Agenda 10/25/2016 Item #16D10 16.D10.
10/25/2016
EXECUTIVE SUMMARY
Recommendation to approve an agreement with Collier County Child Advocacy Council, Inc. to
provide for mandated services identified under Florida Statute 39.304(5) for FY 16/17 (Fiscal
impact$80,000).
OBJECTIVE: To contract with Collier County Child Advocacy Council, Inc. (CCCAC) to meet the
obligations in Section 39.304(5), Florida Statute, and for the Board to approve an exemption from formal
competition for this purchase.
CONSIDERATIONS: The County has contracted with the CCCAC to pay the cost for the initial
forensic physical examination and medical consultation services for allegedly abused, neglected, or
abandoned children residing in Collier County, as mandated by Florida Statutes 39.304(5), since 1990.
Per Florida Statute 39.304(5): "The county in which the child is a resident shall bear the initial costs of
the examination of the allegedly abused, abandoned, or neglected child; however, the parents or legal
custodian of the child shall be required to reimburse the county for the costs of such examination, other
than an initial forensic physical examination as provided in s. 960.28, and to reimburse the department for
the cost of the photographs taken pursuant to this section. A medical provider may not bill a child victim,
directly or indirectly, for the cost of an initial forensic physical examination." This provision is
incorporated into the agreement.
The contract is for a one-year period, commencing on October 1, 2016 and terminating on September 30,
2017, with three additional one-year renewal options. The actual expenditure for FY 14/15 was $59,775
and the to-date expenditures for FY 15/16 are$75,525.
FISCAL IMPACT: Funds in the amount of$80,000 for this service agreement are appropriated in the
FY 17 budget under the General Fund(001).
GROWTH MANAGEMENT: There is no growth management impact from this recommendation.
LEGAL CONSIDERATIONS: This Agreement is approved for form and legally and requires a
majority vote for approval. -JAB
RECOMMENDATIONS: That the Board of County Commissioners approves the agreement with
Collier County Child Advocacy Council, Inc. for State-mandated services.
Prepared by: Lisa N. Can,Grants Coordinator, Community and Human Services Division
ATTACHMENT(S)
1.Collier County Child Advocacy Mandated Services Contract (PDF)
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16.D.10
10/25/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.10
Item Summary: Recommendation to approve an agreement with Collier County Child Advocacy
Council, Inc. to provide for mandated services identified under Florida Statute 39.304(5) for FY 16/17
(Fiscal impact$80,000).
Meeting Date: 10/25/2016
Prepared by:
Title: Grants Coordinator—Community&Human Services
Name: Lisa Carr
10/04/2016 3:23 PM
Submitted by:
Title: Division Director-Cmnty&Human Svc—Public Services Department
Name: Kimberley Grant
10/04/2016 3:23 PM
Approved By:
Review:
Community&Human Services Maggie Lopez Additional Reviewer Completed 10/04/2016 4:23 PM
Community&Human Services Lisa Oien Additional Reviewer Completed 10/04/2016 4:33 PM
Community&Human Services Georgia Regis Additional Reviewer Completed 10/04/2016 4:40 PM
Public Services Department Kimberley Grant Additional Reviewer Completed 10/04/2016 4:55 PM
Public Services Department Amanda O.Townsend Additional Reviewer Completed 10/05/2016 8:42 AM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 10/10/2016 12:01 PM
Grants Erica Robinson Level 2 Grants Review Completed 10/10/2016 3:37 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/11/2016 4:58 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/13/2016 12:19 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 10/13/2016 1:33 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/13/2016 1:45 PM
Grants Therese Stanley Additional Reviewer Completed 10/14/2016 8:38 AM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 10/14/2016 12:59 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM
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16.D.10.a
THE COLLIER COUNTY BOARD OF COMMISSIONERS
AND U
COLLIER COUNTY CHILD ADVOCACY COUNCIL,INC. co
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THIS AGREEMENT, made and entered into on this day of , 2016 th
by and between the Collier County Child Advocacy Council, Inc. (hereinafter referred ›-
to
to as the "CCCAC"), a not-for-profit Corporation, under agreement with the State of
Florida, Department of Children and Families, providing coordination of the Child
Protection Team of Collier County (hereinafter referred to as "CPT") authorized to do
business in the State of Florida whose business address is 1036 Sixth Avenue North, o
Naples,Florida 34102, and Collier County,a political subdivision of the State of Florida, U
Collier County, Naples, hereinafter call the "County": ra
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1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing ¢
on October 1, 2016 and terminating on September 30, 2017. The County may, at its
discretion and with the consent of the CCCAC, renew the Agreement under all of the 0
terms and conditions contained in this Agreement for three (3) additional one (1) year c
periods. The County Manager or his designee may extend this Agreement for up to one U
hundred eighty (180) additional days following expiration of the original or subsequent
one (1) year terms. The County shall give the CCCAC written notice of the County's �,
intention to extend the Agreement term not less than ten (10) days prior to the end of U
the Agreement term then in effect. N
1. SCOPE OF WORK: The CCCAC will provide the following services inas
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accordance with Florida Statute§ 39.304 (5), attachment A:
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A. Provide initial forensic physical examination and medical consultation v
services for abused or neglected children who are residents of Collier County —
pursuant to Section § 39.304(5), Florida Statutes, or conduct a medical records tt)
review in cases where such a review can serve in place of an initial forensic a)
physical examination.
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B. Possess, maintain and keep current any and all necessary license(s) required
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by governmental authorities. o
C. Maintain adequate fiscal accounting procedures in accordance with generally <
accepted accounting principles. Maintain all financial records, documentation, U
and reports relating to funds paid under this Agreement.
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D. Allow inspection, review or audit of these records by County personnel upon S;
reasonable notice, subject to the confidentiality requirements of Chapter 39, 0"
Florida Statutes. CCCAC will provide the County with the privacy, security and a
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audit protocol agreement forms from the Department of Health (DH) and the
Department of Children and Families (DCF) and the County will execute said
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forms. isY
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E. Retain all books, records and other documents relative to this Agreement for N.
three (3) years after final payment. 6
F. CCCAC shall receive reimbursement for those medical services pursuant to u
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Section 39.304(5), Florida Statutes in accordance with Paragraph 3,compensation,
of this Agreement. 3
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G. The CCCAC shall pay from its own account the initial forensic physical
examination and medical consultations costs to the providers of medical cu
diagnosis and evaluation services for each child abuse or neglect case and seek °
reimbursement from the County in accordance with the Compensation section of
this agreement.
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H. The county in which the child is a resident shall bear the initial costs of the c
examination of the allegedly abused, abandoned, or neglected child;however, o
the parents or legal custodian of the child shall be required to reimburse the 3
county for the costs of such examination, other than an initial forensic physical
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examination as provided in s. 960.28, and to reimburse the department for the 0
cost of the photographs taken pursuant to this section. A medical provider may
not bill a child victim,directly or indirectly, for the cost of an initial forensic
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physical examination. L
I. Before execution of this Agreement, the CCCAC shall furnish the County with c°
copies of its current contracts between the CPT and its medical provider(s), and 0
copies of its contracts with DCF relating to the CPT. Any amendments or new -
agreements executed during the term of this agreement between CPT and its cn
medical provider(s) or DCF shall be immediately forwarded to the County. a)
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J. The CCCAC shall act as an independent entity and not as an agent of the i
County in operating the aforementioned service. >,
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3. COMPENSATION. The County shall reimburse the CPT at the fixed rate oflc
three hundred fifty dollars ($350.00) for initial forensic physical examination and -0
administrative costs. The County shall also reimburse the CPT at the fixed rate of one v
hundred twenty five dollars ($125.00) for a medical consultation where such a
consultation can serve in place of an initial forensic physical examination. However, the c
County shall in no instance be required to pay for both an initial forensic physical ci
examination and a medical consultation. A medical consultation may be provided 3
when a physical evaluation has already been performed by a non-CPT medical U
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—Child Advocacy Agreement forF
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provider. A medical consultation involves situations where the child protective
investigator (or court) requests CPT to assist with a medical opinion. A medical
consultation must result in a typed report that references all the pertinent history,
examination findings and laboratory/imaging studies used to reach the medical co
conclusions. The CPT medical record must include copies of the relevant records and N.
reports used to arrive at the medical opinion.
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3.1. Crimes Victim's Services is to be billed for all situations covered under
2011 Florida Statutes § 960.28, see Attachment B. If denied, the invoice will include c
documentation of denial. The County will be billed at the time denial is received by o
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CCCAC. If reimbursement from Crimes Victim's Services is received by the CCCAC at v
any time after the County has paid CPT invoices, CCCAC shall then reimburse the o
County for any Crimes Victim's Services monies received. Said reimbursement shall >
reference the case number for which the reimbursement is being provided. <
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3.2 There shall be a quarterly invoice which shall reference an invoice ;
16.D.10.a
Fax: 239-263-7931
All notices from CCCAC to the County shall be deemed duly served if mailed or faxed 2.
to the County to:
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Community and Human Services
3339 Tamiami Trail East, Suite 211 >-
Naples, Florida 34112 0
Attn: Kimberley Grant
Phone: 239-252-6287 0
Fax: 239-252-2638 cc
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The CCCAC and the County may change the above mailing address at any time upon o
giving the other party written notification. All notices under this Agreement must be in a
writing. -0
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6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as
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creating a partnership between the County and CCCAC or to constitute CCCAC as an c
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agent of the County.
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7. SUBCONTRACTS. Any work or services subcontracts by the CCCAC shall be 75
specifically by written contract or agreements, and such subcontracts shall be subject to v
each provision of this Agreement and applicable County, State, and Federal guidelines r
and regulations. Prior to execution by the CCCAC of any subcontract hereunder, such �'
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subcontracts must be submitted by the CCCAC to Housing and Human Services for its
review and approval. None of the work or services covered by the Agreement, o
including but not limited to consultant work or services, shall be subcontracted by the c.)
CCCAC or reimbursed by the County without prior written approval of the Housing a
and Human Services Director or her designee.
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8. AMENDMENTS. This Agreement may not be amended unless in writing G)
executed by all parties to the Agreement. If either of the parties is unable to perform c
due to a change in State or federal law (or the issuance of a court order) that materially g
changes the terms of the Agreement, either party may postpone performance upon 0
providing the other party written suspension of the Agreement until the parties agree o
upon an amendment that conforms to the change in law; or, alternatively, terminate this e
Agreement as provided in numbered paragraph 11. If Collier County notifies CCCAC -0
that it is suspending the Agreement, Collier County shall still be responsible for
payment for all services provided by CCCAC or expenses incurred by CCCAC or
expenses which CCCAC is obligated to pay through the date of suspension. Any o
amendments to this Agreement shall be in compliance with the County Purchasing o
Policy and Administrative Procedures in effect at the time such modifications are °'
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authorized. v
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—Child Advocacy Agreement forE
Mandated Services �
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9. PERMITS; LICENSE; TAXES. In compliance with Section 218.80, F.S., all
permits necessary for the prosecution of the Work shall be obtained by CCCAC.
Payment for all such permits issued by the County shall be processed internally by the u0
County. All non-County permits necessary for the prosecution of the Work shall be is-
procured
procured and paid for by CCCAC. The CCCAC shall also be solely responsible for cb
payment of any and all taxes levied on the CCCAC. In addition, CCCAC shall comply
with all rules, regulations and laws of Collier County, the State of Florida, or the U. S.
Government now in force or hereafter adopted. The CCCAC agrees to comply with all =
laws governing the responsibility of an employer with respect to persons employed by
CCCAC. 0
10. NO IMPROPER USE. The CCCAC will not use, nor suffer or permit any person o
to use in any manner whatsoever, county facilities for any improper, immoral or 73
offensive purpose or for any purpose in violation of any federal, state, county or -0
municipal ordinance, rule, order or regulation, or of any governmental rule or
regulation now in effect or hereafter enacted or adopted. In the event of such violation w
by the CCCAC or if the County or its authorized representative shall deem any conduct
on the part of the CCCAC to be objectionable or improper, the County shall have the coy
right to suspend the contract of the CCCAC. Should CCCAC fail to correct any such CD
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The CCCAC further agrees not to commence N
operation during the suspension period until the violation has been corrected to the
satisfaction of the County. Y
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11. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or 0
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, ai
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004-53, and County Co
Administrative Procedure 5311. Violation of this provision may result in one or more ofas
the following consequences: a. Prohibition by the individual, firm, and/or any t3
employee of the firm from contact with County staff for a specified period of time; b. g
Prohibition by the individual and/or firm from doing business with the County for a
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specified period of time, including but not limited to: submitting bids, RFP, and/or o
quotes; and, c. immediate termination of any contract held by the individual and/or 0
firm for cause. -0
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12. TERMINATION. Should CCCAC or the County be found to have failed to
perform its services in a manner satisfactory to the County or CCCAC as per this o
Agreement, the non-defaulting party shall notify the defaulting party in writing and U
give the non-defaulting party a reasonable opportunity to cure the default. If the °?
default is not timely cured by the defaulting party, the non-defaulting party may v
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terminate this Agreement for cause. Either party may terminate this Agreement for
convenience by providing the other party with a thirty (30) day written notice.
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13. NO DISCRIMINATION. The CCCAC agrees that there shall be no 0
discrimination as to race, sex, color, creed or national origin.
14. INSURANCE. The CCCAC shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of
$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability
and Property Damage Liability. This shall include Premises and Operations; 0
Independent Contractors; Products and Completed Operations and
Contractual Liability.
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B. Business Auto Liability: Coverage shall have minimum limits of $500,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and
Property Damage Liability. This shall include: Owned Vehicles, Hired and c�
Non-Owned Vehicles and Employee Non-Ownership.
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C. Workers' Compensation: Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of
$500,000 for each accident.
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Special Requirements: Collier County shall be listed as the Certificate Holder and o
included as an Additional Insured on the Comprehensive General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by CCCAC during the duration of this Agreement. Renewal certificates U)
shall be sent to the County ten (10) days prior to any expiration date. There shall be a
thirty (30) day notification to the County in the event of cancellation or modification of
any stipulated insurance coverage.
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CCCAC shall ensure that all subcontractors comply with the same insurance o
requirements that he is required to meet. The same CCCAC shall provide County with
certificates of insurance meeting the required insurance provisions. -�
15. INDEMNIFICATION. To the maximum extent permitted by Florida law, the .›
CCCAC shall indemnify and hold harmless Collier County, its officers and employees from Q
any and all liabilities, damages, losses and costs, including, but not limited to, reasonable 0
attorneys' fees and paralegal fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of CCCAC or anyone employed or utilized by the CCCAC i
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in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph. r
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This section does not pertain to any incident arising from the negligence of Collier County. r
16. CONTRACT ADMINISTRATION. This Agreement shall be administered on
behalf of the County by the Housing,Human and Veteran Services Department. 0
17. CONFLICT OF INTEREST: CCCAC represents that it presently has no interest and c
shall acquire no interest, either direct or indirect, which would conflict in any manner with U
the performance of services required hereunder. CCCAC further represents that no
persons having any such interest shall be employed to perform those services. rao
18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and
between the parties herein that this agreement is subject to appropriation by the Board of 7.
County Commissioners. 6
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19. IMMIGRATION LAW COMPLIANCE. By executing and entering into this U
agreement, the CCCAC is formally acknowledging without exception or stipulation that it ,,-,
is fully responsible for complying with the provisions of the Immigration Reform and
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Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as ..
either may be amended. Failure by the CCCAC to comply with the laws referenced herein r
shall constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately. 6
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20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, 8
or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement U
shall remain in effect. cu
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21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be
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added to this contract incompliance with the Purchasing Policy. asc
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22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding
permitted by this Agreement to resolve disputes between the parties,the parties shall make
a good faith effort to resolve any such disputes by negotiation. The negotiation shall be .?,
attended by representatives of CCCAC with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached during v
negotiations to County for approval. Failing resolution, and prior to the commencement of >
depositions in any litigation between the parties arising out of this Agreement, the parties E
shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit 8
Court Mediator certified by the State of Florida. The mediation shall be attended by
representatives of CCCAC with full decision-making authority and by County's staff i�
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person who would make the presentation of any settlement reached at mediation to
County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat. In the event litigation is initiated under this Agreement, the prevailing
party shall be entitled to recover its reasonable attorneys' fees, paralegal fees and costs, U
including any appeals.
23. VENUE. Any suit or action brought by either party to this Agreement against the
other party relating to or arising out of this Agreement must be brought in the appropriate E
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
23. ASSIGNMENT: CCCAC shall not assign this Agreement or any part thereof,
without the prior consent in writing of the County. Any attempt to assign or otherwise o
transfer this Agreement or any part herein, without the County's consent, shall be void. If
CCCAC does, with approval, assign this Agreement or any part thereof, it shall require that
its assignee be bound to it and to assume toward CCCAC all of the obligations and
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responsibilities that CCCAC has assumed toward the County. If an assignment of this
Agreement is approved by the County, CCCAC shall be relieved of all obligations under v
this Agreement arising after any assignment.
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IN WITNESS WHEREOF, the. CCCAC and the County, have each, respectively, by an
authorized person or i-q.7ent, hereunder set their hands and seals on the date and Year first
above written.
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BOARD OF COUNTY CONIN1ISS10NERH u_
DWIGHT E. BROCK. Clerk COLLIER COUNT\. FLORIDA
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,Deput\ Clerk DONNA cliAIRNIAN
Date:
Approved as to form and
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ienniter A. Belpedio _
Assistant County Attorney U" /7-
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ATTACHMENT Aas
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Florida Statute § 39.304(5)
(5) The county in which the child is a resident shall bear the initial costs of the examination of >-
the allegedly abused, abandoned, or neglected child; however, the parents or legal custodian of
the child shall be required to reimburse the county for the costs of such examination, other than
an initial forensic physical examination as provided in s. 960.28, and to reimburse the 3
department for the cost of the photographs taken pursuant to this section. A medical provider 0
may not bill a child victim, directly or indirectly, for the cost of an initial forensic physical
examination.
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ATTACHMENT B
Florida Statute § 960.28 Payment for victims' initial forensic physical examinations.
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(1) A medical provider who performs an initial forensic physical examination may not bill a I-
victim or the victim's parent or guardian if the victim is a minor directly or indirectly for that
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examination.
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(2) The Crime Victims' Services Office of the department shall pay for medical expenses u_
connectedwith an initial forensic physical examination of a victim of sexual battery as defined in
chapter 794 or a lewd or lascivious offense as defined in chapter 800. Such payment shall be
made regardless of whether the victim is covered by health or disability insurance and whether
the victim participates in the criminal justice system or cooperates with law enforcement. The 0
payment shall be made only out of moneys allocated to the Crime Victims' Services Office for
the purposes of this section, and the paymentmay not exceed$500 with respect to any violation.
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The department shall develop and maintain separate protocols for the initial forensic physical >>
examination of adults and children. Payment under this section is limited to medical expenses <
connected with the initial forensic physical examination, and payment may be made to a medical
provider using an examiner qualified under part I of chapter 464, excluding s. 464.003(16); (-)
chapter 458; or chapter 459. Payment made to the medical provider by the department shall be C'
considered by the provider as payment in full for the initial forensic physical examination a
associated with the collection of evidence. The victim may not be required to pay, directly orFii
indirectly, the cost of an initial forensic physical examination performed in accordance with this a
section.
(3) The department may allow, deny, controvert, or litigate claims made against it under this ..
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section.
(4) Information received or maintained by the department identifying an alleged victim who
seeks payment of medical expenses under this section is confidential and exempt from the E
provisions of s. 119.07(1). '
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(5) A defendant or juvenile offender who pleads guilty or nolo contendere to, or is convicted U
of or adjudicated delinquent for,a violation of chapter 794 or chapter 800 shall be ordered by the 0
court to make restitution to the Crimes Compensation Trust Fund in an amount equal to the .L
compensation paid to the medical provider by the Crime Victims' Services Office for the cost ofen
the initial forensic physical examination. The order may be enforced by the department in the 0
same manner as a judgment in a civil action.
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