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Senate Bill 2386

Senate Bill sb2386

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    Florida Senate - 2005                                  SB 2386

    By Senator Peaden





    2-1407-05

  1                      A bill to be entitled

  2         An act relating to the Agency for Persons with

  3         Disabilities; amending s. 39.202, F.S.;

  4         authorizing the release of otherwise

  5         confidential information concerning child abuse

  6         or neglect to authorized agents and providers

  7         of the agency; amending s. 39.502, F.S.;

  8         requiring that a person identified as having a

  9         mental illness or disability be informed by the

10         court of agency services; amending s. 383.14,

11         F.S.; providing for a representative of the

12         agency to sit on the Genetics and Newborn

13         Screening Advisory Council rather than a

14         representative from the Department of Children

15         and Family Services; repealing s. 393.061,

16         F.S., relating to a short title; amending s.

17         393.062, F.S.; revising legislative findings

18         and intent with respect to providing services

19         for the developmentally disabled; amending s.

20         393.063, F.S.; revising definitions to conform

21         to changes made by the act; defining the term

22         "principles of self-determination"; amending s.

23         393.064, F.S.; requiring that the agency

24         provide additional evaluations and assessments;

25         revising requirements for intervention services

26         and support services; amending s. 393.0641,

27         F.S.; defining the term "severe self-injurious

28         behavior" for purposes of prevention and

29         treatment services that are provided by the

30         agency; amending s. 393.065, F.S.; revising

31         requirements for the agency in determining

                                  1

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    Florida Senate - 2005                                  SB 2386
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 1         eligibility for certain services; authorizing

 2         the agency to adopt rules; amending s.

 3         393.0651, F.S.; revising requirements for the

 4         family or individual support plan; amending s.

 5         393.0655, F.S., relating to the screening of

 6         service providers; authorizing the agency to

 7         take additional remedial action; requiring that

 8         the agency adopt rules for conducting

 9         background screening; amending s. 393.0657,

10         F.S.; clarifying provisions governing the

11         rescreening of human resource personnel;

12         amending s. 393.066, F.S., relating to

13         community-based services; authorizing the

14         agency to adopt rules governing the purchase of

15         services; amending s. 393.067, F.S.; requiring

16         the agency to adopt rules governing the

17         licensure of residential facilities and

18         comprehensive transitional education programs;

19         providing that a licenseholder does not have a

20         property right to that license; revising the

21         requirements for background screening of

22         license applicants; revising the requirements

23         for the comprehensive emergency management

24         plans of homes serving individuals having

25         complex medical conditions; amending s.

26         393.0673, F.S.; clarifying provisions governing

27         administrative fines; amending s. 393.0674,

28         F.S.; providing a penalty for noncompliance

29         with requirements for background screening;

30         amending s. 393.0675, F.S.; clarifying

31         provisions authorizing the agency to seek an

                                  2

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    Florida Senate - 2005                                  SB 2386
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 1         injunction under certain circumstances;

 2         amending s. 393.0678, F.S.; revising provisions

 3         governing receivership proceedings; amending s.

 4         393.068, F.S.; including the principles of

 5         self-determination within the skills emphasized

 6         in a family care program; amending s. 393.0695,

 7         F.S.; requiring that the agency reassess

 8         in-home subsidies quarterly; amending s.

 9         393.075, F.S., relating to liability coverage;

10         conforming terminology to changes made by the

11         act; amending s. 393.11, F.S.; requiring

12         certain assessments for the involuntary

13         commitment of a person with retardation or

14         autism; revising the procedures for the agency

15         with respect to such commitment; requiring that

16         a hearing be held in the county in which the

17         petition is filed; revising the standards for

18         determining the issue of competency; amending

19         s. 393.122, F.S., relating to continued

20         residential services; conforming a

21         cross-reference; amending s. 393.125, F.S.;

22         clarifying the agency's rulemaking duties with

23         respect to service providers; amending s.

24         393.13, F.S., relating to the Bill of Rights of

25         Persons Who are Developmentally Disabled;

26         revising legislative intent; requiring that

27         intermediate care facilities comply with

28         requirements that clients be afforded certain

29         rights and opportunities; amending s. 393.135,

30         F.S., relating to prohibitions against sexual

31         misconduct by employees; conforming provisions

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    Florida Senate - 2005                                  SB 2386
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 1         to the transfer of duties from the Department

 2         of Children and Family Services to the Agency

 3         for Persons with Disabilities; amending s.

 4         393.15, F.S.; revising provisions governing the

 5         Community Resources Development Trust Fund to

 6         establish the Community Resources Development

 7         Loan Program; providing eligibility

 8         requirements for a loan; requiring that the

 9         agency deposit funds received from enforcement

10         of a lien into the agency's Administrative

11         Trust Fund and be used to fund the program;

12         creating s. 393.18, F.S.; creating the

13         comprehensive transitional education program

14         within the agency as a transitional program for

15         services for persons exhibiting maladaptive

16         behaviors; providing requirements for the

17         services and the staff for such programs;

18         requiring an individual education plan for each

19         person served; limiting the number of residents

20         which may be served by such a program; amending

21         s. 393.501, F.S., relating to the agency's

22         rulemaking authority; removing obsolete

23         provisions governing ICF/MR facilities;

24         amending s. 393.506, F.S.; revising

25         requirements governing the administration of

26         medication; amending s. 397.405, F.S., relating

27         to exemptions from licensure; conforming a

28         cross-reference; amending s. 400.419, F.S.;

29         requiring that the annual list of facilities

30         that are sanctioned or fined by the Agency for

31         Health Care Administration be provided to the

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    Florida Senate - 2005                                  SB 2386
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 1         Agency for Persons with Disabilities; repealing

 2         s. 400.960(1), (6), (7), and (11), F.S.;

 3         removing obsolete definitions applicable to

 4         intermediate care facilities for

 5         developmentally disabled persons; amending s.

 6         400.464, F.S., relating to home health

 7         agencies; conforming a cross-reference;

 8         amending s. 400.967, F.S., relating to rules;

 9         conforming provisions to the transfer of duties

10         from the Department of Children and Family

11         Services to the agency; amending s. 402.20,

12         F.S.; providing requirements for county

13         contracts for services and mental health

14         facilities; amending s. 402.22, F.S., relating

15         to education programs for students who reside

16         in residential care facilities; conforming

17         provisions to the transfer of duties from the

18         Department of Children and Family Services to

19         the agency; amending s. 408.036, F.S.;

20         exempting the beds in certain developmental

21         disabilities institutions from

22         certificate-of-need review; amending ss.

23         409.908 and 409.9127, F.S., relating to

24         Medicaid providers and conflicts of interest;

25         conforming a cross-reference and terminology;

26         amending ss. 411.224 and 411.232, F.S.,

27         relating to family support plans and the

28         Children's Early Investment Program; conforming

29         provisions to the transfer of duties from the

30         Department of Children and Family Services to

31         the agency; amending s. 415.102, F.S.;

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    Florida Senate - 2005                                  SB 2386
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 1         redefining the term "neglect" for purposes of

 2         the Adult Protective Services Act to include

 3         actions against oneself by a vulnerable adult;

 4         amending s. 415.1035, F.S.; providing duties of

 5         the agency with respect to the rights of

 6         residents of a facility serving vulnerable

 7         adults; amending s. 415.1051, F.S.; requiring

 8         that certain intervention actions be taken on

 9         behalf of a vulnerable adult in need of

10         services; amending ss. 415.1055 and 415.107,

11         F.S.; providing duties of the agency with

12         respect to reports of abuse, neglect, or

13         exploitation and the confidentiality of

14         records; amending s. 419.001, F.S., relating to

15         community residential homes; conforming

16         provisions to the transfer of duties from the

17         Department of Children and Family Services to

18         the agency; amending s. 435.03, F.S.; providing

19         screening requirements for employees and

20         employers of developmental disabilities

21         institutions; amending s. 944.602, F.S.;

22         requiring that the Department of Corrections

23         notify the agency before releasing a mentally

24         retarded inmate; amending ss. 945.025 and

25         947.185, F.S., relating to services for

26         mentally retarded inmates and parolees;

27         specifying duties of the agency; amending ss.

28         984.19, 984.225, and 984.226, F.S., relating to

29         medical screening of children in need of

30         services; conforming provisions to the transfer

31         of duties from the Department of Children and

                                  6

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    Florida Senate - 2005                                  SB 2386
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 1         Family Services to the agency; amending s.

 2         985.224, F.S.; requiring that the agency

 3         conduct certain assessments of a child who is

 4         alleged to be delinquent; amending s. 1003.58,

 5         F.S.; providing duties of the Department of

 6         Education with respect to children in

 7         residential care facilities of the agency;

 8         repealing s. 114 of ch. 2004-267, Laws of

 9         Florida, relating to the Economic

10         Self-Sufficiency Services Program; providing an

11         effective date.

12  

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

14  

15         Section 1.  Paragraphs (a) and (h) of subsection (2) of

16  section 39.202, Florida Statutes, are amended to read:

17         39.202  Confidentiality of reports and records in cases

18  of child abuse or neglect.--

19         (2)  Except as provided in subsection (4), access to

20  such records, excluding the name of the reporter which shall

21  be released only as provided in subsection (5), shall be

22  granted only to the following persons, officials, and

23  agencies:

24         (a)  Employees, authorized agents, or contract

25  providers of the department, the Department of Health, the

26  Agency for Persons with Disabilities, or county agencies

27  responsible for carrying out:

28         1.  Child or adult protective investigations;

29         2.  Ongoing child or adult protective services;

30         3.  Healthy Start services; or

31  

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    Florida Senate - 2005                                  SB 2386
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 1         4.  Licensure or approval of adoptive homes, foster

 2  homes, or child care facilities, facilities licensed under

 3  chapter 393, or family day care homes or informal child care

 4  providers who receive subsidized child care funding, or other

 5  homes used to provide for the care and welfare of children.

 6         5.  Services for victims of domestic violence when

 7  provided by certified domestic violence centers working at the

 8  department's request as case consultants or with shared

 9  clients.

10  

11  Also, employees or agents of the Department of Juvenile

12  Justice responsible for the provision of services to children,

13  pursuant to chapters 984 and 985.

14         (h)  Any appropriate official of the department or the

15  Agency for Persons with Disabilities who is responsible for:

16         1.  Administration or supervision of the department's

17  program for the prevention, investigation, or treatment of

18  child abuse, abandonment, or neglect, or abuse, neglect, or

19  exploitation of a vulnerable adult, when carrying out his or

20  her official function;

21         2.  Taking appropriate administrative action concerning

22  an employee of the department or agency who is alleged to have

23  perpetrated child abuse, abandonment, or neglect, or abuse,

24  neglect, or exploitation of a vulnerable adult; or

25         3.  Employing and continuing employment of personnel of

26  the department or agency.

27         Section 2.  Subsection (15) of section 39.502, Florida

28  Statutes, is amended to read:

29         39.502  Notice, process, and service.--

30         (15)  A party who is identified as a person with mental

31  illness or with a developmental disability must be informed by

                                  8

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    Florida Senate - 2005                                  SB 2386
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 1  the court of the availability of advocacy services through the

 2  department, the Agency for Persons with Disabilities

 3  Association for Retarded Citizens, or other appropriate mental

 4  health or developmental disability advocacy groups and

 5  encouraged to seek such services.

 6         Section 3.  Subsection (5) of section 383.14, Florida

 7  Statutes, is amended to read:

 8         383.14  Screening for metabolic disorders, other

 9  hereditary and congenital disorders, and environmental risk

10  factors.--

11         (5)  ADVISORY COUNCIL.--There is established a Genetics

12  and Newborn Screening Advisory Council made up of 15 members

13  appointed by the Secretary of Health.  The council shall be

14  composed of two consumer members, three practicing

15  pediatricians, at least one of whom must be a pediatric

16  hematologist, one representative from each of the four medical

17  schools in the state, the Secretary of Health or his or her

18  designee, one representative from the Department of Health

19  representing Children's Medical Services, one representative

20  from the Florida Hospital Association, one individual with

21  experience in newborn screening programs, one individual

22  representing audiologists, and one representative from the

23  Agency for Persons with Disabilities Developmental

24  Disabilities Program Office of the Department of Children and

25  Family Services. All appointments shall be for a term of 4

26  years.  The chairperson of the council shall be elected from

27  the membership of the council and shall serve for a period of

28  2 years.  The council shall meet at least semiannually or upon

29  the call of the chairperson. The council may establish ad hoc

30  or temporary technical advisory groups to assist the council

31  with specific topics which come before the council. Council

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    Florida Senate - 2005                                  SB 2386
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 1  members shall serve without pay. Pursuant to the provisions of

 2  s. 112.061, the council members are entitled to be reimbursed

 3  for per diem and travel expenses.  It is the purpose of the

 4  council to advise the department about:

 5         (a)  Conditions for which testing should be included

 6  under the screening program and the genetics program.

 7         (b)  Procedures for collection and transmission of

 8  specimens and recording of results.

 9         (c)  Methods whereby screening programs and genetics

10  services for children now provided or proposed to be offered

11  in the state may be more effectively evaluated, coordinated,

12  and consolidated.

13         Section 4.  Section 393.061, Florida Statutes, is

14  repealed.

15         Section 5.  Section 393.062, Florida Statutes, is

16  amended to read:

17         393.062  Legislative findings and declaration of

18  intent.--The Legislature finds and declares that existing

19  state programs for the treatment of individuals who are

20  developmentally disabled, which often unnecessarily place

21  clients in institutions, are unreasonably costly, are

22  ineffective in bringing the individual client to his or her

23  maximum potential, and are in fact debilitating to many a

24  great majority of clients.  A redirection in state treatment

25  programs for individuals who are developmentally disabled is

26  necessary if any significant amelioration of the problems

27  faced by such individuals is ever to take place.  Such

28  redirection should place primary emphasis on programs that

29  have the potential to prevent or reduce the severity of

30  developmental disabilities.  Further, the Legislature declares

31  that greatest priority should shall be given to the

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    Florida Senate - 2005                                  SB 2386
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 1  development and implementation of community-based residential

 2  placements, services, and treatment programs that for

 3  individuals who are developmentally disabled which will enable

 4  such individuals who are developmentally disabled to achieve

 5  their greatest potential for independent and productive

 6  living, which will enable them to live in their own homes or

 7  in residences located in their own communities, and which will

 8  permit them to be diverted or removed from unnecessary

 9  institutional placements. This goal, The Legislature finds

10  that the eligibility criteria for intermediate-care facilities

11  for the developmentally disabled which are specified in the

12  Medicaid state plan in effect on the effective date of this

13  act are essential to the system of residential services. The

14  Legislature declares that the goal of this act, to improve the

15  quality of life of all developmentally disabled persons by the

16  development and implementation of community-based residential

17  placements, services, and treatment, cannot be met without

18  ensuring the availability of community residential

19  opportunities for developmentally disabled persons in the

20  residential areas of this state.  The Legislature, therefore,

21  declares that all persons with developmental disabilities who

22  live in licensed community homes shall have a family living

23  environment comparable to other Floridians.  The Legislature

24  intends that Such residences shall be considered and treated

25  as a functional equivalent of a family unit and not as an

26  institution, business, or boarding home. Therefore, the

27  Legislature declares that, in developing community-based

28  programs and services for individuals who are developmentally

29  disabled, private businesses, not-for-profit corporations,

30  units of local government, and other organizations capable of

31  providing needed services to clients in a cost-efficient

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 1  manner shall be given preference in lieu of operation of

 2  programs directly by state agencies.  Finally, it is the

 3  intent of the Legislature that all caretakers unrelated to

 4  individuals with developmental disabilities receiving care

 5  shall be of good moral character.

 6         Section 6.  Section 393.063, Florida Statutes, is

 7  amended to read:

 8         393.063  Definitions.--For the purposes of this

 9  chapter, the term:

10         (1)  "Agency" means the Agency for Persons with

11  Disabilities established in s. 20.197.

12         (2)  "Autism" means a pervasive, neurologically based

13  developmental disability of extended duration which causes

14  severe learning, communication, and behavior disorders with

15  age of onset during infancy or childhood. Individuals with

16  autism exhibit impairment in reciprocal social interaction,

17  impairment in verbal and nonverbal communication and

18  imaginative ability, and a markedly restricted repertoire of

19  activities and interests.

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

21  symptoms of extended duration which results from damage to the

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

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

24  voluntary muscles. For the purposes of this definition,

25  cerebral palsy does not include those symptoms or impairments

26  resulting solely from a stroke.

27         (4)  "Client" means any person determined eligible by

28  the agency for services under this chapter.

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

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

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

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

 2  right or duty to participate.

 3         (6)  "Comprehensive assessment" means the process used

 4  to determine eligibility for services under this chapter.

 5         (7)  "Comprehensive transitional education program"

 6  means the program established in s. 393.18. a group of jointly

 7  operating centers or units, the collective purpose of which is

 8  to provide a sequential series of educational care, training,

 9  treatment, habilitation, and rehabilitation services to

10  persons who have developmental disabilities and who have

11  severe or moderate maladaptive behaviors. However, nothing in

12  this subsection shall require such programs to provide

13  services only to persons with developmental disabilities. All

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

15  structured residential setting with the primary goal of

16  incorporating the normalization principle to establish

17  permanent residence for persons with maladaptive behaviors in

18  facilities not associated with the comprehensive transitional

19  education program. The staff shall include psychologists and

20  teachers who shall be available to provide services in each

21  component center or unit of the program. The psychologists

22  shall be individuals who are licensed in this state and

23  certified as behavior analysts in this state, or individuals

24  who are certified as behavior analysts pursuant to s. 393.17.

25         (a)  Comprehensive transitional education programs

26  shall include a minimum of two component centers or units, one

27  of which shall be either an intensive treatment and

28  educational center or a transitional training and educational

29  center, which provide services to persons with maladaptive

30  behaviors in the following sequential order:

31  

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 1         1.  Intensive treatment and educational center. This

 2  component is a self-contained residential unit providing

 3  intensive psychological and educational programming for

 4  persons with severe maladaptive behaviors, whose behaviors

 5  preclude placement in a less restrictive environment due to

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

 7         2.  Transitional training and educational center. This

 8  component is a residential unit for persons with moderate

 9  maladaptive behaviors, providing concentrated psychological

10  and educational programming emphasizing a transition toward a

11  less restrictive environment.

12         3.  Community transition residence. This component is a

13  residential center providing educational programs and such

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

15  persons with maladaptive behaviors to avoid regression to more

16  restrictive environments while preparing them for more

17  independent living. Continuous-shift staff shall be required

18  for this component.

19         4.  Alternative living center. This component is a

20  residential unit providing an educational and family living

21  environment for persons with maladaptive behaviors, in a

22  moderately unrestricted setting. Residential staff shall be

23  required for this component.

24         5.  Independent living education center. This component

25  is a facility providing a family living environment for

26  persons with maladaptive behaviors, in a largely unrestricted

27  setting which includes education and monitoring appropriate to

28  support the development of independent living skills.

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

30  comprehensive transitional education program are subject to

31  

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 1  the license issued to the comprehensive transitional education

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

 3         (c)  Comprehensive transitional education programs

 4  shall develop individual education plans for each person with

 5  maladaptive behaviors who receives services therein. Such

 6  individual education plans shall be developed in accordance

 7  with the criteria specified in 20 U.S.C. ss. 401 et seq., and

 8  34 C.F.R. part 300.

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

10  with maladaptive behaviors being provided services in a

11  comprehensive transitional education program exceed 120.

12         (e)  This subsection shall authorize licensure for

13  comprehensive transitional education programs which by July 1,

14  1989:

15         1.  Are in actual operation; or

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

17  which a county or city government has approved zoning allowing

18  for the placement of the facilities described in this

19  subsection, and have registered an intent with the department

20  to operate a comprehensive transitional education program.

21  However, nothing shall prohibit the assignment by such a

22  registrant to another entity at a different site within the

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

24  comprehensive transitional education program and local zoning

25  requirements and provided that each residential facility

26  within the component centers or units of the program

27  authorized under this subparagraph shall not exceed a capacity

28  of 15 persons.

29         (8)  "Day habilitation facility" means any

30  nonresidential facility which provides day habilitation

31  services.

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

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

 3  socialization, and adaptive skills which takes place in a

 4  nonresidential setting, separate from the home or facility in

 5  which the individual resides. Day habilitation services shall

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

 7  her maximum functional level and shall be coordinated with any

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

 9  of care.

10         (10)  "Developmental disability" means a disorder or

11  syndrome that is attributable to retardation, cerebral palsy,

12  autism, spina bifida, or Prader-Willi syndrome and that

13  constitutes a substantial handicap that can reasonably be

14  expected to continue indefinitely.

15         (11)  "Developmental disabilities institution" means a

16  state-owned and state-operated facility, formerly known as a

17  "Sunland Center," providing for the care, habilitation, and

18  rehabilitation of clients with developmental disabilities.

19         (12)  "Direct service provider," also known as

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

21  provisions relating to employment security checks, means a

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

23  individuals with developmental disabilities, or has access to

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

25  property, and is not a relative of such individuals.

26         (13)  "Domicile" means the place where a client legally

27  resides, which place is his or her permanent home. Domicile

28  may be established as provided in s. 222.17. Domicile may not

29  be established in Florida by a minor who has no parent

30  domiciled in Florida, or by a minor who has no legal guardian

31  

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 1  domiciled in Florida, or by any alien not classified as a

 2  resident alien.

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

 4  private business or industry where a small group of persons

 5  with developmental disabilities is employed and receives

 6  training and support services or follow-along services among

 7  nonhandicapped workers.

 8         (13)(15)  "Epilepsy" means a chronic brain disorder of

 9  various causes which is characterized by recurrent seizures

10  due to excessive discharge of cerebral neurons. When found

11  concurrently with retardation, autism, or cerebral palsy,

12  epilepsy is considered a secondary disability for which the

13  client is eligible to receive services to ameliorate this

14  condition pursuant to this chapter.

15         (14)(16)  "Express and informed consent" means consent

16  voluntarily given in writing with sufficient knowledge and

17  comprehension of the subject matter involved to enable the

18  person giving consent to make an understanding and enlightened

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

20  or other form of constraint or coercion.

21         (15)(17)  "Family care program" means the program

22  established in s. 393.068.

23         (18)  "Follow-along services" means those support

24  services provided to persons with developmental disabilities

25  in all supported employment programs and may include, but are

26  not limited to, family support, assistance in meeting

27  transportation and medical needs, employer intervention,

28  performance evaluation, advocacy, replacement, retraining or

29  promotional assistance, or other similar support services.

30         (16)(19)  "Foster care facility" means a residential

31  facility which provides a family living environment including

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 1  supervision and care necessary to meet the physical,

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

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

 4         (17)(20)  "Group home facility" means a residential

 5  facility which provides a family living environment including

 6  supervision and care necessary to meet the physical,

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

 8  such a facility shall be at least 4 but not more than 15

 9  residents. For the purposes of this chapter, group home

10  facilities shall not be considered commercial enterprises.

11         (18)(21)  "Guardian advocate" means a person appointed

12  by a written order of the court to represent a person with

13  developmental disabilities under s. 393.12.

14         (19)(22)  "Habilitation" means the process by which a

15  client is assisted to acquire and maintain those life skills

16  which enable the client to cope more effectively with the

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

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

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

20  formal structured education and treatment.

21         (20)(23)  "High-risk child" means, for the purposes of

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

23  more of the following characteristics:

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

25  physical development.

26         (b)  A child surviving a catastrophic infectious or

27  traumatic illness known to be associated with developmental

28  delay, when funds are specifically appropriated.

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

30  developmental disabilities who requires assistance in meeting

31  the child's developmental needs.

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

 2  associated with developmental disability.

 3         (21)(24)  "Intermediate care facility" means a facility

 4  for the developmentally disabled which is disabled" or

 5  "ICF/DD" means a residential facility licensed and certified

 6  pursuant to part XI of chapter 400.

 7         (25)  "Job coach" means a person who provides

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

 9  developmental disabilities.

10         (22)(26)  "Medical/dental services" means medically

11  necessary those services that which are provided or ordered

12  for a client by a person licensed under pursuant to the

13  provisions of chapter 458, chapter 459, or chapter 466. Such

14  services may include, but are not limited to, prescription

15  drugs, specialized therapies, nursing supervision,

16  hospitalization, dietary services, prosthetic devices,

17  surgery, specialized equipment and supplies, adaptive

18  equipment, and other services as required to prevent or

19  alleviate a medical or dental condition.

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

21  employed by an agency that provides services outside the

22  agency, usually under service contracts.

23         (28)  "Normalization principle" means the principle of

24  letting the client obtain an existence as close to the normal

25  as possible, making available to the client patterns and

26  conditions of everyday life which are as close as possible to

27  the norm and patterns of the mainstream of society.

28         (23)(29)  "Personal services" include, but are not

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

30  supervision of essential activities of daily living for

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

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 1  grooming, and toileting, and other similar services that the

 2  agency may define by rule. "Personal services" shall not be

 3  construed to mean the provision of medical, nursing, dental,

 4  or mental health services by the staff of a facility, except

 5  as provided in this chapter. In addition, an emergency

 6  response device installed in the apartment or living area of a

 7  resident shall not be classified as a personal service.

 8         (24)(30)  "Prader-Willi syndrome" means an inherited

 9  condition typified by neonatal hypotonia with failure to

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

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

12  retardation, hypogonadism, short stature, mild facial

13  dysmorphism, and a characteristic neurobehavior.

14         (25)  "Principles of self-determination" means an

15  individual's freedom to exercise the same rights as all other

16  persons; authority to exercise control over funds needed for

17  one's own support, including the ability to arrange funds by

18  order of priority when necessary; responsibility for the wise

19  use of public funds; and freedom to speak as an advocate for

20  oneself and others who cannot do so in order to gain

21  independence and ensure that all individuals with a

22  developmental disability are treated equally.

23         (26)(31)  "Reassessment" means a process which

24  periodically develops, through annual review and revision of a

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

26  statement of current needs and past development for each

27  client.

28         (27)(32)  "Relative" means an individual who is

29  connected by affinity or consanguinity to the client and who

30  is 18 years of age or more.

31  

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 1         (28)(33)  "Resident" means any person who is

 2  developmentally disabled residing at a residential facility in

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

 4  agency.

 5         (29)(34)  "Residential facility" means a facility

 6  providing room and board and personal care for persons with

 7  developmental disabilities.

 8         (30)(35)  "Residential habilitation" means assistance

 9  provided with acquisition, retention, or improvement in skills

10  related to activities of daily living, such as personal

11  grooming and cleanliness, bedmaking and household chores,

12  eating and the preparation of food, and the social and

13  adaptive skills necessary to enable the individual to reside

14  in a noninstitutional setting.

15         (31)(36)  "Residential habilitation center" means a

16  community residential facility that provides residential

17  habilitation. The capacity of such a facility shall not be

18  fewer than nine residents. After October 1, 1989, no new

19  residential habilitation centers shall be licensed and the

20  licensed capacity shall not be increased for any existing

21  residential habilitation center.

22         (32)(37)  "Respite service" means appropriate,

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

24  developmental disabilities to meet the planned or emergency

25  needs of the person or the family or other direct service

26  provider.

27         (33)(38)  "Retardation" means significantly subaverage

28  general intellectual functioning existing concurrently with

29  deficits in adaptive behavior and manifested during the period

30  from conception to age 18. "Significantly subaverage general

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

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 1  means performance which is two or more standard deviations

 2  from the mean score on a standardized intelligence test

 3  specified in the rules of the agency. "Adaptive behavior," for

 4  the purpose of this definition, means the effectiveness or

 5  degree with which an individual meets the standards of

 6  personal independence and social responsibility expected of

 7  his or her age, cultural group, and community.

 8         (39)  "Severe self-injurious behavior" means any

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

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

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

12  harmful or potentially harmful nutritive or nonnutritive

13  substances.

14         (34)(40)  "Specialized therapies" means those

15  treatments or activities prescribed by and provided by an

16  appropriately trained, licensed, or certified professional or

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

18  therapy, speech therapy, respiratory therapy, occupational

19  therapy, behavior therapy, physical management services, and

20  related specialized equipment and supplies.

21         (35)(41)  "Spina bifida" means, for purposes of this

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

23  cystica or myelomeningocele.

24         (36)(42)  "Support coordinator" means a person who is

25  designated by the agency to assist individuals and families in

26  identifying their capacities, needs, and resources, as well as

27  finding and gaining access to necessary supports and services;

28  coordinating the delivery of supports and services; advocating

29  on behalf of the individual and family; maintaining relevant

30  records; and monitoring and evaluating the delivery of

31  supports and services to determine the extent to which they

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 1  meet the needs and expectations identified by the individual,

 2  family, and others who participated in the development of the

 3  support plan. The decision whether to use the services of a

 4  support coordinator, as well as the frequency, scope, and

 5  intensity of the support coordinator's activities, shall be

 6  determined by the individual or the individual's legal

 7  guardian.

 8         (37)(43)  "Supported employee" means a person who

 9  requires and receives supported employment services in order

10  to maintain community-based employment.

11         (38)(44)  "Supported employment" means employment

12  located or provided in a normal employment setting which

13  provides at least 20 hours employment per week in an

14  integrated work setting, with earnings paid on a commensurate

15  wage basis, and for which continued support is needed for job

16  maintenance.

17         (39)(45)  "Supported living" means a category of

18  individually determined services designed and coordinated in

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

20  require ongoing supports to live as independently as possible

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

22  to participate in community life to the fullest extent

23  possible.

24         (40)(46)  "Training" means a planned approach to

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

26  potential and includes services ranging from sensory

27  stimulation to instruction in skills for independent living

28  and employment.

29         (41)(47)  "Treatment" means the prevention,

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

31  disabilities or illnesses.

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 1         Section 7.  Subsections (1), (2), and (4) of section

 2  393.064, Florida Statutes, are amended to read:

 3         393.064  Prevention.--

 4         (1)  The agency shall give priority to the development,

 5  planning, and implementation of programs which have the

 6  potential to prevent, correct, cure, or reduce the severity of

 7  developmental disabilities. The agency shall direct an

 8  interagency and interprogram effort for the continued

 9  development of a prevention plan and program. The agency shall

10  identify, through demonstration projects, through program

11  evaluation, and through monitoring of programs and projects

12  conducted outside of the agency, any medical, social,

13  economic, or educational methods, techniques, or procedures

14  that have the potential to effectively ameliorate, correct, or

15  cure developmental disabilities. The agency program shall

16  determine the costs and benefits that would be associated with

17  such prevention efforts and shall implement, or recommend the

18  implementation of, those methods, techniques, or procedures

19  which are found likely to be cost-beneficial.

20         (2)  Prevention services provided by the agency shall

21  developmental services program include services to high-risk

22  and developmentally disabled children with developmental

23  disabilities from birth to 5 years of age, and their families,

24  to meet the intent of chapter 411. Except for services for

25  children from birth to 3 years of age which Such services

26  shall include individual evaluations or assessments necessary

27  to diagnose a developmental disability or high-risk condition

28  and to determine appropriate individual family and support

29  services, unless evaluations or assessments are the

30  responsibility of the Division of Children's Medical Services

31  in the Department of Health Prevention and Intervention for

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 1  children ages birth to 3 years eligible for services under

 2  this chapter or part H of the Individuals with Disabilities

 3  Education Act, such services and may include:

 4         (a)  Individual evaluations or assessments that are

 5  necessary to diagnose a developmental disability or high-risk

 6  condition and to determine appropriate individual family and

 7  support services.

 8         (b)(a)  Early intervention services, including

 9  developmental training and specialized therapies. Early

10  intervention services, which are the responsibility of the

11  Division of Children's Medical Services Prevention and

12  Intervention for children ages birth to 3 years who are

13  eligible for services under this chapter or under part H of

14  the Individuals with Disabilities Education Act, shall not be

15  provided through the developmental services program unless

16  funding is specifically appropriated to the developmental

17  services program for this purpose.

18         (c)(b)  Support services, such as respite care, parent

19  education and training, parent-to-parent counseling, homemaker

20  services, and other services which allow families to maintain

21  and provide quality care to children in their homes. The

22  Division of Children's Medical Services Prevention and

23  Intervention is responsible for the provision of services to

24  children from birth to 3 years who are eligible for services

25  under this chapter.

26         (4)  There is created at the Developmental Disabilities

27  services Institution in Gainesville a research and education

28  unit. Such unit shall be named the Raymond C. Philips Research

29  and Education Unit. The functions of such unit shall include:

30         (a)  Research into the etiology of developmental

31  disabilities.

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 1         (b)  Ensuring that new knowledge is rapidly

 2  disseminated throughout the developmental services program of

 3  the agency.

 4         (c)  Diagnosis of unusual conditions and syndromes

 5  associated with developmental disabilities in clients

 6  identified throughout the developmental disabilities services

 7  programs.

 8         (d)  Evaluation of families of clients with

 9  developmental disabilities of genetic origin in order to

10  provide them with genetic counseling aimed at preventing the

11  recurrence of the disorder in other family members.

12         (e)  Ensuring that health professionals in the

13  Developmental Disabilities services Institution at Gainesville

14  have access to information systems that will allow them to

15  remain updated on newer knowledge and maintain their

16  postgraduate education standards.

17         (f)  Enhancing staff training for professionals

18  throughout the agency in the areas of genetics and

19  developmental disabilities.

20         Section 8.  Section 393.0641, Florida Statutes, is

21  amended to read:

22         393.0641  Program for the prevention and treatment of

23  severe self-injurious behavior.--

24         (1)  Contingent upon specific appropriations, there is

25  created a diagnostic, treatment, training, and research

26  program for clients exhibiting severe self-injurious behavior.

27  As used in this section, the term "severe self-injurious

28  behavior" means any chronic behavior that results in injury to

29  the person's own body, including, but not limited to,

30  self-hitting, head banging, self-biting, scratching, and

31  

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 1  ingesting harmful or potentially harmful nutritive or

 2  nonnutritive substances.

 3         (2)  The This program shall:

 4         (a)  Serve as a resource center for information,

 5  training, and program development.

 6         (b)  Research the diagnosis and treatment of severe

 7  self-injurious behavior, and related disorders, and develop

 8  methods of prevention and treatment of self-injurious

 9  behavior.

10         (c)  Identify individuals in critical need.

11         (d)  Develop treatment programs which are meaningful to

12  individuals with developmental disabilities, in critical need,

13  while safeguarding and respecting the legal and human rights

14  of the individuals.

15         (e)  Disseminate research findings on the prevention

16  and treatment of severe self-injurious behavior.

17         (f)  Collect data on the type, severity, incidence, and

18  demographics of individuals with severe self-injurious

19  behavior, and disseminate the data.

20         (3)(2)  The This program shall adhere to the provisions

21  of s. 393.13.

22         (4)(3)  The agency may contract for the provision of

23  any portion or all of the services required by the program.

24         (5)(4)  The agency may has the authority to license

25  this program and shall adopt rules to administer implement the

26  program.

27         Section 9.  Subsections (1) and (4) of section 393.065,

28  Florida Statutes, are amended, and subsection (5) is added to

29  that section, to read:

30         393.065  Application and eligibility determination.--

31  

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

 2  to the agency, in the district in which the applicant resides.

 3  For children younger than 6 years of age, Employees of the

 4  agency's developmental services program shall review each

 5  applicant shall be reviewed for eligibility within 45 days

 6  after the date the application is signed, and for all other

 7  applicants, for children under 6 years of age and within 60

 8  days after the date the application is signed for all other

 9  applicants. When necessary to definitively identify individual

10  conditions or needs, the agency shall provide a comprehensive

11  assessment. Only individuals whose domicile is in Florida are

12  eligible for services. Domicile may be established as provided

13  in s. 222.17. A minor who does not have a parent or legal

14  guardian domiciled in this state or an alien who is not

15  classified as a resident alien may not establish domicile in

16  Florida. Information accumulated by other agencies, including

17  professional reports and collateral data, shall be considered

18  in this process when available.

19         (4)  The agency shall assess the level of need and

20  medical necessity for prospective residents of

21  intermediate-care facilities for the developmentally disabled

22  after October 1, 1999. The agency may enter into an agreement

23  with the Department of Elderly Affairs for its Comprehensive

24  Assessment and Review for Long-Term-Care Services (CARES)

25  program to conduct assessments to determine the level of need

26  and medical necessity for long-term-care services under this

27  chapter. To the extent permissible under federal law, the

28  assessments must be funded under Title XIX of the Social

29  Security Act.

30  

31  

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 1         (5)  The agency may adopt rules specifying application

 2  procedures and eligibility criteria as needed to administer

 3  this section.

 4         Section 10.  Section 393.0651, Florida Statutes, is

 5  amended to read:

 6         393.0651  Family or individual support plan.--The

 7  agency shall provide directly or contract for the development

 8  of a an appropriate family support plan for children ages

 9  birth to 18 years of age and an individual support plan for

10  each client. The parent or guardian of the client or, if

11  competent, the client's parent or guardian the client, or,

12  when appropriate, the client advocate, shall be consulted in

13  the development of the plan and shall receive a copy of the

14  plan. Each plan shall include the most appropriate, least

15  restrictive, and most cost-beneficial environment for

16  accomplishment of the objectives for client progress and a

17  specification of all services authorized. The plan shall

18  include provisions for the most appropriate level of care for

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

20  each client, if when residential care is necessary, the agency

21  shall move toward placement of clients in residential

22  facilities based within the client's community. The ultimate

23  goal of each plan, whenever possible, shall be to enable the

24  client to live a dignified life in the least restrictive

25  setting, be that in the home or in the community. For children

26  under 6 years of age, the family support plan shall be

27  developed within the 45-day application period as specified in

28  s. 393.065(1); for all applicants 6 years of age or older, the

29  family or individual support plan shall be developed within

30  the 60-day period as specified in that subsection.

31  

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 1         (1)  The agency shall develop and specify by rule the

 2  core components of support plans to be used by each district.

 3         (2)(a)  The family or individual support plan shall be

 4  integrated with the individual education plan (IEP) for all

 5  clients who are public school students entitled to a free

 6  appropriate public education under the Individuals with

 7  Disabilities Education Act, I.D.E.A., as amended. The family

 8  or individual support plan and IEP shall be implemented to

 9  maximize the attainment of educational and habilitation goals.

10         (a)  If the IEP for a student enrolled in a public

11  school program indicates placement in a public or private

12  residential program is necessary to provide special education

13  and related services to a client, the local education agency

14  shall provide for the costs of that service in accordance with

15  the requirements of the Individuals with Disabilities

16  Education Act, I.D.E.A., as amended. This shall not preclude

17  local education agencies and the agency from sharing the

18  residential service costs of students who are clients and

19  require residential placement. Under no circumstances shall

20  clients entitled to a public education or their parents be

21  assessed a fee by the agency under s. 393.071 s. 402.33 for

22  placement in a residential program.

23         (b)  For clients who are entering or exiting the school

24  system, an interdepartmental staffing team composed of

25  representatives of the agency and the local school system

26  shall develop a written transitional living and training plan

27  with the participation of the client or with the parent or

28  guardian of the client, or the client advocate, as

29  appropriate.

30  

31  

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 1         (3)  Each family or individual support plan shall be

 2  facilitated through case management designed solely to advance

 3  the individual needs of the client.

 4         (4)  In the development of the family or individual

 5  support plan, a client advocate may be appointed by the

 6  support planning team for a client who is a minor or for a

 7  client who is not capable of express and informed consent

 8  when:

 9         (a)  The parent or guardian cannot be identified;

10         (b)  The whereabouts of the parent or guardian cannot

11  be discovered; or

12         (c)  The state is the only legal representative of the

13  client.

14  

15  Such appointment shall not be construed to extend the powers

16  of the client advocate to include any of those powers

17  delegated by law to a legal guardian.

18         (5)  The agency shall place a client in the most

19  appropriate and least-restrictive least restrictive, and

20  cost-beneficial, residential setting facility according to his

21  or her individual habilitation plan. The parent or guardian of

22  The client or, if competent, the client's parent or guardian

23  client, or, when appropriate, the client advocate, and the

24  administrator of the residential facility to which placement

25  is proposed shall be consulted in determining the appropriate

26  placement for the client. Considerations for placement shall

27  be made in the following order:

28         (a)  Client's own home or the home of a family member

29  or direct service provider.

30         (b)  Foster care facility.

31         (c)  Group home facility.

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 1         (d)  Intermediate care facility for the developmentally

 2  disabled.

 3         (e)  Other facilities licensed by the agency which

 4  offer special programs for people with developmental

 5  disabilities.

 6         (f)  Developmental disabilities services institution.

 7         (6)  In developing a client's annual family or

 8  individual support plan, the individual or family with the

 9  assistance of the support planning team shall identify

10  measurable objectives for client progress and shall specify a

11  time period expected for achievement of each objective.

12  Services that are not having the planned effect or that have

13  produced the maximum benefit shall be reduced or discontinued.

14         (7)  The individual, family, and support coordinator

15  shall review progress in achieving the objectives specified in

16  Each client's family or individual support plan, and shall be

17  reviewed and revised revise the plan annually, following

18  consultation with the client, if competent, or with the parent

19  or guardian of the client, or, when appropriate, the client

20  advocate. The agency shall annually report in writing to the

21  client, if competent, or to the parent or guardian of the

22  client, or to the client advocate, when appropriate, with

23  respect to the client's habilitative and medical progress.

24         (8)  Any client, or any parent of a minor client, or

25  guardian, authorized guardian advocate, or client advocate for

26  a client, who is substantially affected by the client's

27  initial family or individual support plan, or the annual

28  review thereof, shall have the right to file a notice to

29  challenge the decision pursuant to ss. 120.569 and 120.57.

30  Notice of such right to appeal shall be included in all

31  support plans provided by the agency.

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 1         Section 11.  Subsections (1) and (4) of section

 2  393.0655, Florida Statutes, are amended, and subsection (5) is

 3  added to that section, to read:

 4         393.0655  Screening of direct service providers.--

 5         (1)  MINIMUM STANDARDS.--The agency shall require level

 6  2 employment screening pursuant to chapter 435 for direct

 7  service providers who are unrelated to their clients,

 8  including support coordinators, and managers and supervisors

 9  of residential facilities or comprehensive transitional

10  education programs licensed under s. 393.18 s. 393.067 and any

11  other person, including volunteers, who provide care or

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

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

14  Background screening shall include employment history checks

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

16  through local law enforcement agencies.

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

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

19  if the volunteer is under the direct and constant supervision

20  of persons who meet the screening requirements of this

21  section.

22         (b)  Licensed physicians, nurses, or other

23  professionals licensed and regulated by the Department of

24  Health are not subject to background screening pursuant to

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

26  their scope of licensed practice.

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

28  with developmental disabilities and paid by the family or the

29  individual to provide supports or services is not required to

30  have a background screening under this section.

31  

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 1         (d)  Persons residing with the direct services

 2  provider, including family members, are subject to background

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

 4  shall be screened for delinquency records only.

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

 6  EMPLOYED BY A DIRECT SERVICE PROVIDER RESIDENTIAL FACILITY;

 7  HEARINGS PROVIDED.--

 8         (a)  The agency shall deny, suspend, terminate, or

 9  revoke a license or, certification, rate agreement, purchase

10  order, or contract, or pursue other remedies provided in s.

11  393.0673, s. 393.0675, or s. 393.0678 in addition to or in

12  lieu of denial, suspension, termination, or revocation for

13  failure to comply with this section.

14         (b)  When the agency has reasonable cause to believe

15  that grounds for denial or termination of employment exist, it

16  shall notify, in writing, the employer and the person direct

17  service provider affected, stating the specific record which

18  indicates noncompliance with the standards in this section.

19         (c)  The procedures established for hearing under

20  chapter 120 shall be available to the employer and the person

21  affected direct service provider in order to present evidence

22  relating either to the accuracy of the basis of exclusion or

23  to the denial of an exemption from disqualification.

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

25  manager, supervisor, or direct service provider who has been

26  found to be in noncompliance with standards of this section

27  shall result in automatic denial, termination, or revocation

28  of the license, certification, rate agreement, purchase order,

29  or contract, in addition to any other remedies pursued by the

30  agency.

31  

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 1         (5)  RULES.--The agency shall adopt by rule procedures

 2  and timeframes for conducting background screening under this

 3  chapter.

 4         Section 12.  Section 393.0657, Florida Statutes, is

 5  amended to read:

 6         393.0657  Persons not required to be refingerprinted or

 7  rescreened.--Any provision of law to the contrary

 8  notwithstanding, Human resource personnel who have been

 9  fingerprinted or screened pursuant to chapters 393, 394, 397,

10  402, and 409, and teachers who have been fingerprinted

11  pursuant to chapter 1012, who have not been unemployed for

12  more than 90 days thereafter, and who under the penalty of

13  perjury attest to the completion of such fingerprinting or

14  screening and to compliance with the provisions of this

15  section are and the standards for good moral character as

16  contained in such provisions as ss. 110.1127(3), 393.0655(1),

17  394.457(6), 397.451, 402.305(2), and 409.175(6), shall not be

18  required to be refingerprinted or rescreened in order to

19  comply with the any direct service provider screening or

20  fingerprinting requirements of this chapter.

21         Section 13.  Subsections (1), (2), (3), and (8) of

22  section 393.066, Florida Statutes, are amended to read:

23         393.066  Community services and treatment for persons

24  who are developmentally disabled.--

25         (1)  The agency shall plan, develop, organize, and

26  implement its programs of services and treatment for persons

27  who are developmentally disabled to allow clients to live as

28  independently as possible in their own homes or communities

29  and to achieve productive lives as close to normal as

30  possible. All elements of community-based services shall be

31  made available, and eligibility for these services shall be

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 1  consistent across the state. In addition, all purchased

 2  services shall be approved by the agency.

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

 4  provided directly by the agency, when such arrangement is more

 5  cost-efficient than having those services provided directly.

 6  All purchased services must be approved by the agency.

 7         (3)  Community-based services that are medically

 8  necessary to prevent institutionalization shall, to the extent

 9  of available resources, include:

10         (a)  Day habilitation services, including developmental

11  training services.

12         (b)  Family care services.

13         (c)  Guardian advocate referral services.

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

15  services shall not be provided to clients with spina bifida

16  except as specifically appropriated by the Legislature.

17         (e)  Parent training.

18         (f)  Recreation.

19         (g)  Residential services.

20         (h)  Respite services.

21         (i)  Social services.

22         (j)  Specialized therapies.

23         (k)  Supported employment, including enclave, job

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

25         (l)  Supported living.

26         (m)  Training, including behavioral programming.

27         (n)  Transportation.

28         (o)  Other habilitative and rehabilitative services as

29  needed.

30         (8)  The agency may adopt rules governing the

31  availability and purchase of to ensure compliance with federal

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 1  laws or regulations that apply to services provided under

 2  pursuant to this section.

 3         Section 14.  Subsections (1), (5), (6), (7), (8), (9),

 4  (10), (11), (12), (13), (14), (15), (16), and (17) of section

 5  393.067, Florida Statutes, are amended to read:

 6         393.067  Licensure of residential facilities and

 7  comprehensive transitional education programs.--

 8         (1)  The agency shall provide through its licensing

 9  authority and by rule a system of application procedures,

10  provider qualifications, standards, training criteria for

11  meeting standards, and monitoring for residential facilities

12  and comprehensive transitional education programs. The

13  recipient of a license under this section does not have a

14  property right to that license. A license issued under this

15  section is a public trust and a privilege and is not an

16  entitlement. This privilege must guide the finder of fact or

17  trier of law at any administrative proceeding or court action

18  initiated by the agency.

19         (5)  The applicant shall submit evidence which

20  establishes the good moral character of the manager or

21  supervisor of the facility or program and the direct service

22  providers in the facility or program and its component centers

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

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

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

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

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

28  transitional education program which applies for renewal of

29  its license shall submit to the agency a list of direct

30  service providers who have worked on a continuous basis at the

31  applicant facility or program since submitting fingerprints to

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 1  the agency or the Department of Children and Family Services,

 2  identifying those direct service providers for whom a written

 3  assurance of compliance was provided by the agency or

 4  department and identifying those direct service providers who

 5  have recently begun working at the facility or program and are

 6  awaiting the results of the required fingerprint check along

 7  with the date of the submission of those fingerprints for

 8  processing. The agency shall by rule determine the frequency

 9  of requests to the Department of Law Enforcement to run state

10  criminal records checks for such direct service providers

11  except for those direct service providers awaiting the results

12  of initial fingerprint checks for employment at the applicant

13  facility or program. The agency shall review the records of

14  the direct service providers at the applicant facility or

15  program with respect to the crimes specified in s. 393.0655

16  and shall notify the facility or program of its findings. When

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

18  the responsibility of the person being screened, upon request

19  of the agency, to obtain and supply within 30 days the missing

20  disposition information to the agency. Failure to supply the

21  missing information within 30 days or to show reasonable

22  efforts to obtain such information shall result in automatic

23  disqualification.

24         2.  The applicant shall sign an affidavit under penalty

25  of perjury stating that all new direct service providers have

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

27  remaining direct service providers have worked at the

28  applicant facility or program on a continuous basis since

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

30  written assurance of compliance from the agency or department.

31  

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 1         (b)  As a prerequisite for issuance of the initial or

 2  renewal license for to a residential facility or comprehensive

 3  transitional education program, the applicant, manager,

 4  supervisor, and all direct service providers must submit to

 5  background screening as required under s. 393.0655. A license

 6  may not be issued or renewed if the applicant and any of the

 7  managers, supervisors, or direct service providers of the

 8  facility or program have failed the screening required by s.

 9  393.0655.:

10         1.  The applicant shall submit to the agency a complete

11  set of fingerprints, taken by an authorized law enforcement

12  agency or an employee of the agency who is trained to take

13  fingerprints, for the manager, supervisor, or direct service

14  providers of the facility or program;

15         2.  The agency shall submit the fingerprints to the

16  Department of Law Enforcement for state processing and for

17  federal processing by the Federal Bureau of Investigation; and

18         3.  The agency shall review the record of the manager

19  or supervisor with respect to the crimes specified in s.

20  393.0655(1) and shall notify the applicant of its findings.

21  When disposition information is missing on a criminal record,

22  it is the responsibility of the manager or supervisor, upon

23  request of the agency, to obtain and supply within 30 days the

24  missing disposition information to the agency. Failure to

25  supply the missing information within 30 days or to show

26  reasonable efforts to obtain such information shall result in

27  automatic disqualification.

28         (c)  The agency or a residential facility or

29  comprehensive transitional education program may not use the

30  criminal records or juvenile records of a person obtained

31  under this subsection for any purpose other than determining

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 1  if that person meets the minimum standards for good moral

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

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

 4  or juvenile records obtained by the agency or a residential

 5  facility or comprehensive transitional education program for

 6  determining the moral character of a manager, supervisor, or

 7  direct service provider are exempt from s. 119.07(1).

 8         (6)  Each applicant for licensure as an intermediate

 9  care facility for the developmentally disabled must comply

10  with the following requirements:

11         (a)  Upon receipt of a completed, signed, and dated

12  application, the agency shall require background screening, in

13  accordance with the level 2 standards for screening set forth

14  in chapter 435, of the managing employee, or other similarly

15  titled individual who is responsible for the daily operation

16  of the facility, and of the financial officer, or other

17  similarly titled individual who is responsible for the

18  financial operation of the center, including billings for

19  resident care and services.  The applicant must comply with

20  the procedures for level 2 background screening as set forth

21  in chapter 435, as well as the requirements of s. 435.03(3).

22         (b)  The agency may require background screening of any

23  other individual who is an applicant if the agency has

24  probable cause to believe that he or she has been convicted of

25  a crime or has committed any other offense prohibited under

26  the level 2 standards for screening set forth in chapter 435.

27         (c)  Proof of compliance with the level 2 background

28  screening requirements of chapter 435 which has been submitted

29  within the previous 5 years in compliance with any other

30  health care licensure requirements of this state is acceptable

31  in fulfillment of the requirements of paragraph (a).

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 1         (d)  A provisional license may be granted to an

 2  applicant when each individual required by this section to

 3  undergo background screening has met the standards for the

 4  Department of Law Enforcement background check, but the agency

 5  has not yet received background screening results from the

 6  Federal Bureau of Investigation, or a request for a

 7  disqualification exemption has been submitted to the agency as

 8  set forth in chapter 435, but a response has not yet been

 9  issued. A standard license may be granted to the applicant

10  upon the agency's receipt of a report of the results of the

11  Federal Bureau of Investigation background screening for each

12  individual required by this section to undergo background

13  screening which confirms that all standards have been met, or

14  upon the granting of a disqualification exemption by the

15  agency as set forth in chapter 435. Any other person who is

16  required to undergo level 2 background screening may serve in

17  his or her capacity pending the agency's receipt of the report

18  from the Federal Bureau of Investigation. However, the person

19  may not continue to serve if the report indicates any

20  violation of background screening standards and a

21  disqualification exemption has not been requested of and

22  granted by the agency as set forth in chapter 435.

23         (e)  Each applicant must submit to the agency, with its

24  application, a description and explanation of any exclusions,

25  permanent suspensions, or terminations of the applicant from

26  the Medicare or Medicaid programs. Proof of compliance with

27  the requirements for disclosure of ownership and control

28  interests under the Medicaid or Medicare programs shall be

29  accepted in lieu of this submission.

30         (f)  Each applicant must submit to the agency a

31  description and explanation of any conviction of an offense

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 1  prohibited under the level 2 standards of chapter 435 by a

 2  member of the board of directors of the applicant, its

 3  officers, or any individual owning 5 percent or more of the

 4  applicant. This requirement does not apply to a director of a

 5  not-for-profit corporation or organization if the director

 6  serves solely in a voluntary capacity for the corporation or

 7  organization, does not regularly take part in the day-to-day

 8  operational decisions of the corporation or organization,

 9  receives no remuneration for his or her services on the

10  corporation or organization's board of directors, and has no

11  financial interest and has no family members with a financial

12  interest in the corporation or organization, provided that the

13  director and the not-for-profit corporation or organization

14  include in the application a statement affirming that the

15  director's relationship to the corporation satisfies the

16  requirements of this paragraph.

17         (g)  A license may not be granted to an applicant if

18  the applicant or managing employee has been found guilty of,

19  regardless of adjudication, or has entered a plea of nolo

20  contendere or guilty to, any offense prohibited under the

21  level 2 standards for screening set forth in chapter 435,

22  unless an exemption from disqualification has been granted by

23  the agency as set forth in chapter 435.

24         (h)  The agency may deny or revoke licensure if the

25  applicant:

26         1.  Has falsely represented a material fact in the

27  application required by paragraph (e) or paragraph (f), or has

28  omitted any material fact from the application required by

29  paragraph (e) or paragraph (f); or

30  

31  

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 1         2.  Has had prior action taken against the applicant

 2  under the Medicaid or Medicare program as set forth in

 3  paragraph (e).

 4         (i)  An application for license renewal must contain

 5  the information required under paragraphs (e) and (f).

 6         (6)(7)  The applicant shall furnish satisfactory proof

 7  of financial ability to operate and conduct the facility or

 8  program in accordance with the requirements of this chapter

 9  and all adopted rules promulgated hereunder.

10         (7)(8)  The agency shall adopt rules establishing

11  minimum standards for licensure of residential facilities and

12  comprehensive transitional education programs, including rules

13  requiring facilities and programs to train staff to detect and

14  prevent sexual abuse of residents and clients, minimum

15  standards of quality and adequacy of care, and uniform

16  firesafety standards established by the State Fire Marshal

17  which are appropriate to the size of the facility or of the

18  component centers or units of the program.

19         (8)(9)  The agency and the Agency for Health Care

20  Administration, after consultation with the Department of

21  Community Affairs, shall adopt rules for residential

22  facilities under the respective regulatory jurisdiction of

23  each establishing minimum standards for the preparation and

24  annual update of a comprehensive emergency management plan. At

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

26  address emergency evacuation transportation; adequate

27  sheltering arrangements; postdisaster activities, including

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

29  supplies; staffing; emergency equipment; individual

30  identification of residents and transfer of records; and

31  responding to family inquiries. The comprehensive emergency

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 1  management plan for all comprehensive transitional education

 2  programs and for homes serving individuals who have complex

 3  medical conditions is subject to review and approval by the

 4  local emergency management agency. During its review, the

 5  local emergency management agency shall ensure that the agency

 6  and the Department of Community Affairs following agencies, at

 7  a minimum, are given the opportunity to review the plan: the

 8  Agency for Health Care Administration, the Agency for Persons

 9  with Disabilities, and the Department of Community Affairs.

10  Also, appropriate volunteer organizations must be given the

11  opportunity to review the plan. The local emergency management

12  agency shall complete its review within 60 days and either

13  approve the plan or advise the facility of necessary

14  revisions.

15         (9)(10)  The agency may conduct unannounced inspections

16  to determine compliance by residential facilities and

17  comprehensive transitional education programs with the

18  applicable provisions of this chapter and the rules adopted

19  pursuant hereto, including the rules adopted for training

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

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

22  make copies of inspection reports available to the public upon

23  request.

24         (10)(11)  An alternative living center and an

25  independent living education center, as described defined in

26  s. 393.18 s. 393.063, shall be subject to the provisions of s.

27  419.001, except that such centers shall be exempt from the

28  1,000-foot-radius requirement of s. 419.001(2) if:

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

30  manner so that all the component centers of a comprehensive

31  transition education center may be located thereon; or

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

 2  said radius of 1,000 feet.

 3         (11)(12)  Each residential facility or comprehensive

 4  transitional education program licensed by the agency shall

 5  forward annually to the agency a true and accurate sworn

 6  statement of its costs of providing care to clients funded by

 7  the agency.

 8         (12)(13)  The agency may audit the records of any

 9  residential facility or comprehensive transitional education

10  program that it has reason to believe may not be in full

11  compliance with the provisions of this section; provided that,

12  any financial audit of such facility or program shall be

13  limited to the records of clients funded by the agency.

14         (13)(14)  The agency shall establish, for the purpose

15  of control of licensure costs, a uniform management

16  information system and a uniform reporting system with uniform

17  definitions and reporting categories.

18         (14)(15)  Facilities and programs licensed pursuant to

19  this section shall adhere to all rights specified in s.

20  393.13, including those enumerated in s. 393.13(4).

21         (15)(16)  No unlicensed residential facility or

22  comprehensive transitional education program shall receive

23  state funds.  A license for the operation of a facility or

24  program shall not be renewed if the licensee has any

25  outstanding fines assessed pursuant to this chapter wherein

26  final adjudication of such fines has been entered.

27         (16)(17)  The agency shall not be required to contract

28  with new facilities licensed after October 1, 1989, pursuant

29  to this chapter. Pursuant to chapter 287, the agency shall

30  continue to contract within available resources for

31  residential services with facilities licensed prior to October

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 1  1, 1989, if such facilities comply with the provisions of this

 2  chapter and all other applicable laws and regulations.

 3         Section 15.  Subsection (1) of section 393.0673,

 4  Florida Statutes, is amended to read:

 5         393.0673  Denial, suspension, revocation of license;

 6  moratorium on admissions; administrative fines; procedures.--

 7         (1)  The agency may deny, revoke, or suspend a license

 8  or impose an administrative fine, not to exceed $1,000 per

 9  violation per day, for a violation of any provision of s.

10  393.0655 or s. 393.067 or adopted rules adopted pursuant

11  thereto. All hearings shall be held within the county in which

12  the licensee or applicant operates or applies for a license to

13  operate a facility as defined herein.

14         Section 16.  Subsection (1) of section 393.0674,

15  Florida Statutes, is amended to read:

16         393.0674  Penalties.--

17         (1)  It is a misdemeanor of the first degree,

18  punishable as provided in s. 775.082 or s. 775.083, for any

19  person willfully, knowingly, or intentionally to:

20         (a)  Fail, by false statement, misrepresentation,

21  impersonation, or other fraudulent means, to disclose in any

22  application for voluntary or paid employment a material fact

23  used in making a determination as to such person's

24  qualifications to be a direct service provider;

25         (b)  Provide or attempt to provide supports or services

26  with direct service providers who are not in compliance

27  noncompliance with the background screening requirements set

28  forth minimum standards for good moral character as contained

29  in this chapter; or

30         (c)  Use information from the criminal records or

31  central abuse hotline obtained under s. 393.0655, s. 393.066,

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 1  or s. 393.067 for any purpose other than screening that person

 2  for employment as specified in those sections or release such

 3  information to any other person for any purpose other than

 4  screening for employment as specified in those sections.

 5         Section 17.  Subsection (3) of section 393.0675,

 6  Florida Statutes, is amended to read:

 7         393.0675  Injunctive proceedings authorized.--

 8         (3)  The agency may institute proceedings for an

 9  injunction in a court of competent jurisdiction to terminate

10  the operation of a provider of supports or services if such

11  provider has willfully and knowingly refused to comply with

12  the screening requirement for direct service providers or has

13  refused to terminate direct service providers found not to be

14  in compliance with that requirement the requirements for good

15  moral character.

16         Section 18.  Subsections (1) and (11) of section

17  393.0678, Florida Statutes, are amended to read:

18         393.0678  Receivership proceedings.--

19         (1)  The agency may petition a court of competent

20  jurisdiction for the appointment of a receiver for an

21  intermediate care facility for the developmentally disabled, a

22  residential habilitation center, or a group home facility

23  owned and operated by a corporation or partnership when any of

24  the following conditions exist:

25         (a)  Any person is operating a facility without a

26  license and refuses to make application for a license as

27  required by s. 393.067 or, in the case of an intermediate care

28  facility for the developmentally disabled, as required by ss.

29  393.067 and 400.062.

30         (b)  The licensee is closing the facility or has

31  informed the department that it intends to close the facility;

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 1  and adequate arrangements have not been made for relocation of

 2  the residents within 7 days, exclusive of weekends and

 3  holidays, of the closing of the facility.

 4         (c)  The agency determines that conditions exist in the

 5  facility which present an imminent danger to the health,

 6  safety, or welfare of the residents of the facility or which

 7  present a substantial probability that death or serious

 8  physical harm would result therefrom.  Whenever possible, the

 9  agency shall facilitate the continued operation of the

10  program.

11         (d)  The licensee cannot meet its financial obligations

12  to provide food, shelter, care, and utilities. Evidence such

13  as the issuance of bad checks or the accumulation of

14  delinquent bills for such items as personnel salaries, food,

15  drugs, or utilities constitutes prima facie evidence that the

16  ownership of the facility lacks the financial ability to

17  operate the home in accordance with the requirements of this

18  chapter and all rules promulgated thereunder.

19         (11)  Nothing in this section shall be deemed to

20  relieve any owner, operator, or employee of a facility placed

21  in receivership of any civil or criminal liability incurred,

22  or any duty imposed by law, by reason of acts or omissions of

23  the owner, operator, or employee before the appointment of a

24  receiver; nor shall anything contained in this section be

25  construed to suspend during the receivership any obligation of

26  the owner, operator, or employee for payment of taxes or other

27  operating and maintenance expenses of the facility or any

28  obligation of the owner, operator, or employee or any other

29  person for the payment of mortgages or liens.  The owner shall

30  retain the right to sell or mortgage any facility under

31  receivership, subject to the approval of the court which

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 1  ordered the receivership. A receivership imposed under the

 2  provisions of this chapter shall be subject to the Resident

 3  Protection Trust Fund pursuant to s. 400.063.  The owner of a

 4  facility placed in receivership by the court shall be liable

 5  for all expenses and costs incurred by the Resident Protection

 6  Trust Fund which occur as a result of the receivership.

 7         Section 19.  Subsections (1), (3), and (5) of section

 8  393.068, Florida Statutes, are amended to read:

 9         393.068  Family care program.--

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

11  purpose of providing services and support to families and

12  individuals with developmental disabilities in order to

13  maintain the individual in the home environment and avoid

14  costly out-of-home residential placement. Services and support

15  available to families and individuals with developmental

16  disabilities shall emphasize community living and the

17  principles of self-determination and enable individuals with

18  developmental disabilities to enjoy typical lifestyles. One

19  way to accomplish this is to recognize that families are the

20  greatest resource available to individuals who have

21  developmental disabilities and must be supported in their role

22  as primary care givers.

23         (3)  When it is determined by the agency to be more

24  cost-effective and in the best interest of the client to

25  maintain such client in the home of a direct service provider,

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

27  client may enroll the client in the family care program. The

28  direct service provider of a client enrolled in the family

29  care program shall be reimbursed according to a rate schedule

30  set by the agency. In-home subsidies cited in paragraph (1)(d)

31  shall be provided according to s. 393.0695 and are not subject

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 1  to any other payment method or rate schedule provided for in

 2  this section.

 3         (5)  The agency may contract for the provision of any

 4  portion of the services required by the program, except for

 5  in-home subsidies provided under subsection (1) cited in

 6  paragraph (2)(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.

10         Section 20.  Subsection (3) of section 393.0695,

11  Florida Statutes, is amended to read:

12         393.0695  Provision of in-home subsidies.--

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

14  determination of need and must not exceed maximum amounts set

15  by the agency and reassessed by the agency quarterly annually.

16         Section 21.  Subsection (2) of section 393.075, Florida

17  Statutes, is amended to read:

18         393.075  General liability coverage.--

19         (2)  The Division of Risk Management of the Department

20  of Financial Services shall provide coverage through the

21  agency to any person who owns or operates a foster care

22  facility or group home facility solely for the agency, who

23  cares for children placed by developmental disabilities

24  services staff of the agency, and who is licensed pursuant to

25  s. 393.067 to provide such supervision and care in his or her

26  place of residence. The coverage shall be provided from the

27  general liability account of the State Risk Management Trust

28  Fund.  The coverage is limited to general liability claims

29  arising from the provision of supervision and care of children

30  in a foster care facility or group home facility pursuant to

31  an agreement with the agency and pursuant to guidelines

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 1  established through policy, rule, or statute. Coverage shall

 2  be subject to the limits provided in ss. 284.38 and 284.385,

 3  and the exclusions set forth therein, together with other

 4  exclusions as may be set forth in the certificate of coverage

 5  issued by the trust fund. A person covered under the general

 6  liability account pursuant to this subsection shall

 7  immediately notify the Division of Risk Management of the

 8  Department of Financial Services of any potential or actual

 9  claim.

10         Section 22.  Subsection (1), paragraph (a) of

11  subsection (2), paragraph (b) of subsection (3), subsections

12  (4) and (5), paragraph (a) of subsection (6), paragraphs (a)

13  and (c) of subsection (7), paragraphs (d) and (e) of

14  subsection (8), paragraph (b) of subsection (10), paragraph

15  (b) of subsection (12), and subsection (13) of section 393.11,

16  Florida Statutes, are amended to read:

17         393.11  Involuntary admission to residential

18  services.--

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

20  or autistic and requires involuntary admission to residential

21  services provided by the agency, the circuit court of the

22  county in which the person resides shall have jurisdiction to

23  conduct a hearing and enter an order involuntarily admitting

24  the person in order that the person may receive the care,

25  treatment, habilitation, and rehabilitation which the person

26  needs. For the purpose of identifying mental retardation or

27  autism, diagnostic capability shall be established by the

28  agency. The involuntary commitment of a person with

29  retardation or autism who is charged with a felony offense

30  shall be determined in accordance with s. 916.302. Except as

31  

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 1  otherwise specified, the proceedings under this section shall

 2  be governed by the Florida Rules of Civil Procedure.

 3         (2)  PETITION.--

 4         (a)  A petition for involuntary admission to

 5  residential services may be executed by a petitioning

 6  commission. For proposed involuntary admission to residential

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

 8  by a petitioning commission, the agency, the state attorney of

 9  the circuit from which the defendant was committed, or the

10  defendant's attorney.

11         (3)  NOTICE.--

12         (b)  Whenever a motion or petition has been filed

13  pursuant to s. 916.303(2) s. 916.303 to dismiss criminal

14  charges against a defendant with retardation or autism, and a

15  petition is filed to involuntarily admit the defendant to

16  residential services under this section, the notice of the

17  filing of the petition shall also be given to the defendant's

18  attorney and to the state attorney of the circuit from which

19  the defendant was committed.

20         (4)  AGENCY DEVELOPMENTAL SERVICES PARTICIPATION.--

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

22  immediately order the developmental services program of the

23  agency to examine the person being considered for involuntary

24  admission to residential services.

25         (b)  Following an examination, the agency shall file

26  After the developmental services program examines the person,

27  a written report shall be filed with the court not less than

28  10 working days before the date of the hearing. The report

29  shall be served on the petitioner, the person with mental

30  retardation or autism, and the person's attorney at the time

31  the report is filed with the court.

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 1         (c)  The report shall contain the findings of the

 2  agency's developmental services program evaluation and any

 3  recommendations deemed appropriate.

 4         (5)  EXAMINING COMMITTEE.--

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

 6  immediately appoint an examining committee to examine the

 7  person being considered for involuntary admission to

 8  residential services of the developmental services program of

 9  the agency.

10         (b)  The court shall appoint no fewer than three

11  disinterested experts who have demonstrated to the court an

12  expertise in the diagnosis, evaluation, and treatment of

13  persons with mental retardation or autism.  The committee

14  shall include at least one licensed and qualified physician,

15  one licensed and qualified psychologist, and one qualified

16  professional with a minimum of a masters degree in social

17  work, special education, or vocational rehabilitation

18  counseling, to examine the person and to testify at the

19  hearing on the involuntary admission to residential services.

20         (c)  Counsel for the person who is being considered for

21  involuntary admission to residential services and counsel for

22  the petition commission shall have the right to challenge the

23  qualifications of those appointed to the examining committee.

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

25  the agency or be associated with each other in practice or in

26  employer-employee relationships.  Members of the committee

27  shall not have served as members of the petitioning

28  commission.  Members of the committee shall not be employees

29  of the members of the petitioning commission or be associated

30  in practice with members of the commission.

31  

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 1         (e)  The committee shall prepare a written report for

 2  the court.  The report shall explicitly document the extent

 3  that the person meets the criteria for involuntary admission.

 4  The report, and expert testimony, shall include, but not be

 5  limited to:

 6         1.  The degree of the person's mental retardation or

 7  autism;

 8         2.  Whether, because of the person's degree of mental

 9  retardation or autism, the person:

10         a.  Lacks sufficient capacity to give express and

11  informed consent to a voluntary application for services

12  pursuant to s. 393.065;

13         b.  Lacks basic survival and self-care skills to such a

14  degree that close supervision and habilitation in a

15  residential setting is necessary and if not provided would

16  result in a real and present threat of substantial harm to the

17  person's well-being; or

18         c.  Is likely to physically injure others if allowed to

19  remain at liberty.

20         3.  The purpose to be served by residential care;

21         4.  A recommendation on the type of residential

22  placement which would be the most appropriate and least

23  restrictive for the person; and

24         5.  The appropriate care, habilitation, and treatment.

25         (f)  The committee shall file the report with the court

26  not less than 10 working days before the date of the hearing.

27  The report shall be served on the petitioner, the person with

28  mental retardation or autism, and the person's attorney at the

29  time the report is filed with the court.

30         (g)  Members of the examining committee shall receive a

31  reasonable fee to be determined by the court.  The fees are to

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 1  be paid from the general revenue fund of the county in which

 2  the person with mental retardation or autism resided when the

 3  petition was filed.

 4         (h)  The agency shall develop and prescribe by rule one

 5  or more standard forms to be used as a guide for members of

 6  the examining committee.

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

 8         (a)  The person with mental retardation or autism shall

 9  be 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.  In all cases, the attorney

15  shall represent the rights and legal interests of the person

16  with mental retardation or autism, regardless of who may

17  initiate the proceedings or pay the attorney's fee.

18         (7)  HEARING.--

19         (a)  The hearing for involuntary admission shall be

20  conducted, and the order shall be entered, in the county in

21  which the petition is filed person is residing or be as

22  convenient to the person as may be consistent with orderly

23  procedure. The hearing shall be conducted in a physical

24  setting not likely to be injurious to the person's condition.

25         (c)  The court may appoint a general or special

26  magistrate to preside. Except as otherwise specified, the

27  magistrate's proceeding shall be governed by the rule 1.490,

28  Florida Rules of Civil Procedure.

29         (8)  ORDER.--

30         (d)  If an order of involuntary admission to

31  residential services provided by the developmental services

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 1  program of the agency is entered by the court, a copy of the

 2  written order shall be served upon the person, the person's

 3  counsel, the agency, and the state attorney and the person's

 4  defense counsel, if applicable.  The order of involuntary

 5  admission sent to the agency shall also be accompanied by a

 6  copy of the examining committee's report and other reports

 7  contained in the court file.

 8         (e)  Upon receiving the order, the agency shall, within

 9  45 days, provide the court with a copy of the person's family

10  or individual support plan and copies of all examinations and

11  evaluations, outlining the treatment and rehabilitative

12  programs. The agency shall document that the person has been

13  placed in the most appropriate, least restrictive and

14  cost-beneficial residential setting facility. A copy of the

15  family or individual support plan and other examinations and

16  evaluations shall be served upon the person and the person's

17  counsel at the same time the documents are filed with the

18  court.

19         (10)  COMPETENCY.--

20         (b)  The issue of the competency of a person with

21  mental retardation or autism for the purpose of assigning

22  guardianship shall be determined in a separate proceeding

23  according to the procedures and requirements of chapter 744

24  and the Florida Probate Rules. The issue of the competency of

25  a person with mental retardation or autism for the purpose of

26  determining whether the person is competent to proceed in a

27  criminal trial shall be determined in accordance with chapter

28  916.

29         (12)  APPEAL.--

30         (b)  The filing of an appeal by the person with mental

31  retardation or autism shall stay admission of the person into

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 1  residential care.  The stay shall remain in effect during the

 2  pendency of all review proceedings in Florida courts until a

 3  mandate issues.

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

 5  any person involuntarily admitted into residential care to the

 6  developmental services program of the agency, or the person's

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

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

 9  appropriateness of the person's involuntary admission.  Each

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

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

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

13  placement.

14         Section 23.  Section 393.122, Florida Statutes, is

15  amended to read:

16         393.122  Applications for continued residential

17  services.--

18         (1)  If a client is discharged from residential

19  services under the provisions of s. 393.115 this section,

20  application for needed services shall be encouraged.

21         (2)  A No client receiving services from the state

22  department as of July 1, 1977, may not shall be denied

23  continued services due to any change in eligibility

24  requirements by chapter 77-335, Laws of Florida.

25         Section 24.  Subsection (2) of section 393.125, Florida

26  Statutes, is amended to read:

27         393.125  Hearing rights.--

28         (2)  REVIEW OF PROVIDER DECISIONS.--The agency shall

29  adopt rules to establish uniform guidelines for the agency and

30  service providers relevant to termination, suspension, or

31  reduction of client services by the service provider. The

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 1  rules shall ensure the due process rights of service providers

 2  and clients.

 3         Section 25.  Section 393.13, Florida Statutes, is

 4  amended to read:

 5         393.13  Personal Treatment of persons who are

 6  developmentally disabled.--

 7         (1)  SHORT TITLE.--This act shall be known as "The Bill

 8  of Rights of Persons Who are Developmentally Disabled."

 9         (2)  LEGISLATIVE INTENT.--

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

11  of care provided to individuals who are developmentally

12  disabled must be designed to meet the needs of the clients as

13  well as protect the integrity of their legal and human rights.

14         (b)  The Legislature further finds and declares that

15  the design and delivery of treatment and services to persons

16  who are developmentally disabled should be directed by the

17  principles of self-determination normalization and therefore

18  should:

19         1.  Abate the use of large institutions.

20         2.  Continue the development of community-based

21  services which provide reasonable alternatives to

22  institutionalization in settings that are least restrictive to

23  the client.

24         3.  Provide training and education to individuals who

25  are developmentally disabled which will maximize their

26  potential to lead independent and productive lives and which

27  will afford opportunities for outward mobility from

28  institutions.

29         4.  Reduce the use of sheltered workshops and other

30  noncompetitive employment day activities and promote

31  

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 1  opportunities for gainful employment for persons with

 2  developmental disabilities who choose to seek such employment.

 3         (c)  It is the intent of the Legislature that

 4  duplicative and unnecessary administrative procedures and

 5  practices shall be eliminated, and areas of responsibility

 6  shall be clearly defined and consolidated in order to

 7  economically utilize present resources.  Furthermore,

 8  personnel providing services should be sufficiently qualified

 9  and experienced to meet the needs of the clients, and they

10  must be sufficient in number to provide treatment in a manner

11  which is beneficial to the clients.

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

13         1.  To articulate the existing legal and human rights

14  of persons who are developmentally disabled so that they may

15  be exercised and protected. Persons with developmental

16  disabilities shall have all the rights enjoyed by citizens of

17  the state and the United States.

18         2.  To provide a mechanism for the identification,

19  evaluation, and treatment of persons with developmental

20  disabilities.

21         3.  To divert those individuals from institutional

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

23  placed in less costly, more effective community environments

24  and programs.

25         4.  To fund improvements in the program in accordance

26  with the availability of state resources and yearly priorities

27  determined by the Legislature.

28         5.  To ensure that persons with developmental

29  disabilities receive treatment and habilitation which fosters

30  the developmental potential of the individual.

31  

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 1         6.  To provide programs for the proper habilitation and

 2  treatment of persons with developmental disabilities which

 3  shall include, but not be limited to, comprehensive

 4  medical/dental care, education, recreation, specialized

 5  therapies, training, social services, transportation,

 6  guardianship, family care programs, day habilitation services,

 7  and habilitative and rehabilitative services suited to the

 8  needs of the individual regardless of age, degree of

 9  disability, or handicapping condition. No person with

10  developmental disabilities shall be deprived of these

11  enumerated services by reason of inability to pay.

12         7.  To fully effectuate the principles of

13  self-determination normalization principle through the

14  establishment of community services for persons with

15  developmental disabilities as a viable and practical

16  alternative to institutional care at each stage of individual

17  life development. If care in a residential facility or

18  intermediate care facility becomes necessary, it shall be in

19  the least restrictive setting.

20         (e)  It is the clear, unequivocal intent of this act to

21  guarantee individual dignity, liberty, pursuit of happiness,

22  and protection of the civil and legal rights of persons with

23  developmental disabilities.

24         (3)  RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL

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

26  apply to all persons with developmental disabilities, whether

27  or not such persons are clients of the agency.

28         (a)  Persons with developmental disabilities shall have

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

30  right to be free from sexual abuse in residential facilities

31  and intermediate care facilities.

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 1         (b)  Persons with developmental disabilities shall have

 2  the right to religious freedom and practice.  Nothing shall

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

 4  preference and practice.

 5         (c)  Persons with developmental disabilities shall

 6  receive services, within available sources, which protect the

 7  personal liberty of the individual and which are provided in

 8  the least restrictive conditions necessary to achieve the

 9  purpose of treatment.

10         (d)  Persons who are developmentally disabled shall

11  have a right to participate in an appropriate program of

12  quality education and training services, within available

13  resources, regardless of chronological age or degree of

14  disability.  Such persons may be provided with instruction in

15  sex education, marriage, and family planning.

16         (e)  Persons who are developmentally disabled shall

17  have a right to social interaction and to participate in

18  community activities.

19         (f)  Persons who are developmentally disabled shall

20  have a right to physical exercise and recreational

21  opportunities.

22         (g)  Persons who are developmentally disabled shall

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

24  physical, chemical, or mechanical restraint, isolation,

25  excessive medication, abuse, or neglect.

26         (h)  Persons who are developmentally disabled shall

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

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

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

30  having a developmental disability, be excluded from

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

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 1  to discrimination under, any program or activity which

 2  receives public funds, and all prohibitions set forth under

 3  any other statute shall be actionable under this statute.

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

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

 6  in public elections.

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

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

 9  include any person served in a facility licensed pursuant to

10  s. 393.067.

11         (a)  Clients shall have an unrestricted right to

12  communication:

13         1.  Each client shall be allowed to receive, send, and

14  mail sealed, unopened correspondence.  No client's incoming or

15  outgoing correspondence shall be opened, delayed, held, or

16  censored by the facility unless there is reason to believe

17  that it contains items or substances which may be harmful to

18  the client or others, in which case the chief administrator of

19  the facility may direct reasonable examination of such mail

20  and regulate the disposition of such items or substances.

21         2.  Clients in residential facilities and intermediate

22  care facilities shall be afforded reasonable opportunities for

23  telephone communication, to make and receive confidential

24  calls, unless there is reason to believe that the content of

25  the telephone communication may be harmful to the client or

26  others, in which case the chief administrator of the facility

27  may direct reasonable observation and monitoring to the

28  telephone communication.

29         3.  Clients shall have an unrestricted right to

30  visitation subject to reasonable rules of the facility.

31  

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 1  However, nothing in this provision shall be construed to

 2  permit infringement upon other clients' rights to privacy.

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

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

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

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

 7  an appropriately approved behavioral program.  The chief

 8  administrator of the facility may take temporary custody of

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

10  safety reasons.  Custody of such personal effects shall be

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

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

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

14         1.  All money belonging to a client shall be held by

15  the agency as a trustee shall be held in compliance with s.

16  402.17(2).

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

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

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

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

21  Interest so accrued shall be used or conserved for the

22  personal use or benefit of the individual client as provided

23  in s. 402.17(2).

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

25  accounting shall be made of all personal effects and money

26  belonging to the client held by the agency.  All such personal

27  effects and money, including interest, shall be promptly

28  turned over to the client or his or her heirs.

29         (c)  Each client shall receive prompt and appropriate

30  medical treatment and care for physical and mental ailments

31  and for the prevention of any illness or disability. Medical

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 1  treatment shall be consistent with the accepted standards of

 2  medical practice in the community.

 3         1.  Medication shall be administered only at the

 4  written order of a physician. Medication shall not be used as

 5  punishment, for the convenience of staff, as a substitute for

 6  implementation of an individual or family support plan or

 7  behavior modification programming, or in unnecessary or

 8  excessive quantities.

 9         2.  Daily notation of medication received by each

10  client in a residential facility or intermediate care facility

11  shall be kept in the client's record.

12         3.  Periodically, but no less frequently than every 6

13  months, the drug regimen of each client in a residential

14  facility or intermediate care facility shall be reviewed by

15  the attending physician or other appropriate monitoring body,

16  consistent with appropriate standards of medical practice. All

17  prescriptions shall have a termination date.

18         4.  When pharmacy services are provided at any

19  residential facility or intermediate care facility, such

20  services shall be directed or supervised by a professionally

21  competent pharmacist licensed according to the provisions of

22  chapter 465.

23         5.  Pharmacy services shall be delivered in accordance

24  with the provisions of chapter 465.

25         6.  Prior to instituting a plan of experimental medical

26  treatment or carrying out any necessary surgical procedure,

27  express and informed consent shall be obtained from the

28  client, if competent, or the client's parent or legal

29  guardian. Information upon which the client shall make

30  necessary treatment and surgery decisions shall include, but

31  not be limited to:

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 1         a.  The nature and consequences of such procedures.

 2         b.  The risks, benefits, and purposes of such

 3  procedures.

 4         c.  Alternate procedures available.

 5         7.  When the parent or legal guardian of the client is

 6  unknown or unlocatable and the physician is unwilling to

 7  perform surgery based solely on the client's consent, a court

 8  of competent jurisdiction shall hold a hearing to determine

 9  the appropriateness of the surgical procedure. The client

10  shall be physically present, unless the client's medical

11  condition precludes such presence, represented by counsel, and

12  provided the right and opportunity to be confronted with, and

13  to cross-examine, all witnesses alleging the appropriateness

14  of such procedure. In such proceedings, the burden of proof by

15  clear and convincing evidence shall be on the party alleging

16  the appropriateness of such procedures. The express and

17  informed consent of a person described in subparagraph 6. may

18  be withdrawn at any time, with or without cause, prior to

19  treatment or surgery.

20         8.  The absence of express and informed consent

21  notwithstanding, a licensed and qualified physician may render

22  emergency medical care or treatment to any client who has been

23  injured or who is suffering from an acute illness, disease, or

24  condition if, within a reasonable degree of medical certainty,

25  delay in initiation of emergency medical care or treatment

26  would endanger the health of the client.

27         (d)  Each client shall have access to individual

28  storage space for his or her private use.

29         (e)  Each client shall be provided with appropriate

30  physical exercise as prescribed in the client's individual or

31  

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 1  family support plan. Indoor and outdoor facilities and

 2  equipment for such physical exercise shall be provided.

 3         (f)  Each client shall receive humane discipline.

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

 5  program to eliminate bizarre or unusual behaviors without

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

 7  judgment determines that such behaviors are not organically

 8  caused.

 9         1.  Treatment programs involving the use of noxious or

10  painful stimuli shall be prohibited.

11         2.  All alleged violations of this paragraph shall be

12  reported immediately to the chief administrative officer of

13  the facility and or the district administrator, the agency

14  head, and the Florida local advocacy council. A thorough

15  investigation of each incident shall be conducted and a

16  written report of the finding and results of such

17  investigation shall be submitted to the chief administrative

18  officer of the facility or the district administrator and to

19  the agency head within 24 hours after of the occurrence or

20  discovery of the incident.

21         3.  The agency shall adopt by rule a system for the

22  oversight of behavioral programs.  Such system shall establish

23  guidelines and procedures governing the design, approval,

24  implementation, and monitoring of all behavioral programs

25  involving clients.  The system shall ensure statewide and

26  local review by committees of professionals certified as

27  behavior analysts pursuant to s. 393.17.  No behavioral

28  program shall be implemented unless reviewed according to the

29  rules established by the agency under this section. Nothing

30  stated in this section shall prohibit the review of programs

31  by the Florida statewide or local advocacy councils.

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 1         (h)  Each client engaged in work programs which require

 2  compliance with federal wage and hour laws shall be provided

 3  with minimum wage protection and fair compensation for labor

 4  in accordance with the federal wage-per-hour regulations.

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

 6  unnecessary physical, chemical, or mechanical restraint.

 7  Restraints shall be employed only in emergencies or to protect

 8  the client from imminent injury to himself or herself or

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

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

11  habilitative plan.  Restraints shall impose the least possible

12  restrictions consistent with their purpose and shall be

13  removed when the emergency ends.  Restraints shall not cause

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

15  the greatest possible comfort.

16         1.  Mechanical supports used in normative situations to

17  achieve proper body position and balance shall not be

18  considered restraints, but shall be prescriptively designed

19  and applied under the supervision of a qualified professional

20  with concern for principles of good body alignment,

21  circulation, and allowance for change of position.

22         2.  Totally enclosed cribs and barred enclosures shall

23  be considered restraints.

24         3.  Daily reports on the employment of physical,

25  chemical, or mechanical restraints by those specialists

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

27  appropriate chief administrator of the facility, and a monthly

28  summary of such reports shall be relayed to the agency

29  district administrator and the Florida local advocacy council.

30  The reports shall summarize all such cases of restraints, the

31  type used, the duration of usage, and the reasons therefor.

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 1  Districts shall submit districtwide quarterly reports of these

 2  summaries to the state Developmental Disabilities Program

 3  Office.

 4         4.  The agency shall post a copy of the rules adopted

 5  under this section in each living unit of residential

 6  facilities.  A copy of the rules adopted under this section

 7  shall be given to all staff members of licensed facilities and

 8  made a part of all preservice and inservice training programs.

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

10  record shall include data pertaining to admission and such

11  other information as may be required under rules of the

12  agency.

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

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

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

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

17  it shall be released except:

18         a.  The record may be released to physicians,

19  attorneys, and government agencies having need of the record

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

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

22  incompetent.

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

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

25  excluding matters privileged by other provisions of law.

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

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

28  employee of the agency when the administrator of the facility

29  or the director of the agency deems it necessary for the

30  treatment of the client, maintenance of adequate records,

31  compilation of treatment data, or evaluation of programs.

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 1         d.  Information from the records may be used for

 2  statistical and research purposes if the information is

 3  abstracted in such a way to protect the identity of

 4  individuals.

 5         3.  All central records for each client in residential

 6  facilities or intermediate care facilities shall be kept on

 7  uniform forms distributed by the agency.  The central record

 8  shall accurately summarize each client's history and present

 9  condition.

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

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

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

13         (k)  Each client residing in a residential facility or

14  intermediate care facility who is eligible to vote in public

15  elections according to the laws of the state shall have the

16  right to vote.  Facilities operators shall arrange the means

17  to exercise the client's right to vote.

18         (5)  LIABILITY FOR VIOLATIONS.--Any person who violates

19  or abuses any rights or privileges of persons who are

20  developmentally disabled provided by this act shall be liable

21  for damages as determined by law.  Any person who acts in good

22  faith compliance with the provisions of this act shall be

23  immune from civil or criminal liability for actions in

24  connection with evaluation, admission, habilitative

25  programming, education, treatment, or discharge of a client.

26  However, this section shall not relieve any person from

27  liability if such person is guilty of negligence, misfeasance,

28  nonfeasance, or malfeasance.

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

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

31  such person if the person is incompetent, shall promptly

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 1  receive from the agency or the Department of Education a

 2  written copy of this act. Each person with developmental

 3  disabilities able to comprehend shall be promptly informed, in

 4  the language or other mode of communication which such person

 5  understands, of the above legal rights of persons with

 6  developmental disabilities.

 7         (7)  RESIDENT GOVERNMENT.--Each residential facility or

 8  intermediate care facility providing services to clients who

 9  are desirous and capable of participating shall initiate and

10  develop a program of resident government to hear the views and

11  represent the interests of all clients served by the facility.

12  The resident government shall be composed of residents elected

13  by other residents and, staff advisers skilled in the

14  administration of community organizations, and a

15  representative of the Florida local advocacy council. The

16  resident government shall work closely with the Florida local

17  advocacy council and the district administrator to promote the

18  interests and welfare of all residents in the facility.

19         Section 26.  Section 393.135, Florida Statutes, is

20  amended to read:

21         393.135  Sexual misconduct prohibited; reporting

22  required; penalties.--

23         (1)  As used in this section, the term:

24         (a)  "Employee" includes any paid staff member,

25  volunteer, or intern of the agency or the department; any

26  person under contract with the agency or the department; and

27  any person providing care or support to a client on behalf of

28  the agency department or its providers.

29         (b)  "Sexual activity" means:

30         1.  Fondling the genital area, groin, inner thighs,

31  buttocks, or breasts of a person.

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 1         2.  The oral, anal, or vaginal penetration by or union

 2  with the sexual organ of another or the anal or vaginal

 3  penetration of another by any other object.

 4         3.  Intentionally touching in a lewd or lascivious

 5  manner the breasts, genitals, the genital area, or buttocks,

 6  or the clothing covering them, of a person, or forcing or

 7  enticing a person to touch the perpetrator.

 8         4.  Intentionally masturbating in the presence of

 9  another person.

10         5.  Intentionally exposing the genitals in a lewd or

11  lascivious manner in the presence of another person.

12         6.  Intentionally committing any other sexual act that

13  does not involve actual physical or sexual contact with the

14  victim, including, but not limited to, sadomasochistic abuse,

15  sexual bestiality, or the simulation of any act involving

16  sexual activity in the presence of a victim.

17         (c)  "Sexual misconduct" means any sexual activity

18  between an employee and a client to whom the employee renders

19  services, care, or support on behalf of the agency or its

20  providers, or between the employee and another client who

21  lives in the same home as the client to whom the employee is

22  rendering the services, care, or support, regardless of the

23  consent of the client. The term does not include an act done

24  for a bona fide medical purpose or an internal search

25  conducted in the lawful performance of duty by an employee.

26         (2)  An employee who engages in sexual misconduct with

27  an individual with a developmental disability who:

28         (a)  Is in the custody of the department;

29         (b)  Resides in a residential facility, including any

30  comprehensive transitional education program, developmental

31  disabilities services institution, foster care facility, group

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 1  home facility, intermediate care facility for the

 2  developmentally disabled, or residential habilitation center;

 3  or

 4         (c)  Is eligible to receive Receives services from the

 5  agency under this chapter a family care program,

 6  

 7  commits a felony of the second degree, punishable as provided

 8  in s. 775.082, s. 775.083, or s. 775.084. An employee may be

 9  found guilty of violating this subsection without having

10  committed the crime of sexual battery.

11         (3)  The consent of the client to sexual activity is

12  not a defense to prosecution under this section.

13         (4)  This section does not apply to an employee who:

14         (a)  is legally married to the client; or

15         (b)  Has no reason to believe that the person with whom

16  the employee engaged in sexual misconduct is a client

17  receiving services as described in subsection (2).

18         (5)  An employee who witnesses sexual misconduct, or

19  who otherwise knows or has reasonable cause to suspect that a

20  person has engaged in sexual misconduct, shall immediately

21  report the incident to the department's central abuse hotline

22  and to the appropriate local law enforcement agency. Such

23  employee shall also prepare, date, and sign an independent

24  report that specifically describes the nature of the sexual

25  misconduct, the location and time of the incident, and the

26  persons involved. The employee shall deliver the report to the

27  supervisor or program director, who is responsible for

28  providing copies to the agency's local program office and the

29  agency's department's inspector general. The inspector general

30  shall immediately conduct an appropriate administrative

31  investigation, and, if there is probable cause to believe that

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 1  sexual misconduct has occurred, the inspector general shall

 2  notify the state attorney in the circuit in which the incident

 3  occurred.

 4         (6)(a)  Any person who is required to make a report

 5  under this section and who knowingly or willfully fails to do

 6  so, or who knowingly or willfully prevents another person from

 7  doing so, commits a misdemeanor of the first degree,

 8  punishable as provided in s. 775.082 or s. 775.083.

 9         (b)  Any person who knowingly or willfully submits

10  inaccurate, incomplete, or untruthful information with respect

11  to a report required under this section commits a misdemeanor

12  of the first degree, punishable as provided in s. 775.082 or

13  s. 775.083.

14         (c)  Any person who knowingly or willfully coerces or

15  threatens any other person with the intent to alter testimony

16  or a written report regarding an incident of sexual misconduct

17  commits a felony of the third degree, punishable as provided

18  in s. 775.082, s. 775.083, or s. 775.084.

19         (7)  The provisions and penalties set forth in this

20  section are in addition to any other civil, administrative, or

21  criminal action provided by law which may be applied against

22  an employee.

23         Section 27.  Section 393.15, Florida Statutes, is

24  amended to read:

25         393.15  Legislative intent; Community Resources

26  Development Loan Program Trust Fund.--

27         (1)  The Legislature finds and declares that the

28  development of community-based treatment facilities for

29  persons who are developmentally disabled is desirable and

30  recommended and should be encouraged and fostered by the

31  state.  The Legislature further recognizes that the

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 1  development of such facilities is financially difficult for

 2  private individuals, due to initial expenditures required to

 3  adapt existing structures to the special needs of persons who

 4  are developmentally disabled who may be served in

 5  community-based foster care, group home, developmental

 6  training, and supported employment programs. Therefore, it is

 7  the intent of the Legislature intends that the agency by this

 8  act to develop and administer a loan program trust fund to

 9  provide support and encouragement in the establishment of

10  community-based foster care, group home, developmental

11  training, and supported employment programs for persons who

12  are developmentally disabled.

13         (2)  As used in this section, a foster care, group

14  home, developmental training, or supported employment program

15  may not be a for-profit corporation, but may be a nonprofit

16  corporation, partnership, or sole proprietorship.

17         (2)(3)  There is created a Community Resources

18  Development Loan Program in Trust Fund in the State Treasury

19  to be used by the agency for the purpose of granting loans to

20  eligible programs for the initial costs of development of the

21  programs. To be eligible for a loan, a foster home, group

22  home, developmental training program, or supported employment

23  program must:

24         (a)  Serve persons who are developmentally disabled;

25         (b)  Be a nonprofit corporation, partnership, or sole

26  proprietorship; and

27         (c)  Be Loans shall be made only to those facilities

28  which are in compliance with the zoning regulations of the

29  local community.

30         (3)  Loans may be made for the purpose of paying the

31  costs of development or may include structural modification,

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 1  the purchase of equipment and fire and safety devices,

 2  preoperational staff training, and the purchase of insurance.

 3  Such costs may shall not include the actual construction of a

 4  facility and may not be in lieu of payment for the costs of

 5  maintenance, client services, or care that is provided.

 6         (4)  The agency may grant to an eligible program a

 7  lump-sum loan in one payment not to exceed the cost to the

 8  program of providing 2 months' services, care, or maintenance

 9  to each person who is developmentally disabled to be placed in

10  the program by the agency, or the actual cost of firesafety

11  renovations to a facility required by the state, whichever is

12  greater. Loans granted to programs shall not be in lieu of

13  payment for maintenance, services, or care provided, but shall

14  stand separate and distinct.

15         (5)  The agency shall adopt rules, as provided in

16  chapter 120, to determine the criteria standards under which a

17  program is shall be eligible to receive a loan as provided in

18  this section and a methodology criteria for the equitable

19  allocation of loan trust funds when eligible applications

20  exceed the funds available.

21         (6)(5)  Any loan granted by the agency under this

22  section shall be repaid by the program within 5 years, and the

23  amount paid shall be deposited in the agency's Administrative

24  Trust Fund. Money repaid shall be used to fund new loans. A

25  program that operates as a nonprofit corporation meeting the

26  requirements of s. 501(c)(3) of the Internal Revenue Code, and

27  that seeks forgiveness of its loan shall submit to the agency

28  an annual a statement setting forth the service it has

29  provided during the year together with such other information

30  as the agency by rule shall require, and, upon approval of

31  each such annual statement, the agency may shall forgive up to

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 1  20 percent of the principal of any such loan granted after

 2  June 30, 1975.

 3         (7)(6)  If any program that has received a loan under

 4  this section ceases to accept, or provide care, services, or

 5  maintenance to persons placed in the program by the

 6  department, or if such program files papers of bankruptcy, at

 7  that point in time the loan shall become an interest-bearing

 8  loan at the rate of 5 percent per annum on the entire amount

 9  of the initial loan which shall be repaid within a 1-year

10  period from the date on which the program ceases to provide

11  care, services, or maintenance, or files papers in bankruptcy,

12  and the amount of the loan due plus interest shall constitute

13  a lien in favor of the state against all real and personal

14  property of the program. The lien shall be perfected by the

15  appropriate officer of the agency by executing and

16  acknowledging a statement of the name of the program and the

17  amount due on the loan and a copy of the promissory note,

18  which shall be recorded by the agency with the clerk of the

19  circuit court in the county wherein the program is located. If

20  the program has filed a petition for bankruptcy, the agency

21  shall file and enforce the lien in the bankruptcy proceedings.

22  Otherwise, the lien shall be enforced in the manner provided

23  in s. 85.011. All funds received by the agency from the

24  enforcement of the lien shall be deposited in the agency's

25  Administrative Community Resources Development Trust Fund and

26  be used to fund new loans.

27         Section 28.  Section 393.18, Florida Statutes, is

28  created to read:

29         393.18  Comprehensive transitional education

30  program.--A comprehensive transition education program is a

31  group of jointly operating centers or units, the collective

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 1  purpose of which is to provide a sequential series of

 2  educational care, training, treatment, habilitation, and

 3  rehabilitation services to persons who have developmental

 4  disabilities and who have severe or moderate maladaptive

 5  behaviors. However, this section does not require such

 6  programs to provide services only to persons with

 7  developmental disabilities. All such services shall be

 8  temporary in nature and delivered in a structured residential

 9  setting, with the primary goal of incorporating the principle

10  of self-determination in establishing a permanent residence

11  for persons with maladaptive behaviors in facilities that are

12  not associated with the comprehensive transitional education

13  program. The staff shall include psychologists and teachers

14  and shall be available to provide services in each component

15  center or unit of the program. The psychologists must be

16  individuals who are licensed in this state and certified as

17  behavior analysts in this state, or must be individuals who

18  are certified as behavior analysts pursuant to s. 393.17.

19         (1)  Comprehensive transitional education programs

20  shall include a minimum of two component centers or units, one

21  of which must be an intensive treatment and educational center

22  or a transitional training and educational center that

23  provides services to persons with maladaptive behaviors in the

24  following sequential order:

25         (a)  Intensive treatment and educational center. This

26  component is a self-contained residential unit providing

27  intensive psychological and educational programming for

28  persons with severe maladaptive behaviors whose behaviors

29  preclude placement in a less-restrictive environment due to

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

31  

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 1         (b)  Transitional training and educational center. This

 2  component is a residential unit for persons with moderate

 3  maladaptive behaviors which provides concentrated

 4  psychological and educational programming emphasizing a

 5  transition toward a less-restrictive environment.

 6         (c)  Community transition residence. This component is

 7  a residential center providing educational programs and the

 8  support services, training, and care that are needed to assist

 9  persons with maladaptive behaviors avoid regression to

10  more-restrictive environments while preparing them for more

11  independent living. Continuous-shift staff is required for

12  this component.

13         (d)  Alternative living center. This component is a

14  residential unit providing an educational and family living

15  environment for persons with maladaptive behaviors in a

16  moderately unrestricted setting. Residential staff is required

17  for this component.

18         (e)  Independent living education center. This

19  component is a facility providing a family living environment

20  for persons with maladaptive behaviors, in a largely

21  unrestricted setting, which includes education and monitoring

22  appropriate to support the development of independent living

23  skills.

24         (2)  Components of a comprehensive transitional

25  education program are subject to the license issued to a

26  comprehensive transitional education program under s. 393.067

27  and may be located on either single or multiple sites.

28         (3)  A comprehensive transitional education program

29  shall develop an individual education plan for each person

30  with maladaptive behaviors who receives services in the

31  program. The individual education plans must be developed in

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 1  accordance with the criteria specified in 20 U.S.C. ss. 401 et

 2  seq., and 34 C.F.R. part 300.

 3         (4)  The total number of persons with maladaptive

 4  behaviors being provided services in a comprehensive

 5  transitional education program may not at any time exceed 120

 6  residents.

 7         Section 29.  Subsection (2) of section 393.501, Florida

 8  Statutes, is amended to read:

 9         393.501  Rulemaking.--

10         (2)  Such rules shall address the number of facilities

11  on a single parcel or adjacent parcels of land, and in

12  addition, for ICF/MR, the rate and location of facility

13  development and level of care.

14         Section 30.  Subsections (1) and (3) of section

15  393.506, Florida Statutes, are amended to read:

16         393.506  Administration of medication.--

17         (1)  Notwithstanding the provisions of part I of

18  chapter 464, the Nurse Practice Act, unlicensed direct care

19  services staff providing services to persons with

20  developmental disabilities may administer oral, transdermal,

21  inhaled, or topical prescription medications as provided in

22  this section.

23         (a)  For day habilitation facilities programs, as

24  defined in s. 393.063, the director of the facility or program

25  shall designate in writing unlicensed direct care services

26  staff who are eligible to be trained to assist in the

27  administration of or to administer medication.

28         (b)  For intermediate care facilities for the

29  developmentally disabled licensed pursuant to part XI of

30  chapter 400, unlicensed staff designated by the director may

31  

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 1  provide medication assistance under the general supervision of

 2  a registered nurse licensed pursuant to chapter 464.

 3         (3)  The policies and procedures must include, at a

 4  minimum, a requirement for the following provisions:

 5         (a)  Obtaining the An expressed and informed consent of

 6  for each client.

 7         (b)  The director of the facility, program, or provider

 8  to must maintain a copy of the written prescription which

 9  includes, and that prescription must include the name of the

10  medication, the dosage and administration schedule, the reason

11  for the prescription, and the termination date.

12         (c)  Keeping each prescribed medication shall be kept

13  in its original container and in a secure location.

14         Section 31.  Subsection (9) of section 397.405, Florida

15  Statutes, is amended to read:

16         397.405  Exemptions from licensure.--The following are

17  exempt from the licensing provisions of this chapter:

18         (9)  Facilities licensed under chapter 393 which s.

19  393.063 that, in addition to providing services to persons who

20  are developmentally disabled as defined therein, also provide

21  services to persons developmentally at risk as a consequence

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

23  in utero.

24  

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

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

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

28  defined in this chapter or to any substance abuse program

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

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

31  licensed under chapter 458 or chapter 459, a psychologist

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 1  licensed under chapter 490, or a psychotherapist licensed

 2  under chapter 491 who provides substance abuse treatment, so

 3  long as the physician, psychologist, or psychotherapist does

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

 5  service provider and does not provide services to clients

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

 7  requirement necessary to maintain an exempt status under this

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

 9  provided in s. 775.082 or s. 775.083.

10         Section 32.  Subsection (13) of section 400.419,

11  Florida Statutes, is amended to read:

12         400.419  Violations; imposition of administrative

13  fines; grounds.--

14         (13)  The agency shall develop and disseminate an

15  annual list of all facilities sanctioned or fined $5,000 or

16  more for violations of state standards, the number and class

17  of violations involved, the penalties imposed, and the current

18  status of cases. The list shall be disseminated, at no charge,

19  to the Department of Elderly Affairs, the Department of

20  Health, the Department of Children and Family Services, the

21  Agency for Persons with Disabilities, the area agencies on

22  aging, the Florida Statewide Advocacy Council, and the state

23  and local ombudsman councils. The Department of Children and

24  Family Services shall disseminate the list to service

25  providers under contract to the department who are responsible

26  for referring persons to a facility for residency. The agency

27  may charge a fee commensurate with the cost of printing and

28  postage to other interested parties requesting a copy of this

29  list.

30         Section 33.  Subsections (1), (6), (7), and (11) of

31  section 400.960, Florida Statutes, are repealed.

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 1         Section 34.  Paragraph (b) of subsection (5) of section

 2  400.464, Florida Statutes, is amended to read:

 3         400.464  Home health agencies to be licensed;

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

 5         (5)  The following are exempt from the licensure

 6  requirements of this part:

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

 8  either directly or through a contractor with:

 9         1.  The Department of Elderly Affairs.

10         2.  The Department of Health, a community health

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

12  for the purpose of providing environmental assessments, case

13  management, health education, personal care services, family

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

15  monitoring and tracking disease.

16         3.  Services provided to persons who have developmental

17  disabilities, as defined in s. 393.063.

18         4.  Companion and sitter organizations that were

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

20  authorized to provide personal services under s. 393.063 s.

21  393.063(33) under a developmental services provider

22  certificate on January 1, 1999, may continue to provide such

23  services to past, present, and future clients of the

24  organization who need such services, notwithstanding the

25  provisions of this act.

26         5.  The Department of Children and Family Services.

27         Section 35.  Subsection (2) of section 400.967, Florida

28  Statutes, is amended to read:

29         400.967  Rules and classification of deficiencies.--

30         (2)  Pursuant to the intention of the Legislature, the

31  agency, in consultation with the Agency for Persons with

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 1  Disabilities Department of Children and Family Services and

 2  the Department of Elderly Affairs, shall adopt and enforce

 3  rules to administer this part, which shall include reasonable

 4  and fair criteria governing:

 5         (a)  The location and construction of the facility;

 6  including fire and life safety, plumbing, heating, cooling,

 7  lighting, ventilation, and other housing conditions that will

 8  ensure the health, safety, and comfort of residents. The

 9  agency shall establish standards for facilities and equipment

10  to increase the extent to which new facilities and a new wing

11  or floor added to an existing facility after July 1, 2000, are

12  structurally capable of serving as shelters only for

13  residents, staff, and families of residents and staff, and

14  equipped to be self-supporting during and immediately

15  following disasters. The Agency for Health Care Administration

16  shall work with facilities licensed under this part and report

17  to the Governor and the Legislature by April 1, 2000, its

18  recommendations for cost-effective renovation standards to be

19  applied to existing facilities. In making such rules, the

20  agency shall be guided by criteria recommended by nationally

21  recognized, reputable professional groups and associations

22  having knowledge concerning such subject matters. The agency

23  shall update or revise such criteria as the need arises. All

24  facilities must comply with those lifesafety code requirements

25  and building code standards applicable at the time of approval

26  of their construction plans. The agency may require

27  alterations to a building if it determines that an existing

28  condition constitutes a distinct hazard to life, health, or

29  safety. The agency shall adopt fair and reasonable rules

30  setting forth conditions under which existing facilities

31  undergoing additions, alterations, conversions, renovations,

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 1  or repairs are required to comply with the most recent updated

 2  or revised standards.

 3         (b)  The number and qualifications of all personnel,

 4  including management, medical nursing, and other personnel,

 5  having responsibility for any part of the care given to

 6  residents.

 7         (c)  All sanitary conditions within the facility and

 8  its surroundings, including water supply, sewage disposal,

 9  food handling, and general hygiene, which will ensure the

10  health and comfort of residents.

11         (d)  The equipment essential to the health and welfare

12  of the residents.

13         (e)  A uniform accounting system.

14         (f)  The care, treatment, and maintenance of residents

15  and measurement of the quality and adequacy thereof.

16         (g)  The preparation and annual update of a

17  comprehensive emergency management plan. The agency shall

18  adopt rules establishing minimum criteria for the plan after

19  consultation with the Department of Community Affairs. At a

20  minimum, the rules must provide for plan components that

21  address emergency evacuation transportation; adequate

22  sheltering arrangements; postdisaster activities, including

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

24  supplies; staffing; emergency equipment; individual

25  identification of residents and transfer of records; and

26  responding to family inquiries. The comprehensive emergency

27  management plan is subject to review and approval by the local

28  emergency management agency. During its review, the local

29  emergency management agency shall ensure that the following

30  agencies, at a minimum, are given the opportunity to review

31  the plan: the Department of Elderly Affairs, the Agency for

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 1  Persons with Disabilities Department of Children and Family

 2  Services, the Agency for Health Care Administration, and the

 3  Department of Community Affairs. Also, appropriate volunteer

 4  organizations must be given the opportunity to review the

 5  plan. The local emergency management agency shall complete its

 6  review within 60 days and either approve the plan or advise

 7  the facility of necessary revisions.

 8         (h)  Each licensee shall post its license in a

 9  prominent place that is in clear and unobstructed public view

10  at or near the place where residents are being admitted to the

11  facility.

12         Section 36.  Section 402.20, Florida Statutes, is

13  amended to read:

14         402.20  County contracts authorized for services and

15  facilities for in mental health and developmental disabilities

16  retardation areas.--The boards of county commissioners are

17  authorized to provide monetary grants and facilities, and to

18  enter into renewable contracts, for services and facilities,

19  for a period not to exceed 2 years, with public and private

20  hospitals, clinics, and laboratories; other state agencies,

21  departments, or divisions; the state colleges and

22  universities; the community colleges; private colleges and

23  universities; counties; municipalities; towns; townships; and

24  any other governmental unit or nonprofit organization which

25  provides needed facilities for persons with mental illness or

26  developmental disabilities the mentally ill or retarded.

27  These services are hereby declared to be for a public and

28  county purpose.  The county commissioners may make periodic

29  inspections to assure that the services or facilities provided

30  under this chapter meet the standards of the Department of

31  

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 1  Children and Family Services and the Agency for Persons with

 2  Disabilities.

 3         Section 37.  Section 402.22, Florida Statutes, is

 4  amended to read:

 5         402.22  Education program for students who reside in

 6  residential care facilities operated by the Department of

 7  Children and Family Services.--

 8         (1)(a)  The Legislature recognizes that the Department

 9  of Children and Family Services and the Agency for Persons

10  with Disabilities have under their has under its residential

11  care students with critical problems of physical impairment,

12  emotional disturbance, mental impairment, and learning

13  impairment.

14         (b)  The Legislature recognizes the vital role of

15  education in the rehabilitation of such students.  It is the

16  intent of the Legislature that all such students benefit from

17  educational services and receive such services.

18         (c)  It is the intent of the Legislature that

19  educational services be coordinated with appropriate and

20  existing diagnostic and evaluative, social, followup, and

21  other therapeutic services of the department and agency of

22  Children and Family Services so that the effect of the total

23  rehabilitation process is maximized.

24         (d)  It is the intent of the Legislature that, as

25  educational programs for students in residential care

26  facilities are implemented by the district school board,

27  educational personnel in the Department of Children and Family

28  Services residential care facilities who meet the

29  qualifications for employees of the district school board be

30  employed by the district school board.

31  

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 1         (2)  District school boards shall establish educational

 2  programs for all students ages 5 through 18 who are under the

 3  residential care of the Department of Children and Family

 4  Services or the Agency for Persons with Disabilities and may

 5  provide programs for students below age 3 as provided for in

 6  s. 1003.21(1)(e). Funding of such programs shall be pursuant

 7  to s. 1011.62.

 8         (3)  Notwithstanding any provisions of chapters 39,

 9  393, 394, and 397 to the contrary, the services of the

10  Department of Children and Family Services, the Agency for

11  Persons with Disabilities, and those of the Department of

12  Education, and district school boards shall be mutually

13  supportive and complementary of each other. The education

14  programs provided by the district school board shall meet the

15  standards prescribed by the State Board of Education and the

16  district school board. Decisions regarding the design and

17  delivery of Department of Children and Family Services

18  treatment or habilitative services provided by the department

19  or agency shall be made by interdisciplinary teams of

20  professional and paraprofessional staff of which appropriate

21  district school system administrative and instructional

22  personnel shall be invited to be participating members.  The

23  requirements for maintenance of confidentiality as prescribed

24  in chapters 39, 393, 394, and 397 shall be applied to

25  information used by such interdisciplinary teams, and such

26  information shall be exempt from the provisions of ss.

27  119.07(1) and 286.011.

28         (4)  Students age 18 and under who are under the

29  residential care of the Department of Children and Family

30  Services or the Agency for Persons with Disabilities and who

31  receive an education program shall be calculated as full-time

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 1  equivalent student membership in the appropriate cost factor

 2  as provided for in s. 1011.62(1)(c). Residential care

 3  facilities of the Department of Children and Family Services

 4  shall include, but not be limited to, developmental

 5  disabilities services institutions and state mental health

 6  facilities.  All students shall receive their education

 7  program from the district school system, and funding shall be

 8  allocated through the Florida Education Finance Program for

 9  the district school system.

10         (5)  Instructional and special educational services

11  that which are provided to mental health and retardation

12  clients with mental illness or developmental disabilities of

13  in the Department of Children and Family Services residential

14  care facilities of the department or the agency by local

15  school districts may shall not be less than 180 days or 900

16  hours; however, the 900 hours may be distributed over a

17  12-month period, unless otherwise stated in rules developed by

18  the State Board of Education, with the concurrence of the

19  department or agency, and adopted of Children and Family

20  Services promulgated pursuant to subsection (6).

21         (6)  The State Board of Education, and the Department

22  of Children and Family Services, and the Agency for Persons

23  with Disabilities may adopt shall have the authority to

24  promulgate rules to which shall assist in the orderly transfer

25  of the instruction of students from Department of Children and

26  Family Services residential care facilities of the department

27  or agency to the district school system or to the public

28  education agency and to which shall assist in implementing the

29  specific intent as stated in this act.

30         (7)  Notwithstanding the provisions of s.

31  1001.42(4)(n), the educational program at the Marianna Sunland

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 1  Center in Jackson County shall be operated by the Department

 2  of Education, either directly or through grants or contractual

 3  agreements with other public educational agencies.  The annual

 4  state allocation to any such agency shall be computed pursuant

 5  to s. 1011.62(1), (2), and (5) and allocated in the amount

 6  that would have been provided the local school district in

 7  which the residential facility is located.

 8         Section 38.  Paragraph (s) of subsection (3) of section

 9  408.036, Florida Statutes, is amended to read:

10         408.036  Projects subject to review; exemptions.--

11         (3)  EXEMPTIONS.--Upon request, the following projects

12  are subject to exemption from the provisions of subsection

13  (1):

14         (s)  For beds in state developmental disabilities

15  services institutions as defined in s. 393.063.

16         Section 39.  Paragraph (a) of subsection (2) and

17  subsection (8) of section 409.908, are amended to read:

18         409.908  Reimbursement of Medicaid providers.--Subject

19  to specific appropriations, the agency shall reimburse

20  Medicaid providers, in accordance with state and federal law,

21  according to methodologies set forth in the rules of the

22  agency and in policy manuals and handbooks incorporated by

23  reference therein.  These methodologies may include fee

24  schedules, reimbursement methods based on cost reporting,

25  negotiated fees, competitive bidding pursuant to s. 287.057,

26  and other mechanisms the agency considers efficient and

27  effective for purchasing services or goods on behalf of

28  recipients. If a provider is reimbursed based on cost

29  reporting and submits a cost report late and that cost report

30  would have been used to set a lower reimbursement rate for a

31  rate semester, then the provider's rate for that semester

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 1  shall be retroactively calculated using the new cost report,

 2  and full payment at the recalculated rate shall be effected

 3  retroactively. Medicare-granted extensions for filing cost

 4  reports, if applicable, shall also apply to Medicaid cost

 5  reports. Payment for Medicaid compensable services made on

 6  behalf of Medicaid eligible persons is subject to the

 7  availability of moneys and any limitations or directions

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

 9  Further, nothing in this section shall be construed to prevent

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

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

12  making any other adjustments necessary to comply with the

13  availability of moneys and any limitations or directions

14  provided for in the General Appropriations Act, provided the

15  adjustment is consistent with legislative intent.

16         (2)(a)1.  Reimbursement to nursing homes licensed under

17  part II of chapter 400 and state-owned-and-operated

18  intermediate care facilities for the developmentally disabled

19  licensed under part XI of chapter 400 chapter 393 must be made

20  prospectively.

21         2.  Unless otherwise limited or directed in the General

22  Appropriations Act, reimbursement to hospitals licensed under

23  part I of chapter 395 for the provision of swing-bed nursing

24  home services must be made on the basis of the average

25  statewide nursing home payment, and reimbursement to a

26  hospital licensed under part I of chapter 395 for the

27  provision of skilled nursing services must be made on the

28  basis of the average nursing home payment for those services

29  in the county in which the hospital is located. When a

30  hospital is located in a county that does not have any

31  community nursing homes, reimbursement shall must be

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 1  determined by averaging the nursing home payments, in counties

 2  that surround the county in which the hospital is located.

 3  Reimbursement to hospitals, including Medicaid payment of

 4  Medicare copayments, for skilled nursing services shall be

 5  limited to 30 days, unless a prior authorization has been

 6  obtained from the agency. Medicaid reimbursement may be

 7  extended by the agency beyond 30 days, and approval must be

 8  based upon verification by the patient's physician that the

 9  patient requires short-term rehabilitative and recuperative

10  services only, in which case an extension of no more than 15

11  days may be approved. Reimbursement to a hospital licensed

12  under part I of chapter 395 for the temporary provision of

13  skilled nursing services to nursing home residents who have

14  been displaced as the result of a natural disaster or other

15  emergency may not exceed the average county nursing home

16  payment for those services in the county in which the hospital

17  is located and is limited to the period of time which the

18  agency considers necessary for continued placement of the

19  nursing home residents in the hospital.

20         (8)  A provider of home-based or community-based

21  services rendered pursuant to a federally approved waiver

22  shall be reimbursed based on an established or negotiated rate

23  for each service. These rates shall be established according

24  to an analysis of the expenditure history and prospective

25  budget developed by each contract provider participating in

26  the waiver program, or under any other methodology adopted by

27  the agency and approved by the Federal Government in

28  accordance with the waiver. Effective July 1, 1996, Privately

29  owned and operated community-based residential facilities

30  which meet agency requirements and which formerly received

31  Medicaid reimbursement for the optional intermediate care

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 1  facility for the mentally retarded service may participate in

 2  the developmental services waiver as part of a

 3  home-and-community-based continuum of care for Medicaid

 4  recipients who receive waiver services.

 5         Section 40.  Subsection (3) of section 409.9127,

 6  Florida Statutes, is amended to read:

 7         409.9127  Preauthorization and concurrent utilization

 8  review; conflict-of-interest standards.--

 9         (3)  The agency shall help the Agency for Persons with

10  Disabilities Department of Children and Family Services meet

11  the requirements of s. 393.065(4). Only admissions approved

12  pursuant to such assessments are eligible for reimbursement

13  under this chapter.

14         Section 41.  Paragraph (c) of subsection (2) and

15  subsection (5) of section 411.224, Florida Statutes, are

16  amended to read:

17         411.224  Family support planning process.--The

18  Legislature establishes a family support planning process to

19  be used by the Department of Children and Family Services as

20  the service planning process for targeted individuals,

21  children, and families under its purview.

22         (2)  To the extent possible within existing resources,

23  the following populations must be included in the family

24  support planning process:

25         (c)  Children from birth through age 5 who are served

26  by the Agency for Persons with Disabilities Developmental

27  Disabilities Program Office of the Department of Children and

28  Family Services.

29         (5)  There must be only a single-family support plan to

30  address the problems of the various family members unless the

31  family requests that an individual family support plan be

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 1  developed for different members of that family. The family

 2  support plan must replace individual habilitation plans for

 3  children from birth through 5 years old who are served by the

 4  Agency for Persons with Disabilities Developmental

 5  Disabilities Program Office of the Department of Children and

 6  Family Services. To the extent possible, the family support

 7  plan must replace other case-planning forms used by the

 8  Department of Children and Family Services.

 9         Section 42.  Subsection (4) of section 411.232, Florida

10  Statutes, is amended to read:

11         411.232  Children's Early Investment Program.--

12         (4)  RULES FOR IMPLEMENTATION.--The Department of

13  Health and Rehabilitative Services shall adopt rules necessary

14  to administer implement this section.

15         Section 43.  Subsection (15) of section 415.102,

16  Florida Statutes, is amended to read:

17         415.102  Definitions of terms used in ss.

18  415.101-415.113.--As used in ss. 415.101-415.113, the term:

19         (15)  "Neglect" means the failure or omission on the

20  part of the caregiver or vulnerable adult to provide the care,

21  supervision, and services necessary to maintain the physical

22  and mental health of the vulnerable adult, including, but not

23  limited to, food, clothing, medicine, shelter, supervision,

24  and medical services, that a prudent person would consider

25  essential for the well-being of a vulnerable adult. The term

26  "neglect" also means the failure of a caregiver or vulnerable

27  adult to make a reasonable effort to protect a vulnerable

28  adult from abuse, neglect, or exploitation by others.

29  "Neglect" is repeated conduct or a single incident of

30  carelessness which produces or could reasonably be expected to

31  

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 1  result in serious physical or psychological injury or a

 2  substantial risk of death.

 3         Section 44.  Section 415.1035, Florida Statutes, is

 4  amended to read:

 5         415.1035  Facility's duty to inform residents of their

 6  right to report abusive, neglectful, or exploitive

 7  practices.--The department shall work cooperatively with the

 8  Agency for Health Care Administration, the Agency for Persons

 9  with Disabilities, and the Department of Elderly Affairs to

10  ensure that every facility that serves vulnerable adults

11  informs residents of their right to report abusive,

12  neglectful, or exploitive practices. Each facility must

13  establish appropriate policies and procedures to facilitate

14  such reporting.

15         Section 45.  Subsection (1) of section 415.1051,

16  Florida Statutes, is amended to read:

17         415.1051  Protective services interventions when

18  capacity to consent is lacking; nonemergencies; emergencies;

19  orders; limitations.--

20         (1)  NONEMERGENCY PROTECTIVE SERVICES

21  INTERVENTIONS.--If the department has reasonable cause to

22  believe that a vulnerable adult or a vulnerable adult in need

23  of services is being abused, neglected, or exploited and is in

24  need of protective services but lacks the capacity to consent

25  to protective services, the department shall petition the

26  court for an order authorizing the provision of protective

27  services.

28         (a)  Nonemergency protective services petition.--The

29  petition must state the name, age, and address of the

30  vulnerable adult, allege specific facts sufficient to show

31  that the vulnerable adult is in need of protective services

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 1  and lacks the capacity to consent to them, and indicate the

 2  services needed.

 3         (b)  Notice.--Notice of the filing of the petition and

 4  a copy of the petition must be given to the vulnerable adult,

 5  to that person's spouse, guardian, and legal counsel, and,

 6  when known, to the adult children or next of kin of the

 7  vulnerable adult.  Such notice must be given at least 5 days

 8  before the hearing.

 9         (c)  Hearing.--

10         1.  The court shall set the case for hearing within 14

11  days after the filing of the petition.  The vulnerable adult

12  and any person given notice of the filing of the petition have

13  the right to be present at the hearing. The department must

14  make reasonable efforts to ensure the presence of the

15  vulnerable adult at the hearing.

16         2.  The vulnerable adult has the right to be

17  represented by legal counsel at the hearing. The court shall

18  appoint legal counsel to represent a vulnerable adult who is

19  without legal representation.

20         3.  The court shall determine whether:

21         a.  Protective services, including in-home services,

22  are necessary.

23         b.  The vulnerable adult lacks the capacity to consent

24  to the provision of such services.

25         (d)  Hearing findings.--If at the hearing the court

26  finds by clear and convincing evidence that the vulnerable

27  adult is in need of protective services and lacks the capacity

28  to consent, the court may issue an order authorizing the

29  provision of protective services.  If an order for protective

30  services is issued, it must include a statement of the

31  services to be provided and designate an individual or agency

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 1  to be responsible for performing or obtaining the essential

 2  services on behalf of the vulnerable adult or otherwise

 3  consenting to protective services on behalf of the vulnerable

 4  adult.

 5         (e)  Continued protective services.--

 6         1.  No more than 60 days after the date of the order

 7  authorizing the provision of protective services, the

 8  department shall petition the court to determine whether:

 9         a.  Protective services will be continued with the

10  consent of the vulnerable adult pursuant to subsection (1);

11         b.  Protective services will be continued for the

12  vulnerable adult who lacks capacity;

13         c.  Protective services will be discontinued; or

14         d.  A petition for guardianship should be filed

15  pursuant to chapter 744.

16         2.  If the court determines that a petition for

17  guardianship should be filed pursuant to chapter 744, the

18  court, for good cause shown, may order continued protective

19  services until it makes a determination regarding capacity is

20  made.

21         (f)  Costs.--The costs of services ordered under this

22  section must be paid by the perpetrator if the perpetrator is

23  financially able to do so; or by third-party reimbursement, if

24  available.  If the vulnerable adult is unable to pay for

25  guardianship, application may be made to the public guardian

26  for public guardianship services, if available.

27         Section 46.  Subsections (1) and (10) of section

28  415.1055, Florida Statutes, are amended to read:

29         415.1055  Notification to administrative entities.--

30         (1)  Upon receipt of a report that alleges that an

31  employee or agent of the department, the Agency for Persons

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 1  with Disabilities, or the Department of Elderly Affairs,

 2  acting in an official capacity, has committed an act of abuse,

 3  neglect, or exploitation, the department shall notify the

 4  state attorney in whose circuit the abuse, neglect, or

 5  exploitation occurred. This notification may be oral or

 6  written.

 7         (10)  When a report has been received and the

 8  department has reason to believe that a vulnerable adult

 9  resident of a facility licensed by the Agency for Health Care

10  Administration or the Agency for Persons with Disabilities has

11  been the victim of abuse, neglect, or exploitation, the

12  department shall provide a copy of its investigation to the

13  appropriate agency. If the investigation determines that a

14  health professional licensed or certified under the Department

15  of Health may have abused, neglected, or exploited a

16  vulnerable adult, the department shall also provide a copy to

17  the Department of Health.

18         Section 47.  Paragraphs (a) and (h) of subsection (3)

19  of section 415.107, Florida Statutes, are amended to read:

20         415.107  Confidentiality of reports and records.--

21         (3)  Access to all records, excluding the name of the

22  reporter which shall be released only as provided in

23  subsection (6), shall be granted only to the following

24  persons, officials, and agencies:

25         (a)  Employees or agents of the department, of the

26  Agency for Health Care Administration, the Agency for Persons

27  with Disabilities, or of the Department of Elderly Affairs who

28  are responsible for carrying out protective investigations,

29  ongoing protective services, or licensure or approval of

30  nursing homes, assisted living facilities, adult day care

31  centers, adult family-care homes, home care for the elderly,

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 1  hospices, or other facilities used for the placement of

 2  vulnerable adults.

 3         (h)  Any appropriate official of the department, the

 4  Agency for Persons with Disabilities, of the Agency for Health

 5  Care Administration, or of the Department of Elderly Affairs

 6  who is responsible for:

 7         1.  Administration or supervision of the programs for

 8  the prevention, investigation, or treatment of abuse, neglect,

 9  or exploitation of vulnerable adults when carrying out an

10  official function; or

11         2.  Taking appropriate administrative action concerning

12  an employee alleged to have perpetrated abuse, neglect, or

13  exploitation of a vulnerable adult in an institution.

14         Section 48.  Subsections (1), (2), (3), and (6) of

15  section 419.001, Florida Statutes, are amended to read:

16         419.001  Site selection of community residential

17  homes.--

18         (1)  For the purposes of this section, the term

19  following definitions shall apply:

20         (a)  "Agency" means the Agency for Persons with

21  Disabilities.

22         (b)(a)  "Community residential home" means a dwelling

23  unit licensed to serve clients of the Department of Children

24  and Family Services or the Agency for Persons with

25  Disabilities, which provides a living environment for 7 to 14

26  unrelated residents who operate as the functional equivalent

27  of a family, including such supervision and care by supportive

28  staff as may be necessary to meet the physical, emotional, and

29  social needs of the residents.

30         (c)(b)  "Department" means the Department of Children

31  and Family Services.

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 1         (d)(c)  "Local government" means a county as set forth

 2  in chapter 7 or a municipality incorporated under the

 3  provisions of chapter 165.

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

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

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

 7  developmentally disabled person with a developmental

 8  disability as defined in s. 393.063; a nondangerous mentally

 9  ill person with mental illness as defined in s. 394.455 s.

10  394.455(18); or a child as defined in s. 39.01(14), s.

11  984.03(9) or (12), or s. 985.03(8).

12         (f)(e)  "Sponsoring agency" means an agency or unit of

13  government, a profit or nonprofit agency, or any other person

14  or organization which intends to establish or operate a

15  community residential home.

16         (2)  Homes of six or fewer residents which otherwise

17  meet the definition of a community residential home shall be

18  deemed a single-family unit and a noncommercial, residential

19  use for the purpose of local laws and ordinances.  Homes of

20  six or fewer residents which otherwise meet the definition of

21  a community residential home shall be allowed in single-family

22  or multifamily zoning without approval by the local

23  government, provided that such homes shall not be located

24  within a radius of 1,000 feet of another existing such home

25  with six or fewer residents.  Such homes with six or fewer

26  residents shall not be required to comply with the

27  notification provisions of this section; provided, however,

28  that the sponsoring agency or the department notifies the

29  local government at the time of home occupancy that the home

30  is licensed by the department or agency.

31  

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 1         (3)(a)  When a site for a community residential home

 2  has been selected by a sponsoring agency in an area zoned for

 3  multifamily, the sponsoring agency shall notify the chief

 4  executive officer of the local government in writing and

 5  include in such notice the specific address of the site, the

 6  residential licensing category, the number of residents, and

 7  the community support requirements of the program.  Such

 8  notice shall also contain a statement from the district

 9  administrator of the department indicating the need for and

10  the licensing status of the proposed community residential

11  home and specifying how the home meets applicable licensing

12  criteria for the safe care and supervision of the clients in

13  the home. The department and agency district administrator

14  shall also provide to the local government the most recently

15  published data compiled that identifies all community

16  residential homes in the department's district in which the

17  proposed site is to be located.  The local government shall

18  review the notification of the sponsoring agency in accordance

19  with the zoning ordinance of the jurisdiction.

20         (b)  Pursuant to such review, the local government may:

21         1.  Determine that the siting of the community

22  residential home is in accordance with local zoning and

23  approve the siting. If the siting is approved, the sponsoring

24  agency may establish the home at the site selected.

25         2.  Fail to respond within 60 days.  If the local

26  government fails to respond within such time, the sponsoring

27  agency may establish the home at the site selected.

28         3.  Deny the siting of the home.

29         (c)  The local government shall not deny the siting of

30  a community residential home unless the local government

31  establishes that the siting of the home at the site selected:

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 1         1.  Does not otherwise conform to existing zoning

 2  regulations applicable to other multifamily uses in the area.

 3         2.  Does not meet applicable licensing criteria

 4  established and determined by the department or agency,

 5  including requirements that the home be located to assure the

 6  safe care and supervision of all clients in the home.

 7         3.  Would result in such a concentration of community

 8  residential homes in the area in proximity to the site

 9  selected, or would result in a combination of such homes with

10  other residences in the community, such that the nature and

11  character of the area would be substantially altered.  A home

12  that is located within a radius of 1,200 feet of another

13  existing community residential home in a multifamily zone

14  shall be an overconcentration of such homes that substantially

15  alters the nature and character of the area.  A home that is

16  located within a radius of 500 feet of an area of

17  single-family zoning substantially alters the nature and

18  character of the area.

19         (6)  The department or agency may shall not issue a

20  license to a sponsoring agency for operation of a community

21  residential home if the sponsoring agency does not notify the

22  local government of its intention to establish a program, as

23  required by subsection (3). A license issued without

24  compliance with the provisions of this section shall be

25  considered null and void, and continued operation of the home

26  may be enjoined.

27         Section 49.  Paragraph (a) of subsection (3) of section

28  435.03, Florida Statutes, is amended to read:

29         435.03  Level 1 screening standards.--

30         (3)  Standards must also ensure that the person:

31  

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 1         (a)  For employees and employers licensed or registered

 2  pursuant to chapter 400, and for employees and employers of

 3  developmental disabilities services institutions as defined in

 4  s. 393.063, intermediate care facilities for the

 5  developmentally disabled as defined in s. 393.063, and mental

 6  health treatment facilities as defined in s. 394.455, meets

 7  the requirements of this chapter.

 8         Section 50.  Section 944.602, Florida Statutes, is

 9  amended to read:

10         944.602  Agency notification of Department of Children

11  and Family Services before release of mentally retarded

12  inmates.--Before the release by parole, release by reason of

13  gain-time allowances provided for in s. 944.291, or expiration

14  of sentence of any inmate who has been diagnosed as mentally

15  retarded as defined in s. 393.063, the Department of

16  Corrections shall notify the Agency for Persons with

17  Disabilities Department of Children and Family Services in

18  order that sufficient time be allowed to notify the inmate or

19  the inmate's representative, in writing, at least 7 days prior

20  to the inmate's release, of available community services.

21         Section 51.  Subsections (2) and (3) of section

22  945.025, Florida Statutes, are amended to read:

23         945.025  Jurisdiction of department.--

24         (2)  In establishing, operating, and using utilizing

25  these facilities, the department shall attempt, whenever

26  possible, to avoid the placement of nondangerous offenders who

27  have potential for rehabilitation with repeat offenders or

28  dangerous offenders. Medical, mental, and psychological

29  problems shall be diagnosed and treated whenever possible. The

30  Department of Children and Family Services and the Agency for

31  Persons with Disabilities shall cooperate to ensure the

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 1  delivery of services to persons under the custody or

 2  supervision of the department.  When it is the intent of the

 3  department to transfer a mentally ill or retarded prisoner to

 4  the Department of Children and Family Services or the Agency

 5  for Persons with Disabilities, an involuntary commitment

 6  hearing shall be held according to the provisions of chapter

 7  393 or chapter 394.

 8         (3)  There shall be other correctional facilities,

 9  including detention facilities of varying levels of security,

10  work-release facilities, and community correctional

11  facilities, halfway houses, and other approved community

12  residential and nonresidential facilities and programs;

13  however, no adult correctional facility may be established by

14  changing the use and purpose of any mental health facility or

15  mental health institution under the jurisdiction of any state

16  agency or department without authorization in the General

17  Appropriation Act or other approval by the Legislature. Any

18  facility the purpose and use of which was changed subsequent

19  to January 1, 1975, shall be returned to its original use and

20  purpose by July 1, 1977. However, the G. Pierce Wood Memorial

21  Hospital located at Arcadia, DeSoto County, may not be

22  converted into a correctional facility as long as such

23  hospital is in use as a state mental health hospital. Any

24  community residential facility may be deemed a part of the

25  state correctional system for purposes of maintaining custody

26  of offenders, and for this purpose the department may contract

27  for and purchase the services of such facilities.

28         Section 52.  Section 947.185, Florida Statutes, is

29  amended to read:

30         947.185  Application for mental retardation services as

31  condition of parole.--The Parole Commission may require as a

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 1  condition of parole that any inmate who has been diagnosed as

 2  mentally retarded as defined in s. 393.063 shall, upon

 3  release, apply for retardation services from the Agency for

 4  Persons with Disabilities Department of Children and Family

 5  Services.

 6         Section 53.  Subsection (3) of section 984.19, Florida

 7  Statutes, is amended to read:

 8         984.19  Medical screening and treatment of child;

 9  examination of parent, guardian, or person requesting

10  custody.--

11         (3)  A judge may order that a child alleged to be or

12  adjudicated a child in need of services be examined by a

13  licensed health care professional. The judge may also order

14  such child to be evaluated by a psychiatrist or a

15  psychologist, by a district school board educational needs

16  assessment team, or, if a developmental disability is

17  suspected or alleged, by a the developmental disability

18  diagnostic and evaluation team with of the Agency for Persons

19  with Disabilities Department of Children and Family Services.

20  The judge may order a family assessment if that assessment was

21  not completed at an earlier time. If it is necessary to place

22  a child in a residential facility for such evaluation, then

23  the criteria and procedure established in s. 394.463(2) or

24  chapter 393 shall be used, whichever is applicable. The

25  educational needs assessment provided by the district school

26  board educational needs assessment team shall include, but not

27  be limited to, reports of intelligence and achievement tests,

28  screening for learning disabilities and other handicaps, and

29  screening for the need for alternative education pursuant to

30  s. 1003.53.

31  

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 1         Section 54.  Subsection (8) of section 984.225, Florida

 2  Statutes, is amended to read:

 3         984.225  Powers of disposition; placement in a

 4  staff-secure shelter.--

 5         (8)  If the child requires residential mental health

 6  treatment or residential care for a developmental disability,

 7  the court shall refer the child to the Department of Children

 8  and Family Services or the Agency for Persons with

 9  Disabilities, as appropriate, for the provision of necessary

10  services.

11         Section 55.  Paragraph (e) of subsection (5) of section

12  984.226, Florida Statutes, is amended to read:

13         984.226  Physically secure setting.--

14         (5)

15         (e)  If the child requires residential mental health

16  treatment or residential care for a developmental disability,

17  the court shall refer the child to the Department of Children

18  and Family Services or the Agency for Persons with

19  Disabilities, as appropriate, for the provision of necessary

20  services.

21         Section 56.  Subsection (1) of section 985.224, Florida

22  Statutes, is amended to read:

23         985.224  Medical, psychiatric, psychological, substance

24  abuse, and educational examination and treatment.--

25         (1)  After a detention petition or a petition for

26  delinquency has been filed, the court may order the child

27  named in the petition to be examined by a physician. The court

28  may also order the child to be evaluated by a psychiatrist or

29  a psychologist, by a district school board educational needs

30  assessment team, or, if a developmental disability is

31  suspected or alleged, by a the developmental disabilities

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 1  diagnostic and evaluation team with of the Agency for Persons

 2  with Disabilities Department of Children and Family Services.

 3  If it is necessary to place a child in a residential facility

 4  for such evaluation, the criteria and procedures established

 5  in chapter 393, chapter 394, or chapter 397, whichever is

 6  applicable, shall be used.

 7         Section 57.  Section 1003.58, Florida Statutes, is

 8  amended to read:

 9         1003.58  Students in residential care facilities.--Each

10  district school board shall provide educational programs

11  according to rules of the State Board of Education to students

12  who reside in residential care facilities operated by the

13  Department of Children and Family Services or the Agency for

14  Persons with Disabilities.

15         (1)  The district school board shall not be charged any

16  rent, maintenance, utilities, or overhead on such facilities.

17  Maintenance, repairs, and remodeling of existing facilities

18  shall be provided by the Department of Children and Family

19  Services or the Agency for Persons with Disabilities, as

20  appropriate.

21         (2)  If additional facilities are required, the

22  district school board and the Department of Children and

23  Family Services or the Agency for Persons Disabilities, as

24  appropriate, shall agree on the appropriate site based on the

25  instructional needs of the students. When the most appropriate

26  site for instruction is on district school board property, a

27  special capital outlay request shall be made by the

28  commissioner in accordance with s. 1013.60. When the most

29  appropriate site is on state property, state capital outlay

30  funds shall be requested by the department or agency in

31  accordance with chapter 216 of Children and Family Services as

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 1  provided by s. 216.043 and shall be submitted as specified by

 2  s. 216.023. Any instructional facility to be built on state

 3  property shall have educational specifications jointly

 4  developed by the school district and the department or agency

 5  of Children and Family Services and approved by the Department

 6  of Education. The size of space and occupant design capacity

 7  criteria as provided by state board rules shall be used for

 8  remodeling or new construction whether facilities are provided

 9  on state property or district school board property. The

10  planning of such additional facilities shall incorporate

11  current Department of Children and Family Services

12  deinstitutionalization goals and plans of the state.

13         (3)  The district school board shall have full and

14  complete authority in the matter of the assignment and

15  placement of such students in educational programs. The parent

16  of an exceptional student shall have the same due process

17  rights as are provided under s. 1003.57(5).

18         (4)  The district school board shall have a written

19  agreement with the Department of Children and Family Services

20  and the Agency for Persons with Disabilities outlining the

21  respective duties and responsibilities of each party.

22  

23  Notwithstanding the provisions herein, the educational program

24  at the Marianna Sunland Center in Jackson County shall be

25  operated by the Department of Education, either directly or

26  through grants or contractual agreements with other public or

27  duly accredited educational agencies approved by the

28  Department of Education.

29         Section 58.  Section 114 of chapter 2004-267, Laws of

30  Florida, is repealed.

31         Section 59.  This act shall take effect July 1, 2005.

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises various provisions governing services provided by
      the Agency for Persons with Disabilities. Conforms
 4    provisions of law to the transfer of duties from the
      Developmental Disabilities Program Office of the
 5    Department of Children and Family Services to the agency.
      Revises certain requirements governing the screening of
 6    agency personnel and providers. Clarifies the agency's
      rulemaking authority. Establishes a comprehensive
 7    transitional education program to provide services for
      persons exhibiting maladaptive behaviors. Establishes the
 8    Community Resources Development Loan Program. (See bill
      for details.)
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