Senate Bill sb2012c2

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    Florida Senate - 2006                    CS for CS for SB 2012

    By the Committees on Judiciary; Children and Families; and
    Senator Baker




    590-2486-06

  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 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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 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; revising the requirements for

17         background screening of applicants for

18         licensure and managers, supervisors, and staff

19         members of service providers; requiring that

20         the agency adopt rules governing the reporting

21         of incidents; deleting certain responsibilities

22         of the Agency for Health Care Administration

23         with respect to the development and review of

24         emergency management plans; amending s.

25         393.0673, F.S.; providing circumstances under

26         which the agency may deny, revoke, or suspend a

27         license or impose a fine; requiring the Agency

28         for Persons with Disabilities to adopt rules

29         for evaluating violations and determining the

30         amount of fines; amending s. 393.0674, F.S.;

31         providing a penalty for failure by a provider

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 1         to comply with background screening

 2         requirements; amending s. 393.0675, F.S.;

 3         deleting certain obsolete provisions requiring

 4         that a provider be of good moral character;

 5         amending s. 393.0678, F.S.; deleting provisions

 6         governing receivership proceedings for an

 7         intermediate care facility for the

 8         developmentally disabled; amending s. 393.068,

 9         F.S.; requiring that the family care program

10         emphasize self-determination; removing

11         supported employment from the list of services

12         available under the family care program;

13         revising certain requirements for reimbursing a

14         family care program provider; amending s.

15         393.0695, F.S., relating to in-home subsidies;

16         requiring that the Agency for Persons with

17         Disabilities adopt rules for such subsidies;

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

19         liability coverage for facilities licensed by

20         the agency; conforming terminology; amending s.

21         393.11, F.S.; revising provisions governing the

22         involuntary admission of a person to

23         residential services; clarifying provisions

24         governing involuntary commitment; requiring

25         that a person who is charged with a felony will

26         have his or her competency determined under ch.

27         916, F.S.; conforming terminology; amending s.

28         393.122, F.S.; clarifying requirements

29         governing applications for continued

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

31         relating to the Bill of Rights of Persons Who

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    Florida Senate - 2006                    CS for CS for SB 2012
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 1         are Developmentally Disabled; deleting a

 2         provision protecting minimum wage compensation

 3         for certain programs; limiting the use of

 4         restraint and seclusion; requiring the agency

 5         to adopt rules governing the use of restraint

 6         or seclusion; revising requirements for client

 7         records; deleting certain requirements

 8         governing local advocacy councils; allowing the

 9         resident government to include disability

10         advocates from the community; amending s.

11         393.135, F.S.; revising definitions; 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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 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; authorizing licensure of certain

 8         existing programs; creating s. 393.23, F.S.;

 9         requiring that receipts from operating

10         canteens, vending machines, and other like

11         activities in a developmental disabilities

12         institution be deposited in a trust account in

13         a bank, credit union, or savings and loan

14         association; describing how the moneys earned

15         may be expended; allowing for the investment of

16         the funds; requiring that the accounting system

17         at the institution account for the revenues and

18         expenses of the activities; requiring that

19         sales tax moneys be remitted to the Department

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

21         the agency's rulemaking authority; providing

22         requirements for rules governing alternative

23         living centers and independent living education

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

25         that the policy of the state is to achieve an

26         ongoing reduction of the use of restraint and

27         seclusion on persons with mental illness who

28         are served by programs and facilities operated,

29         licensed, or monitored by the agency; amending

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

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

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

 2         the Department of Children and Family Services

 3         to adopt rules for the use of restraint and

 4         seclusion for cases handled under the Baker

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

 6         rules be adopted for the use of restraint and

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

 8         clarifying an exemption from licensure provided

 9         to certain facilities licensed under ch. 393,

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

11         a list of facilities subject to sanctions or

12         fines be disseminated to the Agency for Persons

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

14         revising definitions for purposes of part XI of

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

16         related facilities; amending 400.962, F.S.;

17         requiring an applicant for a license to operate

18         an intermediate care facility to agree to

19         provide or arrange for active treatment

20         services; providing rulemaking authority;

21         amending s. 400.967, F.S., relating to rules

22         and classification of deficiencies; conforming

23         provisions to the transfer of duties from the

24         Department of Children and Family Services to

25         the Agency for Persons with Disabilities;

26         requiring that rules be adopted for the use of

27         restraint and seclusion; amending ss. 402.115,

28         402.17, 402.181, 402.20, 402.22, and 402.33,

29         F.S.; including the Agency for Persons with

30         Disabilities within provisions governing the

31         sharing of information, claims for the care and

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 1         maintenance of facility residents, county

 2         contracts for services for persons with

 3         developmental disabilities, education programs

 4         for students who reside in state facilities,

 5         and fees for services; conforming provisions to

 6         changes made by the act; correcting a

 7         cross-reference; amending s. 408.036, F.S.,

 8         relating to projects that are exempt from

 9         obtaining a certificate of need; conforming

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

11         relating to the consumer directed care program;

12         conforming provisions to changes made by the

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

14         relating to the Medicaid program; conforming a

15         cross-reference; deleting obsolete provisions;

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

17         conforming provisions to the transfer of duties

18         from the Developmental Disabilities Program

19         Office within the Department of Children and

20         Family Services to the Agency for Persons with

21         Disabilities; amending ss. 415.102, 415.1035,

22         415.1055, and 415.107, F.S.; conforming

23         terminology; including the Agency for Persons

24         with Disabilities within provisions providing

25         requirements that a facility inform residents

26         of certain rights, notification requirements

27         for administrative entities, and requirements

28         for maintaining the confidentiality of reports

29         and records; amending s. 435.03, F.S., relating

30         to screening standards; conforming terminology

31         and a cross-reference; amending ss. 490.014 and

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 1         491.014, F.S., relating to exemptions from

 2         licensure for psychologists and certain

 3         specified counselors, respectively; conforming

 4         provisions to changes made by the act; amending

 5         ss. 944.602, 945.025, 947.185, and 985.224,

 6         F.S., relating to the Department of

 7         Corrections, the Parole Commission, and

 8         petitions alleging delinquency; conforming

 9         provisions to the transfer of duties from the

10         Developmental Disabilities Program Office

11         within the Department of Children and Family

12         Services to the Agency for Persons with

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

14         including facilities operated by the Agency for

15         Persons with Disabilities within provisions

16         governing the residential care of students;

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

18         to investment of certain funds and home health

19         services for persons with disabilities,

20         respectively; conforming provisions to changes

21         made by the act; amending s. 744.704, F.S.;

22         correcting a cross-reference; amending s.

23         984.22, F.S.; removing a provision that

24         specifies fines be deposited into the Community

25         Resources Development Trust Fund; creating part

26         III of ch. 282, F.S.; requiring that the

27         executive, legislative, and judicial branches

28         of state government provide to individuals with

29         disabilities access to and use of information

30         and data that is comparable to the information

31         and data provided to individuals who do not

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    Florida Senate - 2006                    CS for CS for SB 2012
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 1         have disabilities; providing certain

 2         exceptions; providing definitions; requiring

 3         that each state agency use accessible

 4         electronic information and information

 5         technology that conforms with specified

 6         provisions of federal law; providing certain

 7         exceptions; requiring the Department of

 8         Management Services to adopt rules; providing

 9         an exception for electronic information and

10         information technology involving military

11         activities or criminal intelligence activities;

12         specifying that the act applies to competitive

13         solicitations; providing legislative intent;

14         providing an effective date.

15  

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

17  

18         Section 1.  Section 20.197, Florida Statutes, is

19  amended to read:

20         20.197  Agency for Persons with Disabilities.--There is

21  created the Agency for Persons with Disabilities, housed

22  within the Department of Children and Family Services for

23  administrative purposes only. The agency shall be a separate

24  budget entity not subject to control, supervision, or

25  direction by the Department of Children and Family Services in

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

27  purchasing, transactions involving real or personal property,

28  and budgetary matters.

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

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

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

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 1  pleasure of the Governor. The director shall administer the

 2  affairs of the agency and establish administrative units as

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

 4  professional staff, and other employees as necessary to

 5  discharge the powers and duties of the agency.

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

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

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

 9  recommend establishing additional divisions, bureaus,

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

11  efficient and effective operation of the agency.

12         (3)(2)  The agency is shall be responsible for

13  providing the provision of all services provided to persons

14  with developmental disabilities under pursuant to chapter 393,

15  including the operation of all state institutional programs

16  and the programmatic management of Medicaid waivers

17  established to provide services to persons with developmental

18  disabilities.

19         (4)(3)  The agency shall engage in such other

20  administrative activities as are deemed necessary to

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

22  clients.

23         (5)(4)  The agency shall enter into an interagency

24  agreement that delineates the responsibilities of the Agency

25  for Health Care Administration for the following:

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

27  providers for the provision of services provided through

28  Medicaid, including federally approved waiver programs.

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

30  for Medicaid services reimbursed by the agency.

31  

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 1         (c)  The implementation of utilization management

 2  measures, including the prior authorization of services plans

 3  and the streamlining and consolidation of waivers services, to

 4  ensure the cost-effective provision of needed Medicaid

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

 6  such services.

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

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

 9  without which the client would require the services of an

10  intermediate care facility for the developmentally disabled.

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

12  39.001, Florida Statutes, is amended to read:

13         39.001  Purposes and intent; personnel standards and

14  screening.--

15         (7)  PLAN FOR COMPREHENSIVE APPROACH.--

16         (b)  The development of the comprehensive state plan

17  shall be accomplished in the following manner:

18         1.  The department shall establish an interprogram task

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

20  a designee, a representative from the Child Care Services

21  Program Office, a representative from the Family Safety

22  Program Office, a representative from the Mental Health

23  Program Office, a representative from the Substance Abuse

24  Program Office, a representative from the Agency for Persons

25  with Disabilities Developmental Disabilities Program Office,

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

27  Services Network Prevention and Intervention of the Department

28  of Health. Representatives of the Department of Law

29  Enforcement and of the Department of Education shall serve as

30  ex officio members of the interprogram task force. The

31  interprogram task force shall be responsible for:

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 1         a.  Developing a plan of action for better coordination

 2  and integration of the goals, activities, and funding

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

 4  neglect conducted by the department in order to maximize staff

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

 6  included in the state plan.

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

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

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

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

11         c.  Providing the districts with technical assistance

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

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

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

15  have not, informing the districts of the deficiencies and

16  requesting the additional information needed.

17         e.  Preparing the state plan for submission to the

18  Legislature and the Governor. Such preparation shall include

19  the collapsing of information obtained from the local plans,

20  the cooperative plans with the Department of Education, and

21  the plan of action for coordination and integration of

22  departmental activities into one comprehensive plan. The

23  comprehensive plan shall include a section reflecting general

24  conditions and needs, an analysis of variations based on

25  population or geographic areas, identified problems, and

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

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

28  provide a statewide perspective. The plan shall also include

29  each separate local plan of action.

30  

31  

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 1         f.  Working with the specified state agency in

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

 3  5.

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

 5  the Department of Health shall work together in developing

 6  ways to inform and instruct parents of school children and

 7  appropriate district school personnel in all school districts

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

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

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

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

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

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

14  and the Department of Health shall work together in developing

15  ways to inform and instruct appropriate local law enforcement

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

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

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

19         4.  Within existing appropriations, the department

20  shall work with other appropriate public and private agencies

21  to emphasize efforts to educate the general public about the

22  problem of and ways to detect 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. The

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

26  plan.

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

28  the Department of Health shall work together on the

29  enhancement or adaptation of curriculum materials to assist

30  instructional personnel in providing instruction through a

31  multidisciplinary approach on the identification,

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

 2  neglect. The curriculum materials shall be geared toward a

 3  sequential program of instruction at the four progressional

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

 5  all school districts to utilize the curriculum are to be

 6  included in the comprehensive state plan for the prevention of

 7  child abuse, abandonment, and neglect.

 8         6.  Each district of the department shall develop a

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

10  the district level shall be submitted to the interprogram task

11  force for utilization in preparing the state plan. The

12  district local plan of action shall be prepared with the

13  involvement and assistance of the local agencies and

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

15  representatives from those departmental district offices

16  participating in the treatment and prevention of child abuse,

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

18  district administrator in each district shall establish a task

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

20  neglect. The district administrator shall appoint the members

21  of the task force in accordance with the membership

22  requirements of this section. In addition, the district

23  administrator shall ensure that each subdistrict is

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

25  have subdistricts, the district administrator shall ensure

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

27  force. The task force shall develop a written statement

28  clearly identifying its operating procedures, purpose, overall

29  responsibilities, and method of meeting responsibilities. The

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

31  include, but shall not be limited to:

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 1         a.  Documentation of the magnitude of the problems of

 2  child abuse, including sexual abuse, physical abuse, and

 3  emotional abuse, and child abandonment and neglect in its

 4  geographical area.

 5         b.  A description of programs currently serving abused,

 6  abandoned, and neglected children and their families and a

 7  description of programs for the prevention of child abuse,

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

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

10         c.  A continuum of programs and services necessary for

11  a comprehensive approach to the prevention of all types of

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

13  description of such programs and services.

14         d.  A description, documentation, and priority ranking

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

16  neglect prevention based upon the continuum of programs and

17  services.

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

19  needs, including the coordination and integration of services

20  to avoid unnecessary duplication and cost, and for alternative

21  funding strategies for meeting needs through the reallocation

22  of existing resources, utilization of volunteers, contracting

23  with local universities for services, and local government or

24  private agency funding.

25         f.  A description of barriers to the accomplishment of

26  a comprehensive approach to the prevention of child abuse,

27  abandonment, and neglect.

28         g.  Recommendations for changes that can be

29  accomplished only at the state program level or by legislative

30  action.

31  

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

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

 3         39.202  Confidentiality of reports and records in cases

 4  of child abuse or neglect.--

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

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

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

 8  granted only to the following persons, officials, and

 9  agencies:

10         (a)  Employees, authorized agents, or contract

11  providers of the department, the Department of Health, the

12  Agency for Persons with Disabilities, or county agencies

13  responsible for carrying out:

14         1.  Child or adult protective investigations;

15         2.  Ongoing child or adult protective services;

16         3.  Healthy Start services; or

17         4.  Licensure or approval of adoptive homes, foster

18  homes, or child care facilities, facilities licensed under

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

20  providers who receive subsidized child care funding, or other

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

22         5.  Services for victims of domestic violence when

23  provided by certified domestic violence centers working at the

24  department's request as case consultants or with shared

25  clients.

26  

27  Also, employees or agents of the Department of Juvenile

28  Justice responsible for the provision of services to children,

29  pursuant to chapters 984 and 985.

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

31  Agency for Persons with Disabilities who is responsible for:

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 1         1.  Administration or supervision of the department's

 2  program for the prevention, investigation, or treatment of

 3  child abuse, abandonment, or neglect, or abuse, neglect, or

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

 5  her official function;

 6         2.  Taking appropriate administrative action concerning

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

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

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

10         3.  Employing and continuing employment of personnel of

11  the department or the agency.

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

13  Statutes, is amended to read:

14         39.407  Medical, psychiatric, and psychological

15  examination and treatment of child; physical or mental

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

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

18  placement to be treated by a licensed health care professional

19  based on evidence that the child should receive treatment. The

20  judge may also order such child to receive mental health or

21  developmental disabilities services from a psychiatrist,

22  psychologist, or other appropriate service provider. Except as

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

24  child in a residential facility for such services, the

25  procedures and criteria established in s. 394.467 or chapter

26  393 shall be used, whichever is applicable. A child may be

27  provided developmental disabilities or mental health services

28  in emergency situations, pursuant to the procedures and

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

30  is applicable. Nothing in this section confers jurisdiction to

31  

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 1  the court with regard to determining eligibility or ordering

 2  services under chapter 393.

 3         Section 5.  Section 287.155, Florida Statutes, is

 4  amended to read:

 5         287.155  Motor vehicles; purchase by Division of

 6  Universities, Department of Children and Family Services,

 7  Agency for Persons with Disabilities, Department of Health,

 8  Department of Juvenile Justice, and Department of

 9  Corrections.--

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

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

12  Agency for Persons with Disabilities, the Department of

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

14  of Corrections may are hereby authorized, subject to the

15  approval of the Department of Management Services, to purchase

16  automobiles, trucks, tractors, and other automotive equipment

17  for the use of institutions under the management of the

18  Division of Universities, the Department of Children and

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

20  Department of Health, and the Department of Corrections, and

21  for the use of residential facilities managed or contracted by

22  the Department of Juvenile Justice.

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

24  purchasing motor vehicles, seek to procure the motor vehicles

25  from those vehicles renovated pursuant to correctional work

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

27  residential facilities managed or contracted by the Department

28  of Juvenile Justice.

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

30  the approval of the Department of Management Services, to

31  

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 1  purchase automobiles, trucks, and other automotive equipment

 2  for use by county health departments.

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

 4  381.0072, Florida Statutes, is amended to read:

 5         381.0072  Food service protection.--It shall be the

 6  duty of the Department of Health to adopt and enforce

 7  sanitation rules consistent with law to ensure the protection

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

 9  provide the standards and requirements for the storage,

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

11  establishments as defined in this section and which are not

12  permitted or licensed under chapter 500 or chapter 509.

13         (3)  LICENSES REQUIRED.--

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

15  establishment regulated under this section shall obtain a

16  license from the department annually. Food service

17  establishment licenses shall expire annually and are shall not

18  be transferable from one place or individual to another.

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

20  of Licensure and Certification, the Child Care Services

21  Program Office, or the Agency for Persons with Developmental

22  Disabilities Program Office are exempt from this subsection.

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

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

25  an establishment to operate without this license. The

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

27  establishment that is not constructed or maintained in

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

29  Annual application for renewal is shall not be required.

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

31  Statutes, is amended to read:

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 1         383.14  Screening for metabolic disorders, other

 2  hereditary and congenital disorders, and environmental risk

 3  factors.--

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

 5  and Newborn Screening Advisory Council made up of 15 members

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

 7  composed of two consumer members, three practicing

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

 9  hematologist, one representative from each of the four medical

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

11  designee, one representative from the Department of Health

12  representing Children's Medical Services, one representative

13  from the Florida Hospital Association, one individual with

14  experience in newborn screening programs, one individual

15  representing audiologists, and one representative from the

16  Agency for Persons with Disabilities Developmental

17  Disabilities Program Office of the Department of Children and

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

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

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

21  2 years. The council shall meet at least semiannually or upon

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

23  or temporary technical advisory groups to assist the council

24  with specific topics which come before the council. Council

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

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

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

28  council to advise the department about:

29         (a)  Conditions for which testing should be included

30  under the screening program and the genetics program.

31  

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 1         (b)  Procedures for collection and transmission of

 2  specimens and recording of results.

 3         (c)  Methods whereby screening programs and genetics

 4  services for children now provided or proposed to be offered

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

 6  and consolidated.

 7         Section 8.  Section 393.061, Florida Statutes, is

 8  repealed.

 9         Section 9.  Section 393.062, Florida Statutes, is

10  amended to read:

11         393.062  Legislative findings and declaration of

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

13  state programs for the treatment of individuals with

14  developmental disabilities who are developmentally disabled,

15  which often unnecessarily place clients in institutions, are

16  unreasonably costly, are ineffective in bringing the

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

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

19  redirection in state treatment programs for individuals with

20  developmental disabilities who are developmentally disabled is

21  necessary if any significant amelioration of the problems

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

23  redirection should place primary emphasis on programs that

24  have the potential to prevent or reduce the severity of

25  developmental disabilities. Further, the Legislature declares

26  that greatest priority shall be given to the development and

27  implementation of community-based residential placements,

28  services that, and treatment programs for individuals who are

29  developmentally disabled which will enable such individuals

30  with developmental disabilities to achieve their greatest

31  potential for independent and productive living, which will

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

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

 3  to be diverted or removed from unnecessary institutional

 4  placements. This goal The Legislature finds that the

 5  eligibility criteria for intermediate-care facilities for the

 6  developmentally disabled which are specified in the Medicaid

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

 8  essential to the system of residential services. The

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

10  quality of life of all developmentally disabled persons by the

11  development and implementation of community-based residential

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

13  ensuring the availability of community residential

14  opportunities for developmentally disabled persons in the

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

16  declares that all persons with developmental disabilities who

17  live in licensed community homes shall have a family living

18  environment comparable to other Floridians and. The

19  Legislature intends that such residences shall be considered

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

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

22  Legislature further declares that, in developing

23  community-based programs and services for individuals with

24  developmental disabilities who are developmentally disabled,

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

26  local government, and other organizations capable of providing

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

28  given preference in lieu of operation of programs directly by

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

30  that all caretakers unrelated to individuals with

31  

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 1  developmental disabilities receiving care shall be of good

 2  moral character.

 3         Section 10.  Section 393.063, Florida Statutes, is

 4  amended to read:

 5         393.063  Definitions.--For the purposes of this

 6  chapter, the term:

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

 8  Disabilities.

 9         (2)  "Adult day training" means training services that

10  take place in a nonresidential setting, separate from the home

11  or facility in which the client resides, are intended to

12  support the participation of clients in daily, meaningful, and

13  valued routines of the community, and may include work-like

14  settings that do not meet the definition of supported

15  employment.

16         (3)(2)  "Autism" means a pervasive, neurologically

17  based developmental disability of extended duration which

18  causes severe learning, communication, and behavior disorders

19  with age of onset during infancy or childhood. Individuals

20  with autism exhibit impairment in reciprocal social

21  interaction, impairment in verbal and nonverbal communication

22  and imaginative ability, and a markedly restricted repertoire

23  of activities and interests.

24         (4)(3)  "Cerebral palsy" means a group of disabling

25  symptoms of extended duration which results from damage to the

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

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

28  voluntary muscles. For the purposes of this definition,

29  cerebral palsy does not include those symptoms or impairments

30  resulting solely from a stroke.

31  

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 1         (5)(4)  "Client" means any person determined eligible

 2  by the agency for services under this chapter.

 3         (6)(5)  "Client advocate" means a friend or relative of

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

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

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

 7  right or duty to participate.

 8         (7)(6)  "Comprehensive assessment" means the process

 9  used to determine eligibility for services under this chapter.

10         (8)(7)  "Comprehensive transitional education program"

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

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

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

14  treatment, habilitation, and rehabilitation services to

15  persons who have developmental disabilities and who have

16  severe or moderate maladaptive behaviors. However, nothing in

17  this subsection shall require such programs to provide

18  services only to persons with developmental disabilities. All

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

20  structured residential setting with the primary goal of

21  incorporating the normalization principle to establish

22  permanent residence for persons with maladaptive behaviors in

23  facilities not associated with the comprehensive transitional

24  education program. The staff shall include psychologists and

25  teachers who shall be available to provide services in each

26  component center or unit of the program. The psychologists

27  shall be individuals who are licensed in this state and

28  certified as behavior analysts in this state, or individuals

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

30         (a)  Comprehensive transitional education programs

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

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 1  of which shall be either an intensive treatment and

 2  educational center or a transitional training and educational

 3  center, which provide services to persons with maladaptive

 4  behaviors in the following sequential order:

 5         1.  Intensive treatment and educational center. This

 6  component is a self-contained residential unit providing

 7  intensive psychological and educational programming for

 8  persons with severe maladaptive behaviors, whose behaviors

 9  preclude placement in a less restrictive environment due to

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

11         2.  Transitional training and educational center. This

12  component is a residential unit for persons with moderate

13  maladaptive behaviors, providing concentrated psychological

14  and educational programming emphasizing a transition toward a

15  less restrictive environment.

16         3.  Community transition residence. This component is a

17  residential center providing educational programs and such

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

19  persons with maladaptive behaviors to avoid regression to more

20  restrictive environments while preparing them for more

21  independent living. Continuous-shift staff shall be required

22  for this component.

23         4.  Alternative living center. This component is a

24  residential unit providing an educational and family living

25  environment for persons with maladaptive behaviors, in a

26  moderately unrestricted setting. Residential staff shall be

27  required for this component.

28         5.  Independent living education center. This component

29  is a facility providing a family living environment for

30  persons with maladaptive behaviors, in a largely unrestricted

31  

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 1  setting which includes education and monitoring appropriate to

 2  support the development of independent living skills.

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

 4  comprehensive transitional education program are subject to

 5  the license issued to the comprehensive transitional education

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

 7         (c)  Comprehensive transitional education programs

 8  shall develop individual education plans for each person with

 9  maladaptive behaviors who receives services therein. Such

10  individual education plans shall be developed in accordance

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

12  34 C.F.R. part 300.

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

14  with maladaptive behaviors being provided services in a

15  comprehensive transitional education program exceed 120.

16         (e)  This subsection shall authorize licensure for

17  comprehensive transitional education programs which by July 1,

18  1989:

19         1.  Are in actual operation; or

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

21  which a county or city government has approved zoning allowing

22  for the placement of the facilities described in this

23  subsection, and have registered an intent with the department

24  to operate a comprehensive transitional education program.

25  However, nothing shall prohibit the assignment by such a

26  registrant to another entity at a different site within the

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

28  comprehensive transitional education program and local zoning

29  requirements and provided that each residential facility

30  within the component centers or units of the program

31  

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 1  authorized under this subparagraph shall not exceed a capacity

 2  of 15 persons.

 3         (8)  "Day habilitation facility" means any

 4  nonresidential facility which provides day habilitation

 5  services.

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

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

 8  socialization, and adaptive skills which takes place in a

 9  nonresidential setting, separate from the home or facility in

10  which the individual resides. Day habilitation services shall

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

12  her maximum functional level and shall be coordinated with any

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

14  of care.

15         (9)(10)  "Developmental disability" means a disorder or

16  syndrome that is attributable to retardation, cerebral palsy,

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

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

19  handicap that can reasonably be expected to continue

20  indefinitely.

21         (10)(11)  "Developmental disabilities institution"

22  means a state-owned and state-operated facility, formerly

23  known as a "Sunland Center," providing for the care,

24  habilitation, and rehabilitation of clients with developmental

25  disabilities.

26         (11)(12)  "Direct service provider," also known as

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

28  provisions relating to employment security checks, means a

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

30  contact with a client while providing services to the client

31  individuals with developmental disabilities, or has access to

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

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

 3         (12)(13)  "Domicile" means the place where a client

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

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

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

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

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

 9  resident alien.

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

11  private business or industry where a small group of persons

12  with developmental disabilities is employed and receives

13  training and support services or follow-along services among

14  nonhandicapped workers.

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

16  various causes which is characterized by recurrent seizures

17  due to excessive discharge of cerebral neurons. When found

18  concurrently with retardation, autism, or cerebral palsy,

19  epilepsy is considered a secondary disability for which the

20  client is eligible to receive services to ameliorate this

21  condition pursuant to this chapter.

22         (13)(16)  "Express and informed consent" means consent

23  voluntarily given in writing with sufficient knowledge and

24  comprehension of the subject matter involved to enable the

25  person giving consent to make a knowing an understanding and

26  enlightened decision without any element of force, fraud,

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

28         (14)(17)  "Family care program" means the program

29  established in s. 393.068.

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

31  services provided to persons with developmental disabilities

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

 2  not limited to, family support, assistance in meeting

 3  transportation and medical needs, employer intervention,

 4  performance evaluation, advocacy, replacement, retraining or

 5  promotional assistance, or other similar support services.

 6         (15)(19)  "Foster care facility" means a residential

 7  facility licensed under this chapter which provides a family

 8  living environment including supervision and care necessary to

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

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

11  more than three residents.

12         (16)(20)  "Group home facility" means a residential

13  facility licensed under this chapter which provides a family

14  living environment including supervision and care necessary to

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

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

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

18  chapter, group home facilities shall not be considered

19  commercial enterprises.

20         (17)(21)  "Guardian advocate" means a person appointed

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

22  developmental disabilities under s. 393.12.

23         (18)(22)  "Habilitation" means the process by which a

24  client is assisted to acquire and maintain those life skills

25  which enable the client to cope more effectively with the

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

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

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

29  formal structured education and treatment.

30  

31  

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 1         (19)(23)  "High-risk child" means, for the purposes of

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

 3  or more of the following characteristics:

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

 5  physical development.

 6         (b)  A child surviving a catastrophic infectious or

 7  traumatic illness known to be associated with developmental

 8  delay, when funds are specifically appropriated.

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

10  developmental disabilities who requires assistance in meeting

11  the child's developmental needs.

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

13  associated with developmental disability.

14         (20)(24)  "Intermediate care facility for the

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

16  facility licensed and certified pursuant to part XI of chapter

17  400.

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

19  employment-related training at a worksite to individuals with

20  developmental disabilities.

21         (21)(26)  "Medical/dental services" means medically

22  necessary those services that which are provided or ordered

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

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

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

26  drugs, specialized therapies, nursing supervision,

27  hospitalization, dietary services, prosthetic devices,

28  surgery, specialized equipment and supplies, adaptive

29  equipment, and other services as required to prevent or

30  alleviate a medical or dental condition.

31  

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

 2  employed by an agency that provides services outside the

 3  agency, usually under service contracts.

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

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

 6  as possible, making available to the client patterns and

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

 8  the norm and patterns of the mainstream of society.

 9         (22)(29)  "Personal care services" means include, but

10  are not limited to, such services as: individual assistance

11  with or supervision of essential activities of daily living

12  for self-care, including ambulation, bathing, dressing,

13  eating, grooming, and toileting, and other similar services

14  that are incidental to the care furnished and essential to the

15  health, safety, and welfare of the client when there is no one

16  else available to perform those services the agency may define

17  by rule. "Personal services" shall not be construed to mean

18  the provision of medical, nursing, dental, or mental health

19  services by the staff of a facility, except as provided in

20  this chapter. In addition, an emergency response device

21  installed in the apartment or living area of a resident shall

22  not be classified as a personal service.

23         (23)(30)  "Prader-Willi syndrome" means an inherited

24  condition typified by neonatal hypotonia with failure to

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

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

27  mental retardation, hypogonadism, short stature, mild facial

28  dysmorphism, and a characteristic neurobehavior.

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

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

31  

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 1  family or individual support plan, a knowledgeable statement

 2  of current needs and past development for each client.

 3         (24)(32)  "Relative" means an individual who is

 4  connected by affinity or consanguinity to the client and who

 5  is 18 years of age or older more.

 6         (25)(33)  "Resident" means any person with

 7  developmental disabilities who is developmentally disabled

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

 9  not such person is a client of the agency.

10         (26)(34)  "Residential facility" means a facility

11  providing room and board and personal care for persons with

12  developmental disabilities.

13         (27)(35)  "Residential habilitation" means supervision

14  and training assistance provided with the acquisition,

15  retention, or improvement in skills related to activities of

16  daily living, such as personal hygiene skills grooming and

17  cleanliness, homemaking skills bedmaking and household chores,

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

19  adaptive skills necessary to enable the individual to reside

20  in the community a noninstitutional setting.

21         (28)(36)  "Residential habilitation center" means a

22  community residential facility licensed under this chapter

23  which that provides residential habilitation services. The

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

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

26  habilitation centers may not shall be licensed and the

27  licensed capacity shall not be increased for any existing

28  residential habilitation center may not be increased.

29         (29)(37)  "Respite service" means appropriate,

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

31  developmental disabilities to meet the planned or emergency

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

 2  provider.

 3         (30)  "Restraint" means a physical device, method, or

 4  drug used to control dangerous behavior.

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

 6  physical or mechanical device, material, or equipment attached

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

 8  easily remove the restraint and which restricts freedom of

 9  movement or normal access to one's body.

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

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

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

13  person's medical or psychiatric condition. Physically holding

14  a person during a procedure to forcibly administer

15  psychotropic medication is a 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;

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         (31)(38)  "Retardation" means significantly subaverage

25  general intellectual functioning existing concurrently with

26  deficits in adaptive behavior and manifested during the period

27  from conception to age 18. "Significantly subaverage general

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

29  means performance which is two or more standard deviations

30  from the mean score on a standardized intelligence test

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

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 1  the purpose of this definition, means the effectiveness or

 2  degree with which an individual meets the standards of

 3  personal independence and social responsibility expected of

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

 5         (32)  "Seclusion" means the involuntary isolation of a

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

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

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

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

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

11  isolation due to the medical condition or symptoms of the

12  person.

13         (33)  "Self-determination" means an individual's

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

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

16  support, including prioritizing these funds when necessary,

17  responsibility for the wise use of public funds, and

18  self-advocacy to speak and advocate for oneself in order to

19  gain independence and ensure that individuals with a

20  developmental disability are treated equally.

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

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

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

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

25  harmful or potentially harmful nutritive or nonnutritive

26  substances.

27         (34)(40)  "Specialized therapies" means those

28  treatments or activities prescribed by and provided by an

29  appropriately trained, licensed, or certified professional or

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

31  therapy, speech therapy, respiratory therapy, occupational

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 1  therapy, behavior therapy, physical management services, and

 2  related specialized equipment and supplies.

 3         (35)(41)  "Spina bifida" means, for purposes of this

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

 5  cystica or myelomeningocele.

 6         (36)(42)  "Support coordinator" means a person who is

 7  designated by the agency to assist individuals and families in

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

 9  finding and gaining access to necessary supports and services;

10  coordinating the delivery of supports and services; advocating

11  on behalf of the individual and family; maintaining relevant

12  records; and monitoring and evaluating the delivery of

13  supports and services to determine the extent to which they

14  meet the needs and expectations identified by the individual,

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

16  support plan.

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

18  and receives supported employment services in order to

19  maintain community-based employment.

20         (37)(44)  "Supported employment" means employment

21  located or provided in a normal employment setting which

22  provides at least 20 hours employment per week in an

23  integrated work setting, with earnings paid on a commensurate

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

25  maintenance.

26         (38)(45)  "Supported living" means a category of

27  individually determined services designed and coordinated in

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

29  require ongoing supports to live as independently as possible

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

31  

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 1  to participate in community life to the fullest extent

 2  possible.

 3         (39)(46)  "Training" means a planned approach to

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

 5  potential and includes services ranging from sensory

 6  stimulation to instruction in skills for independent living

 7  and employment.

 8         (40)(47)  "Treatment" means the prevention,

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

10  disabilities or illnesses.

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

12  393.064, Florida Statutes, are amended to read:

13         393.064  Prevention.--

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

15  planning, and implementation of programs which have the

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

17  developmental disabilities. The agency shall direct an

18  interagency and interprogram effort for the continued

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

20  identify, through demonstration projects, through program

21  evaluation, and through monitoring of programs and projects

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

23  economic, or educational methods, techniques, or procedures

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

25  cure developmental disabilities. The agency program shall

26  determine the costs and benefits that would be associated with

27  such prevention efforts and shall implement, or recommend the

28  implementation of, those methods, techniques, or procedures

29  which are found likely to be cost-beneficial.

30         (2)  Prevention services provided by the agency shall

31  developmental services program include services to high-risk

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 1  and developmentally disabled children from 3 birth to 5 years

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

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

 4  which Such services shall include individual evaluations or

 5  assessments necessary to diagnose a developmental disability

 6  or high-risk condition and to determine appropriate individual

 7  family and support services, unless evaluations or assessments

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

 9  Services in the Department of Health Prevention and

10  Intervention for children ages birth to 3 years eligible for

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

12  Disabilities Education Act, such services and may include:

13         (a)  Individual evaluations or assessments necessary to

14  diagnose a developmental disability or high-risk condition and

15  to determine appropriate, individual family and support

16  services.

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

18  developmental training and specialized therapies. Early

19  intervention services, which are the responsibility of the

20  Division of Children's Medical Services Prevention and

21  Intervention for children ages birth to 3 years who are

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

23  the Individuals with Disabilities Education Act, shall not be

24  provided through the developmental services program unless

25  funding is specifically appropriated to the developmental

26  services program for this purpose.

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

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

29  services, and other services which allow families to maintain

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

31  Division of Children's Medical Services Prevention and

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 1  Intervention is responsible for the provision of services to

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

 3  under this chapter.

 4         (4)  There is created at the developmental disabilities

 5  services institution in Gainesville a research and education

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

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

 8         (a)  Research into the etiology of developmental

 9  disabilities.

10         (b)  Ensuring that new knowledge is rapidly

11  disseminated throughout the developmental services program of

12  the agency.

13         (c)  Diagnosis of unusual conditions and syndromes

14  associated with developmental disabilities in clients

15  identified throughout the developmental disabilities services

16  programs.

17         (d)  Evaluation of families of clients with

18  developmental disabilities of genetic origin in order to

19  provide them with genetic counseling aimed at preventing the

20  recurrence of the disorder in other family members.

21         (e)  Ensuring that health professionals in the

22  developmental disabilities services institution at Gainesville

23  have access to information systems that will allow them to

24  remain updated on newer knowledge and maintain their

25  postgraduate education standards.

26         (f)  Enhancing staff training for professionals

27  throughout the agency in the areas of genetics and

28  developmental disabilities.

29         Section 12.  Section 393.0641, Florida Statutes, is

30  amended to read:

31  

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 1         393.0641  Program for the prevention and treatment of

 2  severe self-injurious behavior.--

 3         (1)  Contingent upon specific appropriations, there is

 4  created a diagnostic, treatment, training, and research

 5  program for clients exhibiting severe self-injurious behavior.

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

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

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

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

10  ingestion of harmful or potentially harmful nutritive or

11  nonnutritive substances.

12         (2)  The This program shall:

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

14  training, and program development.

15         (b)  Research the diagnosis and treatment of severe

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

17  methods of prevention and treatment of self-injurious

18  behavior.

19         (c)  Identify individuals in critical need.

20         (d)  Develop treatment programs which are meaningful to

21  individuals with developmental disabilities, in critical need,

22  while safeguarding and respecting the legal and human rights

23  of the individuals.

24         (e)  Disseminate research findings on the prevention

25  and treatment of severe self-injurious behavior.

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

27  demographics of individuals with severe self-injurious

28  behavior, and disseminate the data.

29         (3)(2)  The This program shall adhere to the provisions

30  of s. 393.13.

31  

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 1         (4)(3)  The agency may contract for the provision of

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

 3         (5)(4)  The agency may has the authority to license

 4  this program and shall adopt rules to administer implement the

 5  program.

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

 7  393.065, Florida Statutes, are amended, and subsections (5)

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

 9         393.065  Application and eligibility determination.--

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

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

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

13  developmental services program shall review each applicant for

14  eligibility within 45 days after the date the application is

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

16  after the date the application is signed for all other

17  applicants. When necessary to definitively identify individual

18  conditions or needs, the agency shall provide a comprehensive

19  assessment. Only applicants individuals whose domicile is in

20  Florida are eligible for services. Information accumulated by

21  other agencies, including professional reports and collateral

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

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

24  medical necessity for prospective residents of

25  intermediate-care facilities for the developmentally disabled

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

27  with the Department of Elderly Affairs for its Comprehensive

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

29  program to conduct assessments to determine the level of need

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

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

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

 2  Security Act.

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

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

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

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

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

 8  Children and Family Services' statewide automated child

 9  welfare information system.

10         (6)  The agency may adopt rules specifying application

11  procedures and eligibility criteria as needed to administer

12  this section.

13         Section 14.  Section 393.0651, Florida Statutes, is

14  amended to read:

15         393.0651  Family or individual support plan.--The

16  agency shall provide directly or contract for the development

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

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

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

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

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

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

23  Each plan must shall include the most appropriate, least

24  restrictive, and most cost-beneficial environment for

25  accomplishment of the objectives for client progress and a

26  specification of all services authorized. The plan must shall

27  include provisions for the most appropriate level of care for

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

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

30  shall move toward placement of clients in residential

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

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

 2  client to live a dignified life in the least restrictive

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

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

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

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

 7  family or individual support plan shall be developed within

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

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

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

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

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

13  clients who are public school students entitled to a free

14  appropriate public education under the Individuals with

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

16  or individual support plan and IEP shall be implemented to

17  maximize the attainment of educational and habilitation goals.

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

19  school program indicates placement in a public or private

20  residential program is necessary to provide special education

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

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

23  the requirements of the Individuals with Disabilities

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

25  local education agencies and the agency from sharing the

26  residential service costs of students who are clients and

27  require residential placement. Under no circumstances shall

28  clients entitled to a public education or their parents be

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

30  a residential program.

31  

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

 2  system, an interdepartmental staffing team composed of

 3  representatives of the agency and the local school system

 4  shall develop a written transitional living and training plan

 5  with the participation of the client or with the parent or

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

 7  appropriate.

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

 9  facilitated through case management designed solely to advance

10  the individual needs of the client.

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

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

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

14  client who is not capable of express and informed consent

15  when:

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

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

18  be discovered; or

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

20  client.

21  

22  Such appointment shall not be construed to extend the powers

23  of the client advocate to include any of those powers

24  delegated by law to a legal guardian.

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

26  appropriate and least restrictive, and cost-beneficial,

27  residential facility according to his or her individual

28  support habilitation plan. The parent or guardian of The

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

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

31  administrator of the residential facility to which placement

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 1  is proposed shall be consulted in determining the appropriate

 2  placement for the client. Considerations for placement shall

 3  be made in the following order:

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

 5  or direct service provider.

 6         (b)  Foster care facility.

 7         (c)  Group home facility.

 8         (d)  Intermediate care facility for the developmentally

 9  disabled.

10         (e)  Other facilities licensed by the agency which

11  offer special programs for people with developmental

12  disabilities.

13         (f)  Developmental disabilities services institution.

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

15  individual support plan, the individual or family with the

16  assistance of the support planning team shall identify

17  measurable objectives for client progress and shall specify a

18  time period expected for achievement of each objective.

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

20  shall review progress in achieving the objectives specified in

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

22  revise the plan annually, following consultation with the

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

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

25  or designated contractor shall annually report in writing to

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

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

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

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

30  guardian, authorized guardian advocate, or client advocate for

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

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 1  initial family or individual support plan, or the annual

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

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

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

 5  support plans provided by the agency.

 6         Section 15.  Section 393.0654, Florida Statutes, is

 7  created to read.

 8         393.0654  Direct service providers; private sector

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

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

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

12  provider under contract with the agency if:

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

14  agency's placement recommendations or the client's

15  decisionmaking process regarding placement;

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

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

18  voluntary choice among private providers for services;

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

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

21  does not impede the full and faithful discharge of the

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

23         (4)  The service provider discloses the dual employment

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

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

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

27  appropriate.

28         Section 16.  Section 393.0655, Florida Statutes, is

29  amended to read:

30         393.0655  Screening of direct service providers.--

31  

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

 2  2 employment screening pursuant to chapter 435 for direct

 3  service providers who are unrelated to their clients,

 4  including support coordinators, and managers and supervisors

 5  of residential facilities or comprehensive transitional

 6  education programs licensed under this chapter s. 393.067 and

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

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

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

10  Background screening shall include employment history checks

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

12  through local law enforcement agencies.

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

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

15  if the volunteer is under the direct and constant visual

16  supervision of persons who meet the screening requirements of

17  this section.

18         (b)  Licensed physicians, nurses, or other

19  professionals licensed and regulated by the Department of

20  Health are not subject to background screening pursuant to

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

22  their scope of licensed practice.

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

24  with developmental disabilities and paid by the family or the

25  individual to provide supports or services is not required to

26  have a background screening under this section.

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

28  members, residing with a the direct services provider who

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

30  residence, including family members, are subject to background

31  

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

 2  shall be screened for delinquency records only.

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

 4  completion of background screening is temporarily exempt from

 5  the screening requirements under this section if the provider

 6  is under the direct and constant visual supervision of persons

 7  who meet the screening requirements of this section. Such

 8  exemption expires 90 days after the direct service provider

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

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

11  personal property.

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

13  grant exemptions from disqualification from working with

14  children or adults with developmental disabilities only as

15  provided in s. 435.07.

16         (3)  PAYMENT FOR PROCESSING OF FINGERPRINTS AND STATE

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

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

19  employer or by the employee or individual who is being

20  screened.

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

22  BEING EMPLOYED BY A DIRECT SERVICE PROVIDER RESIDENTIAL

23  FACILITY; HEARINGS PROVIDED.--

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

25  revoke a license, certification, rate agreement, purchase

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

27  393.0673, s. 393.0675, or s. 393.0678 in addition to or in

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

29  failure to comply with this section.

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

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

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

 2  service provider affected, stating the specific record that

 3  which indicates noncompliance with the standards in this

 4  section.

 5         (c)  The procedures established for hearing under

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

 7  affected direct service provider in order to present evidence

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

 9  to the denial of an exemption from disqualification.

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

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

12  found to be in noncompliance with standards of this section

13  shall result in automatic denial, termination, or revocation

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

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

16  by the agency.

17         Section 17.  Section 393.0657, Florida Statutes, is

18  amended to read:

19         393.0657  Persons not required to be refingerprinted or

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

21  background screening required under s. 393.0655 within the

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

23  notwithstanding, human resource personnel who have been

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

25  402, and 409, and teachers who have been fingerprinted

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

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

28  perjury attest to the completion of such fingerprinting or

29  screening and to compliance with the provisions of this

30  section and the standards for good moral character as

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

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 1  394.457(6), 397.451, 402.305(2), and 409.175(6), shall not be

 2  required to repeat such screening be refingerprinted or

 3  rescreened in order to comply with the any direct service

 4  provider screening or fingerprinting requirements. Such

 5  persons are responsible for providing documentation of the

 6  screening and shall undergo screening for any remaining

 7  background screening requirements that have never been

 8  conducted or have not been completed within the last 12

 9  months.

10         Section 18.  Section 393.066, Florida Statutes, is

11  amended to read:

12         393.066  Community services and treatment for persons

13  who are developmentally disabled.--

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

15  implement its programs of services and treatment for persons

16  with developmental disabilities who are developmentally

17  disabled to allow clients to live as independently as possible

18  in their own homes or communities and to achieve productive

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

20  community-based services shall be made available, and

21  eligibility for these services shall be consistent across the

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

23  by the agency.

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

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

26  cost-efficient than having those services provided directly.

27  All purchased services must be approved by the agency.

28         (3)  Community-based services that are medically

29  necessary to prevent institutionalization shall, to the extent

30  of available resources, include:

31  

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 1         (a)  Adult day training habilitation services,

 2  including developmental training services.

 3         (b)  Family care services.

 4         (c)  Guardian advocate referral services.

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

 6  services shall not be provided to clients with spina bifida

 7  except as specifically appropriated by the Legislature.

 8         (e)  Parent training.

 9         (f)  Personal care services.

10         (g)(f)  Recreation.

11         (h)(g)  Residential facility services.

12         (i)(h)  Respite services.

13         (j)(i)  Social services.

14         (k)(j)  Specialized therapies.

15         (l)(k)  Supported employment, including enclave, job

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

17         (m)(l)  Supported living.

18         (n)(m)  Training, including behavioral-analysis

19  services behavioral programming.

20         (o)(n)  Transportation.

21         (p)(o)  Other habilitative and rehabilitative services

22  as needed.

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

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

25  government whenever such services are more cost-efficient than

26  such services provided directly by the department, including

27  arrangements for provision of residential facilities.

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

29  of more cost-effective, community-based residential

30  facilities, the agency shall promote the statewide development

31  of day habilitation services for clients who live with a

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 1  direct service provider in a community-based residential

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

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

 4  absence of day habilitation services, require admission to a

 5  developmental disabilities institution. Each day service

 6  facility shall provide a protective physical environment for

 7  clients, ensure that direct service providers meet minimum

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

 9  to all day habilitation service participants at least one meal

10  on each day of operation, provide facilities to enable

11  participants to obtain needed rest while attending the

12  program, as appropriate, and provide social and educational

13  activities designed to stimulate interest and provide

14  socialization skills.

15         (6)  To promote independence and productivity, the

16  agency shall provide supports and services, within available

17  resources, to assist clients enrolled in Medicaid waivers who

18  choose to pursue gainful employment.

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

20  residential facilities available at the least possible cost to

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

22  residential facilities under long-term rental agreements, if

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

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

25  or state construction of such a facility.

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

27  eligibility criteria, and procedures for the purchase of

28  services to ensure compliance with federal laws or regulations

29  that apply to services provided pursuant to this section.

30         Section 19.  Section 393.067, Florida Statutes, is

31  amended to read:

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 1         393.067  Facility licensure of residential facilities

 2  and comprehensive transitional education programs.--

 3         (1)  The agency shall provide through its licensing

 4  authority and by rule license application procedures, a system

 5  of provider qualifications, facility and client care

 6  standards, requirements for client records, requirements for

 7  staff qualifications and training criteria for meeting

 8  standards, and requirements for monitoring foster care for

 9  residential facilities, group home facilities, residential

10  habilitation centers, and comprehensive transitional education

11  programs that serve agency clients.

12         (2)  The agency shall conduct annual inspections and

13  reviews of residential facilities and comprehensive

14  transitional education programs licensed under this section

15  annually.

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

17  must for a residential facility or a comprehensive

18  transitional education program shall be made to the agency on

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

20  appropriate license fee.

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

22  contain the following:

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

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

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

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

27  and address and the name and address of each director and each

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

29  is to be known.

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

31  a license is sought.

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

 2  management or supervision the facility or program will be

 3  conducted.

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

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

 6  provided by the facility or program.

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

 8  or units which will compose the comprehensive transitional

 9  education program.

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

11  treatment to be provided by the facility or program.

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

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

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

15  program will receive training to detect and prevent sexual

16  abuse of residents and clients.

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

18  necessary to carry out the provisions of this chapter.

19         (5)  The applicant shall submit evidence which

20  establishes the good moral character of the manager or

21  supervisor of the facility or program and the direct service

22  providers in the facility or program and its component centers

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

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

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

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

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

28  transitional education program which applies for renewal of

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

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

31  applicant facility or program since submitting fingerprints to

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

 2  identifying those direct service providers for whom a written

 3  assurance of compliance was provided by the agency or

 4  department and identifying those direct service providers who

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

 6  awaiting the results of the required fingerprint check along

 7  with the date of the submission of those fingerprints for

 8  processing. The agency shall by rule determine the frequency

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

10  criminal records checks for such direct service providers

11  except for those direct service providers awaiting the results

12  of initial fingerprint checks for employment at the applicant

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

14  the direct service providers at the applicant facility or

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

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

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

18  the responsibility of the person being screened, upon request

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

20  disposition information to the agency. Failure to supply the

21  missing information within 30 days or to show reasonable

22  efforts to obtain such information shall result in automatic

23  disqualification.

24         2.  The applicant shall sign an affidavit under penalty

25  of perjury stating that all new direct service providers have

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

27  remaining direct service providers have worked at the

28  applicant facility or program on a continuous basis since

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

30  written assurance of compliance from the agency or department.

31  

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

 2  initial or renewal license, the applicant, and any manager,

 3  supervisor, and staff member of the direct service provider of

 4  a facility or program licensed under this section, must have

 5  submitted to background screening as required under s.

 6  393.0655. A license may not be issued or renewed if the

 7  applicant or any manager, supervisor, or staff member of the

 8  direct service provider has failed background screenings as

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

10  the frequency of background screening. The applicant shall

11  submit with each initial or renewal application a signed

12  affidavit under penalty of perjury stating that the applicant

13  and any manager, supervisor, or staff member of the direct

14  service provider is in compliance with all requirements for

15  background screening. to a residential facility or

16  comprehensive transitional education program:

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

18  set of fingerprints, taken by an authorized law enforcement

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

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

21  providers of the facility or program;

22         2.  The agency shall submit the fingerprints to the

23  Department of Law Enforcement for state processing and for

24  federal processing by the Federal Bureau of Investigation; and

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

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

27  393.0655(1) and shall notify the applicant of its findings.

28  When disposition information is missing on a criminal record,

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

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

31  missing disposition information to the agency. Failure to

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 1  supply the missing information within 30 days or to show

 2  reasonable efforts to obtain such information shall result in

 3  automatic disqualification.

 4         (c)  The agency or a residential facility or

 5  comprehensive transitional education program may not use the

 6  criminal records or juvenile records of a person obtained

 7  under this subsection for any purpose other than determining

 8  if that person meets the minimum standards for good moral

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

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

11  or juvenile records obtained by the agency or a residential

12  facility or comprehensive transitional education program for

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

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

15         (6)  Each applicant for licensure as an intermediate

16  care facility for the developmentally disabled must comply

17  with the following requirements:

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

19  application, the agency shall require background screening, in

20  accordance with the level 2 standards for screening set forth

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

22  titled individual who is responsible for the daily operation

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

24  similarly titled individual who is responsible for the

25  financial operation of the center, including billings for

26  resident care and services. The applicant must comply with the

27  procedures for level 2 background screening as set forth in

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

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

30  other individual who is an applicant if the agency has

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

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 1  a crime or has committed any other offense prohibited under

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

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

 4  screening requirements of chapter 435 which has been submitted

 5  within the previous 5 years in compliance with any other

 6  health care licensure requirements of this state is acceptable

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

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

 9  applicant when each individual required by this section to

10  undergo background screening has met the standards for the

11  Department of Law Enforcement background check, but the agency

12  has not yet received background screening results from the

13  Federal Bureau of Investigation, or a request for a

14  disqualification exemption has been submitted to the agency as

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

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

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

18  Federal Bureau of Investigation background screening for each

19  individual required by this section to undergo background

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

21  upon the granting of a disqualification exemption by the

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

23  required to undergo level 2 background screening may serve in

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

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

26  may not continue to serve if the report indicates any

27  violation of background screening standards and a

28  disqualification exemption has not been requested of and

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

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

31  application, a description and explanation of any exclusions,

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 1  permanent suspensions, or terminations of the applicant from

 2  the Medicare or Medicaid programs. Proof of compliance with

 3  the requirements for disclosure of ownership and control

 4  interests under the Medicaid or Medicare programs shall be

 5  accepted in lieu of this submission.

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

 7  description and explanation of any conviction of an offense

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

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

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

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

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

13  serves solely in a voluntary capacity for the corporation or

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

15  operational decisions of the corporation or organization,

16  receives no remuneration for his or her services on the

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

18  financial interest and has no family members with a financial

19  interest in the corporation or organization, provided that the

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

21  include in the application a statement affirming that the

22  director's relationship to the corporation satisfies the

23  requirements of this paragraph.

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

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

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

27  contendere or guilty to, any offense prohibited under the

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

29  unless an exemption from disqualification has been granted by

30  the agency as set forth in chapter 435.

31  

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

 2  applicant:

 3         1.  Has falsely represented a material fact in the

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

 5  omitted any material fact from the application required by

 6  paragraph (e) or paragraph (f); or

 7         2.  Has had prior action taken against the applicant

 8  under the Medicaid or Medicare program as set forth in

 9  paragraph (e).

10         (i)  An application for license renewal must contain

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

12         (6)(7)  The applicant shall furnish satisfactory proof

13  of financial ability to operate and conduct the facility or

14  program in accordance with the requirements of this chapter

15  and adopted all rules promulgated hereunder.

16         (7)(8)  The agency shall adopt rules establishing

17  minimum standards for licensure of residential facilities and

18  comprehensive transitional education programs licensed under

19  this section, including rules requiring facilities and

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

21  residents and clients, minimum standards of quality and

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

23  uniform firesafety standards established by the State Fire

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

25  of the component centers or units of the program.

26         (8)(9)  The agency and the Agency for Health Care

27  Administration, after consultation with the Department of

28  Community Affairs, shall adopt rules for foster care

29  residential facilities, group home facilities, and residential

30  habilitation centers which establish under the respective

31  regulatory jurisdiction of each establishing minimum standards

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 1  for the preparation and annual update of a comprehensive

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

 3  provide for plan components that address emergency evacuation

 4  transportation; adequate sheltering arrangements; postdisaster

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

 6  postdisaster transportation; supplies; staffing; emergency

 7  equipment; individual identification of residents and transfer

 8  of records; and responding to family inquiries. The

 9  comprehensive emergency management plan for all comprehensive

10  transitional education programs and for homes serving

11  individuals who have complex medical conditions is subject to

12  review and approval by the local emergency management agency.

13  During its review, the local emergency management agency shall

14  ensure that the agency and the Department of Community Affairs

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

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

17  the Agency for Persons with Disabilities, and the Department

18  of Community Affairs. Also, appropriate volunteer

19  organizations must be given the opportunity to review the

20  plan. The local emergency management agency shall complete its

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

22  the facility of necessary revisions.

23         (9)(10)  The agency may conduct unannounced inspections

24  to determine compliance by foster care residential facilities,

25  group home facilities, residential habilitation centers, and

26  comprehensive transitional education programs with the

27  applicable provisions of this chapter and the rules adopted

28  pursuant hereto, including the rules adopted for training

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

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

31  

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 1  make copies of inspection reports available to the public upon

 2  request.

 3         (11)  An alternative living center and an independent

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

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

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

 7  of s. 419.001(2) if:

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

 9  manner so that all the component centers of a comprehensive

10  transition education center may be located thereon; or

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

12  said radius of 1,000 feet.

13         (10)(12)  Each residential facility or comprehensive

14  transitional education program licensed under this section by

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

16  accurate sworn statement of its costs of providing care to

17  clients funded by the agency.

18         (11)(13)  The agency may audit the records of any

19  residential facility or comprehensive transitional education

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

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

22  any financial audit of such facility or program shall be

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

24         (12)(14)  The agency shall establish, for the purpose

25  of control of licensure costs, a uniform management

26  information system and a uniform reporting system with uniform

27  definitions and reporting categories.

28         (13)(15)  Facilities and programs licensed pursuant to

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

30  393.13, including those enumerated in s. 393.13(4).

31  

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 1         (14)(16)  An No unlicensed residential facility or

 2  comprehensive transitional education program may not shall

 3  receive state funds. A license for the operation of a facility

 4  or program shall not be renewed if the licensee has any

 5  outstanding fines assessed pursuant to this chapter wherein

 6  final adjudication of such fines has been entered.

 7         (15)(17)  The agency is shall not be required to

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

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

10  shall continue to contract within available resources for

11  residential services with facilities licensed prior to October

12  1, 1989, if such facilities comply with the provisions of this

13  chapter and all other applicable laws and regulations.

14         Section 20.  Section 393.0673, Florida Statutes, is

15  amended to read:

16         393.0673  Denial, suspension, revocation of license;

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

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

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

20  violation per day, if the applicant or licensee:

21         (a)  Has falsely represented, or omitted a material

22  fact in its license application submitted under s. 393.067.

23         (b)  Has had prior action taken against it under the

24  Medicaid or Medicare program.

25         (c)  Has failed to comply with the applicable

26  requirements of this chapter or rules applicable to the

27  applicant or licensee for a violation of any provision of s.

28  393.0655 or s. 393.067 or rules adopted pursuant thereto.

29         (2)  All hearings shall be held within the county in

30  which the licensee or applicant operates or applies for a

31  license to operate a facility as defined herein.

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 1         (3)(2)  The agency, as a part of any final order issued

 2  by it under the provisions of this chapter, may impose such

 3  fine as it deems proper, except that such fine may not exceed

 4  $1,000 for each violation. Each day a violation of this

 5  chapter occurs constitutes a separate violation and is subject

 6  to a separate fine, but in no event may the aggregate amount

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

 8  licensee under the provisions of this subsection shall be

 9  deposited in the Resident Protection Trust Fund and expended

10  as provided in s. 400.063.

11         (4)(3)  The agency may issue an order immediately

12  suspending or revoking a license when it determines that any

13  condition in the facility presents a danger to the health,

14  safety, or welfare of the residents in the facility.

15         (5)(4)  The agency may impose an immediate moratorium

16  on admissions to any facility when the department determines

17  that any condition in the facility presents a threat to the

18  health, safety, or welfare of the residents in the facility.

19         (6)  The agency shall establish by rule criteria for

20  evaluating the severity of violations and for determining the

21  amount of fines imposed.

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

23  Florida Statutes, is amended to read:

24         393.0674  Penalties.--

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

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

27  person willfully, knowingly, or intentionally to:

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

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

30  application for voluntary or paid employment a material fact

31  

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

 2  qualifications to be a direct service provider;

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

 4  with direct service providers who are not in compliance

 5  noncompliance with the background screening requirements

 6  minimum standards for good moral character as contained in

 7  this chapter; or

 8         (c)  Use information from the criminal records or

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

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

11  for employment as specified in those sections or release such

12  information to any other person for any purpose other than

13  screening for employment as specified in those sections.

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

15  Florida Statutes, is amended to read:

16         393.0675  Injunctive proceedings authorized.--

17         (3)  The agency may institute proceedings for an

18  injunction in a court of competent jurisdiction to terminate

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

20  provider has willfully and knowingly refused to comply with

21  the screening requirement for direct service providers or has

22  refused to terminate direct service providers found not to be

23  in compliance with such the requirements for good moral

24  character.

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

26  Florida Statutes, is amended to read:

27         393.0678  Receivership proceedings.--

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

29  jurisdiction for the appointment of a receiver for an

30  intermediate care facility for the developmentally disabled, a

31  residential habilitation center, or a group home facility

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

 2  the following conditions exist:

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

 4  license and refuses to make application for a license as

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

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

 7  393.067 and 400.062.

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

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

10  and adequate arrangements have not been made for relocation of

11  the residents within 7 days, exclusive of weekends and

12  holidays, of the closing of the facility.

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

14  facility which present an imminent danger to the health,

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

16  present a substantial probability that death or serious

17  physical harm would result therefrom. Whenever possible, the

18  agency shall facilitate the continued operation of the

19  program.

20         (d)  The licensee cannot meet its financial obligations

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

22  as the issuance of bad checks or the accumulation of

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

24  drugs, or utilities constitutes prima facie evidence that the

25  ownership of the facility lacks the financial ability to

26  operate the home in accordance with the requirements of this

27  chapter and all rules promulgated thereunder.

28         Section 24.  Subsections (1), (2), (3), (5), and (7) of

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

30         393.068  Family care program.--

31  

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

 2  purpose of providing services and support to families and

 3  individuals with developmental disabilities in order to

 4  maintain the individual in the home environment and avoid

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

 6  available to families and individuals with developmental

 7  disabilities shall emphasize community living and

 8  self-determination and enable individuals with developmental

 9  disabilities to enjoy typical lifestyles. One way to

10  accomplish this is to recognize that families are the greatest

11  resource available to individuals who have developmental

12  disabilities and must be supported in their role as primary

13  care givers.

14         (2)  Services and support authorized under the family

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

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

17  shall include, but not be limited to:

18         (a)  Attendant care.

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

20         (c)  Home visitation by agency workers.

21         (d)  In-home subsidies.

22         (e)  Low-interest loans.

23         (f)  Modifications for vehicles used to transport the

24  individual with a developmental disability.

25         (g)  Facilitated communication.

26         (h)  Family counseling.

27         (i)  Equipment and supplies.

28         (j)  Self-advocacy training.

29         (k)  Roommate services.

30         (l)  Integrated community activities.

31         (m)  Emergency services.

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 1         (n)  Support coordination.

 2         (o)  Supported employment.

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

 4  family or individual.

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

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

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

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

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

10  direct service provider of a client enrolled in the family

11  care program shall be reimbursed according to a rate schedule

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

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

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

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

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

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

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

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

20  service contracts shall be used whenever the services so

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

22  agency.

23         (7)  To provide a range of personal care services for

24  the client, the use of volunteers shall be maximized. The

25  agency shall assure appropriate insurance coverage to protect

26  volunteers from personal liability while acting within the

27  scope of their volunteer assignments under the program.

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

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

30  that section, to read:

31         393.0695  Provision of in-home subsidies.--

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

 2  determination of need and must not exceed maximum amounts set

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

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

 5  section, including standards and procedures governing

 6  eligibility for services, selection of housing, selection of

 7  providers, and planning for services, and requirements for

 8  ongoing monitoring.

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

10  Statutes, is amended to read:

11         393.075  General liability coverage.--

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

13  of Financial Services shall provide coverage through the

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

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

16  cares for children placed by developmental services staff of

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

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

19  residence. The coverage shall be provided from the general

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

21  coverage is limited to general liability claims arising from

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

23  care facility or group home facility pursuant to an agreement

24  with the agency and pursuant to guidelines established through

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

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

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

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

29  fund. A person covered under the general liability account

30  pursuant to this subsection shall immediately notify the

31  

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 1  Division of Risk Management of the Department of Financial

 2  Services of any potential or actual claim.

 3         Section 27.  Section 393.11, Florida Statutes, is

 4  amended to read:

 5         393.11  Involuntary admission to residential

 6  services.--

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

 8  and requires involuntary admission to residential services

 9  provided by the agency, the circuit court of the county in

10  which the person resides shall have jurisdiction to conduct a

11  hearing and enter an order involuntarily admitting the person

12  in order that the person may receive the care, treatment,

13  habilitation, and rehabilitation which the person needs. For

14  the purpose of identifying mental retardation, diagnostic

15  capability shall be established by the agency. Except as

16  otherwise specified, the proceedings under this section shall

17  be governed by the Florida Rules of Civil Procedure.

18         (2)  PETITION.--

19         (a)  A petition for involuntary admission to

20  residential services may be executed by a petitioning

21  commission. For proposed involuntary admission to residential

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

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

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

25  defendant's attorney.

26         (b)  The petitioning commission shall consist of three

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

28  and practicing under chapter 458 or chapter 459.

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

30  

31  

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

 2  commissioners and their relationship to the person with mental

 3  retardation or autism;

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

 5  present address of the person with mental retardation or

 6  autism;

 7         3.  Allege that the commission believes that the person

 8  needs involuntary residential services and specify the factual

 9  information on which the such belief is based;

10         4.  Allege that the person lacks sufficient capacity to

11  give express and informed consent to a voluntary application

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

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

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

15         5.  State which residential setting is the least

16  restrictive and most appropriate alternative and specify the

17  factual information on which the such belief is based.

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

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

20  autism resides.

21         (3)  NOTICE.--

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

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

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

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

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

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

28  involuntary admission to residential services shall be served

29  with the notice.

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

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

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

 2  to involuntarily admit the defendant to residential services

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

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

 5  state attorney of the circuit from which the defendant was

 6  committed, and the agency.

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

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

 9  or autism for involuntary residential services. The notice

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

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

12  mental retardation or autism has the right to be represented

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

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

15         (4)  AGENCY DEVELOPMENTAL SERVICES PARTICIPATION.--

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

17  immediately order the developmental services program of the

18  agency to examine the person being considered for involuntary

19  admission to residential services.

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

21  the developmental services program examines the person, a

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

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

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

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

26  is filed with the court.

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

28  agency's developmental services program evaluation, and any

29  recommendations deemed appropriate, and a determination of

30  whether the person is eligible for services under this

31  chapter.

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 1         (5)  EXAMINING COMMITTEE.--

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

 3  immediately appoint an examining committee to examine the

 4  person being considered for involuntary admission to

 5  residential services provided by of the developmental services

 6  program of the agency.

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

 8  disinterested experts who have demonstrated to the court an

 9  expertise in the diagnosis, evaluation, and treatment of

10  persons with mental retardation. The committee must shall

11  include at least one licensed and qualified physician, one

12  licensed and qualified psychologist, and one qualified

13  professional with a minimum of a masters degree in social

14  work, special education, or vocational rehabilitation

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

16  hearing on the involuntary admission to residential services.

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

18  involuntary admission to residential services and counsel for

19  the petition commission has shall have the right to challenge

20  the qualifications of those appointed to the examining

21  committee.

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

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

24  practice or in employer-employee relationships. Members of the

25  committee may shall not have served as members of the

26  petitioning commission. Members of the committee may shall not

27  be employees of the members of the petitioning commission or

28  be associated in practice with members of the commission.

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

30  the court. The report must shall explicitly document the

31  extent that the person meets the criteria for involuntary

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

 2  include, but not be limited to:

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

 4  whether, using diagnostic capabilities established by the

 5  agency, the person is eligible for agency services;

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

 7  retardation, the person:

 8         a.  Lacks sufficient capacity to give express and

 9  informed consent to a voluntary application for services

10  pursuant to s. 393.065;

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

12  degree that close supervision and habilitation in a

13  residential setting is necessary and if not provided would

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

15  person's well-being; or

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

17  remain at liberty.

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

19         4.  A recommendation on the type of residential

20  placement which would be the most appropriate and least

21  restrictive for the person; and

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

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

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

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

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

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

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

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

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

31  

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 1  the person with mental retardation resided when the petition

 2  was filed.

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

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

 5  the examining committee.

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

 7         (a)  The person with mental retardation shall be

 8  represented by counsel at all stages of the judicial

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

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

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

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

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

14  shall represent the rights and legal interests of the person

15  with mental retardation, regardless of who may initiate the

16  proceedings or pay the attorney's fee.

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

18  representation, reasonably believes that the person with

19  mental retardation cannot adequately act in his or her own

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

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

22  before a guardian ad litem is appointed pursuant to this

23  section.

24         (7)  HEARING.--

25         (a)  The hearing for involuntary admission shall be

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

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

28  convenient to the person as may be consistent with orderly

29  procedure. The hearing shall be conducted in a physical

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

31  

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

 2  soon as practicable after the petition is filed, but

 3  reasonable delay for the purpose of investigation, discovery,

 4  or procuring counsel or witnesses shall be granted.

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

 6  magistrate to preside. Except as otherwise specified, the

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

 8  Florida Rules of Civil Procedure.

 9         (d)  The person with mental retardation shall be

10  physically present throughout the entire proceeding. If the

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

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

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

14  the hearing has commenced.

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

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

17  alleging the appropriateness of the person's admission to

18  residential care. Other relevant and material evidence

19  regarding the appropriateness of the person's admission to

20  residential services; the most appropriate, least restrictive

21  residential placement; and the appropriate care, treatment,

22  and habilitation of the person, including written or oral

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

24  person.

25         (f)  The petitioning commission may be represented by

26  counsel at the hearing. The petitioning commission shall have

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

28  witnesses, and present argument on behalf of the petitioning

29  commission.

30         (g)  All evidence shall be presented according to

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

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 1  the appropriateness of the person's admission to residential

 2  services. The burden of proof shall be by clear and convincing

 3  evidence.

 4         (h)  All stages of each proceeding shall be

 5  stenographically reported.

 6         (8)  ORDER.--

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

 8  findings of fact and conclusions of law to support its

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

10  findings of fact.

11         (b)  An order of involuntary admission to residential

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

13         1.  The person is mentally retarded or autistic;

14         2.  Placement in a residential setting is the least

15  restrictive and most appropriate alternative to meet the

16  person's needs; and

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

18  retardation or autism, the person:

19         a.  Lacks sufficient capacity to give express and

20  informed consent to a voluntary application for services

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

22  skills to such a degree that close supervision and

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

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

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

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

27  remain at liberty.

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

29  sufficient to warrant involuntary admission to residential

30  services, but the court feels that residential services would

31  

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

 2  voluntary admission.

 3         (d)  If an order of involuntary admission to

 4  residential services provided by the developmental services

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

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

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

 8  defense counsel, if applicable. The order of involuntary

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

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

11  contained in the court file.

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

13  45 days, provide the court with a copy of the person's family

14  or individual support plan and copies of all examinations and

15  evaluations, outlining the treatment and rehabilitative

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

17  placed in the most appropriate, least restrictive and

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

19  family or individual support plan and other examinations and

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

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

22  court.

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

24  RESIDENTIAL SERVICES.--

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

26  to residential care may not be considered an adjudication of

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

28  incompetent solely by reason of the person's involuntary

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

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

31  citizens of this state and of the United States.

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 1         (b)  Any minor involuntarily admitted to residential

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

 3  determine the continued appropriateness of his or her

 4  involuntary admission.

 5         (10)  COMPETENCY.--

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

 7  distinct from a determination of the appropriateness of

 8  involuntary admission to residential services for a condition

 9  of mental retardation.

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

11  mental retardation for purposes of assigning guardianship

12  shall be determined in a separate proceeding according to the

13  procedures and requirements of chapter 744 and the Florida

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

15  mental retardation or autism for purposes of determining

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

17  shall be determined in accordance with chapter 916.

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

19  the initial order for involuntary admission to residential

20  services under this section has shall have continuing

21  jurisdiction to enter further orders to ensure that the person

22  is receiving adequate care, treatment, habilitation, and

23  rehabilitation, including psychotropic medication and

24  behavioral programming. Upon request, the court may transfer

25  the continuing jurisdiction to the court where a client

26  resides if it is different from where the original involuntary

27  admission order was issued. A No person may not be released

28  from an order for involuntary admission to residential

29  services except by the order of the court.

30         (12)  APPEAL.--

31  

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 1         (a)  Any party to the proceeding who is affected by an

 2  order of the court, including the agency, may appeal to the

 3  appropriate district court of appeal within the time and in

 4  the manner prescribed by the Florida Rules of Appellate

 5  Procedure.

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

 7  retardation shall stay admission of the person into

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

 9  pendency of all review proceedings in Florida courts until a

10  mandate issues.

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

12  any person involuntarily admitted into residential care to the

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

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

15  file a petition for a writ of habeas corpus to question the

16  cause, legality, and appropriateness of the person's

17  involuntary admission. Each person, or the person's parent or

18  legal guardian, shall receive specific written notice of the

19  right to petition for a writ of habeas corpus at the time of

20  his or her involuntary placement.

21         Section 28.  Section 393.122, Florida Statutes, is

22  amended to read:

23         393.122  Applications for continued residential

24  services.--

25         (1)  If a client is discharged from residential

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

27  application for needed services shall be encouraged.

28         (2)  A No client receiving services from a state agency

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

30  continued services due to any change in eligibility

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

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 1         Section 29.  Section 393.13, Florida Statutes, is

 2  amended to read:

 3         393.13  Personal Treatment of persons with

 4  developmental disabilities who are developmentally disabled.--

 5         (1)  SHORT TITLE.--This section act shall be known as

 6  "The Bill of Rights of Persons with Developmental Disabilities

 7  Who are Developmentally Disabled."

 8         (2)  LEGISLATIVE INTENT.--

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

10  of care provided to individuals with developmental

11  disabilities who are developmentally disabled must be designed

12  to meet the needs of the clients as well as protect the

13  integrity of their legal and human rights.

14         (b)  The Legislature further finds and declares that

15  the design and delivery of treatment and services to persons

16  with developmental disabilities who are developmentally

17  disabled should be directed by the principles of

18  self-determination normalization and therefore should:

19         1.  Abate the use of large institutions.

20         2.  Continue the development of community-based

21  services that which provide reasonable alternatives to

22  institutionalization in settings that are least restrictive to

23  the client and that provide opportunities for inclusion in the

24  community.

25         3.  Provide training and education that to individuals

26  who are developmentally disabled which will maximize their

27  potential to lead independent and productive lives and that

28  which will afford opportunities for outward mobility from

29  institutions.

30         4.  Reduce the use of sheltered workshops and other

31  noncompetitive employment day activities and promote

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 1  opportunities for those gainful employment for persons with

 2  developmental disabilities who choose to seek such employment.

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

 4  duplicative and unnecessary administrative procedures and

 5  practices shall be eliminated, and areas of responsibility

 6  shall be clearly defined and consolidated in order to

 7  economically utilize present resources. Furthermore, personnel

 8  providing services should be sufficiently qualified and

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

10  sufficient in number to provide treatment in a manner which is

11  beneficial to the clients.

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

13         1.  To articulate the existing legal and human rights

14  of persons with developmental disabilities who are

15  developmentally disabled so that they may be exercised and

16  protected. Persons with developmental disabilities shall have

17  all the rights enjoyed by citizens of the state and the United

18  States.

19         2.  To provide a mechanism for the identification,

20  evaluation, and treatment of persons with developmental

21  disabilities.

22         3.  To divert those individuals from institutional

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

24  placed in less costly, more effective community environments

25  and programs.

26         4.  To fund improvements in the program in accordance

27  with the availability of state resources and yearly priorities

28  determined by the Legislature.

29         5.  To ensure that persons with developmental

30  disabilities receive treatment and habilitation which fosters

31  the developmental potential of the individual.

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 1         6.  To provide programs for the proper habilitation and

 2  treatment of persons with developmental disabilities which

 3  shall include, but not be limited to, comprehensive

 4  medical/dental care, education, recreation, specialized

 5  therapies, training, social services, transportation,

 6  guardianship, family care programs, day habilitation services,

 7  and habilitative and rehabilitative services suited to the

 8  needs of the individual regardless of age, degree of

 9  disability, or handicapping condition. It is the intent of the

10  Legislature that no person with developmental disabilities

11  shall be deprived of these enumerated services by reason of

12  inability to pay.

13         7.  To fully effectuate the principles of

14  self-determination normalization principle through the

15  establishment of community services for persons with

16  developmental disabilities as a viable and practical

17  alternative to institutional care at each stage of individual

18  life development and to promote opportunities for community

19  inclusion. If care in a residential facility becomes

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

21         8.  To minimize and achieve an ongoing reduction in the

22  use of restraint and seclusion in facilities and programs

23  serving persons with developmental disabilities.

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

25  guarantee individual dignity, liberty, pursuit of happiness,

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

27  developmental disabilities.

28         (3)  RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL

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

30  apply to all persons with developmental disabilities, whether

31  or not such persons are clients of the agency.

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 1         (a)  Persons with developmental disabilities shall have

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

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

 4         (b)  Persons with developmental disabilities shall have

 5  the right to religious freedom and practice. Nothing shall

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

 7  preference and practice.

 8         (c)  Persons with developmental disabilities shall

 9  receive services, within available sources, which protect the

10  personal liberty of the individual and which are provided in

11  the least restrictive conditions necessary to achieve the

12  purpose of treatment.

13         (d)  Persons with developmental disabilities who are

14  developmentally disabled shall have a right to participate in

15  an appropriate program of quality education and training

16  services, within available resources, regardless of

17  chronological age or degree of disability. Such persons may be

18  provided with instruction in sex education, marriage, and

19  family planning.

20         (e)  Persons with developmental disabilities who are

21  developmentally disabled shall have a right to social

22  interaction and to participate in community activities.

23         (f)  Persons with developmental disabilities who are

24  developmentally disabled shall have a right to physical

25  exercise and recreational opportunities.

26         (g)  Persons with developmental disabilities who are

27  developmentally disabled shall have a right to be free from

28  harm, including unnecessary physical, chemical, or mechanical

29  restraint, isolation, excessive medication, abuse, or neglect.

30         (h)  Persons with developmental disabilities who are

31  developmentally disabled shall have a right to consent to or

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 1  refuse treatment, subject to the provisions of s. 393.12(2)(a)

 2  or chapter 744.

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

 4  having a developmental disability, be excluded from

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

 6  to discrimination under, any program or activity which

 7  receives public funds, and all prohibitions set forth under

 8  any other statute shall be actionable under this statute.

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

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

11  in public elections.

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

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

14  include any person served in a facility licensed under

15  pursuant to s. 393.067.

16         (a)  Clients shall have an unrestricted right to

17  communication:

18         1.  Each client is shall be allowed to receive, send,

19  and mail sealed, unopened correspondence. A No client's

20  incoming or outgoing correspondence may not shall be opened,

21  delayed, held, or censored by the facility unless there is

22  reason to believe that it contains items or substances which

23  may be harmful to the client or others, in which case the

24  chief administrator of the facility may direct reasonable

25  examination of such mail and regulate the disposition of such

26  items or substances.

27         2.  Clients in residential facilities shall be afforded

28  reasonable opportunities for telephone communication, to make

29  and receive confidential calls, unless there is reason to

30  believe that the content of the telephone communication may be

31  harmful to the client or others, in which case the chief

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 1  administrator of the facility may direct reasonable

 2  observation and monitoring to the telephone communication.

 3         3.  Clients shall have an unrestricted right to

 4  visitation subject to reasonable rules of the facility.

 5  However, nothing in this provision may not shall be construed

 6  to permit infringement upon other clients' rights to privacy.

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

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

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

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

11  an appropriately approved behavioral program. The chief

12  administrator of the facility may take temporary custody of

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

14  safety reasons. Custody of such personal effects shall be

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

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

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

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

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

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

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

22  that client and may shall not accrue to the general welfare of

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

24  Interest so accrued shall be used or conserved for the

25  personal use or benefit of the individual client as provided

26  in s. 402.17(2).

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

28  accounting shall be made of all personal effects and money

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

30  effects and money, including interest, shall be promptly

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

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 1         (c)  Each client shall receive prompt and appropriate

 2  medical treatment and care for physical and mental ailments

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

 4  treatment shall be consistent with the accepted standards of

 5  medical practice in the community.

 6         1.  Medication shall be administered only at the

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

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

 9  implementation of an individual or family support plan or

10  behavior-analysis services behavior modification programming,

11  or in unnecessary or excessive quantities.

12         2.  Daily notation of medication received by each

13  client in a residential facility shall be kept in the client's

14  record.

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

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

17  facility shall be reviewed by the attending physician or other

18  appropriate monitoring body, consistent with appropriate

19  standards of medical practice. All prescriptions shall have a

20  termination date.

21         4.  When pharmacy services are provided at any

22  residential facility, such services shall be directed or

23  supervised by a professionally competent pharmacist licensed

24  according to the provisions of chapter 465.

25         5.  Pharmacy services shall be delivered in accordance

26  with the provisions of chapter 465.

27         6.  Prior to instituting a plan of experimental medical

28  treatment or carrying out any necessary surgical procedure,

29  express and informed consent shall be obtained from the

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

31  guardian. Information upon which the client shall make

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 1  necessary treatment and surgery decisions shall include, but

 2  not be limited to:

 3         a.  The nature and consequences of such procedures.

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

 5  procedures.

 6         c.  Alternate procedures available.

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

 8  unknown or unlocatable and the physician is unwilling to

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

10  of competent jurisdiction shall hold a hearing to determine

11  the appropriateness of the surgical procedure. The client

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

13  condition precludes such presence, represented by counsel, and

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

15  to cross-examine, all witnesses alleging the appropriateness

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

17  clear and convincing evidence shall be on the party alleging

18  the appropriateness of such procedures. The express and

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

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

21  treatment or surgery.

22         8.  The absence of express and informed consent

23  notwithstanding, a licensed and qualified physician may render

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

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

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

27  delay in initiation of emergency medical care or treatment

28  would endanger the health of the client.

29         (d)  Each client shall have access to individual

30  storage space for his or her private use.

31  

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 1         (e)  Each client shall be provided with appropriate

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

 3  family support plan. Indoor and outdoor facilities and

 4  equipment for such physical exercise shall be provided.

 5         (f)  Each client shall receive humane discipline.

 6         (g)  A No client may not shall be subjected to a

 7  treatment program to eliminate problematic bizarre or unusual

 8  behaviors without first being examined by a physician who in

 9  his or her best judgment determines that such behaviors are

10  not organically caused.

11         1.  Treatment programs involving the use of noxious or

12  painful stimuli are shall be prohibited.

13         2.  All alleged violations of this paragraph shall be

14  reported immediately to the chief administrator administrative

15  officer of the facility and or the district administrator, the

16  agency head, and the Florida local advocacy council. A

17  thorough investigation of each incident shall be conducted and

18  a written report of the finding and results of the such

19  investigation shall be submitted to the chief administrator

20  administrative officer of the facility or the district

21  administrator and to the agency head within 24 hours after of

22  the occurrence or discovery of the incident.

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

24  oversight of behavioral programs. The Such system shall

25  establish guidelines and procedures governing the design,

26  approval, implementation, and monitoring of all behavioral

27  programs involving clients. The system shall ensure statewide

28  and local review by committees of professionals certified as

29  behavior analysts pursuant to s. 393.17. No behavioral program

30  shall be implemented unless reviewed according to the rules

31  established by the agency under this section. Nothing stated

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 1  in this section shall prohibit the review of programs by the

 2  Florida statewide or local advocacy councils.

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

 4  compliance with federal wage and hour laws shall be provided

 5  with minimum wage protection and fair compensation for labor

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

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

 8  the unnecessary use of restraint or seclusion physical,

 9  chemical, or mechanical restraint. Restraints shall be

10  employed only in emergencies or to protect the client or

11  others from imminent injury to himself or herself or others.

12  Restraints may shall not be employed as punishment, for the

13  convenience of staff, or as a substitute for a support

14  habilitative plan. Restraints shall impose the least possible

15  restrictions consistent with their purpose and shall be

16  removed when the emergency ends. Restraints shall not cause

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

18  the greatest possible comfort.

19         1.  Mechanical supports used in normative situations to

20  achieve proper body position and balance shall not be

21  considered restraints, but shall be prescriptively designed

22  and applied under the supervision of a qualified professional

23  with concern for principles of good body alignment,

24  circulation, and allowance for change of position.

25         2.  Totally enclosed cribs and barred enclosures shall

26  be considered restraints.

27         1.3.  Daily reports on the employment of restraint or

28  seclusion physical, chemical, or mechanical restraints by

29  those specialists authorized in the use of such restraints

30  shall be made to the appropriate chief administrator of the

31  facility or program licensed under this chapter, and a monthly

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 1  compilation summary of such reports shall be relayed to the

 2  agency's local area office district administrator and the

 3  Florida local advocacy council. The monthly reports shall

 4  summarize all such cases of restraints, the type used, the

 5  duration of usage, and the reasons therefor. The area offices

 6  Districts shall submit monthly summaries of these districtwide

 7  quarterly reports of these summaries to the agency's central

 8  office state Developmental Disabilities Program Office.

 9         2.4.  The agency shall adopt by rule standards and

10  procedures relating to the use of restraint and seclusion post

11  a copy of the rules adopted under this section in each living

12  unit of residential facilities. Such rules must be consistent

13  with recognized best practices; prohibit inherently dangerous

14  restraint or seclusion procedures; establish limitations on

15  the use and duration of restraint and seclusion; establish

16  measures to ensure the safety of clients and staff during an

17  incident of restraint or seclusion; establish procedures for

18  staff to follow before, during, and after incidents of

19  restraint or seclusion, including individualized plans for the

20  use of restraints or seclusion in emergency situations;

21  establish professional qualifications of and training for

22  staff who may order or be engaged in the use of restraint or

23  seclusion; establish requirements for facility data collection

24  and reporting relating to the use of restraint and seclusion;

25  and establish procedures relating to the documentation of the

26  use of restraint or seclusion in the client's facility or

27  program record. A copy of the rules adopted under this

28  subparagraph section shall be given to the client, parent,

29  guardian or guardian advocate, and all staff members of

30  licensed facilities and programs licensed under this chapter

31  

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 1  and made a part of all staff preservice and inservice training

 2  programs.

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

 4  central record shall be established by the agency at the time

 5  that an individual is determined eligible for services, shall

 6  be maintained by the client's support coordinator, and must

 7  contain information include data pertaining to admission,

 8  diagnosis and treatment history, present condition, and such

 9  other information as may be required under rules of the

10  agency. The central record is the property of the agency.

11         1.2.  Unless waived by the client, if competent, or the

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

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

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

15  it shall be released except:

16         a.  The record may be released to physicians,

17  attorneys, and government agencies having need of the record

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

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

20  incompetent.

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

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

23  excluding matters privileged by other provisions of law.

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

25  a qualified researcher, a staff member of the facility where

26  the client resides, or an employee of the agency when the

27  administrator of the facility or the director of the agency

28  deems it necessary for the treatment of the client,

29  maintenance of adequate records, compilation of treatment

30  data, or evaluation of programs.

31  

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 1         d.  Information from the records may be used for

 2  statistical and research purposes if the information is

 3  abstracted in such a way to protect the identity of

 4  individuals.

 5         3.  All central records for each client in residential

 6  facilities shall be kept on uniform forms distributed by the

 7  agency. The central record shall accurately summarize each

 8  client's history and present condition.

 9         2.4.  The client, if competent, or the client's parent

10  or legal guardian if the client is incompetent, shall be

11  supplied with a copy of the client's central record upon

12  request.

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

14  who is eligible to vote in public elections according to the

15  laws of the state has shall have the right to vote. Facilities

16  operators shall arrange the means to exercise the client's

17  right to vote.

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

19  or abuses any rights or privileges of persons with

20  developmental disabilities who are developmentally disabled

21  provided by this chapter is act shall be liable for damages as

22  determined by law. Any person who acts in good faith

23  compliance with the provisions of this chapter is act shall be

24  immune from civil or criminal liability for actions in

25  connection with evaluation, admission, habilitative

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

27  However, this section does shall not relieve any person from

28  liability if the such person is guilty of negligence,

29  misfeasance, nonfeasance, or malfeasance.

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

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

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 1  such person if the person is incompetent, shall promptly

 2  receive from the agency or the Department of Education a

 3  written copy of this act. Each person with developmental

 4  disabilities able to comprehend shall be promptly informed, in

 5  the language or other mode of communication which such person

 6  understands, of the above legal rights of persons with

 7  developmental disabilities.

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

 9  providing services to clients who are desirous and capable of

10  participating shall initiate and develop a program of resident

11  government to hear the views and represent the interests of

12  all clients served by the facility. The resident government

13  shall be composed of residents elected by other residents,

14  staff advisers skilled in the administration of community

15  organizations, and, at the option of the resident government,

16  representatives of advocacy groups for persons with

17  developmental disabilities from the community a representative

18  of the Florida local advocacy council. The resident government

19  shall work closely with the Florida local advocacy council and

20  the district administrator to promote the interests and

21  welfare of all residents in the facility.

22         Section 30.  Subsections (1), (2), (3), (4), and (5) of

23  section 393.135, Florida Statutes, are amended to read:

24         393.135  Sexual misconduct prohibited; reporting

25  required; penalties.--

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

27         (a)  "Covered person" "Employee" includes any employee,

28  paid staff member, volunteer, or intern of the agency or the

29  department; any person under contract with the agency or the

30  department; and any person providing care or support to a

31  client on behalf of the agency department or its providers.

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 1         (b)  "Sexual activity" means:

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

 3  buttocks, or breasts of a person.

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

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

 6  penetration of another by any other object.

 7         3.  Intentionally touching in a lewd or lascivious

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

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

10  enticing a person to touch the perpetrator.

11         4.  Intentionally masturbating in the presence of

12  another person.

13         5.  Intentionally exposing the genitals in a lewd or

14  lascivious manner in the presence of another person.

15         6.  Intentionally committing any other sexual act that

16  does not involve actual physical or sexual contact with the

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

18  sexual bestiality, or the simulation of any act involving

19  sexual activity in the presence of a victim.

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

21  between a covered person an employee and a client to whom a

22  covered person renders services, care, or support on behalf of

23  the agency or its providers, or between a covered person and

24  another client who lives in the same home as the client to

25  whom a covered person is rendering the services, care, or

26  support, regardless of the consent of the client. The term

27  does not include an act done for a bona fide medical purpose

28  or an internal search conducted in the lawful performance of

29  duty by a covered person an employee.

30  

31  

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 1         (2)  A covered person An employee who engages in sexual

 2  misconduct with an individual with a developmental disability

 3  who:

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

 5         (a)(b)  Resides in a residential facility, including

 6  any comprehensive transitional education program,

 7  developmental disabilities services institution, foster care

 8  facility, group home facility, intermediate care facility for

 9  the developmentally disabled, or residential habilitation

10  center; or

11         (b)(c)  Is eligible to receive Receives services from

12  the agency under this chapter a family care program,

13  

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

15  in s. 775.082, s. 775.083, or s. 775.084. A covered person An

16  employee may be found guilty of violating this subsection

17  without having committed the crime of sexual battery.

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

19  not a defense to prosecution under this section.

20         (4)  This section does not apply to a covered person an

21  employee who:

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

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

24  the employee engaged in sexual misconduct is a client

25  receiving services as described in subsection (2).

26         (5)  A covered person An employee who witnesses sexual

27  misconduct, or who otherwise knows or has reasonable cause to

28  suspect that a person has engaged in sexual misconduct, shall

29  immediately report the incident to the department's central

30  abuse hotline of the Department of Children and Family

31  Services and to the appropriate local law enforcement agency.

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 1  The covered person Such employee shall also prepare, date, and

 2  sign an independent report that specifically describes the

 3  nature of the sexual misconduct, the location and time of the

 4  incident, and the persons involved. The covered person

 5  employee shall deliver the report to the supervisor or program

 6  director, who is responsible for providing copies to the

 7  agency's local office and the agency's department's inspector

 8  general. The inspector general shall immediately conduct an

 9  appropriate administrative investigation, and, if there is

10  probable cause to believe that sexual misconduct has occurred,

11  the inspector general shall notify the state attorney in the

12  circuit in which the incident occurred.

13         Section 31.  Section 393.15, Florida Statutes, is

14  amended to read:

15         393.15  Legislative intent; Community Resources

16  Development Loan Program Trust Fund.--

17         (1)  The Legislature finds and declares that the

18  development of community-based treatment facilities for

19  persons with developmental disabilities who are

20  developmentally disabled is desirable and recommended and

21  should be encouraged and fostered by the state. The

22  Legislature further recognizes that the development of such

23  facilities is financially difficult for private individuals,

24  due to initial expenditures required to adapt existing

25  structures to the special needs of such persons who are

26  developmentally disabled who may be served in community-based

27  foster care, group home, developmental training, and supported

28  employment programs. Therefore, it is the intent of the

29  Legislature intends that the agency by this act to develop and

30  administer a loan program trust fund to provide support and

31  encouragement in the establishment of community-based foster

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 1  care, group home, developmental training, and supported

 2  employment programs for persons with developmental

 3  disabilities who are developmentally disabled.

 4         (2)  As used in this section, a foster care, group

 5  home, developmental training, or supported employment program

 6  may not be a for-profit corporation, but may be a nonprofit

 7  corporation, partnership, or sole proprietorship.

 8         (2)(3)  There is created a Community Resources

 9  Development Loan Program in Trust Fund in the State Treasury

10  to be used by the agency for the purpose of granting loans to

11  eligible programs for the initial costs of development of the

12  programs. In order to be eligible for the program, a foster

13  home, group home, or supported employment program must:

14         (a)  Serve persons with developmental disabilities;

15         (b)  Be a nonprofit corporation, partnership, or sole

16  proprietorship; and

17         (c)  Be Loans shall be made only to those facilities

18  which are in compliance with the zoning regulations of the

19  local community.

20         (3)  Loans may be made to pay for the costs of

21  development and may include structural modification, the

22  purchase of equipment and fire and safety devices,

23  preoperational staff training, and the purchase of insurance.

24  Such costs may shall not include the actual construction of a

25  facility and may not be in lieu of payment for maintenance,

26  client services, or care provided.

27         (4)  The agency may grant to an eligible program a

28  lump-sum loan in one payment not to exceed the cost to the

29  program of providing 2 months' services, care, or maintenance

30  to each person with developmental disabilities who is

31  developmentally disabled to be placed in the program by the

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 1  agency, or the actual cost of firesafety renovations to a

 2  facility required by the state, whichever is greater. Loans

 3  granted to programs shall not be in lieu of payment for

 4  maintenance, services, or care provided, but shall stand

 5  separate and distinct.

 6         (5)  The agency shall adopt rules, as provided in

 7  chapter 120, to determine the criteria standards under which a

 8  program shall be eligible to receive a loan as provided in

 9  this section and the methodology criteria for the equitable

10  allocation of loan trust funds when eligible applications

11  exceed the funds available.

12         (6)(5)  Any loan granted by the agency under this

13  section shall be repaid by the program within 5 years and the

14  amount paid shall be deposited into the agency's

15  Administrative Trust Fund. Moneys repaid shall be used to fund

16  new loans. A program that operates as a nonprofit corporation

17  meeting the requirements of s. 501(c)(3) of the Internal

18  Revenue Code, and that seeks forgiveness of its loan shall

19  submit to the agency an annual a statement setting forth the

20  service it has provided during the year together with such

21  other information as the agency by rule shall require, and,

22  upon approval of each such annual statement, the agency may

23  shall forgive up to 20 percent of the principal of any such

24  loan granted after June 30, 1975.

25         (7)(6)  If any program that has received a loan under

26  this section ceases to accept, or provide care, services, or

27  maintenance to persons placed in the program by the

28  department, or if such program files papers of bankruptcy, at

29  that point in time the loan shall become an interest-bearing

30  loan at the rate of 5 percent per annum on the entire amount

31  of the initial loan which shall be repaid within a 1-year

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 1  period from the date on which the program ceases to provide

 2  care, services, or maintenance, or files papers in bankruptcy,

 3  and the amount of the loan due plus interest shall constitute

 4  a lien in favor of the state against all real and personal

 5  property of the program. The lien shall be perfected by the

 6  appropriate officer of the agency by executing and

 7  acknowledging a statement of the name of the program and the

 8  amount due on the loan and a copy of the promissory note,

 9  which shall be recorded by the agency with the clerk of the

10  circuit court in the county wherein the program is located. If

11  the program has filed a petition for bankruptcy, the agency

12  shall file and enforce the lien in the bankruptcy proceedings.

13  Otherwise, the lien shall be enforced in the manner provided

14  in s. 85.011. All funds received by the agency from the

15  enforcement of the lien shall be deposited in the agency's

16  Administrative Community Resources Development Trust Fund and

17  used to fund new loans.

18         Section 32.  Section 393.17, Florida Statutes, is

19  amended to read:

20         393.17  Behavioral programs; certification of behavior

21  analysts.--

22         (1)  The agency may establish a certification process

23  for behavior analysts in order to ensure that only qualified

24  employees and service providers provide behavioral analysis

25  services to clients. The procedures must be established by

26  rule and must include criteria for scope of practice,

27  qualifications for certification, including training and

28  testing requirements, continuing education requirements for

29  ongoing certification, and standards of performance. The

30  procedures must also include decertification procedures that

31  may be used to determine whether an individual continues to

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 1  meet the qualifications for certification or the professional

 2  performance standards and, if not, the procedures necessary to

 3  decertify an employee or service provider.

 4         (2)  The agency shall may recognize the certification

 5  of behavior analysts awarded by a nonprofit corporation that

 6  adheres to the national standards of boards that determine

 7  professional credentials and whose mission is to meet

 8  professional credentialing needs identified by behavior

 9  analysts, state governments, and consumers of behavior

10  analysis services and whose work has the support of the

11  Association for Behavior Analysis International. The

12  certification procedure recognized by the agency must undergo

13  regular psychometric review and validation, pursuant to a job

14  analysis survey of the profession and standards established by

15  content experts in the field.

16         Section 33.  Section 393.18, Florida Statutes, is

17  created to read:

18         393.18  Comprehensive transitional education

19  program.--A comprehensive transition education program is a

20  group of jointly operating centers or units, the collective

21  purpose of which is to provide a sequential series of

22  educational care, training, treatment, habilitation, and

23  rehabilitation services to persons who have developmental

24  disabilities and who have severe or moderate maladaptive

25  behaviors. However, this section does not require such

26  programs to provide services only to persons with

27  developmental disabilities. All such services shall be

28  temporary in nature and delivered in a structured residential

29  setting, having the primary goal of incorporating the

30  principle of self-determination in establishing permanent

31  residence for persons with maladaptive behaviors in facilities

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 1  that are not associated with the comprehensive transitional

 2  education program. The staff shall include behavior analysts

 3  and teachers, as appropriate, who shall be available to

 4  provide services in each component center or unit of the

 5  program. A behavior analyst must be certified pursuant to s.

 6  393.17.

 7         (1)  Comprehensive transitional education programs

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

 9  of which shall be an intensive treatment and educational

10  center or a transitional training and educational center,

11  which provides services to persons with maladaptive behaviors

12  in the following sequential order:

13         (a)  Intensive treatment and educational center.--This

14  component is a self-contained residential unit providing

15  intensive behavioral and educational programming for persons

16  with severe maladaptive behaviors whose behaviors preclude

17  placement in a less-restrictive environment due to the threat

18  of danger or injury to themselves or others. Continuous-shift

19  staff shall be required for this component.

20         (b)  Transitional training and educational

21  center.--This component is a residential unit for persons with

22  moderate maladaptive behaviors providing concentrated

23  psychological and educational programming that emphasizes a

24  transition toward a less-restrictive environment.

25  Continuous-shift staff shall be required for this component.

26         (c)  Community transition residence.--This component is

27  a residential center providing educational programs and any

28  support services, training, and care that are needed to assist

29  persons with maladaptive behaviors to avoid regression to more

30  restrictive environments while preparing them for more

31  

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 1  independent living. Continuous-shift staff shall be required

 2  for this component.

 3         (d)  Alternative living center.--This component is a

 4  residential unit providing an educational and family living

 5  environment for persons with maladaptive behaviors in a

 6  moderately unrestricted setting. Residential staff shall be

 7  required for this component.

 8         (e)  Independent living education center.--This

 9  component is a facility providing a family living environment

10  for persons with maladaptive behaviors in a largely

11  unrestricted setting and includes education and monitoring

12  that is appropriate to support the development of independent

13  living skills.

14         (2)  Components of a comprehensive transitional

15  education program are subject to the license issued under s.

16  393.067 to a comprehensive transitional education program and

17  may be located on a single site or multiple sites.

18         (3)  Comprehensive transitional education programs

19  shall develop individual education plans for each person with

20  maladaptive behaviors who receives services from the program.

21  Each individual education plan shall be developed in

22  accordance with the criteria specified in 20 U.S.C. ss. 401 et

23  seq., and 34 C.F.R. part 300.

24         (4)  The total number of persons with maladaptive

25  behaviors who are being provided with services in a

26  comprehensive transitional education program may not in any

27  instance exceed 120 residents.

28         (5)  This section shall authorize licensure for

29  comprehensive transitional education programs which by July 1,

30  1989:

31         (a)  Were in actual operation; or

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 1         (b)  Owned a fee simple interest in real property for

 2  which a county or city government has approved zoning allowing

 3  for the placement of the facilities described in this

 4  subsection, and have registered an intent with the agency to

 5  operate a comprehensive transitional education program.

 6  However, nothing shall prohibit the assignment by such a

 7  registrant to another entity at a different site within the

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

 9  this program and local zoning requirements and provided that

10  each residential facility within the component centers or

11  units of the program authorized under this subparagraph does

12  not exceed a capacity of 15 persons.

13         Section 34.  Section 393.23, Florida Statutes, is

14  created to read:

15         393.23  Developmental disabilities institutions; trust

16  accounts.--All receipts from the operation of canteens,

17  vending machines, hobby shops, sheltered workshops, activity

18  centers, farming projects, and other like activities operated

19  in a developmental disabilities institution, and moneys

20  donated to the institution, must be deposited in a trust

21  account in any bank, credit union, or savings and loan

22  association authorized by the State Treasury as a qualified

23  depositor to do business in this state, if the moneys are

24  available on demand.

25         (1)  Moneys in the trust account must be expended for

26  the benefit, education, and welfare of clients. However, if

27  specified, moneys that are donated to the institution must be

28  expended in accordance with the intentions of the donor. Trust

29  account money may not be used for the benefit of employees of

30  the agency, or to pay the wages of such employees. The welfare

31  of the clients includes the expenditure of funds for the

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 1  purchase of items for resale at canteens or vending machines,

 2  and for the establishment of, maintenance of, and operation of

 3  canteens, hobby shops, recreational or entertainment

 4  facilities, sheltered workshops, activity centers, farming

 5  projects, or other like facilities or programs established at

 6  the institutions for the benefit of clients.

 7         (2)  The institution may invest, in the manner

 8  authorized by law for fiduciaries, any money in a trust

 9  account which is not necessary for immediate use. The interest

10  earned and other increments derived from the investments of

11  the money must be deposited into the trust account for the

12  benefit of clients.

13         (3)  The accounting system of an institution must

14  account separately for revenues and expenses for each

15  activity. The institution shall reconcile the trust account to

16  the institution's accounting system and check registers and to

17  the accounting system of the Chief Financial Officer.

18         (4)  All sales taxes collected by the institution as a

19  result of sales shall be deposited into the trust account and

20  remitted to the Department of Revenue.

21         (5)  Funds shall be expended in accordance with

22  requirements and guidelines established by the Chief Financial

23  Officer.

24         Section 35.  Section 393.501, Florida Statutes, is

25  amended to read:

26         393.501  Rulemaking.--

27         (1)  The agency may shall adopt rules pursuant to ss.

28  120.536(1) and 120.54 to carry out its statutory duties the

29  provisions of this chapter.

30         (2)  Such rules shall address the number of facilities

31  on a single lot parcel or on adjacent lots parcels of land,

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 1  and in addition, for ICF/MR, the rate and location of facility

 2  development and level of care. In adopting rules, an

 3  alternative living center and an independent living education

 4  center, as described in s. 393.18, shall be subject to the

 5  provisions of s. 419.001, except that such centers shall be

 6  exempt from the 1,000-foot-radius requirement of s. 419.001(2)

 7  if:

 8         (a)  The centers are located on a site zoned in a

 9  manner that permits all the components of a comprehensive

10  transition education center to be located on the site; or

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

12  radius of 1,000 feet.

13         Section 36.  Section 394.453, Florida Statutes, is

14  amended to read:

15         394.453  Legislative intent.--It is the intent of the

16  Legislature to authorize and direct the Department of Children

17  and Family Services to evaluate, research, plan, and recommend

18  to the Governor and the Legislature programs designed to

19  reduce the occurrence, severity, duration, and disabling

20  aspects of mental, emotional, and behavioral disorders. It is

21  the intent of the Legislature that treatment programs for such

22  disorders shall include, but not be limited to, comprehensive

23  health, social, educational, and rehabilitative services to

24  persons requiring intensive short-term and continued treatment

25  in order to encourage them to assume responsibility for their

26  treatment and recovery. It is intended that such persons be

27  provided with emergency service and temporary detention for

28  evaluation when required; that they be admitted to treatment

29  facilities on a voluntary basis when extended or continuing

30  care is needed and unavailable in the community; that

31  involuntary placement be provided only when expert evaluation

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 1  determines that it is necessary; that any involuntary

 2  treatment or examination be accomplished in a setting which is

 3  clinically appropriate and most likely to facilitate the

 4  person's return to the community as soon as possible; and that

 5  individual dignity and human rights be guaranteed to all

 6  persons who are admitted to mental health facilities or who

 7  are being held under s. 394.463. It is the further intent of

 8  the Legislature that the least restrictive means of

 9  intervention be employed based on the individual needs of each

10  person, within the scope of available services. It is the

11  policy of this state that the use of restraint and seclusion

12  on clients is justified only as an emergency safety measure to

13  be used in response to imminent danger to the client or

14  others. It is, therefore, the intent of the Legislature to

15  achieve an ongoing reduction in the use of restraint and

16  seclusion in programs and facilities serving persons with

17  mental illness.

18         Section 37.  Present subsections (28) through (33) of

19  section 394.455, Florida Statutes, are redesignated as

20  subsections (30) through (35), respectively, and new

21  subsections (28) and (29) are added to that section, to read:

22         394.455  Definitions.--As used in this part, unless the

23  context clearly requires otherwise, the term:

24         (28)(a)  "Restraint" means a physical device, method,

25  or drug used to control behavior. A physical restraint is any

26  manual method or physical or mechanical device, material, or

27  equipment attached or adjacent to the individual's body so

28  that he or she cannot easily remove the restraint and which

29  restricts freedom of movement or normal access to one's body.

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

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

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 1  freedom of movement and not part of the standard treatment

 2  regimen of the person with a diagnosed mental illness who is a

 3  client of the department. Physically holding a person during a

 4  procedure to forcibly administer psychotropic medication is a

 5  physical restraint.

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

 7  as orthopedically prescribed appliances, surgical dressings

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

 9  when necessary for routine physical examinations and tests; or

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

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

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

13  protect a person from falling out of bed.

14         (29)  "Seclusion" means the physical segregation of a

15  person in any fashion or involuntary isolation of a person in

16  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 chapter, the term does not mean

21  isolation due to a person's medical condition or symptoms.

22         Section 38.  Paragraph (b) of subsection (5) of section

23  394.457, Florida Statutes, is amended to read:

24         394.457  Operation and administration.--

25         (5)  RULES.--

26         (b)  The department shall adopt rules necessary for the

27  implementation and administration of the provisions of this

28  part, and a program subject to the provisions of this part

29  shall not be permitted to operate unless rules designed to

30  ensure the protection of the health, safety, and welfare of

31  the patients treated through such program have been adopted.

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 1  Rules adopted under this subsection must include provisions

 2  governing the use of restraint and seclusion which are

 3  consistent with recognized best practices and professional

 4  judgment; prohibit inherently dangerous restraint or seclusion

 5  procedures; establish limitations on the use and duration of

 6  restraint and seclusion; establish measures to ensure the

 7  safety of program participants and staff during an incident of

 8  restraint or seclusion; establish procedures for staff to

 9  follow before, during, and after incidents of restraint or

10  seclusion; establish professional qualifications of and

11  training for staff who may order or be engaged in the use of

12  restraint or seclusion; and establish mandatory reporting,

13  data collection, and data dissemination procedures and

14  requirements. Rules adopted under this subsection must require

15  that each instance of the use of restraint or seclusion be

16  documented in the record of the patient.

17         Section 39.  Paragraph (g) is added to subsection (1)

18  of section 394.879, Florida Statutes, to read:

19         394.879  Rules; enforcement.--

20         (1)  The department, in consultation with the agency,

21  shall adopt rules pursuant to ss. 120.536(1) and 120.54 to

22  implement the provisions of this chapter, including, at a

23  minimum, rules providing standards to ensure that:

24         (g)  The use of restraint and seclusion is consistent

25  with recognized best practices and professional judgment; that

26  inherently dangerous restraint or seclusion procedures are

27  prohibited; that limitations are established on the use and

28  duration of restraint and seclusion; that measures are

29  established to ensure the safety of program participants and

30  staff during an incident of restraint or seclusion; that

31  procedures are created for staff to follow before, during, and

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 1  after incidents of restraint or seclusion; that professional

 2  qualifications and training are established for staff who may

 3  order or be engaged in the use of restraint or seclusion; and

 4  that mandatory reporting, data collection, and data

 5  dissemination procedures and requirements are instituted.

 6  Rules adopted under this section must require that any

 7  instance of the use of restraint or seclusion shall be

 8  documented in the record of the client.

 9         Section 40.  Subsection (9) of section 397.405, Florida

10  Statutes, is amended to read:

11         397.405  Exemptions from licensure.--The following are

12  exempt from the licensing provisions of this chapter:

13         (9)  Facilities licensed under chapter 393 which s.

14  393.063 that, in addition to providing services to persons

15  with developmental disabilities who are developmentally

16  disabled as defined therein, also provide services to persons

17  developmentally at risk as a consequence of exposure to

18  alcohol or other legal or illegal drugs while in utero.

19  

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

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

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

23  defined in this chapter or to any substance abuse program

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

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

26  licensed under chapter 458 or chapter 459, a psychologist

27  licensed under chapter 490, or a psychotherapist licensed

28  under chapter 491 who provides substance abuse treatment, so

29  long as the physician, psychologist, or psychotherapist does

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

31  service provider and does not provide services to clients

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

 2  requirement necessary to maintain an exempt status under this

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

 4  provided in s. 775.082 or s. 775.083.

 5         Section 41.  Subsection (13) of section 400.419,

 6  Florida Statutes, is amended to read:

 7         400.419  Violations; imposition of administrative

 8  fines; grounds.--

 9         (13)  The agency shall develop and disseminate an

10  annual list of all facilities sanctioned or fined $5,000 or

11  more for violations of state standards, the number and class

12  of violations involved, the penalties imposed, and the current

13  status of cases. The list shall be disseminated, at no charge,

14  to the Department of Elderly Affairs, the Department of

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

16  Agency for Persons with Disabilities, the area agencies on

17  aging, the Florida Statewide Advocacy Council, and the state

18  and local ombudsman councils. The Department of Children and

19  Family Services shall disseminate the list to service

20  providers under contract to the department who are responsible

21  for referring persons to a facility for residency. The agency

22  may charge a fee commensurate with the cost of printing and

23  postage to other interested parties requesting a copy of this

24  list.

25         Section 42.  Section 400.960, Florida Statutes, is

26  amended to read:

27         400.960  Definitions.--As used in this part, the term:

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

29  by an interdisciplinary team which are necessary to maximize a

30  client's individual independence or prevent regression or loss

31  of functional status.

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 1         (2)  "Agency" means the Agency for Health Care

 2  Administration.

 3         (3)  "Autism" has the same meaning as in s. 393.063.

 4  means a pervasive, neurologically based developmental

 5  disability of extended duration which causes severe learning,

 6  communication, and behavior disorders with age of onset during

 7  infancy or childhood. Individuals with autism exhibit

 8  impairment in reciprocal social interaction, impairment in

 9  verbal and nonverbal communication and imaginative ability,

10  and a markedly restricted repertoire of activities and

11  interests.

12         (4)  "Cerebral palsy" has the same meaning as in s.

13  393.063. means a group of disabling symptoms of extended

14  duration which results from damage to the developing brain

15  occurring before, during, or after birth and resulting in the

16  loss or impairment of control over voluntary muscles. The term

17  does not include those symptoms or impairments resulting

18  solely from a stroke.

19         (5)  "Client" means any person determined by the Agency

20  for Persons with Disabilities department to be eligible for

21  developmental services.

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

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

24  for the best interests of the client in any proceedings under

25  this part in which the client or his or her family has the

26  right or duty to participate.

27         (7)  "Department" means the Department of Children and

28  Family Services.

29         (6)(8)  "Developmental disability" has the same meaning

30  as in s. 393.063 means a disorder or syndrome that is

31  attributable to retardation, cerebral palsy, autism, spina

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 1  bifida, or Prader-Willi syndrome and that constitutes a

 2  substantial handicap that can reasonably be expected to

 3  continue indefinitely.

 4         (7)(9)  "Direct service provider" means a person 18

 5  years of age or older who has direct contact with individuals

 6  with developmental disabilities and who is unrelated to the

 7  individuals with developmental disabilities.

 8         (10)  "Epilepsy" means a chronic brain disorder of

 9  various causes which is characterized by recurrent seizures

10  due to excessive discharge of cerebral neurons. When found

11  concurrently with retardation, autism, or cerebral palsy,

12  epilepsy is considered a secondary disability for which the

13  client is eligible to receive services to ameliorate this

14  condition according to the provisions of this part.

15         (11)  "Guardian advocate" means a person appointed by

16  the circuit court to represent a person with developmental

17  disabilities in any proceedings brought pursuant to s. 393.12,

18  and is distinct from a guardian advocate for mentally ill

19  persons under chapter 394.

20         (8)(12)  "Intermediate care facility for the

21  developmentally disabled" means a residential facility

22  licensed and certified in accordance with state law, and

23  certified by the Federal Government, pursuant to the Social

24  Security Act, as a provider of Medicaid services to persons

25  with developmental disabilities who are developmentally

26  disabled.

27         (9)(13)  "Prader-Willi syndrome" has the same meaning

28  as in s. 393.063. means an inherited condition typified by

29  neonatal hypotonia with failure to thrive, hyperphagia, or an

30  excessive drive to eat which leads to obesity, usually at 18

31  to 36 months of age, mild to moderate retardation,

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 1  hypogonadism, short stature, mild facial dysmorphism, and a

 2  characteristic neurobehavior.

 3         (10)(a)  "Restraint" means a physical device, method,

 4  or drug used to control behavior. A physical restraint is any

 5  manual method or physical or mechanical device, material, or

 6  equipment attached or adjacent to the individual's body so

 7  that he or she cannot easily remove the restraint and which

 8  restricts freedom of movement or normal access to one's body.

 9         (b)  A drug used as a restraint is a medication used to

10  control the person's behavior or to restrict his or her

11  freedom of movement. Physically holding a person during a

12  procedure to forcibly administer psychotropic medication is a

13  physical restraint.

14         (c)  Restraint does not include physical devices, such

15  as orthopedically prescribed appliances, surgical dressings

16  and bandages, supportive body bands, or other physical holding

17  when necessary for routine physical examinations and tests;

18  for purposes of orthopedic, surgical, or other similar medical

19  treatment; when used to provide support for the achievement of

20  functional body position or proper balance; or when used to

21  protect a person from falling out of bed.

22         (11)(14)  "Retardation" has the same meaning as in s.

23  393.063. means significantly subaverage general intellectual

24  functioning existing concurrently with deficits in adaptive

25  behavior and manifested during the period from conception to

26  age 18. "Significantly subaverage general intellectual

27  functioning," for the purpose of this definition, means

28  performance that is two or more standard deviations from the

29  mean score on a standardized intelligence test specified in

30  rules of the department. "Deficits in adaptive behavior," for

31  the purpose of this definition, means deficits in the

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 1  effectiveness or degree with which an individual meets the

 2  standards of personal independence and social responsibility

 3  expected of his or her age, cultural group, and community.

 4         (12)  "Seclusion" means the physical segregation of a

 5  person in any fashion or the involuntary isolation of a person

 6  in a room or area from which the person is prevented from

 7  leaving. The prevention may be by physical barrier or by a

 8  staff member who is acting in a manner, or who is physically

 9  situated, so as to prevent the person from leaving the room or

10  area. For purposes of this part, the term does not mean

11  isolation due to a person's medical condition or symptoms.

12         (13)(15)  "Spina bifida" has the same meaning as in s.

13  393.063 means a medical diagnosis of spina bifida cystica or

14  myelomeningocele.

15         Section 43.  Subsection (12) is added to section

16  400.962, Florida Statutes, to read:

17         400.962  License required; license application.--

18         (12)  The applicant must agree to provide or arrange

19  for active treatment services by an interdisciplinary team to

20  maximize individual independence or prevent regression or loss

21  of functional status. Standards for active treatment shall be

22  adopted by the Agency for Health Care Administration by rule

23  pursuant to ss. 120.536(1) and 120.54. Active treatment

24  services shall be provided in accordance with the individual

25  support plan and shall be reimbursed as part of the per diem

26  rate as paid under the Medicaid program.

27         Section 44.  Subsection (2) of section 400.967, Florida

28  Statutes, is amended to read:

29         400.967  Rules and classification of deficiencies.--

30         (2)  Pursuant to the intention of the Legislature, the

31  agency, in consultation with the Agency for Persons with

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 1  Disabilities Department of Children and Family Services and

 2  the Department of Elderly Affairs, shall adopt and enforce

 3  rules to administer this part, which shall include reasonable

 4  and fair criteria governing:

 5         (a)  The location and construction of the facility;

 6  including fire and life safety, plumbing, heating, cooling,

 7  lighting, ventilation, and other housing conditions that will

 8  ensure the health, safety, and comfort of residents. The

 9  agency shall establish standards for facilities and equipment

10  to increase the extent to which new facilities and a new wing

11  or floor added to an existing facility after July 1, 2000, are

12  structurally capable of serving as shelters only for

13  residents, staff, and families of residents and staff, and

14  equipped to be self-supporting during and immediately

15  following disasters. The Agency for Health Care Administration

16  shall work with facilities licensed under this part and report

17  to the Governor and the Legislature by April 1, 2000, its

18  recommendations for cost-effective renovation standards to be

19  applied to existing facilities. In making such rules, the

20  agency shall be guided by criteria recommended by nationally

21  recognized, reputable professional groups and associations

22  having knowledge concerning such subject matters. The agency

23  shall update or revise such criteria as the need arises. All

24  facilities must comply with those lifesafety code requirements

25  and building code standards applicable at the time of approval

26  of their construction plans. The agency may require

27  alterations to a building if it determines that an existing

28  condition constitutes a distinct hazard to life, health, or

29  safety. The agency shall adopt fair and reasonable rules

30  setting forth conditions under which existing facilities

31  undergoing additions, alterations, conversions, renovations,

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 1  or repairs are required to comply with the most recent updated

 2  or revised standards.

 3         (b)  The number and qualifications of all personnel,

 4  including management, medical nursing, and other personnel,

 5  having responsibility for any part of the care given to

 6  residents.

 7         (c)  All sanitary conditions within the facility and

 8  its surroundings, including water supply, sewage disposal,

 9  food handling, and general hygiene, which will ensure the

10  health and comfort of residents.

11         (d)  The equipment essential to the health and welfare

12  of the residents.

13         (e)  A uniform accounting system.

14         (f)  The care, treatment, and maintenance of residents

15  and measurement of the quality and adequacy thereof.

16         (g)  The preparation and annual update of a

17  comprehensive emergency management plan. The agency shall

18  adopt rules establishing minimum criteria for the plan after

19  consultation with the Department of Community Affairs. At a

20  minimum, the rules must provide for plan components that

21  address emergency evacuation transportation; adequate

22  sheltering arrangements; postdisaster activities, including

23  emergency power, food, and water; postdisaster transportation;

24  supplies; staffing; emergency equipment; individual

25  identification of residents and transfer of records; and

26  responding to family inquiries. The comprehensive emergency

27  management plan is subject to review and approval by the local

28  emergency management agency. During its review, the local

29  emergency management agency shall ensure that the following

30  agencies, at a minimum, are given the opportunity to review

31  the plan: the Department of Elderly Affairs, the Agency for

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 1  Persons with Disabilities Department of Children and Family

 2  Services, the Agency for Health Care Administration, and the

 3  Department of Community Affairs. Also, appropriate volunteer

 4  organizations must be given the opportunity to review the

 5  plan. The local emergency management agency shall complete its

 6  review within 60 days and either approve the plan or advise

 7  the facility of necessary revisions.

 8         (h)  The posting of licenses. Each licensee shall post

 9  its license in a prominent place that is in clear and

10  unobstructed public view at or near the place where residents

11  are being admitted to the facility.

12         (i)  The use of restraint and seclusion. Such rules

13  must be consistent with recognized best practices; prohibit

14  inherently dangerous restraint or seclusion procedures;

15  establish limitations on the use and duration of restraint and

16  seclusion; establish measures to ensure the safety of clients

17  and staff during an incident of restraint or seclusion;

18  establish procedures for staff to follow before, during, and

19  after incidents of restraint or seclusion, including

20  individualized plans for the use of restraints or seclusion in

21  emergency situations; establish professional qualifications of

22  and training for staff who may order or be engaged in the use

23  of restraint or seclusion; establish requirements for facility

24  data collection and reporting relating to the use of restraint

25  and seclusion; and establish procedures relating to the

26  documentation of the use of restraint or seclusion in the

27  client's facility or program record.

28         Section 45.  Section 402.115, Florida Statutes, is

29  amended to read:

30         402.115  Sharing confidential or exempt

31  information.--Notwithstanding any other provision of law to

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 1  the contrary, the Department of Health, and the Department of

 2  Children and Family Services, and the Agency for Persons with

 3  Disabilities may share confidential information or information

 4  exempt from disclosure under chapter 119 on any individual who

 5  is or has been the subject of a program within the

 6  jurisdiction of each agency. Information so exchanged remains

 7  confidential or exempt as provided by law.

 8         Section 46.  Section 402.17, Florida Statutes, is

 9  amended to read:

10         402.17  Claims for care and maintenance; trust

11  property.--The Department of Children and Family Services and

12  the Agency for Persons with Disabilities shall protect the

13  financial interest of the state with respect to claims that

14  which the state may have for the care and maintenance of

15  clients of the department or agency. The department or agency

16  shall, as trustee, hold in trust and administer money of

17  clients and property designated for the personal benefit of

18  clients. The department or agency shall act as trustee of

19  clients' money and property entrusted to it in accordance with

20  the usual fiduciary standards applicable generally to

21  trustees, and shall act to protect both the short-term and

22  long-term interests of the clients for whose benefit it is

23  holding such money and property.

24         (1)  CLAIMS FOR CARE AND MAINTENANCE.--

25         (a)  The department or agency shall perform the

26  following acts:

27         1.  Receive and supervise the collection of sums due

28  the state.

29         2.  Bring any court action necessary to collect any

30  claim the state may have against any client, former client,

31  guardian of any client or former client, executor or

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 1  administrator of the client's estate, or any person against

 2  whom any client or former client may have a claim.

 3         3.  Obtain a copy of any inventory or appraisal of the

 4  client's property filed with any court.

 5         4.  Obtain from the department's Economic

 6  Self-Sufficiency Services Program Office a financial status

 7  report on any client or former client, including the ability

 8  of third parties responsible for such client to pay all or

 9  part of the cost of the client's care and maintenance.

10         5.  Petition the court for appointment of a guardian or

11  administrator for an otherwise unrepresented client or former

12  client should the financial status report or other information

13  indicate the need for such action. The cost of any such action

14  shall be charged against the assets or estate of the client.

15         6.  Represent the interest of the state in any

16  litigation in which a client or former client is a party.

17         7.  File claims with any person, firm, or corporation

18  or with any federal, state, county, district, or municipal

19  agency on behalf of an unrepresented client.

20         8.  Represent the state in the settlement of the

21  estates of deceased clients or in the settlement of estates in

22  which a client or a former client against whom the state may

23  have a claim has a financial interest.

24         9.  Establish procedures by rule for the use of amounts

25  held in trust for the client to pay for the cost of care and

26  maintenance, if such amounts would otherwise cause the client

27  to become ineligible for services which are in the client's

28  best interests.

29         (b)  The department or agency of Children and Family

30  Services may charge off accounts if it certifies that the

31  accounts are uncollectible after diligent efforts have been

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 1  made to collect them. If the department certifies an account

 2  to the Department of Financial Services, setting forth the

 3  circumstances upon which it predicates the uncollectibility,

 4  and if, pursuant to s. 17.04, the Department of Financial

 5  Services concurs, the account shall be charged off.

 6         (2)  MONEY OR OTHER PROPERTY RECEIVED FOR PERSONAL USE

 7  OR BENEFIT OF ANY CLIENT.--The department or agency shall

 8  perform the following acts:

 9         (a)  Accept and administer in trust, as a trustee

10  having a fiduciary responsibility to a client of the

11  department, any money or other property received for personal

12  use or benefit of that client. In the case of children in the

13  legal custody of the department, following the termination of

14  the parental rights as to that client, until the child such

15  client leaves the legal custody of the department due to the

16  client's adoption or attaining because the client attains the

17  age of 18 or, in the case of children who are otherwise in the

18  custody of the department, the court having jurisdiction over

19  such child client shall have jurisdiction, upon application of

20  the department or other interested party, to review or approve

21  any extraordinary action of the department acting as trustee

22  as to the child's client's money or other property. When

23  directed by a court of competent jurisdiction, the department

24  may further hold money or property of a child person under the

25  age of 18 who has been in the care, custody, or control of the

26  department and who is the subject of a court proceeding during

27  the pendency of that proceeding.

28         (b)  Deposit the money in banks qualified as state

29  depositories, or in any bank, credit union, or savings and

30  loan association authorized to do business in this state,

31  provided moneys so deposited or held by such institutions are

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 1  fully insured by a federal depository or share insurance

 2  program, or an approved state depository or share insurance

 3  program, and are available on demand.

 4         (c)  Withdraw the money and use it to meet current

 5  needs of clients. For purposes of this paragraph, "current

 6  needs" includes payment of fees assessed under s. 402.33. The

 7  amount of money withdrawn by the department to meet current

 8  needs of a client shall take into account the need of the

 9  department or agency, as the trustee of a client's money and

10  property, to provide for the long-term needs of a client,

11  including, but not limited to, ensuring that to provide for

12  the need of a client under the age of 18 will to have

13  sufficient financial resources available to be able to

14  function as an adult upon reaching the age of 18, meeting or

15  to meet the special needs of a client who has a disability and

16  whose special needs cannot otherwise be met by any form of

17  public assistance or family resources, or maintaining to

18  maintain the client's eligibility for public assistance,

19  including medical assistance, under state or federal law.

20         (d)  As trustee, invest in the manner authorized by law

21  for fiduciaries money not used for current needs of clients.

22  Such investments may include, but shall not be limited to,

23  investments in savings share accounts of any credit union

24  chartered under the laws of the United States and doing

25  business in this state, and savings share accounts of any

26  credit union chartered under the laws of this state, provided

27  the credit union is insured under the federal share insurance

28  program or an approved state share insurance program.

29         (3)  DEPOSIT OF FUNDS RECEIVED.--Funds received by the

30  Department of Children and Family Services in accordance with

31  

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 1  s. 402.33 shall be deposited into a trust fund for the

 2  operation of the department.

 3         (4)  DISPOSITION OF UNCLAIMED TRUST FUNDS.--Upon the

 4  death of any client affected by the provisions of this

 5  section, any unclaimed money held in trust by the department,

 6  the agency, or by the Chief Financial Officer for the child

 7  him or her shall be applied first to the payment of any unpaid

 8  claim of the state against the client, and any balance

 9  remaining unclaimed for a period of 1 year shall escheat to

10  the state as unclaimed funds held by fiduciaries.

11         (5)  LEGAL REPRESENTATION.--To the extent that the

12  budget will permit, the Department of Legal Affairs shall

13  furnish the legal services to carry out the provisions of this

14  section. Upon the request of the department or agency of

15  Children and Family Services, the various state and county

16  attorneys shall assist in litigation within their

17  jurisdiction. The Such department or agency may retain legal

18  counsel for necessary legal services which cannot be furnished

19  by the Department of Legal Affairs and the various state and

20  county attorneys.

21         (6)  DEPOSIT OR INVESTMENT OF FUNDS OF CLIENTS.--

22         (a)  The department or agency of Children and Family

23  Services may deposit any funds of clients in its possession in

24  any bank in the state or may invest or reinvest such funds in

25  bonds or obligations of the United States for the payment of

26  which the full faith and credit of the United States is

27  pledged. For purposes of deposit only, the funds of any client

28  may be mingled with the funds of any other clients.

29         (b)  The interest or increment accruing on such funds

30  shall be the property of the clients and shall be used or

31  conserved for the personal use or benefit of the individual

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 1  client, in accordance with the department's or agency's

 2  fiduciary responsibility as a trustee for the money and

 3  property of the client held by the department. Such interest

 4  shall not accrue to the general welfare of all clients.

 5  Whenever any proposed action of the department or agency,

 6  acting in its own interest, may conflict with the department's

 7  or agency's obligation as a trustee with a fiduciary

 8  responsibility to the client, the department or agency shall

 9  promptly present the matter to a court of competent

10  jurisdiction for the court's determination as to what action

11  the department or agency may take. The department or agency

12  shall establish rules governing reasonable fees by rule for

13  the cost of administering such accounts and for establishing

14  the minimum balance eligible to earn interest.

15         (7)  DISPOSITION OF MONEY AND PROPERTY OF CLIENTS UPON

16  ATTAINING AGE 18 OR DISCHARGE FROM CARE, CUSTODY, CONTROL, OR

17  SERVICES OF THE DEPARTMENT.--

18         (a)  Whenever a client of the department for whom the

19  department is holding money or property as a trustee attains

20  the age of 18, and thereby will no longer be in the legal

21  custody of the department, the department shall promptly

22  disburse such money and property of the client the department

23  has held as a trustee to that client, or as that client

24  directs, as soon as practicable once the client attains the

25  age of 18.

26         (b)  Whenever a client of the department over the age

27  of 18 for whom the department is holding money or property as

28  a trustee no longer requires the care, custody, control, or

29  services of the department, the department shall promptly

30  disburse such money and property of the client the department

31  

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 1  has held as a trustee to that client, or as that client or a

 2  court directs, as soon as practicable.

 3         (c)  When a client under the age of 18 who has been in

 4  the legal custody, care, or control of the department and for

 5  whom the department is holding money or property as a trustee

 6  attains the age of 18 and has a physical or mental disability,

 7  or is otherwise incapacitated or incompetent to handle that

 8  client's own financial affairs, the department shall apply for

 9  a court order from a court of competent jurisdiction to

10  establish a trust on behalf of that client. Where there is no

11  willing relative of the client acceptable to the court

12  available to serve as trustee of such proposed trust, the

13  court may enter an order authorizing the department to serve

14  as trustee of a separate trust under such terms and conditions

15  as the court determines appropriate to the circumstances.

16         (d)  When a client under the age of 18 who has been in

17  the legal custody, care, or control of the department and for

18  whom the department is holding money or property as a trustee

19  leaves the care, custody, and control of the department due to

20  adoption or placement of the client with a relative, or as

21  otherwise directed by a court of competent jurisdiction, the

22  department shall notify that court of the existence of the

23  money and property in the possession of the department either

24  prior to, or promptly after, receiving knowledge of the change

25  of custody, care, or control. The department shall apply for

26  an order from the court exercising jurisdiction over the

27  client to direct the disposition of the money and property

28  belonging to that client. The court order may establish a

29  trust in which the money and property of the client will be

30  deposited, appoint a guardian of a property as to the money or

31  property of the client, or direct the creation of a Uniform

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 1  Transfers Gifts to Minors Act account on behalf of that

 2  client, as the court finds appropriate and under the terms and

 3  conditions the court determines appropriate to the

 4  circumstances.

 5         Section 47.  Section 402.181, Florida Statutes, is

 6  amended to read:

 7         402.181  State Institutions Claims Program.--

 8         (1)  There is created a State Institutions Claims

 9  Program, for the purpose of making restitution for property

10  damages and direct medical expenses for injuries caused by

11  shelter children or foster children, or escapees, inmates, or

12  patients of state institutions under the Department of

13  Children and Family Services, the Department of Health, the

14  Department of Juvenile Justice, or the Department of

15  Corrections, or the Agency for Persons with Disabilities.

16         (2)  Claims for restitution may be filed with the

17  Department of Legal Affairs at its office in accordance with

18  regulations prescribed by the Department of Legal Affairs. The

19  Department of Legal Affairs shall have full power and

20  authority to hear, investigate, and determine all questions in

21  respect to such claims and is authorized, within the limits of

22  current appropriations, to pay individual claims up to $1,000

23  or, with respect to children in foster care and their

24  families, individual claims up to $1,500. Claims in excess of

25  these amounts shall continue to require legislative approval.

26         (3)(a)  The Department of Legal Affairs shall make or

27  cause to be made such investigations as it considers necessary

28  in respect to such claims. Hearings shall be held in

29  accordance with chapter 120.

30         (b)  The Department of Legal Affairs shall work with

31  the Department of Children and Family Services, the Department

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 1  of Health, the Department of Juvenile Justice, and the

 2  Department of Corrections, and the Agency for Persons with

 3  Disabilities to streamline the process of investigations,

 4  hearings, and determinations with respect to claims under this

 5  section, to ensure that eligible claimants receive restitution

 6  within a reasonable time.

 7         Section 48.  Section 402.20, Florida Statutes, is

 8  amended to read:

 9         402.20  County contracts authorized for services and

10  facilities for in mental health and developmental disabilities

11  retardation areas.--The boards of county commissioners are

12  authorized to provide monetary grants and facilities, and to

13  enter into renewable contracts, for services and facilities,

14  for a period not to exceed 2 years, with public and private

15  hospitals, clinics, and laboratories; other state agencies,

16  departments, or divisions; the state colleges and

17  universities; the community colleges; private colleges and

18  universities; counties; municipalities; towns; townships; and

19  any other governmental unit or nonprofit organization which

20  provides needed facilities for persons with mental illness or

21  developmental disabilities the mentally ill or retarded. These

22  services are hereby declared to be for a public and county

23  purpose. The county commissioners may make periodic

24  inspections to assure that the services or facilities provided

25  under this chapter meet the standards of the Department of

26  Children and Family Services and the Agency for Persons with

27  Disabilities.

28         Section 49.  Section 402.22, Florida Statutes, is

29  amended to read:

30         402.22  Education program for students who reside in

31  residential care facilities operated by the Department of

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 1  Children and Family Services or the Agency for Persons with

 2  Disabilities.--

 3         (1)(a)  The Legislature recognizes that the Department

 4  of Children and Family Services and the Agency for Persons

 5  with Disabilities have under their has under its residential

 6  care students with critical problems of physical impairment,

 7  emotional disturbance, mental impairment, and learning

 8  impairment.

 9         (b)  The Legislature recognizes the vital role of

10  education in the rehabilitation of such students. It is the

11  intent of the Legislature that all such students benefit from

12  educational services and receive such services.

13         (c)  It is the intent of the Legislature that

14  educational services be coordinated with appropriate and

15  existing diagnostic and evaluative, social, followup, and

16  other therapeutic services of the department and agency of

17  Children and Family Services so that the effect of the total

18  rehabilitation process is maximized.

19         (d)  It is the intent of the Legislature that, as

20  educational programs for students in residential care

21  facilities are implemented by the district school board,

22  educational personnel in the Department of Children and Family

23  Services residential care facilities who meet the

24  qualifications for employees of the district school board be

25  employed by the district school board.

26         (2)  District school boards shall establish educational

27  programs for all students ages 5 through 18 under the

28  residential care of the Department of Children and Family

29  Services and the Agency for Persons with Disabilities, and may

30  provide for students below age 3 as provided for in s.

31  

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 1  1003.21(1)(e). Funding of such programs shall be pursuant to

 2  s. 1011.62.

 3         (3)  Notwithstanding any provisions of chapters 39,

 4  393, 394, and 397 to the contrary, the services of the

 5  Department of Children and Family Services and the Agency for

 6  Persons with Disabilities and those of the Department of

 7  Education and district school boards shall be mutually

 8  supportive and complementary of each other. The education

 9  programs provided by the district school board shall meet the

10  standards prescribed by the State Board of Education and the

11  district school board. Decisions regarding the design and

12  delivery of department or agency of Children and Family

13  Services treatment or habilitative services shall be made by

14  interdisciplinary teams of professional and paraprofessional

15  staff of which appropriate district school system

16  administrative and instructional personnel shall be invited to

17  be participating members. The requirements for maintenance of

18  confidentiality as prescribed in chapters 39, 393, 394, and

19  397 shall be applied to information used by such

20  interdisciplinary teams, and such information shall be exempt

21  from the provisions of ss. 119.07(1) and 286.011.

22         (4)  Students age 18 and under who are under the

23  residential care of the Department of Children and Family

24  Services or the Agency for Persons with Disabilities and who

25  receive an education program shall be calculated as full-time

26  equivalent student membership in the appropriate cost factor

27  as provided for in s. 1011.62(1)(c). Residential care

28  facilities of the Department of Children and Family Services

29  shall include, but not be limited to, developmental

30  disabilities services institutions and state mental health

31  facilities. All students shall receive their education program

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 1  from the district school system, and funding shall be

 2  allocated through the Florida Education Finance Program for

 3  the district school system.

 4         (5)  Instructional and special educational services

 5  that which are provided to mental health and retardation

 6  clients with mental illness or developmental disabilities of

 7  the department's or agency's in the Department of Children and

 8  Family Services residential care facilities by local school

 9  districts shall not be less than 180 days or 900 hours;

10  however, the 900 hours may be distributed over a 12-month

11  period, unless otherwise stated in rules developed by the

12  State Board of Education, with the concurrence of the

13  department or agency and adopted of Children and Family

14  Services promulgated pursuant to subsection (6).

15         (6)  The State Board of Education, and the Department

16  of Children and Family Services, and the Agency for Persons

17  with Disabilities may adopt shall have the authority to

18  promulgate rules to which shall assist in the orderly transfer

19  of the instruction of students from department or agency

20  Department of Children and Family Services residential care

21  facilities to the district school system or to the public

22  education agency and which shall assist in implementing the

23  specific intent as stated in this act.

24         (7)  Notwithstanding the provisions of s.

25  1001.42(4)(n), the educational program at the Marianna Sunland

26  Center in Jackson County shall be operated by the Department

27  of Education, either directly or through grants or contractual

28  agreements with other public educational agencies. The annual

29  state allocation to any such agency shall be computed pursuant

30  to s. 1011.62(1), (2), and (5) and allocated in the amount

31  

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 1  that would have been provided the local school district in

 2  which the residential facility is located.

 3         Section 50.  Paragraph (c) of subsection (1) and

 4  subsection (2) of section 402.33, Florida Statutes, are

 5  amended to read:

 6         402.33  Department authority to charge fees for

 7  services provided.--

 8         (1)  As used in this section, the term:

 9         (c)  "Department" means the Department of Children and

10  Family Services, and the Department of Health, and the Agency

11  for Persons with Disabilities.

12         (2)  The department, in accordance with rules

13  established by it, shall either charge, assess, or collect, or

14  cause to be charged, assessed, or collected, fees for any

15  service it provides to its clients either directly or through

16  its agencies or contractors, except for:

17         (a)  Diagnosis and evaluation procedures necessary to

18  determine the client's eligibility and need for services

19  provided by the department;

20         (b)  Customary and routine information and referral

21  services;

22         (c)  Educational services provided in lieu of public

23  education;

24         (d)  Specific services exempted by law from fee

25  assessment;

26         (e)  Emergency shelter or emergency detention care and

27  custody prior to a detention hearing under chapter 39;

28         (f)  Specific classes or types of services provided in

29  programs funded by grants, donations, or contracts that

30  prohibit charging fees;

31  

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 1         (g)  Developmental disability services provided under

 2  chapter 393 to any person who is determined to be eligible for

 3  such services by the department and whose earned income falls

 4  below the federal Health and Human Services Poverty

 5  Guidelines, unless such fees are collected from third-party

 6  benefits and benefit payments; or

 7         (h)  Any type of service for which the department

 8  determines that the net estimated revenue from such fees after

 9  deducting any loss of funds from federal grants occasioned by

10  such fees will be less than the estimated cost to charge and

11  collect such fees.

12  

13  Fees, other than third-party benefits and benefit payments,

14  may not be charged for services provided to indigents whose

15  only sources of income are from state and federal aid. In

16  addition, fees may not be charged parents of a minor client

17  for services requested by the minor without parental consent

18  or for services provided a minor client who has been

19  permanently committed to the care and custody of the

20  department with parental rights permanently severed. However,

21  lack of parental consent does not preclude the charging of

22  fees established under chapter 39. The department may not

23  require A client who is receiving wages that which are below

24  the minimum wage under the federal Fair Labor Standards Act

25  may not be required to pay fees from such wages. Voluntary

26  payments for services must be encouraged.

27         Section 51.  Paragraphs (r) and (s) of subsection (3)

28  of section 408.036, Florida Statutes, are amended to read:

29         408.036  Projects subject to review; exemptions.--

30  

31  

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 1         (3)  EXEMPTIONS.--Upon request, the following projects

 2  are subject to exemption from the provisions of subsection

 3  (1):

 4         (r)  For beds in state mental health treatment

 5  facilities operated under s. 394.455(32)(30) and state mental

 6  health forensic facilities operated under s. 916.106(8).

 7         (s)  For beds in state developmental disabilities

 8  services institutions as defined in s. 393.063.

 9         Section 52.  Paragraphs (a), (j), and (k) of subsection

10  (4) of section 409.221, Florida Statutes, are amended to read:

11         409.221  Consumer-directed care program.--

12         (4)  CONSUMER-DIRECTED CARE.--

13         (a)  Program established.--The Agency for Health Care

14  Administration shall establish the consumer-directed care

15  program which shall be based on the principles of consumer

16  choice and control. The agency shall implement the program

17  upon federal approval. The agency shall establish interagency

18  cooperative agreements with and shall work with the

19  Departments of Elderly Affairs, Health, and Children and

20  Family Services and the Agency for Persons with Disabilities

21  to implement and administer the program. The program shall

22  allow enrolled persons to choose the providers of services and

23  to direct the delivery of services, to best meet their

24  long-term care needs. The program must operate within the

25  funds appropriated by the Legislature.

26         (j)  Rules; federal waivers.--In order to implement

27  this section:

28         1.  The agency and the Departments of Elderly Affairs,

29  Health, and Children and Family Services and the Agency for

30  Persons with Disabilities are authorized to adopt and enforce

31  rules.

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 1         2.  The agency shall take all necessary action to

 2  ensure state compliance with federal regulations. The agency

 3  shall apply for any necessary federal waivers or waiver

 4  amendments needed to implement the program.

 5         (k)  Reviews and reports.--The agency and the

 6  Departments of Elderly Affairs, Health, and Children and

 7  Family Services and the Agency for Persons with Disabilities

 8  shall each, on an ongoing basis, review and assess the

 9  implementation of the consumer-directed care program. By

10  January 15 of each year, the agency shall submit a written

11  report to the Legislature that includes each department's

12  review of the program and contains recommendations for

13  improvements to the program.

14         Section 53.  Paragraph (a) of subsection (2) and

15  subsection (8) of section 409.908, Florida Statutes, are

16  amended to read:

17         409.908  Reimbursement of Medicaid providers.--Subject

18  to specific appropriations, the agency shall reimburse

19  Medicaid providers, in accordance with state and federal law,

20  according to methodologies set forth in the rules of the

21  agency and in policy manuals and handbooks incorporated by

22  reference therein. These methodologies may include fee

23  schedules, reimbursement methods based on cost reporting,

24  negotiated fees, competitive bidding pursuant to s. 287.057,

25  and other mechanisms the agency considers efficient and

26  effective for purchasing services or goods on behalf of

27  recipients. If a provider is reimbursed based on cost

28  reporting and submits a cost report late and that cost report

29  would have been used to set a lower reimbursement rate for a

30  rate semester, then the provider's rate for that semester

31  shall be retroactively calculated using the new cost report,

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 1  and full payment at the recalculated rate shall be effected

 2  retroactively. Medicare-granted extensions for filing cost

 3  reports, if applicable, shall also apply to Medicaid cost

 4  reports. Payment for Medicaid compensable services made on

 5  behalf of Medicaid eligible persons is subject to the

 6  availability of moneys and any limitations or directions

 7  provided for in the General Appropriations Act or chapter 216.

 8  Further, nothing in this section shall be construed to prevent

 9  or limit the agency from adjusting fees, reimbursement rates,

10  lengths of stay, number of visits, or number of services, or

11  making any other adjustments necessary to comply with the

12  availability of moneys and any limitations or directions

13  provided for in the General Appropriations Act, provided the

14  adjustment is consistent with legislative intent.

15         (2)(a)1.  Reimbursement to nursing homes licensed under

16  part II of chapter 400 and state-owned-and-operated

17  intermediate care facilities for the developmentally disabled

18  licensed under part XI of chapter 400 chapter 393 must be made

19  prospectively.

20         2.  Unless otherwise limited or directed in the General

21  Appropriations Act, reimbursement to hospitals licensed under

22  part I of chapter 395 for the provision of swing-bed nursing

23  home services must be made on the basis of the average

24  statewide nursing home payment, and reimbursement to a

25  hospital licensed under part I of chapter 395 for the

26  provision of skilled nursing services must be made on the

27  basis of the average nursing home payment for those services

28  in the county in which the hospital is located. When a

29  hospital is located in a county that does not have any

30  community nursing homes, reimbursement shall must be

31  determined by averaging the nursing home payments, in counties

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 1  that surround the county in which the hospital is located.

 2  Reimbursement to hospitals, including Medicaid payment of

 3  Medicare copayments, for skilled nursing services shall be

 4  limited to 30 days, unless a prior authorization has been

 5  obtained from the agency. Medicaid reimbursement may be

 6  extended by the agency beyond 30 days, and approval must be

 7  based upon verification by the patient's physician that the

 8  patient requires short-term rehabilitative and recuperative

 9  services only, in which case an extension of no more than 15

10  days may be approved. Reimbursement to a hospital licensed

11  under part I of chapter 395 for the temporary provision of

12  skilled nursing services to nursing home residents who have

13  been displaced as the result of a natural disaster or other

14  emergency may not exceed the average county nursing home

15  payment for those services in the county in which the hospital

16  is located and is limited to the period of time which the

17  agency considers necessary for continued placement of the

18  nursing home residents in the hospital.

19         (8)  A provider of home-based or community-based

20  services rendered pursuant to a federally approved waiver

21  shall be reimbursed based on an established or negotiated rate

22  for each service. These rates shall be established according

23  to an analysis of the expenditure history and prospective

24  budget developed by each contract provider participating in

25  the waiver program, or under any other methodology adopted by

26  the agency and approved by the Federal Government in

27  accordance with the waiver. Effective July 1, 1996, Privately

28  owned and operated community-based residential facilities

29  which meet agency requirements and which formerly received

30  Medicaid reimbursement for the optional intermediate care

31  facility for the mentally retarded service may participate in

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 1  the developmental services waiver as part of a

 2  home-and-community-based continuum of care for Medicaid

 3  recipients who receive waiver services.

 4         Section 54.  Subsection (3) of section 409.9127,

 5  Florida Statutes, is amended to read:

 6         409.9127  Preauthorization and concurrent utilization

 7  review; conflict-of-interest standards.--

 8         (3)  The agency shall help the Agency for Persons with

 9  Disabilities Department of Children and Family Services meet

10  the requirements of s. 393.065(4). Only admissions approved

11  pursuant to such assessments are eligible for reimbursement

12  under this chapter.

13         Section 55.  Paragraph (c) of subsection (2) and

14  subsection (5) of section 411.224, Florida Statutes, are

15  amended to read:

16         411.224  Family support planning process.--The

17  Legislature establishes a family support planning process to

18  be used by the Department of Children and Family Services as

19  the service planning process for targeted individuals,

20  children, and families under its purview.

21         (2)  To the extent possible within existing resources,

22  the following populations must be included in the family

23  support planning process:

24         (c)  Children from age 3 birth through age 5 who are

25  served by the Agency for Persons with Disabilities

26  Developmental Disabilities Program Office of the Department of

27  Children and Family Services.

28         (5)  There must be only a single-family support plan to

29  address the problems of the various family members unless the

30  family requests that an individual family support plan be

31  developed for different members of that family. The family

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 1  support plan must replace individual habilitation plans for

 2  children from 3 birth through 5 years old who are served by

 3  the Agency for Persons with Disabilities Developmental

 4  Disabilities Program Office of the Department of Children and

 5  Family Services. To the extent possible, the family support

 6  plan must replace other case-planning forms used by the

 7  Department of Children and Family Services.

 8         Section 56.  Subsection (4) of section 411.232, Florida

 9  Statutes, is amended to read:

10         411.232  Children's Early Investment Program.--

11         (4)  RULES FOR IMPLEMENTATION.--The Department of

12  Health and Rehabilitative Services shall adopt rules necessary

13  to implement this section.

14         Section 57.  Subsection (8) of section 415.102, Florida

15  Statutes, is amended to read:

16         415.102  Definitions of terms used in ss.

17  415.101-415.113.--As used in ss. 415.101-415.113, the term:

18         (8)  "Facility" means any location providing day or

19  residential care or treatment for vulnerable adults. The term

20  "facility" may include, but is not limited to, any hospital,

21  state institution, nursing home, assisted living facility,

22  adult family-care home, adult day care center, residential

23  facility licensed under chapter 393, adult day training center

24  group home, or mental health treatment center.

25         Section 58.  Section 415.1035, Florida Statutes, is

26  amended to read:

27         415.1035  Facility's duty to inform residents of their

28  right to report abusive, neglectful, or exploitive

29  practices.--The department shall work cooperatively with the

30  Agency for Health Care Administration, the Agency for Persons

31  with Disabilities, and the Department of Elderly Affairs to

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 1  ensure that every facility that serves vulnerable adults

 2  informs residents of their right to report abusive,

 3  neglectful, or exploitive practices. Each facility must

 4  establish appropriate policies and procedures to facilitate

 5  such reporting.

 6         Section 59.  Subsections (1) and (10) of section

 7  415.1055, Florida Statutes, are amended to read:

 8         415.1055  Notification to administrative entities.--

 9         (1)  Upon receipt of a report that alleges that an

10  employee or agent of the department, the Agency for Persons

11  with Disabilities, or the Department of Elderly Affairs,

12  acting in an official capacity, has committed an act of abuse,

13  neglect, or exploitation, the department shall notify the

14  state attorney in whose circuit the abuse, neglect, or

15  exploitation occurred. This notification may be oral or

16  written.

17         (10)  When a report has been received and the

18  department has reason to believe that a vulnerable adult

19  resident of a facility licensed by the Agency for Health Care

20  Administration or the Agency for Persons with Disabilities has

21  been the victim of abuse, neglect, or exploitation, the

22  department shall provide a copy of its investigation to the

23  appropriate agency. If the investigation determines that a

24  health professional licensed or certified under the Department

25  of Health may have abused, neglected, or exploited a

26  vulnerable adult, the department shall also provide a copy to

27  the Department of Health.

28         Section 60.  Paragraphs (a) and (h) of subsection (3)

29  of section 415.107, Florida Statutes, are amended to read:

30         415.107  Confidentiality of reports and records.--

31  

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 1         (3)  Access to all records, excluding the name of the

 2  reporter which shall be released only as provided in

 3  subsection (6), shall be granted only to the following

 4  persons, officials, and agencies:

 5         (a)  Employees or agents of the department, the Agency

 6  for Persons with Disabilities, of the Agency for Health Care

 7  Administration, or of the Department of Elderly Affairs who

 8  are responsible for carrying out protective investigations,

 9  ongoing protective services, or licensure or approval of

10  nursing homes, assisted living facilities, adult day care

11  centers, adult family-care homes, home care for the elderly,

12  hospices, residential facilities licensed under chapter 393,

13  or other facilities used for the placement of vulnerable

14  adults.

15         (h)  Any appropriate official of the department, the

16  Agency for Persons with Disabilities, of the Agency for Health

17  Care Administration, or of the Department of Elderly Affairs

18  who is responsible for:

19         1.  Administration or supervision of the programs for

20  the prevention, investigation, or treatment of abuse, neglect,

21  or exploitation of vulnerable adults when carrying out an

22  official function; or

23         2.  Taking appropriate administrative action concerning

24  an employee alleged to have perpetrated abuse, neglect, or

25  exploitation of a vulnerable adult in an institution.

26         Section 61.  Paragraph (a) of subsection (3) of section

27  435.03, Florida Statutes, is amended to read:

28         435.03  Level 1 screening standards.--

29         (3)  Standards must also ensure that the person:

30         (a)  For employees and employers licensed or registered

31  pursuant to chapter 400, and for employees and employers of

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 1  developmental disabilities services institutions as defined in

 2  s. 393.063, intermediate care facilities for the

 3  developmentally disabled as defined in s. 400.960 s. 393.063,

 4  and mental health treatment facilities as defined in s.

 5  394.455, meets the requirements of this chapter.

 6         Section 62.  Paragraph (a) of subsection (2) of section

 7  490.014, Florida Statutes, is amended to read:

 8         490.014  Exemptions.--

 9         (2)  No person shall be required to be licensed or

10  provisionally licensed under this chapter who:

11         (a)  Is a salaried employee of a government agency;

12  developmental disability facility or services program, mental

13  health, alcohol, or drug abuse facility operating under

14  pursuant to chapter 393, chapter 394, or chapter 397;

15  subsidized child care program, subsidized child care case

16  management program, or child care resource and referral

17  program operating pursuant to chapter 402; child-placing or

18  child-caring agency licensed pursuant to chapter 409; domestic

19  violence center certified pursuant to chapter 39; accredited

20  academic institution; or research institution, if such

21  employee is performing duties for which he or she was trained

22  and hired solely within the confines of such agency, facility,

23  or institution, so long as the employee is not held out to the

24  public as a psychologist pursuant to s. 490.012(1)(a).

25         Section 63.  Paragraph (a) of subsection (4) of section

26  491.014, Florida Statutes, is amended to read:

27         491.014  Exemptions.--

28         (4)  No person shall be required to be licensed,

29  provisionally licensed, registered, or certified under this

30  chapter who:

31  

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 1         (a)  Is a salaried employee of a government agency;

 2  developmental disability facility or services program, mental

 3  health, alcohol, or drug abuse facility operating under

 4  pursuant to chapter 393, chapter 394, or chapter 397;

 5  subsidized child care program, subsidized child care case

 6  management program, or child care resource and referral

 7  program operating pursuant to chapter 402; child-placing or

 8  child-caring agency licensed pursuant to chapter 409; domestic

 9  violence center certified pursuant to chapter 39; accredited

10  academic institution; or research institution, if such

11  employee is performing duties for which he or she was trained

12  and hired solely within the confines of such agency, facility,

13  or institution, so long as the employee is not held out to the

14  public as a clinical social worker, mental health counselor,

15  or marriage and family therapist.

16         Section 64.  Section 944.602, Florida Statutes, is

17  amended to read:

18         944.602  Agency notification of Department of Children

19  and Family Services before release of mentally retarded

20  inmates.--Before the release by parole, release by reason of

21  gain-time allowances provided for in s. 944.291, or expiration

22  of sentence of any inmate who has been diagnosed as mentally

23  retarded as defined in s. 393.063, the Department of

24  Corrections shall notify the Agency for Persons with

25  Disabilities Department of Children and Family Services in

26  order that sufficient time be allowed to notify the inmate or

27  the inmate's representative, in writing, at least 7 days prior

28  to the inmate's release, of available community services.

29         Section 65.  Subsections (2) and (3) of section

30  945.025, Florida Statutes, are amended to read:

31         945.025  Jurisdiction of department.--

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 1         (2)  In establishing, operating, and utilizing these

 2  facilities, the department shall attempt, whenever possible,

 3  to avoid the placement of nondangerous offenders who have

 4  potential for rehabilitation with repeat offenders or

 5  dangerous offenders. Medical, mental, and psychological

 6  problems shall be diagnosed and treated whenever possible. The

 7  Department of Children and Family Services and the Agency for

 8  Persons with Disabilities shall cooperate to ensure the

 9  delivery of services to persons under the custody or

10  supervision of the department. When it is the intent of the

11  department to transfer a mentally ill or retarded prisoner to

12  the Department of Children and Family Services or the Agency

13  for Persons with Disabilities, an involuntary commitment

14  hearing shall be held according to the provisions of chapter

15  393 or chapter 394.

16         (3)  There shall be other correctional facilities,

17  including detention facilities of varying levels of security,

18  work-release facilities, and community correctional

19  facilities, halfway houses, and other approved community

20  residential and nonresidential facilities and programs;

21  however, no adult correctional facility may be established by

22  changing the use and purpose of any mental health facility or

23  mental health institution under the jurisdiction of any state

24  agency or department without authorization in the General

25  Appropriation Act or other approval by the Legislature. Any

26  facility the purpose and use of which was changed subsequent

27  to January 1, 1975, shall be returned to its original use and

28  purpose by July 1, 1977. However, the G. Pierce Wood Memorial

29  Hospital located at Arcadia, DeSoto County, may not be

30  converted into a correctional facility as long as such

31  hospital is in use as a state mental health hospital. Any

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 1  community residential facility may be deemed a part of the

 2  state correctional system for purposes of maintaining custody

 3  of offenders, and for this purpose the department may contract

 4  for and purchase the services of such facilities.

 5         Section 66.  Section 947.185, Florida Statutes, is

 6  amended to read:

 7         947.185  Application for mental retardation services as

 8  condition of parole.--The Parole Commission may require as a

 9  condition of parole that any inmate who has been diagnosed as

10  mentally retarded as defined in s. 393.063 shall, upon

11  release, apply for retardation services from the Agency for

12  Persons with Disabilities Department of Children and Family

13  Services.

14         Section 67.  Subsection (1) of section 985.224, Florida

15  Statutes, is amended to read:

16         985.224  Medical, psychiatric, psychological, substance

17  abuse, and educational examination and treatment.--

18         (1)  After a detention petition or a petition for

19  delinquency has been filed, the court may order the child

20  named in the petition to be examined by a physician. The court

21  may also order the child to be evaluated by a psychiatrist or

22  a psychologist, by a district school board educational needs

23  assessment team, or, if a developmental disability is

24  suspected or alleged, by a the developmental disabilities

25  diagnostic and evaluation team with of the Agency for Persons

26  with Disabilities Department of Children and Family Services.

27  If it is necessary to place a child in a residential facility

28  for such evaluation, the criteria and procedures established

29  in chapter 393, chapter 394, or chapter 397, whichever is

30  applicable, shall be used.

31  

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 1         Section 68.  Section 1003.58, Florida Statutes, is

 2  amended to read:

 3         1003.58  Students in residential care facilities.--Each

 4  district school board shall provide educational programs

 5  according to rules of the State Board of Education to students

 6  who reside in residential care facilities operated by the

 7  Department of Children and Family Services or the Agency for

 8  Persons with Disabilities.

 9         (1)  The district school board shall not be charged any

10  rent, maintenance, utilities, or overhead on such facilities.

11  Maintenance, repairs, and remodeling of existing facilities

12  shall be provided by the Department of Children and Family

13  Services or the Agency for Persons with Disabilities, as

14  appropriate.

15         (2)  If additional facilities are required, the

16  district school board and the Department of Children and

17  Family Services or the Agency for Persons with Disabilities,

18  as appropriate, shall agree on the appropriate site based on

19  the instructional needs of the students. When the most

20  appropriate site for instruction is on district school board

21  property, a special capital outlay request shall be made by

22  the commissioner in accordance with s. 1013.60. When the most

23  appropriate site is on state property, state capital outlay

24  funds shall be requested by the department or agency in

25  accordance with chapter 216 of Children and Family Services as

26  provided by s. 216.043 and shall be submitted as specified by

27  s. 216.023. Any instructional facility to be built on state

28  property shall have educational specifications jointly

29  developed by the school district and the department or agency

30  of Children and Family Services and approved by the Department

31  of Education. The size of space and occupant design capacity

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 1  criteria as provided by state board rules shall be used for

 2  remodeling or new construction whether facilities are provided

 3  on state property or district school board property. The

 4  planning of such additional facilities shall incorporate

 5  current state Department of Children and Family Services

 6  deinstitutionalization goals and plans.

 7         (3)  The district school board shall have full and

 8  complete authority in the matter of the assignment and

 9  placement of such students in educational programs. The parent

10  of an exceptional student shall have the same due process

11  rights as are provided under s. 1003.57(5).

12         (4)  The district school board shall have a written

13  agreement with the Department of Children and Family Services

14  and the Agency for Persons with Disabilities outlining the

15  respective duties and responsibilities of each party.

16  

17  Notwithstanding the provisions herein, the educational program

18  at the Marianna Sunland Center in Jackson County shall be

19  operated by the Department of Education, either directly or

20  through grants or contractual agreements with other public or

21  duly accredited educational agencies approved by the

22  Department of Education.

23         Section 69.  Paragraph (c) of subsection (3) of section

24  17.61, Florida Statutes, is amended to read:

25         17.61  Chief Financial Officer; powers and duties in

26  the investment of certain funds.--

27         (3)

28         (c)  Except as provided in this paragraph and except

29  for moneys described in paragraph (d), the following agencies

30  shall not invest trust fund moneys as provided in this

31  section, but shall retain such moneys in their respective

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 1  trust funds for investment, with interest appropriated to the

 2  General Revenue Fund, pursuant to s. 17.57:

 3         1.  The Agency for Health Care Administration, except

 4  for the Tobacco Settlement Trust Fund.

 5         2.  The Agency for Persons with Disabilities, except

 6  for:

 7         a.  The Federal Grants Trust Fund.

 8         b.  The Tobacco Settlement Trust Fund.

 9         3.2.  The Department of Children and Family Services,

10  except for:

11         a.  The Alcohol, Drug Abuse, and Mental Health Trust

12  Fund.

13         b.  The Community Resources Development Trust Fund.

14         c.  The Refugee Assistance Trust Fund.

15         d.  The Social Services Block Grant Trust Fund.

16         e.  The Tobacco Settlement Trust Fund.

17         f.  The Working Capital Trust Fund.

18         4.3.  The Department of Community Affairs, only for the

19  Operating Trust Fund.

20         5.4.  The Department of Corrections.

21         6.5.  The Department of Elderly Affairs, except for:

22         a.  The Federal Grants Trust Fund.

23         b.  The Tobacco Settlement Trust Fund.

24         7.6.  The Department of Health, except for:

25         a.  The Federal Grants Trust Fund.

26         b.  The Grants and Donations Trust Fund.

27         c.  The Maternal and Child Health Block Grant Trust

28  Fund.

29         d.  The Tobacco Settlement Trust Fund.

30         8.7.  The Department of Highway Safety and Motor

31  Vehicles, only for:

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 1         a.  The DUI Programs Coordination Trust Fund.

 2         b.  The Security Deposits Trust Fund.

 3         9.8.  The Department of Juvenile Justice.

 4         10.9.  The Department of Law Enforcement.

 5         11.10.  The Department of Legal Affairs.

 6         12.11.  The Department of State, only for:

 7         a.  The Grants and Donations Trust Fund.

 8         b.  The Records Management Trust Fund.

 9         13.12.  The Executive Office of the Governor, only for:

10         a.  The Economic Development Transportation Trust Fund.

11         b.  The Economic Development Trust Fund.

12         14.13.  The Florida Public Service Commission, only for

13  the Florida Public Service Regulatory Trust Fund.

14         15.14.  The Justice Administrative Commission.

15         16.15.  The state courts system.

16         Section 70.  Paragraph (b) of subsection (5) of section

17  400.464, Florida Statutes, is amended to read:

18         400.464  Home health agencies to be licensed;

19  expiration of license; exemptions; unlawful acts; penalties.--

20         (5)  The following are exempt from the licensure

21  requirements of this part:

22         (b)  Home health services provided by a state agency,

23  either directly or through a contractor with:

24         1.  The Department of Elderly Affairs.

25         2.  The Department of Health, a community health

26  center, or a rural health network that furnishes home visits

27  for the purpose of providing environmental assessments, case

28  management, health education, personal care services, family

29  planning, or followup treatment, or for the purpose of

30  monitoring and tracking disease.

31  

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 1         3.  Services provided to persons with who have

 2  developmental disabilities, as defined in s. 393.063.

 3         4.  Companion and sitter organizations that were

 4  registered under s. 400.509(1) on January 1, 1999, and were

 5  authorized to provide personal services under s. 393.063(33)

 6  under a developmental services provider certificate on January

 7  1, 1999, may continue to provide such services to past,

 8  present, and future clients of the organization who need such

 9  services, notwithstanding the provisions of this act.

10         5.  The Department of Children and Family Services.

11         Section 71.  Subsection (7) of section 744.704, Florida

12  Statutes, is amended to read:

13         744.704  Powers and duties.--

14         (7)  A public guardian shall not commit a ward to a

15  mental health treatment facility, as defined in s.

16  394.455(32)(30), without an involuntary placement proceeding

17  as provided by law.

18         Section 72.  Subsection (4) of section 984.22, Florida

19  Statutes, is amended to read:

20         984.22  Powers of disposition.--

21         (4)  All payments of fees made to the department under

22  pursuant to this chapter, or child support payments made to

23  the department pursuant to subsection (3), shall be deposited

24  in the General Revenue Fund. In cases in which the child is

25  placed in foster care with the Department of Children and

26  Family Services, such child support payments shall be

27  deposited in the Community Resources Development Trust Fund.

28         Section 73.  Part III of chapter 282, Florida Statutes,

29  consisting of sections 282.601, 282.602, 282.603, 282.604,

30  282.605, and 282.606, is created to read:

31                             PART III

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 1           ACCESSIBILITY OF INFORMATION AND TECHNOLOGY

 2         282.601  Accessibility of electronic information and

 3  information technology.--

 4         (1)  In order to improve the accessibility of

 5  electronic information and information technology and increase

 6  the successful education, employment, access to governmental

 7  information and services, and involvement in community life,

 8  the executive, legislative, and judicial branches of state

 9  government shall, when developing, competitively procuring,

10  maintaining, or using electronic information or information

11  technology acquired on or after July 1, 2006, ensure that

12  state employees with disabilities have access to and are

13  provided with information and data comparable to the access

14  and use by state employees who are not individuals with

15  disabilities, unless an undue burden would be imposed on the

16  agency.

17         (2)  Individuals with disabilities who are members of

18  the public seeking information or services from state agencies

19  that are subject to this part shall be provided with access to

20  and use of information and data comparable to that provided to

21  the public who are not individuals with disabilities, unless

22  an undue burden would be imposed on the agency.

23         282.602  Definitions.--As used in this part, the term:

24         (1)  "Accessible electronic information and information

25  technology" means electronic information and information

26  technology that conforms to the standards for accessible

27  electronic information and information technology as set forth

28  by s. 508 of the Rehabilitation Act of 1973, as amended, and

29  29 U.S.C. 794(d), including the regulations set forth under 36

30  C.F.R. part 1194.

31  

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 1         (2)  "Alternate methods" means a different means of

 2  providing information to people with disabilities, including

 3  product documentation. The term includes, but is not limited

 4  to, voice, facsimile, relay service, TTY, Internet posting,

 5  captioning, text-to-speech synthesis, and audio description.

 6         (3)  "Electronic information and information

 7  technology" includes information technology and any equipment

 8  or interconnected system or subsystem of equipment which is

 9  used in creating, converting, or duplicating data or

10  information. The term includes, but is not limited to,

11  telecommunications products such as telephones, information

12  kiosks and transaction machines, Internet web sites,

13  multimedia systems, and office equipment such as copiers and

14  facsimile machines. The term does not include any equipment

15  that contains embedded information technology that is an

16  integral part of the product if the principal function of the

17  technology is not the acquisition, storage, manipulation,

18  management, movement, control, display, switching,

19  interchange, transmission, or reception of data or

20  information.

21         (4)  "Information technology" means any equipment or

22  interconnected system or subsystem of equipment which is used

23  in the automatic acquisition, storage, manipulation,

24  management, movement, control, display, switching,

25  interchange, transmission, or reception of data or

26  information. The term includes computers, ancillary equipment,

27  software, firmware and similar procedures, services and

28  support services, and related resources.

29         (5)  "Undue burden" means significant difficulty or

30  expense. In determining whether an action would result in an

31  undue burden, a state agency shall consider all agency

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 1  resources that are available to the program or component for

 2  which the product is being developed, procured, maintained, or

 3  used.

 4         (6)  "State agency" means any agency of the executive,

 5  legislative, or judicial branch of state government.

 6         282.603  Access to electronic and information

 7  technology for persons with disabilities; undue burden;

 8  limitations.--

 9         (1)  Each state agency shall develop, procure,

10  maintain, and use accessible electronic information and

11  information technology acquired on or after July 1, 2006, that

12  conforms to the applicable provisions set forth by s. 508 of

13  the Rehabilitation Act of 1973, as amended, and 29 U.S.C.

14  794(d), including the regulations set forth under 36 C.F.R.

15  part 1194, except when compliance with this section imposes an

16  undue burden; however in such instance, a state agency must

17  provide individuals with disabilities with the information and

18  data involved by an alternative method of access which allows

19  the individual to use the information and data.

20         (2)  This section does not require a state agency to

21  install specific accessibility-related software or attach an

22  assistive-technology device at a work station of a state

23  employee who is not an individual with a disability.

24         (3)  This section does not require a state agency, when

25  providing the public with access to information or data

26  through electronic information technology, to make products

27  owned by the state agency available for access and use by

28  individuals with disabilities at a location other than the

29  location at which the electronic information and information

30  technology are normally provided to the public, and this

31  section does not require a state agency to purchase products

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 1  for access and use by individuals with disabilities at a

 2  location other than at the location where the electronic

 3  information and information technology are normally provided

 4  to the public.

 5         282.604  Adoption of rules.--The Department of

 6  Management Services shall, with input from stakeholders, adopt

 7  rules pursuant to ss. 120.536(1) and 120.54 for the

 8  development, procurement, maintenance, and use of accessible

 9  electronic information technology by governmental units.

10         282.605  Exceptions.--

11         (1)  This part does not apply to electronic information

12  and information technology of the Department of Military

13  Affairs or the Florida National Guard if the function,

14  operation, or use of the information or technology involves

15  intelligence activities or cryptologic activities related to

16  national security, the command and control of military forces,

17  equipment that is an integral part of a weapon or weapons

18  system, or systems that are critical to the direct fulfillment

19  of military or intelligence missions. Systems that are

20  critical to the direct fulfillment of military or intelligence

21  missions do not include a system that is used for routine

22  administrative and business applications, including, but not

23  limited to, payroll, finance, logistics, and

24  personnel-management applications.

25         (2)  This part does not apply to electronic information

26  and information technology of a state agency if the function,

27  operation, or use of the information or technology involves

28  criminal intelligence activities. Such activities do not

29  include information or technology that is used for routine

30  administrative and business applications, including, but not

31  

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 1  limited to, payroll, finance, logistics, and

 2  personnel-management applications.

 3         (3)  This part does not apply to electronic information

 4  and information technology that is acquired by a contractor

 5  and that is incidental to the contract.

 6         (4)  This part applies to competitive solicitations

 7  issued or new systems developed by a state agency on or after

 8  July 1, 2006.

 9         282.606  Intent.--It is the intent of the Legislature

10  that, in construing this part, due consideration and great

11  weight be given to the interpretations of the federal courts

12  relating to comparable provisions of s. 508 of the

13  Rehabilitation Act of 1973, as amended, and 29 U.S.C. 794(d),

14  including the regulations set forth under 36 C.F.R. part 1194,

15  as of July 1, 2006.

16         Section 74.  This act shall take effect July 1, 2006.

17  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                     CS for Senate Bill 2012

 3                                 

 4  This committee substitute differs from the prior committee
    substitute in that it:
 5  
    Specifies that the authority of a judge under s. 39.407, F.S.,
 6  to order a child to receive mental health or developmental
    disabilities services from a psychiatrist, psychologist, or
 7  other appropriate provider does not confer jurisdiction on the
    court to determine eligibility or order services under the
 8  statutes governing developmental disabilities services
    administered by the Agency for Persons with Disabilities (APD
 9  or agency).

10  Deletes proposed language that circumscribed the court's
    jurisdiction to involuntarily admit a mentally retarded person
11  to residential services provided by the agency, and instead
    specifies that the APD may appeal decisions relating to such
12  involuntary admissions.

13  Clarifies the bill's definition of "restraint" to provide that
    a drug used as a restraint does not include a drug that is
14  part of the standard treatment regimen of a person with
    diagnosed mental illness who is a client of the Department of
15  Children and Family Services.

16  Includes adult day training services and personal care
    services within the community-based services that are
17  medically necessary to prevent institutionalization.

18  Deletes proposed language specifying that a facility license
    granted by the agency is not an entitlement.
19  
    Delineates grounds for denial, revocation, or suspension of a
20  license, including making a false representation on a license
    application; prior actions taken against the entity under the
21  Medicare or Medicaid programs; and failure to comply with ch.
    393, F.S., and its related rules.
22  
    Prescribes further the rules that the APD must adopt governing
23  standards and procedures relating to the use of restraint and
    seclusion.
24  
    Requires, rather than authorizes, the agency to recognize the
25  certification of behavior analysts awarded by a nonprofit
    corporation that adheres to the national standards of boards
26  that determine professional credentials.

27  Requires applicants for licensure as intermediate care
    facilities for the developmentally disabled (ICF/DDs) to agree
28  to provide or arrange for active treatment services by an
    interdisciplinary team to maximize individual independence or
29  prevent regression.

30  Creates part III of ch. 282, F.S., relating to accessibility
    of electronic information and information technology for
31  certain individuals with disabilities.

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 1  Requires the executive, legislative, and judicial branches of
    state government, when developing or procuring electronic
 2  information or information technology, to ensure that state
    employees with disabilities have access to data and
 3  information comparable to what non-disabled state employees
    have--unless doing so would create an undue burden on the
 4  agency.

 5  

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