Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 32 No. 29, July 21, 2006 issue of the Florida Administrative Weekly.

These changes are being made to address changes requested by the Joint Administrative Procedures Committee (JAPC).

Rule Numbers 65H-2.003, Application for Certification, 65H-2.005, Program Content, 65H-2.007, Assessment Requirements, 65H-2.008, Assessor Eligibility, 65H-2.009, Trainer Requirements, 65H-2.010, Monitoring, and 65H-2.011, Conflicts of Interest, were renumbered and re-titled to read as follows:

65H-2.003 Program Application Requirements

65H-2.005 Program Curriculum

65H-2.007 Assessor Application Requirements

65H-2.008 Assessment Requirements

65H-2.009 Assessor Eligibility

65H-2.010 Trainer Requirements

65H-2.011 Conflicts of Interest

65H-2.012 Monitoring

While this revision created an additional rule section, it does not substantively change the content of the proposed rule.

Rule 65H-2.002 has been amended to add the following definitions:

(12) “Equality Wheel” means a graphically designed tool that illustrates the dynamics of a equal, violence-free partnership.”

(20) “Power and Control Wheel” means a graphically designed tool that illustrates the overall pattern of abusive and violent behaviors used by batterers to establish and maintain control over their partners.”

Rule 65H-2.003 has been amended to read as follows:

Program Application Requirements.

(1) Application.

(a) Application for initial certification or for renewal of certification shall be made on Form CF 831, Batterer Intervention Program Certification Application, January 2007, which is incorporated by reference. Form CF 831 may be obtained from the Office of Certification and Monitoring or on the department’s website at www.dcf.state.fl.us/domesticviolence by clicking on the link for the Batterer Intervention Program. The individual owner, or the designated representative of a corporation or partnership shall complete the application.

(b) All program locations within a judicial circuit are included in the application and application fee. A separate application and application fee shall be submitted for each judicial circuit where branch or satellite offices are located.

(c) The initial application will not be considered complete until the department’s Office of Certification and Monitoring receives the program’s policy and procedure manual, as set forth in rule, all forms and informational brochures used by the program, educational, experiential, and training documentation for each direct service staff, and Form CF 1649D, Declaration of Good Moral Character, January 2007, which is incorporated by reference, for each direct service staff. Thereafter, this information must be updated and maintained in such a form as to permit review for rule compliance by authorized department staff or department-authorized agents.

(d) A completed Form CF 831, Batterer Intervention Program Certification Application, January 2007, must be submitted to the department’s Office of Certification and Monitoring at least 30 days prior to the expiration to ensure that a lapse of certification does not occur.

(2) Fees.

(a) A non-refundable application fee of $300 will be assessed per applicant for initial certification and $150 for renewal of certification, which shall be submitted with the application, Form CF 831. Submission of an application and application fee does not ensure approval for state certification.

(b) If the program does not renew its certification within 30 days after the expiration date, the certification shall be considered suspended and all interested parties notified by the Department. To renew a suspended certification, the provider shall be assessed the initial $300 certification application fee.

(3) Certification.

(a) Certification is for one (1) year and may be renewed annually upon submission of Form CF 831, Batterer Intervention Program Certification Application, January 2007, and the department’s satisfaction that all minimum standards have been met as required in rule and in statute. Certification shall be rejected or suspended for failure to comply with any of the requirements detailed in rule or in statute.

(b) Certification is issued in the name of the owner, corporation or partnership of the program. Certification is non-transferable and valid only for the program and location or locations named in the certificate.

(4) Change of Location of Service. If the provider wishes to change a program’s location of service or open additional locations within the circuit where certified, the provider shall notify the department, in writing, at least 30 days prior to the change. If the provider wishes to open an additional program or programs in a circuit where the program is not currently certified, the provider shall submit an initial application and application fee for certification.

Rule 65H-2.004 has been amended to read as follows:

To qualify for certification, a batterer intervention program shall meet and comply with minimum standards as set forth herein and in statute, which include the following.

(1) Community Collaboration and Coordination. To be effective in protecting victims and their children, as outlined in Section 741.32(1), F.S., the program must coordinate it’s efforts within the community, particularly with the local justice system, social service agencies, including the domestic violence centers, and state and local governments.

(2) Personnel.

(a) The provider must have zero tolerance for domestic violence on the part of their employees. The provider must be as vigorous in their response to suspected crimes on the part of their own employees as they are to all other domestic violence crimes. However, the provider shall also uphold their duty to the employee in terms of providing employee assistance; preventing harm to self or family; and continuing employment where appropriate, safe, and within the provider agency guidelines and statute.

(b) All direct service personnel employed or contracted by a provider shall be required to undergo security background investigations as a condition of employment and continued employment. Background investigations shall be a level 1 screening as defined in Section 435,03, F.S., and shall include local criminal records checks through local law enforcement agencies, and statewide criminal records checks through the Florida Department of Law Enforcement, Division of Criminal Justice Information Services (CJIS), including a check for registered sex offenders/sexual predators, and injunctions for protection against domestic violence. The local law enforcement screening shall also be conducted for the employee’s or contractor’s previous address if she or he has lived in the current jurisdiction less than one (1) year. Such background investigations shall be conducted at the expense of the employing agency.

(c) All direct service staff employed or contracted by a certified provider shall complete annually, as a condition of employment and continued employment, Form CF 1649D, Declaration of Good Moral Conduct, January 2007, which is incorporated by reference.

(d) A provider shall not employ an individual who has been a perpetrator of domestic violence or subject of an injunction for protection against domestic violence unless the applicant has successfully completed a batterer intervention program certified by the department and remained violence free for minimum period of five (5) years.

(e) A provider shall not hire an individual under any form of community supervision including probation, pre-trial diversion, or parole.

(f) A provider may employ an otherwise disqualified individual, except as stipulated in paragraphs (2)(d)-(e) above, if the applicant can provide documentation that she or he has not been convicted of any of the disqualifying offenses for a minimum period of five (5) years.

(g) The provider shall terminate the employment or contract of any direct service staff convicted or found guilty, regardless of adjudication, or having entered a plea of nolo contendere, to any disqualifying offense and notify the department’s Office of Certification and Monitoring of the termination within 72 hours.

(h) The provider shall ensure that direct service staff employed or contracted by the program meets all moral conduct, educational, experiential, and training requirements as required by rule.

(i) The provider shall notify the department’s Office of Certification and Monitoring, in writing, of any replacements in direct service staff and forward copies of their credentials prior to hiring for approval by the department.

(3) Fees. Programs shall be self-supporting and funded with fees from the program participant as payment for intervention. The program shall establish a method of payment for program fees and provisions to accept indigent clients into the program. Payment for services is important to the participant taking responsibility for the act of violence, however, programs shall not decline the admittance of a batterer based on the ability to pay. A program shall not collect from a participant that portion of the program fee that is exempted by Section 741.325(6), F.S.

(b) The program shall collect a $30 participant fee from each participant for attendance at each 29-week program and submit to the department’s Office of Certification and Monitoring as provided for in subparagraph 65H-2.004(10)(d)2., F.A.C.

(c) The batterer shall not be allowed to participate in a program or be formally assessed until payments of the appropriate fees are made in accordance with the established program policy.

(4) Intake/Enrollment.

(a) A list of certified programs compiled and updated by the department’s Office of Certification and Monitoring will be provided to the batterer by the referral source, which may be accessed at the department’s website. The program selected by the batterer shall perform the intake/enrollment, which shall include:

1. An explanation of program fees, rules, regulations and expectations,

2. Completion of Form CF 832, Participant Enrollment, January 2007, which is incorporated by reference,

3. Completion of Form CF 833, Program Contract, January 2007, which is incorporated by reference,

4. Completion of Form CF 843, Participant Fee Payment Agreement, January 2007, which is incorporated by reference, and

5. Provision of the department’s list of certified assessors.

(b) The program shall not accept a participant who has been or is currently enrolled in another certified batterer intervention program unless approval to change programs is obtained, in writing, from the referral source, probation and parole, if applicable, and the previous program director.

(c) Services shall not be denied to any person because of ethnicity, national origin, religion, age or disability. This non-discrimination clause shall be included in the program’s policy and procedure manual.

(5) Orientation. The program shall conduct an orientation session prior to the start of the intervention with a minimum time period of one (1) hour and 30 minutes, excluding breaks. An outline of the orientation shall be given to each participant and a signed statement acknowledging attendance shall be placed in the participant’s file. The orientation shall include:

(a) Definition of domestic violence as defined by subsection 741.315(8), F.S.,

(b) Domestic violence statistics,

(d) Overview of program rules, regulations, and expectations, and

(e) Outline of program content showing the dynamics of power and control, the effects of abuse on the victim, children and others, gender roles, socialization, and nature of the violence.

(6) Assessments. The provider shall ensure that only those assessors certified by the departments Office of Certification and Monitoring conduct the psychosocial evaluations required in rule.

(7) Group Sessions.

(a) The provider shall use a psychoeducational group model that incorporates power and control dynamics in the program curriculum.

(b) The program shall be a minimum of 29 weeks in length and include a minimum of 24 weekly group sessions. Each session shall be for a time period of one (1) hour and 30 minutes, excluding breaks.

(c) The program shall maintain a maximum group size of 24 participants with two (2) facilitators or 15 participants with one (1) facilitator. The minimum group size shall be three (3) members.

(d) The program shall accept new members into the group on an ongoing basis.

(e) The program shall ensure that all participants in the group are the same gender.

(f) The program conducting a non-English speaking group shall have a facilitator who is fluent in that language.

(g) The program shall use interpreters only when there are no approved facilitators within the local area who are fluent in the language of one or more of the participants. The program must insure that a person who serves in the role of interpreter be duly qualified to interpret. Interpreters must not have a familial or personal relationship with the participant. A list of qualified interpreters may be found through the local court or from the Florida State Courts’ website at http://www.flcourts.org by clicking on the link for the Court Interpreters Program.

(h) The program shall ensure weekly group sessions are not suspended or cancelled for a period of more than one week.

(8) Victim Notification.

(a) The program shall notify the victim, in writing, within three (3) business days of the batterer’s enrollment in the program. The letter shall be dated and include contact information for the local certified domestic violence center, law enforcement, probation or parole, if applicable, and the state attorney’s office. The letter shall include information on the goals and objectives of the certified batterer intervention program and advise the victim that information disclosed by the victim to program staff is not privileged communication as defined in Section 90.5036, F.S. The letter shall include a copy of A Partner’s Guide to Batterer Intervention Program Classes for Men, which shall be furnished to the program by the department.

(b) The program shall notify the victim, in writing, within three (3) business days of the batterer’s discharge from the program. The letter shall be dated and include the reason for discharge: completion, termination, or transfer. The letter shall include contact information for the local certified domestic violence center, law enforcement, probation or parole, if applicable, and the state attorney’s office.

(c) The program shall keep copies of all notification letters to the victim in the batterer’s file. Letters shall not disclose the physical address or any other contact information for the victim.

(9) Discharge Criteria.

(a) There are three categories of discharge from a certified program:

1. Completion indicates that the participant has completed the assessment performed by a certified assessor, has been in compliance with the program’s rules and contract, participated in the group at an acceptable level as determined by the facilitator, and paid required fees, both to the provider and the department,

2. Termination indicates the participant is inappropriate for the program according to the screening criteria outlined in rule as determined by a certified assessor or the program, or has not successfully met the requirements of the program as specified in the contract or program rules, and

3. Transfer indicates the participant has relocated to another program with the approval of the referral source, and the outgoing and incoming program directors. Each participant requesting transfer of credit must obtain a letter of referral from the previous program and present it to the new program prior to receiving any credit(s) for weeks completed. The referral letter shall include attendance dates at intake/enrollment, orientation, and group sessions, as well as the date of each absence and the date each absence was made up.

(b) When a participant is discharged from the program, the provider shall complete the following:

1. Document the reason(s) for discharge for placement in the participant’s file,

2. Inform the victim, referral source, and probation and parole, if applicable, in writing, of the discharge within three (3) business days, and

3. Submit the participant’s completed enrollment form, CF 832, to the department no later than the tenth (10th) day of the subsequent month after discharge. Incomplete forms will not be accepted by the Department and will be returned to the provider for completion.

(10) Record Keeping and Reporting Requirements.

(a) General Requirements. A provider shall maintain complete and accurate records regarding the program, personnel and program participants at the program’s office. Records shall be made available for review during the hours of operation to authorized department staff or its authorized department agents. Copies of required records are acceptable for documentation.

(b) Personnel Records. The provider shall maintain complete and accurate records on each direct service staff employed or contracted by the program, which shall contain the following signed and dated information:

1. Name, address, home phone number, and date of birth,

2. Proof of identity, in the form of a copy of a government issued photo identification,

3. Proof of employment history check and security background investigations,

4. Job description,

5. A resume or employment application,

6. Documentation of required education and work experience,

7. Documentation of required training and annual continuing education,

8. For individuals licensed under Chapters 490 and 491, F.S., a signed privacy act statement acknowledging confidentiality of information received,

9. Receipt of the program’s policy and procedure manual, and

10. Form CF 1649D, Declaration of Good Moral Conduct, January 2007, renewed annually.

(c) Program Participant Records. The provider shall maintain individual files on each program participant and retain the records for a minimum of five (5) years from the date of discharge. Files shall include the following signed and dated information:

1. Proof of identity, in the form of a government issued photo identification,

2. Copy of the court order and police report, if applicable,

3. Financial assessment,

4. Completed form CF 832, Participant Enrollment, January 2007, which is incorporated by reference,

5. Completed form CF 833, Contract for Participation, January 2007, in a Certified Batterer Intervention Program, which is incorporated by reference,

6. Completed assessment by a Department certified assessor,

7. Completed Form CF 843, Participant Fee Payment Agreement, January 2007,

8. Record of attendance at orientation and groups with the dates of each session attended, missed and made up,

9. Record of payment of all fees, including dates and amounts,

11. Copy of non-compliance reports, if any, to the referral source and probation and parole, if applicable, and10. Copies of all notification letters to the victim. Letters shall be dated and shall not disclose the physical address or any other contact information for the victim,

12. Copy of the discharge report to the referral source and probation and parole, if applicable.

(d) Reporting and Fee Remittance.

1. The provider shall submit by the tenth (10th) day of each month to the department’s Office of Certification and Monitoring the completed Form CF 832, Participant Enrollment Form, January 2007, for each program participant discharged during the preceding month.

2. The provider shall submit a provider check no later than the tenth (10th) day of each month for the total amount of the participant fees collected during the preceding month to the department’s Office of Certification and Monitoring. Provider checks are to be made payable to the Florida Department of Children and Families,

(11) Health Insurance Portability and Accountability Act (HIPPA). Where applicable, the provider shall comply with the Health Insurance Portability and Accountability Act (HIPPA) pursuant to 42 U.S.C. 132d, as well as all regulations promulgated under 45CFR Parts 160, 162 and 164.

(12) Electronic Communication. The department’s primary communication with providers will be electronic. Providers shall have the capability to access the Internet and to electronically submit certification documentation as may be required by the department. Providers shall maintain a functional email address with the capability of receiving attachments and provide that address to the department.

(13) Operating Policies and Procedures Manual.

(a) The provider shall maintain written policies and procedures that direct the operation of the batterer intervention program as required by rule that include the following:

1. Mission Statement and Philosophy,

2. Days and Hours of Operation and Group Schedules,

3. Intake/Enrollment Procedure,

4. Orientation and Curriculum Outline,

5. Recording Keeping and Reporting Procedures,

6. Fee Collections and Remittance Procedure,

7. Acceptance of Indigent Participants Policy and Procedure,

8. Non-discrimination Policy,

9. Accessibility to Persons with Disabilities Policy and Procedure,

10. Duty to Warn and Reporting of Criminal Behavior Policy and Procedure,

11. Reporting of Enrollment and Discharge Information to Referral Source and Probation and Parole, if applicable, Policy and Procedure,

12. Personnel Policy, which shall include policies and procedures for the following: equal employer opportunity; code of professional ethics and moral conduct; confidentiality; non-fraternization; conflict of interest; violence free life style; drug free workplace; sexual harassment, and domestic violence in the workplace.

(b) The program’s operating policies and procedures manual shall be submitted with the certification application to the Office of Certification and Monitoring to ensure compliance with minimum standards as set forth in rule and in statute.

Rule 65H-2.006 has been amended to read as follows:

(3) Facilitator Continuing Education Training.

(a) Each facilitator shall complete annually a minimum of 12 hours of continuing education. The training must contribute to the advancement, extension or enhancement of the facilitator’s skills and knowledge related to domestic violence. Training shall comply with the program standards as required in Rule 65H-2.005, F.A.C., and include information in any of the following areas as they pertain to intimate partner violence: current law; evaluation and intervention with families; victimization, effects on children, dating violence, intervention and prevention, alcohol evaluation and treatment; and the power and control model.

(b) Documentation for all continuing education training must be updated and maintained in the facilitator’s personnel file for review by authorized department staff or department authorized agents during the department’s on-site monitoring or mailed to the Office of Certification and Monitoring upon the department’s request.

Rule 65H-2.007 (formerly included in Rule 65H-2.003) has been amended to read as follows:

Assessor Application Requirements.

(1) Application.

(a) Application for initial certification or for renewal of certification shall be made on Form CF 840, Assessor Certification Application, January 2007, which is incorporated by reference. Form CF 840 may be obtained from the Office of Certification and Monitoring or on the department’s website at www.dcf.state.fl.us/domesticviolence by clicking on the Batterer Intervention Program link.

(b) The initial application will not be considered complete until the Office of Certification and monitoring receives a copy of the applicant’s educational, experiential, and training documentation, Form CF 1649D, Declaration of Good Moral Character, January 2007, and the, assessment tool. Thereafter, this information must be updated and maintained in the personnel file for review by authorized department staff or department authorized agents during the department’s on-site monitoring or mailed to the Office of Certification and Monitoring upon the department’s request.

(c) A completed application for renewal of annual certification must be submitted to the department’s Office of Certification and Monitoring at least 30 days prior to the expiration date to ensure that a lapse of certification does not occur.

(2) Fees.

(a) A non-refundable application fee of $100 will be assessed per applicant for initial certification and $75 for annual renewal of certification, which shall be submitted with the application. Submission of an application and application fee does not ensure state certification by the department.

(b) If the program does not renew its certification within 30 days after the expiration date, the certification shall be considered suspended. To renew a suspended certification, the provider shall be assessed the initial $100 application fee.

(3) Certification.

(a) Certification is for one (1) year and may be renewed annually upon the submission of department’s satisfaction that all minimum standards have been met as required in rule and in statute. Certification shall be rejected or suspended for failure to comply with the requirements detailed in rule or in statute.

(b) Certification is valid only for the person named in the department issued certificate and is non-transferable.

(c) The certificate issued by the department or a copy thereof, shall be displayed at the location or locations of service within public view.

Rule 65H-2.009 (formerly Rule 65H-2.008), has been amended to read as follows:

(2) Assessor Continuing Education Training.

(a) As a condition of annual certification renewal, each assessor shall complete annually a minimum of 12 hours of continuing education. The training must contribute to the advancement, extension or enhancement of the assessor’s skills and knowledge related to the assessment of a batterer. Training shall comply with the program standards as required in Rule 65H-2.005, F.A.C., and include information in any of the following areas as they pertain to intimate partner violence: current law; evaluation and intervention with families; victimization, effects on children, dating violence, intervention and prevention, alcohol evaluation and treatment; and the power and control model.

(b) Confirmation of the completed 12 hours of training shall be included in the annual renewal application. No credit will be given for trainings that do not meet the standards as stipulated in rule.

(c) Documentation for all continuing education training must be updated and maintained in the personnel file for review by authorized department staff or department authorized agents during the department’s on-site monitoring or mailed to the Office of Certification and Monitoring upon the department’s request.

Rule 65H-2.012 (formerly Chapter 65H-2.010) has been amended to read as follows:

(7) Failure to successfully complete the corrective action plan will result in suspension of a program’s certification, unless the department finds that the failure to successfully complete the corrective action plan is due to extraordinary circumstances beyond the provider’s reasonable control. However, the department may suspend a program’s certification immediately without allowing a corrective action in cases of recurring violations or inappropriate intervention approaches as set forth in rule and in statute.

Forms CF 831 Batterer Intervention Program Certification Application, January 2007; referenced in Rule 65H-2.003, F.A.C., CF 840, Assessor Certification Application, January 2007, referenced in Rule 65H-2.007, F.A.C., and CF 1649D Declaration of Good Moral Conduct, January 2007, have been modified to remove the notarization requirements.