
members must be currently residing or have in the past resided together in the same single dwelling unit.”
7 Department of Children and Families, Domestic Violence Overview, https://www.myflfamilies.com/service-programs/domestic-
violence/overview.shtml (last visited March 5, 2021).
8 Id.
9 S. 39.905(6)(a), F.S.
10 S. 39.905(9), F.S.; R. 65H-1, F.A.C.
11 R. 65H-1.012, F.A.C.
12 Id.
13 Id.
14 S. 90.5036. F.S.; R. 65H-1.011(9), F.A.C., states “‘domestic violence advocate’ means an employee or volunteer of a certified
domestic violence center who: provides direct services to individuals victimized by domestic violence; has received 30 hours of
domestic violence core competency training; and, has been identified by the domestic violence center as an individual who may assert
a claim to privileged communications with domestic violence victims under section 39.905, F.S.”
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direct or indirect services for a certified domestic violence center. All employees and volunteers receive
some degree of training on domestic violence.15
Staff, including volunteers, of certified domestic violence centers are required to submit to a
background screening, except personnel who assist on an intermittent basis for less than 10 hours per
month if a person who meets the screening requirement is always present and has the volunteer within
his or her line of sight.16 As a practical matter, certified domestic violence centers generally require
background checks for all volunteers.
There are 17,692 domestic violence advocates registered in the DCF domestic violence advocate-
victim privilege database. Of those, 2,727 are current employees and volunteers of certified domestic
violence centers, and 14,965 are no longer employed or volunteer at a certified domestic violence
center. Advocates are not removed from the privilege database after they leave because they may be
later subpoenaed for information and need to be able to assert the privilege, or they may become
employed by or volunteer at another program.17
DCF has received reports from certified domestic violence centers that employees and volunteers have
been physically threatened, stalked, and emotionally abused by perpetrators because of the protective
services the centers provide to survivors of domestic violence and their children.18 DCF has also
received reports that these threats have led staff to leave their employment due to safety concerns and
stress.19
Public Records
The state Constitution guarantees every person the right to inspect or copy any public record made or
received in connection with the official business of the legislative, executive, or judicial branches of
government.20 The Legislature, however, may provide by general law for the exemption of records from
the constitutional requirement.21 The general law must state with specificity the public necessity
justifying the exemption and must be no broader than necessary to accomplish the stated purpose of
the law.22 A bill enacting an exemption must pass by a two-thirds vote of the members present and
voting.23
Public policy regarding access to government records is addressed further in the Florida Statutes.
Section 119.07(1), F.S., guarantees every person a right to inspect and copy any state, county, or
municipal record. Further, the Open Government Sunset Review Act (Act) provides that a public record
exemption may be created or maintained only if it serves an identified public purpose.24 In addition, it
may be no broader than is necessary to meet one of the following purposes:
Allow the state or its political subdivisions to effectively and efficiently administer a government
program, which administration would be significantly impaired without the exemption;
Protect personal identifying information that, if released, would be defamatory or would
jeopardize an individual’s safety; or
Protect trade or business secrets.25
15 Rule 65H-1.011(17), F.A.C., states “’volunteer’ means unpaid staff members trained in the dynamics of domestic violence who
provide direct and indirect services to those seeking and receiving services from a domestic violence center”.
16 S. 39.001(2)(a), F.S.
17 Email from John Paul Fiore, Legislative Specialist, DCF, RE: Domestic Violence Advocate (Email on file with the Children, Families,
Seniors Subcommittee) (Feb. 24, 2021).
18 Department of Children and Families, 2021 Agency Bill Analysis for HB 691, p. 2, Jan. 11, 2021.
19 Id.
20 Fla. Const., art. I, s. 24(a).
21 Fla. Const., art. I, s. 24(c).
22 Id.
23 Id.
24 S. 119.15, F.S.
25 S. 119.15(6)(b), F.S.
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The Act also requires the automatic repeal of a public record or public meeting exemption on October
2nd of the fifth year after its creation or substantial amendment, unless the Legislature reenacts the
exemption.26
There is currently no public records exemption for the home addresses, telephone numbers, places of
employment, dates of birth, and photographs of current or former staff and domestic violence
advocates of domestic violence centers certified by DCF. There is also no public records exemption for
the names, home addresses, telephone numbers, places of employment, dates of birth, and
photographs of the spouse and children of current or former staff and volunteers of certified domestic
violence centers, or for the names and locations of schools and day care facilities attended by the
children of center personnel.
Effect of Proposed Changes
CS/HB 691 creates a public records exemption for the home addresses, telephone numbers, places of
employment, dates of birth, and photographs of current or former staff and domestic violence
advocates of certified domestic violence centers certified.
The bill also creates a public records exemption for the names, home addresses, telephone numbers,
places of employment, dates of birth, and photographs of the spouses and children of