Senate Bill 1280

Senate Bill sb1280c1

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    Florida Senate - 2004                           CS for SB 1280

    By the Committee on Children and Families; and Senator Peaden





    300-2552-04

  1                      A bill to be entitled

  2         An act relating to the Department of Children

  3         and Family Services; amending s. 20.19, F.S.;

  4         removing the developmental disabilities program

  5         from the Department of Children and Family

  6         Services; creating s. 20.197, F.S.;

  7         establishing the Agency for Persons with

  8         Disabilities for the purpose of providing

  9         services to persons with developmental

10         disabilities, including institutional services;

11         directing the agency to execute interagency

12         agreements with the Agency for Health Care

13         Administration for the financial management of

14         the Medicaid waivers and the Department of

15         Children and Family Services for administrative

16         support; amending s. 393.063, F.S.; updating

17         definitions and deleting obsolete definitions;

18         amending  s. 393.064, F.S.; deleting

19         requirements that the agency's legislative

20         budget request include funding for prevention;

21         amending s. 393.0655, F.S.; requiring Level 2

22         screening for specified service providers;

23         amending s. 393.066, F.S.; removing requirement

24         that services be administered and approved by

25         the districts; modifying a requirement to

26         provide certain services; deleting a

27         requirement for a 5-year plan relating to

28         community-based services; adding a requirement

29         to assist clients in gaining employment;

30         repealing obsolete requirement authorizing the

31         state to lease or construct residential

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    Florida Senate - 2004                           CS for SB 1280
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 1         facilities; deleting authorization to adopt

 2         rules ensuring compliance with federal rules;

 3         amending s. 393.0661, F.S.; deleting an

 4         obsolete provision; modifying provisions

 5         relating to an assessment instrument; adding

 6         requirements for adoption of rate

 7         methodologies; amending s. 393.068, F.S.;

 8         making service provision subject to available

 9         resources; updating list of services to be

10         provided; deleting provision referring to

11         5-year plans; amending s. 393.0695, F.S.;

12         requiring in-home subsidy amounts to be

13         reassessed annually; amending s. 393.11, F.S.;

14         deleting provisions referring to districts,

15         department programs, and the nonexistent

16         Department of Labor and Employment Security;

17         amending s. 393.13, F.S.; deleting obsolete

18         provisions; adding legislative intent relating

19         to reducing the use of sheltered workshops;

20         amending s. 393.17, F.S.; authorizing the

21         agency to contract for the certification of

22         behavioral analysts; deleting provisions

23         relating to a certification program and

24         provisions allowing fees; amending s. 393.22,

25         F.S.; deleting prohibition preventing transfer

26         of funds and ensuring financial commitment for

27         specified developmental conditions; amending s.

28         393.502, F.S.; removing reference to districts;

29         deleting a provision permitting appointment of

30         family care council members if the Governor

31         does not act; amending ss. 408.301, 408.302,

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    Florida Senate - 2004                           CS for SB 1280
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 1         F.S.; amending legislative intent to add the

 2         Agency for Persons with Disabilities and the

 3         Department of Elderly Affairs as agencies that

 4         the Agency for Health Care Administration must

 5         enter into interagency agreement with regarding

 6         persons with special needs; amending s.

 7         409.906, F.S.; clarifying powers of the Agency

 8         for Health Care Administration with respect to

 9         limiting coverage for certain services;

10         repealing s. 393.14, F.S.; requiring a

11         multiyear plan; repealing s. 393.165, F.S.,

12         relating to ICF/DDs; repealing s. 393.166,

13         F.S., relating to homes for special services;

14         repealing s. 393.505, F.S., relating to

15         comprehensive day treatment service projects;

16         transferring programs and institutions relating

17         to developmental disabilities from the

18         Department of Children and Family Services to

19         the Agency for Persons with Disabilities;

20         providing duties of those agencies as well as

21         the Department of Management Services;

22         providing for substitution of parties in

23         administrative and judicial proceedings;

24         providing duties of the Office of Program

25         Policy Analysis and Government Accountability;

26         providing for a report; amending ss. 92.53,

27         397.405, 400.464, 419.001, 914.16, 914.17,

28         918.16, 943.0585, 943.059, F.S.; conforming

29         cross-references; amending ss. 393.0641,

30         393.065, 393.0651, 393.067, 393.0673, 393.0675,

31         393.0678, 393.071, 393.075, 393.115, 393.12,

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    Florida Senate - 2004                           CS for SB 1280
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 1         393.125, 393.14, 393.15, 393.501, 393.503,

 2         393.506, F.S.; conforming to the changes made

 3         by the act; authorizing the Department of

 4         Children and Family Services' Economic

 5         Self-Sufficiency Services Program Office to

 6         provide the eligibility determination function

 7         through department staff or through contract;

 8         providing restrictions; providing an effective

 9         date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  Paragraph (b) of subsection (4) of section

14  20.19, Florida Statutes, is amended to read:

15         20.19  Department of Children and Family

16  Services.--There is created a Department of Children and

17  Family Services.

18         (4)  PROGRAM OFFICES AND SUPPORT OFFICES.--

19         (b)  The following program offices are established:

20         1.  Adult Services.

21         2.  Child Care Services.

22         3.  Developmental Disabilities.

23         3.4.  Economic Self-Sufficiency Services.

24         4.5.  Family Safety.

25         5.6.  Mental Health.

26         6.7.  Refugee Services.

27         7.8.  Substance Abuse.

28         Section 2.  Section 20.197, Florida Statutes, is

29  created to read:

30         20.197  Agency for Persons with Disabilities.--There is

31  created the Agency for Persons with Disabilities, housed

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 1  within the Department of Children and Family Services for

 2  administrative purposes only. The agency shall be a separate

 3  budget entity not subject to control, supervision, or

 4  direction by the Department of Children and Family Services in

 5  any manner, including, but not limited to, personnel,

 6  purchasing, transactions involving real or personal property,

 7  and budgetary matters.

 8         (1)  The director of the agency shall be the agency

 9  head for all purposes and shall be appointed by the Governor

10  and serve at the pleasure of the Governor. The director shall

11  administer the affairs of the agency and establish

12  administrative units as needed and may, within available

13  resources, employ assistants, professional staff, and other

14  employees as necessary to discharge the powers and duties of

15  the agency.

16         (2)  The agency shall be responsible for the provision

17  of all services provided to persons with developmental

18  disabilities pursuant to chapter 393, including the operation

19  of all state institutional programs and the programmatic

20  management of Medicaid waivers established to provide services

21  to persons with developmental disabilities.

22         (3)  The agency shall engage in such other

23  administrative activities as are deemed necessary to

24  effectively and efficiently address the needs of the agency's

25  clients.

26         (4)  The agency shall enter into an interagency

27  agreement that delineates the responsibilities of the Agency

28  for Health Care Administration for the following:

29         (a)  The terms, and execution of contracts with

30  Medicaid providers for the provision of services provided

31  

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 1  through Medicaid, including federally approved waiver

 2  programs.

 3         (b)  Billing, payment, and reconciliation of claims for

 4  Medicaid services reimbursed by the agency.

 5         (c)  The implementation of utilization management

 6  measures, including the prior authorization of services plans

 7  and the streamlining and consolidation of waivers services, to

 8  ensure the cost-effective provision of needed Medicaid

 9  services and to maximize the number of persons with access to

10  such services.

11         (d)  A system of approving each client's plan of care

12  to ensure that the services on the plan of care are those that

13  without which the client would require the services of an

14  intermediate care facility for the developmentally disabled.

15         Section 3.  Section 393.063, Florida Statutes, is

16  amended to read:

17         393.063  Definitions.--For the purposes of this

18  chapter:

19         (1)  "Active treatment" means the provision of services

20  by an interdisciplinary team necessary to maximize a client's

21  individual independence or prevent regression or loss of

22  functional status.

23         (1)(2)  "Agency" means the Agency for Persons with

24  Disabilities Health Care Administration.

25         (2)(3)  "Autism" means a pervasive, neurologically

26  based developmental disability of extended duration which

27  causes severe learning, communication, and behavior disorders

28  with age of onset during infancy or childhood. Individuals

29  with autism exhibit impairment in reciprocal social

30  interaction, impairment in verbal and nonverbal communication

31  

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    Florida Senate - 2004                           CS for SB 1280
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 1  and imaginative ability, and a markedly restricted repertoire

 2  of activities and interests.

 3         (3)(4)  "Cerebral palsy" means a group of disabling

 4  symptoms of extended duration which results from damage to the

 5  developing brain that may occur before, during, or after birth

 6  and that results in the loss or impairment of control over

 7  voluntary muscles.  For the purposes of this definition,

 8  cerebral palsy does not include those symptoms or impairments

 9  resulting solely from a stroke.

10         (4)(5)  "Client" means any person determined eligible

11  by the agency department for developmental services under this

12  chapter.

13         (5)(6)  "Client advocate" means a friend or relative of

14  the client, or of the client's immediate family, who advocates

15  for the best interests of the client in any proceedings under

16  this chapter in which the client or his or her family has the

17  right or duty to participate.

18         (6)(7)  "Comprehensive assessment" means the process

19  which is used to determine eligibility for developmental

20  services under this chapter and develop the family or

21  individual support plan. The term includes review and

22  evaluation of information provided by the applicant, the

23  individual receiving supports or services through

24  developmental services, or the family, and others providing

25  supports or services to the individual or family, as well as

26  the use of formal assessment instruments.

27         (7)(8)  "Comprehensive transitional education program"

28  means a group of jointly operating centers or units, the

29  collective purpose of which is to provide a sequential series

30  of educational care, training, treatment, habilitation, and

31  rehabilitation services to persons who have developmental

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 1  disabilities, as defined in subsection (12), and who have

 2  severe or moderate maladaptive behaviors.  However, nothing in

 3  this subsection shall require such comprehensive transitional

 4  education programs to provide services only to persons with

 5  developmental disabilities, as defined in subsection (12). All

 6  such services shall be temporary in nature and delivered in a

 7  structured residential setting with the primary goal of

 8  incorporating the normalization principle to establish

 9  permanent residence for persons with maladaptive behaviors in

10  facilities not associated with the comprehensive transitional

11  education program.  The staff shall include psychologists and

12  teachers who, and such staff personnel shall be available to

13  provide services in each component center or unit of the

14  program. The psychologists shall be individuals who are

15  licensed in this state and certified as behavior analysts in

16  this state, or individuals who meet the professional

17  requirements established by the department for district

18  behavior analysts and are certified as behavior analysts

19  pursuant to s. 393.17 in this state.

20         (a)  Comprehensive transitional education programs

21  shall include a minimum of two component centers or units, as

22  defined in this paragraph, one of which shall be either an

23  intensive treatment and educational center or a transitional

24  training and educational center, which provide services to

25  persons with maladaptive behaviors in the following sequential

26  order:

27         1.  Intensive treatment and educational center.  This

28  component is a self-contained residential unit providing

29  intensive psychological and educational programming for

30  persons with severe maladaptive behaviors, whose behaviors

31  

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 1  preclude placement in a less restrictive environment due to

 2  the threat of danger or injury to themselves or others.

 3         2.  Transitional training and educational center.  This

 4  component is a residential unit for persons with moderate

 5  maladaptive behaviors, providing concentrated psychological

 6  and educational programming emphasizing a transition toward a

 7  less restrictive environment.

 8         3.  Community transition residence.  This component is

 9  a residential center providing educational programs and such

10  support services, training, and care as are needed to assist

11  persons with maladaptive behaviors to avoid regression to more

12  restrictive environments while preparing them for more

13  independent living. Continuous-shift staff shall be required

14  for this component.

15         4.  Alternative living center.  This component is a

16  residential unit providing an educational and family living

17  environment for persons with maladaptive behaviors, in a

18  moderately unrestricted setting.  Residential staff shall be

19  required for this component.

20         5.  Independent living education center.  This

21  component is a facility providing a family living environment

22  for persons with maladaptive behaviors, in a largely

23  unrestricted setting which includes education and monitoring

24  appropriate to support the development of independent living

25  skills by the students.

26         (b)  Centers or units that are components of a

27  comprehensive transitional education program are subject to

28  the license issued to the comprehensive transitional education

29  program and may be located on either single or multiple sites.

30         (c)  Comprehensive transitional education programs

31  shall develop individual education plans for each person with

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 1  maladaptive behaviors who receives services therein.  Such

 2  individual education plans shall be developed in accordance

 3  with the criteria specified included in Pub. L. No. 94-142, 20

 4  U.S.C. ss. 401 et seq., and 34 C.F.R. part 300.

 5         (d)  In no instance shall the total number of persons

 6  with maladaptive behaviors being provided services in a

 7  comprehensive transitional education program exceed 120.

 8         (e)  This subsection shall authorize licensure for

 9  comprehensive transitional education programs which by July 1,

10  1989:

11         1.  Are in actual operation; or

12         2.  Own a fee simple interest in real property for

13  which a county or city government has approved zoning allowing

14  for the placement of the facilities described in this

15  subsection, and have registered an intent with the department

16  to operate a comprehensive transitional education program.

17  However, nothing shall prohibit the assignment by such a

18  registrant to another entity at a different site within the

19  state, so long as there is compliance with all criteria of the

20  comprehensive transitional education program and local zoning

21  requirements and provided that each residential facility

22  within the component centers or units of the program

23  authorized under this subparagraph shall not exceed a capacity

24  of 15 persons.

25         (9)  "Day service" means the care, protection, and

26  supervision of a client for a period of less than 24 hours a

27  day on a regular basis which supplements for the client, in

28  accordance with his or her individual needs, daily care,

29  enrichment opportunities, and health supervision.

30  

31  

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 1         (8)(10)  "Day habilitation facility" means any

 2  nonresidential facility which provides day habilitation

 3  services.

 4         (9)  "Day habilitation service" means assistance with

 5  the acquisition, retention, or improvement in self-help,

 6  socialization, and adaptive skills which takes place in a

 7  nonresidential setting, separate from the home or facility in

 8  which the individual resides. Day habilitation services shall

 9  focus on enabling the individual to attain or maintain his or

10  her maximum functional level and shall be coordinated with any

11  physical, occupational, or speech therapies listed in the plan

12  of care.

13         (11)  "Department" means the Department of Children and

14  Family Services.

15         (10)(12)  "Developmental disability" means a disorder

16  or syndrome that is attributable to retardation, cerebral

17  palsy, autism, spina bifida, or Prader-Willi syndrome and that

18  constitutes a substantial handicap that can reasonably be

19  expected to continue indefinitely.

20         (11)(13)  "Developmental disabilities services

21  institution" means a state-owned and state-operated facility,

22  formerly known as a "Sunland Center," providing for the care,

23  habilitation, and rehabilitation of clients with developmental

24  disabilities.

25         (14)  "Developmental training facility" means any

26  nonresidential facility which provides basic training and

27  habilitation to clients.

28         (12)(15)  "Direct service provider," also known as

29  "caregiver" in chapters 39 and 415 or "caretaker" in

30  provisions relating to employment security checks, means a

31  person 18 years of age or older who has direct contact with

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 1  individuals with developmental disabilities, or has access to

 2  a client's living areas or to a client's funds or personal

 3  property, and is not a relative of such unrelated to the

 4  individuals with developmental disabilities.

 5         (a)  The term "direct service provider" also includes

 6  any person, including members of the direct service provider's

 7  family, over 12 years of age who resides with the direct

 8  service provider when:

 9         1.  The direct service provider provides supports or

10  services in his or her residence;

11         2.  The direct service provider provides supports or

12  services in a facility adjacent to his or her residence; or

13         3.  The person residing with the direct service

14  provider has direct contact with the individual with

15  developmental disabilities during the hours of provision of

16  supports or services.

17         (b)  Persons residing with the direct service provider,

18  including family members, who are between the ages of 12 years

19  and 18 years are not required to be fingerprinted, but shall

20  be screened for delinquency records.

21         (c)  A volunteer who assists on an intermittent basis

22  for less than 40 hours per month is not a direct service

23  provider for the purposes of screening if the volunteer is

24  under the direct and constant supervision of persons who meet

25  the personnel requirements of s. 393.0655.

26         (d)  A physician, nurse, or other professional licensed

27  and regulated by the Department of Business and Professional

28  Regulation is not a direct service provider for the purposes

29  of screening if the service he or she is providing to a client

30  is within the scope of practice for which he or she is

31  licensed.

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 1         (e)  A person selected by the family or the individual

 2  with developmental disabilities and paid by the family or the

 3  individual to provide supports or services is not a direct

 4  service provider for the purpose of screening.

 5         (16)  "District" means a service district of the

 6  department.

 7         (13)(17)  "Domicile" means the place where a client

 8  legally resides, which place is his or her permanent home.

 9  Domicile may be established as provided in s. 222.17.

10  Domicile may not be established in Florida by a minor who has

11  no parent domiciled in Florida, or by a minor who has no legal

12  guardian domiciled in Florida, or by any alien not classified

13  as a resident alien.

14         (14)(18)  "Enclave" means a work station in public or

15  private business or industry where a small group of persons

16  with developmental disabilities is employed and receives

17  training and support services or follow-along services among

18  nonhandicapped workers.

19         (15)(19)  "Epilepsy" means a chronic brain disorder of

20  various causes which is characterized by recurrent seizures

21  due to excessive discharge of cerebral neurons.  When found

22  concurrently with retardation, autism, or cerebral palsy,

23  epilepsy is considered a secondary disability for which the

24  client is eligible to receive services to ameliorate this

25  condition pursuant according to the provisions of this

26  chapter.

27         (16)(20)  "Express and informed consent" means consent

28  voluntarily given in writing with sufficient knowledge and

29  comprehension of the subject matter involved to enable the

30  person giving consent to make an understanding and enlightened

31  

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 1  decision without any element of force, fraud, deceit, duress,

 2  or other form of constraint or coercion.

 3         (17)(21)  "Family care program" means the program

 4  established in s. 393.068 an alternative to residential

 5  placement, in which a direct service provider provides a home

 6  for a client and assists him or her to the extent necessary

 7  for the client to participate in normal activities and to meet

 8  the demands of daily living. The program provides the support

 9  needed by the client's family or caretaker to meet the

10  individual needs of the client.

11         (18)(22)  "Follow-along services" means those support

12  services which shall be provided to persons with developmental

13  disabilities in all supported employment programs and may

14  include, but are not limited to, family support, assistance in

15  meeting transportation and medical needs, employer

16  intervention, performance evaluation, advocacy, replacement,

17  retraining or promotional assistance, or other similar support

18  services.

19         (19)(23)  "Foster care facility" means a residential

20  facility which provides a family living environment including

21  supervision and care necessary to meet the physical,

22  emotional, and social needs of its residents. The capacity of

23  such a facility shall not be more than three residents.

24         (20)(24)  "Group home facility" means a residential

25  facility which provides a family living environment including

26  supervision and care necessary to meet the physical,

27  emotional, and social needs of its residents.  The capacity of

28  such a facility shall be at least 4 residents but not more

29  than 15 residents.  For the purposes of this chapter, group

30  home facilities shall not be considered commercial

31  enterprises.

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 1         (21)(25)  "Guardian advocate" means a person appointed

 2  by the circuit court to represent a person with developmental

 3  disabilities in any proceedings brought pursuant to s. 393.12,

 4  and excludes the use of the same term as applied to a guardian

 5  advocate for mentally ill persons in chapter 394.

 6         (22)(26)  "Habilitation" means the process by which a

 7  client is assisted to acquire and maintain those life skills

 8  which enable the client to cope more effectively with the

 9  demands of his or her condition and environment and to raise

10  the level of his or her physical, mental, and social

11  efficiency. It includes, but is not limited to, programs of

12  formal structured education and treatment.

13         (23)(27)  "High-risk child" means, for the purposes of

14  this chapter, a child from birth to 5 years of age with one or

15  more of the following characteristics:

16         (a)  A developmental delay in cognition, language, or

17  physical development.

18         (b)  A child surviving a catastrophic infectious or

19  traumatic illness known to be associated with developmental

20  delay, when funds are specifically appropriated.

21         (c)  A child with a parent or guardian with

22  developmental disabilities who is developmentally disabled and

23  who requires assistance in meeting the child's developmental

24  needs.

25         (d)  A child who has a physical or genetic anomaly

26  associated with developmental disability.

27         (24)(28)  "Intermediate care facility for the

28  developmentally disabled" or "ICF/DD" means a residential

29  facility licensed and certified pursuant to part XI of chapter

30  400 in accordance with state law, and certified by the Federal

31  Government pursuant to the Social Security Act, as a provider

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 1  of Medicaid services to persons who are developmentally

 2  disabled. The capacity of such a facility shall not be more

 3  than 120 clients.

 4         (25)(29)  "Job coach" means a person who provides

 5  employment-related training at a work site to individuals with

 6  developmental disabilities.

 7         (26)(30)  "Medical/dental services" means medically

 8  necessary those services which are provided or ordered for a

 9  client by a person licensed physician or dentist and includes

10  pursuant to the provisions of chapter 458, chapter 459, or

11  chapter 466.  Such services may include, but are not limited

12  to, prescription drugs, specialized therapies, nursing

13  supervision, hospitalization, dietary services, prosthetic

14  devices, surgery, specialized equipment and supplies, adaptive

15  equipment, and other services as required to prevent or

16  alleviate a medical or dental condition.

17         (27)(31)  "Mobile work crew" means a group of workers

18  employed by an agency that provides services outside the

19  agency, usually under service contracts.

20         (28)(32)  "Normalization principle" means the principle

21  of letting the client obtain an existence as close to the

22  normal as possible, making available to the client patterns

23  and conditions of everyday life which are as close as possible

24  to the norm and patterns of the mainstream of society.

25         (29)(33)  "Personal services" include, but are not

26  limited to, such services as: individual assistance with or

27  supervision of essential activities of daily living for

28  self-care, including ambulation, bathing, dressing, eating,

29  grooming, and toileting, and other similar services that which

30  the agency department may define by rule. "Personal services"

31  shall not be construed to mean the provision of medical,

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 1  nursing, dental, or mental health services by the staff of a

 2  facility, except as provided in this chapter. In addition, an

 3  emergency response device installed in the apartment or living

 4  area of a resident shall not be classified as a personal

 5  service.

 6         (30)(34)  "Prader-Willi syndrome" means an inherited

 7  condition typified by neonatal hypotonia with failure to

 8  thrive, hyperphagia or an excessive drive to eat which leads

 9  to obesity usually at 18 to 36 months of age, mild to moderate

10  retardation, hypogonadism, short stature, mild facial

11  dysmorphism, and a characteristic neurobehavior.

12         (31)(35)  "Reassessment" means a process which

13  periodically develops, through annual review and revision of a

14  client's family or individual support plan, a knowledgeable

15  statement of current needs and past development for each

16  client.

17         (36)  "Rehabilitation workshop facility" means a place

18  operated by a for-profit or nonprofit agency engaged in the

19  manufacture or production of products or provision of

20  services, which provides gainful rehabilitation to severely

21  handicapped persons until such persons can become employed or

22  which provides gainful work to persons who are developmentally

23  disabled.

24         (32)(37)  "Relative" means an individual who is

25  connected by affinity or consanguinity to the client and who

26  is 18 years of age or more.

27         (33)(38)  "Resident" means any person who is

28  developmentally disabled residing at a residential facility in

29  the state, whether or not such person is a client of the

30  agency department.

31  

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 1         (34)(39)  "Residential facility" means a facility

 2  providing room and board and personal care for persons with

 3  developmental disabilities.

 4         (35)  "Residential habilitation" means assistance

 5  provided in a residential habitation center with acquisition,

 6  retention, or improvement in skills related to activities of

 7  daily living, such as personal grooming and cleanliness,

 8  bedmaking and household chores, eating and the preparation of

 9  food, and the social and adaptive skills necessary to enable

10  the individual to reside in a noninstitutional setting.

11         (36)(40)  "Residential habilitation center" means a

12  community residential facility that provides residential

13  habilitation. operated primarily for the diagnosis, treatment,

14  habilitation, or rehabilitation of its residents, which

15  facility provides, in a structured residential setting,

16  individualized continuing evaluation, planning, 24-hour

17  supervision, and coordination and integration of health or

18  rehabilitative services to help each resident reach his or her

19  maximum functioning capabilities. The capacity of such a

20  facility shall not be fewer less than nine residents. After

21  October 1, 1989, no new residential habilitation centers shall

22  be licensed and the licensed capacity shall not be increased

23  for any existing residential habilitation center.

24         (37)(41)  "Respite service" means appropriate,

25  short-term, temporary care that is provided to a person with

26  developmental disabilities to meet the planned or emergency

27  needs of the person with developmental disabilities or the

28  family or other direct service provider.

29         (38)(42)  "Retardation" means significantly subaverage

30  general intellectual functioning existing concurrently with

31  deficits in adaptive behavior and manifested during the period

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 1  from conception to age 18. "Significantly subaverage general

 2  intellectual functioning," for the purpose of this definition,

 3  means performance which is two or more standard deviations

 4  from the mean score on a standardized intelligence test

 5  specified in the rules of the agency department.  "Adaptive

 6  behavior," for the purpose of this definition, means the

 7  effectiveness or degree with which an individual meets the

 8  standards of personal independence and social responsibility

 9  expected of his or her age, cultural group, and community.

10         (43)  "Screening," for purposes of employment,

11  contracting, or certification, means the act of assessing the

12  background of direct service providers and independent support

13  coordinators, who are not related to clients for whom they

14  provide services, and includes, but is not limited to,

15  employment history checks, local criminal records checks

16  through local law enforcement agencies, fingerprinting for all

17  purposes and checks in this subsection, statewide criminal

18  records checks through the Department of Law Enforcement, and

19  federal criminal records checks through the Federal Bureau of

20  Investigation; except that screening for volunteers included

21  under the definition of personnel includes only local criminal

22  records checks through local law enforcement agencies for

23  current residence and residence immediately prior to

24  employment as a volunteer, if different; and statewide

25  criminal records correspondence checks through the Department

26  of Law Enforcement.

27         (39)(44)  "Severe self-injurious behavior" means any

28  chronic behavior that results in injury to the person's own

29  body, which includes, but is not limited to, self-hitting,

30  head banging, self-biting, scratching, and the ingestion of

31  

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 1  harmful or potentially harmful nutritive or nonnutritive

 2  substances.

 3         (40)(45)  "Specialized therapies" means those

 4  treatments or activities prescribed by and provided by an

 5  appropriately trained, licensed, or certified professional or

 6  staff person and may include, but are not limited to, physical

 7  therapy, speech therapy, respiratory therapy, occupational

 8  therapy, behavior therapy, physical management services, and

 9  related specialized equipment and supplies.

10         (41)(46)  "Spina bifida" means, for purposes of this

11  chapter, a person with a medical diagnosis of spina bifida

12  cystica or myelomeningocele.

13         (42)(47)  "Support coordinator" means a person who is

14  designated by the agency department to assist individuals and

15  families in identifying their desires, capacities, needs, and

16  resources, as well as finding and gaining access to necessary

17  supports and services; coordinating the delivery of supports

18  and services; advocating on behalf of the individual and

19  family; maintaining relevant records; and monitoring and

20  evaluating the delivery of supports and services to determine

21  the extent to which they meet the needs and expectations

22  identified by the individual, family, and others who

23  participated in the development of the support plan.

24         (43)(48)  "Supported employee" means a person whose

25  developmental disability has traditionally kept him or her

26  from integrated, community-based employment and who requires

27  and receives supported employment ongoing support or

28  follow-along services in order to maintain community-based

29  employment.

30         (44)(49)  "Supported employment" means employment

31  located or provided in a normal employment setting which

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 1  provides at least 20 hours employment per week in an

 2  integrated work setting, with earnings paid on a commensurate

 3  wage basis, and for which continued support is or follow-along

 4  services are needed for continuing job maintenance.

 5         (45)(50)  "Supported living" means a category of

 6  individually determined services designed and coordinated in

 7  such a manner as to provide assistance to adult clients who

 8  require ongoing supports to live as independently as possible

 9  in their own homes, to be integrated into the community, and

10  to participate in community life to the fullest extent

11  possible.

12         (46)(51)  "Training" means a planned approach to

13  assisting a client to attain or maintain his or her maximum

14  potential and includes services ranging from sensory

15  stimulation to instruction in skills for independent living

16  and employment.

17         (47)(52)  "Treatment" means the prevention,

18  amelioration, or cure of a client's physical and mental

19  disabilities or illnesses.

20         Section 4.  Subsections (1), (3), (4), and (5) of

21  section 393.064, Florida Statutes, are amended to read:

22         393.064  Prevention.--

23         (1)  The agency Department of Children and Family

24  Services shall give priority to the development, planning, and

25  implementation of programs which have the potential to

26  prevent, correct, cure, or reduce the severity of

27  developmental disabilities.  The agency department shall

28  direct an interagency interdepartmental and interprogram

29  effort for the continued development of a prevention plan and

30  program.  The agency department shall identify, through

31  demonstration projects, through departmental program

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 1  evaluation, and through monitoring of programs and projects

 2  conducted outside of the agency department, any medical,

 3  social, economic, or educational methods, techniques, or

 4  procedures that which have the potential to effectively

 5  ameliorate, correct, or cure developmental disabilities.  The

 6  program department shall determine the costs and benefits that

 7  would be associated with such prevention efforts and shall

 8  implement, or recommend the implementation of, those methods,

 9  techniques, or procedures which are found likely to be

10  cost-beneficial.  The department in its legislative budget

11  request shall identify funding needs for such prevention

12  programs.

13         (3)  Other agencies of state government shall cooperate

14  with and assist the agency department, within available

15  resources, in implementing programs which have the potential

16  to prevent, or reduce the severity of, developmental

17  disabilities and shall consider the findings and

18  recommendations of the agency department in developing and

19  implementing agency programs and formulating agency budget

20  requests.

21         (4)  There is created at the developmental services

22  institution in Gainesville a research and education unit.

23  Such unit shall be named the Raymond C. Philips Research and

24  Education Unit.  The functions of such unit shall include:

25         (a)  Research into the etiology of developmental

26  disabilities.

27         (b)  Ensuring that new knowledge is rapidly

28  disseminated throughout the developmental services program of

29  the agency Department of Children and Family Services.

30  

31  

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 1         (c)  Diagnosis of unusual conditions and syndromes

 2  associated with developmental disabilities in clients

 3  identified throughout the developmental services programs.

 4         (d)  Evaluation of families of clients with

 5  developmental disabilities of genetic origin in order to

 6  provide them with genetic counseling aimed at preventing the

 7  recurrence of the disorder in other family members.

 8         (e)  Ensuring that health professionals in the

 9  developmental services institution at Gainesville have access

10  to information systems that will allow them to remain updated

11  on newer knowledge and maintain their postgraduate education

12  standards.

13         (f)  Enhancing staff training for professionals

14  throughout the agency department in the areas of genetics and

15  developmental disabilities.

16         (5)  The agency Department of Children and Family

17  Services shall have the authority, within available resources,

18  to contract for the supervision and management of the Raymond

19  C. Philips Research and Education Unit, and such contract

20  shall include specific program objectives.

21         Section 5.  Section 393.0655, Florida Statutes, is

22  amended to read:

23         393.0655  Screening of direct service providers.--

24         (1)  MINIMUM STANDARDS.--The agency department shall

25  require level 2 employment screening pursuant to chapter 435,

26  using the level 2 standards for screening set forth in that

27  chapter, for direct service providers who are unrelated to

28  their clients, including support coordinators, and managers

29  and supervisors of residential facilities or comprehensive

30  transitional education programs licensed under s. 393.967 and

31  any other person, including volunteers, who provide care or

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 1  services, who have access to a client's living areas, or who

 2  have access to a client's funds or personal property.

 3  Background screening shall include employment history checks

 4  as provided in s. 435.03(1) and local criminal records checks

 5  through local law enforcement agencies.

 6         (a)  A volunteer who assists on an intermittent basis

 7  for less than 40 hours per month does not have to be screened,

 8  if the volunteer is under the direct and constant supervision

 9  of persons who meet the screening requirements of this

10  section.

11         (b)  Licensed physicians, nurses, or other

12  professionals licensed and regulated by the Department of

13  Health are not subject to background screening pursuant to

14  this section if they are providing a service that is within

15  their scope of licensed practice.

16         (c)  A person selected by the family or the individual

17  with developmental disabilities and paid by the family or the

18  individual to provide supports or services is not required to

19  have a background screening under this section.

20         (d)  Persons residing with the direct services

21  provider, including family members, are subject to background

22  screening; however, such persons who are 12 to 18 years of age

23  shall be screened for delinquency records only.

24         (2)  EXEMPTIONS FROM DISQUALIFICATION.--The agency

25  department may grant exemptions from disqualification from

26  working with children or adults with developmental

27  disabilities the developmentally disabled as provided in s.

28  435.07.

29         (3)  PAYMENT FOR PROCESSING OF FINGERPRINTS AND STATE

30  CRIMINAL RECORDS CHECKS.--The costs of processing fingerprints

31  and the state criminal records checks shall be borne by the

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 1  employer or by the employee or individual who is being

 2  screened.

 3         (4)  EXCLUSION FROM OWNING, OPERATING, OR BEING

 4  EMPLOYED BY A DIRECT SERVICE PROVIDER RESIDENTIAL FACILITY;

 5  HEARINGS PROVIDED.--

 6         (a)  The agency department shall deny, suspend,

 7  terminate, or revoke a license, certification, rate agreement,

 8  purchase order, or contract, or pursue other remedies provided

 9  in s. 393.0673, s. 393.0675, or s. 393.0678 in addition to or

10  in lieu of denial, suspension, termination, or revocation for

11  failure to comply with this section.

12         (b)  When the agency department has reasonable cause to

13  believe that grounds for denial or termination of employment

14  exist, it shall notify, in writing, the employer and the

15  direct service provider affected, stating the specific record

16  which indicates noncompliance with the standards in this

17  section.

18         (c)  The procedures established for hearing under

19  chapter 120 shall be available to the employer and the direct

20  service provider in order to present evidence relating either

21  to the accuracy of the basis of exclusion or to the denial of

22  an exemption from disqualification.

23         (d)  Refusal on the part of an employer to dismiss a

24  direct service provider who has been found to be in

25  noncompliance with standards of this section shall result in

26  automatic denial, termination, or revocation of the license,

27  certification, rate agreement, purchase order, or contract, in

28  addition to any other remedies pursued by the agency

29  department.

30         Section 6.  Section 393.066, Florida Statutes, is

31  amended to read:

                                  25

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 1         393.066  Community services and treatment for persons

 2  who are developmentally disabled.--

 3         (1)  The agency Department of Children and Family

 4  Services shall plan, develop, organize, and implement its

 5  programs of services and treatment for persons who are

 6  developmentally disabled along district lines.  The goal of

 7  such programs shall be to allow clients to live as

 8  independently as possible in their own homes or communities

 9  and to achieve productive lives as close to normal as

10  possible.

11         (2)  All programs of services and treatment for clients

12  shall be administered through the districts and shall serve

13  all clients regardless of the type of residential setting in

14  which the client lives.  All elements of community-based

15  services shall be made available, in each service district and

16  eligibility for these services shall be consistent across the

17  state districts.  In addition, all purchased services shall be

18  approved by the agency district.

19         (2)(3)  All services needed shall be purchased instead

20  of provided directly by the agency department, when such

21  arrangement is more cost-efficient than having those services

22  provided directly by the department.

23         (3)(4)  Community-based services that are medically

24  necessary to prevent institutionalization shall, to the extent

25  of available resources, include:

26         (a)  Day habilitation services, including developmental

27  training services.

28         (b)  Family care services.

29         (c)  Guardian advocate referral services.

30  

31  

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 1         (d)  Medical/dental services, except that medical

 2  services shall not be provided to clients with spina bifida

 3  except as specifically appropriated by the Legislature.

 4         (e)  Parent training.

 5         (f)  Recreation.

 6         (g)  Residential services.

 7         (h)  Respite services.

 8         (i)  Social services.

 9         (j)  Specialized therapies.

10         (k)  Supported employment, including enclave, job

11  coach, mobile work crew, and follow-along services.

12         (l)  Supported living.

13         (m)  Training, including behavioral programming.

14         (n)  Transportation.

15         (o)  Other habilitative and rehabilitative services as

16  needed.

17  

18  Services to clients with spina bifida shall not include

19  medical services except as appropriated by the Legislature.

20         (5)  Provided it is consistent with the intent of the

21  Legislature, the department shall prioritize increased

22  appropriations provided for community-based services for

23  developmentally disabled individuals toward individualized,

24  community-based supports and services for consumers and their

25  families.  Further, the department's 5-year plan for

26  Developmental Services shall reflect a priority toward

27  individualized, community-based supports and services for

28  consumers and their families.

29         (4)(6)  The agency department shall utilize the

30  services of private businesses, not-for-profit organizations,

31  and units of local government whenever such services are more

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 1  cost-efficient than such services provided directly by the

 2  department, including arrangements for provision of

 3  residential facilities.

 4         (5)(7)  In order to improve the potential for

 5  utilization of more cost-effective, community-based

 6  residential facilities, the agency department shall promote

 7  the statewide development of day habilitation services for

 8  clients who live with a direct service provider in a

 9  community-based residential facility and who do not require

10  24-hour-a-day care in a hospital or other health care

11  institution, but who may, in the absence of day habilitation

12  services, require admission to a developmental disabilities

13  services institution. Each day service facility shall provide

14  a protective physical environment for clients, ensure that

15  direct service providers meet the minimum screening standards

16  for good moral character as required contained in s. 393.0655,

17  make available to all day habilitation service participants at

18  least one meal on each day of operation, provide facilities to

19  enable participants to obtain needed rest while attending the

20  program, as appropriate, and provide social and educational

21  activities designed to stimulate interest and provide

22  socialization skills.

23         (6)  To promote independence and productivity, the

24  agency shall provide supports and services, within available

25  resources, to assist clients enrolled in Medicaid waivers who

26  choose to pursue gainful employment.

27         (7)(8)  For the purpose of making needed

28  community-based residential facilities available at the least

29  possible cost to the state, the agency department is

30  authorized to lease privately owned residential facilities

31  under long-term rental agreements, if such rental agreements

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 1  are projected to be less costly to the state over the useful

 2  life of the facility than state purchase or state construction

 3  of such a facility. In addition, the department is authorized

 4  to permit, on any public land to which the department holds

 5  the lease, construction of a residential facility for which

 6  the department has entered into a long-term rental agreement

 7  as specified in this subsection.

 8         (8)(9)  The agency department may adopt rules to ensure

 9  compliance with federal laws or regulations that apply to

10  services provided pursuant to this section.

11         Section 7.  Section 393.0661, Florida Statutes, is

12  amended to read:

13         393.0661  Home and community-based services delivery

14  system; comprehensive redesign.--The Legislature finds that

15  the home and community-based services delivery system for

16  persons with developmental disabilities and the availability

17  of appropriated funds are two of the critical elements in

18  making services available.  Therefore, it is the intent of the

19  Legislature that the Agency for Persons with Disabilities

20  Department of Children and Family Services shall develop and

21  implement a comprehensive redesign of the system. The redesign

22  of the home and community-based services system shall include,

23  at a minimum, all actions necessary to achieve an appropriate

24  rate structure, client choice within a specified service

25  package, appropriate assessment strategies, an efficient

26  billing process that contains reconciliation and monitoring

27  components, a redefined role for support coordinators that

28  avoids potential conflicts of interest, and family/client

29  budgets linked to levels of need. Prior to the release of

30  funds in the lump-sum appropriation, the department shall

31  present a plan to the Executive Office of the Governor, the

                                  29

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 1  House Fiscal Responsibility Council, and the Senate

 2  Appropriations Committee. The plan must result in a full

 3  implementation of the redesigned system no later than July 1,

 4  2003.  At a minimum, the plan must provide that the portions

 5  related to direct provider enrollment and billing will be

 6  operational no later than March 31, 2003.  The plan must

 7  further provide that a more effective needs assessment

 8  instrument will be deployed by January 1, 2003, and that all

 9  clients will be assessed with this device by June 30, 2003.

10         (1)  In no event may The agency shall use department

11  select an assessment instrument without appropriate evidence

12  that is it will be reliable and valid for identifying the

13  support needs of individuals. Once such evidence has been

14  obtained, however, The agency may contract with department

15  shall determine the feasibility of contracting with an

16  external vendor to apply the new assessment device to all

17  clients receiving services through the Medicaid waiver. In

18  lieu of using an external vendor or, the department may use

19  support coordinators to complete client for the assessments if

20  it develops sufficient safeguards and training to ensure

21  ongoing significantly improve the inter-rater reliability of

22  the support coordinators administering the assessment.

23         (2)  The agency, with the concurrence of the Agency for

24  Health Care Administration, may contract for the determination

25  of medical necessity and establishment of individual budgets.

26         Section 8.  Section 393.068, Florida Statutes, is

27  amended to read:

28         393.068  Family care program.--

29         (1)  The family care program is established for the

30  purpose of providing services and support to families and

31  individuals with developmental disabilities in order to

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 1  maintain the individual in the home environment and avoid

 2  costly out-of-home residential placement.  The Legislature

 3  recognizes the importance of family support in the long-range

 4  success of deinstitutionalization. Services and support

 5  available to families and individuals with developmental

 6  disabilities shall emphasize community living and enable

 7  individuals with developmental disabilities to enjoy typical

 8  lifestyles.  Support and flexibility in coordinating support

 9  and services are core elements in caring for the individual

10  who is developmentally disabled. One way to accomplish this is

11  to recognize that families are the greatest resource available

12  to individuals who have developmental disabilities and that

13  families must be supported in their role as primary care

14  givers.

15         (2)  Services and support authorized under this program

16  shall, to the extent of available resources, include the

17  services listed under s. 393.066 s. 393.066(4) and, in

18  addition, shall include, but not be limited to:

19         (a)  Attendant care.

20         (b)  Barrier-free modifications to the home.

21         (c)  Home visitation by agency workers.

22         (d)  In-home subsidies.

23         (e)  Low-interest loans.

24         (f)  Parent training.

25         (g)  Respite care.

26         (f)(h)  Modifications for vehicles used to transport

27  the individual with a developmental disability.

28         (g)(i)  Facilitated communication.

29         (h)(j)  Family counseling.

30         (i)(k)  Equipment and supplies.

31         (j)(l)  Self-advocacy training.

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 1         (k)(m)  Roommate services.

 2         (l)(n)  Integrated community activities.

 3         (m)(o)  Emergency services.

 4         (n)(p)  Support coordination.

 5         (o)  Supported employment.

 6         (p)(q)  Other support services as identified by the

 7  family or individual.

 8         (2)  Provided it is consistent with the intent of the

 9  Legislature, the department shall prioritize increased

10  appropriations provided for family-based services for

11  developmentally disabled individuals toward individualized,

12  family-based supports and services for consumers and their

13  families. Further, the department's 5-year plan for

14  developmental services shall reflect a priority toward

15  individualized, family-based supports and services for

16  consumers and their families.

17         (3)  When it is determined by the agency department to

18  be more cost-effective and in the best interest of the client

19  to maintain such client in the home of a direct service

20  provider, the parent or guardian of the client or, if

21  competent, the client may enroll the client in the family care

22  program. The direct service provider of a client enrolled in

23  the family care program shall be reimbursed according to a

24  rate schedule set by the agency department. In-home subsidies

25  cited in paragraph (1)(d) shall be provided according to s.

26  393.0695 and are not subject to any other payment method or

27  rate schedule provided for in this section.

28         (4)  All existing community resources available to the

29  client shall be utilized to support program objectives.

30  Additional services may be incorporated into the program as

31  appropriate and to the extent that resources are available.

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 1  The agency department is authorized to accept gifts and grants

 2  in order to carry out the program.

 3         (5)  The agency department may contract for the

 4  provision of any portion of the services required by the

 5  program, except for in-home subsidies cited in paragraph

 6  (2)(d) (1)(d), which shall be provided pursuant to s.

 7  393.0695. Otherwise, purchase of service contracts shall be

 8  used whenever the services so provided are more cost-efficient

 9  than those provided by the agency department.

10         (6)  When possible, services shall be obtained under

11  the "Florida Comprehensive Annual Services Program Plan under

12  Title XX of the Social Security Act" and the "Florida Plan for

13  Medical Assistance under Title XIX of the Social Security

14  Act."

15         (7)  To provide a range of personal services for the

16  client, the use of volunteers shall be maximized.  The agency

17  department shall assure appropriate insurance coverage to

18  protect volunteers from personal liability while acting within

19  the scope of their volunteer assignments under the program.

20         (8)  The department shall submit to the President of

21  the Senate and the Speaker of the House of Representatives, as

22  part of the biennial plan required by s. 393.14, an evaluation

23  report summarizing the progress of the family care program.

24  The report shall include the information and data necessary

25  for an accurate analysis of the costs and benefits associated

26  with the establishment and operation of the programs that were

27  established.

28         Section 9.  Subsections (1) and (3) of section

29  393.0695, Florida Statutes, are amended to read:

30         393.0695  Provision of in-home subsidies.--

31  

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 1         (1)  The agency may pay department shall develop by

 2  October 1, 1991, a plan for paying in-home subsidies to

 3  clients enrolled in the family care program or supported

 4  living when it is determined to be more cost-effective and in

 5  the best interest of the client to provide a cash supplement

 6  to the client's income to enable the client to remain in the

 7  family home or the client's own home. Payments may be made to

 8  the parent or guardian of the client or, if the client is

 9  competent, directly to the client.

10         (3)  In-home subsidies must be based on an individual

11  determination of need and must not exceed maximum amounts set

12  by the agency department and reassessed by the agency annually

13  department quarterly.

14         Section 10.  Subsection (1), paragraph (a) of

15  subsection (2), paragraph (a) of subsection (4), paragraphs

16  (a), (d), and (h) of subsection (5), paragraph (a) of

17  subsection (6), paragraphs (d) and (e) of subsection (8), and

18  subsection (13) of section 393.11, Florida Statutes, are

19  amended to read:

20         393.11  Involuntary admission to residential

21  services.--

22         (1)  JURISDICTION.--When a person is mentally retarded

23  and requires involuntary admission to residential services

24  provided by the agency developmental services program of the

25  Department of Children and Family Services, the circuit court

26  of the county in which the person resides shall have

27  jurisdiction to conduct a hearing and enter an order

28  involuntarily admitting the person in order that the person

29  may receive the care, treatment, habilitation, and

30  rehabilitation which the person needs.  For the purpose of

31  identifying mental retardation, diagnostic capability shall be

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 1  established by in every program function of the agency

 2  department in the districts, including, but not limited to,

 3  programs provided by children and families; delinquency

 4  services; alcohol, drug abuse, and mental health; and economic

 5  services, and by the Department of Labor and Employment

 6  Security. Except as otherwise specified, the proceedings under

 7  this section shall be governed by the Florida Rules of Civil

 8  Procedure.

 9         (2)  PETITION.--

10         (a)  A petition for involuntary admission to

11  residential services may be executed by a petitioning

12  commission. For proposed involuntary admission to residential

13  services arising out of chapter 916, the petition may be filed

14  by a petitioning commission, the agency department, the state

15  attorney of the circuit from which the defendant was

16  committed, or the defendant's attorney.

17         (4)  DEVELOPMENTAL SERVICES PARTICIPATION.--

18         (a)  Upon receiving the petition, the court shall

19  immediately order the developmental services program of the

20  agency department to examine the person being considered for

21  involuntary admission to residential services.

22         (5)  EXAMINING COMMITTEE.--

23         (a)  Upon receiving the petition, the court shall

24  immediately appoint an examining committee to examine the

25  person being considered for involuntary admission to

26  residential services of the developmental services program of

27  the agency department.

28         (d)  Members of the committee shall not be employees of

29  the agency department or be associated with each other in

30  practice or in employer-employee relationships.  Members of

31  the committee shall not have served as members of the

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 1  petitioning commission.  Members of the committee shall not be

 2  employees of the members of the petitioning commission or be

 3  associated in practice with members of the commission.

 4         (h)  The agency department shall develop and prescribe

 5  by rule one or more standard forms to be used as a guide for

 6  members of the examining committee.

 7         (6)  COUNSEL; GUARDIAN AD LITEM.--

 8         (a)  The person with mental retardation shall be

 9  represented by counsel at all stages of the judicial

10  proceeding. In the event the person is indigent and cannot

11  afford counsel, the court shall appoint a public defender not

12  less than 20 working days before the scheduled hearing.  The

13  person's counsel shall have full access to the records of the

14  service provider and the agency department.  In all cases, the

15  attorney shall represent the rights and legal interests of the

16  person with mental retardation, regardless of who may initiate

17  the proceedings or pay the attorney's fee.

18         (8)  ORDER.--

19         (d)  If an order of involuntary admission to

20  residential services provided by the developmental services

21  program of the agency department is entered by the court, a

22  copy of the written order shall be served upon the person, the

23  person's counsel, the agency department, and the state

24  attorney and the person's defense counsel, if applicable.  The

25  order of involuntary admission sent to the agency department

26  shall also be accompanied by a copy of the examining

27  committee's report and other reports contained in the court

28  file.

29         (e)  Upon receiving the order, the agency department

30  shall, within 45 days, provide the court with a copy of the

31  person's family or individual support plan and copies of all

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 1  examinations and evaluations, outlining the treatment and

 2  rehabilitative programs. The agency department shall document

 3  that the person has been placed in the most appropriate, least

 4  restrictive and cost-beneficial residential facility. A copy

 5  of the family or individual support plan and other

 6  examinations and evaluations shall be served upon the person

 7  and the person's counsel at the same time the documents are

 8  filed with the court.

 9         (13)  HABEAS CORPUS.--At any time and without notice,

10  any person involuntarily admitted to the developmental

11  services program of the agency department, or the person's

12  parent or legal guardian in his or her behalf, is entitled to

13  a writ of habeas corpus to question the cause, legality, and

14  appropriateness of the person's involuntary admission.  Each

15  person, or the person's parent or legal guardian, shall

16  receive specific written notice of the right to petition for a

17  writ of habeas corpus at the time of his or her involuntary

18  placement.

19         Section 11.  Paragraphs (a), (b), and (d) of subsection

20  (2), subsection (3), paragraphs (b), (g), (i), and (j) of

21  subsection (4), and subsection (6) of section 393.13, Florida

22  Statutes, are amended to read:

23         393.13  Personal treatment of persons who are

24  developmentally disabled.--

25         (2)  LEGISLATIVE INTENT.--

26         (a)  The Legislature finds and declares that the system

27  of care provided which the state provides to individuals who

28  are developmentally disabled must be designed to meet the

29  needs of the clients as well as protect the integrity of their

30  legal and human rights.  Further, the current system of care

31  for persons who are developmentally disabled is in need of

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 1  substantial improvement in order to provide truly meaningful

 2  treatment and habilitation.

 3         (b)  The Legislature further finds and declares that

 4  the design and delivery of treatment and services to persons

 5  who are developmentally disabled should be directed by the

 6  principles of normalization and therefore should:

 7         1.  Abate the use of large institutions.

 8         2.  Continue the development of community-based

 9  services which provide reasonable alternatives to

10  institutionalization in settings that are least restrictive to

11  the client.

12         3.  Provide training and education to individuals who

13  are developmentally disabled which will maximize their

14  potential to lead independent and productive lives and which

15  will afford opportunities for outward mobility from

16  institutions.

17         4.  Reduce the use of sheltered workshops and other

18  noncompetitive employment day activities and promote

19  opportunities for gainful employment for persons with

20  developmental disabilities who choose to seek such employment.

21         (d)  It is the intent of the Legislature:

22         1.  To articulate the existing legal and human rights

23  of persons who are developmentally disabled so that they may

24  be exercised and protected. Persons with developmental

25  disabilities shall have all the rights enjoyed by citizens of

26  the state and the United States.

27         2.  To provide a mechanism for the identification,

28  evaluation, and treatment of persons with developmental

29  disabilities.

30         3.  To divert those individuals from institutional

31  commitment who, by virtue of comprehensive assessment, can be

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 1  placed in less costly, more effective community environments

 2  and programs.

 3         4.  To develop a plan which will indicate the most

 4  effective and efficient manner in which to implement treatment

 5  programs which are meaningful to individuals with

 6  developmental disabilities, while safeguarding and respecting

 7  the legal and human rights of such individuals.

 8         4.5.  Once the plan developed under the provisions of

 9  subparagraph 4. is presented to the Legislature, To fund

10  improvements in the program in accordance with the

11  availability of state resources and yearly priorities

12  determined by the Legislature.

13         5.6.  To ensure that persons with developmental

14  disabilities receive treatment and habilitation which fosters

15  the developmental potential of the individual.

16         6.7.  To provide programs for the proper habilitation

17  and treatment of persons with developmental disabilities which

18  shall include, but not be limited to, comprehensive

19  medical/dental care, education, recreation, specialized

20  therapies, training, social services, transportation,

21  guardianship, family care programs, day habilitation services,

22  and habilitative and rehabilitative services suited to the

23  needs of the individual regardless of age, degree of

24  disability, or handicapping condition. No person with

25  developmental disabilities shall be deprived of these

26  enumerated services by reason of inability to pay.

27         7.8.  To fully effectuate the normalization principle

28  through the establishment of community services for persons

29  with developmental disabilities as a viable and practical

30  alternative to institutional care at each stage of individual

31  

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 1  life development. If care in a residential facility becomes

 2  necessary, it shall be in the least restrictive setting.

 3         (3)  RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL

 4  DISABILITIES.--The rights described in this subsection shall

 5  apply to all persons with developmental disabilities, whether

 6  or not such persons are clients of the agency department.

 7         (a)  Persons with developmental disabilities shall have

 8  a right to dignity, privacy, and humane care, including the

 9  right to be free from sexual abuse in residential facilities.

10         (b)  Persons with developmental disabilities shall have

11  the right to religious freedom and practice.  Nothing shall

12  restrict or infringe on a person's right to religious

13  preference and practice.

14         (c)  Persons with developmental disabilities shall

15  receive services, within available sources, which protect the

16  personal liberty of the individual and which are provided in

17  the least restrictive conditions necessary to achieve the

18  purpose of treatment.

19         (d)  Persons who are developmentally disabled shall

20  have a right to participate in an appropriate program of

21  quality education and training services, within available

22  resources, regardless of chronological age or degree of

23  disability.  Such persons may be provided with instruction in

24  sex education, marriage, and family planning.

25         (e)  Persons who are developmentally disabled shall

26  have a right to social interaction and to participate in

27  community activities.

28         (f)  Persons who are developmentally disabled shall

29  have a right to physical exercise and recreational

30  opportunities.

31  

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 1         (g)  Persons who are developmentally disabled shall

 2  have a right to be free from harm, including unnecessary

 3  physical, chemical, or mechanical restraint, isolation,

 4  excessive medication, abuse, or neglect.

 5         (h)  Persons who are developmentally disabled shall

 6  have a right to consent to or refuse treatment, subject to the

 7  provisions of s. 393.12(2)(a) or chapter 744.

 8         (i)  No otherwise qualified person shall, by reason of

 9  having a developmental disability, be excluded from

10  participation in, or be denied the benefits of, or be subject

11  to discrimination under, any program or activity which

12  receives public funds, and all prohibitions set forth under

13  any other statute shall be actionable under this statute.

14         (j)  No otherwise qualified person shall, by reason of

15  having a developmental disability, be denied the right to vote

16  in public elections.

17         (4)  CLIENT RIGHTS.--For purposes of this subsection,

18  the term "client," as defined in s. 393.063, shall also

19  include any person served in a facility licensed pursuant to

20  s. 393.067.

21         (b)  Each client has the right to the possession and

22  use of his or her own clothing and personal effects, except in

23  those specific instances where the use of some of these items

24  as reinforcers is essential for training the client as part of

25  an appropriately approved behavioral program.  The chief

26  administrator of the facility may take temporary custody of

27  such effects when it is essential to do so for medical or

28  safety reasons.  Custody of such personal effects shall be

29  promptly recorded in the client's record, and a receipt for

30  such effects shall be immediately given to the client, if

31  competent, or the client's parent or legal guardian.

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 1         1.  All money belonging to a client held by the agency

 2  department shall be held in compliance with s. 402.17(2).

 3         2.  All interest on money received and held for the

 4  personal use and benefit of a client shall be the property of

 5  that client and shall not accrue to the general welfare of all

 6  clients or be used to defray the cost of residential care.

 7  Interest so accrued shall be used or conserved for the

 8  personal use or benefit of the individual client as provided

 9  in s. 402.17(2).

10         3.  Upon the discharge or death of a client, a final

11  accounting shall be made of all personal effects and money

12  belonging to the client held by the agency department.  All

13  such personal effects and money, including interest, shall be

14  promptly turned over to the client or his or her heirs.

15         (g)  No client shall be subjected to a treatment

16  program to eliminate bizarre or unusual behaviors without

17  first being examined by a physician who in his or her best

18  judgment determines that such behaviors are not organically

19  caused.

20         1.  Treatment programs involving the use of noxious or

21  painful stimuli shall be prohibited.

22         2.  All alleged violations of this paragraph shall be

23  reported immediately to the chief administrative officer of

24  the facility or the district administrator, the agency

25  department head, and the Florida local advocacy council. A

26  thorough investigation of each incident shall be conducted and

27  a written report of the finding and results of such

28  investigation shall be submitted to the chief administrative

29  officer of the facility or the district administrator and to

30  the agency department head within 24 hours of the occurrence

31  or discovery of the incident.

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 1         3.  The agency department shall adopt promulgate by

 2  rule a system for the oversight of behavioral programs.  Such

 3  system shall establish guidelines and procedures governing the

 4  design, approval, implementation, and monitoring of all

 5  behavioral programs involving clients.  The system shall

 6  ensure statewide and local review by committees of

 7  professionals certified as behavior analysts pursuant to s.

 8  393.17.  No behavioral program shall be implemented unless

 9  reviewed according to the rules established by the agency

10  department under this section.  Nothing stated in this section

11  shall prohibit the review of programs by the Florida statewide

12  or local advocacy councils.

13         (i)  Clients shall have the right to be free from

14  unnecessary physical, chemical, or mechanical restraint.

15  Restraints shall be employed only in emergencies or to protect

16  the client from imminent injury to himself or herself or

17  others.  Restraints shall not be employed as punishment, for

18  the convenience of staff, or as a substitute for a

19  habilitative plan.  Restraints shall impose the least possible

20  restrictions consistent with their purpose and shall be

21  removed when the emergency ends.  Restraints shall not cause

22  physical injury to the client and shall be designed to allow

23  the greatest possible comfort.

24         1.  Mechanical supports used in normative situations to

25  achieve proper body position and balance shall not be

26  considered restraints, but shall be prescriptively designed

27  and applied under the supervision of a qualified professional

28  with concern for principles of good body alignment,

29  circulation, and allowance for change of position.

30         2.  Totally enclosed cribs and barred enclosures shall

31  be considered restraints.

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 1         3.  Daily reports on the employment of physical,

 2  chemical, or mechanical restraints by those specialists

 3  authorized in the use of such restraints shall be made to the

 4  appropriate chief administrator of the facility, and a monthly

 5  summary of such reports shall be relayed to the district

 6  administrator and the Florida local advocacy council.  The

 7  reports shall summarize all such cases of restraints, the type

 8  used, the duration of usage, and the reasons therefor.

 9  Districts shall submit districtwide quarterly reports of these

10  summaries to the state Developmental Disabilities Program

11  Office.

12         4.  The agency department shall post a copy of the

13  rules adopted promulgated under this section in each living

14  unit of residential facilities.  A copy of the rules adopted

15  promulgated under this section shall be given to all staff

16  members of licensed facilities and made a part of all

17  preservice and inservice training programs.

18         (j)1.  Each client shall have a central record.  The

19  record shall include data pertaining to admission and such

20  other information as may be required under rules of the agency

21  department.

22         2.  Unless waived by the client, if competent, or the

23  client's parent or legal guardian if the client is

24  incompetent, the client's central record shall be confidential

25  and exempt from the provisions of s. 119.07(1), and no part of

26  it shall be released except:

27         a.  The record may be released to physicians,

28  attorneys, and government agencies having need of the record

29  to aid the client, as designated by the client, if competent,

30  or the client's parent or legal guardian, if the client is

31  incompetent.

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 1         b.  The record shall be produced in response to a

 2  subpoena or released to persons authorized by order of court,

 3  excluding matters privileged by other provisions of law.

 4         c.  The record or any part thereof may be disclosed to

 5  a qualified researcher, a staff member of the facility, or an

 6  employee of the agency department when the administrator of

 7  the facility or the director secretary of the agency

 8  department deems it necessary for the treatment of the client,

 9  maintenance of adequate records, compilation of treatment

10  data, or evaluation of programs.

11         d.  Information from the records may be used for

12  statistical and research purposes if the information is

13  abstracted in such a way to protect the identity of

14  individuals.

15         3.  All central records for each client in residential

16  facilities shall be kept on uniform forms distributed by the

17  agency department.  The central record shall accurately

18  summarize each client's history and present condition.

19         4.  The client, if competent, or the client's parent or

20  legal guardian if the client is incompetent, shall be supplied

21  with a copy of the client's central record upon request.

22         (6)  NOTICE OF RIGHTS.--Each person with developmental

23  disabilities, if competent, or parent or legal guardian of

24  such person if the person is incompetent, shall promptly

25  receive from the agency Department of Children and Family

26  Services or the Department of Education a written copy of this

27  act. Each person with developmental disabilities able to

28  comprehend shall be promptly informed, in the language or

29  other mode of communication which such person understands, of

30  the above legal rights of persons with developmental

31  disabilities.

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 1         Section 12.  Section 393.17, Florida Statutes, is

 2  amended to read:

 3         393.17  Behavioral programs; certification of behavior

 4  analysts; fees.--The agency may recognize the certification of

 5  behavior analysts awarded by a nonprofit corporation whose

 6  mission is to meet professional credentialing needs identified

 7  by behavior analysts, state governments, and consumers of

 8  behavior analysis services and whose work has the support of

 9  the Association for Behavior Analysis International. The

10  department shall by rule implement a certification program to

11  ensure that qualified persons oversee the design and

12  implementation of behavioral programs for persons who are

13  developmentally disabled. Certification and recertification

14  minimum standards must comply with departmental rules and must

15  include, for initial certification, examination of

16  competencies in applying behavior analysis with persons who

17  are developmentally disabled within established competency

18  clusters.  These competency clusters shall include, but not be

19  limited to, behavioral assessments, observation and recording,

20  behavioral program development and monitoring, and other areas

21  as determined by professional practitioners of behavior

22  analysis. Fees shall be charged for certification not to

23  exceed the cost of development and administration of the

24  examination and periodic renewal of certification. The

25  department shall establish by rule the procedures for

26  certification and certification renewal.

27         Section 13.  Section 393.22, Florida Statutes, is

28  amended to read:

29         393.22  Transfer of appropriations; barriers to

30  services; Financial commitment to community services

31  programs.--

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 1         (1)  No funds appropriated for developmental services

 2  programs shall be transferred pursuant to s. 216.292, unless

 3  there is a finding by the secretary that treatment programs

 4  for developmental disabilities will not be adversely affected

 5  by the transfer.

 6         (2)  Development of programs for other disabilities

 7  shall not effectuate a reduction or dilution of the ongoing

 8  financial commitment of the state through appropriations for

 9  programs and services for persons with mental retardation,

10  cerebral palsy, autism, or spina bifida.

11         (3)  In order to The Department of Children and Family

12  Services and the Agency for Health Care Administration jointly

13  shall ensure that whenever a number of persons move from an

14  institution serving persons with developmental disabilities

15  which is sufficient to allow an entire residential unit within

16  that institution to be closed, no less than 80 percent of the

17  direct costs of providing services to persons who had resided

18  in that unit shall be reallocated for community services.

19         Section 14.  Section 393.502, Florida Statutes, is

20  amended to read:

21         393.502  Family care councils.--

22         (1)  CREATION.--There shall be established and located

23  within each service area of the agency district of the

24  department a district family care council.

25         (2)  MEMBERSHIP.--

26         (a)  Each local district family care council shall

27  consist of at least 10 and no more than 15 members recommended

28  by a majority vote of the local district family care council

29  and appointed by the Governor.

30         (b)  At least three of the members of the council must

31  be consumers. One such member shall be a consumer who received

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 1  developmental services within the 4 years prior to the date of

 2  recommendation, or the legal guardian of such a consumer. The

 3  remainder of the council members shall be parents, guardians,

 4  or siblings of persons with developmental disabilities who

 5  qualify for developmental services pursuant to this chapter.

 6         (c)  A person who is currently serving on another board

 7  or council of the agency department may not be appointed to a

 8  local district family care council.

 9         (d)  Employees of the agency department are not

10  eligible to serve on a local district family care council.

11         (e)  Persons related by consanguinity or affinity

12  within the third degree shall not serve on the same local

13  district family care council at the same time.

14         (f)  A chair for the council shall be chosen by the

15  council members to serve for 1 year. A person may serve no

16  more than four 1-year terms as chair.

17         (3)  TERMS; VACANCIES.--

18         (a)  Council members shall be appointed for a 3-year

19  term, except as provided in subsection (8), and may be

20  reappointed to one additional term.

21         (b)  A member who has served two consecutive terms

22  shall not be eligible to serve again until 12 months have

23  elapsed since ending his or her service on the local district

24  council.

25         (c)  Upon expiration of a term or in the case of any

26  other vacancy, the local district council shall, by majority

27  vote, recommend to the Governor for appointment a person for

28  each vacancy. If the Governor does not act on the council's

29  recommendations within 45 days after receiving them, the

30  persons recommended shall be considered to be appointed.

31  

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 1         (4)  COMMITTEE APPOINTMENTS.--The chair of the local

 2  district family care council may appoint persons to serve on

 3  council committees. Such persons may include former members of

 4  the council and persons not eligible to serve on the council.

 5         (5)  TRAINING.--

 6         (a)  The agency department, in consultation with the

 7  local district councils, shall establish a training program

 8  for local district family care council members. Each local

 9  area district shall provide the training program when new

10  persons are appointed to the local district council and at

11  other times as the secretary deems necessary.

12         (b)  The training shall assist the council members to

13  understand the laws, rules, and policies applicable to their

14  duties and responsibilities.

15         (c)  All persons appointed to a local district council

16  must complete this training within 90 days after their

17  appointment. A person who fails to meet this requirement shall

18  be considered to have resigned from the council.

19         (6)  MEETINGS.--Council members shall serve on a

20  voluntary basis without payment for their services but shall

21  be reimbursed for per diem and travel expenses as provided for

22  in s. 112.061.  The council shall meet at least six times per

23  year.

24         (7)  PURPOSE.--The purpose of the local district family

25  care councils shall be to advise the agency department and its

26  district advisory boards, to develop a plan for the delivery

27  of developmental services family support services within the

28  local area district, and to monitor the implementation and

29  effectiveness of services and support provided under the plan.

30  The primary functions of the local district family care

31  councils shall be to:

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 1         (a)  Assist in providing information and outreach to

 2  families.

 3         (b)  Review the effectiveness of service developmental

 4  services programs and make recommendations with respect to

 5  program implementation.

 6         (c)  Advise the agency district developmental services

 7  administrators with respect to policy issues relevant to the

 8  community and family support system in the local area

 9  district.

10         (d)  Meet and share information with other local

11  district family care councils.

12         (8)  NEW COUNCILS.--When a local district family care

13  council is established for the first time in a local area

14  district, the Governor shall appoint the first four council

15  members, who shall serve 3-year terms. These members shall

16  submit to the Governor, within 90 days after their

17  appointment, recommendations for at least six additional

18  members, selected by majority vote. If the Governor does not

19  act on the recommendations within 45 days after receiving

20  them, the persons recommended shall be considered to be

21  appointed. Those members recommended for appointment by the

22  Governor shall serve for 2 years.

23         (9)  FUNDING; FINANCIAL REVIEW.--The local district

24  family care council may apply for, receive, and accept grants,

25  gifts, donations, bequests, and other payments from any public

26  or private entity or person. Each local district council is

27  shall be subject to an annual financial review by district

28  staff assigned by the agency district administrator. Each

29  local district council shall exercise care and prudence in the

30  expenditure of funds. The local district family care councils

31  shall comply with state expenditure requirements.

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 1         Section 15.  Section 408.301, Florida Statutes, is

 2  amended to read:

 3         408.301  Legislative findings.--The Legislature has

 4  found that access to quality, affordable, health care for all

 5  Floridians is an important goal for the state. The Legislature

 6  recognizes that there are Floridians with special health care

 7  and social needs which require particular attention. The

 8  people served by the Department of Children and Family

 9  Services, the Agency for Persons with Disabilities, and the

10  Department of Health, and the Department of Elderly Affairs

11  are examples of citizens with special needs. The Legislature

12  further recognizes that the Medicaid program is an intricate

13  part of the service delivery system for the special needs

14  citizens served by or through the Department of Children and

15  Family Services and the Department of Health. However, the

16  Agency for Health Care Administration is not a service

17  provider and does not develop or direct programs for the

18  special needs citizens served by or through the Department of

19  Children and Family Services and the Department of Health.

20  Therefore, it is the intent of the Legislature that the Agency

21  for Health Care Administration work closely with the

22  Department of Children and Family Services, the Agency for

23  Persons with Disabilities, and the Department of Health, and

24  the Department of Elderly Affairs in developing plans for

25  assuring access to all Floridians in order to assure that the

26  needs of special citizens are met.

27         Section 16.  Section 408.302, Florida Statutes, is

28  amended to read:

29         408.302  Interagency agreement.--

30         (1)  The Agency for Health Care Administration shall

31  enter into an interagency agreement with the Department of

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 1  Children and Family Services, the Agency for Persons with

 2  Disabilities, and the Department of Health, and the Department

 3  of Elderly Affairs to assure coordination and cooperation in

 4  serving special needs citizens. The agreement shall include

 5  the requirement that the secretaries or directors secretary of

 6  the Department of Children and Family Services, the Agency for

 7  Persons with Disabilities, and the secretary of the Department

 8  of Health, and the Department of Elderly Affairs approve,

 9  prior to adoption, any rule developed by the Agency for Health

10  Care Administration where such rule has a direct impact on the

11  mission of the respective state agencies Department of

12  Children and Family Services and the Department of Health,

13  their programs, or their budgets.

14         (2)  For rules which indirectly impact on the mission

15  of the Department of Children and Family Services, the Agency

16  for Persons with Disabilities, and the Department of Health,

17  and the Department of Elderly Affairs, their programs, or

18  their budgets, the concurrence of the respective secretaries

19  or directors secretary of the Department of Children and

20  Family Services and the secretary of the Department of Health

21  on the rule is required.

22         (3)  For all other rules developed by the Agency for

23  Health Care Administration, coordination with the Department

24  of Children and Family Services, the Agency for Persons with

25  Disabilities, and the Department of Health, and the Department

26  of Elderly Affairs is encouraged.

27         (4)  The interagency agreement shall also include any

28  other provisions necessary to ensure a continued cooperative

29  working relationship between the Agency for Health Care

30  Administration and the Department of Children and Family

31  Services, the Agency for Persons with Disabilities, and the

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 1  Department of Health, and the Department of Elderly Affairs as

 2  each strives to meet the needs of the citizens of Florida.

 3         Section 17.  Subsection (13) of section 409.906,

 4  Florida Statutes, is amended to read:

 5         409.906  Optional Medicaid services.--Subject to

 6  specific appropriations, the agency may make payments for

 7  services which are optional to the state under Title XIX of

 8  the Social Security Act and are furnished by Medicaid

 9  providers to recipients who are determined to be eligible on

10  the dates on which the services were provided.  Any optional

11  service that is provided shall be provided only when medically

12  necessary and in accordance with state and federal law.

13  Optional services rendered by providers in mobile units to

14  Medicaid recipients may be restricted or prohibited by the

15  agency. Nothing in this section shall be construed to prevent

16  or limit the agency from adjusting fees, reimbursement rates,

17  lengths of stay, number of visits, or number of services, or

18  making any other adjustments necessary to comply with the

19  availability of moneys and any limitations or directions

20  provided for in the General Appropriations Act or chapter 216.

21  If necessary to safeguard the state's systems of providing

22  services to elderly and disabled persons and subject to the

23  notice and review provisions of s. 216.177, the Governor may

24  direct the Agency for Health Care Administration to amend the

25  Medicaid state plan to delete the optional Medicaid service

26  known as "Intermediate Care Facilities for the Developmentally

27  Disabled."  Optional services may include:

28         (13)  HOME AND COMMUNITY-BASED SERVICES.--The agency

29  may pay for home-based or community-based services that are

30  rendered to a recipient in accordance with a federally

31  approved waiver program. The agency may limit or eliminate

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 1  coverage for certain Project AIDS Care Waiver services,

 2  preauthorize high-cost or highly utilized services, or make

 3  any other adjustments necessary to comply with any limitations

 4  or directions provided for in the General Appropriations Act.

 5         Section 18.  Sections 393.14, 393.165, 393.166, and

 6  393.505, Florida Statutes, are repealed.

 7         Section 19.  (1)  Effective October 1, 2004, the

 8  developmental disabilities program and the developmental

 9  services institutions in the Department of Children and Family

10  Services shall be transferred to the Agency for Persons with

11  Disabilities by a type two transfer pursuant to section 20.06,

12  Florida Statutes. Prior to that date:

13         (a)  The Agency for Persons with Disabilities and the

14  Department of Children and Family Services, in consultation

15  with the Department of Management Services, shall determine

16  the number of positions and resources within the department

17  dedicated to the developmental disabilities program which

18  shall be transferred to the agency and will develop an

19  agreement that delineates who within the department will

20  provide administrative support to the agency.

21         (b)  The Director of the Agency for Persons with

22  Disabilities, in consultation with the Secretaries of the

23  Department of Children and Family Services and the Agency for

24  Health Care Administration or their designees, shall prepare a

25  transition plan that must address, at a minimum, building

26  leases, information support systems, cash ownership and

27  transfer, administrative support functions, inventory and

28  transfers of equipment and structures, expenditure transfers,

29  budget authority and positions, and certifications forward.

30  This plan shall be submitted by September 1, 2004, to the

31  

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 1  Executive Office of the Governor, the President of the Senate,

 2  and the Speaker of the House of Representatives.

 3         (c)  The Agency for Persons with Disabilities and the

 4  Department of Children and Family Services shall work with the

 5  Agency for Health Care Administration to develop a plan that

 6  ensures that all of the necessary electronic and paper-based

 7  data of the Developmental Disabilities program is accessible

 8  to the Medicaid program and that all electronic records will

 9  be migrated to a new data system that is compatible with the

10  Florida Medicaid Management Information System.

11         (d)  The Agency for Persons with Disabilities and the

12  Agency for Health Care Administration shall develop a plan for

13  the orderly relocation of the noncentral-office staff of the

14  Agency for Persons with Disabilities to the area offices of

15  the Agency for Health Care Administration. Such plan shall

16  include a schedule that takes into consideration the

17  availability of space, the expiration of current leases, and

18  the initiation of new leases that can accommodate the

19  relocated staff, as well as appropriate reimbursement for

20  collocation costs, including office space and other operating

21  expenses.

22         (2)  Effective October 1, 2004, the agency shall enter

23  into an interagency agreement with the Department of Children

24  and Family Services for the provision of the necessary

25  day-to-day administrative and operational needs of the agency,

26  including, but not limited to, personnel, purchasing,

27  information technology support, legal support, and other

28  related services. This interagency agreement shall continue

29  until the agency no longer requires the provision of services

30  through such agreement.

31  

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 1         (3)  This act does not affect the validity of any

 2  judicial or administrative proceeding pending on October 30,

 3  2004, and the Agency for Persons with Disabilities is

 4  substituted as a real party in interest with respect to any

 5  proceeding pending on that date which involves the

 6  developmental services programs of the Department of Children

 7  and Family Services.

 8         Section 20.  The Office of Program Policy Analysis and

 9  Government Accountability shall identify and evaluate

10  statewide entities receiving state funding for the purpose of

11  addressing the interests of, but not directly providing

12  services for, persons with disabilities.

13         (1)  The purpose of the analysis shall be to provide

14  information with respect to:

15         (a)  The extent to which activities of these entities

16  are coordinated;

17         (b)  The similarities and differences in the

18  organizational missions of these entities; and

19         (c)  The amount of state funds provided to these

20  entities for the purpose of addressing the interests of

21  persons with disabilities, the uses of these funds, and

22  whether they duplicate the efforts of other private or

23  federally funded entities.

24         (2)  The report shall be completed and provided to the

25  Governor and Legislature by December 2005.

26         Section 21.  Subsection (1) of section 92.53, Florida

27  Statutes, is amended to read:

28         92.53  Videotaping of testimony of victim or witness

29  under age 16 or person with mental retardation.--

30         (1)  On motion and hearing in camera and a finding that

31  there is a substantial likelihood that a victim or witness who

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 1  is under the age of 16 or who is a person with mental

 2  retardation as defined in s. 393.063 s. 393.063(42) would

 3  suffer at least moderate emotional or mental harm due to the

 4  presence of the defendant if the child or person with mental

 5  retardation is required to testify in open court, or that such

 6  victim or witness is otherwise unavailable as defined in s.

 7  90.804(1), the trial court may order the videotaping of the

 8  testimony of the victim or witness in a case, whether civil or

 9  criminal in nature, in which videotaped testimony is to be

10  utilized at trial in lieu of trial testimony in open court.

11         Section 22.  Subsections (1), (2), and (3), paragraph

12  (i) of subsection (4), and subsections (5), (8), (9), (10),

13  (11), (12), (13), (14), and (17) of 393.067, Florida Statutes,

14  are amended to read:

15         393.067  Licensure of residential facilities and

16  comprehensive transitional education programs.--

17         (1)  The agency department shall provide through its

18  licensing authority a system of provider qualifications,

19  standards, training criteria for meeting standards, and

20  monitoring for residential facilities and comprehensive

21  transitional education programs.

22         (2)  The agency department shall conduct inspections

23  and reviews of residential facilities and comprehensive

24  transitional education programs annually.

25         (3)  An application for a license for a residential

26  facility or a comprehensive transitional education program

27  shall be made to the agency Department of Children and Family

28  Services on a form furnished by it and shall be accompanied by

29  the appropriate license fee.

30         (4)  The application shall be under oath and shall

31  contain the following:

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 1         (i)  Such other information as the agency department

 2  determines is necessary to carry out the provisions of this

 3  chapter.

 4         (5)  The applicant shall submit evidence which

 5  establishes the good moral character of the manager or

 6  supervisor of the facility or program and the direct service

 7  providers in the facility or program and its component centers

 8  or units. A license may be issued if all the screening

 9  materials have been timely submitted; however, a license may

10  not be issued or renewed if any of the direct service

11  providers have failed the screening required by s. 393.0655.

12         (a)1.  A licensed residential facility or comprehensive

13  transitional education program which applies for renewal of

14  its license shall submit to the agency department a list of

15  direct service providers who have worked on a continuous basis

16  at the applicant facility or program since submitting

17  fingerprints to the agency or the Department of Children and

18  Family Services, identifying those direct service providers

19  for whom a written assurance of compliance was provided by the

20  agency or department and identifying those direct service

21  providers who have recently begun working at the facility or

22  program and are awaiting the results of the required

23  fingerprint check along with the date of the submission of

24  those fingerprints for processing. The agency department shall

25  by rule determine the frequency of requests to the Department

26  of Law Enforcement to run state criminal records checks for

27  such direct service providers except for those direct service

28  providers awaiting the results of initial fingerprint checks

29  for employment at the applicant facility or program. The

30  agency department shall review the records of the direct

31  service providers at the applicant facility or program with

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 1  respect to the crimes specified in s. 393.0655 and shall

 2  notify the facility or program of its findings. When

 3  disposition information is missing on a criminal record, it is

 4  shall be the responsibility of the person being screened, upon

 5  request of the agency department, to obtain and supply within

 6  30 days the missing disposition information to the agency

 7  department. Failure to supply the missing information within

 8  30 days or to show reasonable efforts to obtain such

 9  information shall result in automatic disqualification.

10         2.  The applicant shall sign an affidavit under penalty

11  of perjury stating that all new direct service providers have

12  been fingerprinted and that the facility's or program's

13  remaining direct service providers have worked at the

14  applicant facility or program on a continuous basis since

15  being initially screened at that facility or program or have a

16  written assurance of compliance from the agency or department.

17         (b)  As a prerequisite for issuance of the initial

18  license to a residential facility or comprehensive

19  transitional education program:

20         1.  The applicant shall submit to the agency department

21  a complete set of fingerprints, taken by an authorized law

22  enforcement agency or an employee of the agency department who

23  is trained to take fingerprints, for the manager, supervisor,

24  or direct service providers of the facility or program;

25         2.  The agency department shall submit the fingerprints

26  to the Department of Law Enforcement for state processing and

27  for federal processing by the Federal Bureau of Investigation;

28  and

29         3.  The agency department shall review the record of

30  the manager or supervisor with respect to the crimes specified

31  in s. 393.0655(1) and shall notify the applicant of its

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 1  findings. When disposition information is missing on a

 2  criminal record, it is shall be the responsibility of the

 3  manager or supervisor, upon request of the agency department,

 4  to obtain and supply within 30 days the missing disposition

 5  information to the agency department. Failure to supply the

 6  missing information within 30 days or to show reasonable

 7  efforts to obtain such information shall result in automatic

 8  disqualification.

 9         (c)  The agency department or a residential facility or

10  comprehensive transitional education program may not use the

11  criminal records or juvenile records of a person obtained

12  under this subsection for any purpose other than determining

13  if that person meets the minimum standards for good moral

14  character for a manager or supervisor of, or direct service

15  provider in, such a facility or program. The criminal records

16  or juvenile records obtained by the agency department or a

17  residential facility or comprehensive transitional education

18  program for determining the moral character of a manager,

19  supervisor, or direct service provider are exempt from s.

20  119.07(1).

21         (8)  The agency department shall adopt promulgate rules

22  establishing minimum standards for licensure of residential

23  facilities and comprehensive transitional education programs,

24  including rules requiring facilities and programs to train

25  staff to detect and prevent sexual abuse of residents and

26  clients, minimum standards of quality and adequacy of care,

27  and uniform firesafety standards established by the State Fire

28  Marshal which are appropriate to the size of the facility or

29  of the component centers or units of the program.

30         (9)  The agency department and the Agency for Health

31  Care Administration, after consultation with the Department of

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 1  Community Affairs, shall adopt rules for residential

 2  facilities under the respective regulatory jurisdiction of

 3  each establishing minimum standards for the preparation and

 4  annual update of a comprehensive emergency management plan. At

 5  a minimum, the rules must provide for plan components that

 6  address emergency evacuation transportation; adequate

 7  sheltering arrangements; postdisaster activities, including

 8  emergency power, food, and water; postdisaster transportation;

 9  supplies; staffing; emergency equipment; individual

10  identification of residents and transfer of records; and

11  responding to family inquiries. The comprehensive emergency

12  management plan for all comprehensive transitional education

13  programs and for homes serving individuals who have complex

14  medical conditions is subject to review and approval by the

15  local emergency management agency. During its review, the

16  local emergency management agency shall ensure that the

17  following agencies, at a minimum, are given the opportunity to

18  review the plan: the Agency for Health Care Administration,

19  the Agency for Persons with Disabilities Department of

20  Children and Family Services, and the Department of Community

21  Affairs. Also, appropriate volunteer organizations must be

22  given the opportunity to review the plan.  The local emergency

23  management agency shall complete its review within 60 days and

24  either approve the plan or advise the facility of necessary

25  revisions.

26         (10)  The agency department may conduct unannounced

27  inspections to determine compliance by residential facilities

28  and comprehensive transitional education programs with the

29  applicable provisions of this chapter and the rules adopted

30  pursuant hereto, including the rules adopted for training

31  staff of a facility or a program to detect and prevent sexual

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 1  abuse of residents and clients. The facility or program shall

 2  make copies of inspection reports available to the public upon

 3  request.

 4         (11)  An alternative living center and an independent

 5  living education center, as defined in s. 393.063 s.

 6  393.063(8), shall be subject to the provisions of s. 419.001,

 7  except that such centers shall be exempt from the

 8  1,000-foot-radius requirement of s. 419.001(2) if:

 9         (a)  Such centers are located on a site zoned in a

10  manner so that all the component centers of a comprehensive

11  transition education center may be located thereon; or

12         (b)  There are no more than three such centers within

13  said radius of 1,000 feet.

14         (12)  Each residential facility or comprehensive

15  transitional education program licensed by the agency

16  department shall forward annually to the agency department a

17  true and accurate sworn statement of its costs of providing

18  care to clients funded by the agency department.

19         (13)  The agency department may audit the records of

20  any residential facility or comprehensive transitional

21  education program that which it has reason to believe may not

22  be in full compliance with the provisions of this section;

23  provided that, any financial audit of such facility or program

24  shall be limited to the records of clients funded by the

25  agency department.

26         (14)  The agency department shall establish, for the

27  purpose of control of licensure costs, a uniform management

28  information system and a uniform reporting system with uniform

29  definitions and reporting categories.

30         (17)  The agency department shall not be required to

31  contract with new facilities licensed after October 1, 1989,

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 1  pursuant to this chapter. Pursuant to chapter 287, the agency

 2  department shall continue to contract within available

 3  resources for residential services with facilities licensed

 4  prior to October 1, 1989, if such facilities comply with the

 5  provisions of this chapter and all other applicable laws and

 6  regulations.

 7         Section 23.  Subsection (9) of section 397.405, Florida

 8  Statutes, is amended to read:

 9         397.405  Exemptions from licensure.--The following are

10  exempt from the licensing provisions of this chapter:

11         (9)  Facilities licensed under s. 393.063 s. 393.063(8)

12  that, in addition to providing services to persons who are

13  developmentally disabled as defined therein, also provide

14  services to persons developmentally at risk as a consequence

15  of exposure to alcohol or other legal or illegal drugs while

16  in utero.

17  

18  The exemptions from licensure in this section do not apply to

19  any service provider that receives an appropriation, grant, or

20  contract from the state to operate as a service provider as

21  defined in this chapter or to any substance abuse program

22  regulated pursuant to s. 397.406.  Furthermore, this chapter

23  may not be construed to limit the practice of a physician

24  licensed under chapter 458 or chapter 459, a psychologist

25  licensed under chapter 490, or a psychotherapist licensed

26  under chapter 491 who provides substance abuse treatment, so

27  long as the physician, psychologist, or psychotherapist does

28  not represent to the public that he or she is a licensed

29  service provider and does not provide services to clients

30  pursuant to part V of this chapter. Failure to comply with any

31  requirement necessary to maintain an exempt status under this

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 1  section is a misdemeanor of the first degree, punishable as

 2  provided in s. 775.082 or s. 775.083.

 3         Section 24.  Paragraph (b) of subsection (5) of section

 4  400.464, Florida Statutes, is amended to read:

 5         400.464  Home health agencies to be licensed;

 6  expiration of license; exemptions; unlawful acts; penalties.--

 7         (5)  The following are exempt from the licensure

 8  requirements of this part:

 9         (b)  Home health services provided by a state agency,

10  either directly or through a contractor with:

11         1.  The Department of Elderly Affairs.

12         2.  The Department of Health, a community health

13  center, or a rural health network that furnishes home visits

14  for the purpose of providing environmental assessments, case

15  management, health education, personal care services, family

16  planning, or followup treatment, or for the purpose of

17  monitoring and tracking disease.

18         3.  Services provided to persons who have developmental

19  disabilities, as defined in s. 393.063 s. 393.063(12).

20         4.  Companion and sitter organizations that were

21  registered under s. 400.509(1) on January 1, 1999, and were

22  authorized to provide personal services under s. 393.063(33)

23  under a developmental services provider certificate on January

24  1, 1999, may continue to provide such services to past,

25  present, and future clients of the organization who need such

26  services, notwithstanding the provisions of this act.

27         5.  The Department of Children and Family Services.

28         Section 25.  Paragraph (d) of subsection (1) of section

29  419.001, Florida Statutes, is amended to read:

30         419.001  Site selection of community residential

31  homes.--

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 1         (1)  For the purposes of this section, the following

 2  definitions shall apply:

 3         (d)  "Resident" means any of the following:  a frail

 4  elder as defined in s. 400.618; a physically disabled or

 5  handicapped person as defined in s. 760.22(7)(a); a

 6  developmentally disabled person as defined in s. 393.063 s.

 7  393.063(12); a nondangerous mentally ill person as defined in

 8  s. 394.455(18); or a child as defined in s. 39.01(14), s.

 9  984.03(9) or (12), or s. 985.03(8).

10         Section 26.  Section 914.16, Florida Statutes, is

11  amended to read:

12         914.16  Child abuse and sexual abuse of victims under

13  age 16 or persons with mental retardation; limits on

14  interviews.--The chief judge of each judicial circuit, after

15  consultation with the state attorney and the public defender

16  for the judicial circuit, the appropriate chief law

17  enforcement officer, and any other person deemed appropriate

18  by the chief judge, shall provide by order reasonable limits

19  on the number of interviews that a victim of a violation of s.

20  794.011, s. 800.04, or s. 827.03 who is under 16 years of age

21  or a victim of a violation of s. 794.011, s. 800.02, s.

22  800.03, or s. 825.102 who is a person with mental retardation

23  as defined in s. 393.063 s. 393.063(42) must submit to for law

24  enforcement or discovery purposes. The order shall, to the

25  extent possible, protect the victim from the psychological

26  damage of repeated interrogations while preserving the rights

27  of the public, the victim, and the person charged with the

28  violation.

29         Section 27.  Subsection (2) of section 914.17, Florida

30  Statutes, is amended to read:

31  

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 1         914.17  Appointment of advocate for victims or

 2  witnesses who are minors or persons with mental retardation.--

 3         (2)  An advocate shall be appointed by the court to

 4  represent a person with mental retardation as defined in s.

 5  393.063 s. 393.063(42) in any criminal proceeding if the

 6  person with mental retardation is a victim of or witness to

 7  abuse or neglect, or if the person with mental retardation is

 8  a victim of a sexual offense or a witness to a sexual offense

 9  committed against a minor or person with mental retardation.

10  The court may appoint an advocate in any other criminal

11  proceeding in which a person with mental retardation is

12  involved as either a victim or a witness. The advocate shall

13  have full access to all evidence and reports introduced during

14  the proceedings, may interview witnesses, may make

15  recommendations to the court, shall be noticed and have the

16  right to appear on behalf of the person with mental

17  retardation at all proceedings, and may request additional

18  examinations by medical doctors, psychiatrists, or

19  psychologists. It is the duty of the advocate to perform the

20  following services:

21         (a)  To explain, in language understandable to the

22  person with mental retardation, all legal proceedings in which

23  the person shall be involved;

24         (b)  To act, as a friend of the court, to advise the

25  judge, whenever appropriate, of the person with mental

26  retardation's ability to understand and cooperate with any

27  court proceedings; and

28         (c)  To assist the person with mental retardation and

29  the person's family in coping with the emotional effects of

30  the crime and subsequent criminal proceedings in which the

31  person with mental retardation is involved.

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 1         Section 28.  Subsection (1) of section 918.16, Florida

 2  Statutes, is amended to read:

 3         918.16  Sex offenses; testimony of person under age 16

 4  or person with mental retardation; testimony of victim;

 5  courtroom cleared; exceptions.--

 6         (1)  Except as provided in subsection (2), in the trial

 7  of any case, civil or criminal, when any person under the age

 8  of 16 or any person with mental retardation as defined in s.

 9  393.063 s. 393.063(42) is testifying concerning any sex

10  offense, the court shall clear the courtroom of all persons

11  except parties to the cause and their immediate families or

12  guardians, attorneys and their secretaries, officers of the

13  court, jurors, newspaper reporters or broadcasters, court

14  reporters, and, at the request of the victim, victim or

15  witness advocates designated by the state attorney's office.

16         Section 29.  Paragraph (a) of subsection (4) of section

17  943.0585, Florida Statutes, is amended to read:

18         943.0585  Court-ordered expunction of criminal history

19  records.--The courts of this state have jurisdiction over

20  their own procedures, including the maintenance, expunction,

21  and correction of judicial records containing criminal history

22  information to the extent such procedures are not inconsistent

23  with the conditions, responsibilities, and duties established

24  by this section. Any court of competent jurisdiction may order

25  a criminal justice agency to expunge the criminal history

26  record of a minor or an adult who complies with the

27  requirements of this section. The court shall not order a

28  criminal justice agency to expunge a criminal history record

29  until the person seeking to expunge a criminal history record

30  has applied for and received a certificate of eligibility for

31  expunction pursuant to subsection (2). A criminal history

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 1  record that relates to a violation of s. 787.025, chapter 794,

 2  s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,

 3  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.

 4  893.135, or a violation enumerated in s. 907.041 may not be

 5  expunged, without regard to whether adjudication was withheld,

 6  if the defendant was found guilty of or pled guilty or nolo

 7  contendere to the offense, or if the defendant, as a minor,

 8  was found to have committed, or pled guilty or nolo contendere

 9  to committing, the offense as a delinquent act. The court may

10  only order expunction of a criminal history record pertaining

11  to one arrest or one incident of alleged criminal activity,

12  except as provided in this section. The court may, at its sole

13  discretion, order the expunction of a criminal history record

14  pertaining to more than one arrest if the additional arrests

15  directly relate to the original arrest. If the court intends

16  to order the expunction of records pertaining to such

17  additional arrests, such intent must be specified in the

18  order. A criminal justice agency may not expunge any record

19  pertaining to such additional arrests if the order to expunge

20  does not articulate the intention of the court to expunge a

21  record pertaining to more than one arrest. This section does

22  not prevent the court from ordering the expunction of only a

23  portion of a criminal history record pertaining to one arrest

24  or one incident of alleged criminal activity. Notwithstanding

25  any law to the contrary, a criminal justice agency may comply

26  with laws, court orders, and official requests of other

27  jurisdictions relating to expunction, correction, or

28  confidential handling of criminal history records or

29  information derived therefrom. This section does not confer

30  any right to the expunction of any criminal history record,

31  

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 1  and any request for expunction of a criminal history record

 2  may be denied at the sole discretion of the court.

 3         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

 4  criminal history record of a minor or an adult which is

 5  ordered expunged by a court of competent jurisdiction pursuant

 6  to this section must be physically destroyed or obliterated by

 7  any criminal justice agency having custody of such record;

 8  except that any criminal history record in the custody of the

 9  department must be retained in all cases. A criminal history

10  record ordered expunged that is retained by the department is

11  confidential and exempt from the provisions of s. 119.07(1)

12  and s. 24(a), Art. I of the State Constitution and not

13  available to any person or entity except upon order of a court

14  of competent jurisdiction. A criminal justice agency may

15  retain a notation indicating compliance with an order to

16  expunge.

17         (a)  The person who is the subject of a criminal

18  history record that is expunged under this section or under

19  other provisions of law, including former s. 893.14, former s.

20  901.33, and former s. 943.058, may lawfully deny or fail to

21  acknowledge the arrests covered by the expunged record, except

22  when the subject of the record:

23         1.  Is a candidate for employment with a criminal

24  justice agency;

25         2.  Is a defendant in a criminal prosecution;

26         3.  Concurrently or subsequently petitions for relief

27  under this section or s. 943.059;

28         4.  Is a candidate for admission to The Florida Bar;

29         5.  Is seeking to be employed or licensed by or to

30  contract with the Department of Children and Family Services

31  or the Department of Juvenile Justice or to be employed or

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 1  used by such contractor or licensee in a sensitive position

 2  having direct contact with children, the developmentally

 3  disabled, the aged, or the elderly as provided in s.

 4  110.1127(3), s. 393.063 s. 393.063(15), s. 394.4572(1), s.

 5  397.451, s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s.

 6  415.102(4), s. 985.407, or chapter 400; or

 7         6.  Is seeking to be employed or licensed by the Office

 8  of Teacher Education, Certification, Staff Development, and

 9  Professional Practices of the Department of Education, any

10  district school board, or any local governmental entity that

11  licenses child care facilities.

12         Section 30.  Paragraph (a) of subsection (4) of section

13  943.059, Florida Statutes, is amended to read:

14         943.059  Court-ordered sealing of criminal history

15  records.--The courts of this state shall continue to have

16  jurisdiction over their own procedures, including the

17  maintenance, sealing, and correction of judicial records

18  containing criminal history information to the extent such

19  procedures are not inconsistent with the conditions,

20  responsibilities, and duties established by this section. Any

21  court of competent jurisdiction may order a criminal justice

22  agency to seal the criminal history record of a minor or an

23  adult who complies with the requirements of this section. The

24  court shall not order a criminal justice agency to seal a

25  criminal history record until the person seeking to seal a

26  criminal history record has applied for and received a

27  certificate of eligibility for sealing pursuant to subsection

28  (2). A criminal history record that relates to a violation of

29  s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.

30  825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,

31  s. 847.0145, s. 893.135, or a violation enumerated in s.

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 1  907.041 may not be sealed, without regard to whether

 2  adjudication was withheld, if the defendant was found guilty

 3  of or pled guilty or nolo contendere to the offense, or if the

 4  defendant, as a minor, was found to have committed or pled

 5  guilty or nolo contendere to committing the offense as a

 6  delinquent act. The court may only order sealing of a criminal

 7  history record pertaining to one arrest or one incident of

 8  alleged criminal activity, except as provided in this section.

 9  The court may, at its sole discretion, order the sealing of a

10  criminal history record pertaining to more than one arrest if

11  the additional arrests directly relate to the original arrest.

12  If the court intends to order the sealing of records

13  pertaining to such additional arrests, such intent must be

14  specified in the order. A criminal justice agency may not seal

15  any record pertaining to such additional arrests if the order

16  to seal does not articulate the intention of the court to seal

17  records pertaining to more than one arrest. This section does

18  not prevent the court from ordering the sealing of only a

19  portion of a criminal history record pertaining to one arrest

20  or one incident of alleged criminal activity. Notwithstanding

21  any law to the contrary, a criminal justice agency may comply

22  with laws, court orders, and official requests of other

23  jurisdictions relating to sealing, correction, or confidential

24  handling of criminal history records or information derived

25  therefrom. This section does not confer any right to the

26  sealing of any criminal history record, and any request for

27  sealing a criminal history record may be denied at the sole

28  discretion of the court.

29         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

30  criminal history record of a minor or an adult which is

31  ordered sealed by a court of competent jurisdiction pursuant

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 1  to this section is confidential and exempt from the provisions

 2  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

 3  and is available only to the person who is the subject of the

 4  record, to the subject's attorney, to criminal justice

 5  agencies for their respective criminal justice purposes, or to

 6  those entities set forth in subparagraphs (a)1., 4., 5., and

 7  6. for their respective licensing and employment purposes.

 8         (a)  The subject of a criminal history record sealed

 9  under this section or under other provisions of law, including

10  former s. 893.14, former s. 901.33, and former s. 943.058, may

11  lawfully deny or fail to acknowledge the arrests covered by

12  the sealed record, except when the subject of the record:

13         1.  Is a candidate for employment with a criminal

14  justice agency;

15         2.  Is a defendant in a criminal prosecution;

16         3.  Concurrently or subsequently petitions for relief

17  under this section or s. 943.0585;

18         4.  Is a candidate for admission to The Florida Bar;

19         5.  Is seeking to be employed or licensed by or to

20  contract with the Department of Children and Family Services

21  or the Department of Juvenile Justice or to be employed or

22  used by such contractor or licensee in a sensitive position

23  having direct contact with children, the developmentally

24  disabled, the aged, or the elderly as provided in s.

25  110.1127(3), s. 393.063 s. 393.063(15), s. 394.4572(1), s.

26  397.451, s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s.

27  415.102(4), s. 415.103, s. 985.407, or chapter 400; or

28         6.  Is seeking to be employed or licensed by the Office

29  of Teacher Education, Certification, Staff Development, and

30  Professional Practices of the Department of Education, any

31  

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 1  district school board, or any local governmental entity which

 2  licenses child care facilities.

 3         Section 31.  Subsections (3) and (4) of section

 4  393.0641, Florida Statutes, are amended to read:

 5         393.0641  Program for the prevention and treatment of

 6  severe self-injurious behavior.--

 7         (3)  The agency department may contract for the

 8  provision of any portion or all of the services required by

 9  the program.

10         (4)  The agency has department shall have the authority

11  to license this program and shall adopt promulgate rules to

12  implement the program.

13         Section 32.  Section 393.065, Florida Statutes, is

14  amended to read:

15         393.065  Application and eligibility determination.--

16         (1)  Application for services shall be made in writing

17  to the agency Department of Children and Family Services, in

18  the district in which the applicant resides. Employees of the

19  agency's department's developmental services program shall

20  review each applicant for eligibility within 45 days after the

21  date the application is signed for children under 6 years of

22  age and within 60 days after the date the application is

23  signed for all other applicants. When necessary to

24  definitively identify individual conditions or needs, the

25  agency department shall provide a comprehensive assessment.

26  Only individuals whose domicile is in Florida are shall be

27  eligible for services. Information accumulated by other

28  agencies, including professional reports and collateral data,

29  shall be considered in this process when available.

30         (2)  In order to provide immediate services or crisis

31  intervention to applicants, the agency department shall

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 1  arrange for emergency eligibility determination, with a full

 2  eligibility review to be accomplished within 45 days of the

 3  emergency eligibility determination.

 4         (3)  The agency department shall notify each applicant,

 5  in writing, of its eligibility decision. Any applicant

 6  determined by the agency department to be ineligible for

 7  developmental services has shall have the right to appeal this

 8  decision pursuant to ss. 120.569 and 120.57.

 9         (4)  The agency department shall assess the level of

10  need and medical necessity for prospective residents of

11  intermediate-care facilities for the developmentally disabled

12  after October 1, 1999. The agency department may enter into an

13  agreement with the Department of Elderly Affairs for its

14  Comprehensive Assessment and Review for Long-Term-Care

15  Services (CARES) program to conduct assessments to determine

16  the level of need and medical necessity for long-term-care

17  services under this chapter. To the extent permissible under

18  federal law, the assessments must be funded under Title XIX of

19  the Social Security Act.

20         Section 33.  Section 393.0651, Florida Statutes, is

21  amended to read:

22         393.0651  Family or individual support plan.--The

23  agency department shall provide for an appropriate family

24  support plan for children ages birth to 18 years of age and an

25  individual support plan for each client. The parent or

26  guardian of the client or, if competent, the client, or, when

27  appropriate, the client advocate, shall be consulted in the

28  development of the plan and shall receive a copy of the plan.

29  Each plan shall include the most appropriate, least

30  restrictive, and most cost-beneficial environment for

31  accomplishment of the objectives for client progress and a

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 1  specification of all services authorized. The plan shall

 2  include provisions for the most appropriate level of care for

 3  the client. Within the specification of needs and services for

 4  each client, when residential care is necessary, the agency

 5  department shall move toward placement of clients in

 6  residential facilities based within the client's community.

 7  The ultimate goal of each plan, whenever possible, shall be to

 8  enable the client to live a dignified life in the least

 9  restrictive setting, be that in the home or in the community.

10  For children under 6 years of age, the family support plan

11  shall be developed within the 45-day application period as

12  specified in s. 393.065(1); for all applicants 6 years of age

13  or older, the family or individual support plan shall be

14  developed within the 60-day period as specified in that

15  subsection.

16         (1)  The agency department shall develop and specify by

17  rule the core components of support plans to be used by each

18  district.

19         (2)(a)  The family or individual support plan shall be

20  integrated with the individual education plan (IEP) for all

21  clients who are public school students entitled to a free

22  appropriate public education under the Individuals with

23  Disabilities Education Act, I.D.E.A., as amended. The family

24  or individual support plan and IEP shall be implemented to

25  maximize the attainment of educational and habilitation goals.

26  If the IEP for a student enrolled in a public school program

27  indicates placement in a public or private residential program

28  is necessary to provide special education and related services

29  to a client, the local education agency shall provide for the

30  costs of that service in accordance with the requirements of

31  the Individuals with Disabilities Education Act, I.D.E.A., as

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 1  amended. This shall not preclude local education agencies and

 2  the agency department from sharing the residential service

 3  costs of students who are clients and require residential

 4  placement. Under no circumstances shall clients entitled to a

 5  public education or their parents be assessed a fee by the

 6  agency department under s. 402.33 for placement in a

 7  residential program.

 8         (b)  For clients who are entering or exiting the school

 9  system, an interdepartmental staffing team composed of

10  representatives of the agency department and the local school

11  system shall develop a written transitional living and

12  training plan with the participation of the client or with the

13  parent or guardian of the client, or the client advocate, as

14  appropriate.

15         (3)  Each family or individual support plan shall be

16  facilitated through case management designed solely to advance

17  the individual needs of the client.

18         (4)  In the development of the family or individual

19  support plan, a client advocate may be appointed by the

20  support planning team for a client who is a minor or for a

21  client who is not capable of express and informed consent

22  when:

23         (a)  The parent or guardian cannot be identified;

24         (b)  The whereabouts of the parent or guardian cannot

25  be discovered; or

26         (c)  The state is the only legal representative of the

27  client.

28  

29  Such appointment shall not be construed to extend the powers

30  of the client advocate to include any of those powers

31  delegated by law to a legal guardian.

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 1         (5)  The agency department shall place a client in the

 2  most appropriate and least restrictive, and cost-beneficial,

 3  residential facility according to his or her individual

 4  habilitation plan. The parent or guardian of the client or, if

 5  competent, the client, or, when appropriate, the client

 6  advocate, and the administrator of the residential facility to

 7  which placement is proposed shall be consulted in determining

 8  the appropriate placement for the client. Considerations for

 9  placement shall be made in the following order:

10         (a)  Client's own home or the home of a family member

11  or direct service provider.

12         (b)  Foster care facility.

13         (c)  Group home facility.

14         (d)  Intermediate care facility for the developmentally

15  disabled.

16         (e)  Other facilities licensed by the agency department

17  which offer special programs for people with developmental

18  disabilities.

19         (f)  Developmental services institution.

20         (6)  In developing a client's annual family or

21  individual support plan, the individual or family with the

22  assistance of the support planning team shall identify

23  measurable objectives for client progress and shall specify a

24  time period expected for achievement of each objective.

25         (7)  The individual, family, and support coordinator

26  shall review progress in achieving the objectives specified in

27  each client's family or individual support plan, and shall

28  revise the plan annually, following consultation with the

29  client, if competent, or with the parent or guardian of the

30  client, or, when appropriate, the client advocate. The agency

31  department shall annually report in writing to the client, if

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 1  competent, or to the parent or guardian of the client, or to

 2  the client advocate, when appropriate, with respect to the

 3  client's habilitative and medical progress.

 4         (8)  Any client, or any parent of a minor client, or

 5  guardian, authorized guardian advocate, or client advocate for

 6  a client, who is substantially affected by the client's

 7  initial family or individual support plan, or the annual

 8  review thereof, shall have the right to file a notice to

 9  challenge the decision pursuant to ss. 120.569 and 120.57.

10  Notice of such right to appeal shall be included in all

11  support plans provided by the agency department.

12         Section 34.  Section 393.0673, Florida Statutes, is

13  amended to read:

14         393.0673  Denial, suspension, revocation of license;

15  moratorium on admissions; administrative fines; procedures.--

16         (1)  The agency Department of Children and Family

17  Services may deny, revoke, or suspend a license or impose an

18  administrative fine, not to exceed $1,000 per violation per

19  day, for a violation of any provision of s. 393.0655 or s.

20  393.067 or rules adopted pursuant thereto. All hearings shall

21  be held within the county in which the licensee or applicant

22  operates or applies for a license to operate a facility as

23  defined herein.

24         (2)  The agency department, as a part of any final

25  order issued by it under the provisions of this chapter, may

26  impose such fine as it deems proper, except that such fine may

27  not exceed $1,000 for each violation.  Each day a violation of

28  this chapter occurs constitutes a separate violation and is

29  subject to a separate fine, but in no event may the aggregate

30  amount of any fine exceed $10,000.  Fines paid by any facility

31  licensee under the provisions of this subsection shall be

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 1  deposited in the Resident Protection Trust Fund and expended

 2  as provided in s. 400.063.

 3         (3)  The agency department may issue an order

 4  immediately suspending or revoking a license when it

 5  determines that any condition in the facility presents a

 6  danger to the health, safety, or welfare of the residents in

 7  the facility.

 8         (4)  The agency department may impose an immediate

 9  moratorium on admissions to any facility when the department

10  determines that any condition in the facility presents a

11  threat to the health, safety, or welfare of the residents in

12  the facility.

13         Section 35.  Subsections (1) and (3) of section

14  393.0675, Florida Statutes, are amended to read:

15         393.0675  Injunctive proceedings authorized.--

16         (1)  The agency Department of Children and Family

17  Services may institute injunctive proceedings in a court of

18  competent jurisdiction to:

19         (a)  Enforce the provisions of this chapter or any

20  minimum standard, rule, regulation, or order issued or entered

21  pursuant thereto; or

22         (b)  Terminate the operation of facilities licensed

23  pursuant to this chapter when any of the following conditions

24  exist:

25         1.  Failure by the facility to take preventive or

26  corrective measures in accordance with any order of the agency

27  department.

28         2.  Failure by the facility to abide by any final order

29  of the agency department once it has become effective and

30  binding.

31  

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 1         3.  Any violation by the facility constituting an

 2  emergency requiring immediate action as provided in s.

 3  393.0673.

 4         (3)  The agency department may institute proceedings

 5  for an injunction in a court of competent jurisdiction to

 6  terminate the operation of a provider of supports or services

 7  if such provider has willfully and knowingly refused to comply

 8  with the screening requirement for direct service providers or

 9  has refused to terminate direct service providers found not to

10  be in compliance with the requirements for good moral

11  character.

12         Section 36.  Subsection (1), paragraphs (b), (c), and

13  (d) of subsection (2), and paragraph (e) of subsection (3) of

14  section 393.0678, Florida Statutes, are amended to read:

15         393.0678  Receivership proceedings.--

16         (1)  The agency department may petition a court of

17  competent jurisdiction for the appointment of a receiver for

18  an intermediate care facility for the developmentally

19  disabled, a residential habilitation center, or a group home

20  facility owned and operated by a corporation or partnership

21  when any of the following conditions exist:

22         (a)  Any person is operating a facility without a

23  license and refuses to make application for a license as

24  required by s. 393.067 or, in the case of an intermediate care

25  facility for the developmentally disabled, as required by ss.

26  393.067 and 400.062.

27         (b)  The licensee is closing the facility or has

28  informed the department that it intends to close the facility;

29  and adequate arrangements have not been made for relocation of

30  the residents within 7 days, exclusive of weekends and

31  holidays, of the closing of the facility.

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 1         (c)  The agency department determines that conditions

 2  exist in the facility which present an imminent danger to the

 3  health, safety, or welfare of the residents of the facility or

 4  which present a substantial probability that death or serious

 5  physical harm would result therefrom.  Whenever possible, the

 6  agency department shall facilitate the continued operation of

 7  the program.

 8         (d)  The licensee cannot meet its financial obligations

 9  to provide food, shelter, care, and utilities. Evidence such

10  as the issuance of bad checks or the accumulation of

11  delinquent bills for such items as personnel salaries, food,

12  drugs, or utilities constitutes prima facie evidence that the

13  ownership of the facility lacks the financial ability to

14  operate the home in accordance with the requirements of this

15  chapter and all rules promulgated thereunder.

16         (2)

17         (b)  A hearing shall be conducted within 5 days of the

18  filing of the petition, at which time all interested parties

19  shall have the opportunity to present evidence pertaining to

20  the petition.  The agency department shall notify the owner or

21  operator of the facility named in the petition of its filing

22  and the date set for the hearing.

23         (c)  The court shall grant the petition only upon

24  finding that the health, safety, or welfare of residents of

25  the facility would be threatened if a condition existing at

26  the time the petition was filed is permitted to continue.  A

27  receiver may not be appointed ex parte unless the court

28  determines that one or more of the conditions in subsection

29  (1) exist; that the facility owner or operator cannot be

30  found; that all reasonable means of locating the owner or

31  operator and notifying him or her of the petition and hearing

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 1  have been exhausted; or that the owner or operator after

 2  notification of the hearing chooses not to attend. After such

 3  findings, the court may appoint any person qualified by

 4  education, training, or experience to carry out the

 5  responsibilities of receiver pursuant to this section, except

 6  that the court may not appoint any owner or affiliate of the

 7  facility which is in receivership.  Before the appointment as

 8  receiver of a person who is the operator, manager, or

 9  supervisor of another facility, the court shall determine that

10  the person can reasonably operate, manage, or supervise more

11  than one facility.  The receiver may be appointed for up to 90

12  days with the option of petitioning the court for 30-day

13  extensions.  The receiver may be selected from a list of

14  persons qualified to act as receivers developed by the agency

15  department and presented to the court with each petition for

16  receivership. Under no circumstances may the agency department

17  or designated agency departmental employee be appointed as a

18  receiver for more than 60 days; however, the agency

19  departmental receiver may petition the court for 30-day

20  extensions.  The court shall grant an extension upon a showing

21  of good cause.  The agency department may petition the court

22  to appoint a substitute receiver.

23         (d)  During the first 60 days of the receivership, the

24  agency department may not take action to decertify or revoke

25  the license of a facility unless conditions causing imminent

26  danger to the health and welfare of the residents exist and a

27  receiver has been unable to remove those conditions.  After

28  the first 60 days of receivership, and every 60 days

29  thereafter until the receivership is terminated, the agency

30  department shall submit to the court the results of an

31  assessment of the ability of the facility to assure the safety

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 1  and care of the residents.  If the conditions at the facility

 2  or the intentions of the owner indicate that the purpose of

 3  the receivership is to close the facility rather than to

 4  facilitate its continued operation, the agency department

 5  shall place the residents in appropriate alternate residential

 6  settings as quickly as possible.  If, in the opinion of the

 7  court, the agency department has not been diligent in its

 8  efforts to make adequate arrangements for placement, the court

 9  shall find the agency department to be in contempt and shall

10  order the agency department to submit its plans for moving the

11  residents.

12         (3)  The receiver shall make provisions for the

13  continued health, safety, and welfare of all residents of the

14  facility and:

15         (e)  May use the building, fixtures, furnishings, and

16  any accompanying consumable goods in the provision of care and

17  services to residents and to any other persons receiving

18  services from the facility at the time the petition for

19  receivership was filed.  The receiver shall collect payments

20  for all goods and services provided to residents or others

21  during the period of the receivership at the same rate of

22  payment charged by the owner at the time the petition for

23  receivership was filed, or at a fair and reasonable rate

24  otherwise approved by the court for private, paying residents.

25  The receiver may apply to the agency department for a rate

26  increase for residents under Title XIX of the Social Security

27  Act if the facility is not receiving the state reimbursement

28  cap and if expenditures justify an increase in the rate.

29         Section 37.  Section 393.071, Florida Statutes, is

30  amended to read:

31  

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 1         393.071  Client fees.--The agency Department of

 2  Children and Family Services shall charge fees for services

 3  provided to clients in accordance with s. 402.33.

 4         Section 38.  Subsection (2) of section 393.075, Florida

 5  Statutes, is amended to read:

 6         393.075  General liability coverage.--

 7         (2)  The Division of Risk Management of the Department

 8  of Financial Services shall provide coverage through the

 9  agency Department of Children and Family Services to any

10  person who owns or operates a foster care facility or group

11  home facility solely for the agency Department of Children and

12  Family Services, who cares for children placed by

13  developmental services staff of the agency department, and who

14  is licensed pursuant to s. 393.067 to provide such supervision

15  and care in his or her place of residence. The coverage shall

16  be provided from the general liability account of the State

17  Risk Management Trust Fund.  The coverage is limited to

18  general liability claims arising from the provision of

19  supervision and care of children in a foster care facility or

20  group home facility pursuant to an agreement with the agency

21  department and pursuant to guidelines established through

22  policy, rule, or statute. Coverage shall be subject to the

23  limits provided in ss. 284.38 and 284.385, and the exclusions

24  set forth therein, together with other exclusions as may be

25  set forth in the certificate of coverage issued by the trust

26  fund. A person covered under the general liability account

27  pursuant to this subsection shall immediately notify the

28  Division of Risk Management of the Department of Financial

29  Services of any potential or actual claim.

30         Section 39.  Section 393.115, Florida Statutes, is

31  amended to read:

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 1         393.115  Discharge.--

 2         (1)  DISCHARGE AT THE AGE OF MAJORITY.--

 3         (a)  When any residential client reaches his or her

 4  18th birthday, the agency department shall give the resident

 5  or legal guardian the option to continue residential services

 6  or to be discharged from residential services.

 7         (b)  If the resident appears to meet the criteria for

 8  involuntary admission to residential services, as defined in

 9  s. 393.11, the agency department shall file a petition to

10  determine the appropriateness of continued residential

11  placement on an involuntary basis. The agency department shall

12  file the petition for involuntary admission in the county in

13  which the client resides. If the resident was originally

14  involuntarily admitted to residential services pursuant to s.

15  393.11, then the agency department shall file the petition in

16  the court having continuing jurisdiction over the case.

17         (c)  Nothing in this section shall in any way limit or

18  restrict the resident's right to a writ of habeas corpus or

19  the right of the agency department to transfer a resident

20  receiving residential care to a program of appropriate

21  services provided by the agency department when such program

22  is the appropriate habilitative setting for the resident.

23         (2)  DISCHARGE AFTER CRIMINAL OR JUVENILE

24  COMMITMENT.--Any person with developmental disabilities

25  committed to the custody of the agency department pursuant to

26  the provisions of the applicable criminal or juvenile court

27  law shall be discharged in accordance with the requirements of

28  the applicable criminal or juvenile court law.

29         Section 40.  Subsection (3) of section 393.12, Florida

30  Statutes, is amended to read:

31         393.12  Capacity; appointment of guardian advocate.--

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 1         (3)  COURT COSTS.--In all proceedings under this

 2  section, no court costs shall be charged against the agency

 3  department.

 4         Section 41.  Section 393.125, Florida Statutes, is

 5  amended to read:

 6         393.125  Hearing rights.--

 7         (1)  REVIEW OF AGENCY DEPARTMENT DECISIONS.--

 8         (a)  Any developmental services applicant or client, or

 9  his or her parent, guardian, guardian advocate, or authorized

10  representative, who has any substantial interest determined by

11  the agency department, has shall have the right to request an

12  administrative hearing pursuant to ss. 120.569 and 120.57.

13         (b)  Notice of the right to an administrative hearing

14  shall be given, both verbally and in writing, to the applicant

15  or client, and his or her parent, guardian, guardian advocate,

16  or authorized representative, at the same time that the agency

17  department gives the applicant or client notice of the

18  agency's department's action.  The notice shall be given, both

19  verbally and in writing, in the language of the client or

20  applicant and in English.

21         (c)  A request for a hearing under this section shall

22  be made to the agency department, in writing, within 30 days

23  of the applicant's or client's receipt of the notice.

24         (2)  REVIEW OF PROVIDER DECISIONS.--The agency

25  department shall adopt promulgate rules to establish uniform

26  guidelines for the agency department and service providers

27  relevant to termination, suspension, or reduction of client

28  services by the service provider.  The rules shall ensure the

29  due process rights of service providers and clients.

30         Section 42.  Section 393.14, Florida Statutes, is

31  amended to read:

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 1         393.14  Multiyear plan.--

 2         (1)  The agency may department is authorized to begin

 3  implementation of the provisions of this act within the limits

 4  of current appropriations.  The agency department shall

 5  develop a multiyear plan which will provide for the phased-in

 6  implementation of the provisions of this act over the decade

 7  following first presentation of the plan to the Legislature.

 8  The multiyear plan for implementation shall be presented to

 9  the Legislature by January 31, 1990, and every 2 years

10  thereafter.  The plan shall include, but not be limited to:

11         (a)  An analysis and inventory of existing programs,

12  facilities, and services dealing with persons who are

13  developmentally disabled.

14         (b)  A survey and analysis outlining the needs of the

15  system of care for persons who are developmentally disabled to

16  accomplish the purpose and intent of this act.  This analysis

17  shall include:

18         1.  Comprehensive information relating to the

19  conceptual basis and statement of criteria which will be used

20  for the identification and categorization of all agency

21  department clients and the expected level and amount of

22  service each category of client will require.

23         2.  A description of the present client population,

24  based on the above criteria.

25         3.  Client population forecasts.

26         4.  Client profiles.

27         5.  Service area resources, needs, and capabilities.

28         6.  Residential and nonresidential community programs.

29         7.  An analysis of the future functions of institutions

30  and their profile.

31  

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 1         8.  An analysis of the financing necessary to implement

 2  needs, which shall include a statement of the actual cost

 3  necessary to implement each program and the actual cost of

 4  each unit of service to the client for both institutional and

 5  community placements.

 6         9.  A clear and detailed description of the needs of

 7  persons waiting for services and the cost to the state in both

 8  human and economic terms if those persons are not served

 9  within the fiscal year the plan is submitted.

10         (c)  A plan for the coordination of the state's

11  service, programs, and facilities for persons who are

12  developmentally disabled.

13         (d)  A detailed study of methods to implement

14  alternatives to institutionalization and how those methods can

15  best be utilized.

16         (2)  Every 2 years, commencing with the 1990 fiscal

17  year, the agency department shall render a written report to

18  the Legislature updating the plan, making recommendations for

19  modification or improvement, and giving a detailed analysis of

20  the manner and method, including funding, by which the

21  Legislature can continue to implement the overall goals of the

22  plan.

23         Section 43.  Subsections (3), (4), (5), and (6) of

24  section 393.15, Florida Statutes, are amended to read:

25         393.15  Legislative intent; Community Resources

26  Development Trust Fund.--

27         (3)  There is created a Community Resources Development

28  Trust Fund in the State Treasury to be used by the agency

29  Department of Children and Family Services for the purpose of

30  granting loans to eligible programs for the initial costs of

31  development of the programs.  Loans shall be made only to

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 1  those facilities which are in compliance with the zoning

 2  regulations of the local community.  Costs of development may

 3  include structural modification, the purchase of equipment and

 4  fire and safety devices, preoperational staff training, and

 5  the purchase of insurance.  Such costs shall not include the

 6  actual construction of a facility.

 7         (4)  The agency department may grant to an eligible

 8  program a lump-sum loan in one payment not to exceed the cost

 9  to the program of providing 2 months' services, care, or

10  maintenance to each person who is developmentally disabled to

11  be placed in the program by the agency department, or the

12  actual cost of firesafety renovations to a facility required

13  by the state, whichever is greater.  Loans granted to programs

14  shall not be in lieu of payment for maintenance, services, or

15  care provided, but shall stand separate and distinct.  The

16  agency department shall adopt promulgate rules, as provided in

17  chapter 120, to determine the standards under which a program

18  shall be eligible to receive a loan as provided in this

19  section and criteria for the equitable allocation of loan

20  trust funds when eligible applications exceed the funds

21  available.

22         (5)  Any loan granted by the agency department under

23  this section shall be repaid by the program within 5 years.  A

24  program that which operates as a nonprofit corporation meeting

25  the requirements of s. 501(c)(3) of the Internal Revenue Code,

26  and that which seeks forgiveness of its loan shall submit to

27  the agency department a statement setting forth the service it

28  has provided during the year together with such other

29  information as the agency department by rule shall require,

30  and, upon approval of each such annual statement, the agency

31  

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 1  department shall forgive 20 percent of the principal of any

 2  such loan granted after June 30, 1975.

 3         (6)  If any program that which has received a loan

 4  under this section ceases to accept, or provide care,

 5  services, or maintenance to persons placed in the program by

 6  the department, or if such program files shall file papers of

 7  bankruptcy, at that point in time the loan shall become an

 8  interest-bearing loan at the rate of 5 percent per annum on

 9  the entire amount of the initial loan which shall be repaid

10  within a 1-year period from the date on which the program

11  ceases to provide care, services, or maintenance, or files

12  papers in bankruptcy, and the amount of the loan due plus

13  interest shall constitute a lien in favor of the state against

14  all real and personal property of the program.  The lien shall

15  be perfected by the appropriate officer of the agency

16  department by executing and acknowledging a statement of the

17  name of the program and the amount due on the loan and a copy

18  of the promissory note, which shall be recorded by the agency

19  department with the clerk of the circuit court in the county

20  wherein the program is located.  If the program has filed a

21  petition for bankruptcy, the agency department shall file and

22  enforce the lien in the bankruptcy proceedings.  Otherwise,

23  the lien shall be enforced in the manner provided in s.

24  85.011.  All funds received by the agency department from the

25  enforcement of the lien shall be deposited in the Community

26  Resources Development Trust Fund.

27         Section 44.  Subsection (1) of section 393.501, Florida

28  Statutes, is amended to read:

29         393.501  Rulemaking.--

30         (1)  The agency department shall adopt rules to carry

31  out the provisions of this chapter.

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 1         Section 45.  Section 393.503, Florida Statutes, is

 2  amended to read:

 3         393.503  Respite and family care subsidy expenditures;

 4  funding.--The agency Department of Children and Family

 5  Services shall determine the amount of expenditures per fiscal

 6  year for the respite and family care subsidy to families and

 7  individuals with developmental disabilities living in their

 8  own homes.  This information shall be made available to the

 9  family care councils and to others requesting the information.

10  The family care councils shall review the expenditures and

11  make recommendations to the agency department with respect to

12  any new funds that are made available for family care.

13         Section 46.  Subsection (2) of section 393.506, Florida

14  Statutes, is amended to read:

15         393.506  Administration of medication.--

16         (2)  Each facility, institution, or program must

17  include in its policies and procedures a plan for training

18  designated staff to ensure the safe handling, storage, and

19  administration of prescription medication. These policies and

20  procedures must be approved by the agency department before

21  unlicensed direct care services staff assist with medication.

22         Section 47.  (1)  In the Department of Children and

23  Family Services' Economic Self-Sufficiency Services Program

24  Office, the department may provide its eligibility

25  determination functions either with department staff or

26  through contract with one or more private vendors, with the

27  following restrictions:

28         (a)  With the exception of information technology, a

29  contract may not include a geographic area larger than a

30  combined seven districts or combined three zones without the

31  prior approval of the Legislative Budget Commission;

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 1         (b)  All jobs made available through any contract must

 2  be located within the United States, with preference given to

 3  contractors whose jobs will be provided to residents of this

 4  state; and

 5         (c)  Department employees must provide the functions in

 6  at least two districts or one zone.

 7         (2)  This section shall take effect upon this act

 8  becoming a law.

 9         Section 48.  Except as otherwise expressly provided in

10  this act, this act shall take effect July 1, 2004.

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1280

 3                                 

 4  
    Removes the Developmental Disabilities program from the
 5  Department of Children and Family Services (the department or
    DCF) and establishes the program as "The Agency for Persons
 6  with Disabilities" (APD).

 7  Houses the newly created agency within the department for
    administrative purposes but establishes the agency as a
 8  separate budget entity that is not subject to the control,
    supervision, or the direction of the department.
 9  
    Specifies that the director for this agency is to be appointed
10  by the Governor to administer the affairs of the agency and is
    authorized to hire staff within available resources.
11  
    Provides that the agency has programmatic responsibility for
12  the provision of all services for persons with developmental
    disabilities pursuant to chapter 393 of the Florida Statutes.
13  
    Specifies that the fiscal management of the home and
14  community-based waiver services is to be managed by the Agency
    for Health Care Administration (AHCA).
15  
    Directs that the agency will retain the fiscal and
16  programmatic management of the developmental disabilities
    institutions and those community-based services funded by
17  general revenue.

18  Deletes the current provisions relating to the certification
    of behavior analysts and provides language authorizing the
19  agency to recognize the certification of behavior analysts
    that is awarded by a nonprofit corporation that meets certain
20  requirements.

21  Requires that the Developmental Disabilities program and the
    developmental disabilities institutional programs in the
22  department are to be transferred to APD by a type 2 transfer
    effective October 1, 2004.
23  
    Directs the agency and the department to work with the
24  Department of Management Services to determine the number of
    positions and the resources within the department that are to
25  be transferred to the agency including staff persons from the
    department who are to provide administrative support.
26  
    Directs the Director of APD to work with the Secretaries from
27  DCF and the Agency for Health Care Administration (AHCA) or
    their designees to develop a transition plan that is to be
28  submitted to the Executive Office of the Governor and the
    Legislature by September 1, 2004.
29  
    Requires the agency is to enter into inter-agency agreements
30  with AHCA and DCF that delineate the responsibilities of each
    organization and that also address the operational support of
31  the new agency as well as reimbursement mechanisms.

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 1  Directs APD, AHCA, and DCF to work together to develop a plan
    to ensure all necessary electronic and paper-based data is
 2  accessible to the Medicaid program. Electronic records are to
    be migrated to a new system that is compatible with the
 3  Florida Medicaid Management Information System.

 4  Directs that a plan be developed by APD and AHCA for the
    relocation of the local APD staff to the AHCA area offices.
 5  
    Requires APD to enter into an agreement with DCF for the
 6  provision of day-to-day administrative and operational needs
    or until APD is no longer in need of such services.
 7  
    Directs the Office of Program Policy and Government
 8  Accountability to identify and evaluate statewide entities
    receiving state funding to provide services for persons with
 9  disabilities and provide a report to the Governor and the
    Legislature by December 2005.
10  
    Authorizes DCF to provide its eligibility determination
11  functions with either department staff or through a
    contractual agreement with one or more private vendors with
12  certain restrictions applied.

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2020 State of Florida.