January 24, 2021
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       Florida Senate - 2010                                    SB 2340
       
       
       
       By Senator Storms
       
       
       
       
       10-01708B-10                                          20102340__
    1                        A bill to be entitled                      
    2         An act relating to the Agency for Persons with
    3         Disabilities; amending s. 39.201, F.S.; authorizing
    4         the agency to use information in the Department of
    5         Children and Family Services’ central abuse hotline
    6         for licensure purposes; amending s. 120.80, F.S.;
    7         authorizing the agency to conduct its own
    8         administrative hearings relating to programs for
    9         persons with disabilities; amending s. 393.067, F.S.;
   10         requiring facility staff to obtain training in
   11         detecting, reporting, and preventing abuse, neglect,
   12         exploitation, and sexual abuse; amending s. 393.0673,
   13         F.S.; revising the types of violations that may result
   14         in license denial, revocation, or suspension or the
   15         imposition of an administrative fine; amending s.
   16         393.13, F.S.; providing that persons with
   17         developmental disabilities have a right to be free
   18         from abuse, neglect, exploitation, and sexual abuse
   19         regardless of the setting; amending s. 393.506, F.S.;
   20         providing that competency in the administration of
   21         medication by certain routes can be assessed by
   22         simulation during training; amending s. 400.063, F.S.;
   23         conforming a cross-reference; providing an effective
   24         date.
   25  
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Subsection (6) of section 39.201, Florida
   29  Statutes, is amended to read:
   30         39.201 Mandatory reports of child abuse, abandonment, or
   31  neglect; mandatory reports of death; central abuse hotline.—
   32         (6) Information in the central abuse hotline may not be
   33  used for employment screening, except as provided in s.
   34  39.202(2)(a) and (h). Information in the central abuse hotline
   35  and the department’s automated abuse information system may be
   36  used by the department, its authorized agents or contract
   37  providers, the Department of Health, the Agency for Persons with
   38  Disabilities as part of the licensure process pursuant to s.
   39  393.067 or s. 393.0673, or county agencies as part of the
   40  licensure or registration process pursuant to ss. 402.301
   41  402.319 and ss. 409.175-409.176.
   42         Section 2. Subsection (17) is added to section 120.80,
   43  Florida Statutes, to read:
   44         120.80 Exceptions and special requirements; agencies.—
   45         (17) AGENCY FOR PERSONS WITH DISABILITIES.—Notwithstanding
   46  s. 120.57(1)(a), hearings relating to the execution of social
   47  and economic programs for persons with disabilities need not be
   48  conducted by an administrative law judge assigned by the
   49  division. These hearings shall be held in accordance with s.
   50  393.125 and 42 C.F.R. part 431, subpart E. The agency may
   51  contract with the Department of Children and Family Services to
   52  provide a hearing officer in these matters.
   53         Section 3. Paragraph (h) of subsection (4) and subsections
   54  (7) and (9) of section 393.067, Florida Statutes, are amended to
   55  read:
   56         393.067 Facility licensure.—
   57         (4) The application shall be under oath and shall contain
   58  the following:
   59         (h) Certification that the staff of the facility or program
   60  will receive training to detect, report, and prevent abuse,
   61  neglect, exploitation, and sexual abuse of residents and clients
   62  as those terms are defined in s. 39.01 or s. 415.102.
   63         (7) The agency shall adopt rules establishing minimum
   64  standards for facilities and programs licensed under this
   65  section, including rules requiring facilities and programs to
   66  train staff to detect, report, and prevent abuse, neglect,
   67  exploitation, and sexual abuse of residents and clients as those
   68  terms are defined in s. 39.01 or s. 415.102, minimum standards
   69  of quality and adequacy of client care, incident reporting
   70  requirements, and uniform firesafety standards established by
   71  the State Fire Marshal which are appropriate to the size of the
   72  facility or of the component centers or units of the program.
   73         (9) The agency may conduct unannounced inspections to
   74  determine compliance by foster care facilities, group home
   75  facilities, residential habilitation centers, and comprehensive
   76  transitional education programs with the applicable provisions
   77  of this chapter and the rules adopted pursuant hereto, including
   78  the rules adopted for training staff of a facility or a program
   79  to detect, report, and prevent abuse, neglect, exploitation, and
   80  sexual abuse of residents and clients as those terms are defined
   81  in s. 39.01 or s. 415.102. The facility or program shall make
   82  copies of inspection reports available to the public upon
   83  request.
   84         Section 4. Subsections (1) and (2) of section 393.0673,
   85  Florida Statutes, are amended, and present subsections (3)
   86  through (7) of that section are redesignated as subsections (2)
   87  through (6), respectively, to read:
   88         393.0673 Denial, suspension, or revocation of license;
   89  moratorium on admissions; administrative fines; procedures.—
   90         (1) The agency may deny, revoke or suspend a license, or
   91  impose an administrative fine of up to, not to exceed $1,000 per
   92  violation per day, if the agency determines that a license
   93  applicant or a licensee, as applicable, has committed one or
   94  more of the following violations:
   95         (a)The licensee has:
   96         (a)1. Falsely represented or omitted a material fact in its
   97  license application submitted under s. 393.067.;
   98         (b)2. Had prior action taken against it under the Medicaid
   99  or Medicare program.; or
  100         (c)3. Failed to comply with the applicable requirements of
  101  this chapter or rules applicable to a license applicant or a the
  102  licensee.; or
  103         (d)(b)Abused, neglected, or abandoned The Department of
  104  Children and Family Services has verified that the licensee is
  105  responsible for the abuse, neglect, or abandonment of a child as
  106  those terms are defined in s. 39.01 or abused, neglected,
  107  exploited, or sexually abused the abuse, neglect, or
  108  exploitation of a vulnerable adult as those terms are defined in
  109  s. 415.102.
  110         (e) Knowingly submitted false or inaccurate information in
  111  order to obtain payment for services.
  112         (f) Knowingly used the funds, property, or identity of a
  113  client for self-gain.
  114         (g) Knowingly compromised the health, safety, or welfare of
  115  a client.
  116         (h) Knowingly violated the rights of a client as provided
  117  in s. 393.13(3).
  118         (i) Denied a client’s guardian, a minor’s parent, a
  119  client’s waiver support coordinator, an agency employee, or
  120  other authorized person access to a client.
  121         (2)The agency may deny an application for licensure
  122  submitted under s. 393.067 if:
  123         (a)The applicant has:
  124         1.Falsely represented or omitted a material fact in its
  125  license application submitted under s. 393.067;
  126         2.Had prior action taken against it under the Medicaid or
  127  Medicare program;
  128         3.Failed to comply with the applicable requirements of
  129  this chapter or rules applicable to the applicant; or
  130         4.Previously had a license to operate a residential
  131  facility revoked by the agency, the Department of Children and
  132  Family Services, or the Agency for Health Care Administration;
  133  or
  134         (b)The Department of Children and Family Services has
  135  verified that the applicant is responsible for the abuse,
  136  neglect, or abandonment of a child or the abuse, neglect, or
  137  exploitation of a vulnerable adult.
  138         Section 5. Paragraph (a) of subsection (3) of section
  139  393.13, Florida Statutes, is amended to read:
  140         393.13 Treatment of persons with developmental
  141  disabilities.—
  142         (3) RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL DISABILITIES.
  143  The rights described in this subsection shall apply to all
  144  persons with developmental disabilities, whether or not such
  145  persons are clients of the agency.
  146         (a) Persons with developmental disabilities shall have a
  147  right to dignity, privacy, and humane care, including the right
  148  to be free from abuse, neglect, exploitation, and sexual abuse
  149  as those terms are defined in s. 39.01 or s. 415.102 in
  150  residential facilities.
  151         Section 6. Subsection (2) of section 393.506, Florida
  152  Statutes, is amended to read:
  153         393.506 Administration of medication.—
  154         (2) In order to supervise the self-administration of
  155  medication or to administer medications as provided in
  156  subsection (1), a direct service provider must satisfactorily
  157  complete a training course of at least not less than 4 hours in
  158  medication administration and be found competent to supervise
  159  the self-administration of medication by a client or to
  160  administer medication to a client in a safe and sanitary manner.
  161  Competency in the administration of topical, transdermal, and
  162  otic routes may be validated by simulation during the required
  163  training course. Competency in all other routes of medication
  164  administration must be assessed and validated at least annually
  165  in an onsite setting and must include personally observing the
  166  direct service provider satisfactorily:
  167         (a) Supervising the self-administration of medication by a
  168  client; and
  169         (b) Administering medication to a client.
  170         Section 7. Subsection (1) of section 400.063, Florida
  171  Statutes, is amended to read:
  172         400.063 Resident protection.—
  173         (1) The Health Care Trust Fund shall be used for the
  174  purpose of collecting and disbursing funds generated from the
  175  license fees and administrative fines as provided for in ss.
  176  393.0673(3) 393.0673(4), 400.062(3), 400.121(2), and 400.23(8).
  177  Such funds shall be for the sole purpose of paying for the
  178  appropriate alternate placement, care, and treatment of
  179  residents who are removed from a facility licensed under this
  180  part or a facility specified in s. 393.0678(1) in which the
  181  agency determines that existing conditions or practices
  182  constitute an immediate danger to the health, safety, or
  183  security of the residents. If the agency determines that it is
  184  in the best interest of the health, safety, or security of the
  185  residents to provide for an orderly removal of the residents
  186  from the facility, the agency may use utilize such funds to
  187  maintain and care for the residents in the facility pending
  188  removal and alternative placement. The maintenance and care of
  189  the residents shall be under the direction and control of a
  190  receiver appointed pursuant to s. 393.0678(1) or s. 400.126(1).
  191  However, funds may be expended in an emergency upon a filing of
  192  a petition for a receiver, upon the declaration of a state of
  193  local emergency pursuant to s. 252.38(3)(a)5., or upon a duly
  194  authorized local order of evacuation of a facility by emergency
  195  personnel to protect the health and safety of the residents.
  196         Section 8. This act shall take effect July 1, 2010.
  197  

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