Senate Bill sb2012c1

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    Florida Senate - 2006                           CS for SB 2012

    By the Committee on Children and Families; and Senator Baker





    586-1947-06

  1                      A bill to be entitled

  2         An act relating to persons with disabilities;

  3         amending s. 20.197, F.S.; requiring the

  4         director of the Agency for Persons with

  5         Disabilities to be subject to confirmation by

  6         the Senate; requiring the agency to create a

  7         Division of Budget and Planning and a Division

  8         of Operations; authorizing the director to

  9         recommend creating additional subdivisions of

10         the agency in order to promote efficient and

11         effective operation of the agency; amending s.

12         39.001, F.S., relating to the development of a

13         comprehensive state plan for children;

14         conforming provisions to the transfer of duties

15         from the Developmental Disabilities Program

16         Office within the Department of Children and

17         Family Services to the Agency for Persons with

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

19         providing for certain employees, agents, and

20         contract providers of the agency to have access

21         to records concerning cases of child abuse or

22         neglect for specified purposes; amending s.

23         39.407, F.S.; deleting provisions authorizing

24         the treatment of a child under ch. 393, F.S.,

25         if the child is alleged to be dependent;

26         amending s. 287.155, F.S.; authorizing the

27         agency to purchase vehicles under certain

28         circumstances; amending ss. 381.0072 and

29         383.14, F.S., relating to food service licenses

30         and the Genetics and Newborn Screening Advisory

31         Council, respectively; conforming provisions to

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    Florida Senate - 2006                           CS for SB 2012
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 1         the transfer of duties from the Developmental

 2         Disabilities Program Office within the

 3         Department of Children and Family Services to

 4         the Agency for Persons with Disabilities;

 5         repealing s. 393.061, F.S., relating to a short

 6         title; amending s. 393.062, F.S.; revising

 7         legislative findings and intent to conform to

 8         changes in terminology; amending s. 393.063,

 9         F.S.; revising the definitions applicable to

10         ch. 393, F.S., relating to developmental

11         disabilities; amending s. 393.064, F.S.;

12         revising the duties of the Agency for Persons

13         with Disabilities with respect to prevention

14         services, evaluations and assessments,

15         intervention services, and support services;

16         amending s. 393.0641, F.S.; defining the term

17         "severe self-injurious behavior" for purposes

18         of a program of prevention and treatment for

19         individuals exhibiting such behavior; amending

20         s. 393.065, F.S., relating to application for

21         services and the determination of eligibility

22         for services; providing for children in the

23         child welfare system to be placed at the top of

24         the agency's wait list for waiver services;

25         authorizing the agency to adopt rules; amending

26         s. 393.0651, F.S., relating to support plans

27         for families and individuals; revising the age

28         at which support plans are developed for

29         children; deleting a prohibition against

30         assessing certain fees; creating s. 393.0654,

31         F.S.; specifying circumstances under which an

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    Florida Senate - 2006                           CS for SB 2012
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 1         employee of the agency may own, operate, or

 2         work in a private facility under contract with

 3         the agency; amending s. 393.0655, F.S.;

 4         revising the screening requirements for direct

 5         service providers; providing a temporary

 6         exemption from screening requirements for

 7         certain providers; amending s. 393.0657, F.S.;

 8         revising an exemption from certain requirements

 9         for refingerprinting and rescreening; amending

10         s. 393.066, F.S.; revising certain requirements

11         for the services provided by the agency;

12         requiring agency approval for purchased

13         services; revising the agency's rulemaking

14         authority; amending s. 393.067, F.S.; revising

15         requirements governing the agency's licensure

16         procedures; specifying that a license from the

17         agency is not a property right; revising the

18         requirements for background screening of

19         applicants for licensure and managers,

20         supervisors, and staff members of service

21         providers; requiring that the agency adopt

22         rules governing the reporting of incidents;

23         deleting certain responsibilities of the Agency

24         for Health Care Administration with respect to

25         the development and review of emergency

26         management plans; amending s. 393.0673, F.S.;

27         requiring that the Agency for Persons with

28         Disabilities adopt rules for evaluating

29         violations and determining the amount of fines;

30         amending s. 393.0674, F.S.; providing a penalty

31         for failure by a provider to comply with

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    Florida Senate - 2006                           CS for SB 2012
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 1         background-screening requirements; amending s.

 2         393.0675, F.S.; deleting certain obsolete

 3         provisions requiring that a provider be of good

 4         moral character; amending s. 393.0678, F.S.;

 5         deleting provisions governing receivership

 6         proceedings for an intermediate care facility

 7         for the developmentally disabled; amending s.

 8         393.068, F.S.; requiring that the family care

 9         program emphasize self-determination; removing

10         supported employment from the list of services

11         available under the family care program;

12         revising certain requirements for reimbursing a

13         family care program provider; amending s.

14         393.0695, F.S., relating to in-home subsidies;

15         requiring that the Agency for Persons with

16         Disabilities adopt rules for such subsidies;

17         amending s. 393.075, F.S., relating to

18         liability coverage for facilities licensed by

19         the agency; conforming terminology; amending s.

20         393.11, F.S.; revising provisions governing the

21         involuntary admission of a person to

22         residential services; clarifying provisions

23         governing involuntary commitment; requiring

24         that a person who is charged with a felony will

25         have his or her competency determined under ch.

26         916, F.S.; conforming terminology; amending s.

27         393.122, F.S.; clarifying requirements

28         governing applications for continued

29         residential services; amending s. 393.13, F.S.,

30         relating to the Bill of Rights of Persons Who

31         are Developmentally Disabled; deleting a

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    Florida Senate - 2006                           CS for SB 2012
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 1         provision protecting minimum wage compensation

 2         for certain programs; limiting the use of

 3         restraint and seclusion; requiring the agency

 4         to adopt rules governing the use of restraint

 5         or seclusion; revising requirements for client

 6         records; deleting certain requirements

 7         governing local advocacy councils; allowing the

 8         resident government to include disability

 9         advocates from the community; amending s.

10         393.135, F.S.; redefining the terms "covered

11         person" and "sexual misconduct"; clarifying

12         provisions making such misconduct a

13         second-degree felony; amending s. 393.15, F.S.;

14         establishing the Community Resources

15         Development Loan Program to provide loans to

16         foster homes, group homes, and supported

17         employment programs; providing legislative

18         intent; providing eligibility requirements;

19         providing authorized uses of loan funds;

20         requiring that the agency adopt rules governing

21         the loan program; providing requirements for

22         repaying loans; amending s. 393.17, F.S.;

23         authorizing the agency to establish

24         certification programs for persons providing

25         services to clients; requiring that the agency

26         establish a certification program for behavior

27         analysts; requiring that the program be

28         reviewed and validated; creating s. 393.18,

29         F.S.; providing for a comprehensive transition

30         education program for persons who have severe

31         or moderate maladaptive behaviors; specifying

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    Florida Senate - 2006                           CS for SB 2012
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 1         the types of treatment and education centers

 2         providing services under the program; providing

 3         requirements for licensure; requiring

 4         individual education plans for persons

 5         receiving services; limiting the number of

 6         persons who may receive services in such a

 7         program; creating s. 393.23, F.S.; requiring

 8         that receipts from operating canteens, vending

 9         machines, and other like activities in a

10         developmental disabilities institution be

11         deposited in a trust account in a bank, credit

12         union, or savings and loan association;

13         describing how the moneys earned may be

14         expended; allowing for the investment of the

15         funds; requiring that the accounting system at

16         the institution account for the revenues and

17         expenses of the activities; requiring that

18         sales tax moneys be remitted to the Department

19         of Revenue; amending s. 393.501, F.S.; revising

20         the agency's rulemaking authority; providing

21         requirements for rules governing alternative

22         living centers and independent living education

23         centers; amending s. 394.453, F.S.; declaring

24         that the policy of the state is to achieve an

25         ongoing reduction of the use of restraint and

26         seclusion on persons with mental illness who

27         are served by programs and facilities operated,

28         licensed, or monitored by the agency; amending

29         s. 394.455, F.S.; defining the terms

30         "restraint" and "seclusion" for purposes of the

31         Baker Act; amending s. 394.457, F.S.; requiring

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    Florida Senate - 2006                           CS for SB 2012
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 1         the Department of Children and Family Services

 2         to adopt rules for the use of restraint and

 3         seclusion for cases handled under the Baker

 4         Act; amending s. 394.879, F.S.; requiring that

 5         rules be adopted for the use of restraint and

 6         seclusion; amending s. 397.405, F.S.;

 7         clarifying an exemption from licensure provided

 8         to certain facilities licensed under ch. 393,

 9         F.S.; amending s. 400.419, F.S.; requiring that

10         a list of facilities subject to sanctions or

11         fines be disseminated to the Agency for Persons

12         with Disabilities; amending s. 400.960, F.S.;

13         revising definitions for purposes of part XI of

14         ch. 400, F.S., relating to nursing homes and

15         related facilities; amending s. 400.967, F.S.,

16         relating to rules and classification

17         deficiencies; conforming provisions to the

18         transfer of duties from the Department of

19         Children and Family Services to the Agency for

20         Persons with Disabilities; requiring that rules

21         be adopted for the use of restraint and

22         seclusion; amending ss. 402.115, 402.17,

23         402.181, 402.20, 402.22, and 402.33, F.S.;

24         including the Agency for Persons with

25         Disabilities within provisions governing the

26         sharing of information, claims for the care and

27         maintenance of facility residents, county

28         contracts for services for persons with

29         developmental disabilities, education programs

30         for students who reside in state facilities,

31         and fees for services; conforming provisions to

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    Florida Senate - 2006                           CS for SB 2012
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 1         changes made by the act; amending s. 408.036,

 2         F.S., relating to projects that are exempt from

 3         obtaining a certificate of need; conforming

 4         terminology; amending s. 409.221, F.S.,

 5         relating to the consumer directed care program;

 6         conforming provisions to changes made by the

 7         act; amending ss. 409.908 and 409.9127, F.S.,

 8         relating to the Medicaid program; conforming a

 9         cross-reference; deleting obsolete provisions;

10         amending ss. 411.224 and 411.232, F.S.;

11         conforming provisions to the transfer of duties

12         from the Developmental Disabilities Program

13         Office within the Department of Children and

14         Family Services to the Agency for Persons with

15         Disabilities; amending ss. 415.102, 415.1035,

16         415.1055, and 415.107, F.S.; conforming

17         terminology; including the Agency for Persons

18         with Disabilities within provisions providing

19         requirements that a facility inform residents

20         of certain rights, notification requirements

21         for administrative entities, and requirements

22         for maintaining the confidentiality of reports

23         and records; amending s. 419.001, F.S.,

24         relating to site selection of community

25         residential homes; revising definitions;

26         amending s. 435.03, F.S., relating to screening

27         standards; conforming terminology and a

28         cross-reference; amending ss. 490.014 and

29         491.014, F.S., relating to exemptions from

30         licensure for psychologists and certain

31         specified counselors, respectively; conforming

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    Florida Senate - 2006                           CS for SB 2012
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 1         provisions to changes made by the act; amending

 2         ss. 944.602, 945.025, 947.185, 984.19, 984.225,

 3         984.226, and 985.224, F.S., relating to the

 4         Department of Corrections, the Parole

 5         Commission, children in need of services, and

 6         petitions alleging delinquency; conforming

 7         provisions to the transfer of duties from the

 8         Developmental Disabilities Program Office

 9         within the Department of Children and Family

10         Services to the Agency for Persons with

11         Disabilities; amending s. 1003.58, F.S.;

12         including facilities operated by the Agency for

13         Persons with Disabilities within provisions

14         governing the residential care of students;

15         amending ss. 17.61, and 400.464, F.S., relating

16         to the Community Resources Development Trust

17         Fund and home health services for persons with

18         disabilities, respectively; conforming

19         provisions to changes made by the act; amending

20         s. 984.22, F.S.; removing a provision that

21         specifies fines be deposited into the Community

22         Resources Development Trust Fund; providing an

23         effective date.

24  

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

26  

27         Section 1.  Section 20.197, Florida Statutes, is

28  amended to read:

29         20.197  Agency for Persons with Disabilities.--There is

30  created the Agency for Persons with Disabilities, housed

31  within the Department of Children and Family Services for

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    Florida Senate - 2006                           CS for SB 2012
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 1  administrative purposes only. The agency shall be a separate

 2  budget entity not subject to control, supervision, or

 3  direction by the Department of Children and Family Services in

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

 5  purchasing, transactions involving real or personal property,

 6  and budgetary matters.

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

 8  head for all purposes and shall be appointed by the Governor,

 9  subject to confirmation by the Senate, and shall serve at the

10  pleasure of the Governor. The director shall administer the

11  affairs of the agency and establish administrative units as

12  needed and may, within available resources, employ assistants,

13  professional staff, and other employees as necessary to

14  discharge the powers and duties of the agency.

15         (2)  The agency shall include a Division of Budget and

16  Planning and a Division of Operations. In addition, and in

17  accordance with s. 20.04, the director of the agency may

18  recommend establishing additional divisions, bureaus,

19  sections, and subsections of the agency in order to promote

20  efficient and effective operation of the agency.

21         (3)(2)  The agency is shall be responsible for

22  providing the provision of all services provided to persons

23  with developmental disabilities under pursuant to chapter 393,

24  including the operation of all state institutional programs

25  and the programmatic management of Medicaid waivers

26  established to provide services to persons with developmental

27  disabilities.

28         (4)(3)  The agency shall engage in such other

29  administrative activities as are deemed necessary to

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

31  clients.

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 1         (5)(4)  The agency shall enter into an interagency

 2  agreement that delineates the responsibilities of the Agency

 3  for Health Care Administration for the following:

 4         (a)  The terms and execution of contracts with Medicaid

 5  providers for the provision of services provided through

 6  Medicaid, including federally approved waiver programs.

 7         (b)  The billing, payment, and reconciliation of claims

 8  for Medicaid services reimbursed by the agency.

 9         (c)  The implementation of utilization management

10  measures, including the prior authorization of services plans

11  and the streamlining and consolidation of waivers services, to

12  ensure the cost-effective provision of needed Medicaid

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

14  such services.

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

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

17  without which the client would require the services of an

18  intermediate care facility for the developmentally disabled.

19         Section 2.  Paragraph (b) of subsection (7) of section

20  39.001, Florida Statutes, is amended to read:

21         39.001  Purposes and intent; personnel standards and

22  screening.--

23         (7)  PLAN FOR COMPREHENSIVE APPROACH.--

24         (b)  The development of the comprehensive state plan

25  shall be accomplished in the following manner:

26         1.  The department shall establish an interprogram task

27  force comprised of the Program Director for Family Safety, or

28  a designee, a representative from the Child Care Services

29  Program Office, a representative from the Family Safety

30  Program Office, a representative from the Mental Health

31  Program Office, a representative from the Substance Abuse

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    Florida Senate - 2006                           CS for SB 2012
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 1  Program Office, a representative from the Agency for Persons

 2  with Disabilities Developmental Disabilities Program Office,

 3  and a representative from the Division of Children's Medical

 4  Services Network Prevention and Intervention of the Department

 5  of Health. Representatives of the Department of Law

 6  Enforcement and of the Department of Education shall serve as

 7  ex officio members of the interprogram task force. The

 8  interprogram task force shall be responsible for:

 9         a.  Developing a plan of action for better coordination

10  and integration of the goals, activities, and funding

11  pertaining to the prevention of child abuse, abandonment, and

12  neglect conducted by the department in order to maximize staff

13  and resources at the state level. The plan of action shall be

14  included in the state plan.

15         b.  Providing a basic format to be utilized by the

16  districts in the preparation of local plans of action in order

17  to provide for uniformity in the district plans and to provide

18  for greater ease in compiling information for the state plan.

19         c.  Providing the districts with technical assistance

20  in the development of local plans of action, if requested.

21         d.  Examining the local plans to determine if all the

22  requirements of the local plans have been met and, if they

23  have not, informing the districts of the deficiencies and

24  requesting the additional information needed.

25         e.  Preparing the state plan for submission to the

26  Legislature and the Governor. Such preparation shall include

27  the collapsing of information obtained from the local plans,

28  the cooperative plans with the Department of Education, and

29  the plan of action for coordination and integration of

30  departmental activities into one comprehensive plan. The

31  comprehensive plan shall include a section reflecting general

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 1  conditions and needs, an analysis of variations based on

 2  population or geographic areas, identified problems, and

 3  recommendations for change. In essence, the plan shall provide

 4  an analysis and summary of each element of the local plans to

 5  provide a statewide perspective. The plan shall also include

 6  each separate local plan of action.

 7         f.  Working with the specified state agency in

 8  fulfilling the requirements of subparagraphs 2., 3., 4., and

 9  5.

10         2.  The department, the Department of Education, and

11  the Department of Health shall work together in developing

12  ways to inform and instruct parents of school children and

13  appropriate district school personnel in all school districts

14  in the detection of child abuse, abandonment, and neglect and

15  in the proper action that should be taken in a suspected case

16  of child abuse, abandonment, or neglect, and in caring for a

17  child's needs after a report is made. The plan for

18  accomplishing this end shall be included in the state plan.

19         3.  The department, the Department of Law Enforcement,

20  and the Department of Health shall work together in developing

21  ways to inform and instruct appropriate local law enforcement

22  personnel in the detection of child abuse, abandonment, and

23  neglect and in the proper action that should be taken in a

24  suspected case of child abuse, abandonment, or neglect.

25         4.  Within existing appropriations, the department

26  shall work with other appropriate public and private agencies

27  to emphasize efforts to educate the general public about the

28  problem of and ways to detect child abuse, abandonment, and

29  neglect and in the proper action that should be taken in a

30  suspected case of child abuse, abandonment, or neglect.  The

31  

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 1  plan for accomplishing this end shall be included in the state

 2  plan.

 3         5.  The department, the Department of Education, and

 4  the Department of Health shall work together on the

 5  enhancement or adaptation of curriculum materials to assist

 6  instructional personnel in providing instruction through a

 7  multidisciplinary approach on the identification,

 8  intervention, and prevention of child abuse, abandonment, and

 9  neglect. The curriculum materials shall be geared toward a

10  sequential program of instruction at the four progressional

11  levels, K-3, 4-6, 7-9, and 10-12. Strategies for encouraging

12  all school districts to utilize the curriculum are to be

13  included in the comprehensive state plan for the prevention of

14  child abuse, abandonment, and neglect.

15         6.  Each district of the department shall develop a

16  plan for its specific geographical area. The plan developed at

17  the district level shall be submitted to the interprogram task

18  force for utilization in preparing the state plan. The

19  district local plan of action shall be prepared with the

20  involvement and assistance of the local agencies and

21  organizations listed in paragraph (a), as well as

22  representatives from those departmental district offices

23  participating in the treatment and prevention of child abuse,

24  abandonment, and neglect. In order to accomplish this, the

25  district administrator in each district shall establish a task

26  force on the prevention of child abuse, abandonment, and

27  neglect. The district administrator shall appoint the members

28  of the task force in accordance with the membership

29  requirements of this section. In addition, the district

30  administrator shall ensure that each subdistrict is

31  represented on the task force; and, if the district does not

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 1  have subdistricts, the district administrator shall ensure

 2  that both urban and rural areas are represented on the task

 3  force. The task force shall develop a written statement

 4  clearly identifying its operating procedures, purpose, overall

 5  responsibilities, and method of meeting responsibilities. The

 6  district plan of action to be prepared by the task force shall

 7  include, but shall not be limited to:

 8         a.  Documentation of the magnitude of the problems of

 9  child abuse, including sexual abuse, physical abuse, and

10  emotional abuse, and child abandonment and neglect in its

11  geographical area.

12         b.  A description of programs currently serving abused,

13  abandoned, and neglected children and their families and a

14  description of programs for the prevention of child abuse,

15  abandonment, and neglect, including information on the impact,

16  cost-effectiveness, and sources of funding of such programs.

17         c.  A continuum of programs and services necessary for

18  a comprehensive approach to the prevention of all types of

19  child abuse, abandonment, and neglect as well as a brief

20  description of such programs and services.

21         d.  A description, documentation, and priority ranking

22  of local needs related to child abuse, abandonment, and

23  neglect prevention based upon the continuum of programs and

24  services.

25         e.  A plan for steps to be taken in meeting identified

26  needs, including the coordination and integration of services

27  to avoid unnecessary duplication and cost, and for alternative

28  funding strategies for meeting needs through the reallocation

29  of existing resources, utilization of volunteers, contracting

30  with local universities for services, and local government or

31  private agency funding.

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 1         f.  A description of barriers to the accomplishment of

 2  a comprehensive approach to the prevention of child abuse,

 3  abandonment, and neglect.

 4         g.  Recommendations for changes that can be

 5  accomplished only at the state program level or by legislative

 6  action.

 7         Section 3.  Paragraphs (a) and (h) of subsection (2) of

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

 9         39.202  Confidentiality of reports and records in cases

10  of child abuse or neglect.--

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

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

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

14  granted only to the following persons, officials, and

15  agencies:

16         (a)  Employees, authorized agents, or contract

17  providers of the department, the Department of Health, the

18  Agency for Persons with Disabilities, or county agencies

19  responsible for carrying out:

20         1.  Child or adult protective investigations;

21         2.  Ongoing child or adult protective services;

22         3.  Healthy Start services; or

23         4.  Licensure or approval of adoptive homes, foster

24  homes, or child care facilities, facilities licensed under

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

26  providers who receive subsidized child care funding, or other

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

28         5.  Services for victims of domestic violence when

29  provided by certified domestic violence centers working at the

30  department's request as case consultants or with shared

31  clients.

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 1  

 2  Also, employees or agents of the Department of Juvenile

 3  Justice responsible for the provision of services to children,

 4  pursuant to chapters 984 and 985.

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

 6  Agency for Persons with Disabilities who is responsible for:

 7         1.  Administration or supervision of the department's

 8  program for the prevention, investigation, or treatment of

 9  child abuse, abandonment, or neglect, or abuse, neglect, or

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

11  her official function;

12         2.  Taking appropriate administrative action concerning

13  an employee of the department or the agency who is alleged to

14  have perpetrated child abuse, abandonment, or neglect, or

15  abuse, neglect, or exploitation of a vulnerable adult; or

16         3.  Employing and continuing employment of personnel of

17  the department or the agency.

18         Section 4.  Subsection (5) of section 39.407, Florida

19  Statutes, is amended to read:

20         39.407  Medical, psychiatric, and psychological

21  examination and treatment of child; physical or mental

22  examination of parent or person requesting custody of child.--

23         (5)  A judge may order a child in an out-of-home

24  placement to be treated by a licensed health care professional

25  based on evidence that the child should receive treatment.

26  The judge may also order such child to receive mental health

27  or developmental disabilities services from a psychiatrist,

28  psychologist, or other appropriate service provider.  Except

29  as provided in subsection (6), if it is necessary to place the

30  child in a residential facility for such services, the

31  procedures and criteria established in s. 394.467 or chapter

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 1  393 shall be used, whichever is applicable. A child may be

 2  provided developmental disabilities or mental health services

 3  in emergency situations, pursuant to the procedures and

 4  criteria contained in s. 394.463(1) or chapter 393, whichever

 5  is applicable.

 6         Section 5.  Section 287.155, Florida Statutes, is

 7  amended to read:

 8         287.155  Motor vehicles; purchase by Division of

 9  Universities, Department of Children and Family Services,

10  Agency for Persons with Disabilities, Department of Health,

11  Department of Juvenile Justice, and Department of

12  Corrections.--

13         (1)  The Division of Universities of the Department of

14  Education, the Department of Children and Family Services, the

15  Agency for Persons with Disabilities, the Department of

16  Health, the Department of Juvenile Justice, and the Department

17  of Corrections may are hereby authorized, subject to the

18  approval of the Department of Management Services, to purchase

19  automobiles, trucks, tractors, and other automotive equipment

20  for the use of institutions under the management of the

21  Division of Universities, the Department of Children and

22  Family Services, the Agency for Persons with Disabilities, the

23  Department of Health, and the Department of Corrections, and

24  for the use of residential facilities managed or contracted by

25  the Department of Juvenile Justice.

26         (2)  The Department of Corrections shall, prior to

27  purchasing motor vehicles, seek to procure the motor vehicles

28  from those vehicles renovated pursuant to correctional work

29  programs of the Department of Corrections, and for the use of

30  residential facilities managed or contracted by the Department

31  of Juvenile Justice.

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 1         (3)  The Department of Health is authorized, subject to

 2  the approval of the Department of Management Services, to

 3  purchase automobiles, trucks, and other automotive equipment

 4  for use by county health departments.

 5         Section 6.  Paragraph (a) of subsection (3) of section

 6  381.0072, Florida Statutes, is amended to read:

 7         381.0072  Food service protection.--It shall be the

 8  duty of the Department of Health to adopt and enforce

 9  sanitation rules consistent with law to ensure the protection

10  of the public from food-borne illness. These rules shall

11  provide the standards and requirements for the storage,

12  preparation, serving, or display of food in food service

13  establishments as defined in this section and which are not

14  permitted or licensed under chapter 500 or chapter 509.

15         (3)  LICENSES REQUIRED.--

16         (a)  Licenses; annual renewals.--Each food service

17  establishment regulated under this section shall obtain a

18  license from the department annually. Food service

19  establishment licenses shall expire annually and are shall not

20  be transferable from one place or individual to another.

21  However, those facilities licensed by the department's Office

22  of Licensure and Certification, the Child Care Services

23  Program Office, or the Agency for Persons with Developmental

24  Disabilities Program Office are exempt from this subsection.

25  It shall be a misdemeanor of the second degree, punishable as

26  provided in s. 381.0061, s. 775.082, or s. 775.083, for such

27  an establishment to operate without this license.  The

28  department may refuse a license, or a renewal thereof, to any

29  establishment that is not constructed or maintained in

30  accordance with law and with the rules of the department.

31  Annual application for renewal is shall not be required.

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 1         Section 7.  Subsection (5) of section 383.14, Florida

 2  Statutes, is amended to read:

 3         383.14  Screening for metabolic disorders, other

 4  hereditary and congenital disorders, and environmental risk

 5  factors.--

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

 7  and Newborn Screening Advisory Council made up of 15 members

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

 9  composed of two consumer members, three practicing

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

11  hematologist, one representative from each of the four medical

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

13  designee, one representative from the Department of Health

14  representing Children's Medical Services, one representative

15  from the Florida Hospital Association, one individual with

16  experience in newborn screening programs, one individual

17  representing audiologists, and one representative from the

18  Agency for Persons with Disabilities Developmental

19  Disabilities Program Office of the Department of Children and

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

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

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

23  2 years.  The council shall meet at least semiannually or upon

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

25  or temporary technical advisory groups to assist the council

26  with specific topics which come before the council. Council

27  members shall serve without pay. Pursuant to the provisions of

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

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

30  council to advise the department about:

31  

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 1         (a)  Conditions for which testing should be included

 2  under the screening program and the genetics program.

 3         (b)  Procedures for collection and transmission of

 4  specimens and recording of results.

 5         (c)  Methods whereby screening programs and genetics

 6  services for children now provided or proposed to be offered

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

 8  and consolidated.

 9         Section 8.  Section 393.061, Florida Statutes, is

10  repealed.

11         Section 9.  Section 393.062, Florida Statutes, is

12  amended to read:

13         393.062  Legislative findings and declaration of

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

15  state programs for the treatment of individuals with

16  developmental disabilities who are developmentally disabled,

17  which often unnecessarily place clients in institutions, are

18  unreasonably costly, are ineffective in bringing the

19  individual client to his or her maximum potential, and are in

20  fact debilitating to many a great majority of clients. A

21  redirection in state treatment programs for individuals with

22  developmental disabilities who are developmentally disabled is

23  necessary if any significant amelioration of the problems

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

25  redirection should place primary emphasis on programs that

26  have the potential to prevent or reduce the severity of

27  developmental disabilities. Further, the Legislature declares

28  that greatest priority shall be given to the development and

29  implementation of community-based residential placements,

30  services that, and treatment programs for individuals who are

31  developmentally disabled which will enable such individuals

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 1  with developmental disabilities to achieve their greatest

 2  potential for independent and productive living, which will

 3  enable them to live in their own homes or in residences

 4  located in their own communities, and which will permit them

 5  to be diverted or removed from unnecessary institutional

 6  placements. This goal The Legislature finds that the

 7  eligibility criteria for intermediate-care facilities for the

 8  developmentally disabled which are specified in the Medicaid

 9  state plan in effect on the effective date of this act are

10  essential to the system of residential services. The

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

12  quality of life of all developmentally disabled persons by the

13  development and implementation of community-based residential

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

15  ensuring the availability of community residential

16  opportunities for developmentally disabled persons in the

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

18  declares that all persons with developmental disabilities who

19  live in licensed community homes shall have a family living

20  environment comparable to other Floridians and. The

21  Legislature intends that such residences shall be considered

22  and treated as a functional equivalent of a family unit and

23  not as an institution, business, or boarding home. The

24  Legislature further declares that, in developing

25  community-based programs and services for individuals with

26  developmental disabilities who are developmentally disabled,

27  private businesses, not-for-profit corporations, units of

28  local government, and other organizations capable of providing

29  needed services to clients in a cost-efficient manner shall be

30  given preference in lieu of operation of programs directly by

31  state agencies.  Finally, it is the intent of the Legislature

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 1  that all caretakers unrelated to individuals with

 2  developmental disabilities receiving care shall be of good

 3  moral character.

 4         Section 10.  Section 393.063, Florida Statutes, is

 5  amended to read:

 6         393.063  Definitions.--For the purposes of this

 7  chapter, the term:

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

 9  Disabilities.

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

11  developmental disability of extended duration which causes

12  severe learning, communication, and behavior disorders with

13  age of onset during infancy or childhood. Individuals with

14  autism exhibit impairment in reciprocal social interaction,

15  impairment in verbal and nonverbal communication and

16  imaginative ability, and a markedly restricted repertoire of

17  activities and interests.

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

19  symptoms of extended duration which results from damage to the

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

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

22  voluntary muscles. For the purposes of this definition,

23  cerebral palsy does not include those symptoms or impairments

24  resulting solely from a stroke.

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

26  the agency for services under this chapter.

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

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

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

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

31  right or duty to participate.

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

 2  to determine eligibility for services under this chapter.

 3         (7)  "Comprehensive transitional education program"

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

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

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

 7  treatment, habilitation, and rehabilitation services to

 8  persons who have developmental disabilities and who have

 9  severe or moderate maladaptive behaviors. However, nothing in

10  this subsection shall require such programs to provide

11  services only to persons with developmental disabilities. All

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

13  structured residential setting with the primary goal of

14  incorporating the normalization principle to establish

15  permanent residence for persons with maladaptive behaviors in

16  facilities not associated with the comprehensive transitional

17  education program. The staff shall include psychologists and

18  teachers who shall be available to provide services in each

19  component center or unit of the program. The psychologists

20  shall be individuals who are licensed in this state and

21  certified as behavior analysts in this state, or individuals

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

23         (a)  Comprehensive transitional education programs

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

25  of which shall be either an intensive treatment and

26  educational center or a transitional training and educational

27  center, which provide services to persons with maladaptive

28  behaviors in the following sequential order:

29         1.  Intensive treatment and educational center. This

30  component is a self-contained residential unit providing

31  intensive psychological and educational programming for

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 1  persons with severe maladaptive behaviors, whose behaviors

 2  preclude placement in a less restrictive environment due to

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

 4         2.  Transitional training and educational center. This

 5  component is a residential unit for persons with moderate

 6  maladaptive behaviors, providing concentrated psychological

 7  and educational programming emphasizing a transition toward a

 8  less restrictive environment.

 9         3.  Community transition residence. This component is a

10  residential center providing educational programs and such

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

12  persons with maladaptive behaviors to avoid regression to more

13  restrictive environments while preparing them for more

14  independent living. Continuous-shift staff shall be required

15  for this component.

16         4.  Alternative living center. This component is a

17  residential unit providing an educational and family living

18  environment for persons with maladaptive behaviors, in a

19  moderately unrestricted setting. Residential staff shall be

20  required for this component.

21         5.  Independent living education center. This component

22  is a facility providing a family living environment for

23  persons with maladaptive behaviors, in a largely unrestricted

24  setting which includes education and monitoring appropriate to

25  support the development of independent living skills.

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

27  comprehensive transitional education program are subject to

28  the license issued to the comprehensive transitional education

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

30         (c)  Comprehensive transitional education programs

31  shall develop individual education plans for each person with

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 1  maladaptive behaviors who receives services therein. Such

 2  individual education plans shall be developed in accordance

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

 4  34 C.F.R. part 300.

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

 6  with maladaptive behaviors being provided services in a

 7  comprehensive transitional education program exceed 120.

 8         (e)  This subsection shall authorize licensure for

 9  comprehensive transitional education programs which by July 1,

10  1989:

11         1.  Are in actual operation; or

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

13  which a county or city government has approved zoning allowing

14  for the placement of the facilities described in this

15  subsection, and have registered an intent with the department

16  to operate a comprehensive transitional education program.

17  However, nothing shall prohibit the assignment by such a

18  registrant to another entity at a different site within the

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

20  comprehensive transitional education program and local zoning

21  requirements and provided that each residential facility

22  within the component centers or units of the program

23  authorized under this subparagraph shall not exceed a capacity

24  of 15 persons.

25         (8)  "Day habilitation facility" means any

26  nonresidential facility which provides day habilitation

27  services.

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

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

30  socialization, and adaptive skills which takes place in a

31  nonresidential setting, separate from the home or facility in

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 1  which the individual resides. Day habilitation services shall

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

 3  her maximum functional level and shall be coordinated with any

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

 5  of care.

 6         (8)(10)  "Developmental disability" means a disorder or

 7  syndrome that is attributable to retardation, cerebral palsy,

 8  autism, spina bifida, or Prader-Willi syndrome; that manifests

 9  before the age of 18; and that constitutes a substantial

10  handicap that can reasonably be expected to continue

11  indefinitely.

12         (9)(11)  "Developmental disabilities institution" means

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

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

15  rehabilitation of clients with developmental disabilities.

16         (10)(12)  "Direct service provider," also known as

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

18  provisions relating to employment security checks, means a

19  person 18 years of age or older who has direct face-to-face

20  contact with a client while providing services to the client

21  individuals with developmental disabilities, or has access to

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

23  property, and is not a relative of the client such

24  individuals.

25         (11)(13)  "Domicile" means the place where a client

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

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

28  may not be established in Florida by a minor who has no parent

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

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

31  resident alien.

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

 2  private business or industry where a small group of persons

 3  with developmental disabilities is employed and receives

 4  training and support services or follow-along services among

 5  nonhandicapped workers.

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

 7  various causes which is characterized by recurrent seizures

 8  due to excessive discharge of cerebral neurons. When found

 9  concurrently with retardation, autism, or cerebral palsy,

10  epilepsy is considered a secondary disability for which the

11  client is eligible to receive services to ameliorate this

12  condition pursuant to this chapter.

13         (12)(16)  "Express and informed consent" means consent

14  voluntarily given in writing with sufficient knowledge and

15  comprehension of the subject matter involved to enable the

16  person giving consent to make a knowing an understanding and

17  enlightened decision without any element of force, fraud,

18  deceit, duress, or other form of constraint or coercion.

19         (13)(17)  "Family care program" means the program

20  established in s. 393.068.

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

22  services provided to persons with developmental disabilities

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

24  not limited to, family support, assistance in meeting

25  transportation and medical needs, employer intervention,

26  performance evaluation, advocacy, replacement, retraining or

27  promotional assistance, or other similar support services.

28         (14)(19)  "Foster care facility" means a residential

29  facility licensed under this chapter which provides a family

30  living environment including supervision and care necessary to

31  meet the physical, emotional, and social needs of its

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 1  residents. The capacity of such a facility may shall not be

 2  more than three residents.

 3         (15)(20)  "Group home facility" means a residential

 4  facility licensed under this chapter which provides a family

 5  living environment including supervision and care necessary to

 6  meet the physical, emotional, and social needs of its

 7  residents. The capacity of such a facility shall be at least 4

 8  but not more than 15 residents. For the purposes of this

 9  chapter, group home facilities shall not be considered

10  commercial enterprises.

11         (16)(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         (17)(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         (18)(23)  "High-risk child" means, for the purposes of

22  this chapter, a child from 3 birth to 5 years of age with one

23  or 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         (19)(24)  "Intermediate care facility for the

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

 5  facility licensed and certified pursuant to part XI of chapter

 6  400.

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

 8  employment-related training at a worksite to individuals with

 9  developmental disabilities.

10         (20)(26)  "Medical/dental services" means medically

11  necessary those services which are provided or ordered for a

12  client by a person licensed under pursuant to the provisions

13  of chapter 458, chapter 459, or chapter 466. Such services may

14  include, but are not limited to, prescription drugs,

15  specialized therapies, nursing supervision, hospitalization,

16  dietary services, prosthetic devices, surgery, specialized

17  equipment and supplies, adaptive equipment, and other services

18  as required to prevent or alleviate a medical or dental

19  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         (29)  "Personal services" include, but are not limited

29  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         (21)(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  mental retardation, hypogonadism, short stature, mild facial

13  dysmorphism, and a characteristic neurobehavior.

14         (31)  "Reassessment" means a process which periodically

15  develops, through annual review and revision of a client's

16  family or individual support plan, a knowledgeable statement

17  of current needs and past development for each client.

18         (22)(32)  "Relative" means an individual who is

19  connected by affinity or consanguinity to the client and who

20  is 18 years of age or older more.

21         (23)(33)  "Resident" means any person with

22  developmental disabilities who is developmentally disabled

23  residing at a residential facility in the state, whether or

24  not such person is a client of the agency.

25         (24)(34)  "Residential facility" means a facility

26  providing room and board and personal care for persons with

27  developmental disabilities.

28         (25)(35)  "Residential habilitation" means supervision

29  and training assistance provided with the acquisition,

30  retention, or improvement in skills related to activities of

31  daily living, such as personal hygiene skills grooming and

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 1  cleanliness, homemaking skills bedmaking and household chores,

 2  eating and the preparation of food, and th  social and

 3  adaptive skills necessary to enable the individual to reside

 4  in the community a noninstitutional setting.

 5         (26)(36)  "Residential habilitation center" means a

 6  community residential facility licensed under this chapter

 7  which that provides residential habilitation services. The

 8  capacity of such a facility shall not be fewer than nine

 9  residents. After October 1, 1989, no new residential

10  habilitation centers may not shall be licensed and the

11  licensed capacity shall not be increased for any existing

12  residential habilitation center may not be increased.

13         (27)(37)  "Respite service" means appropriate,

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

15  developmental disabilities to meet the planned or emergency

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

17  provider.

18         (28)  "Restraint" means a physical device, method, or

19  drug used to control dangerous behavior.

20         (a)  A physical restraint is any manual method or

21  physical or mechanical device, material, or equipment attached

22  or adjacent to the individual's body so that he or she cannot

23  easily remove the restraint and which restricts freedom of

24  movement or normal access to one's body.

25         (b)  A drug used as a restraint is a medication used to

26  control the person's behavior or to restrict his or her

27  freedom of movement and is not a standard treatment for the

28  person's medical or psychiatric condition. Physically holding

29  a person during a procedure to forcibly administer

30  psychotropic medication is a physical restraint.

31  

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 1         (c)  Restraint does not include physical devices, such

 2  as orthopedically prescribed appliances, surgical dressings

 3  and bandages, supportive body bands, or other physical holding

 4  when necessary for routine physical examinations and tests;

 5  for purposes of orthopedic, surgical, or other similar medical

 6  treatment; when used to provide support for the achievement of

 7  functional body position or proper balance; or when used to

 8  protect a person from falling out of bed.

 9         (29)(38)  "Retardation" means significantly subaverage

10  general intellectual functioning existing concurrently with

11  deficits in adaptive behavior and manifested during the period

12  from conception to age 18. "Significantly subaverage general

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

14  means performance which is two or more standard deviations

15  from the mean score on a standardized intelligence test

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

17  the purpose of this definition, means the effectiveness or

18  degree with which an individual meets the standards of

19  personal independence and social responsibility expected of

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

21         (30)  "Seclusion" means the involuntary isolation of a

22  person in a room or area from which the person is prevented

23  from leaving. The prevention may be by physical barrier or by

24  a staff member who is acting in a manner, or who is physically

25  situated, so as to prevent the person from leaving the room or

26  area. For the purposes of this chapter, the term does not mean

27  isolation due to the medical condition or symptoms of the

28  person.

29         (31)  "Self-determination" means an individual's

30  freedom to exercise the same rights as all other citizens,

31  authority to exercise control over funds needed for one's own

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 1  support, including prioritizing these funds when necessary,

 2  responsibility for the wise use of public funds, and self

 3  advocacy to speak and advocate for oneself in order to gain

 4  independence and ensure that individuals with a developmental

 5  disability are treated equally.

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

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

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

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

10  harmful or potentially harmful nutritive or nonnutritive

11  substances.

12         (32)(40)  "Specialized therapies" means those

13  treatments or activities prescribed by and provided by an

14  appropriately trained, licensed, or certified professional or

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

16  therapy, speech therapy, respiratory therapy, occupational

17  therapy, behavior therapy, physical management services, and

18  related specialized equipment and supplies.

19         (33)(41)  "Spina bifida" means, for purposes of this

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

21  cystica or myelomeningocele.

22         (34)(42)  "Support coordinator" means a person who is

23  designated by the agency to assist individuals and families in

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

25  finding and gaining access to necessary supports and services;

26  coordinating the delivery of supports and services; advocating

27  on behalf of the individual and family; maintaining relevant

28  records; and monitoring and evaluating the delivery of

29  supports and services to determine the extent to which they

30  meet the needs and expectations identified by the individual,

31  

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

 2  support plan.

 3         (43)  "Supported employee" means a person who requires

 4  and receives supported employment services in order to

 5  maintain community-based employment.

 6         (35)(44)  "Supported employment" means employment

 7  located or provided in a normal employment setting which

 8  provides at least 20 hours employment per week in an

 9  integrated work setting, with earnings paid on a commensurate

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

11  maintenance.

12         (36)(45)  "Supported living" means a category of

13  individually determined services designed and coordinated in

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

15  require ongoing supports to live as independently as possible

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

17  to participate in community life to the fullest extent

18  possible.

19         (37)(46)  "Training" means a planned approach to

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

21  potential and includes services ranging from sensory

22  stimulation to instruction in skills for independent living

23  and employment.

24         (38)(47)  "Treatment" means the prevention,

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

26  disabilities or illnesses.

27         Section 11.  Subsections (1), (2), and (4) of section

28  393.064, Florida Statutes, are amended to read:

29         393.064  Prevention.--

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

31  planning, and implementation of programs which have the

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

 2  developmental disabilities. The agency shall direct an

 3  interagency and interprogram effort for the continued

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

 5  identify, through demonstration projects, through program

 6  evaluation, and through monitoring of programs and projects

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

 8  economic, or educational methods, techniques, or procedures

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

10  cure developmental disabilities. The agency program shall

11  determine the costs and benefits that would be associated with

12  such prevention efforts and shall implement, or recommend the

13  implementation of, those methods, techniques, or procedures

14  which are found likely to be cost-beneficial.

15         (2)  Prevention services provided by the agency shall

16  developmental services program include services to high-risk

17  and developmentally disabled children from 3 birth to 5 years

18  of age, and their families, to meet the intent of chapter 411.

19  Except for services for children from birth to age 3 years

20  which Such services shall include individual evaluations or

21  assessments necessary to diagnose a developmental disability

22  or high-risk condition and to determine appropriate individual

23  family and support services, unless evaluations or assessments

24  are the responsibility of the Division of Children's Medical

25  Services in the Department of Health Prevention and

26  Intervention for children ages birth to 3 years eligible for

27  services under this chapter or part H of the Individuals with

28  Disabilities Education Act, such services and may include:

29         (a)  Individual evaluations or assessments necessary to

30  diagnose a developmental disability or high-risk condition and

31  

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 1  to determine appropriate, individual family and support

 2  services.

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

 4  developmental training and specialized therapies. Early

 5  intervention services, which are the responsibility of the

 6  Division of Children's Medical Services Prevention and

 7  Intervention for children ages birth to 3 years who are

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

 9  the Individuals with Disabilities Education Act, shall not be

10  provided through the developmental services program unless

11  funding is specifically appropriated to the developmental

12  services program for this purpose.

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

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

15  services, and other services which allow families to maintain

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

17  Division of Children's Medical Services Prevention and

18  Intervention is responsible for the provision of services to

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

20  under this chapter.

21         (4)  There is created at the developmental disabilities

22  services institution in Gainesville a research and education

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

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

25         (a)  Research into the etiology of developmental

26  disabilities.

27         (b)  Ensuring that new knowledge is rapidly

28  disseminated throughout the developmental services program of

29  the agency.

30         (c)  Diagnosis of unusual conditions and syndromes

31  associated with developmental disabilities in clients

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 1  identified throughout the developmental disabilities services

 2  programs.

 3         (d)  Evaluation of families of clients with

 4  developmental disabilities of genetic origin in order to

 5  provide them with genetic counseling aimed at preventing the

 6  recurrence of the disorder in other family members.

 7         (e)  Ensuring that health professionals in the

 8  developmental disabilities services institution at Gainesville

 9  have access to information systems that will allow them to

10  remain updated on newer knowledge and maintain their

11  postgraduate education standards.

12         (f)  Enhancing staff training for professionals

13  throughout the agency in the areas of genetics and

14  developmental disabilities.

15         Section 12.  Section 393.0641, Florida Statutes, is

16  amended to read:

17         393.0641  Program for the prevention and treatment of

18  severe self-injurious behavior.--

19         (1)  Contingent upon specific appropriations, there is

20  created a diagnostic, treatment, training, and research

21  program for clients exhibiting severe self-injurious behavior.

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

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

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

25  self-hitting, head banging, self-biting, scratching, and the

26  ingestion of harmful or potentially harmful nutritive or

27  nonnutritive substances.

28         (2)  The This program shall:

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

30  training, and program development.

31  

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 1         (b)  Research the diagnosis and treatment of severe

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

 3  methods of prevention and treatment of self-injurious

 4  behavior.

 5         (c)  Identify individuals in critical need.

 6         (d)  Develop treatment programs which are meaningful to

 7  individuals with developmental disabilities, in critical need,

 8  while safeguarding and respecting the legal and human rights

 9  of the individuals.

10         (e)  Disseminate research findings on the prevention

11  and treatment of severe self-injurious behavior.

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

13  demographics of individuals with severe self-injurious

14  behavior, and disseminate the data.

15         (3)(2)  The This program shall adhere to the provisions

16  of s. 393.13.

17         (4)(3)  The agency may contract for the provision of

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

19         (5)(4)  The agency may has the authority to license

20  this program and shall adopt rules to administer implement the

21  program.

22         Section 13.  Subsections (1) and (4) of section

23  393.065, Florida Statutes, are amended, and subsections (5)

24  and (6) are added to that section, to read:

25         393.065  Application and eligibility determination.--

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

27  to the agency, in the service area district in which the

28  applicant resides. The agency Employees of the agency's

29  developmental services program shall review each applicant for

30  eligibility within 45 days after the date the application is

31  signed for children under 6 years of age and within 60 days

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 1  after the date the application is signed for all other

 2  applicants. When necessary to definitively identify individual

 3  conditions or needs, the agency shall provide a comprehensive

 4  assessment. Only applicants individuals whose domicile is in

 5  Florida are eligible for services. Information accumulated by

 6  other agencies, including professional reports and collateral

 7  data, shall be considered in this process when available.

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

 9  medical necessity for prospective residents of

10  intermediate-care facilities for the developmentally disabled

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

12  with the Department of Elderly Affairs for its Comprehensive

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

14  program to conduct assessments to determine the level of need

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

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

17  assessments shall must be funded under Title XIX of the Social

18  Security Act.

19         (5)  With the exception of clients deemed to be in

20  crisis whom the agency shall serve as described in rule, the

21  agency shall place at the top of its wait list for waiver

22  services those children on the wait list who are from the

23  child welfare system with an open case in the Department of

24  Children and Family Services' statewide automated child

25  welfare information system.

26         (6)  The agency may adopt rules specifying application

27  procedures and eligibility criteria as needed to administer

28  this section.

29         Section 14.  Section 393.0651, Florida Statutes, is

30  amended to read:

31  

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 1         393.0651  Family or individual support plan.--The

 2  agency shall provide directly or contract for the development

 3  of a an appropriate family support plan for children ages 3

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

 5  each client. The parent or guardian of The client or, if

 6  competent, the client's parent or guardian client, or, when

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

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

 9  Each plan must shall include the most appropriate, least

10  restrictive, and most cost-beneficial environment for

11  accomplishment of the objectives for client progress and a

12  specification of all services authorized. The plan must shall

13  include provisions for the most appropriate level of care for

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

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

16  shall move toward placement of clients in residential

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

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

19  client to live a dignified life in the least restrictive

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

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

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

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

24  family or individual support plan shall be developed within

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

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

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

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

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

30  clients who are public school students entitled to a free

31  appropriate public education under the Individuals with

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

 2  or individual support plan and IEP shall be implemented to

 3  maximize the attainment of educational and habilitation goals.

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

 5  school program indicates placement in a public or private

 6  residential program is necessary to provide special education

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

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

 9  the requirements of the Individuals with Disabilities

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

11  local education agencies and the agency from sharing the

12  residential service costs of students who are clients and

13  require residential placement. Under no circumstances shall

14  clients entitled to a public education or their parents be

15  assessed a fee by the agency under s. 402.33 for placement in

16  a residential program.

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

18  system, an interdepartmental staffing team composed of

19  representatives of the agency and the local school system

20  shall develop a written transitional living and training plan

21  with the participation of the client or with the parent or

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

23  appropriate.

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

25  facilitated through case management designed solely to advance

26  the individual needs of the client.

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

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

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

30  client who is not capable of express and informed consent

31  when:

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

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

 3  be discovered; or

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

 5  client.

 6  

 7  Such appointment shall not be construed to extend the powers

 8  of the client advocate to include any of those powers

 9  delegated by law to a legal guardian.

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

11  appropriate and least restrictive, and cost-beneficial,

12  residential facility according to his or her individual

13  support habilitation plan. The parent or guardian of The

14  client or, if competent, the client's parent or guardian

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

16  administrator of the residential facility to which placement

17  is proposed shall be consulted in determining the appropriate

18  placement for the client. Considerations for placement shall

19  be made in the following order:

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

21  or direct service provider.

22         (b)  Foster care facility.

23         (c)  Group home facility.

24         (d)  Intermediate care facility for the developmentally

25  disabled.

26         (e)  Other facilities licensed by the agency which

27  offer special programs for people with developmental

28  disabilities.

29         (f)  Developmental disabilities services institution.

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

31  individual support plan, the individual or family with the

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 1  assistance of the support planning team shall identify

 2  measurable objectives for client progress and shall specify a

 3  time period expected for achievement of each objective.

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

 5  shall review progress in achieving the objectives specified in

 6  each client's family or individual support plan, and shall

 7  revise the plan annually, following consultation with the

 8  client, if competent, or with the parent or guardian of the

 9  client, or, when appropriate, the client advocate. The agency

10  or designated contractor shall annually report in writing to

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

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

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

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

15  guardian, authorized guardian advocate, or client advocate for

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

17  initial family or individual support plan, or the annual

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

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

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

21  support plans provided by the agency.

22         Section 15.  Section 393.0654, Florida Statutes, is

23  created to read.

24         393.0654  Direct service providers; private sector

25  services.--It is not a violation of s. 112.313(7) for a direct

26  service provider who is employed by the agency to own,

27  operate, or work in a private facility that is a service

28  provider under contract with the agency if:

29         (1)  The employee does not have any role in the

30  agency's placement recommendations or the client's

31  decisionmaking process regarding placement;

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 1         (2)  The direct service provider's employment with the

 2  agency does not compromise the ability of the client to make a

 3  voluntary choice among private providers for services;

 4         (3)  The employee's employment outside the agency does

 5  not create a conflict with the employee's public duties and

 6  does not impede the full and faithful discharge of the

 7  employee's duties as assigned by the agency; and

 8         (4)  The service provider discloses the dual employment

 9  or ownership status to the agency and all clients within the

10  provider's care. The disclosure must be given to the agency,

11  the client, and the client's guardian or guardian advocate, if

12  appropriate.

13         Section 16.  Section 393.0655, Florida Statutes, is

14  amended to read:

15         393.0655  Screening of direct service providers.--

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

17  2 employment screening pursuant to chapter 435 for direct

18  service providers who are unrelated to their clients,

19  including support coordinators, and managers and supervisors

20  of residential facilities or comprehensive transitional

21  education programs licensed under this chapter s. 393.067 and

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

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

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

25  Background screening shall include employment history checks

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

27  through local law enforcement agencies.

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

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

30  if the volunteer is under the direct and constant visual

31  

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 1  supervision of persons who meet the screening requirements of

 2  this section.

 3         (b)  Licensed physicians, nurses, or other

 4  professionals licensed and regulated by the Department of

 5  Health are not subject to background screening pursuant to

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

 7  their scope of licensed practice.

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

 9  with developmental disabilities and paid by the family or the

10  individual to provide supports or services is not required to

11  have a background screening under this section.

12         (d)  Persons 12 years of age or older, including family

13  members, residing with a the direct services provider who

14  provides services to clients in his or her own place of

15  residence, including family members, are subject to background

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

17  shall be screened for delinquency records only.

18         (e)  A direct service provider who is awaiting the

19  completion of background screening is temporarily exempt from

20  the screening requirements under this section if the provider

21  is under the direct and constant visual supervision of persons

22  who meet the screening requirements of this section. Such

23  exemption expires 90 days after the direct service provider

24  first provides care or services to clients, has access to a

25  client's living areas, or has access to a client's funds or

26  personal property.

27         (2)  EXEMPTIONS FROM DISQUALIFICATION.--The agency may

28  grant exemptions from disqualification from working with

29  children or adults with developmental disabilities only as

30  provided in s. 435.07.

31  

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 1         (3)  PAYMENT FOR PROCESSING OF FINGERPRINTS AND STATE

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

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

 4  employer or by the employee or individual who is being

 5  screened.

 6         (4)  TERMINATION EXCLUSION FROM OWNING, OPERATING, OR

 7  BEING EMPLOYED BY A DIRECT SERVICE PROVIDER RESIDENTIAL

 8  FACILITY; HEARINGS PROVIDED.--

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

10  revoke a license, certification, rate agreement, purchase

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

12  393.0673, s. 393.0675, or s. 393.0678 in addition to or in

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

14  failure to comply with this section.

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

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

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

18  service provider affected, stating the specific record that

19  which indicates noncompliance with the standards in this

20  section.

21         (c)  The procedures established for hearing under

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

23  affected direct service provider in order to present evidence

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

25  to the denial of an exemption from disqualification.

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

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

28  found to be in noncompliance with standards of this section

29  shall result in automatic denial, termination, or revocation

30  of the license or, certification, rate agreement, purchase

31  

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 1  order, or contract, in addition to any other remedies pursued

 2  by the agency.

 3         Section 17.  Section 393.0657, Florida Statutes, is

 4  amended to read:

 5         393.0657  Persons not required to be refingerprinted or

 6  rescreened.--Persons who have undergone any portion of the

 7  background screening required under s. 393.0655 within the

 8  last 12 months are Any provision of law to the contrary

 9  notwithstanding, human resource personnel who have been

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

11  402, and 409, and teachers who have been fingerprinted

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

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

14  perjury attest to the completion of such fingerprinting or

15  screening and to compliance with the provisions of this

16  section and the standards for good moral character as

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

18  394.457(6), 397.451, 402.305(2), and 409.175(6), shall not be

19  required to repeat such screening be refingerprinted or

20  rescreened in order to comply with the any direct service

21  provider screening or fingerprinting requirements. Such

22  persons are responsible for providing documentation of the

23  screening and shall undergo screening for any remaining

24  background screening requirements that have never been

25  conducted or have not been completed within the last 12

26  months.

27         Section 18.  Section 393.066, Florida Statutes, is

28  amended to read:

29         393.066  Community services and treatment for persons

30  who are developmentally disabled.--

31  

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

 2  implement its programs of services and treatment for persons

 3  with developmental disabilities who are developmentally

 4  disabled to allow clients to live as independently as possible

 5  in their own homes or communities and to achieve productive

 6  lives as close to normal as possible. All elements of

 7  community-based services shall be made available, and

 8  eligibility for these services shall be consistent across the

 9  state. In addition, all purchased services shall be approved

10  by the agency.

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

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

13  cost-efficient than having those services provided directly.

14  All purchased services must be approved by the agency.

15         (3)  Community-based services that are medically

16  necessary to prevent institutionalization shall, to the extent

17  of available resources, include:

18         (a)  Day habilitation services, including developmental

19  training services.

20         (b)  Family care services.

21         (c)  Guardian advocate referral services.

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

23  services shall not be provided to clients with spina bifida

24  except as specifically appropriated by the Legislature.

25         (e)  Parent training.

26         (f)  Recreation.

27         (g)  Residential facility services.

28         (h)  Respite services.

29         (i)  Social services.

30         (j)  Specialized therapies.

31  

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 1         (k)  Supported employment, including enclave, job

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

 3         (l)  Supported living.

 4         (m)  Training, including behavioral-analysis services

 5  behavioral programming.

 6         (n)  Transportation.

 7         (o)  Other habilitative and rehabilitative services as

 8  needed.

 9         (4)  The agency shall utilize the services of private

10  businesses, not-for-profit organizations, and units of local

11  government whenever such services are more cost-efficient than

12  such services provided directly by the department, including

13  arrangements for provision of residential facilities.

14         (5)  In order to improve the potential for utilization

15  of more cost-effective, community-based residential

16  facilities, the agency shall promote the statewide development

17  of day habilitation services for clients who live with a

18  direct service provider in a community-based residential

19  facility and who do not require 24-hour-a-day care in a

20  hospital or other health care institution, but who may, in the

21  absence of day habilitation services, require admission to a

22  developmental disabilities institution. Each day service

23  facility shall provide a protective physical environment for

24  clients, ensure that direct service providers meet minimum

25  screening standards as required in s. 393.0655, make available

26  to all day habilitation service participants at least one meal

27  on each day of operation, provide facilities to enable

28  participants to obtain needed rest while attending the

29  program, as appropriate, and provide social and educational

30  activities designed to stimulate interest and provide

31  socialization skills.

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 1         (6)  To promote independence and productivity, the

 2  agency shall provide supports and services, within available

 3  resources, to assist clients enrolled in Medicaid waivers who

 4  choose to pursue gainful employment.

 5         (7)  For the purpose of making needed community-based

 6  residential facilities available at the least possible cost to

 7  the state, the agency is authorized to lease privately owned

 8  residential facilities under long-term rental agreements, if

 9  such rental agreements are projected to be less costly to the

10  state over the useful life of the facility than state purchase

11  or state construction of such a facility.

12         (8)  The agency may adopt rules providing definitions,

13  eligibility criteria, and procedures for the purchase of

14  services to ensure compliance with federal laws or regulations

15  that apply to services provided pursuant to this section.

16         Section 19.  Section 393.067, Florida Statutes, is

17  amended to read:

18         393.067  Facility licensure of residential facilities

19  and comprehensive transitional education programs.--

20         (1)  The agency shall provide through its licensing

21  authority and by rule license-application procedures, a system

22  of provider qualifications, facility and client-care

23  standards, requirements for client records, requirements for

24  staff qualifications and training criteria for meeting

25  standards, and requirements for monitoring foster care for

26  residential facilities, group home facilities, residential

27  habilitation centers, and comprehensive transitional education

28  programs that serve agency clients. Receipt of a license under

29  this section does not create a property right in the

30  recipient. A license issued under this chapter is a public

31  trust and a privilege, and is not an entitlement. This

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 1  privilege must guide the finder of fact or trier of law at any

 2  administrative proceeding or court action initiated by the

 3  agency.

 4         (2)  The agency shall conduct annual inspections and

 5  reviews of residential facilities and comprehensive

 6  transitional education programs licensed under this section

 7  annually.

 8         (3)  An application for a license under this section

 9  must for a residential facility or a comprehensive

10  transitional education program shall be made to the agency on

11  a form furnished by it and shall be accompanied by the

12  appropriate license fee.

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

14  contain the following:

15         (a)  The name and address of the applicant, if an

16  applicant is an individual; if the applicant is a firm,

17  partnership, or association, the name and address of each

18  member thereof; if the applicant is a corporation, its name

19  and address and the name and address of each director and each

20  officer thereof; and the name by which the facility or program

21  is to be known.

22         (b)  The location of the facility or program for which

23  a license is sought.

24         (c)  The name of the person or persons under whose

25  management or supervision the facility or program will be

26  conducted.

27         (d)  The number and type of residents or clients for

28  which maintenance, care, education, or treatment is to be

29  provided by the facility or program.

30  

31  

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 1         (e)  The number and location of the component centers

 2  or units which will compose the comprehensive transitional

 3  education program.

 4         (f)  A description of the types of services and

 5  treatment to be provided by the facility or program.

 6         (g)  Information relating to the number, experience,

 7  and training of the employees of the facility or program.

 8         (h)  Certification that the staff of the facility or

 9  program will receive training to detect and prevent sexual

10  abuse of residents and clients.

11         (i)  Such other information as the agency determines is

12  necessary to carry out the provisions of this chapter.

13         (5)  The applicant shall submit evidence which

14  establishes the good moral character of the manager or

15  supervisor of the facility or program and the direct service

16  providers in the facility or program and its component centers

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

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

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

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

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

22  transitional education program which applies for renewal of

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

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

25  applicant facility or program since submitting fingerprints to

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

27  identifying those direct service providers for whom a written

28  assurance of compliance was provided by the agency or

29  department and identifying those direct service providers who

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

31  awaiting the results of the required fingerprint check along

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 1  with the date of the submission of those fingerprints for

 2  processing. The agency shall by rule determine the frequency

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

 4  criminal records checks for such direct service providers

 5  except for those direct service providers awaiting the results

 6  of initial fingerprint checks for employment at the applicant

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

 8  the direct service providers at the applicant facility or

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

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

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

12  the responsibility of the person being screened, upon request

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

14  disposition information to the agency. Failure to supply the

15  missing information within 30 days or to show reasonable

16  efforts to obtain such information shall result in automatic

17  disqualification.

18         2.  The applicant shall sign an affidavit under penalty

19  of perjury stating that all new direct service providers have

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

21  remaining direct service providers have worked at the

22  applicant facility or program on a continuous basis since

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

24  written assurance of compliance from the agency or department.

25         (5)(b)  As a prerequisite for issuance of an the

26  initial or renewal license, the applicant, manager,

27  supervisor, and all staff members of the direct service

28  provider of a facility or program licensed under this section

29  must submit to background screening as required under s.

30  393.0655. A license may not be issued or renewed if the

31  applicant and any of the managers, supervisors, or direct

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 1  service providers have failed background screenings as

 2  required under s. 393.0655. The agency shall determine by rule

 3  the frequency of background screening. The applicant shall

 4  submit with each initial or renewal application a signed

 5  affidavit under penalty of perjury stating that the applicant

 6  is in compliance with all requirements for background

 7  screening. to a residential facility or comprehensive

 8  transitional education program:

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

10  set of fingerprints, taken by an authorized law enforcement

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

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

13  providers of the facility or program;

14         2.  The agency shall submit the fingerprints to the

15  Department of Law Enforcement for state processing and for

16  federal processing by the Federal Bureau of Investigation; and

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

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

19  393.0655(1) and shall notify the applicant of its findings.

20  When disposition information is missing on a criminal record,

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

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

23  missing disposition information to the agency. Failure to

24  supply the missing information within 30 days or to show

25  reasonable efforts to obtain such information shall result in

26  automatic disqualification.

27         (c)  The agency or a residential facility or

28  comprehensive transitional education program may not use the

29  criminal records or juvenile records of a person obtained

30  under this subsection for any purpose other than determining

31  if that person meets the minimum standards for good moral

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

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

 3  or juvenile records obtained by the agency or a residential

 4  facility or comprehensive transitional education program for

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

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

 7         (6)  Each applicant for licensure as an intermediate

 8  care facility for the developmentally disabled must comply

 9  with the following requirements:

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

11  application, the agency shall require background screening, in

12  accordance with the level 2 standards for screening set forth

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

14  titled individual who is responsible for the daily operation

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

16  similarly titled individual who is responsible for the

17  financial operation of the center, including billings for

18  resident care and services.  The applicant must comply with

19  the procedures for level 2 background screening as set forth

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

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

22  other individual who is an applicant if the agency has

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

24  a crime or has committed any other offense prohibited under

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

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

27  screening requirements of chapter 435 which has been submitted

28  within the previous 5 years in compliance with any other

29  health care licensure requirements of this state is acceptable

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

31  

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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 adopted all 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 licensed under

13  this section, including rules requiring facilities and

14  programs to train staff to detect and prevent sexual abuse of

15  residents and clients, minimum standards of quality and

16  adequacy of client care, incident-reporting requirements, and

17  uniform firesafety standards established by the State Fire

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

19  of the component centers or units of the program.

20         (8)(9)  The agency and the Agency for Health Care

21  Administration, after consultation with the Department of

22  Community Affairs, shall adopt rules for foster care

23  residential facilities, group home facilities, and residential

24  habilitation centers which establish under the respective

25  regulatory jurisdiction of each establishing minimum standards

26  for the preparation and annual update of a comprehensive

27  emergency management plan. At a minimum, the rules must

28  provide for plan components that address emergency evacuation

29  transportation; adequate sheltering arrangements; postdisaster

30  activities, including emergency power, food, and water;

31  postdisaster transportation; supplies; staffing; emergency

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 1  equipment; individual identification of residents and transfer

 2  of records; and responding to family inquiries. The

 3  comprehensive emergency management plan for all comprehensive

 4  transitional education programs and for homes serving

 5  individuals who have complex medical conditions is subject to

 6  review and approval by the local emergency management agency.

 7  During its review, the local emergency management agency shall

 8  ensure that the agency and the Department of Community Affairs

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

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

11  the Agency for Persons with Disabilities, and the Department

12  of Community Affairs. Also, appropriate volunteer

13  organizations must be given the opportunity to review the

14  plan. The local emergency management agency shall complete its

15  review within 60 days and either approve the plan or advise

16  the facility of necessary revisions.

17         (9)(10)  The agency may conduct unannounced inspections

18  to determine compliance by foster care residential facilities,

19  group home facilities, residential habilitation centers, and

20  comprehensive transitional education programs with the

21  applicable provisions of this chapter and the rules adopted

22  pursuant hereto, including the rules adopted for training

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

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

25  make copies of inspection reports available to the public upon

26  request.

27         (11)  An alternative living center and an independent

28  living education center, as defined in s. 393.063, shall be

29  subject to the provisions of s. 419.001, except that such

30  centers shall be exempt from the 1,000-foot-radius requirement

31  of s. 419.001(2) if:

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

 2  manner so that all the component centers of a comprehensive

 3  transition education center may be located thereon; or

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

 5  said radius of 1,000 feet.

 6         (10)(12)  Each residential facility or comprehensive

 7  transitional education program licensed under this section by

 8  the agency shall forward annually to the agency a true and

 9  accurate sworn statement of its costs of providing care to

10  clients funded by the agency.

11         (11)(13)  The agency may audit the records of any

12  residential facility or comprehensive transitional education

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

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

15  any financial audit of such facility or program shall be

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

17         (12)(14)  The agency shall establish, for the purpose

18  of control of licensure costs, a uniform management

19  information system and a uniform reporting system with uniform

20  definitions and reporting categories.

21         (13)(15)  Facilities and programs licensed pursuant to

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

23  393.13, including those enumerated in s. 393.13(4).

24         (14)(16)  An No unlicensed residential facility or

25  comprehensive transitional education program may not shall

26  receive state funds.  A license for the operation of a

27  facility or program shall not be renewed if the licensee has

28  any outstanding fines assessed pursuant to this chapter

29  wherein final adjudication of such fines has been entered.

30         (15)(17)  The agency is shall not be required to

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

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

 2  shall continue to contract within available resources for

 3  residential services with facilities licensed prior to October

 4  1, 1989, if such facilities comply with the provisions of this

 5  chapter and all other applicable laws and regulations.

 6         Section 20.  Subsections (1) and (2) of section

 7  393.0673, Florida Statutes, are amended, and subsection (5) is

 8  added to that section, to read:

 9         393.0673  Denial, suspension, revocation of license;

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

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

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

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

14  393.0655 or s. 393.067 or adopted rules adopted pursuant

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

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

17  operate a facility as defined herein.

18         (2)  The agency, as a part of any final order issued by

19  it pursuant to under the provisions of this chapter, may

20  impose such fine as it deems proper, except that such fine may

21  not exceed $1,000 for each violation.  Each day a violation of

22  this chapter occurs constitutes a separate violation and is

23  subject to a separate fine, but in no event may the aggregate

24  amount of any fine exceed $10,000. Fines paid by any facility

25  licensee under the provisions of this subsection shall be

26  deposited in the Resident Protection Trust Fund and expended

27  as provided in s. 400.063.

28         (5)  The agency shall establish by rule criteria for

29  evaluating the severity of violations and for determining the

30  amount of fines imposed.

31  

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 1         Section 21.  Subsection (1) of section 393.0674,

 2  Florida Statutes, is amended to read:

 3         393.0674  Penalties.--

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

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

 6  person willfully, knowingly, or intentionally to:

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

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

 9  application for voluntary or paid employment a material fact

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

11  qualifications to be a direct service provider;

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

13  with direct service providers who are not in compliance

14  noncompliance with the background-screening requirements

15  minimum standards for good moral character as contained in

16  this chapter; or

17         (c)  Use information from the criminal records or

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

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

20  for employment as specified in those sections or release such

21  information to any other person for any purpose other than

22  screening for employment as specified in those sections.

23         Section 22.  Subsection (3) of section 393.0675,

24  Florida Statutes, is amended to read:

25         393.0675  Injunctive proceedings authorized.--

26         (3)  The agency may institute proceedings for an

27  injunction in a court of competent jurisdiction to terminate

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

29  provider has willfully and knowingly refused to comply with

30  the screening requirement for direct service providers or has

31  refused to terminate direct service providers found not to be

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 1  in compliance with such the requirements for good moral

 2  character.

 3         Section 23.  Subsection (1) of section 393.0678,

 4  Florida Statutes, is amended to read:

 5         393.0678  Receivership proceedings.--

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

 7  jurisdiction for the appointment of a receiver for an

 8  intermediate care facility for the developmentally disabled, a

 9  residential habilitation center, or a group home facility

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

11  the following conditions exist:

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

13  license and refuses to make application for a license as

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

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

16  393.067 and 400.062.

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

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

19  and adequate arrangements have not been made for relocation of

20  the residents within 7 days, exclusive of weekends and

21  holidays, of the closing of the facility.

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

23  facility which present an imminent danger to the health,

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

25  present a substantial probability that death or serious

26  physical harm would result therefrom.  Whenever possible, the

27  agency shall facilitate the continued operation of the

28  program.

29         (d)  The licensee cannot meet its financial obligations

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

31  as the issuance of bad checks or the accumulation of

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

 2  drugs, or utilities constitutes prima facie evidence that the

 3  ownership of the facility lacks the financial ability to

 4  operate the home in accordance with the requirements of this

 5  chapter and all rules promulgated thereunder.

 6         Section 24.  Subsections (1), (2), (3), and (5) of

 7  section 393.068, Florida Statutes, are amended to read:

 8         393.068  Family care program.--

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

10  purpose of providing services and support to families and

11  individuals with developmental disabilities in order to

12  maintain the individual in the home environment and avoid

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

14  available to families and individuals with developmental

15  disabilities shall emphasize community living and

16  self-determination and enable individuals with developmental

17  disabilities to enjoy typical lifestyles. One way to

18  accomplish this is to recognize that families are the greatest

19  resource available to individuals who have developmental

20  disabilities and must be supported in their role as primary

21  care givers.

22         (2)  Services and support authorized under the family

23  care this program shall, to the extent of available resources,

24  include the services listed under s. 393.066 and, in addition,

25  shall include, but not be limited to:

26         (a)  Attendant care.

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

28         (c)  Home visitation by agency workers.

29         (d)  In-home subsidies.

30         (e)  Low-interest loans.

31  

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 1         (f)  Modifications for vehicles used to transport the

 2  individual with a developmental disability.

 3         (g)  Facilitated communication.

 4         (h)  Family counseling.

 5         (i)  Equipment and supplies.

 6         (j)  Self-advocacy training.

 7         (k)  Roommate services.

 8         (l)  Integrated community activities.

 9         (m)  Emergency services.

10         (n)  Support coordination.

11         (o)  Supported employment.

12         (o)(p)  Other support services as identified by the

13  family or individual.

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

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

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

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

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

19  direct service provider of a client enrolled in the family

20  care program shall be reimbursed according to a rate schedule

21  set by the agency, except that. in-home subsidies cited in

22  paragraph (2)(d) shall be provided in accordance with

23  according to s. 393.0695 and are not subject to any other

24  payment method or rate schedule provided for in this section.

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

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

27  in-home subsidies cited in paragraph (2)(d), which shall be

28  provided pursuant to s. 393.0695. Otherwise, purchase of

29  service contracts shall be used whenever the services so

30  provided are more cost-efficient than those provided by the

31  agency.

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 1         Section 25.  Subsection (3) of section 393.0695,

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

 3  that section, to read:

 4         393.0695  Provision of in-home subsidies.--

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

 6  determination of need and must not exceed maximum amounts set

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

 8         (5)  The agency shall adopt rules to administer this

 9  section, including standards and procedures governing

10  eligibility for services, selection of housing, selection of

11  providers, and planning for services, and requirements for

12  ongoing monitoring.

13         Section 26.  Subsection (2) of section 393.075, Florida

14  Statutes, is amended to read:

15         393.075  General liability coverage.--

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

17  of Financial Services shall provide coverage through the

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

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

20  cares for children placed by developmental services staff of

21  the agency, and who is licensed pursuant to s. 393.067 to

22  provide such supervision and care in his or her place of

23  residence. The coverage shall be provided from the general

24  liability account of the State Risk Management Trust Fund. The

25  coverage is limited to general liability claims arising from

26  the provision of supervision and care of children in a foster

27  care facility or group home facility pursuant to an agreement

28  with the agency and pursuant to guidelines established through

29  policy, rule, or statute. Coverage shall be subject to the

30  limits provided in ss. 284.38 and 284.385, and the exclusions

31  set forth therein, together with other exclusions as may be

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 1  set forth in the certificate of coverage issued by the trust

 2  fund. A person covered under the general liability account

 3  pursuant to this subsection shall immediately notify the

 4  Division of Risk Management of the Department of Financial

 5  Services of any potential or actual claim.

 6         Section 27.  Section 393.11, Florida Statutes, is

 7  amended to read:

 8         393.11  Involuntary admission to residential

 9  services.--

10         (1)  JURISDICTION.--When a person who has been

11  determined eligible for services for mental retardation under

12  this chapter is mentally retarded and requires involuntary

13  admission to residential services provided by the agency, the

14  circuit court of the county in which the person resides shall

15  have jurisdiction to conduct a hearing and enter an order

16  involuntarily admitting the person in order that the person

17  may receive the care, treatment, habilitation, and

18  rehabilitation which the person needs. For the purpose of

19  identifying mental retardation, diagnostic capability shall be

20  established by the agency. The involuntary commitment of a

21  person with mental retardation or autism who is charged with a

22  felony offense shall be determined in accordance with s.

23  916.302. Except as otherwise specified, the proceedings under

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

25  Procedure.

26         (2)  PETITION.--

27         (a)  A petition for involuntary admission to

28  residential services may be executed by a petitioning

29  commission. For proposed involuntary admission to residential

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

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

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

 2  defendant's attorney.

 3         (b)  The petitioning commission shall consist of three

 4  persons.  One of these persons shall be a physician licensed

 5  and practicing under chapter 458 or chapter 459.

 6         (c)  The petition shall be verified and shall:

 7         1.  State the name, age, and present address of the

 8  commissioners and their relationship to the person with mental

 9  retardation or autism;

10         2.  State the name, age, county of residence, and

11  present address of the person with mental retardation or

12  autism;

13         3.  Allege that the commission believes that the person

14  needs involuntary residential services and specify the factual

15  information on which the such belief is based;

16         4.  Allege that the person lacks sufficient capacity to

17  give express and informed consent to a voluntary application

18  for services and lacks the basic survival and self-care skills

19  to provide for the person's well-being or is likely to

20  physically injure others if allowed to remain at liberty; and

21         5.  State which residential setting is the least

22  restrictive and most appropriate alternative and specify the

23  factual information on which the such belief is based.

24         (d)  The petition shall be filed in the circuit court

25  of the county in which the person with mental retardation or

26  autism resides.

27         (3)  NOTICE.--

28         (a)  Notice of the filing of the petition shall be

29  given to the individual and his or her legal guardian.  The

30  notice shall be given both verbally and in writing in the

31  language of the client, or in other modes of communication of

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 1  the client, and in English. Notice shall also be given to such

 2  other persons as the court may direct.  The petition for

 3  involuntary admission to residential services shall be served

 4  with the notice.

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

 6  pursuant to s. 916.303 to dismiss criminal charges against a

 7  defendant with retardation or autism, and a petition is filed

 8  to involuntarily admit the defendant to residential services

 9  under this section, the notice of the filing of the petition

10  shall also be given to the defendant's attorney, and to the

11  state attorney of the circuit from which the defendant was

12  committed, and the agency.

13         (c)  The notice shall state that a hearing shall be set

14  to inquire into the need of the person with mental retardation

15  or autism for involuntary residential services.  The notice

16  shall also state the date of the hearing on the petition.

17         (d)  The notice shall state that the individual with

18  mental retardation or autism has the right to be represented

19  by counsel of his or her own choice and that, if the person

20  cannot afford an attorney, the court shall appoint one.

21         (4)  AGENCY DEVELOPMENTAL SERVICES PARTICIPATION.--

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

23  immediately order the developmental services program of the

24  agency to examine the person being considered for involuntary

25  admission to residential services.

26         (b)  Following examination, the agency shall file After

27  the developmental services program examines the person, a

28  written report shall be filed with the court not less than 10

29  working days before the date of the hearing. The report must

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

31  

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 1  retardation, and the person's attorney at the time the report

 2  is filed with the court.

 3         (c)  The report must shall contain the findings of the

 4  agency's developmental services program evaluation, and any

 5  recommendations deemed appropriate, and a determination of

 6  whether the person is eligible for services under this

 7  chapter.

 8         (5)  EXAMINING COMMITTEE.--

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

10  immediately appoint an examining committee to examine the

11  person being considered for involuntary admission to

12  residential services provided by of the developmental services

13  program of the agency.

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

15  disinterested experts who have demonstrated to the court an

16  expertise in the diagnosis, evaluation, and treatment of

17  persons with mental retardation.  The committee must shall

18  include at least one licensed and qualified physician, one

19  licensed and qualified psychologist, and one qualified

20  professional with a minimum of a masters degree in social

21  work, special education, or vocational rehabilitation

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

23  hearing on the involuntary admission to residential services.

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

25  involuntary admission to residential services and counsel for

26  the petition commission has shall have the right to challenge

27  the qualifications of those appointed to the examining

28  committee.

29         (d)  Members of the committee may shall not be

30  employees of the agency or be associated with each other in

31  practice or in employer-employee relationships.  Members of

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 1  the committee may shall not have served as members of the

 2  petitioning commission.  Members of the committee may shall

 3  not be employees of the members of the petitioning commission

 4  or be associated in practice with members of the commission.

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

 6  the court.  The report must shall explicitly document the

 7  extent that the person meets the criteria for involuntary

 8  admission.  The report, and expert testimony, must shall

 9  include, but not be limited to:

10         1.  The degree of the person's mental retardation and

11  whether, using diagnostic capabilities established by the

12  agency, the person is eligible for agency services;

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

14  retardation, the person:

15         a.  Lacks sufficient capacity to give express and

16  informed consent to a voluntary application for services

17  pursuant to s. 393.065;

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

19  degree that close supervision and habilitation in a

20  residential setting is necessary and if not provided would

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

22  person's well-being; or

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

24  remain at liberty.

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

26         4.  A recommendation on the type of residential

27  placement which would be the most appropriate and least

28  restrictive for the person; and

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

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

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

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

 2  mental retardation, and the person's attorney at the time the

 3  report is filed with the court, and the agency.

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

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

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

 7  the person with mental retardation resided when the petition

 8  was filed.

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

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

11  the examining committee.

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

13         (a)  The person with mental retardation shall be

14  represented by counsel at all stages of the judicial

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

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

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

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

19  service provider and the agency.  In all cases, the attorney

20  shall represent the rights and legal interests of the person

21  with mental retardation, regardless of who may initiate the

22  proceedings or pay the attorney's fee.

23         (b)  If the attorney, during the course of his or her

24  representation, reasonably believes that the person with

25  mental retardation cannot adequately act in his or her own

26  interest, the attorney may seek the appointment of a guardian

27  ad litem.  A prior finding of incompetency is not required

28  before a guardian ad litem is appointed pursuant to this

29  section.

30         (7)  HEARING.--

31  

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 1         (a)  The hearing for involuntary admission shall be

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

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

 4  convenient to the person as may be consistent with orderly

 5  procedure. The hearing shall be conducted in a physical

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

 7         (b)  A hearing on the petition must shall be held as

 8  soon as practicable after the petition is filed, but

 9  reasonable delay for the purpose of investigation, discovery,

10  or procuring counsel or witnesses shall be granted.

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

12  magistrate to preside. Except as otherwise specified, the

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

14  Florida Rules of Civil Procedure.

15         (d)  The person with mental retardation shall be

16  physically present throughout the entire proceeding.  If the

17  person's attorney believes that the person's presence at the

18  hearing is not in the person's best interest, the person's

19  presence may be waived once the court has seen the person and

20  the hearing has commenced.

21         (e)  The person has shall have the right to present

22  evidence and to cross-examine all witnesses and other evidence

23  alleging the appropriateness of the person's admission to

24  residential care. Other relevant and material evidence

25  regarding the appropriateness of the person's admission to

26  residential services; the most appropriate, least restrictive

27  residential placement; and the appropriate care, treatment,

28  and habilitation of the person, including written or oral

29  reports, may be introduced at the hearing by any interested

30  person.

31  

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 1         (f)  The petitioning commission may be represented by

 2  counsel at the hearing.  The petitioning commission shall have

 3  the right to call witnesses, present evidence, cross-examine

 4  witnesses, and present argument on behalf of the petitioning

 5  commission.

 6         (g)  All evidence shall be presented according to

 7  chapter 90.  The burden of proof shall be on the party

 8  alleging the appropriateness of the person's admission to

 9  residential services. The burden of proof shall be by clear

10  and convincing evidence.

11         (h)  All stages of each proceeding shall be

12  stenographically reported.

13         (8)  ORDER.--

14         (a)  In all cases, the court shall issue written

15  findings of fact and conclusions of law to support its

16  decision.  The order must shall state the basis for the such

17  findings of fact.

18         (b)  An order of involuntary admission to residential

19  services may shall not be entered unless the court finds that:

20         1.  The person is mentally retarded or autistic;

21         2.  Placement in a residential setting is the least

22  restrictive and most appropriate alternative to meet the

23  person's needs; and

24         3.  Because of the person's degree of mental

25  retardation or autism, the person:

26         a.  Lacks sufficient capacity to give express and

27  informed consent to a voluntary application for services

28  pursuant to s. 393.065 and lacks basic survival and self-care

29  skills to such a degree that close supervision and

30  habilitation in a residential setting is necessary and, if not

31  

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 1  provided, would result in a real and present threat of

 2  substantial harm to the person's well-being; or

 3         b.  Is likely to physically injure others if allowed to

 4  remain at liberty.

 5         (c)  If the evidence presented to the court is not

 6  sufficient to warrant involuntary admission to residential

 7  services, but the court feels that residential services would

 8  be beneficial, the court may recommend that the person seek

 9  voluntary admission.

10         (d)  If an order of involuntary admission to

11  residential services provided by the developmental services

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

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

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

15  defense counsel, if applicable.  The order of involuntary

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

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

18  contained in the court file.

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

20  45 days, provide the court with a copy of the person's family

21  or individual support plan and copies of all examinations and

22  evaluations, outlining the treatment and rehabilitative

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

24  placed in the most appropriate, least restrictive and

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

26  family or individual support plan and other examinations and

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

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

29  court.

30         (9)  EFFECT OF THE ORDER OF INVOLUNTARY ADMISSION TO

31  RESIDENTIAL SERVICES.--

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 1         (a)  In no case shall An order authorizing an admission

 2  to residential care may not be considered an adjudication of

 3  mental incompetency. A No person is not shall be presumed

 4  incompetent solely by reason of the person's involuntary

 5  admission to residential services. A No person may not shall

 6  be denied the full exercise of all legal rights guaranteed to

 7  citizens of this state and of the United States.

 8         (b)  Any minor involuntarily admitted to residential

 9  services shall, upon reaching majority, be given a hearing to

10  determine the continued appropriateness of his or her

11  involuntary admission.

12         (10)  COMPETENCY.--

13         (a)  The issue of competency shall be separate and

14  distinct from a determination of the appropriateness of

15  involuntary admission to residential services for a condition

16  of mental retardation.

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

18  mental retardation for purposes of assigning guardianship

19  shall be determined in a separate proceeding according to the

20  procedures and requirements of chapter 744 and the Florida

21  Probate Rules. The issue of the competency of a person with

22  mental retardation or autism for purposes of determining

23  whether the person is competent to proceed in a criminal trial

24  shall be determined in accordance with chapter 916.

25         (11)  CONTINUING JURISDICTION.--The court which issues

26  the initial order for involuntary admission to residential

27  services under this section has shall have continuing

28  jurisdiction to enter further orders to ensure that the person

29  is receiving adequate care, treatment, habilitation, and

30  rehabilitation, including psychotropic medication and

31  behavioral programming. Upon request, the court may transfer

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 1  the continuing jurisdiction to the court where a client

 2  resides if it is different from where the original involuntary

 3  admission order was issued. A No person may not be released

 4  from an order for involuntary admission to residential

 5  services except by the order of the court.

 6         (12)  APPEAL.--

 7         (a)  Any party to the proceeding who is affected by an

 8  order of the court may appeal to the appropriate district

 9  court of appeal within the time and in the manner prescribed

10  by the Florida Rules of Appellate Procedure.

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

12  retardation shall stay admission of the person into

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

14  pendency of all review proceedings in Florida courts until a

15  mandate issues.

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

17  any person involuntarily admitted into residential care to the

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

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

20  file a petition for a writ of habeas corpus to question the

21  cause, legality, and appropriateness of the person's

22  involuntary admission.  Each person, or the person's parent or

23  legal guardian, shall receive specific written notice of the

24  right to petition for a writ of habeas corpus at the time of

25  his or her involuntary placement.

26         Section 28.  Section 393.122, Florida Statutes, is

27  amended to read:

28         393.122  Applications for continued residential

29  services.--

30  

31  

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 1         (1)  If a client is discharged from residential

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

 3  application for needed services shall be encouraged.

 4         (2)  A No client receiving services from a state agency

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

 6  continued services due to any change in eligibility

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

 8         Section 29.  Section 393.13, Florida Statutes, is

 9  amended to read:

10         393.13  Personal Treatment of persons with

11  developmental disabilities who are developmentally disabled.--

12         (1)  SHORT TITLE.--This section act shall be known as

13  "The Bill of Rights of Persons with Developmental Disabilities

14  Who are Developmentally Disabled."

15         (2)  LEGISLATIVE INTENT.--

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

17  of care provided to individuals who are developmentally

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

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

20         (b)  The Legislature further finds and declares that

21  the design and delivery of treatment and services to persons

22  with developmental disabilities who are developmentally

23  disabled should be directed by the principles of

24  self-determination normalization and therefore should:

25         1.  Abate the use of large institutions.

26         2.  Continue the development of community-based

27  services that which provide reasonable alternatives to

28  institutionalization in settings that are least restrictive to

29  the client and that provide opportunities for inclusion in the

30  community.

31  

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 1         3.  Provide training and education that to individuals

 2  who are developmentally disabled which will maximize their

 3  potential to lead independent and productive lives and that

 4  which will afford opportunities for outward mobility from

 5  institutions.

 6         4.  Reduce the use of sheltered workshops and other

 7  noncompetitive employment day activities and promote

 8  opportunities for those gainful employment for persons with

 9  developmental disabilities who choose to seek such employment.

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

11  duplicative and unnecessary administrative procedures and

12  practices shall be eliminated, and areas of responsibility

13  shall be clearly defined and consolidated in order to

14  economically utilize present resources.  Furthermore,

15  personnel providing services should be sufficiently qualified

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

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

18  which is beneficial to the clients.

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

20         1.  To articulate the existing legal and human rights

21  of persons with developmental disabilities who are

22  developmentally disabled so that they may be exercised and

23  protected. Persons with developmental disabilities shall have

24  all the rights enjoyed by citizens of the state and the United

25  States.

26         2.  To provide a mechanism for the identification,

27  evaluation, and treatment of persons with developmental

28  disabilities.

29         3.  To divert those individuals from institutional

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

31  

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 1  placed in less costly, more effective community environments

 2  and programs.

 3         4.  To fund improvements in the program in accordance

 4  with the availability of state resources and yearly priorities

 5  determined by the Legislature.

 6         5.  To ensure that persons with developmental

 7  disabilities receive treatment and habilitation which fosters

 8  the developmental potential of the individual.

 9         6.  To provide programs for the proper habilitation and

10  treatment of persons with developmental disabilities which

11  shall include, but not be limited to, comprehensive

12  medical/dental care, education, recreation, specialized

13  therapies, training, social services, transportation,

14  guardianship, family care programs, day habilitation services,

15  and habilitative and rehabilitative services suited to the

16  needs of the individual regardless of age, degree of

17  disability, or handicapping condition. It is the intent of the

18  Legislature that no person with developmental disabilities

19  shall be deprived of these enumerated services by reason of

20  inability to pay.

21         7.  To fully effectuate the principles of

22  self-determination normalization principle through the

23  establishment of community services for persons with

24  developmental disabilities as a viable and practical

25  alternative to institutional care at each stage of individual

26  life development and to promote opportunities for community

27  inclusion. If care in a residential facility becomes

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

29         8.  To achieve an ongoing reduction in the use of

30  restraint and seclusion in facilities and programs serving

31  persons with developmental disabilities.

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

 2  guarantee individual dignity, liberty, pursuit of happiness,

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

 4  developmental disabilities.

 5         (3)  RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL

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

 7  apply to all persons with developmental disabilities, whether

 8  or not such persons are clients of the agency.

 9         (a)  Persons with developmental disabilities shall have

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

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

12         (b)  Persons with developmental disabilities shall have

13  the right to religious freedom and practice.  Nothing shall

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

15  preference and practice.

16         (c)  Persons with developmental disabilities shall

17  receive services, within available sources, which protect the

18  personal liberty of the individual and which are provided in

19  the least restrictive conditions necessary to achieve the

20  purpose of treatment.

21         (d)  Persons who are developmentally disabled shall

22  have a right to participate in an appropriate program of

23  quality education and training services, within available

24  resources, regardless of chronological age or degree of

25  disability.  Such persons may be provided with instruction in

26  sex education, marriage, and family planning.

27         (e)  Persons who are developmentally disabled shall

28  have a right to social interaction and to participate in

29  community activities.

30  

31  

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 1         (f)  Persons who are developmentally disabled shall

 2  have a right to physical exercise and recreational

 3  opportunities.

 4         (g)  Persons who are developmentally disabled shall

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

 6  physical, chemical, or mechanical restraint, isolation,

 7  excessive medication, abuse, or neglect.

 8         (h)  Persons who are developmentally disabled shall

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

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

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

12  having a developmental disability, be excluded from

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

14  to discrimination under, any program or activity which

15  receives public funds, and all prohibitions set forth under

16  any other statute shall be actionable under this statute.

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

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

19  in public elections.

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

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

22  include any person served in a facility licensed under

23  pursuant to s. 393.067.

24         (a)  Clients shall have an unrestricted right to

25  communication:

26         1.  Each client is shall be allowed to receive, send,

27  and mail sealed, unopened correspondence. A No client's

28  incoming or outgoing correspondence may not shall be opened,

29  delayed, held, or censored by the facility unless there is

30  reason to believe that it contains items or substances which

31  may be harmful to the client or others, in which case the

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 1  chief administrator of the facility may direct reasonable

 2  examination of such mail and regulate the disposition of such

 3  items or substances.

 4         2.  Clients in residential facilities shall be afforded

 5  reasonable opportunities for telephone communication, to make

 6  and receive confidential calls, unless there is reason to

 7  believe that the content of the telephone communication may be

 8  harmful to the client or others, in which case the chief

 9  administrator of the facility may direct reasonable

10  observation and monitoring to the telephone communication.

11         3.  Clients shall have an unrestricted right to

12  visitation subject to reasonable rules of the facility.

13  However, nothing in this provision may not shall be construed

14  to permit infringement upon other clients' rights to privacy.

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

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

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

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

19  an appropriately approved behavioral program.  The chief

20  administrator of the facility may take temporary custody of

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

22  safety reasons.  Custody of such personal effects shall be

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

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

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

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

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

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

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

30  that client and may shall not accrue to the general welfare of

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

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 1  Interest so accrued shall be used or conserved for the

 2  personal use or benefit of the individual client as provided

 3  in s. 402.17(2).

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

 5  accounting shall be made of all personal effects and money

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

 7  effects and money, including interest, shall be promptly

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

 9         (c)  Each client shall receive prompt and appropriate

10  medical treatment and care for physical and mental ailments

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

12  treatment shall be consistent with the accepted standards of

13  medical practice in the community.

14         1.  Medication shall be administered only at the

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

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

17  implementation of an individual or family support plan or

18  behavior-analysis services behavior modification programming,

19  or in unnecessary or excessive quantities.

20         2.  Daily notation of medication received by each

21  client in a residential facility shall be kept in the client's

22  record.

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

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

25  facility shall be reviewed by the attending physician or other

26  appropriate monitoring body, consistent with appropriate

27  standards of medical practice. All prescriptions shall have a

28  termination date.

29         4.  When pharmacy services are provided at any

30  residential facility, such services shall be directed or

31  

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 1  supervised by a professionally competent pharmacist licensed

 2  according to the provisions of chapter 465.

 3         5.  Pharmacy services shall be delivered in accordance

 4  with the provisions of chapter 465.

 5         6.  Prior to instituting a plan of experimental medical

 6  treatment or carrying out any necessary surgical procedure,

 7  express and informed consent shall be obtained from the

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

 9  guardian. Information upon which the client shall make

10  necessary treatment and surgery decisions shall include, but

11  not be limited to:

12         a.  The nature and consequences of such procedures.

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

14  procedures.

15         c.  Alternate procedures available.

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

17  unknown or unlocatable and the physician is unwilling to

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

19  of competent jurisdiction shall hold a hearing to determine

20  the appropriateness of the surgical procedure. The client

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

22  condition precludes such presence, represented by counsel, and

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

24  to cross-examine, all witnesses alleging the appropriateness

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

26  clear and convincing evidence shall be on the party alleging

27  the appropriateness of such procedures. The express and

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

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

30  treatment or surgery.

31  

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 1         8.  The absence of express and informed consent

 2  notwithstanding, a licensed and qualified physician may render

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

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

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

 6  delay in initiation of emergency medical care or treatment

 7  would endanger the health of the client.

 8         (d)  Each client shall have access to individual

 9  storage space for his or her private use.

10         (e)  Each client shall be provided with appropriate

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

12  family support plan. Indoor and outdoor facilities and

13  equipment for such physical exercise shall be provided.

14         (f)  Each client shall receive humane discipline.

15         (g)  A No client may not shall be subjected to a

16  treatment program to eliminate problematic bizarre or unusual

17  behaviors without first being examined by a physician who in

18  his or her best judgment determines that such behaviors are

19  not organically caused.

20         1.  Treatment programs involving the use of noxious or

21  painful stimuli are shall be prohibited.

22         2.  All alleged violations of this paragraph shall be

23  reported immediately to the chief administrator administrative

24  officer of the facility and or the district administrator, the

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

26  thorough investigation of each incident shall be conducted and

27  a written report of the finding and results of the such

28  investigation shall be submitted to the chief administrator

29  administrative officer of the facility or the district

30  administrator and to the agency head within 24 hours after of

31  the occurrence or discovery of the incident.

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

 2  oversight of behavioral programs. The Such system shall

 3  establish guidelines and procedures governing the design,

 4  approval, implementation, and monitoring of all behavioral

 5  programs involving clients. The system shall ensure statewide

 6  and local review by committees of professionals certified as

 7  behavior analysts pursuant to s. 393.17. No behavioral program

 8  shall be implemented unless reviewed according to the rules

 9  established by the agency under this section. Nothing stated

10  in this section shall prohibit the review of programs by the

11  Florida statewide or local advocacy councils.

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

13  compliance with federal wage and hour laws shall be provided

14  with minimum wage protection and fair compensation for labor

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

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

17  unnecessary use of physical, chemical, or mechanical restraint

18  or seclusion. Restraints and seclusion should only be used in

19  situations in which the client or others are at risk of

20  injury. Restraints shall be employed only in emergencies or to

21  protect the client from imminent injury to himself or herself

22  or others.  Restraints may shall not be employed as

23  punishment, for the convenience of staff, or as a substitute

24  for a support habilitative plan.  Restraints shall impose the

25  least possible restrictions consistent with their purpose and

26  shall be removed when the emergency ends.  Restraints may

27  shall not cause physical injury to the client and must shall

28  be designed to allow the greatest possible comfort. Any

29  instance of the use of restraint or seclusion must be

30  documented in the facility or program record of the client. 

31  

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 1         1.  Mechanical supports used in normative situations to

 2  achieve proper body position and balance shall not be

 3  considered restraints, but shall be prescriptively designed

 4  and applied under the supervision of a qualified professional

 5  with concern for principles of good body alignment,

 6  circulation, and allowance for change of position.

 7         2.  Totally enclosed cribs and barred enclosures shall

 8  be considered restraints.

 9         1.3.  Daily reports on the employment of restraint or

10  seclusion physical, chemical, or mechanical restraints by

11  those specialists authorized in the use of restraint and

12  seclusion such restraints shall be made to the appropriate

13  chief administrator of the facility or program, and a monthly

14  compilation summary of the such reports shall be relayed to

15  the agency's local area office district administrator and the

16  Florida local advocacy council. The reports shall summarize

17  all such cases of restraints, the type used, the duration of

18  usage, and the reasons therefor. The area office Districts

19  shall submit the districtwide quarterly reports of these

20  summaries to the agency's headquarters state Developmental

21  Disabilities Program Office.

22         2.4.  The agency shall adopt by rule standards and

23  procedures governing the use of restraint and seclusion post a

24  copy of the rules adopted under this section in each living

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

26  under this subparagraph section shall be given to the client,

27  parent, guardian or guardian advocate, and all staff members

28  of licensed facilities and programs licensed under this

29  chapter and shall be made a part of all staff preservice and

30  inservice training programs.

31  

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

 2  central record shall be established by the agency at the time

 3  that an individual is determined eligible for services, shall

 4  be maintained by the client's support coordinator, and must

 5  contain information include data pertaining to admission,

 6  diagnosis and treatment history, present condition, and such

 7  other information as may be required under rules of the

 8  agency. The central record is the property of the agency.

 9         1.2.  Unless waived by the client, if competent, or the

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

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

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

13  it shall be released except:

14         a.  The record may be released to physicians,

15  attorneys, and government agencies having need of the record

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

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

18  incompetent.

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

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

21  excluding matters privileged by other provisions of law.

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

23  a qualified researcher, a staff member of the facility where

24  the client resides, or an employee of the agency when the

25  administrator of the facility or the director of the agency

26  deems it necessary for the treatment of the client,

27  maintenance of adequate records, compilation of treatment

28  data, or evaluation of programs.

29         d.  Information from the records may be used for

30  statistical and research purposes if the information is

31  

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 1  abstracted in such a way to protect the identity of

 2  individuals.

 3         3.  All central records for each client in residential

 4  facilities shall be kept on uniform forms distributed by the

 5  agency.  The central record shall accurately summarize each

 6  client's history and present condition.

 7         2.4.  The client, if competent, or the client's parent

 8  or legal guardian if the client is incompetent, shall be

 9  supplied with a copy of the client's central record upon

10  request.

11         (j)(k)  Each client residing in a residential facility

12  who is eligible to vote in public elections according to the

13  laws of the state has shall have the right to vote.

14  Facilities operators shall arrange the means to exercise the

15  client's right to vote.

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

17  or abuses any rights or privileges of persons who are

18  developmentally disabled provided by this chapter is act shall

19  be liable for damages as determined by law.  Any person who

20  acts in good faith compliance with the provisions of this

21  chapter is act shall be immune from civil or criminal

22  liability for actions in connection with evaluation,

23  admission, habilitative programming, education, treatment, or

24  discharge of a client.  However, this section does shall not

25  relieve any person from liability if the such person is guilty

26  of negligence, misfeasance, nonfeasance, or malfeasance.

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

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

29  such person if the person is incompetent, shall promptly

30  receive from the agency or the Department of Education a

31  written copy of this act. Each person with developmental

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 1  disabilities able to comprehend shall be promptly informed, in

 2  the language or other mode of communication which such person

 3  understands, of the above legal rights of persons with

 4  developmental disabilities.

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

 6  providing services to clients who are desirous and capable of

 7  participating shall initiate and develop a program of resident

 8  government to hear the views and represent the interests of

 9  all clients served by the facility. The resident government

10  shall be composed of residents elected by other residents,

11  staff advisers skilled in the administration of community

12  organizations, and, at the option of the residential

13  government, representatives of advocacy groups for persons

14  with developmental disabilities from the community 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 30.  Subsections (1), (2), (3), (4), and (5) of

20  section 393.135, Florida Statutes, are amended to read:

21         393.135  Sexual misconduct prohibited; reporting

22  required; penalties.--

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

24         (a)  "Covered person" "Employee" includes any employee,

25  paid staff member, volunteer, or intern of the agency or the

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

27  department; and any person providing care or support to a

28  client on behalf of 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 a covered person an employee and a client to whom a

19  covered person renders services, care, or support on behalf of

20  the agency or its providers, or between a covered person and

21  another client who lives in the same home as the client to

22  whom a covered person is rendering the services, care, or

23  support, regardless of the consent of the client. The term

24  does not include an act done for a bona fide medical purpose

25  or an internal search conducted in the lawful performance of

26  duty by a covered person an employee.

27         (2)  A covered person An employee who engages in sexual

28  misconduct with an individual with a developmental disability

29  who:

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

31  

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 1         (a)(b)  Resides in a residential facility, including

 2  any comprehensive transitional education program,

 3  developmental disabilities services institution, foster care

 4  facility, group home facility, intermediate care facility for

 5  the developmentally disabled, or residential habilitation

 6  center; or

 7         (b)(c)  Is eligible to receive Receives services from

 8  the agency under this chapter a family care program,

 9  

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

11  in s. 775.082, s. 775.083, or s. 775.084. A covered person An

12  employee may be found guilty of violating this subsection

13  without having committed the crime of sexual battery.

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

15  not a defense to prosecution under this section.

16         (4)  This section does not apply to a covered person an

17  employee who:

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

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

20  the employee engaged in sexual misconduct is a client

21  receiving services as described in subsection (2).

22         (5)  A covered person An employee who witnesses sexual

23  misconduct, or who otherwise knows or has reasonable cause to

24  suspect that a person has engaged in sexual misconduct, shall

25  immediately report the incident to the department's central

26  abuse hotline of the Department of Children and Family

27  Services and to the appropriate local law enforcement agency.

28  The covered person Such employee shall also prepare, date, and

29  sign an independent report that specifically describes the

30  nature of the sexual misconduct, the location and time of the

31  incident, and the persons involved. The covered person

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 1  employee shall deliver the report to the supervisor or program

 2  director, who is responsible for providing copies to the

 3  agency's local office and the agency's department's inspector

 4  general. The inspector general shall immediately conduct an

 5  appropriate administrative investigation, and, if there is

 6  probable cause to believe that sexual misconduct has occurred,

 7  the inspector general shall notify the state attorney in the

 8  circuit in which the incident occurred.

 9         Section 31.  Section 393.15, Florida Statutes, is

10  amended to read:

11         393.15  Legislative intent; Community Resources

12  Development Loan Program Trust Fund.--

13         (1)  The Legislature finds and declares that the

14  development of community-based treatment facilities for

15  persons with developmental disabilities who are

16  developmentally disabled is desirable and recommended and

17  should be encouraged and fostered by the state. The

18  Legislature further recognizes that the development of such

19  facilities is financially difficult for private individuals,

20  due to initial expenditures required to adapt existing

21  structures to the special needs of such persons who are

22  developmentally disabled who may be served in community-based

23  foster care, group home, developmental training, and supported

24  employment programs. Therefore, it is the intent of the

25  Legislature intends that the agency by this act to develop and

26  administer a loan program trust fund to provide support and

27  encouragement in the establishment of community-based foster

28  care, group home, developmental training, and supported

29  employment programs for persons with developmental

30  disabilities who are developmentally disabled.

31  

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 1         (2)  As used in this section, a foster care, group

 2  home, developmental training, or supported employment program

 3  may not be a for-profit corporation, but may be a nonprofit

 4  corporation, partnership, or sole proprietorship.

 5         (2)(3)  There is created a Community Resources

 6  Development Loan Program in Trust Fund in the State Treasury

 7  to be used by the agency for the purpose of granting loans to

 8  eligible programs for the initial costs of development of the

 9  programs. In order to be eligible for the program, a foster

10  home, group home, or supported employment program must:

11         (a)  Serve persons with developmental disabilities;

12         (b)  Be a nonprofit corporation, partnership, or sole

13  proprietorship; and

14         (c)  Be Loans shall be made only to those facilities

15  which are in compliance with the zoning regulations of the

16  local community.

17         (3)  Loans may be made to pay for the costs of

18  development and may include structural modification, the

19  purchase of equipment and fire and safety devices,

20  preoperational staff training, and the purchase of insurance.

21  Such costs may shall not include the actual construction of a

22  facility and may not be in lieu of payment for maintenance,

23  client services, or care provided.

24         (4)  The agency may grant to an eligible program a

25  lump-sum loan in one payment not to exceed the cost to the

26  program of providing 2 months' services, care, or maintenance

27  to each person who is developmentally disabled to be placed in

28  the program by the agency, or the actual cost of firesafety

29  renovations to a facility required by the state, whichever is

30  greater. Loans granted to programs shall not be in lieu of

31  

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 1  payment for maintenance, services, or care provided, but shall

 2  stand separate and distinct.

 3         (5)  The agency shall adopt rules, as provided in

 4  chapter 120, to determine the criteria standards under which a

 5  program shall be eligible to receive a loan as provided in

 6  this section and the methodology criteria for the equitable

 7  allocation of loan trust funds when eligible applications

 8  exceed the funds available.

 9         (6)(5)  Any loan granted by the agency under this

10  section shall be repaid by the program within 5 years and the

11  amount paid shall be deposited into the agency's

12  Administrative Trust Fund. Moneys repaid shall be used to fund

13  new loans. A program that operates as a nonprofit corporation

14  meeting the requirements of s. 501(c)(3) of the Internal

15  Revenue Code, and that seeks forgiveness of its loan shall

16  submit to the agency an annual a statement setting forth the

17  service it has provided during the year together with such

18  other information as the agency by rule shall require, and,

19  upon approval of each such annual statement, the agency may

20  shall forgive up to 20 percent of the principal of any such

21  loan granted after June 30, 1975.

22         (7)(6)  If any program that has received a loan under

23  this section ceases to accept, or provide care, services, or

24  maintenance to persons placed in the program by the

25  department, or if such program files papers of bankruptcy, at

26  that point in time the loan shall become an interest-bearing

27  loan at the rate of 5 percent per annum on the entire amount

28  of the initial loan which shall be repaid within a 1-year

29  period from the date on which the program ceases to provide

30  care, services, or maintenance, or files papers in bankruptcy,

31  and the amount of the loan due plus interest shall constitute

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 1  a lien in favor of the state against all real and personal

 2  property of the program. The lien shall be perfected by the

 3  appropriate officer of the agency by executing and

 4  acknowledging a statement of the name of the program and the

 5  amount due on the loan and a copy of the promissory note,

 6  which shall be recorded by the agency with the clerk of the

 7  circuit court in the county wherein the program is located. If

 8  the program has filed a petition for bankruptcy, the agency

 9  shall file and enforce the lien in the bankruptcy proceedings.

10  Otherwise, the lien shall be enforced in the manner provided

11  in s. 85.011. All funds received by the agency from the

12  enforcement of the lien shall be deposited in the agency's

13  Administrative Community Resources Development Trust Fund and

14  used to fund new loans.

15         Section 32.  Section 393.17, Florida Statutes, is

16  amended to read:

17         393.17  Behavioral programs; certification of behavior

18  analysts.--

19         (1)  The agency may establish a certification process

20  for behavioral analysts in order to ensure that only qualified

21  employees and service providers provide behavioral analysis

22  services to clients. The procedures must be established by

23  rule and must include criteria for scope of practice,

24  qualifications for certification, including training and

25  testing requirements, continuing education requirements for

26  ongoing certification, and standards of performance. The

27  procedures must also include decertification procedures that

28  may be used to determine whether an individual continues to

29  meet the qualifications for certification or the professional

30  performance standards and, if not, the procedures necessary to

31  decertify an employee or service provider.

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 1         (2)  The agency may recognize the certification of

 2  behavior analysts awarded by a nonprofit corporation that

 3  adheres to the natural standards for professional

 4  credentialing boards and whose mission is to meet professional

 5  credentialing needs identified by behavior analysts, state

 6  governments, and consumers of behavior analysis services and

 7  whose work has the support of the Association for Behavior

 8  Analysis International. The certification procedure recognized

 9  by the agency must undergo regular psychometric review and

10  validation, pursuant to a job analysis survey of the

11  profession and standards established by content experts in the

12  field.

13         Section 33.  Section 393.18, Florida Statutes, is

14  created to read:

15         393.18  Comprehensive transitional education

16  program.--A comprehensive transition education program is a

17  group of jointly operating centers or units, the collective

18  purpose of which is to provide a sequential series of

19  educational care, training, treatment, habilitation, and

20  rehabilitation services to persons who have developmental

21  disabilities and who have severe or moderate maladaptive

22  behaviors. However, this section does not require such

23  programs to provide services only to persons with

24  developmental disabilities. All such services shall be

25  temporary in nature and delivered in a structured residential

26  setting, having the primary goal of incorporating the

27  principle of self-determination in establishing permanent

28  residence for persons with maladaptive behaviors in facilities

29  that are not associated with the comprehensive transitional

30  education program. The staff shall include psychologists and

31  teachers who shall be available to provide services in each

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 1  component center or unit of the program. The psychologists

 2  shall be individuals who are licensed in this state and

 3  certified as behavior analysts in this state or individuals

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

 5         (1)  Comprehensive transitional education programs

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

 7  of which shall be an intensive treatment and educational

 8  center or a transitional training and educational center,

 9  which provides services to persons with maladaptive behaviors

10  in the following sequential order:

11         (a)  Intensive treatment and educational center.--This

12  component is a self-contained residential unit providing

13  intensive psychological and educational programming for

14  persons with severe maladaptive behaviors, whose behaviors

15  preclude placement in a less-restrictive environment due to

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

17         (b)  Transitional training and educational

18  center.--This component is a residential unit for persons with

19  moderate maladaptive behaviors, providing concentrated

20  psychological and educational programming that emphasizes a

21  transition toward a less-restrictive environment.

22         (c)  Community transition residence.--This component is

23  a residential center providing educational programs and any

24  support services, training, and care that are needed to assist

25  persons with maladaptive behaviors to avoid regression to more

26  restrictive environments, while preparing them for more

27  independent living. Continuous-shift staff shall be required

28  for this component.

29         (d)  Alternative living center.--This component is a

30  residential unit providing an educational and family living

31  environment for persons with maladaptive behaviors in a

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 1  moderately unrestricted setting. Residential staff shall be

 2  required for this component.

 3         (e)  Independent living education center.--This

 4  component is a facility providing a family living environment

 5  for persons with maladaptive behaviors in a largely

 6  unrestricted setting and includes education and monitoring

 7  that is appropriate to support the development of independent

 8  living skills.

 9         (2)  Components of a comprehensive transitional

10  education program are subject to the license issued under s.

11  393.067 to a comprehensive transitional education program and

12  may be located on a single site or multiple sites.

13         (3)  Comprehensive transitional education programs

14  shall develop individual education plans for each person with

15  maladaptive behaviors who receives services from the program.

16  Each individual education plan shall be developed in

17  accordance with the criteria specified in 20 U.S.C. ss. 401 et

18  seq., and 34 C.F.R. part 300.

19         (4)  The total number of persons with maladaptive

20  behaviors being provided services in a comprehensive

21  transitional education program may not in any instance exceed

22  120 residents.

23         Section 34.  Section 393.23, Florida Statutes, is

24  created to read:

25         393.23  Developmental disabilities institutions; trust

26  accounts.--All receipts from the operation of canteens,

27  vending machines, hobby shops, sheltered workshops, activity

28  centers, farming projects, and other like activities operated

29  in a developmental disabilities institution, and moneys

30  donated to the institution, must be deposited in a trust

31  account in any bank, credit union, or savings and loan

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 1  association authorized by the State Treasury as a qualified

 2  depositor to do business in this state, if the moneys are

 3  available on demand.

 4         (1)  Moneys in the trust account must be expended for

 5  the benefit, education, and welfare of clients. However, if

 6  specified, moneys that are donated to the institution must be

 7  expended in accordance with the intentions of the donor. Trust

 8  account money may not be used for the benefit of employees of

 9  the agency, or to pay the wages of such employees. The welfare

10  of the clients includes the expenditure of funds for the

11  purchase of items for resale at canteens or vending machines,

12  and for the establishment of, maintenance of, and operation of

13  canteens, hobby shops, recreational or entertainment

14  facilities, sheltered workshops, activity centers, farming

15  projects, or other like facilities or programs established at

16  the institutions for the benefit of clients.

17         (2)  The institution may invest, in the manner

18  authorized by law for fiduciaries, any money in a trust

19  account which is not necessary for immediate use. The interest

20  earned and other increments derived from the investments of

21  the money must be deposited into the trust account for the

22  benefit of clients.

23         (3)  The accounting system of an institution must

24  account separately for revenues and expenses for each

25  activity. The institution shall reconcile the trust account to

26  the institution's accounting system and check registers and to

27  the accounting system of the Chief Financial Officer.

28         (4)  All sales taxes collected by the institution as a

29  result of sales shall be deposited into the trust account and

30  remitted to the Department of Revenue.

31  

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 1         (5)  Funds shall be expended in accordance with

 2  requirements and guidelines established by the Chief Financial

 3  Officer.

 4         Section 35.  Section 393.501, Florida Statutes, is

 5  amended to read:

 6         393.501  Rulemaking.--

 7         (1)  The agency may shall adopt rules pursuant to s.

 8  120.54 to carry out its statutory duties the provisions of

 9  this chapter.

10         (2)  Such rules shall address the number of facilities

11  on a single lot parcel or on adjacent lots parcels of land,

12  and in addition, for ICF/MR, the rate and location of facility

13  development and level of care. In adopting rules, an

14  alternative living center and an independent living education

15  center, as described in s. 393.18, shall be subject to the

16  provisions of s. 419.001, except that such centers shall be

17  exempt from the 1,000-foot-radius requirement of s. 419.001(2)

18  if:

19         (a)  The centers are located on a site zoned in a

20  manner that permits all the components of a comprehensive

21  transition education center to be located on the site; or

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

23  radius of 1,000 feet.

24         Section 36.  Section 394.453, Florida Statutes, is

25  amended to read:

26         394.453  Legislative intent.--It is the intent of the

27  Legislature to authorize and direct the Department of Children

28  and Family Services to evaluate, research, plan, and recommend

29  to the Governor and the Legislature programs designed to

30  reduce the occurrence, severity, duration, and disabling

31  aspects of mental, emotional, and behavioral disorders. It is

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 1  the intent of the Legislature that treatment programs for such

 2  disorders shall include, but not be limited to, comprehensive

 3  health, social, educational, and rehabilitative services to

 4  persons requiring intensive short-term and continued treatment

 5  in order to encourage them to assume responsibility for their

 6  treatment and recovery. It is intended that such persons be

 7  provided with emergency service and temporary detention for

 8  evaluation when required; that they be admitted to treatment

 9  facilities on a voluntary basis when extended or continuing

10  care is needed and unavailable in the community; that

11  involuntary placement be provided only when expert evaluation

12  determines that it is necessary; that any involuntary

13  treatment or examination be accomplished in a setting which is

14  clinically appropriate and most likely to facilitate the

15  person's return to the community as soon as possible; and that

16  individual dignity and human rights be guaranteed to all

17  persons who are admitted to mental health facilities or who

18  are being held under s. 394.463.  It is the further intent of

19  the Legislature that the least restrictive means of

20  intervention be employed based on the individual needs of each

21  person, within the scope of available services. It is the

22  policy of this state that the use of restraint and seclusion

23  on clients is justified only as an emergency safety measure to

24  be used in response to imminent danger to the client or

25  others. It is, therefore, the intent of the Legislature to

26  achieve an ongoing reduction in the use of restraint and

27  seclusion in programs and facilities serving persons with

28  mental illness.

29         Section 37.  Present subsections (28) through (33) of

30  section 394.455, Florida Statutes, are redesignated as

31  

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 1  subsections (30) through (35), respectively, and new

 2  subsections (28) and (29) are added to that section, to read:

 3         394.455  Definitions.--As used in this part, unless the

 4  context clearly requires otherwise, the term:

 5         (28)(a)  "Restraint" means a physical device, method,

 6  or drug used to control behavior. A physical restraint is any

 7  manual method or physical or mechanical device, material, or

 8  equipment attached or adjacent to the individual's body so

 9  that he or she cannot easily remove the restraint and which

10  restricts freedom of movement or normal access to one's body.

11         (b)  A drug used as a restraint is a medication used to

12  control the person's behavior or to restrict his or her

13  freedom of movement. Physically holding a person during a

14  procedure to forcibly administer psychotropic medication is a

15  physical restraint.

16         (c)  Restraint does not include physical devices, such

17  as orthopedically prescribed appliances, surgical dressings

18  and bandages, supportive body bands, or other physical holding

19  when necessary for routine physical examinations and tests; or

20  for purposes of orthopedic, surgical, or other similar medical

21  treatment; when used to provide support for the achievement of

22  functional body position or proper balance; or when used to

23  protect a person from falling out of bed.

24         (29)  "Seclusion" means the physical segregation of a

25  person in any fashion or involuntary isolation of a person in

26  a room or area from which the person is prevented from

27  leaving. The prevention may be by physical barrier or by a

28  staff member who is acting in a manner, or who is physically

29  situated, so as to prevent the person from leaving the room or

30  area. For purposes of this chapter, the term does not mean

31  isolation due to a person's medical condition or symptoms.

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 1         Section 38.  Paragraph (b) of subsection (5) of section

 2  394.457, Florida Statutes, is amended to read:

 3         394.457  Operation and administration.--

 4         (5)  RULES.--

 5         (b)  The department shall adopt rules necessary for the

 6  implementation and administration of the provisions of this

 7  part, and a program subject to the provisions of this part

 8  shall not be permitted to operate unless rules designed to

 9  ensure the protection of the health, safety, and welfare of

10  the patients treated through such program have been adopted.

11  Rules adopted under this subsection must include provisions

12  governing the use of restraint and seclusion which are

13  consistent with recognized best practices and professional

14  judgment; prohibit inherently dangerous restraint or seclusion

15  procedures; establish limitations on the use and duration of

16  restraint and seclusion; establish measures to ensure the

17  safety of program participants and staff during an incident of

18  restraint or seclusion; establish procedures for staff to

19  follow before, during, and after incidents of restraint or

20  seclusion; establish professional qualifications of and

21  training for staff who may order or be engaged in the use of

22  restraint or seclusion; and establish mandatory reporting,

23  data-collection, and data-dissemination procedures and

24  requirements. Rules adopted under this subsection must require

25  that each instance of the use of restraint or seclusion be

26  documented in the record of the patient.

27         Section 39.  Paragraph (g) is added to subsection (1)

28  of section 394.879, Florida Statutes, to read:

29         394.879  Rules; enforcement.--

30         (1)  The department, in consultation with the agency,

31  shall adopt rules pursuant to ss. 120.536(1) and 120.54 to

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 1  implement the provisions of this chapter, including, at a

 2  minimum, rules providing standards to ensure that:

 3         (g)  The use of restraint and seclusion is consistent

 4  with recognized best practices and professional judgment; that

 5  inherently dangerous restraint or seclusion procedures are

 6  prohibited; that limitations are established on the use and

 7  duration of restraint and seclusion; that measures are

 8  established to ensure the safety of program participants and

 9  staff during an incident of restraint or seclusion; that

10  procedures are created for staff to follow before, during, and

11  after incidents of restraint or seclusion; that professional

12  qualifications and training are established for staff who may

13  order or be engaged in the use of restraint or seclusion; and

14  that mandatory reporting, data-collection, and

15  data-dissemination procedures and requirements are instituted.

16  Rules adopted under this section must require that any

17  instance of the use of restraint or seclusion shall be

18  documented in the record of the client.

19         Section 40.  Subsection (9) of section 397.405, Florida

20  Statutes, is amended to read:

21         397.405  Exemptions from licensure.--The following are

22  exempt from the licensing provisions of this chapter:

23         (9)  Facilities licensed under chapter 393 which s.

24  393.063 that, in addition to providing services to persons

25  with developmental disabilities who are developmentally

26  disabled as defined therein, also provide services to persons

27  developmentally at risk as a consequence of exposure to

28  alcohol or other legal or illegal drugs while in utero.

29  

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

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

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

 2  defined in this chapter or to any substance abuse program

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

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

 5  licensed under chapter 458 or chapter 459, a psychologist

 6  licensed under chapter 490, or a psychotherapist licensed

 7  under chapter 491 who provides substance abuse treatment, so

 8  long as the physician, psychologist, or psychotherapist does

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

10  service provider and does not provide services to clients

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

12  requirement necessary to maintain an exempt status under this

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

14  provided in s. 775.082 or s. 775.083.

15         Section 41.  Subsection (13) of section 400.419,

16  Florida Statutes, is amended to read:

17         400.419  Violations; imposition of administrative

18  fines; grounds.--

19         (13)  The agency shall develop and disseminate an

20  annual list of all facilities sanctioned or fined $5,000 or

21  more for violations of state standards, the number and class

22  of violations involved, the penalties imposed, and the current

23  status of cases. The list shall be disseminated, at no charge,

24  to the Department of Elderly Affairs, the Department of

25  Health, the Department of Children and Family Services, the

26  Agency for Persons with Disabilities, the area agencies on

27  aging, the Florida Statewide Advocacy Council, and the state

28  and local ombudsman councils. The Department of Children and

29  Family Services shall disseminate the list to service

30  providers under contract to the department who are responsible

31  for referring persons to a facility for residency. The agency

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 1  may charge a fee commensurate with the cost of printing and

 2  postage to other interested parties requesting a copy of this

 3  list.

 4         Section 42.  Section 400.960, Florida Statutes, is

 5  amended to read:

 6         400.960  Definitions.--As used in this part, the term:

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

 8  by an interdisciplinary team which are necessary to maximize a

 9  client's individual independence or prevent regression or loss

10  of functional status.

11         (2)  "Agency" means the Agency for Health Care

12  Administration.

13         (3)  "Autism" or "autistic disorder" has the same

14  meaning as in s. 393.063. means a pervasive, neurologically

15  based developmental disability of extended duration which

16  causes severe learning, communication, and behavior disorders

17  with age of onset during infancy or childhood. Individuals

18  with autism exhibit impairment in reciprocal social

19  interaction, impairment in verbal and nonverbal communication

20  and imaginative ability, and a markedly restricted repertoire

21  of activities and interests.

22         (4)  "Cerebral palsy" has the same meaning as in s.

23  393.063. means a group of disabling symptoms of extended

24  duration which results from damage to the developing brain

25  occurring before, during, or after birth and resulting in the

26  loss or impairment of control over voluntary muscles. The term

27  does not include those symptoms or impairments resulting

28  solely from a stroke.

29         (5)  "Client" means any person determined by the Agency

30  for Persons with Disabilities department to be eligible for

31  developmental services.

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

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

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

 4  this part in which the client or his or her family has the

 5  right or duty to participate.

 6         (7)  "Department" means the Department of Children and

 7  Family Services.

 8         (6)(8)  "Developmental disability" has the same meaning

 9  as in s. 393.063 means a disorder or syndrome that is

10  attributable to retardation, cerebral palsy, autism, spina

11  bifida, or Prader-Willi syndrome and that constitutes a

12  substantial handicap that can reasonably be expected to

13  continue indefinitely.

14         (7)(9)  "Direct service provider" means a person 18

15  years of age or older who has direct contact with individuals

16  with developmental disabilities and who is unrelated to the

17  individuals with developmental disabilities.

18         (10)  "Epilepsy" means a chronic brain disorder of

19  various causes which is characterized by recurrent seizures

20  due to excessive discharge of cerebral neurons. When found

21  concurrently with retardation, autism, or cerebral palsy,

22  epilepsy is considered a secondary disability for which the

23  client is eligible to receive services to ameliorate this

24  condition according to the provisions of this part.

25         (11)  "Guardian advocate" means a person appointed by

26  the circuit court to represent a person with developmental

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

28  and is distinct from a guardian advocate for mentally ill

29  persons under chapter 394.

30         (8)(12)  "Intermediate care facility for the

31  developmentally disabled" means a residential facility

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 1  licensed and certified in accordance with state law, and

 2  certified by the Federal Government, pursuant to the Social

 3  Security Act, as a provider of Medicaid services to persons

 4  with developmental disabilities who are developmentally

 5  disabled.

 6         (9)(13)  "Prader-Willi syndrome" has the same meaning

 7  as in s. 393.063. means an inherited condition typified by

 8  neonatal hypotonia with failure to thrive, hyperphagia, or an

 9  excessive drive to eat which leads to obesity, usually at 18

10  to 36 months of age, mild to moderate retardation,

11  hypogonadism, short stature, mild facial dysmorphism, and a

12  characteristic neurobehavior.

13         (10)(a)  "Restraint" means a physical device, method,

14  or drug used to control behavior. A physical restraint is any

15  manual method or physical or mechanical device, material, or

16  equipment attached or adjacent to the individual's body so

17  that he or she cannot easily remove the restraint and which

18  restricts freedom of movement or normal access to one's body.

19         (b)  A drug used as a restraint is a medication used to

20  control the person's behavior or to restrict his or her

21  freedom of movement. Physically holding a person during a

22  procedure to forcibly administer psychotropic medication is a

23  physical restraint.

24         (c)  Restraint does not include physical devices, such

25  as orthopedically prescribed appliances, surgical dressings

26  and bandages, supportive body bands, or other physical holding

27  when necessary for routine physical examinations and tests;

28  for purposes of orthopedic, surgical, or other similar medical

29  treatment; when used to provide support for the achievement of

30  functional body position or proper balance; or when used to

31  protect a person from falling out of bed.

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 1         (11)(14)  "Retardation" has the same meaning as in s.

 2  393.063. means significantly subaverage general intellectual

 3  functioning existing concurrently with deficits in adaptive

 4  behavior and manifested during the period from conception to

 5  age 18. "Significantly subaverage general intellectual

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

 7  performance that is two or more standard deviations from the

 8  mean score on a standardized intelligence test specified in

 9  rules of the department. "Deficits in adaptive behavior," for

10  the purpose of this definition, means deficits in the

11  effectiveness or degree with which an individual meets the

12  standards of personal independence and social responsibility

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

14         (12)  "Seclusion" means the physical segregation of a

15  person in any fashion or the involuntary isolation of a person

16  in a room or area from which the person is prevented from

17  leaving. The prevention may be by physical barrier or by a

18  staff member who is acting in a manner, or who is physically

19  situated, so as to prevent the person from leaving the room or

20  area. For purposes of this part, the term does not mean

21  isolation due to a person's medical condition or symptoms.

22         (13)(15)  "Spina bifida" has the same meaning as in s.

23  393.063 means a medical diagnosis of spina bifida cystica or

24  myelomeningocele.

25         Section 43.  Subsection (2) of section 400.967, Florida

26  Statutes, is amended to read:

27         400.967  Rules and classification of deficiencies.--

28         (2)  Pursuant to the intention of the Legislature, the

29  agency, in consultation with the Agency for Persons with

30  Disabilities Department of Children and Family Services and

31  the Department of Elderly Affairs, shall adopt and enforce

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 1  rules to administer this part, which shall include reasonable

 2  and fair criteria governing:

 3         (a)  The location and construction of the facility;

 4  including fire and life safety, plumbing, heating, cooling,

 5  lighting, ventilation, and other housing conditions that will

 6  ensure the health, safety, and comfort of residents. The

 7  agency shall establish standards for facilities and equipment

 8  to increase the extent to which new facilities and a new wing

 9  or floor added to an existing facility after July 1, 2000, are

10  structurally capable of serving as shelters only for

11  residents, staff, and families of residents and staff, and

12  equipped to be self-supporting during and immediately

13  following disasters. The Agency for Health Care Administration

14  shall work with facilities licensed under this part and report

15  to the Governor and the Legislature by April 1, 2000, its

16  recommendations for cost-effective renovation standards to be

17  applied to existing facilities. In making such rules, the

18  agency shall be guided by criteria recommended by nationally

19  recognized, reputable professional groups and associations

20  having knowledge concerning such subject matters. The agency

21  shall update or revise such criteria as the need arises. All

22  facilities must comply with those lifesafety code requirements

23  and building code standards applicable at the time of approval

24  of their construction plans. The agency may require

25  alterations to a building if it determines that an existing

26  condition constitutes a distinct hazard to life, health, or

27  safety. The agency shall adopt fair and reasonable rules

28  setting forth conditions under which existing facilities

29  undergoing additions, alterations, conversions, renovations,

30  or repairs are required to comply with the most recent updated

31  or revised standards.

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 1         (b)  The number and qualifications of all personnel,

 2  including management, medical nursing, and other personnel,

 3  having responsibility for any part of the care given to

 4  residents.

 5         (c)  All sanitary conditions within the facility and

 6  its surroundings, including water supply, sewage disposal,

 7  food handling, and general hygiene, which will ensure the

 8  health and comfort of residents.

 9         (d)  The equipment essential to the health and welfare

10  of the residents.

11         (e)  A uniform accounting system.

12         (f)  The care, treatment, and maintenance of residents

13  and measurement of the quality and adequacy thereof.

14         (g)  The preparation and annual update of a

15  comprehensive emergency management plan. The agency shall

16  adopt rules establishing minimum criteria for the plan after

17  consultation with the Department of Community Affairs. At a

18  minimum, the rules must provide for plan components that

19  address emergency evacuation transportation; adequate

20  sheltering arrangements; postdisaster activities, including

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

22  supplies; staffing; emergency equipment; individual

23  identification of residents and transfer of records; and

24  responding to family inquiries. The comprehensive emergency

25  management plan is subject to review and approval by the local

26  emergency management agency. During its review, the local

27  emergency management agency shall ensure that the following

28  agencies, at a minimum, are given the opportunity to review

29  the plan: the Department of Elderly Affairs, the Agency for

30  Persons with Disabilities Department of Children and Family

31  Services, the Agency for Health Care Administration, and the

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 1  Department of Community Affairs. Also, appropriate volunteer

 2  organizations must be given the opportunity to review the

 3  plan. The local emergency management agency shall complete its

 4  review within 60 days and either approve the plan or advise

 5  the facility of necessary revisions.

 6         (h)  Each licensee shall post its license in a

 7  prominent place that is in clear and unobstructed public view

 8  at or near the place where residents are being admitted to the

 9  facility.

10         (i)  The use of restraint and seclusion. Such rules

11  must be consistent with recognized best practices and

12  professional judgment; prohibit inherently dangerous restraint

13  or seclusion procedures; establish limitations on the use and

14  duration of restraint and seclusion; establish measures to

15  ensure the safety of program participants and staff during an

16  incident of restraint or seclusion; create procedures for

17  staff to follow before, during, and after incidents of

18  restraint or seclusion; establish professional qualifications

19  of and training for staff who may order or be engaged in the

20  use of restraint or seclusion; and provide for mandatory

21  reporting, data-collection, and data-dissemination procedures

22  and requirements. Rules adopted under this section must

23  require that any instance of the use of restraint or seclusion

24  shall be documented in the facility's record of the client.

25         Section 44.  Section 402.115, Florida Statutes, is

26  amended to read:

27         402.115  Sharing confidential or exempt

28  information.--Notwithstanding any other provision of law to

29  the contrary, the Department of Health, and the Department of

30  Children and Family Services, and the Agency for Persons with

31  Disabilities may share confidential information or information

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 1  exempt from disclosure under chapter 119 on any individual who

 2  is or has been the subject of a program within the

 3  jurisdiction of each agency. Information so exchanged remains

 4  confidential or exempt as provided by law.

 5         Section 45.  Section 402.17, Florida Statutes, is

 6  amended to read:

 7         402.17  Claims for care and maintenance; trust

 8  property.--The Department of Children and Family Services and

 9  the Agency for Persons with Disabilities shall protect the

10  financial interest of the state with respect to claims that

11  which the state may have for the care and maintenance of

12  clients of the department or agency. The department or agency

13  shall, as trustee, hold in trust and administer money of

14  clients and property designated for the personal benefit of

15  clients. The department or agency shall act as trustee of

16  clients' money and property entrusted to it in accordance with

17  the usual fiduciary standards applicable generally to

18  trustees, and shall act to protect both the short-term and

19  long-term interests of the clients for whose benefit it is

20  holding such money and property.

21         (1)  CLAIMS FOR CARE AND MAINTENANCE.--

22         (a)  The department or agency shall perform the

23  following acts:

24         1.  Receive and supervise the collection of sums due

25  the state.

26         2.  Bring any court action necessary to collect any

27  claim the state may have against any client, former client,

28  guardian of any client or former client, executor or

29  administrator of the client's estate, or any person against

30  whom any client or former client may have a claim.

31  

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 1         3.  Obtain a copy of any inventory or appraisal of the

 2  client's property filed with any court.

 3         4.  Obtain from the department's Economic

 4  Self-Sufficiency Services Program Office a financial status

 5  report on any client or former client, including the ability

 6  of third parties responsible for such client to pay all or

 7  part of the cost of the client's care and maintenance.

 8         5.  Petition the court for appointment of a guardian or

 9  administrator for an otherwise unrepresented client or former

10  client should the financial status report or other information

11  indicate the need for such action. The cost of any such action

12  shall be charged against the assets or estate of the client.

13         6.  Represent the interest of the state in any

14  litigation in which a client or former client is a party.

15         7.  File claims with any person, firm, or corporation

16  or with any federal, state, county, district, or municipal

17  agency on behalf of an unrepresented client.

18         8.  Represent the state in the settlement of the

19  estates of deceased clients or in the settlement of estates in

20  which a client or a former client against whom the state may

21  have a claim has a financial interest.

22         9.  Establish procedures by rule for the use of amounts

23  held in trust for the client to pay for the cost of care and

24  maintenance, if such amounts would otherwise cause the client

25  to become ineligible for services which are in the client's

26  best interests.

27         (b)  The department or agency of Children and Family

28  Services may charge off accounts if it certifies that the

29  accounts are uncollectible after diligent efforts have been

30  made to collect them.  If the department certifies an account

31  to the Department of Financial Services, setting forth the

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 1  circumstances upon which it predicates the uncollectibility,

 2  and if, pursuant to s. 17.04, the Department of Financial

 3  Services concurs, the account shall be charged off.

 4         (2)  MONEY OR OTHER PROPERTY RECEIVED FOR PERSONAL USE

 5  OR BENEFIT OF ANY CLIENT.--The department or agency shall

 6  perform the following acts:

 7         (a)  Accept and administer in trust, as a trustee

 8  having a fiduciary responsibility to a client of the

 9  department, any money or other property received for personal

10  use or benefit of that client.  In the case of children in the

11  legal custody of the department, following the termination of

12  the parental rights as to that client, until the child such

13  client leaves the legal custody of the department due to the

14  client's adoption or attaining because the client attains the

15  age of 18 or, in the case of children who are otherwise in the

16  custody of the department, the court having jurisdiction over

17  such child client shall have jurisdiction, upon application of

18  the department or other interested party, to review or approve

19  any extraordinary action of the department acting as trustee

20  as to the child's client's money or other property.  When

21  directed by a court of competent jurisdiction, the department

22  may further hold money or property of a child person under the

23  age of 18 who has been in the care, custody, or control of the

24  department and who is the subject of a court proceeding during

25  the pendency of that proceeding.

26         (b)  Deposit the money in banks qualified as state

27  depositories, or in any bank, credit union, or savings and

28  loan association authorized to do business in this state,

29  provided moneys so deposited or held by such institutions are

30  fully insured by a federal depository or share insurance

31  

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 1  program, or an approved state depository or share insurance

 2  program, and are available on demand.

 3         (c)  Withdraw the money and use it to meet current

 4  needs of clients. For purposes of this paragraph, "current

 5  needs" includes payment of fees assessed under s. 402.33.  The

 6  amount of money withdrawn by the department to meet current

 7  needs of a client shall take into account the need of the

 8  department or agency, as the trustee of a client's money and

 9  property, to provide for the long-term needs of a client,

10  including, but not limited to, ensuring that to provide for

11  the need of a client under the age of 18 will to have

12  sufficient financial resources available to be able to

13  function as an adult upon reaching the age of 18, meeting or

14  to meet the special needs of a client who has a disability and

15  whose special needs cannot otherwise be met by any form of

16  public assistance or family resources, or maintaining to

17  maintain the client's eligibility for public assistance,

18  including medical assistance, under state or federal law.

19         (d)  As trustee, invest in the manner authorized by law

20  for fiduciaries money not used for current needs of clients.

21  Such investments may include, but shall not be limited to,

22  investments in savings share accounts of any credit union

23  chartered under the laws of the United States and doing

24  business in this state, and savings share accounts of any

25  credit union chartered under the laws of this state, provided

26  the credit union is insured under the federal share insurance

27  program or an approved state share insurance program.

28         (3)  DEPOSIT OF FUNDS RECEIVED.--Funds received by the

29  Department of Children and Family Services in accordance with

30  s. 402.33 shall be deposited into a trust fund for the

31  operation of the department.

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 1         (4)  DISPOSITION OF UNCLAIMED TRUST FUNDS.--Upon the

 2  death of any client affected by the provisions of this

 3  section, any unclaimed money held in trust by the department,

 4  the agency, or by the Chief Financial Officer for the child

 5  him or her shall be applied first to the payment of any unpaid

 6  claim of the state against the client, and any balance

 7  remaining unclaimed for a period of 1 year shall escheat to

 8  the state as unclaimed funds held by fiduciaries.

 9         (5)  LEGAL REPRESENTATION.--To the extent that the

10  budget will permit, the Department of Legal Affairs shall

11  furnish the legal services to carry out the provisions of this

12  section. Upon the request of the department or agency of

13  Children and Family Services, the various state and county

14  attorneys shall assist in litigation within their

15  jurisdiction. The Such department or agency may retain legal

16  counsel for necessary legal services which cannot be furnished

17  by the Department of Legal Affairs and the various state and

18  county attorneys.

19         (6)  DEPOSIT OR INVESTMENT OF FUNDS OF CLIENTS.--

20         (a)  The department or agency of Children and Family

21  Services may deposit any funds of clients in its possession in

22  any bank in the state or may invest or reinvest such funds in

23  bonds or obligations of the United States for the payment of

24  which the full faith and credit of the United States is

25  pledged. For purposes of deposit only, the funds of any client

26  may be mingled with the funds of any other clients.

27         (b)  The interest or increment accruing on such funds

28  shall be the property of the clients and shall be used or

29  conserved for the personal use or benefit of the individual

30  client, in accordance with the department's or agency's

31  fiduciary responsibility as a trustee for the money and

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 1  property of the client held by the department. Such interest

 2  shall not accrue to the general welfare of all clients.

 3  Whenever any proposed action of the department or agency,

 4  acting in its own interest, may conflict with the department's

 5  or agency's obligation as a trustee with a fiduciary

 6  responsibility to the client, the department or agency shall

 7  promptly present the matter to a court of competent

 8  jurisdiction for the court's determination as to what action

 9  the department or agency may take. The department or agency

10  shall establish rules governing reasonable fees by rule for

11  the cost of administering such accounts and for establishing

12  the minimum balance eligible to earn interest.

13         (7)  DISPOSITION OF MONEY AND PROPERTY OF CLIENTS UPON

14  ATTAINING AGE 18 OR DISCHARGE FROM CARE, CUSTODY, CONTROL, OR

15  SERVICES OF THE DEPARTMENT.--

16         (a)  Whenever a client of the department for whom the

17  department is holding money or property as a trustee attains

18  the age of 18, and thereby will no longer be in the legal

19  custody of the department, the department shall promptly

20  disburse such money and property of the client the department

21  has held as a trustee to that client, or as that client

22  directs, as soon as practicable once the client attains the

23  age of 18.

24         (b)  Whenever a client of the department over the age

25  of 18 for whom the department is holding money or property as

26  a trustee no longer requires the care, custody, control, or

27  services of the department, the department shall promptly

28  disburse such money and property of the client the department

29  has held as a trustee to that client, or as that client or a

30  court directs, as soon as practicable.

31  

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 1         (c)  When a client under the age of 18 who has been in

 2  the legal custody, care, or control of the department and for

 3  whom the department is holding money or property as a trustee

 4  attains the age of 18 and has a physical or mental disability,

 5  or is otherwise incapacitated or incompetent to handle that

 6  client's own financial affairs, the department shall apply for

 7  a court order from a court of competent jurisdiction to

 8  establish a trust on behalf of that client.  Where there is no

 9  willing relative of the client acceptable to the court

10  available to serve as trustee of such proposed trust, the

11  court may enter an order authorizing the department to serve

12  as trustee of a separate trust under such terms and conditions

13  as the court determines appropriate to the circumstances.

14         (d)  When a client under the age of 18 who has been in

15  the legal custody, care, or control of the department and for

16  whom the department is holding money or property as a trustee

17  leaves the care, custody, and control of the department due to

18  adoption or placement of the client with a relative, or as

19  otherwise directed by a court of competent jurisdiction, the

20  department shall notify that court of the existence of the

21  money and property in the possession of the department either

22  prior to, or promptly after, receiving knowledge of the change

23  of custody, care, or control.  The department shall apply for

24  an order from the court exercising jurisdiction over the

25  client to direct the disposition of the money and property

26  belonging to that client. The court order may establish a

27  trust in which the money and property of the client will be

28  deposited, appoint a guardian of a property as to the money or

29  property of the client, or direct the creation of a Uniform

30  Transfers Gifts to Minors Act account on behalf of that

31  client, as the court finds appropriate and under the terms and

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 1  conditions the court determines appropriate to the

 2  circumstances.

 3         Section 46.  Section 402.181, Florida Statutes, is

 4  amended to read:

 5         402.181  State Institutions Claims Program.--

 6         (1)  There is created a State Institutions Claims

 7  Program, for the purpose of making restitution for property

 8  damages and direct medical expenses for injuries caused by

 9  shelter children or foster children, or escapees, inmates, or

10  patients of state institutions under the Department of

11  Children and Family Services, the Department of Health, the

12  Department of Juvenile Justice, or the Department of

13  Corrections, or the Agency for Persons with Disabilities.

14         (2)  Claims for restitution may be filed with the

15  Department of Legal Affairs at its office in accordance with

16  regulations prescribed by the Department of Legal Affairs. The

17  Department of Legal Affairs shall have full power and

18  authority to hear, investigate, and determine all questions in

19  respect to such claims and is authorized, within the limits of

20  current appropriations, to pay individual claims up to $1,000

21  or, with respect to children in foster care and their

22  families, individual claims up to $1,500. Claims in excess of

23  these amounts shall continue to require legislative approval.

24         (3)(a)  The Department of Legal Affairs shall make or

25  cause to be made such investigations as it considers necessary

26  in respect to such claims. Hearings shall be held in

27  accordance with chapter 120.

28         (b)  The Department of Legal Affairs shall work with

29  the Department of Children and Family Services, the Department

30  of Health, the Department of Juvenile Justice, and the

31  Department of Corrections, and the Agency for Persons with

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 1  Disabilities to streamline the process of investigations,

 2  hearings, and determinations with respect to claims under this

 3  section, to ensure that eligible claimants receive restitution

 4  within a reasonable time.

 5         Section 47.  Section 402.20, Florida Statutes, is

 6  amended to read:

 7         402.20  County contracts authorized for services and

 8  facilities for in mental health and developmental disabilities

 9  retardation areas.--The boards of county commissioners are

10  authorized to provide monetary grants and facilities, and to

11  enter into renewable contracts, for services and facilities,

12  for a period not to exceed 2 years, with public and private

13  hospitals, clinics, and laboratories; other state agencies,

14  departments, or divisions; the state colleges and

15  universities; the community colleges; private colleges and

16  universities; counties; municipalities; towns; townships; and

17  any other governmental unit or nonprofit organization which

18  provides needed facilities for persons with mental illness or

19  developmental disabilities the mentally ill or retarded.

20  These services are hereby declared to be for a public and

21  county purpose.  The county commissioners may make periodic

22  inspections to assure that the services or facilities provided

23  under this chapter meet the standards of the Department of

24  Children and Family Services and the Agency for Persons with

25  Disabilities.

26         Section 48.  Section 402.22, Florida Statutes, is

27  amended to read:

28         402.22  Education program for students who reside in

29  residential care facilities operated by the Department of

30  Children and Family Services or the Agency for Persons with

31  Disabilities.--

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 1         (1)(a)  The Legislature recognizes that the Department

 2  of Children and Family Services and the Agency for Persons

 3  with Disabilities have under their has under its residential

 4  care students with critical problems of physical impairment,

 5  emotional disturbance, mental impairment, and learning

 6  impairment.

 7         (b)  The Legislature recognizes the vital role of

 8  education in the rehabilitation of such students.  It is the

 9  intent of the Legislature that all such students benefit from

10  educational services and receive such services.

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

12  educational services be coordinated with appropriate and

13  existing diagnostic and evaluative, social, followup, and

14  other therapeutic services of the department and agency of

15  Children and Family Services so that the effect of the total

16  rehabilitation process is maximized.

17         (d)  It is the intent of the Legislature that, as

18  educational programs for students in residential care

19  facilities are implemented by the district school board,

20  educational personnel in the Department of Children and Family

21  Services residential care facilities who meet the

22  qualifications for employees of the district school board be

23  employed by the district school board.

24         (2)  District school boards shall establish educational

25  programs for all students ages 5 through 18 under the

26  residential care of the Department of Children and Family

27  Services and the Agency for Persons with Disabilities, and may

28  provide for students below age 3 as provided for in s.

29  1003.21(1)(e). Funding of such programs shall be pursuant to

30  s. 1011.62.

31  

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 1         (3)  Notwithstanding any provisions of chapters 39,

 2  393, 394, and 397 to the contrary, the services of the

 3  Department of Children and Family Services and the Agency for

 4  Persons with Disabilities and those of the Department of

 5  Education and district school boards shall be mutually

 6  supportive and complementary of each other. The education

 7  programs provided by the district school board shall meet the

 8  standards prescribed by the State Board of Education and the

 9  district school board. Decisions regarding the design and

10  delivery of department or agency of Children and Family

11  Services treatment or habilitative services shall be made by

12  interdisciplinary teams of professional and paraprofessional

13  staff of which appropriate district school system

14  administrative and instructional personnel shall be invited to

15  be participating members.  The requirements for maintenance of

16  confidentiality as prescribed in chapters 39, 393, 394, and

17  397 shall be applied to information used by such

18  interdisciplinary teams, and such information shall be exempt

19  from the provisions of ss. 119.07(1) and 286.011.

20         (4)  Students age 18 and under who are under the

21  residential care of the Department of Children and Family

22  Services or the Agency for Persons with Disabilities and who

23  receive an education program shall be calculated as full-time

24  equivalent student membership in the appropriate cost factor

25  as provided for in s. 1011.62(1)(c). Residential care

26  facilities of the Department of Children and Family Services

27  shall include, but not be limited to, developmental

28  disabilities services institutions and state mental health

29  facilities.  All students shall receive their education

30  program from the district school system, and funding shall be

31  

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 1  allocated through the Florida Education Finance Program for

 2  the district school system.

 3         (5)  Instructional and special educational services

 4  that which are provided to mental health and retardation

 5  clients with mental illness or developmental disabilities of

 6  the department's or agency's in the Department of Children and

 7  Family Services residential care facilities by local school

 8  districts shall not be less than 180 days or 900 hours;

 9  however, the 900 hours may be distributed over a 12-month

10  period, unless otherwise stated in rules developed by the

11  State Board of Education, with the concurrence of the

12  department or agency and adopted of Children and Family

13  Services promulgated pursuant to subsection (6).

14         (6)  The State Board of Education, and the Department

15  of Children and Family Services, and the Agency for Persons

16  with Disabilities may adopt shall have the authority to

17  promulgate rules to which shall assist in the orderly transfer

18  of the instruction of students from department or agency

19  Department of Children and Family Services residential care

20  facilities to the district school system or to the public

21  education agency and which shall assist in implementing the

22  specific intent as stated in this act.

23         (7)  Notwithstanding the provisions of s.

24  1001.42(4)(n), the educational program at the Marianna Sunland

25  Center in Jackson County shall be operated by the Department

26  of Education, either directly or through grants or contractual

27  agreements with other public educational agencies.  The annual

28  state allocation to any such agency shall be computed pursuant

29  to s. 1011.62(1), (2), and (5) and allocated in the amount

30  that would have been provided the local school district in

31  which the residential facility is located.

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 1         Section 49.  Paragraph (c) of subsection (1) and

 2  subsection (2) of section 402.33, Florida Statutes, are

 3  amended to read:

 4         402.33  Department authority to charge fees for

 5  services provided.--

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

 7         (c)  "Department" means the Department of Children and

 8  Family Services, and the Department of Health, and the Agency

 9  for Persons with Disabilities.

10         (2)  The department, in accordance with rules

11  established by it, shall either charge, assess, or collect, or

12  cause to be charged, assessed, or collected, fees for any

13  service it provides to its clients either directly or through

14  its agencies or contractors, except for:

15         (a)  Diagnosis and evaluation procedures necessary to

16  determine the client's eligibility and need for services

17  provided by the department;

18         (b)  Customary and routine information and referral

19  services;

20         (c)  Educational services provided in lieu of public

21  education;

22         (d)  Specific services exempted by law from fee

23  assessment;

24         (e)  Emergency shelter or emergency detention care and

25  custody prior to a detention hearing under chapter 39;

26         (f)  Specific classes or types of services provided in

27  programs funded by grants, donations, or contracts that

28  prohibit charging fees;

29         (g)  Developmental disability services provided under

30  chapter 393 to any person who is determined to be eligible for

31  such services by the department and whose earned income falls

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 1  below the federal Health and Human Services Poverty

 2  Guidelines, unless such fees are collected from third-party

 3  benefits and benefit payments; or

 4         (h)  Any type of service for which the department

 5  determines that the net estimated revenue from such fees after

 6  deducting any loss of funds from federal grants occasioned by

 7  such fees will be less than the estimated cost to charge and

 8  collect such fees.

 9  

10  Fees, other than third-party benefits and benefit payments,

11  may not be charged for services provided to indigents whose

12  only sources of income are from state and federal aid.  In

13  addition, fees may not be charged parents of a minor client

14  for services requested by the minor without parental consent

15  or for services provided a minor client who has been

16  permanently committed to the care and custody of the

17  department with parental rights permanently severed. However,

18  lack of parental consent does not preclude the charging of

19  fees established under chapter 39. The department may not

20  require A client who is receiving wages that which are below

21  the minimum wage under the federal Fair Labor Standards Act

22  may not be required to pay fees from such wages.  Voluntary

23  payments for services must be encouraged.

24         Section 50.  Paragraph (s) of subsection (3) of section

25  408.036, Florida Statutes, is amended to read:

26         408.036  Projects subject to review; exemptions.--

27         (3)  EXEMPTIONS.--Upon request, the following projects

28  are subject to exemption from the provisions of subsection

29  (1):

30         (s)  For beds in state developmental disabilities

31  services institutions as defined in s. 393.063.

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 1         Section 51.  Paragraphs (a), (j), and (k) of subsection

 2  (4) of section 409.221, Florida Statutes, are amended to read:

 3         409.221  Consumer-directed care program.--

 4         (4)  CONSUMER-DIRECTED CARE.--

 5         (a)  Program established.--The Agency for Health Care

 6  Administration shall establish the consumer-directed care

 7  program which shall be based on the principles of consumer

 8  choice and control. The agency shall implement the program

 9  upon federal approval. The agency shall establish interagency

10  cooperative agreements with and shall work with the

11  Departments of Elderly Affairs, Health, and Children and

12  Family Services and the Agency for Persons with Disabilities

13  to implement and administer the program. The program shall

14  allow enrolled persons to choose the providers of services and

15  to direct the delivery of services, to best meet their

16  long-term care needs. The program must operate within the

17  funds appropriated by the Legislature.

18         (j)  Rules; federal waivers.--In order to implement

19  this section:

20         1.  The agency and the Departments of Elderly Affairs,

21  Health, and Children and Family Services and the Agency for

22  Persons with Disabilities are authorized to adopt and enforce

23  rules.

24         2.  The agency shall take all necessary action to

25  ensure state compliance with federal regulations. The agency

26  shall apply for any necessary federal waivers or waiver

27  amendments needed to implement the program.

28         (k)  Reviews and reports.--The agency and the

29  Departments of Elderly Affairs, Health, and Children and

30  Family Services and the Agency for Persons with Disabilities

31  shall each, on an ongoing basis, review and assess the

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 1  implementation of the consumer-directed care program. By

 2  January 15 of each year, the agency shall submit a written

 3  report to the Legislature that includes each department's

 4  review of the program and contains recommendations for

 5  improvements to the program.

 6         Section 52.  Paragraph (a) of subsection (2) and

 7  subsection (8) of section 409.908, Florida Statutes, are

 8  amended to read:

 9         409.908  Reimbursement of Medicaid providers.--Subject

10  to specific appropriations, the agency shall reimburse

11  Medicaid providers, in accordance with state and federal law,

12  according to methodologies set forth in the rules of the

13  agency and in policy manuals and handbooks incorporated by

14  reference therein.  These methodologies may include fee

15  schedules, reimbursement methods based on cost reporting,

16  negotiated fees, competitive bidding pursuant to s. 287.057,

17  and other mechanisms the agency considers efficient and

18  effective for purchasing services or goods on behalf of

19  recipients. If a provider is reimbursed based on cost

20  reporting and submits a cost report late and that cost report

21  would have been used to set a lower reimbursement rate for a

22  rate semester, then the provider's rate for that semester

23  shall be retroactively calculated using the new cost report,

24  and full payment at the recalculated rate shall be effected

25  retroactively. Medicare-granted extensions for filing cost

26  reports, if applicable, shall also apply to Medicaid cost

27  reports. Payment for Medicaid compensable services made on

28  behalf of Medicaid eligible persons is subject to the

29  availability of moneys and any limitations or directions

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

31  Further, nothing in this section shall be construed to prevent

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

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

 3  making any other adjustments necessary to comply with the

 4  availability of moneys and any limitations or directions

 5  provided for in the General Appropriations Act, provided the

 6  adjustment is consistent with legislative intent.

 7         (2)(a)1.  Reimbursement to nursing homes licensed under

 8  part II of chapter 400 and state-owned-and-operated

 9  intermediate care facilities for the developmentally disabled

10  licensed under part XI of chapter 400 chapter 393 must be made

11  prospectively.

12         2.  Unless otherwise limited or directed in the General

13  Appropriations Act, reimbursement to hospitals licensed under

14  part I of chapter 395 for the provision of swing-bed nursing

15  home services must be made on the basis of the average

16  statewide nursing home payment, and reimbursement to a

17  hospital licensed under part I of chapter 395 for the

18  provision of skilled nursing services must be made on the

19  basis of the average nursing home payment for those services

20  in the county in which the hospital is located. When a

21  hospital is located in a county that does not have any

22  community nursing homes, reimbursement shall must be

23  determined by averaging the nursing home payments, in counties

24  that surround the county in which the hospital is located.

25  Reimbursement to hospitals, including Medicaid payment of

26  Medicare copayments, for skilled nursing services shall be

27  limited to 30 days, unless a prior authorization has been

28  obtained from the agency. Medicaid reimbursement may be

29  extended by the agency beyond 30 days, and approval must be

30  based upon verification by the patient's physician that the

31  patient requires short-term rehabilitative and recuperative

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 1  services only, in which case an extension of no more than 15

 2  days may be approved. Reimbursement to a hospital licensed

 3  under part I of chapter 395 for the temporary provision of

 4  skilled nursing services to nursing home residents who have

 5  been displaced as the result of a natural disaster or other

 6  emergency may not exceed the average county nursing home

 7  payment for those services in the county in which the hospital

 8  is located and is limited to the period of time which the

 9  agency considers necessary for continued placement of the

10  nursing home residents in the hospital.

11         (8)  A provider of home-based or community-based

12  services rendered pursuant to a federally approved waiver

13  shall be reimbursed based on an established or negotiated rate

14  for each service. These rates shall be established according

15  to an analysis of the expenditure history and prospective

16  budget developed by each contract provider participating in

17  the waiver program, or under any other methodology adopted by

18  the agency and approved by the Federal Government in

19  accordance with the waiver. Effective July 1, 1996, Privately

20  owned and operated community-based residential facilities

21  which meet agency requirements and which formerly received

22  Medicaid reimbursement for the optional intermediate care

23  facility for the mentally retarded service may participate in

24  the developmental services waiver as part of a

25  home-and-community-based continuum of care for Medicaid

26  recipients who receive waiver services.

27         Section 53.  Subsection (3) of section 409.9127,

28  Florida Statutes, is amended to read:

29         409.9127  Preauthorization and concurrent utilization

30  review; conflict-of-interest standards.--

31  

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 1         (3)  The agency shall help the Agency for Persons with

 2  Disabilities Department of Children and Family Services meet

 3  the requirements of s. 393.065(4). Only admissions approved

 4  pursuant to such assessments are eligible for reimbursement

 5  under this chapter.

 6         Section 54.  Paragraph (c) of subsection (2) and

 7  subsection (5) of section 411.224, Florida Statutes, are

 8  amended to read:

 9         411.224  Family support planning process.--The

10  Legislature establishes a family support planning process to

11  be used by the Department of Children and Family Services as

12  the service planning process for targeted individuals,

13  children, and families under its purview.

14         (2)  To the extent possible within existing resources,

15  the following populations must be included in the family

16  support planning process:

17         (c)  Children from age 3 birth through age 5 who are

18  served by the Agency for Persons with Disabilities

19  Developmental Disabilities Program Office of the Department of

20  Children and Family Services.

21         (5)  There must be only a single-family support plan to

22  address the problems of the various family members unless the

23  family requests that an individual family support plan be

24  developed for different members of that family. The family

25  support plan must replace individual habilitation plans for

26  children from 3 birth through 5 years old who are served by

27  the Agency for Persons with Disabilities Developmental

28  Disabilities Program Office of the Department of Children and

29  Family Services. To the extent possible, the family support

30  plan must replace other case-planning forms used by the

31  Department of Children and Family Services.

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 1         Section 55.  Subsection (4) of section 411.232, Florida

 2  Statutes, is amended to read:

 3         411.232  Children's Early Investment Program.--

 4         (4)  RULES FOR IMPLEMENTATION.--The Department of

 5  Health and Rehabilitative Services shall adopt rules necessary

 6  to implement this section.

 7         Section 56.  Subsection (8) of section 415.102, Florida

 8  Statutes, is amended to read:

 9         415.102  Definitions of terms used in ss.

10  415.101-415.113.--As used in ss. 415.101-415.113, the term:

11         (8)  "Facility" means any location providing day or

12  residential care or treatment for vulnerable adults. The term

13  "facility" may include, but is not limited to, any hospital,

14  state institution, nursing home, assisted living facility,

15  adult family-care home, adult day care center, residential

16  facility licensed under chapter 393 group home, or mental

17  health treatment center.

18         Section 57.  Section 415.1035, Florida Statutes, is

19  amended to read:

20         415.1035  Facility's duty to inform residents of their

21  right to report abusive, neglectful, or exploitive

22  practices.--The department shall work cooperatively with the

23  Agency for Health Care Administration, the Agency for Persons

24  with Disabilities, and the Department of Elderly Affairs to

25  ensure that every facility that serves vulnerable adults

26  informs residents of their right to report abusive,

27  neglectful, or exploitive practices. Each facility must

28  establish appropriate policies and procedures to facilitate

29  such reporting.

30         Section 58.  Subsections (1) and (10) of section

31  415.1055, Florida Statutes, are amended to read:

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 1         415.1055  Notification to administrative entities.--

 2         (1)  Upon receipt of a report that alleges that an

 3  employee or agent of the department, the Agency for Persons

 4  with Disabilities, or the Department of Elderly Affairs,

 5  acting in an official capacity, has committed an act of abuse,

 6  neglect, or exploitation, the department shall notify the

 7  state attorney in whose circuit the abuse, neglect, or

 8  exploitation occurred. This notification may be oral or

 9  written.

10         (10)  When a report has been received and the

11  department has reason to believe that a vulnerable adult

12  resident of a facility licensed by the Agency for Health Care

13  Administration or the Agency for Persons with Disabilities has

14  been the victim of abuse, neglect, or exploitation, the

15  department shall provide a copy of its investigation to the

16  appropriate agency. If the investigation determines that a

17  health professional licensed or certified under the Department

18  of Health may have abused, neglected, or exploited a

19  vulnerable adult, the department shall also provide a copy to

20  the Department of Health.

21         Section 59.  Paragraphs (a) and (h) of subsection (3)

22  of section 415.107, Florida Statutes, are amended to read:

23         415.107  Confidentiality of reports and records.--

24         (3)  Access to all records, excluding the name of the

25  reporter which shall be released only as provided in

26  subsection (6), shall be granted only to the following

27  persons, officials, and agencies:

28         (a)  Employees or agents of the department, the Agency

29  for Persons with Disabilities, of the Agency for Health Care

30  Administration, or of the Department of Elderly Affairs who

31  are responsible for carrying out protective investigations,

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 1  ongoing protective services, or licensure or approval of

 2  nursing homes, assisted living facilities, adult day care

 3  centers, adult family-care homes, home care for the elderly,

 4  hospices, residential facilities licensed under chapter 393,

 5  or other facilities used for the placement of vulnerable

 6  adults.

 7         (h)  Any appropriate official of the department, the

 8  Agency for Persons with Disabilities, of the Agency for Health

 9  Care Administration, or of the Department of Elderly Affairs

10  who is responsible for:

11         1.  Administration or supervision of the programs for

12  the prevention, investigation, or treatment of abuse, neglect,

13  or exploitation of vulnerable adults when carrying out an

14  official function; or

15         2.  Taking appropriate administrative action concerning

16  an employee alleged to have perpetrated abuse, neglect, or

17  exploitation of a vulnerable adult in an institution.

18         Section 60.  Subsection (1) of section 419.001, Florida

19  Statutes, is amended to read:

20         419.001  Site selection of community residential

21  homes.--

22         (1)  For the purposes of this section, the term

23  following definitions shall apply:

24         (a)  "Community residential home" means a dwelling unit

25  licensed to provide serve clients of the Department of

26  Children and Family Services, which provides a living

27  environment for 7 to 14 unrelated residents who operate as the

28  functional equivalent of a family, including such supervision

29  and care by supportive staff as may be necessary to meet the

30  physical, emotional, and social needs of the residents.

31  

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 1         (b)  "Department" means the Department of Children and

 2  Family Services, the Agency for Health Care Administration, or

 3  the Agency for Persons with Disabilities.

 4         (c)  "Local government" means a county as set forth in

 5  chapter 7 or a municipality incorporated under the provisions

 6  of chapter 165.

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

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

 9  handicapped person with a physical or mental impairment as

10  described as defined in s. 760.22(7)(a); a developmentally

11  disabled person with a developmental disability as defined in

12  s. 393.063; a nondangerous mentally ill person with a mental

13  illness as defined in s. 394.455(18); or a child as defined in

14  s. 39.01(14), s. 984.03(9) or (12), or s. 985.03(8).

15         (e)  "Sponsoring agency" means an agency or unit of

16  government, a profit or nonprofit agency, or any other person

17  or organization which intends to establish or operate a

18  community residential home.

19         Section 61.  Paragraph (a) of subsection (3) of section

20  435.03, Florida Statutes, is amended to read:

21         435.03  Level 1 screening standards.--

22         (3)  Standards must also ensure that the person:

23         (a)  For employees and employers licensed or registered

24  pursuant to chapter 400, and for employees and employers of

25  developmental disabilities services institutions as defined in

26  s. 393.063, intermediate care facilities for the

27  developmentally disabled as defined in s. 400.960 s. 393.063,

28  and mental health treatment facilities as defined in s.

29  394.455, meets the requirements of this chapter.

30         Section 62.  Paragraph (a) of subsection (2) of section

31  490.014, Florida Statutes, is amended to read:

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 1         490.014  Exemptions.--

 2         (2)  No person shall be required to be licensed or

 3  provisionally licensed under this chapter who:

 4         (a)  Is a salaried employee of a government agency;

 5  developmental disability facility or services program, mental

 6  health, alcohol, or drug abuse facility operating under

 7  pursuant to chapter 393, chapter 394, or chapter 397;

 8  subsidized child care program, subsidized child care case

 9  management program, or child care resource and referral

10  program operating pursuant to chapter 402; child-placing or

11  child-caring agency licensed pursuant to chapter 409; domestic

12  violence center certified pursuant to chapter 39; accredited

13  academic institution; or research institution, if such

14  employee is performing duties for which he or she was trained

15  and hired solely within the confines of such agency, facility,

16  or institution, so long as the employee is not held out to the

17  public as a psychologist pursuant to s. 490.012(1)(a).

18         Section 63.  Paragraph (a) of subsection (4) of section

19  491.014, Florida Statutes, is amended to read:

20         491.014  Exemptions.--

21         (4)  No person shall be required to be licensed,

22  provisionally licensed, registered, or certified under this

23  chapter who:

24         (a)  Is a salaried employee of a government agency;

25  developmental disability facility or services program, mental

26  health, alcohol, or drug abuse facility operating under

27  pursuant to chapter 393, chapter 394, or chapter 397;

28  subsidized child care program, subsidized child care case

29  management program, or child care resource and referral

30  program operating pursuant to chapter 402; child-placing or

31  child-caring agency licensed pursuant to chapter 409; domestic

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 1  violence center certified pursuant to chapter 39; accredited

 2  academic institution; or research institution, if such

 3  employee is performing duties for which he or she was trained

 4  and hired solely within the confines of such agency, facility,

 5  or institution, so long as the employee is not held out to the

 6  public as a clinical social worker, mental health counselor,

 7  or marriage and family therapist.

 8         Section 64.  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 65.  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 utilizing these

25  facilities, the department shall attempt, whenever possible,

26  to avoid the placement of nondangerous offenders who have

27  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 66.  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 67.  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 68.  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 69.  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 70.  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 71.  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 with Disabilities,

24  as appropriate, shall agree on the appropriate site based on

25  the instructional needs of the students.  When the most

26  appropriate site for instruction is on district school board

27  property, a special capital outlay request shall be made by

28  the 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 state Department of Children and Family Services

12  deinstitutionalization goals and plans.

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 72.  Paragraph (c) of subsection (3) of section

30  17.61, Florida Statutes, is amended to read:

31  

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 1         17.61  Chief Financial Officer; powers and duties in

 2  the investment of certain funds.--

 3         (3)

 4         (c)  Except as provided in this paragraph and except

 5  for moneys described in paragraph (d), the following agencies

 6  shall not invest trust fund moneys as provided in this

 7  section, but shall retain such moneys in their respective

 8  trust funds for investment, with interest appropriated to the

 9  General Revenue Fund, pursuant to s. 17.57:

10         1.  The Agency for Health Care Administration, except

11  for the Tobacco Settlement Trust Fund.

12         2.  The Department of Children and Family Services,

13  except for:

14         a.  The Alcohol, Drug Abuse, and Mental Health Trust

15  Fund.

16         b.  The Community Resources Development Loan Trust Fund

17  in the the Agency for Disabilities Administrative Trust Fund.

18         c.  The Refugee Assistance Trust Fund.

19         d.  The Social Services Block Grant Trust Fund.

20         e.  The Tobacco Settlement Trust Fund.

21         f.  The Working Capital Trust Fund.

22         3.  The Department of Community Affairs, only for the

23  Operating Trust Fund.

24         4.  The Department of Corrections.

25         5.  The Department of Elderly Affairs, except for:

26         a.  The Federal Grants Trust Fund.

27         b.  The Tobacco Settlement Trust Fund.

28         6.  The Department of Health, except for:

29         a.  The Federal Grants Trust Fund.

30         b.  The Grants and Donations Trust Fund.

31  

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 1         c.  The Maternal and Child Health Block Grant Trust

 2  Fund.

 3         d.  The Tobacco Settlement Trust Fund.

 4         7.  The Department of Highway Safety and Motor

 5  Vehicles, only for:

 6         a.  The DUI Programs Coordination Trust Fund.

 7         b.  The Security Deposits Trust Fund.

 8         8.  The Department of Juvenile Justice.

 9         9.  The Department of Law Enforcement.

10         10.  The Department of Legal Affairs.

11         11.  The Department of State, only for:

12         a.  The Grants and Donations Trust Fund.

13         b.  The Records Management Trust Fund.

14         12.  The Executive Office of the Governor, only for:

15         a.  The Economic Development Transportation Trust Fund.

16         b.  The Economic Development Trust Fund.

17         13.  The Florida Public Service Commission, only for

18  the Florida Public Service Regulatory Trust Fund.

19         14.  The Justice Administrative Commission.

20         15.  The state courts system.

21         Section 73.  Paragraph (b) of subsection (5) of section

22  400.464, Florida Statutes, is amended to read:

23         400.464  Home health agencies to be licensed;

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

25         (5)  The following are exempt from the licensure

26  requirements of this part:

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

28  either directly or through a contractor with:

29         1.  The Department of Elderly Affairs.

30         2.  The Department of Health, a community health

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

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 1  for the purpose of providing environmental assessments, case

 2  management, health education, personal care services, family

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

 4  monitoring and tracking disease.

 5         3.  Services provided to persons with who have

 6  developmental disabilities, as defined in s. 393.063.

 7         4.  Companion and sitter organizations that were

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

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

10  under a developmental services provider certificate on January

11  1, 1999, may continue to provide such services to past,

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

13  services, notwithstanding the provisions of this act.

14         5.  The Department of Children and Family Services.

15         Section 74.  Subsection (4) of section 984.22, Florida

16  Statutes, is amended to read:

17         984.22  Powers of disposition.--

18         (4)  All payments of fees made to the department under

19  pursuant to this chapter, or child support payments made to

20  the department pursuant to subsection (3), shall be deposited

21  in the General Revenue Fund. In cases in which the child is

22  placed in foster care with the Department of Children and

23  Family Services, such child support payments shall be

24  deposited in the Community Resources Development Trust Fund.

25         Section 75.  This act shall take effect July 1, 2006.

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2012

 3                                 

 4  Requires confirmation by the Senate of the Director of the
    Agency for Persons with Disabilities and authorizes the agency
 5  to create a budget division and an operations division.

 6  Amends s. 287.155, F.S., to allow the Agency for Persons with
    Disabilities to purchase vehicles.
 7  
    Reinserts current definitions of "autism" and "active
 8  treatment."

 9  Deletes language that prohibited a paid service provider from
    also acting as an authorized representative of a client in an
10  administrative hearing process.

11  Authorizes the Department of Children and Family Services and
    the Agency for Health Care Administration to promulgate rules
12  for the use of physical restraints and seclusion.

13  Authorizes the Agency for Persons with Disabilities to develop
    a consumer-directed care program with the Medicaid program in
14  the Agency for Health Care Administration.

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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