Florida Senate - 2014                                     SB 938
       
       
        
       By Senator Thrasher
       
       
       
       
       
       6-01625-14                                             2014938__
    1                   A reviser’s bill to be entitled                 
    2         An act relating to the Florida Statutes; amending ss.
    3         14.2019, 14.20195, 16.615, 17.61, 20.195, 20.197,
    4         20.506, 28.101, 39.001, 39.0016, 39.01, 39.2021,
    5         39.303, 39.3031, 39.3032, 39.3035, 39.3065, 39.308,
    6         39.395, 39.5085, 39.604, 39.9055, 61.20, 61.21,
    7         63.022, 63.032, 63.039, 63.054, 63.202, 90.503,
    8         110.205, 120.80, 121.0515, 125.0109, 125.901, 125.902,
    9         154.067, 154.306, 166.0445, 186.901, 194.013, 196.095,
   10         212.04, 212.08, 213.053, 215.5601, 218.65, 252.355,
   11         253.034, 282.201, 284.40, 287.0575, 287.155, 288.0656,
   12         288.975, 316.6135, 318.14, 320.0848, 322.055, 364.10,
   13         379.353, 381.0022, 381.006, 381.0072, 381.0303,
   14         381.0407, 382.016, 383.011, 383.402, 393.002, 393.065,
   15         393.0661, 393.0673, 393.125, 393.135, 393.18, 394.453,
   16         394.455, 394.457, 394.4574, 394.461, 394.4612,
   17         394.4615, 394.46715, 394.4781, 394.47865, 394.480,
   18         394.492, 394.493, 394.4985, 394.499, 394.656, 394.657,
   19         394.658, 394.66, 394.67, 394.745, 394.75, 394.78,
   20         394.9084, 394.912, 394.913, 394.9135, 394.9151,
   21         394.917, 394.9215, 394.929, 394.930, 394.931,
   22         395.1023, 395.3025, 397.311, 397.333, 397.334,
   23         397.6758, 397.753, 397.754, 397.801, 397.998,
   24         400.0065, 400.0069, 400.021, 400.022, 400.462,
   25         400.464, 400.925, 402.04, 402.06, 402.07, 402.115,
   26         402.12, 402.16, 402.161, 402.164, 402.17, 402.18,
   27         402.181, 402.185, 402.19, 402.20, 402.22, 402.281,
   28         402.302, 402.30501, 402.3115, 402.33, 402.35, 402.40,
   29         402.401, 402.47, 402.49, 402.56, 402.70, 402.73,
   30         402.7305, 402.7306, 402.731, 402.80, 402.81, 402.86,
   31         402.87, 408.033, 408.20, 408.301, 408.302, 408.809,
   32         408.916, 409.016, 409.017, 409.141, 409.146, 409.147,
   33         409.153, 409.166, 409.167, 409.1671, 409.16715,
   34         409.16745, 409.1675, 409.1676, 409.1679, 409.175,
   35         409.1755, 409.221, 409.2355, 409.2572, 409.2577,
   36         409.2599, 409.285, 409.403, 409.404, 409.406, 409.407,
   37         409.4101, 409.441, 409.813, 409.8135, 409.8177,
   38         409.818, 409.821, 409.901, 409.902, 409.90201,
   39         409.903, 409.906, 409.9102, 409.91195, 409.912,
   40         409.9122, 409.913, 409.919, 409.962, 410.032, 410.602,
   41         410.603, 411.223, 411.224, 411.226, 411.227, 413.031,
   42         413.208, 413.271, 413.402, 414.0252, 414.175, 414.27,
   43         414.32, 414.37, 414.39, 414.391, 414.40, 414.411,
   44         414.42, 415.102, 415.107, 415.1071, 419.001, 420.621,
   45         420.622, 420.628, 421.10, 427.012, 429.01, 429.075,
   46         429.08, 429.19, 429.23, 429.26, 429.31, 429.34,
   47         429.41, 429.67, 429.73, 429.75, 430.2053, 430.705,
   48         435.02, 445.016, 445.021, 445.028, 445.029, 445.033,
   49         445.034, 445.035, 445.048, 445.051, 450.191, 456.0391,
   50         464.0205, 466.003, 466.023, 489.503, 490.012, 491.012,
   51         509.013, 553.80, 561.19, 561.20, 624.351, 624.91,
   52         651.117, 683.331, 718.115, 720.309, 741.01, 741.29,
   53         742.107, 743.045, 743.046, 743.0645, 744.1075, 753.01,
   54         765.110, 766.101, 775.0837, 775.16, 784.046, 784.074,
   55         784.081, 787.06, 796.07, 817.505, 839.13, 877.111,
   56         893.11, 893.15, 893.165, 916.105, 916.106, 921.0022,
   57         937.021, 938.01, 938.10, 938.23, 943.0311, 943.04353,
   58         943.053, 943.06, 943.17296, 944.024, 944.17, 944.706,
   59         945.025, 945.10, 945.12, 945.46, 945.47, 945.49,
   60         947.13, 947.146, 948.01, 984.01, 984.03, 984.071,
   61         984.085, 984.086, 984.10, 984.15, 984.19, 984.22,
   62         984.225, 984.226, 985.03, 985.046, 985.047, 985.11,
   63         985.145, 985.155, 985.18, 985.19, 985.433, 985.461,
   64         985.48, 985.556, 985.565, 985.601, 985.61, 985.614,
   65         985.64, 985.731, 985.8025, 1001.42, 1002.3305,
   66         1002.395, 1002.57, 1003.27, 1003.49, 1003.51, 1003.57,
   67         1003.58, 1004.44, 1004.61, 1004.93, 1006.03, 1006.061,
   68         1008.39, 1009.25, 1010.57, 1011.62, 1012.32, 1012.62,
   69         and 1012.98, F.S.; to conform references within the
   70         Florida Statutes to the redesignation of the
   71         Department of Children and Family Services as the
   72         Department of Children and Families by section 2 of
   73         chapter 2012-84, Laws of Florida; providing an
   74         effective date.
   75          
   76  Be It Enacted by the Legislature of the State of Florida:
   77  
   78         Section 1. Subsections (1) and (3) of section 14.2019,
   79  Florida Statutes, are amended to read:
   80         14.2019 Statewide Office for Suicide Prevention.—
   81         (1) The Statewide Office for Suicide Prevention is created
   82  within the Department of Children and Families Family Services.
   83         (3) The Statewide Office for Suicide Prevention may seek
   84  and accept grants or funds from any federal, state, or local
   85  source to support the operation and defray the authorized
   86  expenses of the office and the Suicide Prevention Coordinating
   87  Council. Revenues from grants shall be deposited in the Grants
   88  and Donations Trust Fund within the Department of Children and
   89  Families Family Services. In accordance with s. 216.181(11), the
   90  Executive Office of the Governor may request changes to the
   91  approved operating budget to allow the expenditure of any
   92  additional grant funds collected pursuant to this subsection.
   93         Section 2. Paragraph (b) of subsection (2) of section
   94  14.20195, Florida Statutes, is amended to read:
   95         14.20195 Suicide Prevention Coordinating Council; creation;
   96  membership; duties.—There is created within the Statewide Office
   97  for Suicide Prevention a Suicide Prevention Coordinating
   98  Council. The council shall develop strategies for preventing
   99  suicide.
  100         (2) MEMBERSHIP.—The Suicide Prevention Coordinating Council
  101  shall consist of 27 voting members and one nonvoting member.
  102         (b) The following state officials or their designees shall
  103  serve on the coordinating council:
  104         1. The Secretary of Elderly Affairs.
  105         2. The State Surgeon General.
  106         3. The Commissioner of Education.
  107         4. The Secretary of Health Care Administration.
  108         5. The Secretary of Juvenile Justice.
  109         6. The Secretary of Corrections.
  110         7. The executive director of the Department of Law
  111  Enforcement.
  112         8. The executive director of the Department of Veterans’
  113  Affairs.
  114         9. The Secretary of Children and Families Family Services.
  115         10. The executive director of the Department of Economic
  116  Opportunity.
  117         Section 3. Paragraphs (c) and (d) of subsection (1) of
  118  section 16.615, Florida Statutes, are amended to read:
  119         16.615 Council on the Social Status of Black Men and Boys.—
  120         (1) The Council on the Social Status of Black Men and Boys
  121  is established within the Department of Legal Affairs and shall
  122  consist of 19 members appointed as follows:
  123         (c) The Secretary of Children and Families Family Services
  124  or his or her designee.
  125         (d) The director of the Mental Health Program Office within
  126  the Department of Children and Families Family Services or his
  127  or her designee.
  128         Section 4. Paragraph (c) of subsection (3) of section
  129  17.61, Florida Statutes, is amended to read:
  130         17.61 Chief Financial Officer; powers and duties in the
  131  investment of certain funds.—
  132         (3)
  133         (c) Except as provided in this paragraph and except for
  134  moneys described in paragraph (d), the following agencies may
  135  not invest trust fund moneys as provided in this section, but
  136  shall retain such moneys in their respective trust funds for
  137  investment, with interest appropriated to the General Revenue
  138  Fund, pursuant to s. 17.57:
  139         1. The Agency for Health Care Administration, except for
  140  the Tobacco Settlement Trust Fund.
  141         2. The Agency for Persons with Disabilities, except for:
  142         a. The Federal Grants Trust Fund.
  143         b. The Tobacco Settlement Trust Fund.
  144         3. The Department of Children and Families Family Services,
  145  except for:
  146         a. The Alcohol, Drug Abuse, and Mental Health Trust Fund.
  147         b. The Social Services Block Grant Trust Fund.
  148         c. The Tobacco Settlement Trust Fund.
  149         d. The Working Capital Trust Fund.
  150         4. The Department of Corrections.
  151         5. The Department of Elderly Affairs, except for:
  152         a. The Federal Grants Trust Fund.
  153         b. The Tobacco Settlement Trust Fund.
  154         6. The Department of Health, except for:
  155         a. The Federal Grants Trust Fund.
  156         b. The Grants and Donations Trust Fund.
  157         c. The Maternal and Child Health Block Grant Trust Fund.
  158         d. The Tobacco Settlement Trust Fund.
  159         7. The Department of Highway Safety and Motor Vehicles,
  160  only for the Security Deposits Trust Fund.
  161         8. The Department of Juvenile Justice.
  162         9. The Department of Law Enforcement.
  163         10. The Department of Legal Affairs.
  164         11. The Department of State, only for:
  165         a. The Grants and Donations Trust Fund.
  166         b. The Records Management Trust Fund.
  167         12. The Department of Economic Opportunity, only for:
  168         a. The Economic Development Transportation Trust Fund.
  169         b. The Economic Development Trust Fund.
  170         13. The Florida Public Service Commission, only for the
  171  Florida Public Service Regulatory Trust Fund.
  172         14. The Justice Administrative Commission.
  173         15. The state courts system.
  174         Section 5. Section 20.195, Florida Statutes, is amended to
  175  read:
  176         20.195 Department of Children and Families Family Services;
  177  trust funds.—The following trust funds shall be administered by
  178  the Department of Children and Families Family Services:
  179         (1) Administrative Trust Fund.
  180         (a) Funds to be credited to and uses of the trust fund
  181  shall be administered in accordance with the provisions of s.
  182  215.32.
  183         (b) Notwithstanding the provisions of s. 216.301 and
  184  pursuant to s. 216.351, any balance in the trust fund at the end
  185  of any fiscal year shall remain in the trust fund at the end of
  186  the year and shall be available for carrying out the purposes of
  187  the trust fund.
  188         (2) Alcohol, Drug Abuse, and Mental Health Trust Fund.
  189         (a) Funds to be credited to the trust fund shall consist of
  190  federal mental health or substance abuse block grant funds, and
  191  shall be used for the purpose of providing mental health or
  192  substance abuse treatment and support services to department
  193  clients and for other such purposes as may be appropriate.
  194         (b) Notwithstanding the provisions of s. 216.301 and
  195  pursuant to s. 216.351, any balance in the trust fund at the end
  196  of any fiscal year shall remain in the trust fund at the end of
  197  the year and shall be available for carrying out the purposes of
  198  the trust fund.
  199         (3) Child Welfare Training Trust Fund.
  200         (a) Funds to be credited to and uses of the trust fund
  201  shall be administered in accordance with the provisions of s.
  202  402.40.
  203         (b) Notwithstanding the provisions of s. 216.301 and
  204  pursuant to s. 216.351, any balance in the trust fund at the end
  205  of any fiscal year shall remain in the trust fund at the end of
  206  the year and shall be available for carrying out the purposes of
  207  the trust fund.
  208         (4) Domestic Violence Trust Fund.
  209         (a) Funds to be credited to and uses of the trust fund
  210  shall be administered in accordance with the provisions of s.
  211  28.101, part XII of chapter 39, and chapter 741.
  212         (b) Notwithstanding the provisions of s. 216.301 and
  213  pursuant to s. 216.351, any balance in the trust fund at the end
  214  of any fiscal year shall remain in the trust fund at the end of
  215  the year and shall be available for carrying out the purposes of
  216  the trust fund.
  217         (5) Federal Grants Trust Fund.
  218         (a) Funds to be credited to and uses of the trust fund
  219  shall be administered in accordance with the provisions of s.
  220  215.32.
  221         (b) Notwithstanding the provisions of s. 216.301 and
  222  pursuant to s. 216.351, any balance in the trust fund at the end
  223  of any fiscal year shall remain in the trust fund at the end of
  224  the year and shall be available for carrying out the purposes of
  225  the trust fund.
  226         (6) Grants and Donations Trust Fund.
  227         (a) Funds to be credited to and uses of the trust fund
  228  shall be administered in accordance with the provisions of s.
  229  215.32.
  230         (b) Notwithstanding the provisions of s. 216.301 and
  231  pursuant to s. 216.351, any balance in the trust fund at the end
  232  of any fiscal year shall remain in the trust fund at the end of
  233  the year and shall be available for carrying out the purposes of
  234  the trust fund.
  235         (7) Operations and Maintenance Trust Fund.
  236         (a) Funds to be credited to and uses of the trust fund
  237  shall be administered in accordance with the provisions of s.
  238  215.32.
  239         (b) Notwithstanding the provisions of s. 216.301 and
  240  pursuant to s. 216.351, any balance in the trust fund at the end
  241  of any fiscal year shall remain in the trust fund at the end of
  242  the year and shall be available for carrying out the purposes of
  243  the trust fund.
  244         (8) Social Services Block Grant Trust Fund.
  245         (a) Funds to be credited to the trust fund shall consist of
  246  federal social services block grant funds, and shall be used for
  247  the purpose of providing health care and support services to
  248  department clients and for other such purposes as may be
  249  appropriate.
  250         (b) Notwithstanding the provisions of s. 216.301 and
  251  pursuant to s. 216.351, any balance in the trust fund at the end
  252  of any fiscal year shall remain in the trust fund at the end of
  253  the year and shall be available for carrying out the purposes of
  254  the trust fund.
  255         (9) Tobacco Settlement Trust Fund.
  256         (a) Funds to be credited to the trust fund shall consist of
  257  funds disbursed, by nonoperating transfer, from the Department
  258  of Financial Services Tobacco Settlement Clearing Trust Fund in
  259  amounts equal to the annual appropriations made from this trust
  260  fund.
  261         (b) Notwithstanding the provisions of s. 216.301 and
  262  pursuant to s. 216.351, any unencumbered balance in the trust
  263  fund at the end of any fiscal year and any encumbered balance
  264  remaining undisbursed on September 30 of the same calendar year
  265  shall revert to the Department of Financial Services Tobacco
  266  Settlement Clearing Trust Fund.
  267         (10) Welfare Transition Trust Fund.
  268         (a) Funds to be credited to and uses of the trust fund
  269  shall be administered in accordance with the provisions of s.
  270  20.506.
  271         (b) Notwithstanding the provisions of s. 216.301 and
  272  pursuant to s. 216.351, any balance in the trust fund at the end
  273  of any fiscal year shall remain in the trust fund at the end of
  274  the year and shall be available for carrying out the purposes of
  275  the trust fund.
  276         (11) Working Capital Trust Fund.
  277         (a) Funds to be credited to and uses of the trust fund
  278  shall be administered in accordance with the provisions of s.
  279  215.32.
  280         (b) Notwithstanding the provisions of s. 216.301 and
  281  pursuant to s. 216.351, any balance in the trust fund at the end
  282  of any fiscal year shall remain in the trust fund at the end of
  283  the year and shall be available for carrying out the purposes of
  284  the trust fund.
  285         Section 6. Section 20.197, Florida Statutes, is amended to
  286  read:
  287         20.197 Agency for Persons with Disabilities.—There is
  288  created the Agency for Persons with Disabilities, housed within
  289  the Department of Children and Families Family Services for
  290  administrative purposes only. The agency shall be a separate
  291  budget entity not subject to control, supervision, or direction
  292  by the Department of Children and Families Family Services in
  293  any manner, including, but not limited to, personnel,
  294  purchasing, transactions involving real or personal property,
  295  and budgetary matters.
  296         (1) The director of the agency shall be the agency head for
  297  all purposes and shall be appointed by the Governor, subject to
  298  confirmation by the Senate, and shall serve at the pleasure of
  299  the Governor. The director shall administer the affairs of the
  300  agency and may, within available resources, employ assistants,
  301  professional staff, and other employees as necessary to
  302  discharge the powers and duties of the agency.
  303         (2) The agency shall include a Division of Budget and
  304  Planning and a Division of Operations. In addition, and in
  305  accordance with s. 20.04, the director of the agency may
  306  recommend establishing additional divisions, bureaus, sections,
  307  and subsections of the agency in order to promote efficient and
  308  effective operation of the agency.
  309         (3) The agency is responsible for providing all services
  310  provided to persons with developmental disabilities under
  311  chapter 393, including the operation of all state institutional
  312  programs and the programmatic management of Medicaid waivers
  313  established to provide services to persons with developmental
  314  disabilities.
  315         (4) The agency shall engage in such other administrative
  316  activities as are deemed necessary to effectively and
  317  efficiently address the needs of the agency’s clients.
  318         (5) The agency shall enter into an interagency agreement
  319  that delineates the responsibilities of the Agency for Health
  320  Care Administration for the following:
  321         (a) The terms and execution of contracts with Medicaid
  322  providers for the provision of services provided through
  323  Medicaid, including federally approved waiver programs.
  324         (b) The billing, payment, and reconciliation of claims for
  325  Medicaid services reimbursed by the agency.
  326         (c) The implementation of utilization management measures,
  327  including the prior authorization of services plans and the
  328  streamlining and consolidation of waiver services, to ensure the
  329  cost-effective provision of needed Medicaid services and to
  330  maximize the number of persons with access to such services.
  331         (d) A system of approving each client’s plan of care to
  332  ensure that the services on the plan of care are those that
  333  without which the client would require the services of an
  334  intermediate care facility for the developmentally disabled.
  335         Section 7. Section 20.506, Florida Statutes, is amended to
  336  read:
  337         20.506 Welfare Transition Trust Fund.—The Welfare
  338  Transition Trust Fund is created within the Department of
  339  Children and Families Family Services for the purposes of
  340  receiving federal funds under the Temporary Assistance for Needy
  341  Families Program. Trust fund moneys shall be used exclusively
  342  for the purpose of providing services to individuals eligible
  343  for Temporary Assistance for Needy Families pursuant to the
  344  requirements and limitations of part A of Title IV of the Social
  345  Security Act, as amended, or any other applicable federal
  346  requirement or limitation. Funds credited to the trust fund
  347  consist of those funds collected from the Temporary Assistance
  348  for Needy Families Block Grant.
  349         Section 8. Paragraph (c) of subsection (1) of section
  350  28.101, Florida Statutes, is amended to read:
  351         28.101 Petitions and records of dissolution of marriage;
  352  additional charges.—
  353         (1) When a party petitions for a dissolution of marriage,
  354  in addition to the filing charges in s. 28.241, the clerk shall
  355  collect and receive:
  356         (c) A charge of $55. On a monthly basis, the clerk shall
  357  transfer the moneys collected pursuant to this paragraph to the
  358  Department of Revenue for deposit in the Domestic Violence Trust
  359  Fund. Such funds which are generated shall be directed to the
  360  Department of Children and Families Family Services for the
  361  specific purpose of funding domestic violence centers.
  362         Section 9. Paragraph (a) of subsection (9) of section
  363  39.001, Florida Statutes, is amended to read:
  364         39.001 Purposes and intent; personnel standards and
  365  screening.—
  366         (9) PLAN FOR COMPREHENSIVE APPROACH.—
  367         (a) The office shall develop a state plan for the promotion
  368  of adoption, support of adoptive families, and prevention of
  369  abuse, abandonment, and neglect of children and shall submit the
  370  state plan to the Speaker of the House of Representatives, the
  371  President of the Senate, and the Governor no later than December
  372  31, 2008. The Department of Children and Families Family
  373  Services, the Department of Corrections, the Department of
  374  Education, the Department of Health, the Department of Juvenile
  375  Justice, the Department of Law Enforcement, and the Agency for
  376  Persons with Disabilities shall participate and fully cooperate
  377  in the development of the state plan at both the state and local
  378  levels. Furthermore, appropriate local agencies and
  379  organizations shall be provided an opportunity to participate in
  380  the development of the state plan at the local level.
  381  Appropriate local groups and organizations shall include, but
  382  not be limited to, community mental health centers; guardian ad
  383  litem programs for children under the circuit court; the school
  384  boards of the local school districts; the Florida local advocacy
  385  councils; community-based care lead agencies; private or public
  386  organizations or programs with recognized expertise in working
  387  with child abuse prevention programs for children and families;
  388  private or public organizations or programs with recognized
  389  expertise in working with children who are sexually abused,
  390  physically abused, emotionally abused, abandoned, or neglected
  391  and with expertise in working with the families of such
  392  children; private or public programs or organizations with
  393  expertise in maternal and infant health care; multidisciplinary
  394  child protection teams; child day care centers; law enforcement
  395  agencies; and the circuit courts, when guardian ad litem
  396  programs are not available in the local area. The state plan to
  397  be provided to the Legislature and the Governor shall include,
  398  as a minimum, the information required of the various groups in
  399  paragraph (b).
  400         Section 10. Paragraph (b) of subsection (1) and paragraph
  401  (b) of subsection (3) of section 39.0016, Florida Statutes, are
  402  amended to read:
  403         39.0016 Education of abused, neglected, and abandoned
  404  children; agency agreements; children having or suspected of
  405  having a disability.—
  406         (1) DEFINITIONS.—As used in this section, the term:
  407         (b) “Department” means the Department of Children and
  408  Families Family Services or a community-based care lead agency
  409  acting on behalf of the Department of Children and Families
  410  Family Services, as appropriate.
  411         (3) CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY.—
  412         (b)1. Each district school superintendent or dependency
  413  court must appoint a surrogate parent for a child known to the
  414  department who has or is suspected of having a disability, as
  415  defined in s. 1003.01(3), when:
  416         a. After reasonable efforts, no parent can be located; or
  417         b. A court of competent jurisdiction over a child under
  418  this chapter has determined that no person has the authority
  419  under the Individuals with Disabilities Education Act, including
  420  the parent or parents subject to the dependency action, or that
  421  no person has the authority, willingness, or ability to serve as
  422  the educational decisionmaker for the child without judicial
  423  action.
  424         2. A surrogate parent appointed by the district school
  425  superintendent or the court must be at least 18 years old and
  426  have no personal or professional interest that conflicts with
  427  the interests of the student to be represented. Neither the
  428  district school superintendent nor the court may appoint an
  429  employee of the Department of Education, the local school
  430  district, a community-based care provider, the Department of
  431  Children and Families Family Services, or any other public or
  432  private agency involved in the education or care of the child as
  433  appointment of those persons is prohibited by federal law. This
  434  prohibition includes group home staff and therapeutic foster
  435  parents. However, a person who acts in a parental role to a
  436  child, such as a foster parent or relative caregiver, is not
  437  prohibited from serving as a surrogate parent if he or she is
  438  employed by such agency, willing to serve, and knowledgeable
  439  about the child and the exceptional student education process.
  440  The surrogate parent may be a court-appointed guardian ad litem
  441  or a relative or nonrelative adult who is involved in the
  442  child’s life regardless of whether that person has physical
  443  custody of the child. Each person appointed as a surrogate
  444  parent must have the knowledge and skills acquired by
  445  successfully completing training using materials developed and
  446  approved by the Department of Education to ensure adequate
  447  representation of the child.
  448         3. If a guardian ad litem has been appointed for a child,
  449  the district school superintendent must first consider the
  450  child’s guardian ad litem when appointing a surrogate parent.
  451  The district school superintendent must accept the appointment
  452  of the court if he or she has not previously appointed a
  453  surrogate parent. Similarly, the court must accept a surrogate
  454  parent duly appointed by a district school superintendent.
  455         4. A surrogate parent appointed by the district school
  456  superintendent or the court must be accepted by any subsequent
  457  school or school district without regard to where the child is
  458  receiving residential care so that a single surrogate parent can
  459  follow the education of the child during his or her entire time
  460  in state custody. Nothing in this paragraph or in rule shall
  461  limit or prohibit the continuance of a surrogate parent
  462  appointment when the responsibility for the student’s
  463  educational placement moves among and between public and private
  464  agencies.
  465         5. For a child known to the department, the responsibility
  466  to appoint a surrogate parent resides with both the district
  467  school superintendent and the court with jurisdiction over the
  468  child. If the court elects to appoint a surrogate parent, notice
  469  shall be provided as soon as practicable to the child’s school.
  470  At any time the court determines that it is in the best
  471  interests of a child to remove a surrogate parent, the court may
  472  appoint a new surrogate parent for educational decisionmaking
  473  purposes for that child.
  474         6. The surrogate parent shall continue in the appointed
  475  role until one of the following occurs:
  476         a. The child is determined to no longer be eligible or in
  477  need of special programs, except when termination of special
  478  programs is being contested.
  479         b. The child achieves permanency through adoption or legal
  480  guardianship and is no longer in the custody of the department.
  481         c. The parent who was previously unknown becomes known,
  482  whose whereabouts were unknown is located, or who was
  483  unavailable is determined by the court to be available.
  484         d. The appointed surrogate no longer wishes to represent
  485  the child or is unable to represent the child.
  486         e. The superintendent of the school district in which the
  487  child is attending school, the Department of Education contract
  488  designee, or the court that appointed the surrogate determines
  489  that the appointed surrogate parent no longer adequately
  490  represents the child.
  491         f. The child moves to a geographic location that is not
  492  reasonably accessible to the appointed surrogate.
  493         7. The appointment and termination of appointment of a
  494  surrogate under this paragraph shall be entered as an order of
  495  the court with a copy of the order provided to the child’s
  496  school as soon as practicable.
  497         8. The person appointed as a surrogate parent under this
  498  paragraph must:
  499         a. Be acquainted with the child and become knowledgeable
  500  about his or her disability and educational needs.
  501         b. Represent the child in all matters relating to
  502  identification, evaluation, and educational placement and the
  503  provision of a free and appropriate education to the child.
  504         c. Represent the interests and safeguard the rights of the
  505  child in educational decisions that affect the child.
  506         9. The responsibilities of the person appointed as a
  507  surrogate parent shall not extend to the care, maintenance,
  508  custody, residential placement, or any other area not
  509  specifically related to the education of the child, unless the
  510  same person is appointed by the court for such other purposes.
  511         10. A person appointed as a surrogate parent shall enjoy
  512  all of the procedural safeguards afforded a parent with respect
  513  to the identification, evaluation, and educational placement of
  514  a student with a disability or a student who is suspected of
  515  having a disability.
  516         11. A person appointed as a surrogate parent shall not be
  517  held liable for actions taken in good faith on behalf of the
  518  student in protecting the special education rights of the child.
  519         Section 11. Subsections (21) and (66) of section 39.01,
  520  Florida Statutes, are amended to read:
  521         39.01 Definitions.—When used in this chapter, unless the
  522  context otherwise requires:
  523         (21) “Department” means the Department of Children and
  524  Families Family Services.
  525         (66) “Secretary” means the Secretary of Children and
  526  Families Family Services.
  527         Section 12. Subsections (1) and (2) of section 39.2021,
  528  Florida Statutes, are amended to read:
  529         39.2021 Release of confidential information.—
  530         (1) Any person or organization, including the Department of
  531  Children and Families Family Services, may petition the court
  532  for an order making public the records of the Department of
  533  Children and Families Family Services which pertain to
  534  investigations of alleged abuse, abandonment, or neglect of a
  535  child. The court shall determine whether good cause exists for
  536  public access to the records sought or a portion thereof. In
  537  making this determination, the court shall balance the best
  538  interests of the child who is the focus of the investigation and
  539  the interest of that child’s siblings, together with the privacy
  540  rights of other persons identified in the reports, against the
  541  public interest. The public interest in access to such records
  542  is reflected in s. 119.01(1), and includes the need for citizens
  543  to know of and adequately evaluate the actions of the Department
  544  of Children and Families Family Services and the court system in
  545  providing children of this state with the protections enumerated
  546  in s. 39.001. However, this subsection does not contravene s.
  547  39.202, which protects the name of any person reporting the
  548  abuse, abandonment, or neglect of a child.
  549         (2) In cases involving serious bodily injury to a child,
  550  the Department of Children and Families Family Services may
  551  petition the court for an order for the immediate public release
  552  of records of the department which pertain to the protective
  553  investigation. The petition must be personally served upon the
  554  child, the child’s parent or guardian, and any person named as
  555  an alleged perpetrator in the report of abuse, abandonment, or
  556  neglect. The court must determine whether good cause exists for
  557  the public release of the records sought no later than 24 hours,
  558  excluding Saturdays, Sundays, and legal holidays, after the date
  559  the department filed the petition with the court. If the court
  560  does not grant or deny the petition within the 24-hour time
  561  period, the department may release to the public summary
  562  information including:
  563         (a) A confirmation that an investigation has been conducted
  564  concerning the alleged victim.
  565         (b) The dates and brief description of procedural
  566  activities undertaken during the department’s investigation.
  567         (c) The date of each judicial proceeding, a summary of each
  568  participant’s recommendations made at the judicial proceeding,
  569  and the ruling of the court.
  570  
  571  The summary information shall not include the name of, or other
  572  identifying information with respect to, any person identified
  573  in any investigation. In making a determination to release
  574  confidential information, the court shall balance the best
  575  interests of the child who is the focus of the investigation and
  576  the interests of that child’s siblings, together with the
  577  privacy rights of other persons identified in the reports
  578  against the public interest for access to public records.
  579  However, this subsection does not contravene s. 39.202, which
  580  protects the name of any person reporting abuse, abandonment, or
  581  neglect of a child.
  582         Section 13. Section 39.303, Florida Statutes, is amended to
  583  read:
  584         39.303 Child protection teams; services; eligible cases.
  585  The Children’s Medical Services Program in the Department of
  586  Health shall develop, maintain, and coordinate the services of
  587  one or more multidisciplinary child protection teams in each of
  588  the service districts of the Department of Children and Families
  589  Family Services. Such teams may be composed of appropriate
  590  representatives of school districts and appropriate health,
  591  mental health, social service, legal service, and law
  592  enforcement agencies. The Legislature finds that optimal
  593  coordination of child protection teams and sexual abuse
  594  treatment programs requires collaboration between the Department
  595  of Health and the Department of Children and Families Family
  596  Services. The two departments shall maintain an interagency
  597  agreement that establishes protocols for oversight and
  598  operations of child protection teams and sexual abuse treatment
  599  programs. The State Surgeon General and the Deputy Secretary for
  600  Children’s Medical Services, in consultation with the Secretary
  601  of Children and Families Family Services, shall maintain the
  602  responsibility for the screening, employment, and, if necessary,
  603  the termination of child protection team medical directors, at
  604  headquarters and in the 15 districts. Child protection team
  605  medical directors shall be responsible for oversight of the
  606  teams in the districts.
  607         (1) The Department of Health shall utilize and convene the
  608  teams to supplement the assessment and protective supervision
  609  activities of the family safety and preservation program of the
  610  Department of Children and Families Family Services. Nothing in
  611  this section shall be construed to remove or reduce the duty and
  612  responsibility of any person to report pursuant to this chapter
  613  all suspected or actual cases of child abuse, abandonment, or
  614  neglect or sexual abuse of a child. The role of the teams shall
  615  be to support activities of the program and to provide services
  616  deemed by the teams to be necessary and appropriate to abused,
  617  abandoned, and neglected children upon referral. The specialized
  618  diagnostic assessment, evaluation, coordination, consultation,
  619  and other supportive services that a child protection team shall
  620  be capable of providing include, but are not limited to, the
  621  following:
  622         (a) Medical diagnosis and evaluation services, including
  623  provision or interpretation of X rays and laboratory tests, and
  624  related services, as needed, and documentation of findings
  625  relative thereto.
  626         (b) Telephone consultation services in emergencies and in
  627  other situations.
  628         (c) Medical evaluation related to abuse, abandonment, or
  629  neglect, as defined by policy or rule of the Department of
  630  Health.
  631         (d) Such psychological and psychiatric diagnosis and
  632  evaluation services for the child or the child’s parent or
  633  parents, legal custodian or custodians, or other caregivers, or
  634  any other individual involved in a child abuse, abandonment, or
  635  neglect case, as the team may determine to be needed.
  636         (e) Expert medical, psychological, and related professional
  637  testimony in court cases.
  638         (f) Case staffings to develop treatment plans for children
  639  whose cases have been referred to the team. A child protection
  640  team may provide consultation with respect to a child who is
  641  alleged or is shown to be abused, abandoned, or neglected, which
  642  consultation shall be provided at the request of a
  643  representative of the family safety and preservation program or
  644  at the request of any other professional involved with a child
  645  or the child’s parent or parents, legal custodian or custodians,
  646  or other caregivers. In every such child protection team case
  647  staffing, consultation, or staff activity involving a child, a
  648  family safety and preservation program representative shall
  649  attend and participate.
  650         (g) Case service coordination and assistance, including the
  651  location of services available from other public and private
  652  agencies in the community.
  653         (h) Such training services for program and other employees
  654  of the Department of Children and Families Family Services,
  655  employees of the Department of Health, and other medical
  656  professionals as is deemed appropriate to enable them to develop
  657  and maintain their professional skills and abilities in handling
  658  child abuse, abandonment, and neglect cases.
  659         (i) Educational and community awareness campaigns on child
  660  abuse, abandonment, and neglect in an effort to enable citizens
  661  more successfully to prevent, identify, and treat child abuse,
  662  abandonment, and neglect in the community.
  663         (j) Child protection team assessments that include, as
  664  appropriate, medical evaluations, medical consultations, family
  665  psychosocial interviews, specialized clinical interviews, or
  666  forensic interviews.
  667  
  668  All medical personnel participating on a child protection team
  669  must successfully complete the required child protection team
  670  training curriculum as set forth in protocols determined by the
  671  Deputy Secretary for Children’s Medical Services and the
  672  Statewide Medical Director for Child Protection.
  673         (2) The child abuse, abandonment, and neglect reports that
  674  must be referred by the department to child protection teams of
  675  the Department of Health for an assessment and other appropriate
  676  available support services as set forth in subsection (1) must
  677  include cases involving:
  678         (a) Injuries to the head, bruises to the neck or head,
  679  burns, or fractures in a child of any age.
  680         (b) Bruises anywhere on a child 5 years of age or under.
  681         (c) Any report alleging sexual abuse of a child.
  682         (d) Any sexually transmitted disease in a prepubescent
  683  child.
  684         (e) Reported malnutrition of a child and failure of a child
  685  to thrive.
  686         (f) Reported medical neglect of a child.
  687         (g) Any family in which one or more children have been
  688  pronounced dead on arrival at a hospital or other health care
  689  facility, or have been injured and later died, as a result of
  690  suspected abuse, abandonment, or neglect, when any sibling or
  691  other child remains in the home.
  692         (h) Symptoms of serious emotional problems in a child when
  693  emotional or other abuse, abandonment, or neglect is suspected.
  694         (3) All abuse and neglect cases transmitted for
  695  investigation to a district by the hotline must be
  696  simultaneously transmitted to the Department of Health child
  697  protection team for review. For the purpose of determining
  698  whether face-to-face medical evaluation by a child protection
  699  team is necessary, all cases transmitted to the child protection
  700  team which meet the criteria in subsection (2) must be timely
  701  reviewed by:
  702         (a) A physician licensed under chapter 458 or chapter 459
  703  who holds board certification in pediatrics and is a member of a
  704  child protection team;
  705         (b) A physician licensed under chapter 458 or chapter 459
  706  who holds board certification in a specialty other than
  707  pediatrics, who may complete the review only when working under
  708  the direction of a physician licensed under chapter 458 or
  709  chapter 459 who holds board certification in pediatrics and is a
  710  member of a child protection team;
  711         (c) An advanced registered nurse practitioner licensed
  712  under chapter 464 who has a speciality in pediatrics or family
  713  medicine and is a member of a child protection team;
  714         (d) A physician assistant licensed under chapter 458 or
  715  chapter 459, who may complete the review only when working under
  716  the supervision of a physician licensed under chapter 458 or
  717  chapter 459 who holds board certification in pediatrics and is a
  718  member of a child protection team; or
  719         (e) A registered nurse licensed under chapter 464, who may
  720  complete the review only when working under the direct
  721  supervision of a physician licensed under chapter 458 or chapter
  722  459 who holds certification in pediatrics and is a member of a
  723  child protection team.
  724         (4) A face-to-face medical evaluation by a child protection
  725  team is not necessary when:
  726         (a) The child was examined for the alleged abuse or neglect
  727  by a physician who is not a member of the child protection team,
  728  and a consultation between the child protection team board
  729  certified pediatrician, advanced registered nurse practitioner,
  730  physician assistant working under the supervision of a child
  731  protection team board-certified pediatrician, or registered
  732  nurse working under the direct supervision of a child protection
  733  team board-certified pediatrician, and the examining physician
  734  concludes that a further medical evaluation is unnecessary;
  735         (b) The child protective investigator, with supervisory
  736  approval, has determined, after conducting a child safety
  737  assessment, that there are no indications of injuries as
  738  described in paragraphs (2)(a)-(h) as reported; or
  739         (c) The child protection team board-certified pediatrician,
  740  as authorized in subsection (3), determines that a medical
  741  evaluation is not required.
  742  
  743  Notwithstanding paragraphs (a), (b), and (c), a child protection
  744  team pediatrician, as authorized in subsection (3), may
  745  determine that a face-to-face medical evaluation is necessary.
  746         (5) In all instances in which a child protection team is
  747  providing certain services to abused, abandoned, or neglected
  748  children, other offices and units of the Department of Health,
  749  and offices and units of the Department of Children and Families
  750  Family Services, shall avoid duplicating the provision of those
  751  services.
  752         (6) The Department of Health child protection team quality
  753  assurance program and the Department of Children and Families’
  754  Family Services’ Family Safety Program Office quality assurance
  755  program shall collaborate to ensure referrals and responses to
  756  child abuse, abandonment, and neglect reports are appropriate.
  757  Each quality assurance program shall include a review of records
  758  in which there are no findings of abuse, abandonment, or
  759  neglect, and the findings of these reviews shall be included in
  760  each department’s quality assurance reports.
  761         Section 14. Section 39.3031, Florida Statutes, is amended
  762  to read:
  763         39.3031 Rules for implementation of s. 39.303.—The
  764  Department of Health, in consultation with the Department of
  765  Children and Families Family Services, shall adopt rules
  766  governing the child protection teams pursuant to s. 39.303,
  767  including definitions, organization, roles and responsibilities,
  768  eligibility, services and their availability, qualifications of
  769  staff, and a waiver-request process.
  770         Section 15. Section 39.3032, Florida Statutes, is amended
  771  to read:
  772         39.3032 Memorandum of agreement.—A memorandum of agreement
  773  shall be developed between the Department of Children and
  774  Families Family Services and the Department of Health that
  775  specifies how the teams will work with child protective
  776  investigation and service staff, that requires joint oversight
  777  by the two departments of the activities of the teams, and that
  778  specifies how that oversight will be implemented.
  779         Section 16. Paragraph (a) of subsection (3) of section
  780  39.3035, Florida Statutes, is amended to read:
  781         39.3035 Child advocacy centers; standards; state funding.—
  782         (3) A child advocacy center within this state may not
  783  receive the funds generated pursuant to s. 938.10, state or
  784  federal funds administered by a state agency, or any other funds
  785  appropriated by the Legislature unless all of the standards of
  786  subsection (1) are met and the screening requirement of
  787  subsection (2) is met. The Florida Network of Children’s
  788  Advocacy Centers, Inc., shall be responsible for tracking and
  789  documenting compliance with subsections (1) and (2) for any of
  790  the funds it administers to member child advocacy centers.
  791         (a) Funds for the specific purpose of funding children’s
  792  advocacy centers shall be appropriated to the Department of
  793  Children and Families Family Services from funds collected from
  794  the additional court cost imposed in cases of certain crimes
  795  against minors under s. 938.10. Funds shall be disbursed to the
  796  Florida Network of Children’s Advocacy Centers, Inc., as
  797  established under this section, for the purpose of providing
  798  community-based services that augment, but do not duplicate,
  799  services provided by state agencies.
  800         Section 17. Section 39.3065, Florida Statutes, is amended
  801  to read:
  802         39.3065 Sheriffs of certain counties to provide child
  803  protective investigative services; procedures; funding.—
  804         (1) As described in this section, the Department of
  805  Children and Families Family Services shall, by the end of
  806  fiscal year 1999-2000, transfer all responsibility for child
  807  protective investigations for Pinellas County, Manatee County,
  808  Broward County, and Pasco County to the sheriff of that county
  809  in which the child abuse, neglect, or abandonment is alleged to
  810  have occurred. Each sheriff is responsible for the provision of
  811  all child protective investigations in his or her county. Each
  812  individual who provides these services must complete the
  813  training provided to and required of protective investigators
  814  employed by the Department of Children and Families Family
  815  Services.
  816         (2) During fiscal year 1998-1999, the Department of
  817  Children and Families Family Services and each sheriff’s office
  818  shall enter into a contract for the provision of these services.
  819  Funding for the services will be appropriated to the Department
  820  of Children and Families Family Services, and the department
  821  shall transfer to the respective sheriffs for the duration of
  822  fiscal year 1998-1999, funding for the investigative
  823  responsibilities assumed by the sheriffs, including federal
  824  funds that the provider is eligible for and agrees to earn and
  825  that portion of general revenue funds which is currently
  826  associated with the services that are being furnished under
  827  contract, and including, but not limited to, funding for all
  828  investigative, supervisory, and clerical positions; training;
  829  all associated equipment; furnishings; and other fixed capital
  830  items. The contract must specify whether the department will
  831  continue to perform part or none of the child protective
  832  investigations during the initial year. The sheriffs may either
  833  conduct the investigations themselves or may, in turn,
  834  subcontract with law enforcement officials or with properly
  835  trained employees of private agencies to conduct investigations
  836  related to neglect cases only. If such a subcontract is awarded,
  837  the sheriff must take full responsibility for any safety
  838  decision made by the subcontractor and must immediately respond
  839  with law enforcement staff to any situation that requires
  840  removal of a child due to a condition that poses an immediate
  841  threat to the child’s life. The contract must specify whether
  842  the services are to be performed by departmental employees or by
  843  persons determined by the sheriff. During this initial year, the
  844  department is responsible for quality assurance, and the
  845  department retains the responsibility for the performance of all
  846  child protective investigations. The department must identify
  847  any barriers to transferring the entire responsibility for child
  848  protective services to the sheriffs’ offices and must pursue
  849  avenues for removing any such barriers by means including, but
  850  not limited to, applying for federal waivers. By January 15,
  851  1999, the department shall submit to the President of the
  852  Senate, the Speaker of the House of Representatives, and the
  853  chairs of the Senate and House committees that oversee
  854  departmental activities a report that describes any remaining
  855  barriers, including any that pertain to funding and related
  856  administrative issues. Unless the Legislature, on the basis of
  857  that report or other pertinent information, acts to block a
  858  transfer of the entire responsibility for child protective
  859  investigations to the sheriffs’ offices, the sheriffs of Pasco
  860  County, Manatee County, Broward County, and Pinellas County,
  861  beginning in fiscal year 1999-2000, shall assume the entire
  862  responsibility for such services, as provided in subsection (3).
  863         (3)(a) Beginning in fiscal year 1999-2000, the sheriffs of
  864  Pasco County, Manatee County, Broward County, and Pinellas
  865  County have the responsibility to provide all child protective
  866  investigations in their respective counties. Beginning in fiscal
  867  year 2000-2001, the Department of Children and Families Family
  868  Services is authorized to enter into grant agreements with
  869  sheriffs of other counties to perform child protective
  870  investigations in their respective counties.
  871         (b) The sheriffs shall operate, at a minimum, in accordance
  872  with the performance standards and outcome measures established
  873  by the Legislature for protective investigations conducted by
  874  the Department of Children and Families Family Services. Each
  875  individual who provides these services must complete, at a
  876  minimum, the training provided to and required of protective
  877  investigators employed by the Department of Children and
  878  Families Family Services.
  879         (c) Funds for providing child protective investigations
  880  must be identified in the annual appropriation made to the
  881  Department of Children and Families Family Services, which shall
  882  award grants for the full amount identified to the respective
  883  sheriffs’ offices. Notwithstanding the provisions of ss.
  884  216.181(16)(b) and 216.351, the Department of Children and
  885  Families Family Services may advance payments to the sheriffs
  886  for child protective investigations. Funds for the child
  887  protective investigations may not be integrated into the
  888  sheriffs’ regular budgets. Budgetary data and other data
  889  relating to the performance of child protective investigations
  890  must be maintained separately from all other records of the
  891  sheriffs’ offices and reported to the Department of Children and
  892  Families Family Services as specified in the grant agreement.
  893         (d) Program performance evaluation shall be based on
  894  criteria mutually agreed upon by the respective sheriffs and the
  895  Department of Children and Families Family Services. The program
  896  performance evaluation shall be conducted by a team of peer
  897  reviewers from the respective sheriffs’ offices that perform
  898  child protective investigations and representatives from the
  899  department. The Department of Children and Families Family
  900  Services shall submit an annual report regarding quality
  901  performance, outcome-measure attainment, and cost efficiency to
  902  the President of the Senate, the Speaker of the House of
  903  Representatives, and to the Governor no later than January 31 of
  904  each year the sheriffs are receiving general appropriations to
  905  provide child protective investigations.
  906         Section 18. Section 39.308, Florida Statutes, is amended to
  907  read:
  908         39.308 Guidelines for onsite child protective
  909  investigation.—The Department of Children and Families Family
  910  Services, in collaboration with the sheriffs’ offices, shall
  911  develop guidelines for conducting an onsite child protective
  912  investigation that specifically does not require the additional
  913  activities required by the department and for conducting an
  914  enhanced child protective investigation, including determining
  915  whether compelling evidence exists that no maltreatment
  916  occurred, conducting collateral contacts, contacting the
  917  reporter, updating the risk assessment, and providing for
  918  differential levels of documentation between an onsite and an
  919  enhanced onsite child protective investigation.
  920         Section 19. Section 39.395, Florida Statutes, is amended to
  921  read:
  922         39.395 Detaining a child; medical or hospital personnel.
  923  Any person in charge of a hospital or similar institution, or
  924  any physician or licensed health care professional treating a
  925  child may detain that child without the consent of the parents,
  926  caregiver, or legal custodian, whether or not additional medical
  927  treatment is required, if the circumstances are such, or if the
  928  condition of the child is such that returning the child to the
  929  care or custody of the parents, caregiver, or legal custodian
  930  presents an imminent danger to the child’s life or physical or
  931  mental health. Any such person detaining a child shall
  932  immediately notify the department, whereupon the department
  933  shall immediately begin a child protective investigation in
  934  accordance with the provisions of this chapter and shall make
  935  every reasonable effort to immediately notify the parents or
  936  legal custodian that such child has been detained. If the
  937  department determines, according to the criteria set forth in
  938  this chapter, that the child should be detained longer than 24
  939  hours, it shall petition the court through the attorney
  940  representing the Department of Children and Families Family
  941  Services as quickly as possible and not to exceed 24 hours, for
  942  an order authorizing such custody in the same manner as if the
  943  child were placed in a shelter. The department shall attempt to
  944  avoid the placement of a child in an institution whenever
  945  possible.
  946         Section 20. Paragraph (a) of subsection (2) of section
  947  39.5085, Florida Statutes, is amended to read:
  948         39.5085 Relative Caregiver Program.—
  949         (2)(a) The Department of Children and Families Family
  950  Services shall establish and operate the Relative Caregiver
  951  Program pursuant to eligibility guidelines established in this
  952  section as further implemented by rule of the department. The
  953  Relative Caregiver Program shall, within the limits of available
  954  funding, provide financial assistance to:
  955         1. Relatives who are within the fifth degree by blood or
  956  marriage to the parent or stepparent of a child and who are
  957  caring full-time for that dependent child in the role of
  958  substitute parent as a result of a court’s determination of
  959  child abuse, neglect, or abandonment and subsequent placement
  960  with the relative under this chapter.
  961         2. Relatives who are within the fifth degree by blood or
  962  marriage to the parent or stepparent of a child and who are
  963  caring full-time for that dependent child, and a dependent half
  964  brother or half-sister of that dependent child, in the role of
  965  substitute parent as a result of a court’s determination of
  966  child abuse, neglect, or abandonment and subsequent placement
  967  with the relative under this chapter.
  968  
  969  The placement may be court-ordered temporary legal custody to
  970  the relative under protective supervision of the department
  971  pursuant to s. 39.521(1)(b)3., or court-ordered placement in the
  972  home of a relative as a permanency option under s. 39.6221 or s.
  973  39.6231 or under former s. 39.622 if the placement was made
  974  before July 1, 2006. The Relative Caregiver Program shall offer
  975  financial assistance to caregivers who are relatives and who
  976  would be unable to serve in that capacity without the relative
  977  caregiver payment because of financial burden, thus exposing the
  978  child to the trauma of placement in a shelter or in foster care.
  979         Section 21. Subsections (3) and (4) of section 39.604,
  980  Florida Statutes, are amended to read:
  981         39.604 Rilya Wilson Act; short title; legislative intent;
  982  requirements; attendance and reporting responsibilities.—
  983         (3) REQUIREMENTS.—A child who is age 3 years to school
  984  entry, under court ordered protective supervision or in the
  985  custody of the Family Safety Program Office of the Department of
  986  Children and Families Family Services or a community-based lead
  987  agency, and enrolled in a licensed early education or child care
  988  program must be enrolled to participate in the program 5 days a
  989  week. Notwithstanding the requirements of s. 39.202, the
  990  Department of Children and Families Family Services must notify
  991  operators of the licensed early education or child care program,
  992  subject to the reporting requirements of this act, of the
  993  enrollment of any child age 3 years to school entry, under court
  994  ordered protective supervision or in the custody of the Family
  995  Safety Program Office of the Department of Children and Families
  996  Family Services or a community-based lead agency. The case plan
  997  developed for a child pursuant to this chapter who is enrolled
  998  in a licensed early education or child care program must contain
  999  the participation in this program as a required action. An
 1000  exemption to participating in the licensed early education or
 1001  child care program 5 days a week may be granted by the court.
 1002         (4) ATTENDANCE AND REPORTING REQUIREMENTS.—
 1003         (a) A child enrolled in a licensed early education or child
 1004  care program who meets the requirements of subsection (3) may
 1005  not be withdrawn from the program without the prior written
 1006  approval of the Family Safety Program Office of the Department
 1007  of Children and Families Family Services or the community-based
 1008  lead agency.
 1009         (b)1. If a child covered by this section is absent from the
 1010  program on a day when he or she is supposed to be present, the
 1011  person with whom the child resides must report the absence to
 1012  the program by the end of the business day. If the person with
 1013  whom the child resides, whether the parent or caregiver, fails
 1014  to timely report the absence, the absence is considered to be
 1015  unexcused. The program shall report any unexcused absence or
 1016  seven consecutive excused absences of a child who is enrolled in
 1017  the program and covered by this act to the local designated
 1018  staff of the Family Safety Program Office of the Department of
 1019  Children and Families Family Services or the community-based
 1020  lead agency by the end of the business day following the
 1021  unexcused absence or seventh consecutive excused absence.
 1022         2. The department or community-based lead agency shall
 1023  conduct a site visit to the residence of the child upon
 1024  receiving a report of two consecutive unexcused absences or
 1025  seven consecutive excused absences.
 1026         3. If the site visit results in a determination that the
 1027  child is missing, the department or community-based lead agency
 1028  shall report the child as missing to a law enforcement agency
 1029  and proceed with the necessary actions to locate the child
 1030  pursuant to procedures for locating missing children.
 1031         4. If the site visit results in a determination that the
 1032  child is not missing, the parent or caregiver shall be notified
 1033  that failure to ensure that the child attends the licensed early
 1034  education or child care program is a violation of the case plan.
 1035  If more than two site visits are conducted pursuant to this
 1036  subsection, staff shall initiate action to notify the court of
 1037  the parent or caregiver’s noncompliance with the case plan.
 1038         Section 22. Section 39.9055, Florida Statutes, is amended
 1039  to read:
 1040         39.9055 Certified domestic violence centers; capital
 1041  improvement grant program.—There is established a certified
 1042  domestic violence center capital improvement grant program.
 1043         (1) A certified domestic violence center as defined in s.
 1044  39.905 may apply to the Department of Children and Families
 1045  Family Services for a capital improvement grant. The grant
 1046  application must provide information that includes:
 1047         (a) A statement specifying the capital improvement that the
 1048  certified domestic violence center proposes to make with the
 1049  grant funds.
 1050         (b) The proposed strategy for making the capital
 1051  improvement.
 1052         (c) The organizational structure that will carry out the
 1053  capital improvement.
 1054         (d) Evidence that the certified domestic violence center
 1055  has difficulty in obtaining funding or that funds available for
 1056  the proposed improvement are inadequate.
 1057         (e) Evidence that the funds will assist in meeting the
 1058  needs of victims of domestic violence and their children in the
 1059  certified domestic violence center service area.
 1060         (f) Evidence of a satisfactory recordkeeping system to
 1061  account for fund expenditures.
 1062         (g) Evidence of ability to generate local match.
 1063         (2) Certified domestic violence centers as defined in s.
 1064  39.905 may receive funding subject to legislative appropriation,
 1065  upon application to the Department of Children and Families
 1066  Family Services, for projects to construct, acquire, repair,
 1067  improve, or upgrade systems, facilities, or equipment, subject
 1068  to availability of funds. An award of funds under this section
 1069  must be made in accordance with a needs assessment developed by
 1070  the Florida Coalition Against Domestic Violence and the
 1071  Department of Children and Families Family Services. The
 1072  department annually shall perform this needs assessment and
 1073  shall rank in order of need those centers that are requesting
 1074  funds for capital improvement.
 1075         (3) The Department of Children and Families Family Services
 1076  shall, in collaboration with the Florida Coalition Against
 1077  Domestic Violence, establish criteria for awarding the capital
 1078  improvement funds that must be used exclusively for support and
 1079  assistance with the capital improvement needs of the certified
 1080  domestic violence centers, as defined in s. 39.905.
 1081         (4) The Department of Children and Families Family Services
 1082  shall ensure that the funds awarded under this section are used
 1083  solely for the purposes specified in this section. The
 1084  department will also ensure that the grant process maintains the
 1085  confidentiality of the location of the certified domestic
 1086  violence centers, pursuant to s. 39.908. The total amount of
 1087  grant moneys awarded under this section may not exceed the
 1088  amount appropriated for this program.
 1089         Section 23. Subsection (2) of section 61.20, Florida
 1090  Statutes, is amended to read:
 1091         61.20 Social investigation and recommendations regarding a
 1092  parenting plan.—
 1093         (2) A social investigation and study, when ordered by the
 1094  court, shall be conducted by qualified staff of the court; a
 1095  child-placing agency licensed pursuant to s. 409.175; a
 1096  psychologist licensed pursuant to chapter 490; or a clinical
 1097  social worker, marriage and family therapist, or mental health
 1098  counselor licensed pursuant to chapter 491. If a certification
 1099  of indigence based on an affidavit filed with the court pursuant
 1100  to s. 57.081 is provided by an adult party to the proceeding and
 1101  the court does not have qualified staff to perform the
 1102  investigation and study, the court may request that the
 1103  Department of Children and Families Family Services conduct the
 1104  investigation and study.
 1105         Section 24. Subsections (2) and (3) of section 61.21,
 1106  Florida Statutes, are amended to read:
 1107         61.21 Parenting course authorized; fees; required
 1108  attendance authorized; contempt.—
 1109         (2) The Department of Children and Families Family Services
 1110  shall approve a parenting course which shall be a course of a
 1111  minimum of 4 hours designed to educate, train, and assist
 1112  divorcing parents in regard to the consequences of divorce on
 1113  parents and children.
 1114         (a) The parenting course referred to in this section shall
 1115  be named the Parent Education and Family Stabilization Course
 1116  and may include, but need not be limited to, the following
 1117  topics as they relate to court actions between parents involving
 1118  custody, care, time-sharing, and support of a child or children:
 1119         1. Legal aspects of deciding child-related issues between
 1120  parents.
 1121         2. Emotional aspects of separation and divorce on adults.
 1122         3. Emotional aspects of separation and divorce on children.
 1123         4. Family relationships and family dynamics.
 1124         5. Financial responsibilities to a child or children.
 1125         6. Issues regarding spousal or child abuse and neglect.
 1126         7. Skill-based relationship education that may be
 1127  generalized to parenting, workplace, school, neighborhood, and
 1128  civic relationships.
 1129         (b) Information regarding spousal and child abuse and
 1130  neglect shall be included in every parent education and family
 1131  stabilization course. A list of local agencies that provide
 1132  assistance with such issues shall also be provided.
 1133         (c) The parent education and family stabilization course
 1134  shall be educational in nature and shall not be designed to
 1135  provide individual mental health therapy for parents or
 1136  children, or individual legal advice to parents or children.
 1137         (d) Course providers shall not solicit participants from
 1138  the sessions they conduct to become private clients or patients.
 1139         (e) Course providers shall not give individual legal advice
 1140  or mental health therapy.
 1141         (3) Each course provider offering a parenting course
 1142  pursuant to this section must be approved by the Department of
 1143  Children and Families Family Services.
 1144         (a) The Department of Children and Families Family Services
 1145  shall provide each judicial circuit with a list of approved
 1146  course providers and sites at which the parent education and
 1147  family stabilization course may be completed. Each judicial
 1148  circuit must make information regarding all course providers
 1149  approved for their circuit available to all parents.
 1150         (b) The Department of Children and Families Family Services
 1151  shall include on the list of approved course providers and sites
 1152  for each circuit at least one site in that circuit where the
 1153  parent education and family stabilization course may be
 1154  completed on a sliding fee scale, if available.
 1155         (c) The Department of Children and Families Family Services
 1156  shall include on the list of approved course providers, without
 1157  limitation as to the area of the state for which the course is
 1158  approved, a minimum of one statewide approved course to be
 1159  provided through the Internet and one statewide approved course
 1160  to be provided through correspondence. The purpose of the
 1161  Internet and correspondence courses is to ensure that the parent
 1162  education and stabilization course is available in the home
 1163  county of each state resident and to those out-of-state persons
 1164  subject to this section.
 1165         (d) The Department of Children and Families Family Services
 1166  may remove a provider who violates this section, or its
 1167  implementing rules, from the list of approved court providers.
 1168         (e) The Department of Children and Families Family Services
 1169  shall adopt rules to administer subsection (2) and this
 1170  subsection.
 1171         Section 25. Subsection (5) of section 63.022, Florida
 1172  Statutes, is amended to read:
 1173         63.022 Legislative intent.—
 1174         (5) It is the intent of the Legislature to provide for
 1175  cooperation between private adoption entities and the Department
 1176  of Children and Families Family Services in matters relating to
 1177  permanent placement options for children in the care of the
 1178  department whose birth parents wish to participate in a private
 1179  adoption plan with a qualified family.
 1180         Section 26. Subsection (9) of section 63.032, Florida
 1181  Statutes, is amended to read:
 1182         63.032 Definitions.—As used in this chapter, the term:
 1183         (9) “Department” means the Department of Children and
 1184  Families Family Services.
 1185         Section 27. Paragraph (b) of subsection (5) of section
 1186  63.039, Florida Statutes, is amended to read:
 1187         63.039 Duty of adoption entity to prospective adoptive
 1188  parents; sanctions.—
 1189         (5) Within 30 days after the entry of an order of the court
 1190  finding sanctionable conduct on the part of an adoption entity,
 1191  the clerk of the court must forward to:
 1192         (b) The Department of Children and Families Family Services
 1193  any order that imposes sanctions under this section against a
 1194  licensed child-placing agency or a child-placing agency licensed
 1195  in another state that is qualified by the department.
 1196         Section 28. Subsections (3), (10), and (11) of section
 1197  63.054, Florida Statutes, are amended to read:
 1198         63.054 Actions required by an unmarried biological father
 1199  to establish parental rights; Florida Putative Father Registry.—
 1200         (3) The Office of Vital Statistics of the Department of
 1201  Health shall adopt by rule the appropriate claim of paternity
 1202  form in English, Spanish, and Creole in order to facilitate the
 1203  registration of an unmarried biological father with the Florida
 1204  Putative Father Registry and shall, within existing resources,
 1205  make these forms available through local offices of the
 1206  Department of Health and the Department of Children and Families
 1207  Family Services, the Internet websites of those agencies, and
 1208  the offices of the clerks of the circuit court. The claim of
 1209  paternity form shall be signed by the unmarried biological
 1210  father and must include his name, address, date of birth, and
 1211  physical description. In addition, the registrant shall provide,
 1212  if known, the name, address, date of birth, and physical
 1213  description of the mother; the date, place, and location of
 1214  conception of the child; and the name, date, and place of birth
 1215  of the child or estimated date of birth of the expected minor
 1216  child, if known. The claim of paternity form shall be signed
 1217  under oath by the registrant.
 1218         (10) The Department of Health shall, within existing
 1219  resources, prepare and adopt by rule application forms for
 1220  initiating a search of the Florida Putative Father Registry and
 1221  shall make those forms available through the local offices of
 1222  the Department of Health and the Department of Children and
 1223  Families Family Services and the offices of the clerks of the
 1224  circuit court.
 1225         (11) The Department of Health shall produce and distribute,
 1226  within existing resources, a pamphlet or publication informing
 1227  the public about the Florida Putative Father Registry and which
 1228  is printed in English, Spanish, and Creole. The pamphlet shall
 1229  indicate the procedures for voluntary acknowledgment of
 1230  paternity, the consequences of acknowledgment of paternity, the
 1231  consequences of failure to acknowledge paternity, and the
 1232  address of the Florida Putative Father Registry. Such pamphlets
 1233  or publications shall be made available for distribution at all
 1234  offices of the Department of Health and the Department of
 1235  Children and Families Family Services and shall be included in
 1236  health class curricula taught in public and charter schools in
 1237  this state. The Department of Health shall also provide such
 1238  pamphlets or publications to hospitals, adoption entities,
 1239  libraries, medical clinics, schools, universities, and providers
 1240  of child-related services, upon request. In cooperation with the
 1241  Department of Highway Safety and Motor Vehicles, each person
 1242  applying for a Florida driver’s license, or renewal thereof, and
 1243  each person applying for a Florida identification card shall be
 1244  offered the pamphlet or publication informing the public about
 1245  the Florida Putative Father Registry.
 1246         Section 29. Subsection (1) of section 63.202, Florida
 1247  Statutes, is amended to read:
 1248         63.202 Authority to license; adoption of rules.—
 1249         (1) The Department of Children and Families Family Services
 1250  is authorized and empowered to license child placement agencies
 1251  that it determines to be qualified to place minors for adoption.
 1252         Section 30. Paragraph (a) of subsection (1) of section
 1253  90.503, Florida Statutes, is amended to read:
 1254         90.503 Psychotherapist-patient privilege.—
 1255         (1) For purposes of this section:
 1256         (a) A “psychotherapist” is:
 1257         1. A person authorized to practice medicine in any state or
 1258  nation, or reasonably believed by the patient so to be, who is
 1259  engaged in the diagnosis or treatment of a mental or emotional
 1260  condition, including alcoholism and other drug addiction;
 1261         2. A person licensed or certified as a psychologist under
 1262  the laws of any state or nation, who is engaged primarily in the
 1263  diagnosis or treatment of a mental or emotional condition,
 1264  including alcoholism and other drug addiction;
 1265         3. A person licensed or certified as a clinical social
 1266  worker, marriage and family therapist, or mental health
 1267  counselor under the laws of this state, who is engaged primarily
 1268  in the diagnosis or treatment of a mental or emotional
 1269  condition, including alcoholism and other drug addiction;
 1270         4. Treatment personnel of facilities licensed by the state
 1271  pursuant to chapter 394, chapter 395, or chapter 397, of
 1272  facilities designated by the Department of Children and Families
 1273  Family Services pursuant to chapter 394 as treatment facilities,
 1274  or of facilities defined as community mental health centers
 1275  pursuant to s. 394.907(1), who are engaged primarily in the
 1276  diagnosis or treatment of a mental or emotional condition,
 1277  including alcoholism and other drug addiction; or
 1278         5. An advanced registered nurse practitioner certified
 1279  under s. 464.012, whose primary scope of practice is the
 1280  diagnosis or treatment of mental or emotional conditions,
 1281  including chemical abuse, and limited only to actions performed
 1282  in accordance with part I of chapter 464.
 1283         Section 31. Paragraphs (j), (m), and (q) of subsection (2)
 1284  of section 110.205, Florida Statutes, are amended to read:
 1285         110.205 Career service; exemptions.—
 1286         (2) EXEMPT POSITIONS.—The exempt positions that are not
 1287  covered by this part include the following:
 1288         (j) The appointed secretaries and the State Surgeon
 1289  General, assistant secretaries, deputy secretaries, and deputy
 1290  assistant secretaries of all departments; the executive
 1291  directors, assistant executive directors, deputy executive
 1292  directors, and deputy assistant executive directors of all
 1293  departments; the directors of all divisions and those positions
 1294  determined by the department to have managerial responsibilities
 1295  comparable to such positions, which positions include, but are
 1296  not limited to, program directors, assistant program directors,
 1297  district administrators, deputy district administrators, the
 1298  Director of Central Operations Services of the Department of
 1299  Children and Families Family Services, the State Transportation
 1300  Development Administrator, State Public Transportation and Modal
 1301  Administrator, district secretaries, district directors of
 1302  transportation development, transportation operations,
 1303  transportation support, and the managers of the offices
 1304  specified in s. 20.23(4)(b), of the Department of
 1305  Transportation. Unless otherwise fixed by law, the department
 1306  shall set the salary and benefits of these positions in
 1307  accordance with the rules of the Senior Management Service; and
 1308  the county health department directors and county health
 1309  department administrators of the Department of Health.
 1310         (m) All assistant division director, deputy division
 1311  director, and bureau chief positions in any department, and
 1312  those positions determined by the department to have managerial
 1313  responsibilities comparable to such positions, which include,
 1314  but are not limited to:
 1315         1. Positions in the Department of Health and the Department
 1316  of Children and Families Family Services that are assigned
 1317  primary duties of serving as the superintendent or assistant
 1318  superintendent of an institution.
 1319         2. Positions in the Department of Corrections that are
 1320  assigned primary duties of serving as the warden, assistant
 1321  warden, colonel, or major of an institution or that are assigned
 1322  primary duties of serving as the circuit administrator or deputy
 1323  circuit administrator.
 1324         3. Positions in the Department of Transportation that are
 1325  assigned primary duties of serving as regional toll managers and
 1326  managers of offices, as defined in s. 20.23(4)(b) and (5)(c).
 1327         4. Positions in the Department of Environmental Protection
 1328  that are assigned the duty of an Environmental Administrator or
 1329  program administrator.
 1330         5. Positions in the Department of Health that are assigned
 1331  the duties of Environmental Administrator, Assistant County
 1332  Health Department Director, and County Health Department
 1333  Financial Administrator.
 1334         6. Positions in the Department of Highway Safety and Motor
 1335  Vehicles that are assigned primary duties of serving as captains
 1336  in the Florida Highway Patrol.
 1337  
 1338  Unless otherwise fixed by law, the department shall set the
 1339  salary and benefits of the positions listed in this paragraph in
 1340  accordance with the rules established for the Selected Exempt
 1341  Service.
 1342         (q) The staff directors, assistant staff directors,
 1343  district program managers, district program coordinators,
 1344  district subdistrict administrators, district administrative
 1345  services directors, district attorneys, and the Deputy Director
 1346  of Central Operations Services of the Department of Children and
 1347  Families Family Services. Unless otherwise fixed by law, the
 1348  department shall establish the pay band and benefits for these
 1349  positions in accordance with the rules of the Selected Exempt
 1350  Service.
 1351         Section 32. Subsections (7) and (15) of section 120.80,
 1352  Florida Statutes, are amended to read:
 1353         120.80 Exceptions and special requirements; agencies.—
 1354         (7) DEPARTMENT OF CHILDREN AND FAMILIES FAMILY SERVICES.
 1355  Notwithstanding s. 120.57(1)(a), hearings conducted within the
 1356  Department of Children and Families Family Services in the
 1357  execution of those social and economic programs administered by
 1358  the former Division of Family Services of the former Department
 1359  of Health and Rehabilitative Services prior to the
 1360  reorganization effected by chapter 75-48, Laws of Florida, need
 1361  not be conducted by an administrative law judge assigned by the
 1362  division.
 1363         (15) DEPARTMENT OF HEALTH.—Notwithstanding s. 120.57(1)(a),
 1364  formal hearings may not be conducted by the State Surgeon
 1365  General, the Secretary of Health Care Administration, or a board
 1366  or member of a board within the Department of Health or the
 1367  Agency for Health Care Administration for matters relating to
 1368  the regulation of professions, as defined by chapter 456.
 1369  Notwithstanding s. 120.57(1)(a), hearings conducted within the
 1370  Department of Health in execution of the Special Supplemental
 1371  Nutrition Program for Women, Infants, and Children; Child Care
 1372  Food Program; Children’s Medical Services Program; the Brain and
 1373  Spinal Cord Injury Program; and the exemption from
 1374  disqualification reviews for certified nurse assistants program
 1375  need not be conducted by an administrative law judge assigned by
 1376  the division. The Department of Health may contract with the
 1377  Department of Children and Families Family Services for a
 1378  hearing officer in these matters.
 1379         Section 33. Paragraph (d) of subsection (2) of section
 1380  121.0515, Florida Statutes, is amended to read:
 1381         121.0515 Special Risk Class.—
 1382         (2) MEMBERSHIP.—
 1383         (d) Effective January 1, 2001, “special risk member”
 1384  includes:
 1385         1. Any member who is employed as a community-based
 1386  correctional probation officer and meets the special criteria
 1387  set forth in paragraph (3)(e).
 1388         2. Any professional health care bargaining unit or non-unit
 1389  member who is employed by the Department of Corrections or the
 1390  Department of Children and Families Family Services and meets
 1391  the special criteria set forth in paragraph (3)(f).
 1392         Section 34. Section 125.0109, Florida Statutes, is amended
 1393  to read:
 1394         125.0109 Family day care homes; local zoning regulation.
 1395  The operation of a residence as a family day care home, as
 1396  defined by law, registered or licensed with the Department of
 1397  Children and Families Family Services shall constitute a valid
 1398  residential use for purposes of any local zoning regulations,
 1399  and no such regulation shall require the owner or operator of
 1400  such family day care home to obtain any special exemption or use
 1401  permit or waiver, or to pay any special fee in excess of $50, to
 1402  operate in an area zoned for residential use.
 1403         Section 35. Paragraphs (a) and (b) of subsection (1) of
 1404  section 125.901, Florida Statutes, are amended to read:
 1405         125.901 Children’s services; independent special district;
 1406  council; powers, duties, and functions; public records
 1407  exemption.—
 1408         (1) Each county may by ordinance create an independent
 1409  special district, as defined in ss. 189.403(3) and
 1410  200.001(8)(e), to provide funding for children’s services
 1411  throughout the county in accordance with this section. The
 1412  boundaries of such district shall be coterminous with the
 1413  boundaries of the county. The county governing body shall obtain
 1414  approval, by a majority vote of those electors voting on the
 1415  question, to annually levy ad valorem taxes which shall not
 1416  exceed the maximum millage rate authorized by this section. Any
 1417  district created pursuant to the provisions of this subsection
 1418  shall be required to levy and fix millage subject to the
 1419  provisions of s. 200.065. Once such millage is approved by the
 1420  electorate, the district shall not be required to seek approval
 1421  of the electorate in future years to levy the previously
 1422  approved millage.
 1423         (a) The governing board of the district shall be a council
 1424  on children’s services, which may also be known as a juvenile
 1425  welfare board or similar name as established in the ordinance by
 1426  the county governing body. Such council shall consist of 10
 1427  members, including: the superintendent of schools; a local
 1428  school board member; the district administrator from the
 1429  appropriate district of the Department of Children and Families
 1430  Family Services, or his or her designee who is a member of the
 1431  Senior Management Service or of the Selected Exempt Service; one
 1432  member of the county governing body; and the judge assigned to
 1433  juvenile cases who shall sit as a voting member of the board,
 1434  except that said judge shall not vote or participate in the
 1435  setting of ad valorem taxes under this section. If there is more
 1436  than one judge assigned to juvenile cases in a county, the chief
 1437  judge shall designate one of said juvenile judges to serve on
 1438  the board. The remaining five members shall be appointed by the
 1439  Governor, and shall, to the extent possible, represent the
 1440  demographic diversity of the population of the county. After
 1441  soliciting recommendations from the public, the county governing
 1442  body shall submit to the Governor the names of at least three
 1443  persons for each vacancy occurring among the five members
 1444  appointed by the Governor, and the Governor shall appoint
 1445  members to the council from the candidates nominated by the
 1446  county governing body. The Governor shall make a selection
 1447  within a 45-day period or request a new list of candidates. All
 1448  members appointed by the Governor shall have been residents of
 1449  the county for the previous 24-month period. Such members shall
 1450  be appointed for 4-year terms, except that the length of the
 1451  terms of the initial appointees shall be adjusted to stagger the
 1452  terms. The Governor may remove a member for cause or upon the
 1453  written petition of the county governing body. If any of the
 1454  members of the council required to be appointed by the Governor
 1455  under the provisions of this subsection shall resign, die, or be
 1456  removed from office, the vacancy thereby created shall, as soon
 1457  as practicable, be filled by appointment by the Governor, using
 1458  the same method as the original appointment, and such
 1459  appointment to fill a vacancy shall be for the unexpired term of
 1460  the person who resigns, dies, or is removed from office.
 1461         (b) However, any county as defined in s. 125.011(1) may
 1462  instead have a governing board consisting of 33 members,
 1463  including: the superintendent of schools; two representatives of
 1464  public postsecondary education institutions located in the
 1465  county; the county manager or the equivalent county officer; the
 1466  district administrator from the appropriate district of the
 1467  Department of Children and Families Family Services, or the
 1468  administrator’s designee who is a member of the Senior
 1469  Management Service or the Selected Exempt Service; the director
 1470  of the county health department or the director’s designee; the
 1471  state attorney for the county or the state attorney’s designee;
 1472  the chief judge assigned to juvenile cases, or another juvenile
 1473  judge who is the chief judge’s designee and who shall sit as a
 1474  voting member of the board, except that the judge may not vote
 1475  or participate in setting ad valorem taxes under this section;
 1476  an individual who is selected by the board of the local United
 1477  Way or its equivalent; a member of a locally recognized faith
 1478  based coalition, selected by that coalition; a member of the
 1479  local chamber of commerce, selected by that chamber or, if more
 1480  than one chamber exists within the county, a person selected by
 1481  a coalition of the local chambers; a member of the early
 1482  learning coalition, selected by that coalition; a representative
 1483  of a labor organization or union active in the county; a member
 1484  of a local alliance or coalition engaged in cross-system
 1485  planning for health and social service delivery in the county,
 1486  selected by that alliance or coalition; a member of the local
 1487  Parent-Teachers Association/Parent-Teacher-Student Association,
 1488  selected by that association; a youth representative selected by
 1489  the local school system’s student government; a local school
 1490  board member appointed by the chair of the school board; the
 1491  mayor of the county or the mayor’s designee; one member of the
 1492  county governing body, appointed by the chair of that body; a
 1493  member of the state Legislature who represents residents of the
 1494  county, selected by the chair of the local legislative
 1495  delegation; an elected official representing the residents of a
 1496  municipality in the county, selected by the county municipal
 1497  league; and 4 members-at-large, appointed to the council by the
 1498  majority of sitting council members. The remaining 7 members
 1499  shall be appointed by the Governor in accordance with procedures
 1500  set forth in paragraph (a), except that the Governor may remove
 1501  a member for cause or upon the written petition of the council.
 1502  Appointments by the Governor must, to the extent reasonably
 1503  possible, represent the geographic and demographic diversity of
 1504  the population of the county. Members who are appointed to the
 1505  council by reason of their position are not subject to the
 1506  length of terms and limits on consecutive terms as provided in
 1507  this section. The remaining appointed members of the governing
 1508  board shall be appointed to serve 2-year terms, except that
 1509  those members appointed by the Governor shall be appointed to
 1510  serve 4-year terms, and the youth representative and the
 1511  legislative delegate shall be appointed to serve 1-year terms. A
 1512  member may be reappointed; however, a member may not serve for
 1513  more than three consecutive terms. A member is eligible to be
 1514  appointed again after a 2-year hiatus from the council.
 1515         Section 36. Section 125.902, Florida Statutes, is amended
 1516  to read:
 1517         125.902 Children’s services council or juvenile welfare
 1518  board incentive grants.—
 1519         (1) Subject to specific appropriations, it is the intent of
 1520  the Legislature to provide incentives to encourage children’s
 1521  services councils or juvenile welfare boards to provide support
 1522  to local child welfare programs related to implementation of
 1523  community-based care.
 1524         (a) A children’s services council or juvenile welfare
 1525  board, as authorized in s. 125.901, may submit a request for
 1526  funding or continued funding to the Department of Children and
 1527  Families Family Services to support programs funded by the
 1528  council or board for local child welfare services related to
 1529  implementation of community-based care.
 1530         (b) The Department of Children and Families Family Services
 1531  shall establish grant application procedures.
 1532         (2) The Department of Children and Families Family Services
 1533  shall make award determinations no later than October 1 of each
 1534  year. All applicants shall be notified by the department of its
 1535  final action.
 1536         (3) Each council or board that is awarded a grant as
 1537  provided for in this section shall submit performance and output
 1538  information as determined by the Department of Children and
 1539  Families Family Services.
 1540         Section 37. Subsection (2) of section 154.067, Florida
 1541  Statutes, is amended to read:
 1542         154.067 Child abuse and neglect cases; duties.—The
 1543  Department of Health shall adopt a rule requiring every county
 1544  health department, as described in s. 154.01, to adopt a
 1545  protocol that, at a minimum, requires the county health
 1546  department to:
 1547         (2) In any case involving suspected child abuse,
 1548  abandonment, or neglect, designate, at the request of the
 1549  department, a staff physician to act as a liaison between the
 1550  county health department and the Department of Children and
 1551  Families Family Services office that is investigating the
 1552  suspected abuse, abandonment, or neglect, and the child
 1553  protection team, as defined in s. 39.01, when the case is
 1554  referred to such a team.
 1555         Section 38. Subsection (3) of section 154.306, Florida
 1556  Statutes, is amended to read:
 1557         154.306 Financial responsibility for certified residents
 1558  who are qualified indigent patients treated at an out-of-county
 1559  participating hospital or regional referral hospital.—Ultimate
 1560  financial responsibility for treatment received at a
 1561  participating hospital or a regional referral hospital by a
 1562  qualified indigent patient who is a certified resident of a
 1563  county in the State of Florida, but is not a resident of the
 1564  county in which the participating hospital or regional referral
 1565  hospital is located, is the obligation of the county of which
 1566  the qualified indigent patient is a resident. Each county shall
 1567  reimburse participating hospitals or regional referral hospitals
 1568  as provided for in this part, and shall provide or arrange for
 1569  indigent eligibility determination procedures and resident
 1570  certification determination procedures as provided for in rules
 1571  developed to implement this part. The agency, or any county
 1572  determining eligibility of a qualified indigent, shall provide
 1573  to the county of residence, upon request, a copy of any
 1574  documents, forms, or other information, as determined by rule,
 1575  which may be used in making an eligibility determination.
 1576         (3) For the purpose of computing the maximum amount that a
 1577  county having a population of 100,000 or less may be required to
 1578  pay, the agency must reduce the official state population
 1579  estimates by the number of inmates and patients residing in the
 1580  county in institutions operated by the Federal Government, the
 1581  Department of Corrections, the Department of Health, or the
 1582  Department of Children and Families Family Services, and by the
 1583  number of active-duty military personnel residing in the county,
 1584  all of whom shall not be considered residents of the county.
 1585  However, a county is entitled to receive the benefit of such a
 1586  reduction in estimated population figures only if the county
 1587  accepts as valid and true, and does not require any
 1588  reverification of, the documentation of financial eligibility
 1589  and county residency which is provided to it by the
 1590  participating hospital or regional referral hospital. The
 1591  participating hospital or regional referral hospital must
 1592  provide documentation that is complete and in the form required
 1593  by s. 154.3105.
 1594         Section 39. Section 166.0445, Florida Statutes, is amended
 1595  to read:
 1596         166.0445 Family day care homes; local zoning regulation.
 1597  The operation of a residence as a family day care home, as
 1598  defined by law, registered or licensed with the Department of
 1599  Children and Families Family Services shall constitute a valid
 1600  residential use for purposes of any local zoning regulations,
 1601  and no such regulation shall require the owner or operator of
 1602  such family day care home to obtain any special exemption or use
 1603  permit or waiver, or to pay any special fee in excess of $50, to
 1604  operate in an area zoned for residential use.
 1605         Section 40. Paragraph (b) of subsection (2) of section
 1606  186.901, Florida Statutes, is amended to read:
 1607         186.901 Population census determination.—
 1608         (2)
 1609         (b) For the purpose of revenue-sharing distribution
 1610  formulas and distribution proportions for the local government
 1611  half-cent sales tax, inmates and patients residing in
 1612  institutions operated by the Federal Government, the Department
 1613  of Corrections, the Department of Health, or the Department of
 1614  Children and Families Family Services shall not be considered to
 1615  be residents of the governmental unit in which the institutions
 1616  are located.
 1617         Section 41. Subsection (2) of section 194.013, Florida
 1618  Statutes, is amended to read:
 1619         194.013 Filing fees for petitions; disposition; waiver.—
 1620         (2) The value adjustment board shall waive the filing fee
 1621  with respect to a petition filed by a taxpayer who demonstrates
 1622  at the time of filing, by an appropriate certificate or other
 1623  documentation issued by the Department of Children and Families
 1624  Family Services and submitted with the petition, that the
 1625  petitioner is then an eligible recipient of temporary assistance
 1626  under chapter 414.
 1627         Section 42. Subsection (3) of section 196.095, Florida
 1628  Statutes, is amended to read:
 1629         196.095 Exemption for a licensed child care facility
 1630  operating in an enterprise zone.—
 1631         (3) The production by the child care facility operator of a
 1632  current license by the Department of Children and Families
 1633  Family Services or local licensing authority and certification
 1634  by the governing body or enterprise zone where the child care
 1635  center is located is prima facie evidence that the child care
 1636  facility owner is entitled to such exemptions.
 1637         Section 43. Paragraph (a) of subsection (2) of section
 1638  212.04, Florida Statutes, is amended to read:
 1639         212.04 Admissions tax; rate, procedure, enforcement.—
 1640         (2)(a)1. No tax shall be levied on admissions to athletic
 1641  or other events sponsored by elementary schools, junior high
 1642  schools, middle schools, high schools, community colleges,
 1643  public or private colleges and universities, deaf and blind
 1644  schools, facilities of the youth services programs of the
 1645  Department of Children and Families Family Services, and state
 1646  correctional institutions when only student, faculty, or inmate
 1647  talent is used. However, this exemption shall not apply to
 1648  admission to athletic events sponsored by a state university,
 1649  and the proceeds of the tax collected on such admissions shall
 1650  be retained and used by each institution to support women’s
 1651  athletics as provided in s. 1006.71(2)(c).
 1652         2.a. No tax shall be levied on dues, membership fees, and
 1653  admission charges imposed by not-for-profit sponsoring
 1654  organizations. To receive this exemption, the sponsoring
 1655  organization must qualify as a not-for-profit entity under the
 1656  provisions of s. 501(c)(3) of the Internal Revenue Code of 1954,
 1657  as amended.
 1658         b. No tax shall be levied on admission charges to an event
 1659  sponsored by a governmental entity, sports authority, or sports
 1660  commission when held in a convention hall, exhibition hall,
 1661  auditorium, stadium, theater, arena, civic center, performing
 1662  arts center, or publicly owned recreational facility and when
 1663  100 percent of the risk of success or failure lies with the
 1664  sponsor of the event and 100 percent of the funds at risk for
 1665  the event belong to the sponsor, and student or faculty talent
 1666  is not exclusively used. As used in this sub-subparagraph, the
 1667  terms “sports authority” and “sports commission” mean a
 1668  nonprofit organization that is exempt from federal income tax
 1669  under s. 501(c)(3) of the Internal Revenue Code and that
 1670  contracts with a county or municipal government for the purpose
 1671  of promoting and attracting sports-tourism events to the
 1672  community with which it contracts.
 1673         3. No tax shall be levied on an admission paid by a
 1674  student, or on the student’s behalf, to any required place of
 1675  sport or recreation if the student’s participation in the sport
 1676  or recreational activity is required as a part of a program or
 1677  activity sponsored by, and under the jurisdiction of, the
 1678  student’s educational institution, provided his or her
 1679  attendance is as a participant and not as a spectator.
 1680         4. No tax shall be levied on admissions to the National
 1681  Football League championship game or Pro Bowl; on admissions to
 1682  any semifinal game or championship game of a national collegiate
 1683  tournament; on admissions to a Major League Baseball, National
 1684  Basketball Association, or National Hockey League all-star game;
 1685  on admissions to the Major League Baseball Home Run Derby held
 1686  before the Major League Baseball All-Star Game; or on admissions
 1687  to the National Basketball Association Rookie Challenge,
 1688  Celebrity Game, 3-Point Shooting Contest, or Slam Dunk
 1689  Challenge.
 1690         5. A participation fee or sponsorship fee imposed by a
 1691  governmental entity as described in s. 212.08(6) for an athletic
 1692  or recreational program is exempt when the governmental entity
 1693  by itself, or in conjunction with an organization exempt under
 1694  s. 501(c)(3) of the Internal Revenue Code of 1954, as amended,
 1695  sponsors, administers, plans, supervises, directs, and controls
 1696  the athletic or recreational program.
 1697         6. Also exempt from the tax imposed by this section to the
 1698  extent provided in this subparagraph are admissions to live
 1699  theater, live opera, or live ballet productions in this state
 1700  which are sponsored by an organization that has received a
 1701  determination from the Internal Revenue Service that the
 1702  organization is exempt from federal income tax under s.
 1703  501(c)(3) of the Internal Revenue Code of 1954, as amended, if
 1704  the organization actively participates in planning and
 1705  conducting the event, is responsible for the safety and success
 1706  of the event, is organized for the purpose of sponsoring live
 1707  theater, live opera, or live ballet productions in this state,
 1708  has more than 10,000 subscribing members and has among the
 1709  stated purposes in its charter the promotion of arts education
 1710  in the communities which it serves, and will receive at least 20
 1711  percent of the net profits, if any, of the events which the
 1712  organization sponsors and will bear the risk of at least 20
 1713  percent of the losses, if any, from the events which it sponsors
 1714  if the organization employs other persons as agents to provide
 1715  services in connection with a sponsored event. Prior to March 1
 1716  of each year, such organization may apply to the department for
 1717  a certificate of exemption for admissions to such events
 1718  sponsored in this state by the organization during the
 1719  immediately following state fiscal year. The application shall
 1720  state the total dollar amount of admissions receipts collected
 1721  by the organization or its agents from such events in this state
 1722  sponsored by the organization or its agents in the year
 1723  immediately preceding the year in which the organization applies
 1724  for the exemption. Such organization shall receive the exemption
 1725  only to the extent of $1.5 million multiplied by the ratio that
 1726  such receipts bear to the total of such receipts of all
 1727  organizations applying for the exemption in such year; however,
 1728  in no event shall such exemption granted to any organization
 1729  exceed 6 percent of such admissions receipts collected by the
 1730  organization or its agents in the year immediately preceding the
 1731  year in which the organization applies for the exemption. Each
 1732  organization receiving the exemption shall report each month to
 1733  the department the total admissions receipts collected from such
 1734  events sponsored by the organization during the preceding month
 1735  and shall remit to the department an amount equal to 6 percent
 1736  of such receipts reduced by any amount remaining under the
 1737  exemption. Tickets for such events sold by such organizations
 1738  shall not reflect the tax otherwise imposed under this section.
 1739         7. Also exempt from the tax imposed by this section are
 1740  entry fees for participation in freshwater fishing tournaments.
 1741         8. Also exempt from the tax imposed by this section are
 1742  participation or entry fees charged to participants in a game,
 1743  race, or other sport or recreational event if spectators are
 1744  charged a taxable admission to such event.
 1745         9. No tax shall be levied on admissions to any postseason
 1746  collegiate football game sanctioned by the National Collegiate
 1747  Athletic Association.
 1748         Section 44. Paragraph (m) of subsection (5) of section
 1749  212.08, Florida Statutes, is amended to read:
 1750         212.08 Sales, rental, use, consumption, distribution, and
 1751  storage tax; specified exemptions.—The sale at retail, the
 1752  rental, the use, the consumption, the distribution, and the
 1753  storage to be used or consumed in this state of the following
 1754  are hereby specifically exempt from the tax imposed by this
 1755  chapter.
 1756         (5) EXEMPTIONS; ACCOUNT OF USE.—
 1757         (m) Educational materials purchased by certain child care
 1758  facilities.—Educational materials, such as glue, paper, paints,
 1759  crayons, unique craft items, scissors, books, and educational
 1760  toys, purchased by a child care facility that meets the
 1761  standards delineated in s. 402.305, is licensed under s.
 1762  402.308, holds a current Gold Seal Quality Care designation
 1763  pursuant to s. 402.281, and provides basic health insurance to
 1764  all employees are exempt from the taxes imposed by this chapter.
 1765  For purposes of this paragraph, the term “basic health
 1766  insurance” shall be defined and promulgated in rules developed
 1767  jointly by the Department of Children and Families Family
 1768  Services, the Agency for Health Care Administration, and the
 1769  Financial Services Commission.
 1770         Section 45. Subsection (16) of section 213.053, Florida
 1771  Statutes, is amended to read:
 1772         213.053 Confidentiality and information sharing.—
 1773         (16)(a) Confidential taxpayer information may be shared
 1774  with the child support enforcement program, which may use the
 1775  information for purposes of program administration, and with the
 1776  Department of Children and Families Family Services for the
 1777  purpose of diligent search activities pursuant to chapter 39.
 1778         (b) Nothing in this subsection authorizes the disclosure of
 1779  information if such disclosure is prohibited by federal law.
 1780  Employees of the child support enforcement program and of the
 1781  Department of Children and Families Family Services are bound by
 1782  the same requirements of confidentiality and the same penalties
 1783  for violation of the requirements as the department.
 1784         Section 46. Paragraph (d) of subsection (2), paragraph (a)
 1785  of subsection (5), and paragraph (c) of subsection (6) of
 1786  section 215.5601, Florida Statutes, are amended to read:
 1787         215.5601 Lawton Chiles Endowment Fund.—
 1788         (2) DEFINITIONS.—As used in this section, the term:
 1789         (d) “State agency” or “state agencies” means the Department
 1790  of Health, the Department of Children and Families Family
 1791  Services, the Department of Elderly Affairs, or the Agency for
 1792  Health Care Administration, or any combination thereof, as the
 1793  context indicates.
 1794         (5) AVAILABILITY OF FUNDS; USES.—
 1795         (a) Funds from the endowment which are available for
 1796  legislative appropriation shall be transferred by the board to
 1797  the Department of Financial Services Tobacco Settlement Clearing
 1798  Trust Fund, created in s. 17.41, and disbursed in accordance
 1799  with the legislative appropriation.
 1800         1. Appropriations by the Legislature to the Department of
 1801  Health from endowment earnings from the principal set aside for
 1802  biomedical research shall be from a category called the James
 1803  and Esther King Biomedical Research Program and shall be
 1804  deposited into the Biomedical Research Trust Fund in the
 1805  Department of Health established in s. 20.435.
 1806         2. Appropriations by the Legislature to the Department of
 1807  Children and Families Family Services, the Department of Health,
 1808  or the Department of Elderly Affairs from endowment earnings for
 1809  health and human services programs shall be deposited into each
 1810  department’s respective Tobacco Settlement Trust Fund as
 1811  appropriated.
 1812         (6) ADVISORY COUNCIL.—The Lawton Chiles Endowment Fund
 1813  Advisory Council is established for the purpose of reviewing the
 1814  funding priorities of the state agencies, evaluating their
 1815  requests against the mission and goals of the agencies and
 1816  legislative intent for the use of endowment funds, and allowing
 1817  for public input and advocacy.
 1818         (c) Members of the advisory council shall serve without
 1819  compensation, but may receive reimbursement as provided in s.
 1820  112.061 for per diem and travel expenses incurred in the
 1821  performance of their official duties. The Department of Children
 1822  and Families Family Services shall provide staff and other
 1823  administrative assistance reasonably necessary to assist the
 1824  advisory council in carrying out its responsibilities.
 1825  Administrative costs of the advisory council shall be charged
 1826  equally to endowment funds deposited in the Department of
 1827  Children and Families Family Services and the Department of
 1828  Elderly Affairs Tobacco Settlement Trust Funds.
 1829         Section 47. Paragraph (b) of subsection (8) of section
 1830  218.65, Florida Statutes, is amended to read:
 1831         218.65 Emergency distribution.—
 1832         (8)
 1833         (b) For the purposes of this subsection, the term:
 1834         1. “Inmate population” means the latest official state
 1835  estimate of the number of inmates and patients residing in
 1836  institutions operated by the Federal Government, the Department
 1837  of Corrections, or the Department of Children and Families
 1838  Family Services.
 1839         2. “Total population” includes inmate population and
 1840  noninmate population.
 1841         Section 48. Subsection (1) of section 252.355, Florida
 1842  Statutes, is amended to read:
 1843         252.355 Registry of persons with special needs; notice.—
 1844         (1) In order to meet the special needs of persons who would
 1845  need assistance during evacuations and sheltering because of
 1846  physical, mental, cognitive impairment, or sensory disabilities,
 1847  each local emergency management agency in the state shall
 1848  maintain a registry of persons with special needs located within
 1849  the jurisdiction of the local agency. The registration shall
 1850  identify those persons in need of assistance and plan for
 1851  resource allocation to meet those identified needs. To assist
 1852  the local emergency management agency in identifying such
 1853  persons, home health agencies, hospices, nurse registries, home
 1854  medical equipment providers, the Department of Children and
 1855  Families Family Services, Department of Health, Agency for
 1856  Health Care Administration, Department of Education, Agency for
 1857  Persons with Disabilities, and Department of Elderly Affairs
 1858  shall provide registration information to all of their special
 1859  needs clients and to all persons with special needs who receive
 1860  services. The registry shall be updated annually. The
 1861  registration program shall give persons with special needs the
 1862  option of preauthorizing emergency response personnel to enter
 1863  their homes during search and rescue operations if necessary to
 1864  assure their safety and welfare following disasters.
 1865         Section 49. Subsection (9) of section 253.034, Florida
 1866  Statutes, is amended to read:
 1867         253.034 State-owned lands; uses.—
 1868         (9) Land management plans required to be submitted by the
 1869  Department of Corrections, the Department of Juvenile Justice,
 1870  the Department of Children and Families Family Services, or the
 1871  Department of Education are not subject to the provisions for
 1872  review by the council or its successor described in subsection
 1873  (5). Management plans filed by these agencies shall be made
 1874  available to the public for a period of 90 days at the
 1875  administrative offices of the parcel or project affected by the
 1876  management plan and at the Tallahassee offices of each agency.
 1877  Any plans not objected to during the public comment period shall
 1878  be deemed approved. Any plans for which an objection is filed
 1879  shall be submitted to the Board of Trustees of the Internal
 1880  Improvement Trust Fund for consideration. The Board of Trustees
 1881  of the Internal Improvement Trust Fund shall approve the plan
 1882  with or without modification, or reject the plan. The use or
 1883  possession of any such lands which is not in accordance with an
 1884  approved land management plan is subject to termination by the
 1885  board.
 1886         Section 50. Paragraph (i) of subsection (4) of section
 1887  282.201, Florida Statutes, is amended to read:
 1888         282.201 State data center system; agency duties and
 1889  limitations.—A state data center system that includes all
 1890  primary data centers, other nonprimary data centers, and
 1891  computing facilities, and that provides an enterprise
 1892  information technology service as defined in s. 282.0041, is
 1893  established.
 1894         (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.—
 1895         (i) During the 2014-2015 fiscal year, the following
 1896  agencies shall work with the Agency for Enterprise Information
 1897  Technology to begin preliminary planning for consolidation into
 1898  a primary data center:
 1899         1. The Department of Health’s Jacksonville Lab Data Center.
 1900         2. The Department of Transportation’s district offices,
 1901  toll offices, and the District Materials Office.
 1902         3. The Department of Military Affairs’ Camp Blanding Joint
 1903  Training Center in Starke.
 1904         4. The Camp Blanding Emergency Operations Center in Starke.
 1905         5. The Department of Education’s Division of Blind Services
 1906  disaster recovery site in Daytona Beach.
 1907         6. The Department of Education’s disaster recovery site at
 1908  Santa Fe College.
 1909         7. The Fish and Wildlife Conservation Commission’s Fish and
 1910  Wildlife Research Institute in St. Petersburg.
 1911         8. The Department of Children and Families Family
 1912  Services Suncoast Data Center in Tampa.
 1913         9. The Department of Children and Families Family
 1914  Services Florida State Hospital in Chattahoochee.
 1915         Section 51. Subsection (3) of section 284.40, Florida
 1916  Statutes, is amended to read:
 1917         284.40 Division of Risk Management.—
 1918         (3) Upon certification by the division director or his or
 1919  her designee to the custodian of any records maintained by the
 1920  Department of Children and Families Family Services, Department
 1921  of Health, Agency for Health Care Administration, or Department
 1922  of Elderly Affairs that such records are necessary to
 1923  investigate a claim against the Department of Children and
 1924  Families Family Services, Department of Health, Agency for
 1925  Health Care Administration, or Department of Elderly Affairs
 1926  being handled by the Division of Risk Management, the records
 1927  shall be released to the division subject to the provisions of
 1928  subsection (2), any conflicting provisions as to the
 1929  confidentiality of such records notwithstanding.
 1930         Section 52. Section 287.0575, Florida Statutes, is amended
 1931  to read:
 1932         287.0575 Coordination of contracted services.—The following
 1933  duties and responsibilities of the Department of Children and
 1934  Families Family Services, the Agency for Persons with
 1935  Disabilities, the Department of Health, the Department of
 1936  Elderly Affairs, and the Department of Veterans’ Affairs, and
 1937  service providers under contract to those agencies, are
 1938  established:
 1939         (1) No later than August 1, 2010, or upon entering into any
 1940  new contract for health and human services, state agencies
 1941  contracting for health and human services must notify their
 1942  contract service providers of the requirements of this section.
 1943         (2) No later than October 1, 2010, contract service
 1944  providers that have more than one contract with one or more
 1945  state agencies to provide health and human services must provide
 1946  to each of their contract managers a comprehensive list of their
 1947  health and human services contracts. The list must include the
 1948  following information:
 1949         (a) The name of each contracting state agency and the
 1950  applicable office or program issuing the contract.
 1951         (b) The identifying name and number of each contract.
 1952         (c) The starting and ending date of each contract.
 1953         (d) The amount of each contract.
 1954         (e) A brief description of the purpose of the contract and
 1955  the types of services provided under each contract.
 1956         (f) The name and contact information of the contract
 1957  manager.
 1958         (3) With respect to contracts entered into on or after
 1959  August 1, 2010, effective November 1, 2010, or 30 days after
 1960  receiving the list provided under subsection (2), a single lead
 1961  administrative coordinator for each contract service provider
 1962  shall be designated as provided in this subsection from among
 1963  the agencies having multiple contracts as provided in subsection
 1964  (2). On or before the date such responsibilities are assumed,
 1965  the designated lead administrative coordinator shall provide
 1966  notice of his or her designation to the contract service
 1967  provider and to the agency contract managers for each affected
 1968  contract. Unless another lead administrative coordinator is
 1969  selected by agreement of all affected contract managers, the
 1970  designated lead administrative coordinator shall be the agency
 1971  contract manager of the contract with the highest dollar value
 1972  over the term of the contract, provided the term of the contract
 1973  remaining at the time of designation exceeds 24 months. If the
 1974  remaining terms of all contracts are 24 months or less, the
 1975  designated lead administrative coordinator shall be the contract
 1976  manager of the contract with the latest end date. A designated
 1977  lead administrative coordinator, or his or her successor as
 1978  contract manager, shall continue as lead administrative
 1979  coordinator until another lead administrative coordinator is
 1980  selected by agreement of all affected contract managers or until
 1981  the end date of the contract for which the designated lead
 1982  administrative coordinator serves as contract manager, at which
 1983  time a new lead administrative coordinator shall be designated
 1984  pursuant to this subsection, if applicable.
 1985         (4) The designated lead administrative coordinator shall be
 1986  responsible for:
 1987         (a) Establishing a coordinated schedule for administrative
 1988  and fiscal monitoring;
 1989         (b) Consulting with other case managers to establish a
 1990  single unified set of required administrative and fiscal
 1991  documentation;
 1992         (c) Consulting with other case managers to establish a
 1993  single unified schedule for periodic updates of administrative
 1994  and fiscal information; and
 1995         (d) Maintaining an accessible electronic file of up-to-date
 1996  administrative and fiscal documents, including, but not limited
 1997  to, corporate documents, membership records, audits, and
 1998  monitoring reports.
 1999         (5) Contract managers for agency contracts other than the
 2000  designated lead administrative coordinator must conduct
 2001  administrative and fiscal monitoring activities in accordance
 2002  with the coordinated schedule and must obtain any necessary
 2003  administrative and fiscal documents from the designated lead
 2004  administrative coordinator’s electronic file.
 2005         (6) This section does not apply to routine program
 2006  performance monitoring or prohibit a contracting agency from
 2007  directly and immediately contacting the service provider when
 2008  the health or safety of clients is at risk.
 2009         (7) Each agency contracting for health and human services
 2010  shall annually evaluate the performance of its designated lead
 2011  administrative coordinator in establishing coordinated systems,
 2012  improving efficiency, and reducing redundant monitoring
 2013  activities for state agencies and their service providers. The
 2014  annual report shall be submitted to the Governor, the President
 2015  of the Senate, and the Speaker of the House of Representatives.
 2016         Section 53. Subsection (1) of section 287.155, Florida
 2017  Statutes, is amended to read:
 2018         287.155 Motor vehicles; purchase by Department of Children
 2019  and Families Family Services, Agency for Persons with
 2020  Disabilities, Department of Health, Department of Juvenile
 2021  Justice, and Department of Corrections.—
 2022         (1) The Department of Children and Families Family
 2023  Services, the Agency for Persons with Disabilities, the
 2024  Department of Health, the Department of Juvenile Justice, and
 2025  the Department of Corrections may, subject to the approval of
 2026  the Department of Management Services, purchase automobiles,
 2027  trucks, tractors, and other automotive equipment for the use of
 2028  institutions or developmental disabilities centers under the
 2029  management of the Department of Children and Families Family
 2030  Services, the Agency for Persons with Disabilities, the
 2031  Department of Health, and the Department of Corrections, and for
 2032  the use of residential facilities managed or contracted by the
 2033  Department of Juvenile Justice.
 2034         Section 54. Paragraph (a) of subsection (6) of section
 2035  288.0656, Florida Statutes, is amended to read:
 2036         288.0656 Rural Economic Development Initiative.—
 2037         (6)(a) By August 1 of each year, the head of each of the
 2038  following agencies and organizations shall designate a deputy
 2039  secretary or higher-level staff person from within the agency or
 2040  organization to serve as the REDI representative for the agency
 2041  or organization:
 2042         1. The Department of Transportation.
 2043         2. The Department of Environmental Protection.
 2044         3. The Department of Agriculture and Consumer Services.
 2045         4. The Department of State.
 2046         5. The Department of Health.
 2047         6. The Department of Children and Families Family Services.
 2048         7. The Department of Corrections.
 2049         8. The Department of Education.
 2050         9. The Department of Juvenile Justice.
 2051         10. The Fish and Wildlife Conservation Commission.
 2052         11. Each water management district.
 2053         12. Enterprise Florida, Inc.
 2054         13. Workforce Florida, Inc.
 2055         14. VISIT Florida.
 2056         15. The Florida Regional Planning Council Association.
 2057         16. The Agency for Health Care Administration.
 2058         17. The Institute of Food and Agricultural Sciences (IFAS).
 2059  
 2060  An alternate for each designee shall also be chosen, and the
 2061  names of the designees and alternates shall be sent to the
 2062  executive director of the department.
 2063         Section 55. Subsection (8) and paragraph (a) of subsection
 2064  (9) of section 288.975, Florida Statutes, are amended to read:
 2065         288.975 Military base reuse plans.—
 2066         (8) At the request of a host local government, the
 2067  department shall coordinate a presubmission workshop concerning
 2068  a military base reuse plan within the boundaries of the host
 2069  jurisdiction. Agencies that shall participate in the workshop
 2070  shall include any affected local governments; the Department of
 2071  Environmental Protection; the department; the Department of
 2072  Transportation; the Department of Health; the Department of
 2073  Children and Families Family Services; the Department of
 2074  Juvenile Justice; the Department of Agriculture and Consumer
 2075  Services; the Department of State; the Fish and Wildlife
 2076  Conservation Commission; and any applicable water management
 2077  districts and regional planning councils. The purposes of the
 2078  workshop shall be to assist the host local government to
 2079  understand issues of concern to the above listed entities
 2080  pertaining to the military base site and to identify
 2081  opportunities for better coordination of planning and review
 2082  efforts with the information and analyses generated by the
 2083  federal environmental impact statement process and the federal
 2084  community base reuse planning process.
 2085         (9) If a host local government elects to use the optional
 2086  provisions of this act, it shall, no later than 12 months after
 2087  notifying the agencies of its intent pursuant to subsection (3)
 2088  either:
 2089         (a) Send a copy of the proposed military base reuse plan
 2090  for review to any affected local governments; the Department of
 2091  Environmental Protection; the department; the Department of
 2092  Transportation; the Department of Health; the Department of
 2093  Children and Families Family Services; the Department of
 2094  Juvenile Justice; the Department of Agriculture and Consumer
 2095  Services; the Department of State; the Fish and Wildlife
 2096  Conservation Commission; and any applicable water management
 2097  districts and regional planning councils, or
 2098         Section 56. Subsection (7) of section 316.6135, Florida
 2099  Statutes, is amended to read:
 2100         316.6135 Leaving children unattended or unsupervised in
 2101  motor vehicles; penalty; authority of law enforcement officer.—
 2102         (7) The child shall be remanded to the custody of the
 2103  Department of Children and Families Family Services pursuant to
 2104  chapter 39, unless the law enforcement officer is able to locate
 2105  the parents or legal guardian or other person responsible for
 2106  the child.
 2107         Section 57. Paragraph (b) of subsection (10) of section
 2108  318.14, Florida Statutes, is amended to read:
 2109         318.14 Noncriminal traffic infractions; exception;
 2110  procedures.—
 2111         (10)
 2112         (b) Any person cited for an offense listed in this
 2113  subsection shall present proof of compliance before the
 2114  scheduled court appearance date. For the purposes of this
 2115  subsection, proof of compliance shall consist of a valid,
 2116  renewed, or reinstated driver license or registration
 2117  certificate and proper proof of maintenance of security as
 2118  required by s. 316.646. Notwithstanding waiver of fine, any
 2119  person establishing proof of compliance shall be assessed court
 2120  costs of $25, except that a person charged with violation of s.
 2121  316.646(1)-(3) may be assessed court costs of $8. One dollar of
 2122  such costs shall be remitted to the Department of Revenue for
 2123  deposit into the Child Welfare Training Trust Fund of the
 2124  Department of Children and Families Family Services. One dollar
 2125  of such costs shall be distributed to the Department of Juvenile
 2126  Justice for deposit into the Juvenile Justice Training Trust
 2127  Fund. Fourteen dollars of such costs shall be distributed to the
 2128  municipality and $9 shall be deposited by the clerk of the court
 2129  into the fine and forfeiture fund established pursuant to s.
 2130  142.01, if the offense was committed within the municipality. If
 2131  the offense was committed in an unincorporated area of a county
 2132  or if the citation was for a violation of s. 316.646(1)-(3), the
 2133  entire amount shall be deposited by the clerk of the court into
 2134  the fine and forfeiture fund established pursuant to s. 142.01,
 2135  except for the moneys to be deposited into the Child Welfare
 2136  Training Trust Fund and the Juvenile Justice Training Trust
 2137  Fund. This subsection does not authorize the operation of a
 2138  vehicle without a valid driver license, without a valid vehicle
 2139  tag and registration, or without the maintenance of required
 2140  security.
 2141         Section 58. Paragraph (a) of subsection (8) of section
 2142  320.0848, Florida Statutes, is amended to read:
 2143         320.0848 Persons who have disabilities; issuance of
 2144  disabled parking permits; temporary permits; permits for certain
 2145  providers of transportation services to persons who have
 2146  disabilities.—
 2147         (8) A law enforcement officer or a parking enforcement
 2148  specialist may confiscate the disabled parking permit from any
 2149  person who fraudulently obtains or unlawfully uses such a
 2150  permit. A law enforcement officer or a parking enforcement
 2151  specialist may confiscate any disabled parking permit that is
 2152  expired, reported as lost or stolen, or defaced or that does not
 2153  display a personal identification number.
 2154         (a) The permit number of each confiscated permit must be
 2155  submitted to the department, and the fact that the permit has
 2156  been confiscated must be noted on the permitholder’s record. If
 2157  two permits issued to the same person have been confiscated, the
 2158  department shall refer the information to the central abuse
 2159  hotline of the Department of Children and Families Family
 2160  Services for an investigation of potential abuse, neglect, or
 2161  exploitation of the permit owner.
 2162         Section 59. Subsections (1), (2), (3), and (4) of section
 2163  322.055, Florida Statutes, are amended to read:
 2164         322.055 Revocation or suspension of, or delay of
 2165  eligibility for, driver’s license for persons 18 years of age or
 2166  older convicted of certain drug offenses.—
 2167         (1) Notwithstanding the provisions of s. 322.28, upon the
 2168  conviction of a person 18 years of age or older for possession
 2169  or sale of, trafficking in, or conspiracy to possess, sell, or
 2170  traffic in a controlled substance, the court shall direct the
 2171  department to revoke the driver’s license or driving privilege
 2172  of the person. The period of such revocation shall be 2 years or
 2173  until the person is evaluated for and, if deemed necessary by
 2174  the evaluating agency, completes a drug treatment and
 2175  rehabilitation program approved or regulated by the Department
 2176  of Children and Families Family Services. However, the court
 2177  may, in its sound discretion, direct the department to issue a
 2178  license for driving privileges restricted to business or
 2179  employment purposes only, as defined by s. 322.271, if the
 2180  person is otherwise qualified for such a license. A driver whose
 2181  license or driving privilege has been suspended or revoked under
 2182  this section or s. 322.056 may, upon the expiration of 6 months,
 2183  petition the department for restoration of the driving privilege
 2184  on a restricted or unrestricted basis depending on length of
 2185  suspension or revocation. In no case shall a restricted license
 2186  be available until 6 months of the suspension or revocation
 2187  period has expired.
 2188         (2) If a person 18 years of age or older is convicted for
 2189  the possession or sale of, trafficking in, or conspiracy to
 2190  possess, sell, or traffic in a controlled substance and such
 2191  person is eligible by reason of age for a driver’s license or
 2192  privilege, the court shall direct the department to withhold
 2193  issuance of such person’s driver’s license or driving privilege
 2194  for a period of 2 years after the date the person was convicted
 2195  or until the person is evaluated for and, if deemed necessary by
 2196  the evaluating agency, completes a drug treatment and
 2197  rehabilitation program approved or regulated by the Department
 2198  of Children and Families Family Services. However, the court
 2199  may, in its sound discretion, direct the department to issue a
 2200  license for driving privileges restricted to business or
 2201  employment purposes only, as defined by s. 322.271, if the
 2202  person is otherwise qualified for such a license. A driver whose
 2203  license or driving privilege has been suspended or revoked under
 2204  this section or s. 322.056 may, upon the expiration of 6 months,
 2205  petition the department for restoration of the driving privilege
 2206  on a restricted or unrestricted basis depending on the length of
 2207  suspension or revocation. In no case shall a restricted license
 2208  be available until 6 months of the suspension or revocation
 2209  period has expired.
 2210         (3) If a person 18 years of age or older is convicted for
 2211  the possession or sale of, trafficking in, or conspiracy to
 2212  possess, sell, or traffic in a controlled substance and such
 2213  person’s driver’s license or driving privilege is already under
 2214  suspension or revocation for any reason, the court shall direct
 2215  the department to extend the period of such suspension or
 2216  revocation by an additional period of 2 years or until the
 2217  person is evaluated for and, if deemed necessary by the
 2218  evaluating agency, completes a drug treatment and rehabilitation
 2219  program approved or regulated by the Department of Children and
 2220  Families Family Services. However, the court may, in its sound
 2221  discretion, direct the department to issue a license for driving
 2222  privileges restricted to business or employment purposes only,
 2223  as defined by s. 322.271, if the person is otherwise qualified
 2224  for such a license. A driver whose license or driving privilege
 2225  has been suspended or revoked under this section or s. 322.056
 2226  may, upon the expiration of 6 months, petition the department
 2227  for restoration of the driving privilege on a restricted or
 2228  unrestricted basis depending on the length of suspension or
 2229  revocation. In no case shall a restricted license be available
 2230  until 6 months of the suspension or revocation period has
 2231  expired.
 2232         (4) If a person 18 years of age or older is convicted for
 2233  the possession or sale of, trafficking in, or conspiracy to
 2234  possess, sell, or traffic in a controlled substance and such
 2235  person is ineligible by reason of age for a driver’s license or
 2236  driving privilege, the court shall direct the department to
 2237  withhold issuance of such person’s driver’s license or driving
 2238  privilege for a period of 2 years after the date that he or she
 2239  would otherwise have become eligible or until he or she becomes
 2240  eligible by reason of age for a driver’s license and is
 2241  evaluated for and, if deemed necessary by the evaluating agency,
 2242  completes a drug treatment and rehabilitation program approved
 2243  or regulated by the Department of Children and Families Family
 2244  Services. However, the court may, in its sound discretion,
 2245  direct the department to issue a license for driving privileges
 2246  restricted to business or employment purposes only, as defined
 2247  by s. 322.271, if the person is otherwise qualified for such a
 2248  license. A driver whose license or driving privilege has been
 2249  suspended or revoked under this section or s. 322.056 may, upon
 2250  the expiration of 6 months, petition the department for
 2251  restoration of the driving privilege on a restricted or
 2252  unrestricted basis depending on the length of suspension or
 2253  revocation. In no case shall a restricted license be available
 2254  until 6 months of the suspension or revocation period has
 2255  expired.
 2256         Section 60. Paragraph (g) of subsection (2) of section
 2257  364.10, Florida Statutes, is amended to read:
 2258         364.10 Lifeline service.—
 2259         (2)
 2260         (g)1. By December 31, 2010, each state agency that provides
 2261  benefits to persons eligible for Lifeline service shall
 2262  undertake, in cooperation with the Department of Children and
 2263  Families Family Services, the Department of Education, the
 2264  commission, the Office of Public Counsel, and telecommunications
 2265  companies designated eligible telecommunications carriers
 2266  providing Lifeline services, the development of procedures to
 2267  promote Lifeline participation. The departments, the commission,
 2268  and the Office of Public Counsel may exchange sufficient
 2269  information with the appropriate eligible telecommunications
 2270  carriers and any commercial mobile radio service provider
 2271  electing to provide Lifeline service under paragraph (a), such
 2272  as a person’s name, date of birth, service address, and
 2273  telephone number, so that the carriers can identify and enroll
 2274  an eligible person in the Lifeline and Link-Up programs. The
 2275  information remains confidential pursuant to s. 364.107 and may
 2276  only be used for purposes of determining eligibility and
 2277  enrollment in the Lifeline and Link-Up programs.
 2278         2. If any state agency determines that a person is eligible
 2279  for Lifeline services, the agency shall immediately forward the
 2280  information to the commission to ensure that the person is
 2281  automatically enrolled in the program with the appropriate
 2282  eligible telecommunications carrier. The state agency shall
 2283  include an option for an eligible customer to choose not to
 2284  subscribe to the Lifeline service. The Public Service Commission
 2285  and the Department of Children and Families Family Services
 2286  shall, no later than December 31, 2007, adopt rules creating
 2287  procedures to automatically enroll eligible customers in
 2288  Lifeline service.
 2289         3. By December 31, 2010, the commission, the Department of
 2290  Children and Families Family Services, the Office of Public
 2291  Counsel, and each eligible telecommunications carrier offering
 2292  Lifeline and Link-Up services shall convene a Lifeline Workgroup
 2293  to discuss how the eligible subscriber information in
 2294  subparagraph 1. will be shared, the obligations of each party
 2295  with respect to the use of that information, and the procedures
 2296  to be implemented to increase enrollment and verify eligibility
 2297  in these programs.
 2298         Section 61. Paragraphs (g) and (h) of subsection (2) of
 2299  section 379.353, Florida Statutes, are amended to read:
 2300         379.353 Recreational licenses and permits; exemptions from
 2301  fees and requirements.—
 2302         (2) A hunting, freshwater fishing, or saltwater fishing
 2303  license or permit is not required for:
 2304         (g) Any person fishing who has been accepted as a client
 2305  for developmental disabilities services by the Department of
 2306  Children and Families Family Services, provided the department
 2307  furnishes proof thereof.
 2308         (h) Any resident saltwater fishing from land or from a
 2309  structure fixed to the land who has been determined eligible by
 2310  the Department of Children and Families Family Services for the
 2311  food assistance program, temporary cash assistance, or the
 2312  Medicaid programs. A benefit issuance or program identification
 2313  card issued by the Department of Children and Families Family
 2314  Services or the Florida Medicaid program of the Agency for
 2315  Health Care Administration shall serve as proof of program
 2316  eligibility. The client must have in his or her possession the
 2317  ID card and positive proof of identification when fishing.
 2318         Section 62. Subsection (1) of section 381.0022, Florida
 2319  Statutes, is amended to read:
 2320         381.0022 Sharing confidential or exempt information.—
 2321         (1) Notwithstanding any other provision of law to the
 2322  contrary, the Department of Health and the Department of
 2323  Children and Families Family Services may share confidential
 2324  information or information exempt from disclosure under chapter
 2325  119 on any individual who is or has been the subject of a
 2326  program within the jurisdiction of each agency. Information so
 2327  exchanged remains confidential or exempt as provided by law.
 2328         Section 63. Subsection (18) of section 381.006, Florida
 2329  Statutes, is amended to read:
 2330         381.006 Environmental health.—The department shall conduct
 2331  an environmental health program as part of fulfilling the
 2332  state’s public health mission. The purpose of this program is to
 2333  detect and prevent disease caused by natural and manmade factors
 2334  in the environment. The environmental health program shall
 2335  include, but not be limited to:
 2336         (18) A food service inspection function for domestic
 2337  violence centers that are certified by the Department of
 2338  Children and Families Family Services and monitored by the
 2339  Florida Coalition Against Domestic Violence under part XII of
 2340  chapter 39 and group care homes as described in subsection (16),
 2341  which shall be conducted annually and be limited to the
 2342  requirements in department rule applicable to community-based
 2343  residential facilities with five or fewer residents.
 2344  
 2345  The department may adopt rules to carry out the provisions of
 2346  this section.
 2347         Section 64. Paragraph (b) of subsection (1) and paragraph
 2348  (a) of subsection (2) of section 381.0072, Florida Statutes, are
 2349  amended to read:
 2350         381.0072 Food service protection.—It shall be the duty of
 2351  the Department of Health to adopt and enforce sanitation rules
 2352  consistent with law to ensure the protection of the public from
 2353  food-borne illness. These rules shall provide the standards and
 2354  requirements for the storage, preparation, serving, or display
 2355  of food in food service establishments as defined in this
 2356  section and which are not permitted or licensed under chapter
 2357  500 or chapter 509.
 2358         (1) DEFINITIONS.—As used in this section, the term:
 2359         (b) “Food service establishment” means detention
 2360  facilities, public or private schools, migrant labor camps,
 2361  assisted living facilities, facilities participating in the
 2362  United States Department of Agriculture Afterschool Meal Program
 2363  that are located at a facility or site that is not inspected by
 2364  another state agency for compliance with sanitation standards,
 2365  adult family-care homes, adult day care centers, short-term
 2366  residential treatment centers, residential treatment facilities,
 2367  homes for special services, transitional living facilities,
 2368  crisis stabilization units, hospices, prescribed pediatric
 2369  extended care centers, intermediate care facilities for persons
 2370  with developmental disabilities, boarding schools, civic or
 2371  fraternal organizations, bars and lounges, vending machines that
 2372  dispense potentially hazardous foods at facilities expressly
 2373  named in this paragraph, and facilities used as temporary food
 2374  events or mobile food units at any facility expressly named in
 2375  this paragraph, where food is prepared and intended for
 2376  individual portion service, including the site at which
 2377  individual portions are provided, regardless of whether
 2378  consumption is on or off the premises and regardless of whether
 2379  there is a charge for the food. The term does not include any
 2380  entity not expressly named in this paragraph; nor does the term
 2381  include a domestic violence center certified by the Department
 2382  of Children and Families Family Services and monitored by the
 2383  Florida Coalition Against Domestic Violence under part XII of
 2384  chapter 39 if the center does not prepare and serve food to its
 2385  residents and does not advertise food or drink for public
 2386  consumption.
 2387         (2) DUTIES.—
 2388         (a) The department may advise and consult with the Agency
 2389  for Health Care Administration, the Department of Business and
 2390  Professional Regulation, the Department of Agriculture and
 2391  Consumer Services, and the Department of Children and Families
 2392  Family Services concerning procedures related to the storage,
 2393  preparation, serving, or display of food at any building,
 2394  structure, or facility not expressly included in this section
 2395  that is inspected, licensed, or regulated by those agencies.
 2396         Section 65. Paragraph (e) of subsection (2) and paragraph
 2397  (b) of subsection (5) of section 381.0303, Florida Statutes, are
 2398  amended to read:
 2399         381.0303 Special needs shelters.—
 2400         (2) SPECIAL NEEDS SHELTER PLAN; STAFFING; STATE AGENCY
 2401  ASSISTANCE.—If funds have been appropriated to support disaster
 2402  coordinator positions in county health departments:
 2403         (e) The Secretary of Elderly Affairs, or his or her
 2404  designee, shall convene, at any time that he or she deems
 2405  appropriate and necessary, a multiagency special needs shelter
 2406  discharge planning team to assist local areas that are severely
 2407  impacted by a natural or manmade disaster that requires the use
 2408  of special needs shelters. Multiagency special needs shelter
 2409  discharge planning teams shall provide assistance to local
 2410  emergency management agencies with the continued operation or
 2411  closure of the shelters, as well as with the discharge of
 2412  special needs clients to alternate facilities if necessary.
 2413  Local emergency management agencies may request the assistance
 2414  of a multiagency special needs shelter discharge planning team
 2415  by alerting statewide emergency management officials of the
 2416  necessity for additional assistance in their area. The Secretary
 2417  of Elderly Affairs is encouraged to proactively work with other
 2418  state agencies prior to any natural disasters for which warnings
 2419  are provided to ensure that multiagency special needs shelter
 2420  discharge planning teams are ready to assemble and deploy
 2421  rapidly upon a determination by state emergency management
 2422  officials that a disaster area requires additional assistance.
 2423  The Secretary of Elderly Affairs may call upon any state agency
 2424  or office to provide staff to assist a multiagency special needs
 2425  shelter discharge planning team. Unless the secretary determines
 2426  that the nature or circumstances surrounding the disaster do not
 2427  warrant participation from a particular agency’s staff, each
 2428  multiagency special needs shelter discharge planning team shall
 2429  include at least one representative from each of the following
 2430  state agencies:
 2431         1. Department of Elderly Affairs.
 2432         2. Department of Health.
 2433         3. Department of Children and Families Family Services.
 2434         4. Department of Veterans’ Affairs.
 2435         5. Division of Emergency Management.
 2436         6. Agency for Health Care Administration.
 2437         7. Agency for Persons with Disabilities.
 2438         (5) SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.—The State
 2439  Surgeon General may establish a special needs shelter
 2440  interagency committee and serve as, or appoint a designee to
 2441  serve as, the committee’s chair. The department shall provide
 2442  any necessary staff and resources to support the committee in
 2443  the performance of its duties. The committee shall address and
 2444  resolve problems related to special needs shelters not addressed
 2445  in the state comprehensive emergency medical plan and shall
 2446  consult on the planning and operation of special needs shelters.
 2447         (b) The special needs shelter interagency committee shall
 2448  be composed of representatives of emergency management, health,
 2449  medical, and social services organizations. Membership shall
 2450  include, but shall not be limited to, representatives of the
 2451  Departments of Health, Children and Families Family Services,
 2452  Elderly Affairs, and Education; the Agency for Health Care
 2453  Administration; the Division of Emergency Management; the
 2454  Florida Medical Association; the Florida Osteopathic Medical
 2455  Association; Associated Home Health Industries of Florida, Inc.;
 2456  the Florida Nurses Association; the Florida Health Care
 2457  Association; the Florida Assisted Living Affiliation; the
 2458  Florida Hospital Association; the Florida Statutory Teaching
 2459  Hospital Council; the Florida Association of Homes for the
 2460  Aging; the Florida Emergency Preparedness Association; the
 2461  American Red Cross; Florida Hospices and Palliative Care, Inc.;
 2462  the Association of Community Hospitals and Health Systems; the
 2463  Florida Association of Health Maintenance Organizations; the
 2464  Florida League of Health Systems; the Private Care Association;
 2465  the Salvation Army; the Florida Association of Aging Services
 2466  Providers; the AARP; and the Florida Renal Coalition.
 2467         Section 66. Subsection (5) of section 381.0407, Florida
 2468  Statutes, is amended to read:
 2469         381.0407 Managed care and publicly funded primary care
 2470  program coordination.—
 2471         (5) EMERGENCY SHELTER MEDICAL SCREENING REIMBURSEMENT.
 2472  County health departments shall be reimbursed by managed care
 2473  plans, and the MediPass program as administered by the Agency
 2474  for Health Care Administration, for clients of the Department of
 2475  Children and Families Family Services who receive emergency
 2476  shelter medical screenings.
 2477         Section 67. Paragraph (e) of subsection (1) of section
 2478  382.016, Florida Statutes, is amended to read:
 2479         382.016 Amendment of records.—The department, upon receipt
 2480  of the fee prescribed in s. 382.0255; documentary evidence, as
 2481  specified by rule, of any misstatement, error, or omission
 2482  occurring in any birth, death, or fetal death record; and an
 2483  affidavit setting forth the changes to be made, shall amend or
 2484  replace the original certificate as necessary.
 2485         (1) CERTIFICATE OF LIVE BIRTH AMENDMENT.—
 2486         (e) The Department of Revenue shall develop written
 2487  educational materials for use and distribution by the Department
 2488  of Children and Families Family Services, Department of
 2489  Corrections, Department of Education, Department of Health, and
 2490  Department of Juvenile Justice that describe how paternity is
 2491  established and the benefits of establishing paternity. The
 2492  Department of Children and Families Family Services, Department
 2493  of Corrections, Department of Education, Department of Health,
 2494  and Department of Juvenile Justice shall make the materials
 2495  available to individuals to whom services are provided and are
 2496  encouraged to provide additional education on how paternity is
 2497  established and the benefits of establishing paternity.
 2498         Section 68. Paragraph (g) of subsection (1) of section
 2499  383.011, Florida Statutes, is amended to read:
 2500         383.011 Administration of maternal and child health
 2501  programs.—
 2502         (1) The Department of Health is designated as the state
 2503  agency for:
 2504         (g) Receiving the federal funds for the “Special
 2505  Supplemental Nutrition Program for Women, Infants, and
 2506  Children,” or WIC, authorized by the Child Nutrition Act of
 2507  1966, as amended, and for providing clinical leadership for the
 2508  statewide WIC program.
 2509         1. The department shall establish an interagency agreement
 2510  with the Department of Children and Families Family Services for
 2511  fiscal management of the program. Responsibilities are delegated
 2512  to each department, as follows:
 2513         a. The department shall provide clinical leadership, manage
 2514  program eligibility, and distribute nutritional guidance and
 2515  information to participants.
 2516         b. The Department of Children and Families Family Services
 2517  shall develop and implement an electronic benefits transfer
 2518  system.
 2519         c. The Department of Children and Families Family Services
 2520  shall develop a cost containment plan that provides timely and
 2521  accurate adjustments based on wholesale price fluctuations and
 2522  adjusts for the number of cash registers in calculating
 2523  statewide averages.
 2524         d. The department shall coordinate submission of
 2525  information to appropriate federal officials in order to obtain
 2526  approval of the electronic benefits system and cost containment
 2527  plan, which must include participation of WIC-only stores.
 2528         2. The department shall assist the Department of Children
 2529  and Families Family Services in the development of the
 2530  electronic benefits system to ensure full implementation no
 2531  later than July 1, 2013.
 2532         Section 69. Subsection (2), paragraph (b) of subsection
 2533  (8), and subsection (18) of section 383.402, Florida Statutes,
 2534  are amended to read:
 2535         383.402 Child abuse death review; State Child Abuse Death
 2536  Review Committee; local child abuse death review committees.—
 2537         (2)(a) The State Child Abuse Death Review Committee is
 2538  established within the Department of Health and shall consist of
 2539  a representative of the Department of Health, appointed by the
 2540  State Surgeon General, who shall serve as the state committee
 2541  coordinator. The head of each of the following agencies or
 2542  organizations shall also appoint a representative to the state
 2543  committee:
 2544         1. The Department of Legal Affairs.
 2545         2. The Department of Children and Families Family Services.
 2546         3. The Department of Law Enforcement.
 2547         4. The Department of Education.
 2548         5. The Florida Prosecuting Attorneys Association, Inc.
 2549         6. The Florida Medical Examiners Commission, whose
 2550  representative must be a forensic pathologist.
 2551         (b) In addition, the State Surgeon General shall appoint
 2552  the following members to the state committee, based on
 2553  recommendations from the Department of Health and the agencies
 2554  listed in paragraph (a), and ensuring that the committee
 2555  represents the regional, gender, and ethnic diversity of the
 2556  state to the greatest extent possible:
 2557         1. A board-certified pediatrician.
 2558         2. A public health nurse.
 2559         3. A mental health professional who treats children or
 2560  adolescents.
 2561         4. An employee of the Department of Children and Families
 2562  Family Services who supervises family services counselors and
 2563  who has at least 5 years of experience in child protective
 2564  investigations.
 2565         5. The medical director of a child protection team.
 2566         6. A member of a child advocacy organization.
 2567         7. A social worker who has experience in working with
 2568  victims and perpetrators of child abuse.
 2569         8. A person trained as a paraprofessional in patient
 2570  resources who is employed in a child abuse prevention program.
 2571         9. A law enforcement officer who has at least 5 years of
 2572  experience in children’s issues.
 2573         10. A representative of the Florida Coalition Against
 2574  Domestic Violence.
 2575         11. A representative from a private provider of programs on
 2576  preventing child abuse and neglect.
 2577         (8) Notwithstanding any other law, the chairperson of the
 2578  State Child Abuse Death Review Committee, or the chairperson of
 2579  a local committee, shall be provided with access to any
 2580  information or records that pertain to a child whose death is
 2581  being reviewed by the committee and that are necessary for the
 2582  committee to carry out its duties, including information or
 2583  records that pertain to the child’s family, as follows:
 2584         (b) Information or records of any state agency or political
 2585  subdivision which might assist a committee in reviewing a
 2586  child’s death, including, but not limited to, information or
 2587  records of the Department of Children and Families Family
 2588  Services, the Department of Health, the Department of Education,
 2589  or the Department of Juvenile Justice.
 2590         (18) Each district administrator of the Department of
 2591  Children and Families Family Services must appoint a child abuse
 2592  death review coordinator for the district. The coordinator must
 2593  have knowledge and expertise in the area of child abuse and
 2594  neglect. The coordinator’s general responsibilities include:
 2595         (a) Coordinating with the local child abuse death review
 2596  committee.
 2597         (b) Ensuring the appropriate implementation of the child
 2598  abuse death review process and all district activities related
 2599  to the review of child abuse deaths.
 2600         (c) Working with the committee to ensure that the reviews
 2601  are thorough and that all issues are appropriately addressed.
 2602         (d) Maintaining a system of logging child abuse deaths
 2603  covered by this procedure and tracking cases during the child
 2604  abuse death review process.
 2605         (e) Conducting or arranging for a Florida Abuse Hotline
 2606  Information System (FAHIS) record check on all child abuse
 2607  deaths covered by this procedure to determine whether there were
 2608  any prior reports concerning the child or concerning any
 2609  siblings, other children, or adults in the home.
 2610         (f) Coordinating child abuse death review activities, as
 2611  needed, with individuals in the community and the Department of
 2612  Health.
 2613         (g) Notifying the district administrator, the Secretary of
 2614  Children and Families Family Services, the Deputy Secretary for
 2615  Children’s Medical Services, and the Department of Health Child
 2616  Abuse Death Review Coordinator of all child abuse deaths meeting
 2617  criteria for review as specified in this section within 1
 2618  working day after verifying the child’s death was due to abuse,
 2619  neglect, or abandonment.
 2620         (h) Ensuring that all critical issues identified by the
 2621  local child abuse death review committee are brought to the
 2622  attention of the district administrator and the Secretary of
 2623  Children and Families Family Services.
 2624         (i) Providing technical assistance to the local child abuse
 2625  death review committee during the review of any child abuse
 2626  death.
 2627         Section 70. Subsection (5) of section 393.002, Florida
 2628  Statutes, is amended to read:
 2629         393.002 Transfer of Florida Developmental Disabilities
 2630  Council as formerly created in this chapter to private nonprofit
 2631  corporation.—
 2632         (5) Pursuant to the applicable provisions of chapter 284,
 2633  the Division of Risk Management of the Department of Financial
 2634  Services is authorized to insure this nonprofit corporation
 2635  under the same general terms and conditions as the Florida
 2636  Developmental Disabilities Council was insured in the Department
 2637  of Children and Families Family Services by the division prior
 2638  to the transfer of its functions authorized by this section.
 2639         Section 71. Paragraph (b) of subsection (5) of section
 2640  393.065, Florida Statutes, is amended to read:
 2641         393.065 Application and eligibility determination.—
 2642         (5) Except as otherwise directed by law, beginning July 1,
 2643  2010, the agency shall assign and provide priority to clients
 2644  waiting for waiver services in the following order:
 2645         (b) Category 2, which includes children on the wait list
 2646  who are from the child welfare system with an open case in the
 2647  Department of Children and Families Family Services statewide
 2648  automated child welfare information system.
 2649  
 2650  Within categories 3, 4, 5, 6, and 7, the agency shall maintain a
 2651  wait list of clients placed in the order of the date that the
 2652  client is determined eligible for waiver services.
 2653         Section 72. Paragraph (a) of subsection (1) and subsection
 2654  (3) of section 393.0661, Florida Statutes, are amended to read:
 2655         393.0661 Home and community-based services delivery system;
 2656  comprehensive redesign.—The Legislature finds that the home and
 2657  community-based services delivery system for persons with
 2658  developmental disabilities and the availability of appropriated
 2659  funds are two of the critical elements in making services
 2660  available. Therefore, it is the intent of the Legislature that
 2661  the Agency for Persons with Disabilities shall develop and
 2662  implement a comprehensive redesign of the system.
 2663         (1) The redesign of the home and community-based services
 2664  system shall include, at a minimum, all actions necessary to
 2665  achieve an appropriate rate structure, client choice within a
 2666  specified service package, appropriate assessment strategies, an
 2667  efficient billing process that contains reconciliation and
 2668  monitoring components, and a redefined role for support
 2669  coordinators that avoids potential conflicts of interest and
 2670  ensures that family/client budgets are linked to levels of need.
 2671         (a) The agency shall use an assessment instrument that the
 2672  agency deems to be reliable and valid, including, but not
 2673  limited to, the Department of Children and Families Family
 2674  Services Individual Cost Guidelines or the agency’s
 2675  Questionnaire for Situational Information. The agency may
 2676  contract with an external vendor or may use support coordinators
 2677  to complete client assessments if it develops sufficient
 2678  safeguards and training to ensure ongoing inter-rater
 2679  reliability.
 2680         (3) The Agency for Health Care Administration, in
 2681  consultation with the agency, shall seek federal approval and
 2682  implement a four-tiered waiver system to serve eligible clients
 2683  through the developmental disabilities and family and supported
 2684  living waivers. For the purpose of this waiver program, eligible
 2685  clients shall include individuals with a diagnosis of Down
 2686  syndrome or a developmental disability as defined in s. 393.063.
 2687  The agency shall assign all clients receiving services through
 2688  the developmental disabilities waiver to a tier based on the
 2689  Department of Children and Families Family Services Individual
 2690  Cost Guidelines, the agency’s Questionnaire for Situational
 2691  Information, or another such assessment instrument deemed to be
 2692  valid and reliable by the agency; client characteristics,
 2693  including, but not limited to, age; and other appropriate
 2694  assessment methods.
 2695         (a) Tier one is limited to clients who have service needs
 2696  that cannot be met in tier two, three, or four for intensive
 2697  medical or adaptive needs and that are essential for avoiding
 2698  institutionalization, or who possess behavioral problems that
 2699  are exceptional in intensity, duration, or frequency and present
 2700  a substantial risk of harm to themselves or others. Total annual
 2701  expenditures under tier one may not exceed $150,000 per client
 2702  each year, provided that expenditures for clients in tier one
 2703  with a documented medical necessity requiring intensive
 2704  behavioral residential habilitation services, intensive
 2705  behavioral residential habilitation services with medical needs,
 2706  or special medical home care, as provided in the Developmental
 2707  Disabilities Waiver Services Coverage and Limitations Handbook,
 2708  are not subject to the $150,000 limit on annual expenditures.
 2709         (b) Tier two is limited to clients whose service needs
 2710  include a licensed residential facility and who are authorized
 2711  to receive a moderate level of support for standard residential
 2712  habilitation services or a minimal level of support for behavior
 2713  focus residential habilitation services, or clients in supported
 2714  living who receive more than 6 hours a day of in-home support
 2715  services. Total annual expenditures under tier two may not
 2716  exceed $53,625 per client each year.
 2717         (c) Tier three includes, but is not limited to, clients
 2718  requiring residential placements, clients in independent or
 2719  supported living situations, and clients who live in their
 2720  family home. Total annual expenditures under tier three may not
 2721  exceed $34,125 per client each year.
 2722         (d) Tier four includes individuals who were enrolled in the
 2723  family and supported living waiver on July 1, 2007, who shall be
 2724  assigned to this tier without the assessments required by this
 2725  section. Tier four also includes, but is not limited to, clients
 2726  in independent or supported living situations and clients who
 2727  live in their family home. Total annual expenditures under tier
 2728  four may not exceed $14,422 per client each year.
 2729         (e) The Agency for Health Care Administration shall also
 2730  seek federal approval to provide a consumer-directed option for
 2731  persons with developmental disabilities which corresponds to the
 2732  funding levels in each of the waiver tiers. The agency shall
 2733  implement the four-tiered waiver system beginning with tiers
 2734  one, three, and four and followed by tier two. The agency and
 2735  the Agency for Health Care Administration may adopt rules
 2736  necessary to administer this subsection.
 2737         (f) The agency shall seek federal waivers and amend
 2738  contracts as necessary to make changes to services defined in
 2739  federal waiver programs administered by the agency as follows:
 2740         1. Supported living coaching services may not exceed 20
 2741  hours per month for persons who also receive in-home support
 2742  services.
 2743         2. Limited support coordination services is the only type
 2744  of support coordination service that may be provided to persons
 2745  under the age of 18 who live in the family home.
 2746         3. Personal care assistance services are limited to 180
 2747  hours per calendar month and may not include rate modifiers.
 2748  Additional hours may be authorized for persons who have
 2749  intensive physical, medical, or adaptive needs if such hours are
 2750  essential for avoiding institutionalization.
 2751         4. Residential habilitation services are limited to 8 hours
 2752  per day. Additional hours may be authorized for persons who have
 2753  intensive medical or adaptive needs and if such hours are
 2754  essential for avoiding institutionalization, or for persons who
 2755  possess behavioral problems that are exceptional in intensity,
 2756  duration, or frequency and present a substantial risk of harming
 2757  themselves or others. This restriction shall be in effect until
 2758  the four-tiered waiver system is fully implemented.
 2759         5. Chore services, nonresidential support services, and
 2760  homemaker services are eliminated. The agency shall expand the
 2761  definition of in-home support services to allow the service
 2762  provider to include activities previously provided in these
 2763  eliminated services.
 2764         6. Massage therapy, medication review, and psychological
 2765  assessment services are eliminated.
 2766         7. The agency shall conduct supplemental cost plan reviews
 2767  to verify the medical necessity of authorized services for plans
 2768  that have increased by more than 8 percent during either of the
 2769  2 preceding fiscal years.
 2770         8. The agency shall implement a consolidated residential
 2771  habilitation rate structure to increase savings to the state
 2772  through a more cost-effective payment method and establish
 2773  uniform rates for intensive behavioral residential habilitation
 2774  services.
 2775         9. Pending federal approval, the agency may extend current
 2776  support plans for clients receiving services under Medicaid
 2777  waivers for 1 year beginning July 1, 2007, or from the date
 2778  approved, whichever is later. Clients who have a substantial
 2779  change in circumstances which threatens their health and safety
 2780  may be reassessed during this year in order to determine the
 2781  necessity for a change in their support plan.
 2782         10. The agency shall develop a plan to eliminate
 2783  redundancies and duplications between in-home support services,
 2784  companion services, personal care services, and supported living
 2785  coaching by limiting or consolidating such services.
 2786         11. The agency shall develop a plan to reduce the intensity
 2787  and frequency of supported employment services to clients in
 2788  stable employment situations who have a documented history of at
 2789  least 3 years’ employment with the same company or in the same
 2790  industry.
 2791         Section 73. Paragraph (b) of subsection (1) and subsection
 2792  (2) of section 393.0673, Florida Statutes, are amended to read:
 2793         393.0673 Denial, suspension, or revocation of license;
 2794  moratorium on admissions; administrative fines; procedures.—
 2795         (1) The agency may revoke or suspend a license or impose an
 2796  administrative fine, not to exceed $1,000 per violation per day,
 2797  if:
 2798         (b) The Department of Children and Families Family Services
 2799  has verified that the licensee is responsible for the abuse,
 2800  neglect, or abandonment of a child or the abuse, neglect, or
 2801  exploitation of a vulnerable adult.
 2802         (2) The agency may deny an application for licensure
 2803  submitted under s. 393.067 if:
 2804         (a) The applicant has:
 2805         1. Falsely represented or omitted a material fact in its
 2806  license application submitted under s. 393.067;
 2807         2. Had prior action taken against it under the Medicaid or
 2808  Medicare program;
 2809         3. Failed to comply with the applicable requirements of
 2810  this chapter or rules applicable to the applicant; or
 2811         4. Previously had a license to operate a residential
 2812  facility revoked by the agency, the Department of Children and
 2813  Families Family Services, or the Agency for Health Care
 2814  Administration; or
 2815         (b) The Department of Children and Families Family Services
 2816  has verified that the applicant is responsible for the abuse,
 2817  neglect, or abandonment of a child or the abuse, neglect, or
 2818  exploitation of a vulnerable adult.
 2819         Section 74. Paragraph (a) of subsection (1) of section
 2820  393.125, Florida Statutes, is amended to read:
 2821         393.125 Hearing rights.—
 2822         (1) REVIEW OF AGENCY DECISIONS.—
 2823         (a) For Medicaid programs administered by the agency, any
 2824  developmental services applicant or client, or his or her
 2825  parent, guardian advocate, or authorized representative, may
 2826  request a hearing in accordance with federal law and rules
 2827  applicable to Medicaid cases and has the right to request an
 2828  administrative hearing pursuant to ss. 120.569 and 120.57. These
 2829  hearings shall be provided by the Department of Children and
 2830  Families Family Services pursuant to s. 409.285 and shall follow
 2831  procedures consistent with federal law and rules applicable to
 2832  Medicaid cases.
 2833         Section 75. Subsection (5) of section 393.135, Florida
 2834  Statutes, is amended to read:
 2835         393.135 Sexual misconduct prohibited; reporting required;
 2836  penalties.—
 2837         (5) A covered person who witnesses sexual misconduct, or
 2838  who otherwise knows or has reasonable cause to suspect that a
 2839  person has engaged in sexual misconduct, shall immediately
 2840  report the incident to the central abuse hotline of the
 2841  Department of Children and Families Family Services and to the
 2842  appropriate local law enforcement agency. The covered person
 2843  shall also prepare, date, and sign an independent report that
 2844  specifically describes the nature of the sexual misconduct, the
 2845  location and time of the incident, and the persons involved. The
 2846  covered person shall deliver the report to the supervisor or
 2847  program director, who is responsible for providing copies to the
 2848  agency’s local office and the agency’s inspector general.
 2849         Section 76. Paragraph (b) of subsection (6) of section
 2850  393.18, Florida Statutes, is amended to read:
 2851         393.18 Comprehensive transitional education program.—A
 2852  comprehensive transitional education program is a group of
 2853  jointly operating centers or units, the collective purpose of
 2854  which is to provide a sequential series of educational care,
 2855  training, treatment, habilitation, and rehabilitation services
 2856  to persons who have developmental disabilities and who have
 2857  severe or moderate maladaptive behaviors. However, this section
 2858  does not require such programs to provide services only to
 2859  persons with developmental disabilities. All such services shall
 2860  be temporary in nature and delivered in a structured residential
 2861  setting, having the primary goal of incorporating the principle
 2862  of self-determination in establishing permanent residence for
 2863  persons with maladaptive behaviors in facilities that are not
 2864  associated with the comprehensive transitional education
 2865  program. The staff shall include behavior analysts and teachers,
 2866  as appropriate, who shall be available to provide services in
 2867  each component center or unit of the program. A behavior analyst
 2868  must be certified pursuant to s. 393.17.
 2869         (6) Notwithstanding subsection (5), in order to maximize
 2870  federal revenues and provide for children needing special
 2871  behavioral services, the agency may authorize the licensure of a
 2872  facility that:
 2873         (b) As of July 1, 2010, serve children who were served by
 2874  the child welfare system and who have an open case in the
 2875  automated child welfare system of the Department of Children and
 2876  Families Family Services.
 2877  
 2878  The facility must be in compliance with all program criteria and
 2879  local zoning requirements and may not exceed a capacity of 15
 2880  children.
 2881         Section 77. Section 394.453, Florida Statutes, is amended
 2882  to read:
 2883         394.453 Legislative intent.—It is the intent of the
 2884  Legislature to authorize and direct the Department of Children
 2885  and Families Family Services to evaluate, research, plan, and
 2886  recommend to the Governor and the Legislature programs designed
 2887  to reduce the occurrence, severity, duration, and disabling
 2888  aspects of mental, emotional, and behavioral disorders. It is
 2889  the intent of the Legislature that treatment programs for such
 2890  disorders shall include, but not be limited to, comprehensive
 2891  health, social, educational, and rehabilitative services to
 2892  persons requiring intensive short-term and continued treatment
 2893  in order to encourage them to assume responsibility for their
 2894  treatment and recovery. It is intended that such persons be
 2895  provided with emergency service and temporary detention for
 2896  evaluation when required; that they be admitted to treatment
 2897  facilities on a voluntary basis when extended or continuing care
 2898  is needed and unavailable in the community; that involuntary
 2899  placement be provided only when expert evaluation determines
 2900  that it is necessary; that any involuntary treatment or
 2901  examination be accomplished in a setting which is clinically
 2902  appropriate and most likely to facilitate the person’s return to
 2903  the community as soon as possible; and that individual dignity
 2904  and human rights be guaranteed to all persons who are admitted
 2905  to mental health facilities or who are being held under s.
 2906  394.463. It is the further intent of the Legislature that the
 2907  least restrictive means of intervention be employed based on the
 2908  individual needs of each person, within the scope of available
 2909  services. It is the policy of this state that the use of
 2910  restraint and seclusion on clients is justified only as an
 2911  emergency safety measure to be used in response to imminent
 2912  danger to the client or others. It is, therefore, the intent of
 2913  the Legislature to achieve an ongoing reduction in the use of
 2914  restraint and seclusion in programs and facilities serving
 2915  persons with mental illness.
 2916         Section 78. Subsections (8), (30), and (33) of section
 2917  394.455, Florida Statutes, are amended to read:
 2918         394.455 Definitions.—As used in this part, unless the
 2919  context clearly requires otherwise, the term:
 2920         (8) “Department” means the Department of Children and
 2921  Families Family Services.
 2922         (30) “Secretary” means the Secretary of Children and
 2923  Families Family Services.
 2924         (33) “Service provider” means any public or private
 2925  receiving facility, an entity under contract with the Department
 2926  of Children and Families Family Services to provide mental
 2927  health services, a clinical psychologist, a clinical social
 2928  worker, a marriage and family therapist, a mental health
 2929  counselor, a physician, a psychiatric nurse as defined in
 2930  subsection (23), or a community mental health center or clinic
 2931  as defined in this part.
 2932         Section 79. Subsection (1) of section 394.457, Florida
 2933  Statutes, is amended to read:
 2934         394.457 Operation and administration.—
 2935         (1) ADMINISTRATION.—The Department of Children and Families
 2936  Family Services is designated the “Mental Health Authority” of
 2937  Florida. The department and the Agency for Health Care
 2938  Administration shall exercise executive and administrative
 2939  supervision over all mental health facilities, programs, and
 2940  services.
 2941         Section 80. Subsection (3) of section 394.4574, Florida
 2942  Statutes, is amended to read:
 2943         394.4574 Department responsibilities for a mental health
 2944  resident who resides in an assisted living facility that holds a
 2945  limited mental health license.—
 2946         (3) The Secretary of Children and Families Family Services,
 2947  in consultation with the Agency for Health Care Administration,
 2948  shall annually require each district administrator to develop,
 2949  with community input, detailed plans that demonstrate how the
 2950  district will ensure the provision of state-funded mental health
 2951  and substance abuse treatment services to residents of assisted
 2952  living facilities that hold a limited mental health license.
 2953  These plans must be consistent with the substance abuse and
 2954  mental health district plan developed pursuant to s. 394.75 and
 2955  must address case management services; access to consumer
 2956  operated drop-in centers; access to services during evenings,
 2957  weekends, and holidays; supervision of the clinical needs of the
 2958  residents; and access to emergency psychiatric care.
 2959         Section 81. Paragraph (b) of subsection (4) of section
 2960  394.461, Florida Statutes, is amended to read:
 2961         394.461 Designation of receiving and treatment facilities.
 2962  The department is authorized to designate and monitor receiving
 2963  facilities and treatment facilities and may suspend or withdraw
 2964  such designation for failure to comply with this part and rules
 2965  adopted under this part. Unless designated by the department,
 2966  facilities are not permitted to hold or treat involuntary
 2967  patients under this part.
 2968         (4)
 2969         (b) For the purposes of this subsection, “payor class”
 2970  means Medicare, Medicare HMO, Medicaid, Medicaid HMO, private
 2971  pay health insurance, private-pay health maintenance
 2972  organization, private preferred provider organization, the
 2973  Department of Children and Families Family Services, other
 2974  government programs, self-pay patients, and charity care.
 2975         Section 82. Subsection (1) of section 394.4612, Florida
 2976  Statutes, is amended to read:
 2977         394.4612 Integrated adult mental health crisis
 2978  stabilization and addictions receiving facilities.—
 2979         (1) The Agency for Health Care Administration, in
 2980  consultation with the Department of Children and Families Family
 2981  Services, may license facilities that integrate services
 2982  provided in an adult mental health crisis stabilization unit
 2983  with services provided in an adult addictions receiving
 2984  facility. Such a facility shall be licensed by the agency as an
 2985  adult crisis stabilization unit under part IV and must meet all
 2986  licensure requirements for crisis stabilization units providing
 2987  integrated services.
 2988         Section 83. Paragraph (d) of subsection (2) of section
 2989  394.4615, Florida Statutes, is amended to read:
 2990         394.4615 Clinical records; confidentiality.—
 2991         (2) The clinical record shall be released when:
 2992         (d) The patient is committed to, or is to be returned to,
 2993  the Department of Corrections from the Department of Children
 2994  and Families Family Services, and the Department of Corrections
 2995  requests such records. These records shall be furnished without
 2996  charge to the Department of Corrections.
 2997         Section 84. Section 394.46715, Florida Statutes, is amended
 2998  to read:
 2999         394.46715 Rulemaking authority.—The Department of Children
 3000  and Families Family Services shall have rulemaking authority to
 3001  implement the provisions of ss. 394.455, 394.4598, 394.4615,
 3002  394.463, 394.4655, and 394.467 as amended or created by this
 3003  act. These rules shall be for the purpose of protecting the
 3004  health, safety, and well-being of persons examined, treated, or
 3005  placed under this act.
 3006         Section 85. Paragraph (b) of subsection (1) of section
 3007  394.4781, Florida Statutes, is amended to read:
 3008         394.4781 Residential care for psychotic and emotionally
 3009  disturbed children.—
 3010         (1) DEFINITIONS.—As used in this section:
 3011         (b) “Department” means the Department of Children and
 3012  Families Family Services.
 3013         Section 86. Subsection (1) of section 394.47865, Florida
 3014  Statutes, is amended to read:
 3015         394.47865 South Florida State Hospital; privatization.—
 3016         (1) The Department of Children and Families Family Services
 3017  shall, through a request for proposals, privatize South Florida
 3018  State Hospital. The department shall plan to begin
 3019  implementation of this privatization initiative by July 1, 1998.
 3020         (a) Notwithstanding s. 287.057(13), the department may
 3021  enter into agreements, not to exceed 20 years, with a private
 3022  provider, a coalition of providers, or another agency to
 3023  finance, design, and construct a treatment facility having up to
 3024  350 beds and to operate all aspects of daily operations within
 3025  the facility. The department may subcontract any or all
 3026  components of this procurement to a statutorily established
 3027  state governmental entity that has successfully contracted with
 3028  private companies for designing, financing, acquiring, leasing,
 3029  constructing, and operating major privatized state facilities.
 3030         (b) The selected contractor is authorized to sponsor the
 3031  issuance of tax-exempt bonds, certificates of participation, or
 3032  other securities to finance the project, and the state is
 3033  authorized to enter into a lease-purchase agreement for the
 3034  treatment facility.
 3035         Section 87. Section 394.480, Florida Statutes, is amended
 3036  to read:
 3037         394.480 Compact administrator.—Pursuant to said compact,
 3038  the Secretary of Children and Families Family Services shall be
 3039  the compact administrator who, acting jointly with like officers
 3040  of other party states, shall have power to promulgate rules and
 3041  regulations to carry out more effectively the terms of the
 3042  compact. The compact administrator is hereby authorized,
 3043  empowered, and directed to cooperate with all departments,
 3044  agencies, and officers of and in the government of this state
 3045  and its subdivisions in facilitating the proper administration
 3046  of the compact of any supplementary agreement or agreements
 3047  entered into by this state thereunder.
 3048         Section 88. Subsection (8) of section 394.492, Florida
 3049  Statutes, is amended to read:
 3050         394.492 Definitions.—As used in ss. 394.490-394.497, the
 3051  term:
 3052         (8) “Department” means the Department of Children and
 3053  Families Family Services.
 3054         Section 89. Subsection (1) of section 394.493, Florida
 3055  Statutes, is amended to read:
 3056         394.493 Target populations for child and adolescent mental
 3057  health services funded through the department.—
 3058         (1) The child and adolescent mental health system of care
 3059  funded through the Department of Children and Families Family
 3060  Services shall serve, to the extent that resources are
 3061  available, the following groups of children and adolescents who
 3062  reside with their parents or legal guardians or who are placed
 3063  in state custody:
 3064         (a) Children and adolescents who are experiencing an acute
 3065  mental or emotional crisis.
 3066         (b) Children and adolescents who have a serious emotional
 3067  disturbance or mental illness.
 3068         (c) Children and adolescents who have an emotional
 3069  disturbance.
 3070         (d) Children and adolescents who are at risk of emotional
 3071  disturbance.
 3072         Section 90. Subsection (1) of section 394.4985, Florida
 3073  Statutes, is amended to read:
 3074         394.4985 Districtwide information and referral network;
 3075  implementation.—
 3076         (1) Each service district of the Department of Children and
 3077  Families Family Services shall develop a detailed implementation
 3078  plan for a districtwide comprehensive child and adolescent
 3079  mental health information and referral network to be operational
 3080  by July 1, 1999. The plan must include an operating budget that
 3081  demonstrates cost efficiencies and identifies funding sources
 3082  for the district information and referral network. The district
 3083  shall use existing district information and referral providers
 3084  if, in the development of the plan, it is concluded that these
 3085  providers would deliver information and referral services in a
 3086  more efficient and effective manner when compared to other
 3087  alternatives. The district information and referral network must
 3088  include:
 3089         (a) A resource file that contains information about the
 3090  child and adolescent mental health services as described in s.
 3091  394.495, including, but not limited to:
 3092         1. Type of program;
 3093         2. Hours of service;
 3094         3. Ages of persons served;
 3095         4. Program description;
 3096         5. Eligibility requirements; and
 3097         6. Fees.
 3098         (b) Information about private providers and professionals
 3099  in the community who serve children and adolescents with an
 3100  emotional disturbance.
 3101         (c) A system to document requests for services which are
 3102  received through the network referral process, including, but
 3103  not limited to:
 3104         1. Number of calls by type of service requested;
 3105         2. Ages of the children and adolescents for whom services
 3106  are requested; and
 3107         3. Type of referral made by the network.
 3108         (d) The ability to share client information with the
 3109  appropriate community agencies.
 3110         Section 91. Subsection (1) of section 394.499, Florida
 3111  Statutes, is amended to read:
 3112         394.499 Integrated children’s crisis stabilization
 3113  unit/juvenile addictions receiving facility services.—
 3114         (1) Beginning July 1, 2001, the Department of Children and
 3115  Families Family Services, in consultation with the Agency for
 3116  Health Care Administration, is authorized to establish
 3117  children’s behavioral crisis unit demonstration models in
 3118  Collier, Lee, and Sarasota Counties. As a result of the
 3119  recommendations regarding expansion of the demonstration models
 3120  contained in the evaluation report of December 31, 2003, the
 3121  department, in cooperation with the agency, may expand the
 3122  demonstration models to other areas in the state after July 1,
 3123  2005. The children’s behavioral crisis unit demonstration models
 3124  will integrate children’s mental health crisis stabilization
 3125  units with substance abuse juvenile addictions receiving
 3126  facility services, to provide emergency mental health and
 3127  substance abuse services that are integrated within facilities
 3128  licensed and designated by the agency for children under 18
 3129  years of age who meet criteria for admission or examination
 3130  under this section. The services shall be designated as
 3131  “integrated children’s crisis stabilization unit/juvenile
 3132  addictions receiving facility services,” shall be licensed by
 3133  the agency as children’s crisis stabilization units, and shall
 3134  meet all licensure requirements for crisis stabilization units.
 3135  The department, in cooperation with the agency, shall develop
 3136  standards that address eligibility criteria; clinical
 3137  procedures; staffing requirements; operational, administrative,
 3138  and financing requirements; and investigation of complaints for
 3139  such integrated facility services. Standards that are
 3140  implemented specific to substance abuse services shall meet or
 3141  exceed existing standards for addictions receiving facilities.
 3142         Section 92. Subsection (1), paragraph (a) of subsection
 3143  (2), and subsection (4) of section 394.656, Florida Statutes,
 3144  are amended to read:
 3145         394.656 Criminal Justice, Mental Health, and Substance
 3146  Abuse Reinvestment Grant Program.—
 3147         (1) There is created within the Department of Children and
 3148  Families Family Services the Criminal Justice, Mental Health,
 3149  and Substance Abuse Reinvestment Grant Program. The purpose of
 3150  the program is to provide funding to counties with which they
 3151  can plan, implement, or expand initiatives that increase public
 3152  safety, avert increased spending on criminal justice, and
 3153  improve the accessibility and effectiveness of treatment
 3154  services for adults and juveniles who have a mental illness,
 3155  substance abuse disorder, or co-occurring mental health and
 3156  substance abuse disorders and who are in, or at risk of
 3157  entering, the criminal or juvenile justice systems.
 3158         (2) The department shall establish a Criminal Justice,
 3159  Mental Health, and Substance Abuse Statewide Grant Review
 3160  Committee. The committee shall include:
 3161         (a) One representative of the Department of Children and
 3162  Families Family Services;
 3163  
 3164  To the extent possible, the members of the committee shall have
 3165  expertise in grant writing, grant reviewing, and grant
 3166  application scoring.
 3167         (4) The grant review committee shall notify the Department
 3168  of Children and Families Family Services in writing of the names
 3169  of the applicants who have been selected by the committee to
 3170  receive a grant. Contingent upon the availability of funds and
 3171  upon notification by the review committee of those applicants
 3172  approved to receive planning, implementation, or expansion
 3173  grants, the Department of Children and Families Family Services
 3174  may transfer funds appropriated for the grant program to any
 3175  county awarded a grant.
 3176         Section 93. Paragraph (a) of subsection (2) of section
 3177  394.657, Florida Statutes, is amended to read:
 3178         394.657 County planning councils or committees.—
 3179         (2)(a) For the purposes of this section, the membership of
 3180  a designated planning council or committee must include:
 3181         1. The state attorney, or an assistant state attorney
 3182  designated by the state attorney.
 3183         2. A public defender, or an assistant public defender
 3184  designated by the public defender.
 3185         3. A circuit judge designated by the chief judge of the
 3186  circuit.
 3187         4. A county court judge designated by the chief judge of
 3188  the circuit.
 3189         5. The chief correctional officer.
 3190         6. The sheriff, if the sheriff is the chief correctional
 3191  officer, or a person designated by the sheriff.
 3192         7. The police chief, or a person designated by the local
 3193  police chiefs association.
 3194         8. The state probation circuit administrator, or a person
 3195  designated by the state probation circuit administrator.
 3196         9. The local court administrator, or a person designated by
 3197  the local court administrator.
 3198         10. The chairperson of the board of county commissioners,
 3199  or another county commissioner designated by the chairperson,
 3200  or, if the planning council is a consortium of counties, a
 3201  county commissioner or designee from each member county.
 3202         11. The director of any county probation or pretrial
 3203  intervention program, if the county has such a program.
 3204         12. The director of a local substance abuse treatment
 3205  program, or a person designated by the director.
 3206         13. The director of a community mental health agency, or a
 3207  person designated by the director.
 3208         14. A representative of the substance abuse program office
 3209  and the mental health program office of the Department of
 3210  Children and Families Family Services, selected by the substance
 3211  abuse and mental health program supervisor of the district in
 3212  which the county is located.
 3213         15. A primary consumer of mental health services, selected
 3214  by the substance abuse and mental health program supervisor of
 3215  the district in which the primary consumer resides. If multiple
 3216  counties apply together, a primary consumer may be selected to
 3217  represent each county.
 3218         16. A primary consumer of substance abuse services,
 3219  selected by the substance abuse and mental health program
 3220  supervisor of the district in which the primary consumer
 3221  resides. If the planning council is a consortium of counties, a
 3222  primary consumer may be selected to represent each county.
 3223         17. A family member of a primary consumer of community
 3224  based treatment services, selected by the abuse and mental
 3225  health program supervisor of the district in which the family
 3226  member resides.
 3227         18. A representative from an area homeless program or a
 3228  supportive housing program.
 3229         19. The director of the detention facility of the
 3230  Department of Juvenile Justice, or a person designated by the
 3231  director.
 3232         20. The chief probation officer of the Department of
 3233  Juvenile Justice, or an employee designated by the chief
 3234  probation officer.
 3235         Section 94. Subsection (1) of section 394.658, Florida
 3236  Statutes, is amended to read:
 3237         394.658 Criminal Justice, Mental Health, and Substance
 3238  Abuse Reinvestment Grant Program requirements.—
 3239         (1) The Criminal Justice, Mental Health, and Substance
 3240  Abuse Statewide Grant Review Committee, in collaboration with
 3241  the Department of Children and Families Family Services, the
 3242  Department of Corrections, the Department of Juvenile Justice,
 3243  the Department of Elderly Affairs, and the Office of the State
 3244  Courts Administrator, shall establish criteria to be used to
 3245  review submitted applications and to select the county that will
 3246  be awarded a 1-year planning grant or a 3-year implementation or
 3247  expansion grant. A planning, implementation, or expansion grant
 3248  may not be awarded unless the application of the county meets
 3249  the established criteria.
 3250         (a) The application criteria for a 1-year planning grant
 3251  must include a requirement that the applicant county or counties
 3252  have a strategic plan to initiate systemic change to identify
 3253  and treat individuals who have a mental illness, substance abuse
 3254  disorder, or co-occurring mental health and substance abuse
 3255  disorders who are in, or at risk of entering, the criminal or
 3256  juvenile justice systems. The 1-year planning grant must be used
 3257  to develop effective collaboration efforts among participants in
 3258  affected governmental agencies, including the criminal,
 3259  juvenile, and civil justice systems, mental health and substance
 3260  abuse treatment service providers, transportation programs, and
 3261  housing assistance programs. The collaboration efforts shall be
 3262  the basis for developing a problem-solving model and strategic
 3263  plan for treating adults and juveniles who are in, or at risk of
 3264  entering, the criminal or juvenile justice system and doing so
 3265  at the earliest point of contact, taking into consideration
 3266  public safety. The planning grant shall include strategies to
 3267  divert individuals from judicial commitment to community-based
 3268  service programs offered by the Department of Children and
 3269  Families Family Services in accordance with ss. 916.13 and
 3270  916.17.
 3271         (b) The application criteria for a 3-year implementation or
 3272  expansion grant shall require information from a county that
 3273  demonstrates its completion of a well-established collaboration
 3274  plan that includes public-private partnership models and the
 3275  application of evidence-based practices. The implementation or
 3276  expansion grants may support programs and diversion initiatives
 3277  that include, but need not be limited to:
 3278         1. Mental health courts;
 3279         2. Diversion programs;
 3280         3. Alternative prosecution and sentencing programs;
 3281         4. Crisis intervention teams;
 3282         5. Treatment accountability services;
 3283         6. Specialized training for criminal justice, juvenile
 3284  justice, and treatment services professionals;
 3285         7. Service delivery of collateral services such as housing,
 3286  transitional housing, and supported employment; and
 3287         8. Reentry services to create or expand mental health and
 3288  substance abuse services and supports for affected persons.
 3289         (c) Each county application must include the following
 3290  information:
 3291         1. An analysis of the current population of the jail and
 3292  juvenile detention center in the county, which includes:
 3293         a. The screening and assessment process that the county
 3294  uses to identify an adult or juvenile who has a mental illness,
 3295  substance abuse disorder, or co-occurring mental health and
 3296  substance abuse disorders;
 3297         b. The percentage of each category of persons admitted to
 3298  the jail and juvenile detention center that represents people
 3299  who have a mental illness, substance abuse disorder, or co
 3300  occurring mental health and substance abuse disorders; and
 3301         c. An analysis of observed contributing factors that affect
 3302  population trends in the county jail and juvenile detention
 3303  center.
 3304         2. A description of the strategies the county intends to
 3305  use to serve one or more clearly defined subsets of the
 3306  population of the jail and juvenile detention center who have a
 3307  mental illness or to serve those at risk of arrest and
 3308  incarceration. The proposed strategies may include identifying
 3309  the population designated to receive the new interventions, a
 3310  description of the services and supervision methods to be
 3311  applied to that population, and the goals and measurable
 3312  objectives of the new interventions. The interventions a county
 3313  may use with the target population may include, but are not
 3314  limited to:
 3315         a. Specialized responses by law enforcement agencies;
 3316         b. Centralized receiving facilities for individuals
 3317  evidencing behavioral difficulties;
 3318         c. Postbooking alternatives to incarceration;
 3319         d. New court programs, including pretrial services and
 3320  specialized dockets;
 3321         e. Specialized diversion programs;
 3322         f. Intensified transition services that are directed to the
 3323  designated populations while they are in jail or juvenile
 3324  detention to facilitate their transition to the community;
 3325         g. Specialized probation processes;
 3326         h. Day-reporting centers;
 3327         i. Linkages to community-based, evidence-based treatment
 3328  programs for adults and juveniles who have mental illness or
 3329  substance abuse disorders; and
 3330         j. Community services and programs designed to prevent
 3331  high-risk populations from becoming involved in the criminal or
 3332  juvenile justice system.
 3333         3. The projected effect the proposed initiatives will have
 3334  on the population and the budget of the jail and juvenile
 3335  detention center. The information must include:
 3336         a. The county’s estimate of how the initiative will reduce
 3337  the expenditures associated with the incarceration of adults and
 3338  the detention of juveniles who have a mental illness;
 3339         b. The methodology that the county intends to use to
 3340  measure the defined outcomes and the corresponding savings or
 3341  averted costs;
 3342         c. The county’s estimate of how the cost savings or averted
 3343  costs will sustain or expand the mental health and substance
 3344  abuse treatment services and supports needed in the community;
 3345  and
 3346         d. How the county’s proposed initiative will reduce the
 3347  number of individuals judicially committed to a state mental
 3348  health treatment facility.
 3349         4. The proposed strategies that the county intends to use
 3350  to preserve and enhance its community mental health and
 3351  substance abuse system, which serves as the local behavioral
 3352  health safety net for low-income and uninsured individuals.
 3353         5. The proposed strategies that the county intends to use
 3354  to continue the implemented or expanded programs and initiatives
 3355  that have resulted from the grant funding.
 3356         Section 95. Subsections (6) and (12) of section 394.66,
 3357  Florida Statutes, are amended to read:
 3358         394.66 Legislative intent with respect to substance abuse
 3359  and mental health services.—It is the intent of the Legislature
 3360  to:
 3361         (6) Ensure that all activities of the Department of
 3362  Children and Families Family Services and the Agency for Health
 3363  Care Administration, and their respective contract providers,
 3364  involved in the delivery of substance abuse and mental health
 3365  treatment and prevention services are coordinated and integrated
 3366  with other local systems and groups, public and private, such as
 3367  juvenile justice, criminal justice, child protection, and public
 3368  health organizations; school districts; and local groups or
 3369  organizations that focus on services to older adults.
 3370         (12) Include substance abuse and mental health services as
 3371  a component of the integrated service delivery system of the
 3372  Department of Children and Families Family Services.
 3373         Section 96. Subsections (5), (7), and (20) of section
 3374  394.67, Florida Statutes, are amended to read:
 3375         394.67 Definitions.—As used in this part, the term:
 3376         (5) “Department” means the Department of Children and
 3377  Families Family Services.
 3378         (7) “District administrator” means the person appointed by
 3379  the Secretary of Children and Families Family Services for the
 3380  purpose of administering a department service district as set
 3381  forth in s. 20.19.
 3382         (20) “Program office” means the Mental Health Program
 3383  Office of the Department of Children and Families Family
 3384  Services.
 3385         Section 97. Section 394.745, Florida Statutes, is amended
 3386  to read:
 3387         394.745 Annual report; compliance of providers under
 3388  contract with department.—By November 1 of each year, the
 3389  Department of Children and Families Family Services shall submit
 3390  a report to the President of the Senate and the Speaker of the
 3391  House of Representatives which describes the compliance of
 3392  providers that provide substance abuse treatment programs and
 3393  mental health services under contract with the Department of
 3394  Children and Families Family Services. The report must describe
 3395  the status of compliance with the annual performance outcome
 3396  standards established by the Legislature and must address the
 3397  providers that meet or exceed performance standards, the
 3398  providers that did not achieve performance standards for which
 3399  corrective action measures were developed, and the providers
 3400  whose contracts were terminated due to failure to meet the
 3401  requirements of the corrective plan.
 3402         Section 98. Paragraph (b) of subsection (1) of section
 3403  394.75, Florida Statutes, is amended to read:
 3404         394.75 State and district substance abuse and mental health
 3405  plans.—
 3406         (1)
 3407         (b) The initial plan must include an assessment of the
 3408  clinical practice guidelines and standards for community-based
 3409  mental health and substance abuse services delivered by persons
 3410  or agencies under contract with the Department of Children and
 3411  Families Family Services. The assessment must include an
 3412  inventory of current clinical guidelines and standards used by
 3413  persons and agencies under contract with the department, and by
 3414  nationally recognized accreditation organizations, to address
 3415  the quality of care and must specify additional clinical
 3416  practice standards and guidelines for new or existing services
 3417  and programs.
 3418         Section 99. Paragraph (a) of subsection (1) of section
 3419  394.78, Florida Statutes, is amended to read:
 3420         394.78 Operation and administration; personnel standards;
 3421  procedures for audit and monitoring of service providers;
 3422  resolution of disputes.—
 3423         (1)(a) The Department of Children and Families Family
 3424  Services shall administer this part and shall adopt rules
 3425  necessary for its administration. In addition to other
 3426  rulemaking authority, the department may adopt financial rules
 3427  relating to conflicts of interest; related party transactions;
 3428  full disclosure of revenue funds and expenses; charts of
 3429  accounts for state reporting; auditing; penalties for
 3430  nonperformance; benefit packages; performance outcomes,
 3431  including client satisfaction and functional assessments;
 3432  nonpayment and suspended payments for failure to timely submit
 3433  required client service reports; and client financial
 3434  eligibility requirements.
 3435         Section 100. Subsection (1) of section 394.9084, Florida
 3436  Statutes, is amended to read:
 3437         394.9084 Florida Self-Directed Care program.—
 3438         (1) The Department of Children and Families Family
 3439  Services, in cooperation with the Agency for Health Care
 3440  Administration, may provide a client-directed and choice-based
 3441  Florida Self-Directed Care program in all department service
 3442  districts, in addition to the pilot projects established in
 3443  district 4 and district 8, to provide mental health treatment
 3444  and support services to adults who have a serious mental
 3445  illness. The department may also develop and implement a client
 3446  directed and choice-based pilot project in one district to
 3447  provide mental health treatment and support services for
 3448  children with a serious emotional disturbance who live at home.
 3449  If established, any staff who work with children must be
 3450  screened under s. 435.04. The department shall implement a
 3451  payment mechanism in which each client controls the money that
 3452  is available for that client’s mental health treatment and
 3453  support services. The department shall establish interagency
 3454  cooperative agreements and work with the agency, the Division of
 3455  Vocational Rehabilitation, and the Social Security
 3456  Administration to implement and administer the Florida Self
 3457  Directed Care program.
 3458         Section 101. Subsections (1), (3), (7), and (11) of section
 3459  394.912, Florida Statutes, are amended to read:
 3460         394.912 Definitions.—As used in this part, the term:
 3461         (1) “Agency with jurisdiction” means the agency that
 3462  releases, upon lawful order or authority, a person who is
 3463  serving a sentence in the custody of the Department of
 3464  Corrections, a person who was adjudicated delinquent and is
 3465  committed to the custody of the Department of Juvenile Justice,
 3466  or a person who was involuntarily committed to the custody of
 3467  the Department of Children and Families Family Services upon an
 3468  adjudication of not guilty by reason of insanity.
 3469         (3) “Department” means the Department of Children and
 3470  Families Family Services.
 3471         (7) “Secretary” means the secretary of the Department of
 3472  Children and Families Family Services.
 3473         (11) “Total confinement” means that the person is currently
 3474  being held in any physically secure facility being operated or
 3475  contractually operated for the Department of Corrections, the
 3476  Department of Juvenile Justice, or the Department of Children
 3477  and Families Family Services. A person shall also be deemed to
 3478  be in total confinement for applicability of provisions under
 3479  this part if the person is serving an incarcerative sentence
 3480  under the custody of the Department of Corrections or the
 3481  Department of Juvenile Justice and is being held in any other
 3482  secure facility for any reason.
 3483         Section 102. Paragraph (e) of subsection (3) of section
 3484  394.913, Florida Statutes, is amended to read:
 3485         394.913 Notice to state attorney and multidisciplinary team
 3486  of release of sexually violent predator; establishing
 3487  multidisciplinary teams; information to be provided to
 3488  multidisciplinary teams.—
 3489         (3)
 3490         (e)1. Within 180 days after receiving notice, there shall
 3491  be a written assessment as to whether the person meets the
 3492  definition of a sexually violent predator and a written
 3493  recommendation, which shall be provided to the state attorney.
 3494  The written recommendation shall be provided by the Department
 3495  of Children and Families Family Services and shall include the
 3496  written report of the multidisciplinary team.
 3497         2. Notwithstanding subparagraph 1., in the case of a person
 3498  for whom the written assessment and recommendation has not been
 3499  completed at least 365 days before his or her release from total
 3500  confinement, the department shall prioritize the assessment of
 3501  that person based upon the person’s release date.
 3502         Section 103. Subsection (1) of section 394.9135, Florida
 3503  Statutes, is amended to read:
 3504         394.9135 Immediate releases from total confinement;
 3505  transfer of person to department; time limitations on
 3506  assessment, notification, and filing petition to hold in
 3507  custody; filing petition after release.—
 3508         (1) If the anticipated release from total confinement of a
 3509  person who has been convicted of a sexually violent offense
 3510  becomes immediate for any reason, the agency with jurisdiction
 3511  shall upon immediate release from total confinement transfer
 3512  that person to the custody of the Department of Children and
 3513  Families Family Services to be held in an appropriate secure
 3514  facility.
 3515         Section 104. Section 394.9151, Florida Statutes, is amended
 3516  to read:
 3517         394.9151 Contract authority.—The Department of Children and
 3518  Families Family Services may contract with a private entity or
 3519  state agency for use of and operation of facilities to comply
 3520  with the requirements of this act. The Department of Children
 3521  and Families Family Services may also contract with the
 3522  Department of Management Services to issue a request for
 3523  proposals and monitor contract compliance for these services.
 3524         Section 105. Subsection (2) of section 394.917, Florida
 3525  Statutes, is amended to read:
 3526         394.917 Determination; commitment procedure; mistrials;
 3527  housing; counsel and costs in indigent appellate cases.—
 3528         (2) If the court or jury determines that the person is a
 3529  sexually violent predator, upon the expiration of the
 3530  incarcerative portion of all criminal sentences and disposition
 3531  of any detainers, the person shall be committed to the custody
 3532  of the Department of Children and Families Family Services for
 3533  control, care, and treatment until such time as the person’s
 3534  mental abnormality or personality disorder has so changed that
 3535  it is safe for the person to be at large. At all times, persons
 3536  who are detained or committed under this part shall be kept in a
 3537  secure facility segregated from patients of the department who
 3538  are not detained or committed under this part.
 3539         Section 106. Paragraph (b) of subsection (1) of section
 3540  394.9215, Florida Statutes, is amended to read:
 3541         394.9215 Right to habeas corpus.—
 3542         (1)
 3543         (b) Upon filing a legally sufficient petition stating a
 3544  prima facie case under paragraph (a), the court may direct the
 3545  Department of Children and Families Family Services to file a
 3546  response. If necessary, the court may conduct an evidentiary
 3547  proceeding and issue an order to correct a violation of state or
 3548  federal rights found to exist by the court. A final order
 3549  entered under this section may be appealed to the district court
 3550  of appeal. A nonfinal order may be appealed to the extent
 3551  provided by the Florida Rules of Appellate Procedure. An appeal
 3552  by the department shall stay the trial court’s order until
 3553  disposition of the appeal.
 3554         Section 107. Section 394.929, Florida Statutes, is amended
 3555  to read:
 3556         394.929 Program costs.—The Department of Children and
 3557  Families Family Services is responsible for all costs relating
 3558  to the evaluation and treatment of persons committed to the
 3559  department’s custody as sexually violent predators. A county is
 3560  not obligated to fund costs for psychological examinations,
 3561  expert witnesses, court-appointed counsel, or other costs
 3562  required by this part. Other costs for psychological
 3563  examinations, expert witnesses, and court-appointed counsel
 3564  required by this part shall be paid from state funds
 3565  appropriated by general law.
 3566         Section 108. Section 394.930, Florida Statutes, is amended
 3567  to read:
 3568         394.930 Authority to adopt rules.—The Department of
 3569  Children and Families Family Services shall adopt rules for:
 3570         (1) Procedures that must be followed by members of the
 3571  multidisciplinary teams when assessing and evaluating persons
 3572  subject to this part;
 3573         (2) Education and training requirements for members of the
 3574  multidisciplinary teams and professionals who assess and
 3575  evaluate persons under this part;
 3576         (3) The criteria that must exist in order for a
 3577  multidisciplinary team to recommend to a state attorney that a
 3578  petition should be filed to involuntarily commit a person under
 3579  this part. The criteria shall include, but are not limited to,
 3580  whether:
 3581         (a) The person has a propensity to engage in future acts of
 3582  sexual violence;
 3583         (b) The person should be placed in a secure, residential
 3584  facility; and
 3585         (c) The person needs long-term treatment and care.
 3586         (4) The designation of secure facilities for sexually
 3587  violent predators who are subject to involuntary commitment
 3588  under this part;
 3589         (5) The components of the basic treatment plan for all
 3590  committed persons under this part;
 3591         (6) The protocol to inform a person that he or she is being
 3592  examined to determine whether he or she is a sexually violent
 3593  predator under this part.
 3594         Section 109. Section 394.931, Florida Statutes, is amended
 3595  to read:
 3596         394.931 Quarterly reports.—Beginning July 1, 1999, the
 3597  Department of Corrections shall collect information and compile
 3598  quarterly reports with statistics profiling inmates released the
 3599  previous quarter who fit the criteria and were referred to the
 3600  Department of Children and Families Family Services pursuant to
 3601  this act. The quarterly reports must be produced beginning
 3602  October 1, 1999. At a minimum, the information that must be
 3603  collected and compiled for inclusion in the reports includes:
 3604  whether the qualifying offense was the current offense or the
 3605  prior offense; the most serious sexual offense; the total number
 3606  of distinct victims of the sexual offense; whether the victim
 3607  was known to the offender; whether the sexual act was
 3608  consensual; whether the sexual act involved multiple victims;
 3609  whether direct violence was involved in the sexual offense; the
 3610  age of each victim at the time of the offense; the age of the
 3611  offender at the time of the first sexual offense; whether a
 3612  weapon was used; length of time since the most recent sexual
 3613  offense; and the total number of prior and current sexual
 3614  offense convictions. In addition, the Department of Children and
 3615  Families Family Services shall implement a long-term study to
 3616  determine the overall efficacy of the provisions of this part.
 3617         Section 110. Subsection (2) of section 395.1023, Florida
 3618  Statutes, is amended to read:
 3619         395.1023 Child abuse and neglect cases; duties.—Each
 3620  licensed facility shall adopt a protocol that, at a minimum,
 3621  requires the facility to:
 3622         (2) In any case involving suspected child abuse,
 3623  abandonment, or neglect, designate, at the request of the
 3624  department, a staff physician to act as a liaison between the
 3625  hospital and the Department of Children and Families Family
 3626  Services office which is investigating the suspected abuse,
 3627  abandonment, or neglect, and the child protection team, as
 3628  defined in s. 39.01, when the case is referred to such a team.
 3629  
 3630  Each general hospital and appropriate specialty hospital shall
 3631  comply with the provisions of this section and shall notify the
 3632  agency and the department of its compliance by sending a copy of
 3633  its policy to the agency and the department as required by rule.
 3634  The failure by a general hospital or appropriate specialty
 3635  hospital to comply shall be punished by a fine not exceeding
 3636  $1,000, to be fixed, imposed, and collected by the agency. Each
 3637  day in violation is considered a separate offense.
 3638         Section 111. Paragraph (g) of subsection (4) of section
 3639  395.3025, Florida Statutes, is amended to read:
 3640         395.3025 Patient and personnel records; copies;
 3641  examination.—
 3642         (4) Patient records are confidential and must not be
 3643  disclosed without the consent of the patient or his or her legal
 3644  representative, but appropriate disclosure may be made without
 3645  such consent to:
 3646         (g) The Department of Children and Families Family Services
 3647  or its agent, for the purpose of investigations of cases of
 3648  abuse, neglect, or exploitation of children or vulnerable
 3649  adults.
 3650         Section 112. Subsection (6) of section 397.311, Florida
 3651  Statutes, is amended to read:
 3652         397.311 Definitions.—As used in this chapter, except part
 3653  VIII, the term:
 3654         (6) “Department” means the Department of Children and
 3655  Families Family Services.
 3656         Section 113. Paragraph (b) of subsection (1) of section
 3657  397.333, Florida Statutes, is amended to read:
 3658         397.333 Statewide Drug Policy Advisory Council.—
 3659         (1)
 3660         (b) The following state officials shall be appointed to
 3661  serve on the advisory council:
 3662         1. The Attorney General, or his or her designee.
 3663         2. The executive director of the Department of Law
 3664  Enforcement, or his or her designee.
 3665         3. The Secretary of Children and Families Family Services,
 3666  or his or her designee.
 3667         4. The director of the Office of Planning and Budgeting in
 3668  the Executive Office of the Governor, or his or her designee.
 3669         5. The Secretary of Corrections, or his or her designee.
 3670         6. The Secretary of Juvenile Justice, or his or her
 3671  designee.
 3672         7. The Commissioner of Education, or his or her designee.
 3673         8. The executive director of the Department of Highway
 3674  Safety and Motor Vehicles, or his or her designee.
 3675         9. The Adjutant General of the state as the Chief of the
 3676  Department of Military Affairs, or his or her designee.
 3677         Section 114. Subsection (1) of section 397.334, Florida
 3678  Statutes, is amended to read:
 3679         397.334 Treatment-based drug court programs.—
 3680         (1) Each county may fund a treatment-based drug court
 3681  program under which persons in the justice system assessed with
 3682  a substance abuse problem will be processed in such a manner as
 3683  to appropriately address the severity of the identified
 3684  substance abuse problem through treatment services tailored to
 3685  the individual needs of the participant. It is the intent of the
 3686  Legislature to encourage the Department of Corrections, the
 3687  Department of Children and Families Family Services, the
 3688  Department of Juvenile Justice, the Department of Health, the
 3689  Department of Law Enforcement, the Department of Education, and
 3690  such agencies, local governments, law enforcement agencies,
 3691  other interested public or private sources, and individuals to
 3692  support the creation and establishment of these problem-solving
 3693  court programs. Participation in the treatment-based drug court
 3694  programs does not divest any public or private agency of its
 3695  responsibility for a child or adult, but enables these agencies
 3696  to better meet their needs through shared responsibility and
 3697  resources.
 3698         Section 115. Subsection (2) of section 397.6758, Florida
 3699  Statutes, is amended to read:
 3700         397.6758 Release of individual from protective custody,
 3701  emergency admission, involuntary assessment, involuntary
 3702  treatment, and alternative involuntary assessment of a minor.—An
 3703  individual involuntarily admitted to a licensed service provider
 3704  may be released without further order of the court only by a
 3705  qualified professional in a hospital, a detoxification facility,
 3706  an addictions receiving facility, or any less restrictive
 3707  treatment component. Notice of the release must be provided to
 3708  the applicant in the case of an emergency admission or an
 3709  alternative involuntary assessment for a minor, or to the
 3710  petitioner and the court if the involuntary assessment or
 3711  treatment was court ordered. In the case of a minor, the release
 3712  must be:
 3713         (2) To the Department of Children and Families Family
 3714  Services pursuant to s. 39.401; or
 3715         Section 116. Subsection (3) of section 397.753, Florida
 3716  Statutes, is amended to read:
 3717         397.753 Definitions.—As used in this part:
 3718         (3) “Inmate substance abuse services” means any service
 3719  component as defined in s. 397.311 provided directly by the
 3720  Department of Corrections and licensed and regulated by the
 3721  Department of Children and Families Family Services pursuant to
 3722  s. 397.406, or provided through contractual arrangements with a
 3723  service provider licensed pursuant to part II; or any self-help
 3724  program or volunteer support group operating for inmates.
 3725         Section 117. Subsection (6) of section 397.754, Florida
 3726  Statutes, is amended to read:
 3727         397.754 Duties and responsibilities of the Department of
 3728  Corrections.—The Department of Corrections shall:
 3729         (6) In cooperation with other agencies, actively seek to
 3730  enhance resources for the provision of treatment services for
 3731  inmates and to develop partnerships with other state agencies,
 3732  including but not limited to the Departments of Children and
 3733  Families Family Services, Education, Community Affairs, and Law
 3734  Enforcement.
 3735         Section 118. Subsection (1) of section 397.801, Florida
 3736  Statutes, is amended to read:
 3737         397.801 Substance abuse impairment coordination.—
 3738         (1) The Department of Children and Families Family
 3739  Services, the Department of Education, the Department of
 3740  Corrections, and the Department of Law Enforcement each shall
 3741  appoint a policy level staff person to serve as the agency
 3742  substance abuse impairment coordinator. The responsibilities of
 3743  the agency coordinator include interagency and intraagency
 3744  coordination, collection and dissemination of agency-specific
 3745  data relating to substance abuse impairment, and participation
 3746  in the development of the state comprehensive plan for substance
 3747  abuse impairment.
 3748         Section 119. Paragraph (b) of subsection (3) of section
 3749  397.998, Florida Statutes, is amended to read:
 3750         397.998 Drug-free communities support match grants.—
 3751         (3) ELIGIBLE APPLICANTS.—
 3752         (b) The coalition must represent the targeted community and
 3753  include at least one representative of each of the following
 3754  groups: local Department of Children and Families Family
 3755  Services official; youth; parents; business community; media;
 3756  schools; organizations serving youth; law enforcement agencies;
 3757  religious or fraternal organizations; civic and volunteer
 3758  groups; health care professionals; other local or tribal
 3759  governmental agencies with an expertise in the field of
 3760  substance abuse, including, if applicable, the state authority
 3761  with primary authority for substance abuse; and other
 3762  organizations involved in reducing substance abuse.
 3763         Section 120. Paragraph (i) of subsection (2) of section
 3764  400.0065, Florida Statutes, is amended to read:
 3765         400.0065 State Long-Term Care Ombudsman; duties and
 3766  responsibilities.—
 3767         (2) The State Long-Term Care Ombudsman shall have the duty
 3768  and authority to:
 3769         (i) Prepare an annual report describing the activities
 3770  carried out by the office, the state council, and the local
 3771  councils in the year for which the report is prepared. The
 3772  ombudsman shall submit the report to the secretary at least 30
 3773  days before the convening of the regular session of the
 3774  Legislature. The secretary shall in turn submit the report to
 3775  the United States Assistant Secretary for Aging, the Governor,
 3776  the President of the Senate, the Speaker of the House of
 3777  Representatives, the Secretary of Children and Families Family
 3778  Services, and the Secretary of Health Care Administration. The
 3779  report shall, at a minimum:
 3780         1. Contain and analyze data collected concerning complaints
 3781  about and conditions in long-term care facilities and the
 3782  disposition of such complaints.
 3783         2. Evaluate the problems experienced by residents.
 3784         3. Analyze the successes of the ombudsman program during
 3785  the preceding year, including an assessment of how successfully
 3786  the program has carried out its responsibilities under the Older
 3787  Americans Act.
 3788         4. Provide recommendations for policy, regulatory, and
 3789  statutory changes designed to solve identified problems; resolve
 3790  residents’ complaints; improve residents’ lives and quality of
 3791  care; protect residents’ rights, health, safety, and welfare;
 3792  and remove any barriers to the optimal operation of the State
 3793  Long-Term Care Ombudsman Program.
 3794         5. Contain recommendations from the State Long-Term Care
 3795  Ombudsman Council regarding program functions and activities and
 3796  recommendations for policy, regulatory, and statutory changes
 3797  designed to protect residents’ rights, health, safety, and
 3798  welfare.
 3799         6. Contain any relevant recommendations from the local
 3800  councils regarding program functions and activities.
 3801         Section 121. Paragraph (b) of subsection (4) of section
 3802  400.0069, Florida Statutes, is amended to read:
 3803         400.0069 Local long-term care ombudsman councils; duties;
 3804  membership.—
 3805         (4) Each local council shall be composed of members whose
 3806  primary residence is located within the boundaries of the local
 3807  council’s jurisdiction.
 3808         (b) In no case shall the medical director of a long-term
 3809  care facility or an employee of the agency, the department, the
 3810  Department of Children and Families Family Services, or the
 3811  Agency for Persons with Disabilities serve as a member or as an
 3812  ex officio member of a council.
 3813         Section 122. Subsection (6) of section 400.021, Florida
 3814  Statutes, is amended to read:
 3815         400.021 Definitions.—When used in this part, unless the
 3816  context otherwise requires, the term:
 3817         (6) “Department” means the Department of Children and
 3818  Families Family Services.
 3819         Section 123. Paragraph (c) of subsection (1) of section
 3820  400.022, Florida Statutes, is amended to read:
 3821         400.022 Residents’ rights.—
 3822         (1) All licensees of nursing home facilities shall adopt
 3823  and make public a statement of the rights and responsibilities
 3824  of the residents of such facilities and shall treat such
 3825  residents in accordance with the provisions of that statement.
 3826  The statement shall assure each resident the following:
 3827         (c) Any entity or individual that provides health, social,
 3828  legal, or other services to a resident has the right to have
 3829  reasonable access to the resident. The resident has the right to
 3830  deny or withdraw consent to access at any time by any entity or
 3831  individual. Notwithstanding the visiting policy of the facility,
 3832  the following individuals must be permitted immediate access to
 3833  the resident:
 3834         1. Any representative of the federal or state government,
 3835  including, but not limited to, representatives of the Department
 3836  of Children and Families Family Services, the Department of
 3837  Health, the Agency for Health Care Administration, the Office of
 3838  the Attorney General, and the Department of Elderly Affairs; any
 3839  law enforcement officer; members of the state or local ombudsman
 3840  council; and the resident’s individual physician.
 3841         2. Subject to the resident’s right to deny or withdraw
 3842  consent, immediate family or other relatives of the resident.
 3843  
 3844  The facility must allow representatives of the State Long-Term
 3845  Care Ombudsman Council to examine a resident’s clinical records
 3846  with the permission of the resident or the resident’s legal
 3847  representative and consistent with state law.
 3848         Section 124. Subsection (8) of section 400.462, Florida
 3849  Statutes, is amended to read:
 3850         400.462 Definitions.—As used in this part, the term:
 3851         (8) “Department” means the Department of Children and
 3852  Families Family Services.
 3853         Section 125. Paragraph (b) of subsection (5) of section
 3854  400.464, Florida Statutes, is amended to read:
 3855         400.464 Home health agencies to be licensed; expiration of
 3856  license; exemptions; unlawful acts; penalties.—
 3857         (5) The following are exempt from the licensure
 3858  requirements of this part:
 3859         (b) Home health services provided by a state agency, either
 3860  directly or through a contractor with:
 3861         1. The Department of Elderly Affairs.
 3862         2. The Department of Health, a community health center, or
 3863  a rural health network that furnishes home visits for the
 3864  purpose of providing environmental assessments, case management,
 3865  health education, personal care services, family planning, or
 3866  followup treatment, or for the purpose of monitoring and
 3867  tracking disease.
 3868         3. Services provided to persons with developmental
 3869  disabilities, as defined in s. 393.063.
 3870         4. Companion and sitter organizations that were registered
 3871  under s. 400.509(1) on January 1, 1999, and were authorized to
 3872  provide personal services under a developmental services
 3873  provider certificate on January 1, 1999, may continue to provide
 3874  such services to past, present, and future clients of the
 3875  organization who need such services, notwithstanding the
 3876  provisions of this act.
 3877         5. The Department of Children and Families Family Services.
 3878         Section 126. Subsection (4) of section 400.925, Florida
 3879  Statutes, is amended to read:
 3880         400.925 Definitions.—As used in this part, the term:
 3881         (4) “Department” means the Department of Children and
 3882  Families Family Services.
 3883         Section 127. Section 402.04, Florida Statutes, is amended
 3884  to read:
 3885         402.04 Award of scholarships and stipends; disbursement of
 3886  funds; administration.—The award of scholarships or stipends
 3887  provided for herein shall be made by the Department of Children
 3888  and Families Family Services, hereinafter referred to as the
 3889  department. The department shall handle the administration of
 3890  the scholarship or stipend and the Department of Education
 3891  shall, for and on behalf of the department, handle the notes
 3892  issued for the payment of the scholarships or stipends provided
 3893  for herein and the collection of same. The department shall
 3894  prescribe regulations governing the payment of scholarships or
 3895  stipends to the school, college, or university for the benefit
 3896  of the scholarship or stipend holders. All scholarship awards,
 3897  expenses and costs of administration shall be paid from moneys
 3898  appropriated by the Legislature and shall be paid upon vouchers
 3899  approved by the department and properly certified by the Chief
 3900  Financial Officer.
 3901         Section 128. Section 402.06, Florida Statutes, is amended
 3902  to read:
 3903         402.06 Notes required of scholarship holders.—Each person
 3904  who receives a scholarship or stipend as provided for in this
 3905  chapter shall execute a promissory note under seal, on forms to
 3906  be prescribed by the Department of Education, which shall be
 3907  endorsed by his or her parent or guardian or, if the person is
 3908  18 years of age or older, by some responsible citizen and shall
 3909  deliver said note to the Department of Children and Families
 3910  Family Services. Each note shall be payable to the state and
 3911  shall bear interest at the rate of 5 percent per annum beginning
 3912  90 days after completion or termination of the training program.
 3913  Said note shall provide for all costs of collection to be paid
 3914  by the maker of the note. Said note shall be delivered by the
 3915  Department of Children and Families Family Services to said
 3916  Department of Education for collection and final disposition.
 3917         Section 129. Subsection (7) of section 402.07, Florida
 3918  Statutes, is amended to read:
 3919         402.07 Payment of notes.—Prior to the award of a
 3920  scholarship or stipend provided herein for trainees in
 3921  psychiatric social work, psychiatry, clinical psychology, or
 3922  psychiatric nursing, the recipient thereof must agree in writing
 3923  to practice his or her profession in the employ of any one of
 3924  the following institutions or agencies for 1 month for each
 3925  month of grant immediately after graduation or, in lieu thereof,
 3926  to repay the full amount of the scholarship or stipend together
 3927  with interest at the rate of 5 percent per annum over a period
 3928  not to exceed 10 years:
 3929         (7) Such other accredited social agencies or state
 3930  institutions as may be approved by the Department of Children
 3931  and Families Family Services.
 3932         Section 130. Section 402.115, Florida Statutes, is amended
 3933  to read:
 3934         402.115 Sharing confidential or exempt information.
 3935  Notwithstanding any other provision of law to the contrary, the
 3936  Department of Health, the Department of Children and Families
 3937  Family Services, and the Agency for Persons with Disabilities
 3938  may share confidential information or information exempt from
 3939  disclosure under chapter 119 on any individual who is or has
 3940  been the subject of a program within the jurisdiction of each
 3941  agency. Information so exchanged remains confidential or exempt
 3942  as provided by law.
 3943         Section 131. Section 402.12, Florida Statutes, is amended
 3944  to read:
 3945         402.12 National Community Mental Health Centers Act.—Any
 3946  federal funds accruing to the state for the purposes of carrying
 3947  out the national Community Mental Health Centers Act of 1963
 3948  shall be paid to the Department of Children and Families Family
 3949  Services for expenditure as directed by said department.
 3950         Section 132. Section 402.16, Florida Statutes, is amended
 3951  to read:
 3952         402.16 Proceedings by department.—
 3953         (1) Whenever it becomes necessary for the welfare and
 3954  convenience of any of the institutions now under the supervision
 3955  and control of the Department of Children and Families Family
 3956  Services, or which may hereafter be placed under the supervision
 3957  and control of said department, to acquire private property for
 3958  the use of any of said institutions, and the same cannot be
 3959  acquired by agreement satisfactory to the said department and
 3960  the parties interested in, or the owners of said private
 3961  property, the department is hereby empowered and authorized to
 3962  exercise the right of eminent domain, and to proceed to condemn
 3963  the said property in the same manner as provided by law for the
 3964  condemnation of property.
 3965         (2) Any suit or actions brought by the said department to
 3966  condemn property as provided in this section shall be brought in
 3967  the name of the Department of Children and Families Family
 3968  Services, and it shall be the duty of the Department of Legal
 3969  Affairs to conduct the proceedings for, and to act as counsel
 3970  for the said Department of Children and Families Family
 3971  Services.
 3972         Section 133. Section 402.161, Florida Statutes, is amended
 3973  to read:
 3974         402.161 Authorization for sale of property.—
 3975         (1) The Department of Children and Families Family Services
 3976  is authorized to sell any real or personal property that it
 3977  acquired by way of donation, gift, contribution, bequest, or
 3978  devise from any person, persons, or organizations when such real
 3979  or personal property is determined by the department not to be
 3980  necessary for use in connection with the work of the department.
 3981  All proceeds derived from the sale of such property shall be
 3982  transmitted to the State Treasury to be credited to the
 3983  department.
 3984         (2) The Department of Children and Families Family Services
 3985  is authorized to use for its purposes any moneys realized from
 3986  the sale of any such real or personal property. It is expressly
 3987  declared to be the intention of the Legislature that such moneys
 3988  are appropriated to the department and may be used by it for its
 3989  purposes. However, such moneys shall be withdrawn in accordance
 3990  with law. Such moneys are appropriated to the use of the
 3991  department in addition to other funds which have been or may
 3992  otherwise be appropriated for its purposes.
 3993         Section 134. Paragraph (b) of subsection (2) of section
 3994  402.164, Florida Statutes, is amended to read:
 3995         402.164 Legislative intent; definitions.—
 3996         (2) As used in this section through s. 402.167, the term:
 3997         (b) “Client” means a client of the Agency for Persons with
 3998  Disabilities, the Agency for Health Care Administration, the
 3999  Department of Children and Families Family Services, or the
 4000  Department of Elderly Affairs, as defined in s. 393.063, s.
 4001  394.67, s. 397.311, or s. 400.960, a forensic client or client
 4002  as defined in s. 916.106, a child or youth as defined in s.
 4003  39.01, a child as defined in s. 827.01, a family as defined in
 4004  s. 414.0252, a participant as defined in s. 429.901, a resident
 4005  as defined in s. 429.02, a Medicaid recipient or recipient as
 4006  defined in s. 409.901, a child receiving child care as defined
 4007  in s. 402.302, a disabled adult as defined in s. 410.032 or s.
 4008  410.603, or a victim as defined in s. 39.01 or s. 415.102 as
 4009  each definition applies within its respective chapter.
 4010         Section 135. Section 402.17, Florida Statutes, is amended
 4011  to read:
 4012         402.17 Claims for care and maintenance; trust property.—The
 4013  Department of Children and Families Family Services and the
 4014  Agency for Persons with Disabilities shall protect the financial
 4015  interest of the state with respect to claims that the state may
 4016  have for the care and maintenance of clients of the department
 4017  or agency. The department or agency shall, as trustee, hold in
 4018  trust and administer money and property designated for the
 4019  personal benefit of clients. The department or agency shall act
 4020  as trustee of clients’ money and property entrusted to it in
 4021  accordance with the usual fiduciary standards applicable
 4022  generally to trustees, and shall act to protect both the short
 4023  term and long-term interests of the clients for whose benefit it
 4024  is holding such money and property.
 4025         (1) CLAIMS FOR CARE AND MAINTENANCE.—
 4026         (a) The department or agency shall perform the following
 4027  acts:
 4028         1. Receive and supervise the collection of sums due the
 4029  state.
 4030         2. Bring any court action necessary to collect any claim
 4031  the state may have against any client, former client, guardian
 4032  of any client or former client, executor or administrator of the
 4033  client’s estate, or any person against whom any client or former
 4034  client may have a claim.
 4035         3. Obtain a copy of any inventory or appraisal of the
 4036  client’s property filed with any court.
 4037         4. Obtain from the department’s Economic Self-Sufficiency
 4038  Services Program Office a financial status report on any client
 4039  or former client, including the ability of third parties
 4040  responsible for such client to pay all or part of the cost of
 4041  the client’s care and maintenance.
 4042         5. Petition the court for appointment of a guardian or
 4043  administrator for an otherwise unrepresented client or former
 4044  client should the financial status report or other information
 4045  indicate the need for such action. The cost of any such action
 4046  shall be charged against the assets or estate of the client.
 4047         6. Represent the interest of the state in any litigation in
 4048  which a client or former client is a party.
 4049         7. File claims with any person, firm, or corporation or
 4050  with any federal, state, county, district, or municipal agency
 4051  on behalf of an unrepresented client.
 4052         8. Represent the state in the settlement of the estates of
 4053  deceased clients or in the settlement of estates in which a
 4054  client or a former client against whom the state may have a
 4055  claim has a financial interest.
 4056         9. Establish procedures by rule for the use of amounts held
 4057  in trust for the client to pay for the cost of care and
 4058  maintenance, if such amounts would otherwise cause the client to
 4059  become ineligible for services which are in the client’s best
 4060  interests.
 4061         (b) The department or agency may charge off accounts if it
 4062  certifies that the accounts are uncollectible after diligent
 4063  efforts have been made to collect them. If the department
 4064  certifies an account to the Department of Financial Services,
 4065  setting forth the circumstances upon which it predicates the
 4066  uncollectibility, and if, pursuant to s. 17.04, the Department
 4067  of Financial Services concurs, the account shall be charged off.
 4068         (2) MONEY OR OTHER PROPERTY RECEIVED FOR PERSONAL USE OR
 4069  BENEFIT OF ANY CLIENT.—The department or agency shall perform
 4070  the following acts:
 4071         (a) Accept and administer in trust, as a trustee having a
 4072  fiduciary responsibility to a client, any money or other
 4073  property received for personal use or benefit of that client. In
 4074  the case of children in the legal custody of the department,
 4075  following the termination of the parental rights, until the
 4076  child leaves the legal custody of the department due to adoption
 4077  or attaining the age of 18 or, in the case of children who are
 4078  otherwise in the custody of the department, the court having
 4079  jurisdiction over such child shall have jurisdiction, upon
 4080  application of the department or other interested party, to
 4081  review or approve any extraordinary action of the department
 4082  acting as trustee as to the child’s money or other property.
 4083  When directed by a court of competent jurisdiction, the
 4084  department may further hold money or property of a child who has
 4085  been in the care, custody, or control of the department and who
 4086  is the subject of a court proceeding during the pendency of that
 4087  proceeding.
 4088         (b) Deposit the money in banks qualified as state
 4089  depositories, or in any bank, credit union, or savings and loan
 4090  association authorized to do business in this state, provided
 4091  moneys so deposited or held by such institutions are fully
 4092  insured by a federal depository or share insurance program, or
 4093  an approved state depository or share insurance program, and are
 4094  available on demand.
 4095         (c) Withdraw the money and use it to meet current needs of
 4096  clients. For purposes of this paragraph, “current needs”
 4097  includes payment of fees assessed under s. 402.33. The amount of
 4098  money withdrawn shall take into account the need of the
 4099  department or agency, as the trustee of a client’s money and
 4100  property, to provide for the long-term needs of a client,
 4101  including, but not limited to, ensuring that a client under the
 4102  age of 18 will have sufficient financial resources available to
 4103  be able to function as an adult upon reaching the age of 18,
 4104  meeting the special needs of a client who has a disability and
 4105  whose special needs cannot otherwise be met by any form of
 4106  public assistance or family resources, or maintaining the
 4107  client’s eligibility for public assistance, including medical
 4108  assistance, under state or federal law.
 4109         (d) As trustee, invest in the manner authorized by law for
 4110  fiduciaries money not used for current needs of clients. Such
 4111  investments may include, but shall not be limited to,
 4112  investments in savings share accounts of any credit union
 4113  chartered under the laws of the United States and doing business
 4114  in this state, and savings share accounts of any credit union
 4115  chartered under the laws of this state, provided the credit
 4116  union is insured under the federal share insurance program or an
 4117  approved state share insurance program.
 4118         (3) DEPOSIT OF FUNDS RECEIVED.—Funds received by the
 4119  Department of Children and Families Family Services in
 4120  accordance with s. 402.33 shall be deposited into a trust fund
 4121  for the operation of the department.
 4122         (4) DISPOSITION OF UNCLAIMED TRUST FUNDS.—Upon the death of
 4123  any client affected by the provisions of this section, any
 4124  unclaimed money held in trust by the department, the agency, or
 4125  by the Chief Financial Officer for the child shall be applied
 4126  first to the payment of any unpaid claim of the state against
 4127  the client, and any balance remaining unclaimed for a period of
 4128  1 year shall escheat to the state as unclaimed funds held by
 4129  fiduciaries.
 4130         (5) LEGAL REPRESENTATION.—To the extent that the budget
 4131  will permit, the Department of Legal Affairs shall furnish the
 4132  legal services to carry out the provisions of this section. Upon
 4133  the request of the department or agency, the various state and
 4134  county attorneys shall assist in litigation within their
 4135  jurisdiction. The department or agency may retain legal counsel
 4136  for necessary legal services which cannot be furnished by the
 4137  Department of Legal Affairs and the various state and county
 4138  attorneys.
 4139         (6) DEPOSIT OR INVESTMENT OF FUNDS OF CLIENTS.—
 4140         (a) The department or agency may deposit any funds of
 4141  clients in its possession in any bank in the state or may invest
 4142  or reinvest such funds in bonds or obligations of the United
 4143  States for the payment of which the full faith and credit of the
 4144  United States is pledged. For purposes of deposit only, the
 4145  funds of any client may be mingled with the funds of any other
 4146  clients.
 4147         (b) The interest or increment accruing on such funds shall
 4148  be the property of the clients and shall be used or conserved
 4149  for the personal use or benefit of the client, in accordance
 4150  with the department’s or agency’s fiduciary responsibility as a
 4151  trustee for the money and property of the client. Such interest
 4152  shall not accrue to the general welfare of all clients. Whenever
 4153  any proposed action of the department or agency, acting in its
 4154  own interest, may conflict with the department’s or agency’s
 4155  fiduciary responsibility to the client, the department or agency
 4156  shall promptly present the matter to a court of competent
 4157  jurisdiction for the court’s determination as to what action the
 4158  department or agency may take. The department or agency shall
 4159  establish reasonable fees by rule for the cost of administering
 4160  such accounts and for establishing the minimum balance eligible
 4161  to earn interest.
 4162         (7) DISPOSITION OF MONEY AND PROPERTY OF CLIENTS UPON
 4163  ATTAINING AGE 18 OR DISCHARGE FROM CARE, CUSTODY, CONTROL, OR
 4164  SERVICES OF THE DEPARTMENT.—
 4165         (a) Whenever a client of the department for whom the
 4166  department is holding money or property as a trustee attains the
 4167  age of 18, and thereby will no longer be in the legal custody of
 4168  the department, the department shall promptly disburse such
 4169  money and property to that client, or as that client directs, as
 4170  soon as practicable.
 4171         (b) Whenever a client of the department over the age of 18
 4172  for whom the department is holding money or property as a
 4173  trustee no longer requires the care, custody, control, or
 4174  services of the department, the department shall promptly
 4175  disburse such money and property to that client, or as that
 4176  client or a court directs, as soon as practicable.
 4177         (c) When a client under the age of 18 who has been in the
 4178  legal custody, care, or control of the department and for whom
 4179  the department is holding money or property as a trustee attains
 4180  the age of 18 and has a physical or mental disability, or is
 4181  otherwise incapacitated or incompetent to handle that client’s
 4182  own financial affairs, the department shall apply for a court
 4183  order from a court of competent jurisdiction to establish a
 4184  trust on behalf of that client. Where there is no willing
 4185  relative of the client acceptable to the court available to
 4186  serve as trustee of such proposed trust, the court may enter an
 4187  order authorizing the department to serve as trustee of a
 4188  separate trust under such terms and conditions as the court
 4189  determines appropriate to the circumstances.
 4190         (d) When a client under the age of 18 who has been in the
 4191  legal custody, care, or control of the department and for whom
 4192  the department is holding money or property as a trustee leaves
 4193  the care, custody, and control of the department due to adoption
 4194  or placement of the client with a relative, or as otherwise
 4195  directed by a court of competent jurisdiction, the department
 4196  shall notify that court of the existence of the money and
 4197  property either prior to, or promptly after, receiving knowledge
 4198  of the change of custody, care, or control. The department shall
 4199  apply for an order from the court exercising jurisdiction over
 4200  the client to direct the disposition of the money and property
 4201  belonging to that client. The court order may establish a trust
 4202  in which the money and property of the client will be deposited,
 4203  appoint a guardian of a property as to the money or property of
 4204  the client, or direct the creation of a Uniform Transfers to
 4205  Minors Act account on behalf of that client, under the terms and
 4206  conditions the court determines appropriate to the
 4207  circumstances.
 4208         Section 136. Subsection (1) of section 402.18, Florida
 4209  Statutes, is amended to read:
 4210         402.18 Welfare trust funds created; use of.—
 4211         (1) All moneys now held in any auxiliary, canteen, welfare,
 4212  donated, or similar fund in any state institution under the
 4213  jurisdiction of the Department of Children and Families Family
 4214  Services shall be deposited in a welfare trust fund, which fund
 4215  is hereby created in the State Treasury, or in a place which the
 4216  department shall designate. The money in the fund of each
 4217  institution of the department, or which may accrue thereto, is
 4218  hereby appropriated for the benefit, education, and general
 4219  welfare of clients in that institution. The general welfare of
 4220  clients includes, but is not limited to, the establishment of,
 4221  maintenance of, employment of personnel for, and the purchase of
 4222  items for resale at canteens or vending machines maintained at
 4223  the state institutions and for the establishment of, maintenance
 4224  of, employment of personnel for, and the operation of canteens,
 4225  hobby shops, recreational or entertainment facilities, sheltered
 4226  workshops, activity centers, farming projects, or other like
 4227  facilities or programs at the institutions.
 4228         Section 137. Subsection (1) and paragraph (b) of subsection
 4229  (3) of section 402.181, Florida Statutes, are amended to read:
 4230         402.181 State Institutions Claims Program.—
 4231         (1) There is created a State Institutions Claims Program,
 4232  for the purpose of making restitution for property damages and
 4233  direct medical expenses for injuries caused by shelter children
 4234  or foster children, or escapees, inmates, or patients of state
 4235  institutions or developmental disabilities centers under the
 4236  Department of Children and Families Family Services, the
 4237  Department of Health, the Department of Juvenile Justice, the
 4238  Department of Corrections, or the Agency for Persons with
 4239  Disabilities.
 4240         (3)
 4241         (b) The Department of Legal Affairs shall work with the
 4242  Department of Children and Families Family Services, the
 4243  Department of Health, the Department of Juvenile Justice, the
 4244  Department of Corrections, and the Agency for Persons with
 4245  Disabilities to streamline the process of investigations,
 4246  hearings, and determinations with respect to claims under this
 4247  section, to ensure that eligible claimants receive restitution
 4248  within a reasonable time.
 4249         Section 138. Section 402.185, Florida Statutes, is amended
 4250  to read:
 4251         402.185 Productivity enhancing technology.—In accordance
 4252  with the provisions of chapter 216, 20 percent of any
 4253  unobligated General Revenue Fund or any trust fund appropriation
 4254  for salaries and benefits, expenses, other personal services,
 4255  operating capital outlay, and special categories remaining at
 4256  the end of a fiscal year shall be available to the Department of
 4257  Children and Families Family Services for purchases of
 4258  productivity-enhancing technology, to improve existing services,
 4259  and for community services initiatives. Funds used for such
 4260  purposes may be certified forward.
 4261         Section 139. Section 402.19, Florida Statutes, is amended
 4262  to read:
 4263         402.19 Photographing records; destruction of records;
 4264  effect as evidence.—The Department of Children and Families
 4265  Family Services may authorize each of the agencies under its
 4266  supervision and control to photograph, microphotograph, or
 4267  reproduce on film or prints, such correspondence, documents,
 4268  records, data, and other information as the department shall
 4269  determine, and which is not otherwise authorized to be
 4270  reproduced under chapter 119, whether the same shall be of a
 4271  temporary or permanent character and whether public, private, or
 4272  confidential, including that pertaining to patients or inmates
 4273  of the agencies, and to destroy any of said documents after they
 4274  have been reproduced. Photographs or microphotographs in the
 4275  form of film or prints made in compliance with the provisions of
 4276  this section shall have the same force and effect as the
 4277  originals thereof would have, and shall be treated as originals
 4278  for the purpose of their admissibility in evidence. Duly
 4279  certified or authenticated reproductions of such photographs or
 4280  microphotographs shall be admitted in evidence equally with the
 4281  original photographs or microphotographs.
 4282         Section 140. Section 402.20, Florida Statutes, is amended
 4283  to read:
 4284         402.20 County contracts authorized for services and
 4285  facilities for mental health and developmental disabilities.—The
 4286  boards of county commissioners are authorized to provide
 4287  monetary grants and facilities, and to enter into renewable
 4288  contracts, for services and facilities, for a period not to
 4289  exceed 2 years, with public and private hospitals, clinics, and
 4290  laboratories; other state agencies, departments, or divisions;
 4291  the state colleges and universities; the community colleges;
 4292  private colleges and universities; counties; municipalities;
 4293  towns; townships; and any other governmental unit or nonprofit
 4294  organization which provides needed facilities for persons with
 4295  mental illness or developmental disabilities. These services are
 4296  hereby declared to be for a public and county purpose. The
 4297  county commissioners may make periodic inspections to assure
 4298  that the services or facilities provided under this chapter meet
 4299  the standards of the Department of Children and Families Family
 4300  Services and the Agency for Persons with Disabilities.
 4301         Section 141. Paragraph (a) of subsection (1) and
 4302  subsections (2), (3), and (4) of section 402.22, Florida
 4303  Statutes, are amended to read:
 4304         402.22 Education program for students who reside in
 4305  residential care facilities operated by the Department of
 4306  Children and Families Family Services or the Agency for Persons
 4307  with Disabilities.—
 4308         (1)(a) The Legislature recognizes that the Department of
 4309  Children and Families Family Services and the Agency for Persons
 4310  with Disabilities have under their residential care students
 4311  with critical problems of physical impairment, emotional
 4312  disturbance, mental impairment, and learning impairment.
 4313         (2) District school boards shall establish educational
 4314  programs for all students ages 5 through 18 under the
 4315  residential care of the Department of Children and Families
 4316  Family Services and the Agency for Persons with Disabilities,
 4317  and may provide for students below age 3 as provided for in s.
 4318  1003.21(1)(e). Funding of such programs shall be pursuant to s.
 4319  1011.62.
 4320         (3) Notwithstanding any provisions of chapters 39, 393,
 4321  394, and 397 to the contrary, the services of the Department of
 4322  Children and Families Family Services and the Agency for Persons
 4323  with Disabilities and those of the Department of Education and
 4324  district school boards shall be mutually supportive and
 4325  complementary of each other. The education programs provided by
 4326  the district school board shall meet the standards prescribed by
 4327  the State Board of Education and the district school board.
 4328  Decisions regarding the design and delivery of department or
 4329  agency treatment or habilitative services shall be made by
 4330  interdisciplinary teams of professional and paraprofessional
 4331  staff of which appropriate district school system administrative
 4332  and instructional personnel shall be invited to be participating
 4333  members. The requirements for maintenance of confidentiality as
 4334  prescribed in chapters 39, 393, 394, and 397 shall be applied to
 4335  information used by such interdisciplinary teams, and such
 4336  information shall be exempt from the provisions of ss. 119.07(1)
 4337  and 286.011.
 4338         (4) Students age 18 and under who are under the residential
 4339  care of the Department of Children and Families Family Services
 4340  or the Agency for Persons with Disabilities and who receive an
 4341  education program shall be calculated as full-time equivalent
 4342  student membership in the appropriate cost factor as provided
 4343  for in s. 1011.62(1)(c). Residential care facilities shall
 4344  include, but not be limited to, developmental disabilities
 4345  centers and state mental health facilities. All students shall
 4346  receive their education program from the district school system,
 4347  and funding shall be allocated through the Florida Education
 4348  Finance Program for the district school system.
 4349         Section 142. Subsection (5) of section 402.281, Florida
 4350  Statutes, is amended to read:
 4351         402.281 Gold Seal Quality Care program.—
 4352         (5) The Department of Children and Families Family Services
 4353  shall adopt rules under ss. 120.536(1) and 120.54 which provide
 4354  criteria and procedures for reviewing and approving accrediting
 4355  associations for participation in the Gold Seal Quality Care
 4356  program, conferring and revoking designations of Gold Seal
 4357  Quality Care providers, and classifying violations.
 4358         Section 143. Subsections (5) and (16) of section 402.302,
 4359  Florida Statutes, are amended to read:
 4360         402.302 Definitions.—As used in this chapter, the term:
 4361         (5) “Department” means the Department of Children and
 4362  Families Family Services.
 4363         (16) “Secretary” means the Secretary of Children and
 4364  Families Family Services.
 4365         Section 144. Section 402.30501, Florida Statutes, is
 4366  amended to read:
 4367         402.30501 Modification of introductory child care course
 4368  for community college credit authorized.—The Department of
 4369  Children and Families Family Services may modify the 40-clock
 4370  hour introductory course in child care under s. 402.305 or s.
 4371  402.3131 to meet the requirements of articulating the course to
 4372  community college credit. Any modification must continue to
 4373  provide that the course satisfies the requirements of s.
 4374  402.305(2)(d).
 4375         Section 145. Section 402.3115, Florida Statutes, is amended
 4376  to read:
 4377         402.3115 Elimination of duplicative and unnecessary
 4378  inspections; abbreviated inspections.—The Department of Children
 4379  and Families Family Services and local governmental agencies
 4380  that license child care facilities shall develop and implement a
 4381  plan to eliminate duplicative and unnecessary inspections of
 4382  child care facilities. In addition, the department and the local
 4383  governmental agencies shall develop and implement an abbreviated
 4384  inspection plan for child care facilities that have had no Class
 4385  1 or Class 2 deficiencies, as defined by rule, for at least 2
 4386  consecutive years. The abbreviated inspection must include those
 4387  elements identified by the department and the local governmental
 4388  agencies as being key indicators of whether the child care
 4389  facility continues to provide quality care and programming.
 4390         Section 146. Paragraph (c) of subsection (1) of section
 4391  402.33, Florida Statutes, is amended to read:
 4392         402.33 Department authority to charge fees for services
 4393  provided.—
 4394         (1) As used in this section, the term:
 4395         (c) “Department” means the Department of Children and
 4396  Families Family Services, the Department of Health, and the
 4397  Agency for Persons with Disabilities.
 4398         Section 147. Section 402.35, Florida Statutes, is amended
 4399  to read:
 4400         402.35 Employees.—All personnel of the Department of
 4401  Children and Families Family Services shall be governed by rules
 4402  and regulations adopted and promulgated by the Department of
 4403  Management Services relative thereto except the director and
 4404  persons paid on a fee basis. The Department of Children and
 4405  Families Family Services may participate with other state
 4406  departments and agencies in a joint merit system.
 4407         Section 148. Subsection (1), paragraph (a) of subsection
 4408  (4), paragraph (a) of subsection (5), and subsection (6) of
 4409  section 402.40, Florida Statutes, are amended to read:
 4410         402.40 Child welfare training and certification.—
 4411         (1) LEGISLATIVE INTENT.—In order to enable the state to
 4412  provide a systematic approach to staff development and training
 4413  for persons providing child welfare services that will meet the
 4414  needs of such staff in their discharge of duties, it is the
 4415  intent of the Legislature that the Department of Children and
 4416  Families Family Services work in collaboration with the child
 4417  welfare stakeholder community, including department-approved
 4418  third-party credentialing entities, to ensure that staff have
 4419  the knowledge, skills, and abilities necessary to competently
 4420  provide child welfare services. It is the intent of the
 4421  Legislature that each person providing child welfare services in
 4422  this state earns and maintains a professional certification from
 4423  a professional credentialing entity that is approved by the
 4424  Department of Children and Families Family Services. The
 4425  Legislature further intends that certification and training
 4426  programs will aid in the reduction of poor staff morale and of
 4427  staff turnover, will positively impact on the quality of
 4428  decisions made regarding children and families who require
 4429  assistance from programs providing child welfare services, and
 4430  will afford better quality care of children who must be removed
 4431  from their families.
 4432         (4) CHILD WELFARE TRAINING TRUST FUND.—
 4433         (a) There is created within the State Treasury a Child
 4434  Welfare Training Trust Fund to be used by the Department of
 4435  Children and Families Family Services for the purpose of funding
 4436  the professional development of persons providing child welfare
 4437  services.
 4438         (5) CORE COMPETENCIES.—
 4439         (a) The Department of Children and Families Family Services
 4440  shall approve the core competencies and related preservice
 4441  curricula that ensures that each person delivering child welfare
 4442  services obtains the knowledge, skills, and abilities to
 4443  competently carry out his or her work responsibilities.
 4444         (6) ADOPTION OF RULES.—The Department of Children and
 4445  Families Family Services shall adopt rules necessary to carry
 4446  out the provisions of this section.
 4447         Section 149. Section 402.401, Florida Statutes, is amended
 4448  to read:
 4449         402.401 Florida Child Welfare Student Loan Forgiveness
 4450  Program.—There is created the Florida Child Welfare Student Loan
 4451  Forgiveness Program to be administered by the Department of
 4452  Children and Families Family Services. The program shall provide
 4453  loan reimbursement to eligible employees in child welfare
 4454  positions that are critical to the department’s mission, as
 4455  determined by the department, and that are within the
 4456  department, sheriff’s offices, or contracted community-based
 4457  care agencies. To be eligible for a program loan, the employee’s
 4458  outstanding student loans may not be in a default status. This
 4459  section shall be implemented only as specifically funded.
 4460         Section 150. Subsection (2) of section 402.47, Florida
 4461  Statutes, is amended to read:
 4462         402.47 Foster grandparent and retired senior volunteer
 4463  services to high-risk and handicapped children.—
 4464         (2) The Department of Children and Families Family Services
 4465  shall:
 4466         (a) Establish a program to provide foster grandparent and
 4467  retired senior volunteer services to high-risk and handicapped
 4468  children. Foster grandparent services and retired senior
 4469  volunteer services to high-risk and handicapped children shall
 4470  be under the supervision of the department, in coordination with
 4471  intraagency and interagency programs and agreements as provided
 4472  for in s. 411.203.
 4473         (b) In authorized districts, contract with foster
 4474  grandparent programs and retired senior volunteer programs for
 4475  services to high-risk and handicapped children, utilizing funds
 4476  appropriated for handicap prevention.
 4477         (c) Develop guidelines for the provision of foster
 4478  grandparent services and retired senior volunteer services to
 4479  high-risk and handicapped children, and monitor and evaluate the
 4480  implementation of the program.
 4481         (d) Coordinate with the Federal Action State Office
 4482  regarding the development of criteria for program elements and
 4483  funding.
 4484         Section 151. Subsection (1) of section 402.49, Florida
 4485  Statutes, is amended to read:
 4486         402.49 Mediation process established.—
 4487         (1) The Department of Children and Families Family Services
 4488  shall establish a mediation process for the purpose of resolving
 4489  disputes that arise between the department and agencies that are
 4490  operating under contracts with the department.
 4491         Section 152. Paragraph (a) of subsection (4) of section
 4492  402.56, Florida Statutes, is amended to read:
 4493         402.56 Children’s cabinet; organization; responsibilities;
 4494  annual report.—
 4495         (4) MEMBERS.—The cabinet shall consist of 14 members
 4496  including the Governor and the following persons:
 4497         (a)1. The Secretary of Children and Families Family
 4498  Services;
 4499         2. The Secretary of Juvenile Justice;
 4500         3. The director of the Agency for Persons with
 4501  Disabilities;
 4502         4. The director of the Office of Early Learning;
 4503         5. The State Surgeon General;
 4504         6. The Secretary of Health Care Administration;
 4505         7. The Commissioner of Education;
 4506         8. The director of the Statewide Guardian Ad Litem Office;
 4507         9. The director of the Office of Child Abuse Prevention;
 4508  and
 4509         10. Five members representing children and youth advocacy
 4510  organizations, who are not service providers and who are
 4511  appointed by the Governor.
 4512         Section 153. Section 402.70, Florida Statutes, is amended
 4513  to read:
 4514         402.70 Interagency agreement between Department of Health
 4515  and Department of Children and Families Family Services.—The
 4516  Department of Health and the Department of Children and Families
 4517  Family Services shall enter into an interagency agreement to
 4518  ensure coordination and cooperation in identifying client
 4519  populations, developing service delivery systems, and meeting
 4520  the needs of the state’s residents. The interagency agreement
 4521  must address cooperative programmatic issues, rules-development
 4522  issues, and any other issues that must be resolved to ensure the
 4523  continued working relationship among the health and family
 4524  services programs of the two departments.
 4525         Section 154. Subsection (1) of section 402.73, Florida
 4526  Statutes, is amended to read:
 4527         402.73 Contracting and performance standards.—
 4528         (1) The Department of Children and Families Family Services
 4529  shall adopt, by rule, provisions for including in its contracts
 4530  incremental penalties to be imposed by its contract managers on
 4531  a service provider due to the provider’s failure to comply with
 4532  a requirement for corrective action. Any financial penalty that
 4533  is imposed upon a provider may not be paid from funds being used
 4534  to provide services to clients, and the provider may not reduce
 4535  the amount of services being delivered to clients as a method
 4536  for offsetting the impact of the penalty. If a financial penalty
 4537  is imposed upon a provider that is a corporation, the department
 4538  shall notify, at a minimum, the board of directors of the
 4539  corporation. The department may notify, at its discretion, any
 4540  additional parties that the department believes may be helpful
 4541  in obtaining the corrective action that is being sought.
 4542  Further, the rules adopted by the department must include
 4543  provisions that permit the department to deduct the financial
 4544  penalties from funds that would otherwise be due to the
 4545  provider, not to exceed 10 percent of the amount that otherwise
 4546  would be due to the provider for the period of noncompliance. If
 4547  the department imposes a financial penalty, it shall advise the
 4548  provider in writing of the cause for the penalty. A failure to
 4549  include such deductions in a request for payment constitutes a
 4550  ground for the department to reject that request for payment.
 4551  The remedies identified in this subsection do not limit or
 4552  restrict the department’s application of any other remedy
 4553  available to it in the contract or under law. The remedies
 4554  described in this subsection may be cumulative and may be
 4555  assessed upon each separate failure to comply with instructions
 4556  from the department to complete corrective action.
 4557         Section 155. Paragraph (c) of subsection (1) and subsection
 4558  (3) of section 402.7305, Florida Statutes, are amended to read:
 4559         402.7305 Department of Children and Families Family
 4560  Services; procurement of contractual services; contract
 4561  management.—
 4562         (1) DEFINITIONS.—As used in this section, the term:
 4563         (c) “Department” means the Department of Children and
 4564  Families Family Services.
 4565         (3) CONTRACT MANAGEMENT REQUIREMENTS AND PROCESS.—The
 4566  Department of Children and Families Family Services shall review
 4567  the time period for which the department executes contracts and
 4568  shall execute multiyear contracts to make the most efficient use
 4569  of the resources devoted to contract processing and execution.
 4570  Whenever the department chooses not to use a multiyear contract,
 4571  a justification for that decision must be contained in the
 4572  contract. Notwithstanding s. 287.057(14), the department is
 4573  responsible for establishing a contract management process that
 4574  requires a member of the department’s Senior Management or
 4575  Selected Exempt Service to assign in writing the responsibility
 4576  of a contract to a contract manager. The department shall
 4577  maintain a set of procedures describing its contract management
 4578  process which must minimally include the following requirements:
 4579         (a) The contract manager shall maintain the official
 4580  contract file throughout the duration of the contract and for a
 4581  period not less than 6 years after the termination of the
 4582  contract.
 4583         (b) The contract manager shall review all invoices for
 4584  compliance with the criteria and payment schedule provided for
 4585  in the contract and shall approve payment of all invoices before
 4586  their transmission to the Department of Financial Services for
 4587  payment.
 4588         (c) The contract manager shall maintain a schedule of
 4589  payments and total amounts disbursed and shall periodically
 4590  reconcile the records with the state’s official accounting
 4591  records.
 4592         (d) For contracts involving the provision of direct client
 4593  services, the contract manager shall periodically visit the
 4594  physical location where the services are delivered and speak
 4595  directly to clients receiving the services and the staff
 4596  responsible for delivering the services.
 4597         (e) The contract manager shall meet at least once a month
 4598  directly with the contractor’s representative and maintain
 4599  records of such meetings.
 4600         (f) The contract manager shall periodically document any
 4601  differences between the required performance measures and the
 4602  actual performance measures. If a contractor fails to meet and
 4603  comply with the performance measures established in the
 4604  contract, the department may allow a reasonable period for the
 4605  contractor to correct performance deficiencies. If performance
 4606  deficiencies are not resolved to the satisfaction of the
 4607  department within the prescribed time, and if no extenuating
 4608  circumstances can be documented by the contractor to the
 4609  department’s satisfaction, the department must terminate the
 4610  contract. The department may not enter into a new contract with
 4611  that same contractor for the services for which the contract was
 4612  previously terminated for a period of at least 24 months after
 4613  the date of termination. The contract manager shall obtain and
 4614  enforce corrective action plans, if appropriate, and maintain
 4615  records regarding the completion or failure to complete
 4616  corrective action items.
 4617         (g) The contract manager shall document any contract
 4618  modifications, which shall include recording any contract
 4619  amendments as provided for in this section.
 4620         (h) The contract manager shall be properly trained before
 4621  being assigned responsibility for any contract.
 4622         Section 156. Section 402.7306, Florida Statutes, is amended
 4623  to read:
 4624         402.7306 Administrative monitoring of child welfare
 4625  providers, and administrative, licensure, and programmatic
 4626  monitoring of mental health and substance abuse service
 4627  providers.—The Department of Children and Families Family
 4628  Services, the Department of Health, the Agency for Persons with
 4629  Disabilities, the Agency for Health Care Administration,
 4630  community-based care lead agencies, managing entities as defined
 4631  in s. 394.9082, and agencies who have contracted with monitoring
 4632  agents shall identify and implement changes that improve the
 4633  efficiency of administrative monitoring of child welfare
 4634  services, and the administrative, licensure, and programmatic
 4635  monitoring of mental health and substance abuse service
 4636  providers. For the purpose of this section, the term “mental
 4637  health and substance abuse service provider” means a provider
 4638  who provides services to this state’s priority population as
 4639  defined in s. 394.674. To assist with that goal, each such
 4640  agency shall adopt the following policies:
 4641         (1) Limit administrative monitoring to once every 3 years
 4642  if the child welfare provider is accredited by an accrediting
 4643  organization whose standards incorporate comparable licensure
 4644  regulations required by this state. If the accrediting body does
 4645  not require documentation that the state agency requires, that
 4646  documentation shall be requested by the state agency and may be
 4647  posted by the service provider on the data warehouse for the
 4648  agency’s review. Notwithstanding the survey or inspection of an
 4649  accrediting organization specified in this subsection, an agency
 4650  specified in and subject to this section may continue to monitor
 4651  the service provider as necessary with respect to:
 4652         (a) Ensuring that services for which the agency is paying
 4653  are being provided.
 4654         (b) Investigating complaints or suspected problems and
 4655  monitoring the service provider’s compliance with resulting
 4656  negotiated terms and conditions, including provisions relating
 4657  to consent decrees that are unique to a specific service and are
 4658  not statements of general applicability.
 4659         (c) Ensuring compliance with federal and state laws,
 4660  federal regulations, or state rules if such monitoring does not
 4661  duplicate the accrediting organization’s review pursuant to
 4662  accreditation standards.
 4663  
 4664  Medicaid certification and precertification reviews are exempt
 4665  from this subsection to ensure Medicaid compliance.
 4666         (2) Limit administrative, licensure, and programmatic
 4667  monitoring to once every 3 years if the mental health or
 4668  substance abuse service provider is accredited by an accrediting
 4669  organization whose standards incorporate comparable licensure
 4670  regulations required by this state. If the services being
 4671  monitored are not the services for which the provider is
 4672  accredited, the limitations of this subsection do not apply. If
 4673  the accrediting body does not require documentation that the
 4674  state agency requires, that documentation, except documentation
 4675  relating to licensure applications and fees, must be requested
 4676  by the state agency and may be posted by the service provider on
 4677  the data warehouse for the agency’s review. Notwithstanding the
 4678  survey or inspection of an accrediting organization specified in
 4679  this subsection, an agency specified in and subject to this
 4680  section may continue to monitor the service provider as
 4681  necessary with respect to:
 4682         (a) Ensuring that services for which the agency is paying
 4683  are being provided.
 4684         (b) Investigating complaints, identifying problems that
 4685  would affect the safety or viability of the service provider,
 4686  and monitoring the service provider’s compliance with resulting
 4687  negotiated terms and conditions, including provisions relating
 4688  to consent decrees that are unique to a specific service and are
 4689  not statements of general applicability.
 4690         (c) Ensuring compliance with federal and state laws,
 4691  federal regulations, or state rules if such monitoring does not
 4692  duplicate the accrediting organization’s review pursuant to
 4693  accreditation standards.
 4694  
 4695  Federal certification and precertification reviews are exempt
 4696  from this subsection to ensure Medicaid compliance.
 4697         (3) Allow private sector development and implementation of
 4698  an Internet-based, secure, and consolidated data warehouse and
 4699  archive for maintaining corporate, fiscal, and administrative
 4700  records of child welfare, mental health, or substance abuse
 4701  service providers. A service provider shall ensure that the data
 4702  is up to date and accessible to the applicable agency under this
 4703  section and the appropriate agency subcontractor. A service
 4704  provider shall submit any revised, updated information to the
 4705  data warehouse within 10 business days after receiving the
 4706  request. An agency that conducts administrative monitoring of
 4707  child welfare, mental health, or substance abuse service
 4708  providers under this section must use the data warehouse for
 4709  document requests. If the information provided to the agency by
 4710  the provider’s data warehouse is not current or is unavailable
 4711  from the data warehouse and archive, the agency may contact the
 4712  service provider directly. A service provider that fails to
 4713  comply with an agency’s requested documents may be subject to a
 4714  site visit to ensure compliance. Access to the data warehouse
 4715  must be provided without charge to an applicable agency under
 4716  this section. At a minimum, the records must include the service
 4717  provider’s:
 4718         (a) Articles of incorporation.
 4719         (b) Bylaws.
 4720         (c) Governing board and committee minutes.
 4721         (d) Financial audits.
 4722         (e) Expenditure reports.
 4723         (f) Compliance audits.
 4724         (g) Organizational charts.
 4725         (h) Governing board membership information.
 4726         (i) Human resource policies and procedures.
 4727         (j) Staff credentials.
 4728         (k) Monitoring procedures, including tools and schedules.
 4729         (l) Procurement and contracting policies and procedures.
 4730         (m) Monitoring reports.
 4731         Section 157. Subsection (1) of section 402.731, Florida
 4732  Statutes, is amended to read:
 4733         402.731 Department of Children and Families Family Services
 4734  certification programs for employees and service providers;
 4735  employment provisions for transition to community-based care.—
 4736         (1) The Department of Children and Families Family Services
 4737  is authorized to approve third-party credentialing entities, as
 4738  defined in s. 402.40, for its employees and service providers to
 4739  ensure that only qualified employees and service providers
 4740  provide client services.
 4741         Section 158. Section 402.80, Florida Statutes, is amended
 4742  to read:
 4743         402.80 Office of Community Partners.—There is established
 4744  the Office of Community Partners within the Department of Health
 4745  for the purpose of receiving, coordinating, and dispensing
 4746  federal funds set aside to expand the delivery of social
 4747  services through eligible private community organizations and
 4748  programs. The office shall provide policy direction and promote
 4749  civic initiatives which seek to preserve and strengthen families
 4750  and communities. The Department of Health, the Department of
 4751  Children and Families Family Services, the Department of
 4752  Juvenile Justice, and the Department of Corrections may request
 4753  transfer of general revenue funds between agencies, as approved
 4754  by the Legislative Budget Commission, as necessary to match
 4755  federal funds received by the Office of Community Partners for
 4756  these initiatives.
 4757         Section 159. Subsection (4) of section 402.81, Florida
 4758  Statutes, is amended to read:
 4759         402.81 Pharmaceutical expense assistance.—
 4760         (4) ADMINISTRATION.—The pharmaceutical expense assistance
 4761  program shall be administered by the agency, in collaboration
 4762  with the Department of Elderly Affairs and the Department of
 4763  Children and Families Family Services. By January 1 of each
 4764  year, the agency shall report to the Legislature on the
 4765  operation of the program. The report shall include information
 4766  on the number of individuals served, use rates, and expenditures
 4767  under the program.
 4768         Section 160. Section 402.86, Florida Statutes, is amended
 4769  to read:
 4770         402.86 Rulemaking authority for refugee assistance
 4771  program.—
 4772         (1) The Department of Children and Families Family Services
 4773  has the authority to administer the refugee assistance program
 4774  in accordance with 45 C.F.R. parts 400 and 401. The Department
 4775  of Children and Families Family Services or a child-placing or
 4776  child-caring agency designated by the department may petition in
 4777  circuit court to establish custody. Upon making a finding that a
 4778  child is an Unaccompanied Refugee Minor as defined in 45 C.F.R.
 4779  s. 400.111, the court may establish custody and placement of the
 4780  child in the Unaccompanied Refugee Minor Program.
 4781         (2) The Department of Children and Families Family Services
 4782  shall adopt any rules necessary for the implementation and
 4783  administration of this section.
 4784         Section 161. Section 402.87, Florida Statutes, is amended
 4785  to read:
 4786         402.87 Services to immigrant survivors of human
 4787  trafficking, domestic violence, and other serious crimes.—The
 4788  Department of Children and Families Family Services shall
 4789  establish a structure by which the department shall:
 4790         (1) Provide services to immigrant survivors of human
 4791  trafficking, domestic violence, and other serious crimes, during
 4792  the interim period between the time the survivor applies for a
 4793  visa and receives such visa from the United States Department of
 4794  Homeland Security or receives certification from the United
 4795  States Department of Health and Human Services.
 4796         (2) Ensure that immigrant survivors of serious crimes are
 4797  eligible to receive existing state and local benefits and
 4798  services to the same extent that refugees receive those benefits
 4799  and services.
 4800         (3) Ensure that immigrant survivors of serious crimes have
 4801  access to state-funded services that are equivalent to the
 4802  federal programs that provide cash, medical services, and social
 4803  service for refugees.
 4804         (4) Provide survivors of serious crimes with medical care,
 4805  mental health care, and basic assistance in order to help them
 4806  secure housing, food, and supportive services.
 4807         (5) Create a state-funded component of the cash, medical,
 4808  and social services programs for refugees for the purpose of
 4809  serving immigrant survivors during the temporary period while
 4810  they wait for federal processing to be completed.
 4811         (6) Provide that a sworn statement by a survivor is
 4812  sufficient evidence for the purposes of determining eligibility
 4813  if that statement is supported by at least one item of
 4814  additional evidence, including, but not limited to:
 4815         (a) Police and court records;
 4816         (b) News articles;
 4817         (c) Documentation from a professional agency;
 4818         (d) Physical evidence; or
 4819         (e) A statement from an individual having knowledge of the
 4820  circumstances providing the basis for the claim.
 4821         (7) Develop a public awareness program for employers and
 4822  other organizations that may come into contact with immigrant
 4823  survivors of human trafficking in order to provide education and
 4824  raise awareness of the problem.
 4825         Section 162. Paragraph (b) of subsection (2) of section
 4826  408.033, Florida Statutes, is amended to read:
 4827         408.033 Local and state health planning.—
 4828         (2) FUNDING.—
 4829         (b)1. A hospital licensed under chapter 395, a nursing home
 4830  licensed under chapter 400, and an assisted living facility
 4831  licensed under chapter 429 shall be assessed an annual fee based
 4832  on number of beds.
 4833         2. All other facilities and organizations listed in
 4834  paragraph (a) shall each be assessed an annual fee of $150.
 4835         3. Facilities operated by the Department of Children and
 4836  Families Family Services, the Department of Health, or the
 4837  Department of Corrections and any hospital which meets the
 4838  definition of rural hospital pursuant to s. 395.602 are exempt
 4839  from the assessment required in this subsection.
 4840         Section 163. Subsection (4) of section 408.20, Florida
 4841  Statutes, is amended to read:
 4842         408.20 Assessments; Health Care Trust Fund.—
 4843         (4) Hospitals operated by the Department of Children and
 4844  Families Family Services, the Department of Health, or the
 4845  Department of Corrections are exempt from the assessments
 4846  required under this section.
 4847         Section 164. Section 408.301, Florida Statutes, is amended
 4848  to read:
 4849         408.301 Legislative findings.—The Legislature has found
 4850  that access to quality, affordable, health care for all
 4851  Floridians is an important goal for the state. The Legislature
 4852  recognizes that there are Floridians with special health care
 4853  and social needs which require particular attention. The people
 4854  served by the Department of Children and Families Family
 4855  Services, the Agency for Persons with Disabilities, the
 4856  Department of Health, and the Department of Elderly Affairs are
 4857  examples of citizens with special needs. The Legislature further
 4858  recognizes that the Medicaid program is an intricate part of the
 4859  service delivery system for the special needs citizens. However,
 4860  the Agency for Health Care Administration is not a service
 4861  provider and does not develop or direct programs for the special
 4862  needs citizens. Therefore, it is the intent of the Legislature
 4863  that the Agency for Health Care Administration work closely with
 4864  the Department of Children and Families Family Services, the
 4865  Agency for Persons with Disabilities, the Department of Health,
 4866  and the Department of Elderly Affairs in developing plans for
 4867  assuring access to all Floridians in order to assure that the
 4868  needs of special citizens are met.
 4869         Section 165. Section 408.302, Florida Statutes, is amended
 4870  to read:
 4871         408.302 Interagency agreement.—
 4872         (1) The Agency for Health Care Administration shall enter
 4873  into an interagency agreement with the Department of Children
 4874  and Families Family Services, the Agency for Persons with
 4875  Disabilities, the Department of Health, and the Department of
 4876  Elderly Affairs to assure coordination and cooperation in
 4877  serving special needs citizens. The agreement shall include the
 4878  requirement that the secretaries or directors of the Department
 4879  of Children and Families Family Services, the Agency for Persons
 4880  with Disabilities, the Department of Health, and the Department
 4881  of Elderly Affairs approve, prior to adoption, any rule
 4882  developed by the Agency for Health Care Administration where
 4883  such rule has a direct impact on the mission of the respective
 4884  state agencies, their programs, or their budgets.
 4885         (2) For rules which indirectly impact on the mission of the
 4886  Department of Children and Families Family Services, the Agency
 4887  for Persons with Disabilities, the Department of Health, and the
 4888  Department of Elderly Affairs, their programs, or their budgets,
 4889  the concurrence of the respective secretaries or directors on
 4890  the rule is required.
 4891         (3) For all other rules developed by the Agency for Health
 4892  Care Administration, coordination with the Department of
 4893  Children and Families Family Services, the Agency for Persons
 4894  with Disabilities, the Department of Health, and the Department
 4895  of Elderly Affairs is encouraged.
 4896         (4) The interagency agreement shall also include any other
 4897  provisions necessary to ensure a continued cooperative working
 4898  relationship between the Agency for Health Care Administration
 4899  and the Department of Children and Families Family Services, the
 4900  Agency for Persons with Disabilities, the Department of Health,
 4901  and the Department of Elderly Affairs as each strives to meet
 4902  the needs of the citizens of Florida.
 4903         Section 166. Subsection (2) of section 408.809, Florida
 4904  Statutes, is amended to read:
 4905         408.809 Background screening; prohibited offenses.—
 4906         (2) Every 5 years following his or her licensure,
 4907  employment, or entry into a contract in a capacity that under
 4908  subsection (1) would require level 2 background screening under
 4909  chapter 435, each such person must submit to level 2 background
 4910  rescreening as a condition of retaining such license or
 4911  continuing in such employment or contractual status. For any
 4912  such rescreening, the agency shall request the Department of Law
 4913  Enforcement to forward the person’s fingerprints to the Federal
 4914  Bureau of Investigation for a national criminal history record
 4915  check. If the fingerprints of such a person are not retained by
 4916  the Department of Law Enforcement under s. 943.05(2)(g), the
 4917  person must file a complete set of fingerprints with the agency
 4918  and the agency shall forward the fingerprints to the Department
 4919  of Law Enforcement for state processing, and the Department of
 4920  Law Enforcement shall forward the fingerprints to the Federal
 4921  Bureau of Investigation for a national criminal history record
 4922  check. The fingerprints may be retained by the Department of Law
 4923  Enforcement under s. 943.05(2)(g). The cost of the state and
 4924  national criminal history records checks required by level 2
 4925  screening may be borne by the licensee or the person
 4926  fingerprinted. Until the person’s background screening results
 4927  are retained in the clearinghouse created under s. 435.12, the
 4928  agency may accept as satisfying the requirements of this section
 4929  proof of compliance with level 2 screening standards submitted
 4930  within the previous 5 years to meet any provider or professional
 4931  licensure requirements of the agency, the Department of Health,
 4932  the Department of Elderly Affairs, the Agency for Persons with
 4933  Disabilities, the Department of Children and Families Family
 4934  Services, or the Department of Financial Services for an
 4935  applicant for a certificate of authority or provisional
 4936  certificate of authority to operate a continuing care retirement
 4937  community under chapter 651, provided that:
 4938         (a) The screening standards and disqualifying offenses for
 4939  the prior screening are equivalent to those specified in s.
 4940  435.04 and this section;
 4941         (b) The person subject to screening has not had a break in
 4942  service from a position that requires level 2 screening for more
 4943  than 90 days; and
 4944         (c) Such proof is accompanied, under penalty of perjury, by
 4945  an affidavit of compliance with the provisions of chapter 435
 4946  and this section using forms provided by the agency.
 4947         Section 167. Paragraph (b) of subsection (1) of section
 4948  408.916, Florida Statutes, is amended to read:
 4949         408.916 Steering committee.—In order to guide the
 4950  implementation of the pilot project, there is created a Health
 4951  Care Access Steering Committee.
 4952         (1) The steering committee shall be composed of the
 4953  following members:
 4954         (b) The Secretary of Children and Families Family Services.
 4955         Section 168. Subsections (1) and (2) of section 409.016,
 4956  Florida Statutes, are amended to read:
 4957         409.016 Definitions.—As used in this chapter:
 4958         (1) “Department,” unless otherwise specified, means the
 4959  Department of Children and Families Family Services.
 4960         (2) “Secretary” means the secretary of the Department of
 4961  Children and Families Family Services.
 4962         Section 169. Paragraph (a) of subsection (3) of section
 4963  409.017, Florida Statutes, is amended to read:
 4964         409.017 Revenue Maximization Act; legislative intent;
 4965  revenue maximization program.—
 4966         (3) REVENUE MAXIMIZATION PROGRAM.—
 4967         (a) For purposes of this section, the term “agency” means
 4968  any state agency or department that is involved in providing
 4969  health, social, or human services, including, but not limited
 4970  to, the Agency for Health Care Administration, the Department of
 4971  Children and Families Family Services, the Department of Elderly
 4972  Affairs, the Department of Juvenile Justice, the Department of
 4973  Education, and the State Board of Education.
 4974         Section 170. Subsections (1) and (4) of section 409.141,
 4975  Florida Statutes, are amended to read:
 4976         409.141 Equitable reimbursement methodology.—
 4977         (1) To assure high standards of care and essential
 4978  residential services as a component of the services continuum
 4979  for at-risk youth and families, the Department of Children and
 4980  Families Family Services shall adopt an equitable reimbursement
 4981  methodology. This methodology, which addresses only those
 4982  children placed in nonprofit residential group care by the
 4983  department and funded through public appropriations, shall
 4984  consist of a standardized base of allowable costs of a
 4985  provider’s actual per diem rate costs. The actual percentage of
 4986  base costs met through this methodology shall be determined by
 4987  the availability of state funding. The full utilization of the
 4988  department’s Children, Youth and Families Purchase of
 4989  Residential Group Care Appropriation Category shall be used to
 4990  fund this methodology. Definitions of care and allowable costs
 4991  shall be based upon those mandated services standards as set out
 4992  in chapter 10M-9, Florida Administrative Code (Licensing
 4993  Standards Residential Child Care Agencies), plus any special
 4994  enhancements required by the specific treatment component.
 4995  Actual costs shall be verified through the agency’s annual
 4996  fiscal audit for the 2 prior calendar years.
 4997         (4) The Department of Children and Families Family Services
 4998  shall develop administrative rules in full cooperation with the
 4999  Florida Group Child Care Association to carry out the intent and
 5000  provisions of this section.
 5001         Section 171. Subsections (1), (5), (6), and (9) of section
 5002  409.146, Florida Statutes, are amended to read:
 5003         409.146 Children and families client and management
 5004  information system.—
 5005         (1) The Department of Children and Families Family Services
 5006  shall establish a children and families client and management
 5007  information system which shall provide information concerning
 5008  children served by the children and families programs.
 5009         (5) The Department of Children and Families Family Services
 5010  shall employ accepted current system development methodology to
 5011  determine the appropriate design and contents of the system, as
 5012  well as the most rapid feasible implementation schedule as
 5013  outlined in the information resources management operational
 5014  plan of the Department of Children and Families Family Services.
 5015         (6) The Department of Children and Families Family Services
 5016  shall aggregate, on a quarterly and an annual basis, the
 5017  information and statistical data of the children and families
 5018  client and management information system into a descriptive
 5019  report and shall disseminate the quarterly and annual reports to
 5020  interested parties, including substantive committees of the
 5021  House of Representatives and the Senate.
 5022         (9) The Department of Children and Families Family Services
 5023  shall provide an annual report to the President of the Senate
 5024  and the Speaker of the House of Representatives. In developing
 5025  the system, the Department of Children and Families Family
 5026  Services shall consider and report on the availability of, and
 5027  the costs associated with using, existing software and systems,
 5028  including, but not limited to, those that are operational in
 5029  other states, to meet the requirements of this section. The
 5030  department shall also consider and report on the compatibility
 5031  of such existing software and systems with an integrated
 5032  management information system. The report shall be submitted no
 5033  later than December 1 of each year.
 5034         Section 172. Paragraph (a) of subsection (8) of section
 5035  409.147, Florida Statutes, is amended to read:
 5036         409.147 Children’s initiatives.—
 5037         (8) CREATION OF MIAMI CHILDREN’S INITIATIVE, INC.—
 5038         (a) There is created within the Liberty City neighborhood
 5039  in Miami-Dade County a 10-year project that shall be managed by
 5040  an entity organized as a corporation not for profit which shall
 5041  be registered, incorporated, organized, and operated in
 5042  compliance with chapter 617. An entity may not be incorporated
 5043  until the governing body has adopted the resolution described in
 5044  subsection (4), has established the planning team as provided in
 5045  subsection (5), and has developed and adopted the strategic
 5046  community plan as provided in subsection (6). The corporation
 5047  shall be known as the Miami Children’s Initiative, Inc., and
 5048  shall be administratively housed within the Department of
 5049  Children and Families Family Services. However, Miami Children’s
 5050  Initiative, Inc., is not subject to control, supervision, or
 5051  direction by the Department of Children and Families Family
 5052  Services in any manner. The Legislature determines, however,
 5053  that public policy dictates that the corporation operate in the
 5054  most open and accessible manner consistent with its public
 5055  purpose. Therefore, the Legislature specifically declares that
 5056  the corporation is subject to chapter 119, relating to public
 5057  records, chapter 286, relating to public meetings and records,
 5058  and chapter 287, relating to procurement of commodities or
 5059  contractual services.
 5060         Section 173. Section 409.153, Florida Statutes, is amended
 5061  to read:
 5062         409.153 Implementation of Healthy Families Florida
 5063  program.—The Department of Children and Families Family Services
 5064  shall contract with a private nonprofit corporation to implement
 5065  the Healthy Families Florida program. The private nonprofit
 5066  corporation shall be incorporated for the purpose of
 5067  identifying, funding, supporting, and evaluating programs and
 5068  community initiatives to improve the development and life
 5069  outcomes of children and to preserve and strengthen families
 5070  with a primary emphasis on prevention. The private nonprofit
 5071  corporation shall implement the program. The program shall work
 5072  in partnership with existing community-based home visitation and
 5073  family support resources to provide assistance to families in an
 5074  effort to prevent child abuse. The program shall be voluntary
 5075  for participants and shall require the informed consent of the
 5076  participants at the initial contact. The Kempe Family Stress
 5077  Checklist shall not be used.
 5078         Section 174. Paragraph (d) of subsection (2) of section
 5079  409.166, Florida Statutes, is amended to read:
 5080         409.166 Children within the child welfare system; adoption
 5081  assistance program.—
 5082         (2) DEFINITIONS.—As used in this section, the term:
 5083         (d) “Department” means the Department of Children and
 5084  Families Family Services.
 5085         Section 175. Subsection (1) of section 409.167, Florida
 5086  Statutes, is amended to read:
 5087         409.167 Statewide adoption exchange; establishment;
 5088  responsibilities; registration requirements; rules.—
 5089         (1) The Department of Children and Families Family Services
 5090  shall establish, either directly or through purchase, a
 5091  statewide adoption exchange, with a photo listing component,
 5092  which shall serve all authorized licensed child-placing agencies
 5093  in the state as a means of recruiting adoptive families for
 5094  children who have been legally freed for adoption and who have
 5095  been permanently placed with the department or a licensed child
 5096  placing agency. The exchange shall provide descriptions and
 5097  photographs of such children, as well as any other information
 5098  deemed useful in the recruitment of adoptive families for each
 5099  child. The photo listing component of the adoption exchange must
 5100  be updated monthly.
 5101         Section 176. Paragraphs (a) and (e) of subsection (1),
 5102  paragraph (a) of subsection (5), and subsections (6) and (16) of
 5103  section 409.1671, Florida Statutes, are amended to read:
 5104         409.1671 Foster care and related services; outsourcing.—
 5105         (1)(a) It is the intent of the Legislature that the
 5106  Department of Children and Families Family Services shall
 5107  outsource the provision of foster care and related services
 5108  statewide. It is further the Legislature’s intent to encourage
 5109  communities and other stakeholders in the well-being of children
 5110  to participate in assuring that children are safe and well
 5111  nurtured. However, while recognizing that some local governments
 5112  are presently funding portions of certain foster care and
 5113  related services programs and may choose to expand such funding
 5114  in the future, the Legislature does not intend by its
 5115  outsourcing of foster care and related services that any county,
 5116  municipality, or special district be required to assist in
 5117  funding programs that previously have been funded by the state.
 5118  Counties that provide children and family services with at least
 5119  40 licensed residential group care beds by July 1, 2003, and
 5120  provide at least $2 million annually in county general revenue
 5121  funds to supplement foster and family care services shall
 5122  continue to contract directly with the state and shall be exempt
 5123  from the provisions of this section. Nothing in this paragraph
 5124  prohibits any county, municipality, or special district from
 5125  future voluntary funding participation in foster care and
 5126  related services. As used in this section, the term “outsource”
 5127  means to contract with competent, community-based agencies. The
 5128  department shall submit a plan to accomplish outsourcing
 5129  statewide, through a competitive process, phased in over a 3
 5130  year period beginning January 1, 2000. This plan must be
 5131  developed with local community participation, including, but not
 5132  limited to, input from community-based providers that are
 5133  currently under contract with the department to furnish
 5134  community-based foster care and related services, and must
 5135  include a methodology for determining and transferring all
 5136  available funds, including federal funds that the provider is
 5137  eligible for and agrees to earn and that portion of general
 5138  revenue funds which is currently associated with the services
 5139  that are being furnished under contract. The methodology must
 5140  provide for the transfer of funds appropriated and budgeted for
 5141  all services and programs that have been incorporated into the
 5142  project, including all management, capital (including current
 5143  furniture and equipment), and administrative funds to accomplish
 5144  the transfer of these programs. This methodology must address
 5145  expected workload and at least the 3 previous years’ experience
 5146  in expenses and workload. With respect to any district or
 5147  portion of a district in which outsourcing cannot be
 5148  accomplished within the 3-year timeframe, the department must
 5149  clearly state in its plan the reasons the timeframe cannot be
 5150  met and the efforts that should be made to remediate the
 5151  obstacles, which may include alternatives to total outsourcing,
 5152  such as public-private partnerships. As used in this section,
 5153  the term “related services” includes, but is not limited to,
 5154  family preservation, independent living, emergency shelter,
 5155  residential group care, foster care, therapeutic foster care,
 5156  intensive residential treatment, foster care supervision, case
 5157  management, postplacement supervision, permanent foster care,
 5158  and family reunification. Unless otherwise provided for, the
 5159  state attorney shall provide child welfare legal services,
 5160  pursuant to chapter 39 and other relevant provisions, in
 5161  Pinellas and Pasco Counties. When a private nonprofit agency has
 5162  received case management responsibilities, transferred from the
 5163  state under this section, for a child who is sheltered or found
 5164  to be dependent and who is assigned to the care of the
 5165  outsourcing project, the agency may act as the child’s guardian
 5166  for the purpose of registering the child in school if a parent
 5167  or guardian of the child is unavailable and his or her
 5168  whereabouts cannot reasonably be ascertained. The private
 5169  nonprofit agency may also seek emergency medical attention for
 5170  such a child, but only if a parent or guardian of the child is
 5171  unavailable, his or her whereabouts cannot reasonably be
 5172  ascertained, and a court order for such emergency medical
 5173  services cannot be obtained because of the severity of the
 5174  emergency or because it is after normal working hours. However,
 5175  the provider may not consent to sterilization, abortion, or
 5176  termination of life support. If a child’s parents’ rights have
 5177  been terminated, the nonprofit agency shall act as guardian of
 5178  the child in all circumstances.
 5179         (e) As used in this section, the term “eligible lead
 5180  community-based provider” means a single agency with which the
 5181  department shall contract for the provision of child protective
 5182  services in a community that is no smaller than a county. The
 5183  secretary of the department may authorize more than one eligible
 5184  lead community-based provider within a single county when to do
 5185  so will result in more effective delivery of foster care and
 5186  related services. To compete for an outsourcing project, such
 5187  agency must have:
 5188         1. The ability to coordinate, integrate, and manage all
 5189  child protective services in the designated community in
 5190  cooperation with child protective investigations.
 5191         2. The ability to ensure continuity of care from entry to
 5192  exit for all children referred from the protective investigation
 5193  and court systems.
 5194         3. The ability to provide directly, or contract for through
 5195  a local network of providers, all necessary child protective
 5196  services. Such agencies should directly provide no more than 35
 5197  percent of all child protective services provided.
 5198         4. The willingness to accept accountability for meeting the
 5199  outcomes and performance standards related to child protective
 5200  services established by the Legislature and the Federal
 5201  Government.
 5202         5. The capability and the willingness to serve all children
 5203  referred to it from the protective investigation and court
 5204  systems, regardless of the level of funding allocated to the
 5205  community by the state, provided all related funding is
 5206  transferred.
 5207         6. The willingness to ensure that each individual who
 5208  provides child protective services completes the training
 5209  required of child protective service workers by the Department
 5210  of Children and Families Family Services.
 5211         7. The ability to maintain eligibility to receive all
 5212  federal child welfare funds, including Title IV-E and IV-A
 5213  funds, currently being used by the Department of Children and
 5214  Families Family Services.
 5215         8. Written agreements with Healthy Families Florida lead
 5216  entities in their community, pursuant to s. 409.153, to promote
 5217  cooperative planning for the provision of prevention and
 5218  intervention services.
 5219         9. A board of directors, of which at least 51 percent of
 5220  the membership is comprised of persons residing in this state.
 5221  Of the state residents, at least 51 percent must also reside
 5222  within the service area of the lead community-based provider.
 5223         (5)(a) The community-based agency must comply with
 5224  statutory requirements and agency rules in the provision of
 5225  contractual services. Each foster home, therapeutic foster home,
 5226  emergency shelter, or other placement facility operated by the
 5227  community-based agency or agencies must be licensed by the
 5228  Department of Children and Families Family Services under
 5229  chapter 402 or this chapter. Each community-based agency must be
 5230  licensed as a child-caring or child-placing agency by the
 5231  department under this chapter. The department, in order to
 5232  eliminate or reduce the number of duplicate inspections by
 5233  various program offices, shall coordinate inspections required
 5234  pursuant to licensure of agencies under this section.
 5235         (6) Beginning January 1, 1999, and continuing at least
 5236  through June 30, 2000, the Department of Children and Families
 5237  Family Services shall outsource all foster care and related
 5238  services in district 5 while continuing to contract with the
 5239  current model programs in districts 1, 4, and 13, and in
 5240  subdistrict 8A, and shall expand the subdistrict 8A pilot
 5241  program to incorporate Manatee County. Planning for the district
 5242  5 outsourcing shall be done by providers that are currently
 5243  under contract with the department for foster care and related
 5244  services and shall be done in consultation with the department.
 5245  A lead provider of the district 5 program shall be competitively
 5246  selected, must demonstrate the ability to provide necessary
 5247  comprehensive services through a local network of providers, and
 5248  must meet criteria established in this section. Contracts with
 5249  organizations responsible for the model programs must include
 5250  the management and administration of all outsourced services
 5251  specified in subsection (1). However, the department may use
 5252  funds for contract management only after obtaining written
 5253  approval from the Executive Office of the Governor. The request
 5254  for such approval must include, but is not limited to, a
 5255  statement of the proposed amount of such funds and a description
 5256  of the manner in which such funds will be used. If the
 5257  community-based organization selected for a model program under
 5258  this subsection is not a Medicaid provider, the organization
 5259  shall be issued a Medicaid provider number pursuant to s.
 5260  409.907 for the provision of services currently authorized under
 5261  the state Medicaid plan to those children encompassed in this
 5262  model and in a manner not to exceed the current level of state
 5263  expenditure.
 5264         (16) A lead community-based provider and its subcontractors
 5265  are exempt from including in written contracts and other written
 5266  documents the statement “sponsored by the State of Florida” or
 5267  the logo of the Department of Children and Families Family
 5268  Services, otherwise required in s. 286.25, unless the lead
 5269  community-based provider or its subcontractors receive more than
 5270  35 percent of their total funding from the state.
 5271         Section 177. Section 409.16715, Florida Statutes, is
 5272  amended to read:
 5273         409.16715 Therapy treatments designed to mitigate out-of
 5274  home placement for dependent children.—The Department of
 5275  Children and Families Family Services may serve dependent
 5276  children deemed to be in need of family-centered, cognitive
 5277  behavioral interventions designed to mitigate out-of-home
 5278  placements. Treatment services may be evidenced-based with
 5279  family therapy and group therapy components for youth for whom
 5280  these services are appropriate. Dependent youth at risk of out
 5281  of-home placement or currently within the foster care system are
 5282  eligible for these family therapy and group therapy services.
 5283  The services shall be provided as an alternative to specialized
 5284  therapeutic foster or group care. A child who has been
 5285  adjudicated delinquent, had adjudication withheld, or committed
 5286  any violent crime, except for females adjudicated delinquent for
 5287  domestic violence, any first-degree felony, or any felony
 5288  direct-filed in adult court, may not be served by the program.
 5289  The department and each participating dependency court may
 5290  jointly develop eligibility criteria to identify youth
 5291  appropriate for services in this program.
 5292         Section 178. Section 409.16745, Florida Statutes, is
 5293  amended to read:
 5294         409.16745 Community partnership matching grant program.—It
 5295  is the intent of the Legislature to improve services and local
 5296  participation in community-based care initiatives by fostering
 5297  community support and providing enhanced prevention and in-home
 5298  services, thereby reducing the risk otherwise faced by lead
 5299  agencies. There is established a community partnership matching
 5300  grant program to be operated by the Department of Children and
 5301  Families Family Services for the purpose of encouraging local
 5302  participation in community-based care for child welfare. Any
 5303  children’s services council or other local government entity
 5304  that makes a financial commitment to a community-based care lead
 5305  agency is eligible for a grant upon proof that the children’s
 5306  services council or local government entity has provided the
 5307  selected lead agency at least $250,000 from any local resources
 5308  otherwise available to it. The total amount of local
 5309  contribution may be matched on a two-for-one basis up to a
 5310  maximum amount of $2 million per council or local government
 5311  entity. Awarded matching grant funds may be used for any
 5312  prevention or in-home services provided by the children’s
 5313  services council or other local government entity that meets
 5314  temporary-assistance-for-needy-families’ eligibility
 5315  requirements and can be reasonably expected to reduce the number
 5316  of children entering the child welfare system. Funding available
 5317  for the matching grant program is subject to legislative
 5318  appropriation of nonrecurring funds provided for the purpose.
 5319         Section 179. Subsection (1) of section 409.1675, Florida
 5320  Statutes, is amended to read:
 5321         409.1675 Lead community-based providers; receivership.—
 5322         (1) The Department of Children and Families Family Services
 5323  may petition a court of competent jurisdiction for the
 5324  appointment of a receiver for a lead community-based provider
 5325  established pursuant to s. 409.1671 when any of the following
 5326  conditions exist:
 5327         (a) The lead community-based provider is operating without
 5328  a license as a child-placing agency.
 5329         (b) The lead community-based provider has given less than
 5330  120 days’ notice of its intent to cease operations, and
 5331  arrangements have not been made for another lead community-based
 5332  provider or for the department to continue the uninterrupted
 5333  provision of services.
 5334         (c) The department determines that conditions exist in the
 5335  lead community-based provider which present an imminent danger
 5336  to the health, safety, or welfare of the dependent children
 5337  under that provider’s care or supervision. Whenever possible,
 5338  the department shall make a reasonable effort to facilitate the
 5339  continued operation of the program.
 5340         (d) The lead community-based provider cannot meet its
 5341  current financial obligations to its employees, contractors, or
 5342  foster parents. Issuance of bad checks or the existence of
 5343  delinquent obligations for payment of salaries, utilities, or
 5344  invoices for essential services or commodities shall constitute
 5345  prima facie evidence that the lead community-based provider
 5346  lacks the financial ability to meet its financial obligations.
 5347         Section 180. Subsection (1) of section 409.1676, Florida
 5348  Statutes, is amended to read:
 5349         409.1676 Comprehensive residential group care services to
 5350  children who have extraordinary needs.—
 5351         (1) It is the intent of the Legislature to provide
 5352  comprehensive residential group care services, including
 5353  residential care, case management, and other services, to
 5354  children in the child protection system who have extraordinary
 5355  needs. These services are to be provided in a residential group
 5356  care setting by a not-for-profit corporation or a local
 5357  government entity under a contract with the Department of
 5358  Children and Families Family Services or by a lead agency as
 5359  described in s. 409.1671. These contracts should be designed to
 5360  provide an identified number of children with access to a full
 5361  array of services for a fixed price. Further, it is the intent
 5362  of the Legislature that the Department of Children and Families
 5363  Family Services and the Department of Juvenile Justice establish
 5364  an interagency agreement by December 1, 2002, which describes
 5365  respective agency responsibilities for referral, placement,
 5366  service provision, and service coordination for dependent and
 5367  delinquent youth who are referred to these residential group
 5368  care facilities. The agreement must require interagency
 5369  collaboration in the development of terms, conditions, and
 5370  performance outcomes for residential group care contracts
 5371  serving the youth referred who have been adjudicated both
 5372  dependent and delinquent.
 5373         Section 181. Subsection (2) of section 409.1679, Florida
 5374  Statutes, is amended to read:
 5375         409.1679 Additional requirements; reimbursement
 5376  methodology.—
 5377         (2) Notwithstanding the provisions of s. 409.141, the
 5378  Department of Children and Families Family Services shall fairly
 5379  and reasonably reimburse the programs established under ss.
 5380  409.1676 and 409.1677 based on a prospective per diem rate,
 5381  which must be specified annually in the General Appropriations
 5382  Act. Funding for these programs shall be made available from
 5383  resources appropriated and identified in the General
 5384  Appropriations Act.
 5385         Section 182. Paragraph (a) of subsection (15) and
 5386  subsection (16) of section 409.175, Florida Statutes, are
 5387  amended to read:
 5388         409.175 Licensure of family foster homes, residential
 5389  child-caring agencies, and child-placing agencies; public
 5390  records exemption.—
 5391         (15)(a) The Division of Risk Management of the Department
 5392  of Financial Services shall provide coverage through the
 5393  Department of Children and Families Family Services to any
 5394  person who owns or operates a family foster home solely for the
 5395  Department of Children and Families Family Services and who is
 5396  licensed to provide family foster home care in her or his place
 5397  of residence. The coverage shall be provided from the general
 5398  liability account of the State Risk Management Trust Fund, and
 5399  the coverage shall be primary. The coverage is limited to
 5400  general liability claims arising from the provision of family
 5401  foster home care pursuant to an agreement with the department
 5402  and pursuant to guidelines established through policy, rule, or
 5403  statute. Coverage shall be limited as provided in ss. 284.38 and
 5404  284.385, and the exclusions set forth therein, together with
 5405  other exclusions as may be set forth in the certificate of
 5406  coverage issued by the trust fund, shall apply. A person covered
 5407  under the general liability account pursuant to this subsection
 5408  shall immediately notify the Division of Risk Management of the
 5409  Department of Financial Services of any potential or actual
 5410  claim.
 5411         (16)(a)1. The following information held by the Department
 5412  of Children and Families Family Services regarding a foster
 5413  parent applicant and such applicant’s spouse, minor child, and
 5414  other adult household member is exempt from s. 119.07(1) and s.
 5415  24(a), Art. I of the State Constitution:
 5416         a. The home, business, work, child care, or school
 5417  addresses and telephone numbers;
 5418         b. Birth dates;
 5419         c. Medical records;
 5420         d. The floor plan of the home; and
 5421         e. Photographs of such persons.
 5422         2. If a foster parent applicant does not receive a foster
 5423  parent license, the information made exempt pursuant to this
 5424  paragraph shall become public 5 years after the date of
 5425  application, except that medical records shall remain exempt
 5426  from s. 119.07(1) and s. 24(a), Art. I of the State
 5427  Constitution.
 5428         3. This exemption applies to information made exempt by
 5429  this paragraph before, on, or after the effective date of the
 5430  exemption.
 5431         (b)1. The following information held by the Department of
 5432  Children and Families Family Services regarding a licensed
 5433  foster parent and the foster parent’s spouse, minor child, and
 5434  other adult household member is exempt from s. 119.07(1) and s.
 5435  24(a), Art. I of the State Constitution:
 5436         a. The home, business, work, child care, or school
 5437  addresses and telephone numbers;
 5438         b. Birth dates;
 5439         c. Medical records;
 5440         d. The floor plan of the home; and
 5441         e. Photographs of such persons.
 5442         2. If a foster parent’s license is no longer active, the
 5443  information made exempt pursuant to this paragraph shall become
 5444  public 5 years after the expiration date of such foster parent’s
 5445  foster care license except that:
 5446         a. Medical records shall remain exempt from s. 119.07(1)
 5447  and s. 24(a), Art. I of the State Constitution.
 5448         b. Exempt information regarding a licensed foster parent
 5449  who has become an adoptive parent and exempt information
 5450  regarding such foster parent’s spouse, minor child, or other
 5451  adult household member shall remain exempt from s. 119.07(1) and
 5452  s. 24(a), Art. I of the State Constitution.
 5453         3. This exemption applies to information made exempt by
 5454  this paragraph before, on, or after the effective date of the
 5455  exemption.
 5456         (c) The name, address, and telephone number of persons
 5457  providing character or neighbor references regarding foster
 5458  parent applicants or licensed foster parents held by the
 5459  Department of Children and Families Family Services are exempt
 5460  from s. 119.07(1) and s. 24(a), Art. I of the State
 5461  Constitution.
 5462         Section 183. Paragraphs (a) and (b) of subsection (3) and
 5463  paragraph (a) of subsection (4) of section 409.1755, Florida
 5464  Statutes, are amended to read:
 5465         409.1755 One Church, One Child of Florida Corporation Act;
 5466  creation; duties.—
 5467         (3) CORPORATION AUTHORIZATION; DUTIES; POWERS.—
 5468         (a) There is hereby authorized the “One Church, One Child
 5469  of Florida Corporation,” which shall operate as a not-for-profit
 5470  corporation and shall be located within the Department of
 5471  Children and Families Family Services for administrative
 5472  purposes. The department shall provide administrative support
 5473  and services to the corporation to the extent requested by the
 5474  executive director and to the extent that resources are
 5475  available.
 5476         (b) The corporation shall:
 5477         1. Provide for community awareness and involvement by
 5478  utilizing the resources of black churches to help find permanent
 5479  homes for black children available for adoption.
 5480         2. Develop, monitor, and evaluate projects designed to
 5481  address problems associated with the child welfare system,
 5482  especially those issues affecting black children.
 5483         3. Develop beneficial programs that shall include, but not
 5484  be limited to, community education, cultural relations training,
 5485  family support, transition support groups, counseling, parenting
 5486  skills and education, legal and other adoption-related costs,
 5487  and any other activities that will enhance and support the
 5488  adopted child’s transition into permanency.
 5489         4. Provide training and technical assistance to community
 5490  organizations such as black churches, social service agencies,
 5491  and other organizations that assist in identifying prospective
 5492  parents willing to adopt.
 5493         5. Provide, in conjunction with the Department of Children
 5494  and Families Family Services, a summary to the Legislature by
 5495  September 1 of each year on the status of the corporation.
 5496         6. Secure staff necessary to properly administer the
 5497  corporation. Staff costs shall be funded from general revenue,
 5498  grant funds, and state and private donations. The board of
 5499  directors is authorized to determine the number of staff
 5500  necessary to administer the corporation, but the staff shall
 5501  include, at a minimum, an executive director and a staff
 5502  assistant.
 5503         (4) BOARD OF DIRECTORS.—
 5504         (a) The One Church, One Child of Florida Corporation shall
 5505  operate subject to the supervision and approval of a board of
 5506  directors consisting of 23 members, with two directors
 5507  representing each service district of the Department of Children
 5508  and Families Family Services and one director who shall be an
 5509  at-large member.
 5510         Section 184. Paragraphs (a) and (j) of subsection (4) of
 5511  section 409.221, Florida Statutes, are amended to read:
 5512         409.221 Consumer-directed care program.—
 5513         (4) CONSUMER-DIRECTED CARE.—
 5514         (a) Program established.—The Agency for Health Care
 5515  Administration shall establish the consumer-directed care
 5516  program which shall be based on the principles of consumer
 5517  choice and control. The agency shall implement the program upon
 5518  federal approval. The agency shall establish interagency
 5519  cooperative agreements with and shall work with the Departments
 5520  of Elderly Affairs, Health, and Children and Families Family
 5521  Services and the Agency for Persons with Disabilities to
 5522  implement and administer the program. The program shall allow
 5523  enrolled persons to choose the providers of services and to
 5524  direct the delivery of services, to best meet their long-term
 5525  care needs. The program must operate within the funds
 5526  appropriated by the Legislature.
 5527         (j) Rules; federal waivers.—In order to implement this
 5528  section:
 5529         1. The agency and the Departments of Elderly Affairs,
 5530  Health, and Children and Families Family Services and the Agency
 5531  for Persons with Disabilities are authorized to adopt and
 5532  enforce rules.
 5533         2. The agency shall take all necessary action to ensure
 5534  state compliance with federal regulations. The agency shall
 5535  apply for any necessary federal waivers or waiver amendments
 5536  needed to implement the program.
 5537         Section 185. Section 409.2355, Florida Statutes, is amended
 5538  to read:
 5539         409.2355 Programs for prosecution of males over age 21 who
 5540  commit certain offenses involving girls under age 16.—Subject to
 5541  specific appropriated funds, the Department of Children and
 5542  Families Family Services is directed to establish a program by
 5543  which local communities, through the state attorney’s office of
 5544  each judicial circuit, may apply for grants to fund innovative
 5545  programs for the prosecution of males over the age of 21 who
 5546  victimize girls under the age of 16 in violation of s. 794.011,
 5547  s. 794.05, s. 800.04, s. 827.04(3), or s. 847.0135(5).
 5548         Section 186. Subsection (3) of section 409.2572, Florida
 5549  Statutes, is amended to read:
 5550         409.2572 Cooperation.—
 5551         (3) The Title IV-D staff of the department shall be
 5552  responsible for determining and reporting to the staff of the
 5553  Department of Children and Families Family Services acts of
 5554  noncooperation by applicants or recipients of public assistance.
 5555  Any person who applies for or is receiving public assistance
 5556  for, or who has the care, custody, or control of, a dependent
 5557  child and who without good cause fails or refuses to cooperate
 5558  with the department, a program attorney, or a prosecuting
 5559  attorney in the course of administering this chapter shall be
 5560  sanctioned by the Department of Children and Families Family
 5561  Services pursuant to chapter 414 and is ineligible to receive
 5562  public assistance until such time as the department determines
 5563  cooperation has been satisfactory.
 5564         Section 187. Section 409.2577, Florida Statutes, is amended
 5565  to read:
 5566         409.2577 Parent locator service.—The department shall
 5567  establish a parent locator service to assist in locating parents
 5568  who have deserted their children and other persons liable for
 5569  support of dependent children. The department shall use all
 5570  sources of information available, including the Federal Parent
 5571  Locator Service, and may request and shall receive information
 5572  from the records of any person or the state or any of its
 5573  political subdivisions or any officer thereof. Any agency as
 5574  defined in s. 120.52, any political subdivision, and any other
 5575  person shall, upon request, provide the department any
 5576  information relating to location, salary, insurance, social
 5577  security, income tax, and employment history necessary to locate
 5578  parents who owe or potentially owe a duty of support pursuant to
 5579  Title IV-D of the Social Security Act. This provision shall
 5580  expressly take precedence over any other statutory nondisclosure
 5581  provision which limits the ability of an agency to disclose such
 5582  information, except that law enforcement information as provided
 5583  in s. 119.071(4)(d) is not required to be disclosed, and except
 5584  that confidential taxpayer information possessed by the
 5585  Department of Revenue shall be disclosed only to the extent
 5586  authorized in s. 213.053(16). Nothing in this section requires
 5587  the disclosure of information if such disclosure is prohibited
 5588  by federal law. Information gathered or used by the parent
 5589  locator service is confidential and exempt from the provisions
 5590  of s. 119.07(1). Additionally, the department is authorized to
 5591  collect any additional information directly bearing on the
 5592  identity and whereabouts of a person owing or asserted to be
 5593  owing an obligation of support for a dependent child. The
 5594  department shall, upon request, make information available only
 5595  to public officials and agencies of this state; political
 5596  subdivisions of this state, including any agency thereof
 5597  providing child support enforcement services to non-Title IV-D
 5598  clients; the parent owed support, legal guardian, attorney, or
 5599  agent of the child; and other states seeking to locate parents
 5600  who have deserted their children and other persons liable for
 5601  support of dependents, for the sole purpose of establishing,
 5602  modifying, or enforcing their liability for support, and shall
 5603  make such information available to the Department of Children
 5604  and Families Family Services for the purpose of diligent search
 5605  activities pursuant to chapter 39. If the department has
 5606  reasonable evidence of domestic violence or child abuse and the
 5607  disclosure of information could be harmful to the parent owed
 5608  support or the child of such parent, the child support program
 5609  director or designee shall notify the Department of Children and
 5610  Families Family Services and the Secretary of the United States
 5611  Department of Health and Human Services of this evidence. Such
 5612  evidence is sufficient grounds for the department to disapprove
 5613  an application for location services.
 5614         Section 188. Section 409.2599, Florida Statutes, is amended
 5615  to read:
 5616         409.2599 Data processing services; interagency agreement.
 5617  The Department of Children and Families Family Services shall
 5618  provide to the child support enforcement program in the
 5619  Department of Revenue data processing services that meet the
 5620  standards for federal certification pursuant to an interagency
 5621  agreement.
 5622         Section 189. Subsections (1) and (2) of section 409.285,
 5623  Florida Statutes, are amended to read:
 5624         409.285 Opportunity for hearing and appeal.—
 5625         (1) If an application for public assistance is not acted
 5626  upon within a reasonable time after the filing of the
 5627  application, or is denied in whole or in part, or if an
 5628  assistance payment is modified or canceled, the applicant or
 5629  recipient may appeal the decision to the Department of Children
 5630  and Families Family Services in the manner and form prescribed
 5631  by the department.
 5632         (2) The hearing authority may be the Secretary of Children
 5633  and Families Family Services, a panel of department officials,
 5634  or a hearing officer appointed for that purpose. The hearing
 5635  authority is responsible for a final administrative decision in
 5636  the name of the department on all issues that have been the
 5637  subject of a hearing. With regard to the department, the
 5638  decision of the hearing authority is final and binding. The
 5639  department is responsible for seeing that the decision is
 5640  carried out promptly.
 5641         Section 190. Subsections (1) and (2) of section 409.403,
 5642  Florida Statutes, are amended to read:
 5643         409.403 Definitions; Interstate Compact on the Placement of
 5644  Children.—
 5645         (1) The “appropriate public authorities” as used in Article
 5646  III of the Interstate Compact on the Placement of Children
 5647  shall, with reference to this state, mean the Department of
 5648  Children and Families Family Services, and said department shall
 5649  receive and act with reference to notices required by said
 5650  Article III.
 5651         (2) As used in paragraph (a) of Article V of the Interstate
 5652  Compact on the Placement of Children, the phrase “appropriate
 5653  authority in the receiving state” with reference to this state
 5654  shall mean the Department of Children and Families Family
 5655  Services.
 5656         Section 191. Subsection (1) of section 409.404, Florida
 5657  Statutes, is amended to read:
 5658         409.404 Agreements between party state officers and
 5659  agencies.—
 5660         (1) The officers and agencies of this state and its
 5661  subdivisions having authority to place children are hereby
 5662  empowered to enter into agreements with appropriate officers or
 5663  agencies of or in other party states pursuant to paragraph (b)
 5664  of Article V of the Interstate Compact on the Placement of
 5665  Children, s. 409.401. Any such agreement which contains a
 5666  financial commitment or imposes a financial obligation on this
 5667  state or subdivision or agency thereof shall not be binding
 5668  unless it has the approval in writing of the Secretary of
 5669  Children and Families Family Services in the case of the state.
 5670         Section 192. Section 409.406, Florida Statutes, is amended
 5671  to read:
 5672         409.406 Interstate Compact on Adoption and Medical
 5673  Assistance.—The Interstate Compact on Adoption and Medical
 5674  Assistance is enacted into law and entered into with all other
 5675  jurisdictions legally joining therein in form substantially as
 5676  follows:
 5677  
 5678                        INTERSTATE COMPACT ON                      
 5679                   ADOPTION AND MEDICAL ASSISTANCE                 
 5680  
 5681                         ARTICLE I. Findings                       
 5682  
 5683         The Legislature finds that:
 5684         (a) Special measures are required to find adoptive families
 5685  for children for whom state assistance is desirable pursuant to
 5686  s. 409.166 and to assure the protection of the interest of the
 5687  children affected during the entire assistance period when the
 5688  adoptive parents move to another state or are residents of
 5689  another state.
 5690         (b) The providers of medical and other necessary services
 5691  for children who benefit from state assistance encounter special
 5692  difficulties when the provision of services takes place in other
 5693  states.
 5694  
 5695                        ARTICLE II. Purposes                       
 5696  
 5697         The purposes of the act are to:
 5698         (a) Authorize the Department of Children and Families
 5699  Family Services to enter into interstate agreements with
 5700  agencies of other states to protect children for whom it
 5701  provides adoption assistance.
 5702         (b) Provide procedures for interstate children’s adoption
 5703  assistance payments, including medical payments.
 5704  
 5705                      ARTICLE III. Definitions                     
 5706  
 5707         As used in this compact, the term:
 5708         (a) “Agency” means the Agency for Health Care
 5709  Administration.
 5710         (b) “Department” means the Florida Department of Children
 5711  and Families Family Services.
 5712         (c) “State” means a state of the United States, the
 5713  District of Columbia, the Commonwealth of Puerto Rico, the
 5714  United States Virgin Islands, Guam, the Commonwealth of the
 5715  Northern Mariana Islands, or a territory or possession of or
 5716  administered by the United States.
 5717         (d) “Adoption-assistance state” means the state that is
 5718  signatory to an adoption-assistance agreement in a particular
 5719  case.
 5720         (e) “Residence state” means the state where the child
 5721  resides.
 5722         (f) “Medical assistance” means the medical-assistance
 5723  program authorized by Title XIX of the Social Security Act.
 5724  
 5725                   ARTICLE IV. Compacts Authorized                 
 5726  
 5727         The Department of Children and Families Family Services, by
 5728  and through its secretary, may participate in the development of
 5729  and negotiate and enter into interstate compacts on behalf of
 5730  this state with other states to implement the purposes of this
 5731  act. Such a compact has the force and effect of law.
 5732  
 5733                   ARTICLE V. Contents of Compacts                 
 5734  
 5735         A compact entered into under this act must have the
 5736  following content:
 5737         (a) A provision making it available for joinder by all
 5738  states;
 5739         (b) A provision for withdrawal from the compact upon
 5740  written notice to the parties, but with a period of 1 year
 5741  between the date of the notice and the effective date of the
 5742  withdrawal;
 5743         (c) A requirement that the protections afforded under the
 5744  compact continue in force for the duration of the adoption
 5745  assistance and are applicable to all children and their adoptive
 5746  parents who, on the effective date of the withdrawal, are
 5747  receiving adoption assistance from a party state other than the
 5748  one in which they are residents and have their principal place
 5749  of abode;
 5750         (d) A requirement that each instance of adoption assistance
 5751  to which the compact applies be covered by an adoption
 5752  assistance agreement in writing between the adoptive parents and
 5753  the state child welfare agency of the state which undertakes to
 5754  provide the adoption assistance and, further, that any such
 5755  agreement be expressly for the benefit of the adopted child and
 5756  enforceable by the adoptive parents and the state agency
 5757  providing the adoption assistance; and
 5758         (e) Such other provisions as are appropriate to the proper
 5759  administration of the compact.
 5760  
 5761                    ARTICLE VI. Optional Contents                  
 5762                             of Compacts                           
 5763  
 5764         A compact entered into under this section may contain
 5765  provisions in addition to those required by Article V, as
 5766  follows:
 5767         (a) Provisions establishing procedures and entitlement to
 5768  medical and other necessary social services for the child in
 5769  accordance with applicable laws, even though the child and the
 5770  adoptive parents are in a state other than the one responsible
 5771  for or providing the services, or the funds to defray part or
 5772  all of the costs thereof; and
 5773         (b) Such other provisions as are appropriate or incidental
 5774  to the proper administration of the compact.
 5775  
 5776                   ARTICLE VII. Medical Assistance                 
 5777  
 5778         (a) A child with special needs who is a resident of this
 5779  state and who is the subject of an adoption-assistance agreement
 5780  with another state is entitled to receive a medical-assistance
 5781  identification from this state upon the filing with the agency
 5782  of a certified copy of the adoption-assistance agreement
 5783  obtained from the adoption-assistance state. Pursuant to rules
 5784  of the agency, the adoptive parents shall at least annually show
 5785  that the agreement is still in force or has been renewed.
 5786         (b) The terms of the compact entered into by the department
 5787  apply to children who are the subject of federal adoption
 5788  assistance agreements. The state will provide the benefits under
 5789  this section to children who are the subject of a state
 5790  adoption-assistance agreement, upon the determination by the
 5791  department and the agency that the adoption-assistance state is
 5792  a party to the compact and has reciprocity in provision of
 5793  medical assistance to state adoption-assistance children.
 5794         (c) The agency shall consider the holder of a medical
 5795  assistance identification pursuant to this section as any other
 5796  holder of a medical-assistance identification under the laws of
 5797  this state and shall process and make payment on claims on
 5798  behalf of such holder in the same manner and under the same
 5799  conditions and procedures established for other recipients of
 5800  medical assistance.
 5801         (d) The provisions of this article apply only to medical
 5802  assistance for children under adoption-assistance agreements
 5803  from a state that has entered into a compact with this state
 5804  under which the other state provided medical assistance to
 5805  children with special needs under adoption-assistance agreements
 5806  made by this state. All other children entitled to medical
 5807  assistance pursuant to an adoption-assistance agreement entered
 5808  into by this state are eligible to receive such assistance under
 5809  the laws and procedures applicable thereto.
 5810         (e) The department shall adopt rules necessary for
 5811  administering this section.
 5812  
 5813                 ARTICLE VIII. Federal Participation               
 5814  
 5815         Consistent with federal law, the department and the agency,
 5816  in administering this act and any compact pursuant to this act,
 5817  must include in any state plan made pursuant to the Adoption
 5818  Assistance and Child Welfare Act of 1980 (Pub. L. No. 96-272),
 5819  Titles IV(E) and XIX of the Social Security Act, and any other
 5820  applicable federal laws, the provision of adoption assistance
 5821  and medical assistance for which the Federal Government pays
 5822  some or all of the cost. The department and the agency shall
 5823  apply for and administer all relevant federal aid in accordance
 5824  with law.
 5825         Section 193. Section 409.407, Florida Statutes, is amended
 5826  to read:
 5827         409.407 Interstate agreements between the Department of
 5828  Children and Families Family Services and agencies of other
 5829  states.—The Department of Children and Families Family Services,
 5830  which is authorized to enter into interstate agreements with
 5831  agencies of other states for the implementation of the purposes
 5832  of the Interstate Compact on Adoption and Medical Assistance
 5833  pursuant to s. 409.406, may not expand the financial commitment
 5834  of the state beyond the financial obligation of the adoption
 5835  assistance agreements and Medicaid.
 5836         Section 194. Section 409.4101, Florida Statutes, is amended
 5837  to read:
 5838         409.4101 Rulemaking authority.—Following entry into the new
 5839  Interstate Compact for the Placement of Children by this state
 5840  pursuant to ss. 409.408 and 409.409, any rules adopted by the
 5841  Interstate Commission shall not be binding unless also adopted
 5842  by this state through the rulemaking process. The Department of
 5843  Children and Families Family Services shall have rulemaking
 5844  authority pursuant to ss. 120.536(1) and 120.54 to implement the
 5845  provisions of the Interstate Compact for the Placement of
 5846  Children created under s. 409.408.
 5847         Section 195. Paragraph (a) of subsection (2) of section
 5848  409.441, Florida Statutes, is amended to read:
 5849         409.441 Runaway youth programs and centers.—
 5850         (2) DEFINITIONS.—
 5851         (a) “Department” means the Department of Children and
 5852  Families Family Services.
 5853         Section 196. Subsection (2) of section 409.813, Florida
 5854  Statutes, is amended to read:
 5855         409.813 Health benefits coverage; program components;
 5856  entitlement and nonentitlement.—
 5857         (2) Except for Title XIX-funded Florida Kidcare program
 5858  coverage under the Medicaid program, coverage under the Florida
 5859  Kidcare program is not an entitlement. No cause of action shall
 5860  arise against the state, the department, the Department of
 5861  Children and Families Family Services, or the agency for failure
 5862  to make health services available to any person under ss.
 5863  409.810-409.821.
 5864         Section 197. Section 409.8135, Florida Statutes, is amended
 5865  to read:
 5866         409.8135 Behavioral health services.—In order to ensure a
 5867  high level of integration of physical and behavioral health care
 5868  and to meet the more intensive treatment needs of enrollees with
 5869  the most serious emotional disturbances or substance abuse
 5870  problems, the Department of Health shall contract with the
 5871  Department of Children and Families Family Services to provide
 5872  behavioral health services to non-Medicaid-eligible children
 5873  with special health care needs. The Department of Children and
 5874  Families Family Services, in consultation with the Department of
 5875  Health and the agency, is authorized to establish the following:
 5876         (1) The scope of behavioral health services, including
 5877  duration and frequency.
 5878         (2) Clinical guidelines for referral to behavioral health
 5879  services.
 5880         (3) Behavioral health services standards.
 5881         (4) Performance-based measures and outcomes for behavioral
 5882  health services.
 5883         (5) Practice guidelines for behavioral health services to
 5884  ensure cost-effective treatment and to prevent unnecessary
 5885  expenditures.
 5886         (6) Rules to implement this section.
 5887         Section 198. Subsection (1) of section 409.8177, Florida
 5888  Statutes, is amended to read:
 5889         409.8177 Program evaluation.—
 5890         (1) The agency, in consultation with the Department of
 5891  Health, the Department of Children and Families Family Services,
 5892  and the Florida Healthy Kids Corporation, shall contract for an
 5893  evaluation of the Florida Kidcare program and shall by January 1
 5894  of each year submit to the Governor, the President of the
 5895  Senate, and the Speaker of the House of Representatives a report
 5896  of the program. In addition to the items specified under s. 2108
 5897  of Title XXI of the Social Security Act, the report shall
 5898  include an assessment of crowd-out and access to health care, as
 5899  well as the following:
 5900         (a) An assessment of the operation of the program,
 5901  including the progress made in reducing the number of uncovered
 5902  low-income children.
 5903         (b) An assessment of the effectiveness in increasing the
 5904  number of children with creditable health coverage, including an
 5905  assessment of the impact of outreach.
 5906         (c) The characteristics of the children and families
 5907  assisted under the program, including ages of the children,
 5908  family income, and access to or coverage by other health
 5909  insurance prior to the program and after disenrollment from the
 5910  program.
 5911         (d) The quality of health coverage provided, including the
 5912  types of benefits provided.
 5913         (e) The amount and level, including payment of part or all
 5914  of any premium, of assistance provided.
 5915         (f) The average length of coverage of a child under the
 5916  program.
 5917         (g) The program’s choice of health benefits coverage and
 5918  other methods used for providing child health assistance.
 5919         (h) The sources of nonfederal funding used in the program.
 5920         (i) An assessment of the effectiveness of the Florida
 5921  Kidcare program, including Medicaid, the Florida Healthy Kids
 5922  program, Medikids, and the Children’s Medical Services network,
 5923  and other public and private programs in the state in increasing
 5924  the availability of affordable quality health insurance and
 5925  health care for children.
 5926         (j) A review and assessment of state activities to
 5927  coordinate the program with other public and private programs.
 5928         (k) An analysis of changes and trends in the state that
 5929  affect the provision of health insurance and health care to
 5930  children.
 5931         (l) A description of any plans the state has for improving
 5932  the availability of health insurance and health care for
 5933  children.
 5934         (m) Recommendations for improving the program.
 5935         (n) Other studies as necessary.
 5936         Section 199. Subsection (1), paragraphs (a), (b), and (c)
 5937  of subsection (2), and subsection (6) of section 409.818,
 5938  Florida Statutes, are amended to read:
 5939         409.818 Administration.—In order to implement ss. 409.810
 5940  409.821, the following agencies shall have the following duties:
 5941         (1) The Department of Children and Families Family Services
 5942  shall:
 5943         (a) Develop a simplified eligibility application mail-in
 5944  form to be used for determining the eligibility of children for
 5945  coverage under the Florida Kidcare program, in consultation with
 5946  the agency, the Department of Health, and the Florida Healthy
 5947  Kids Corporation. The simplified eligibility application form
 5948  must include an item that provides an opportunity for the
 5949  applicant to indicate whether coverage is being sought for a
 5950  child with special health care needs. Families applying for
 5951  children’s Medicaid coverage must also be able to use the
 5952  simplified application form without having to pay a premium.
 5953         (b) Establish and maintain the eligibility determination
 5954  process under the program except as specified in subsection (5).
 5955  The department shall directly, or through the services of a
 5956  contracted third-party administrator, establish and maintain a
 5957  process for determining eligibility of children for coverage
 5958  under the program. The eligibility determination process must be
 5959  used solely for determining eligibility of applicants for health
 5960  benefits coverage under the program. The eligibility
 5961  determination process must include an initial determination of
 5962  eligibility for any coverage offered under the program, as well
 5963  as a redetermination or reverification of eligibility each
 5964  subsequent 6 months. Effective January 1, 1999, a child who has
 5965  not attained the age of 5 and who has been determined eligible
 5966  for the Medicaid program is eligible for coverage for 12 months
 5967  without a redetermination or reverification of eligibility. In
 5968  conducting an eligibility determination, the department shall
 5969  determine if the child has special health care needs. The
 5970  department, in consultation with the Agency for Health Care
 5971  Administration and the Florida Healthy Kids Corporation, shall
 5972  develop procedures for redetermining eligibility which enable a
 5973  family to easily update any change in circumstances which could
 5974  affect eligibility. The department may accept changes in a
 5975  family’s status as reported to the department by the Florida
 5976  Healthy Kids Corporation without requiring a new application
 5977  from the family. Redetermination of a child’s eligibility for
 5978  Medicaid may not be linked to a child’s eligibility
 5979  determination for other programs.
 5980         (c) Inform program applicants about eligibility
 5981  determinations and provide information about eligibility of
 5982  applicants to the Florida Kidcare program and to insurers and
 5983  their agents, through a centralized coordinating office.
 5984         (d) Adopt rules necessary for conducting program
 5985  eligibility functions.
 5986         (2) The Department of Health shall:
 5987         (a) Design an eligibility intake process for the program,
 5988  in coordination with the Department of Children and Families
 5989  Family Services, the agency, and the Florida Healthy Kids
 5990  Corporation. The eligibility intake process may include local
 5991  intake points that are determined by the Department of Health in
 5992  coordination with the Department of Children and Families Family
 5993  Services.
 5994         (b) Chair a state-level Florida Kidcare coordinating
 5995  council to review and make recommendations concerning the
 5996  implementation and operation of the program. The coordinating
 5997  council shall include representatives from the department, the
 5998  Department of Children and Families Family Services, the agency,
 5999  the Florida Healthy Kids Corporation, the Office of Insurance
 6000  Regulation of the Financial Services Commission, local
 6001  government, health insurers, health maintenance organizations,
 6002  health care providers, families participating in the program,
 6003  and organizations representing low-income families.
 6004         (c) In consultation with the Florida Healthy Kids
 6005  Corporation and the Department of Children and Families Family
 6006  Services, establish a toll-free telephone line to assist
 6007  families with questions about the program.
 6008         (6) The agency, the Department of Health, the Department of
 6009  Children and Families Family Services, the Florida Healthy Kids
 6010  Corporation, and the Office of Insurance Regulation, after
 6011  consultation with and approval of the Speaker of the House of
 6012  Representatives and the President of the Senate, are authorized
 6013  to make program modifications that are necessary to overcome any
 6014  objections of the United States Department of Health and Human
 6015  Services to obtain approval of the state’s child health
 6016  insurance plan under Title XXI of the Social Security Act.
 6017         Section 200. Subsections (1) and (3) of section 409.821,
 6018  Florida Statutes, are amended to read:
 6019         409.821 Florida Kidcare program public records exemption.—
 6020         (1) Personal identifying information of a Florida Kidcare
 6021  program applicant or enrollee, as defined in s. 409.811, held by
 6022  the Agency for Health Care Administration, the Department of
 6023  Children and Families Family Services, the Department of Health,
 6024  or the Florida Healthy Kids Corporation is confidential and
 6025  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 6026  Constitution.
 6027         (3) This exemption applies to any information identifying a
 6028  Florida Kidcare program applicant or enrollee held by the Agency
 6029  for Health Care Administration, the Department of Children and
 6030  Families Family Services, the Department of Health, or the
 6031  Florida Healthy Kids Corporation before, on, or after the
 6032  effective date of this exemption.
 6033         Section 201. Subsections (3), (16), and (19) of section
 6034  409.901, Florida Statutes, are amended to read:
 6035         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 6036  409.901-409.920, except as otherwise specifically provided, the
 6037  term:
 6038         (3) “Applicant” means an individual whose written
 6039  application for medical assistance provided by Medicaid under
 6040  ss. 409.903-409.906 has been submitted to the Department of
 6041  Children and Families Family Services, or to the Social Security
 6042  Administration if the application is for Supplemental Security
 6043  Income, but has not received final action. This term includes an
 6044  individual, who need not be alive at the time of application,
 6045  whose application is submitted through a representative or a
 6046  person acting for the individual.
 6047         (16) “Medicaid program” means the program authorized under
 6048  Title XIX of the federal Social Security Act which provides for
 6049  payments for medical items or services, or both, on behalf of
 6050  any person who is determined by the Department of Children and
 6051  Families Family Services, or, for Supplemental Security Income,
 6052  by the Social Security Administration, to be eligible on the
 6053  date of service for Medicaid assistance.
 6054         (19) “Medicaid recipient” or “recipient” means an
 6055  individual whom the Department of Children and Families Family
 6056  Services, or, for Supplemental Security Income, by the Social
 6057  Security Administration, determines is eligible, pursuant to
 6058  federal and state law, to receive medical assistance and related
 6059  services for which the agency may make payments under the
 6060  Medicaid program. For the purposes of determining third-party
 6061  liability, the term includes an individual formerly determined
 6062  to be eligible for Medicaid, an individual who has received
 6063  medical assistance under the Medicaid program, or an individual
 6064  on whose behalf Medicaid has become obligated.
 6065         Section 202. Subsection (1) and paragraphs (a) and (b) of
 6066  subsection (8) of section 409.902, Florida Statutes, are amended
 6067  to read:
 6068         409.902 Designated single state agency; payment
 6069  requirements; program title; release of medical records.—
 6070         (1) The Agency for Health Care Administration is designated
 6071  as the single state agency authorized to make payments for
 6072  medical assistance and related services under Title XIX of the
 6073  Social Security Act. These payments shall be made, subject to
 6074  any limitations or directions provided for in the General
 6075  Appropriations Act, only for services included in the program,
 6076  shall be made only on behalf of eligible individuals, and shall
 6077  be made only to qualified providers in accordance with federal
 6078  requirements for Title XIX of the Social Security Act and the
 6079  provisions of state law. This program of medical assistance is
 6080  designated the “Medicaid program.” The Department of Children
 6081  and Families Family Services is responsible for Medicaid
 6082  eligibility determinations, including, but not limited to,
 6083  policy, rules, and the agreement with the Social Security
 6084  Administration for Medicaid eligibility determinations for
 6085  Supplemental Security Income recipients, as well as the actual
 6086  determination of eligibility. As a condition of Medicaid
 6087  eligibility, subject to federal approval, the Agency for Health
 6088  Care Administration and the Department of Children and Families
 6089  Family Services shall ensure that each recipient of Medicaid
 6090  consents to the release of her or his medical records to the
 6091  Agency for Health Care Administration and the Medicaid Fraud
 6092  Control Unit of the Department of Legal Affairs.
 6093         (8) The department shall implement the following project
 6094  governance structure until the system is implemented:
 6095         (a) The Secretary of Children and Families Family Services
 6096  shall have overall responsibility for the project.
 6097         (b) The project shall be governed by an executive steering
 6098  committee composed of three department staff members appointed
 6099  by the Secretary of Children and Families Family Services; three
 6100  agency staff members, including at least two state Medicaid
 6101  program staff members, appointed by the Secretary of the Agency
 6102  for Health Care Administration; one staff member from Children’s
 6103  Medical Services within the Department of Health appointed by
 6104  the Surgeon General; and a representative from the Florida
 6105  Healthy Kids Corporation.
 6106         Section 203. Section 409.90201, Florida Statutes, is
 6107  amended to read:
 6108         409.90201 Recipient address update process.—The Agency for
 6109  Health Care Administration and the Department of Children and
 6110  Families Family Services, in consultation with hospitals and
 6111  nursing homes that serve Medicaid recipients, shall develop a
 6112  process to update a recipient’s address in the Medicaid
 6113  eligibility system at the time a recipient is admitted to a
 6114  hospital or nursing home. If a recipient’s address information
 6115  in the Medicaid eligibility system needs to be updated, the
 6116  update shall be completed within 10 days after the recipient’s
 6117  admission to a hospital or nursing home.
 6118         Section 204. Section 409.903, Florida Statutes, is amended
 6119  to read:
 6120         409.903 Mandatory payments for eligible persons.—The agency
 6121  shall make payments for medical assistance and related services
 6122  on behalf of the following persons who the department, or the
 6123  Social Security Administration by contract with the Department
 6124  of Children and Families Family Services, determines to be
 6125  eligible, subject to the income, assets, and categorical
 6126  eligibility tests set forth in federal and state law. Payment on
 6127  behalf of these Medicaid eligible persons is subject to the
 6128  availability of moneys and any limitations established by the
 6129  General Appropriations Act or chapter 216.
 6130         (1) Low-income families with children are eligible for
 6131  Medicaid provided they meet the following requirements:
 6132         (a) The family includes a dependent child who is living
 6133  with a caretaker relative.
 6134         (b) The family’s income does not exceed the gross income
 6135  test limit.
 6136         (c) The family’s countable income and resources do not
 6137  exceed the applicable Aid to Families with Dependent Children
 6138  (AFDC) income and resource standards under the AFDC state plan
 6139  in effect in July 1996, except as amended in the Medicaid state
 6140  plan to conform as closely as possible to the requirements of
 6141  the welfare transition program, to the extent permitted by
 6142  federal law.
 6143         (2) A person who receives payments from, who is determined
 6144  eligible for, or who was eligible for but lost cash benefits
 6145  from the federal program known as the Supplemental Security
 6146  Income program (SSI). This category includes a low-income person
 6147  age 65 or over and a low-income person under age 65 considered
 6148  to be permanently and totally disabled.
 6149         (3) A child under age 21 living in a low-income, two-parent
 6150  family, and a child under age 7 living with a nonrelative, if
 6151  the income and assets of the family or child, as applicable, do
 6152  not exceed the resource limits under the Temporary Cash
 6153  Assistance Program.
 6154         (4) A child who is eligible under Title IV-E of the Social
 6155  Security Act for subsidized board payments, foster care, or
 6156  adoption subsidies, and a child for whom the state has assumed
 6157  temporary or permanent responsibility and who does not qualify
 6158  for Title IV-E assistance but is in foster care, shelter or
 6159  emergency shelter care, or subsidized adoption. This category
 6160  includes a young adult who is eligible to receive services under
 6161  s. 409.1451, until the young adult reaches 21 years of age,
 6162  without regard to any income, resource, or categorical
 6163  eligibility test that is otherwise required. This category also
 6164  includes a person who as a child was eligible under Title IV-E
 6165  of the Social Security Act for foster care or the state-provided
 6166  foster care and who is a participant in the Road-to-Independence
 6167  Program.
 6168         (5) A pregnant woman for the duration of her pregnancy and
 6169  for the postpartum period as defined in federal law and rule, or
 6170  a child under age 1, if either is living in a family that has an
 6171  income which is at or below 150 percent of the most current
 6172  federal poverty level, or, effective January 1, 1992, that has
 6173  an income which is at or below 185 percent of the most current
 6174  federal poverty level. Such a person is not subject to an assets
 6175  test. Further, a pregnant woman who applies for eligibility for
 6176  the Medicaid program through a qualified Medicaid provider must
 6177  be offered the opportunity, subject to federal rules, to be made
 6178  presumptively eligible for the Medicaid program.
 6179         (6) A child born after September 30, 1983, living in a
 6180  family that has an income which is at or below 100 percent of
 6181  the current federal poverty level, who has attained the age of
 6182  6, but has not attained the age of 19. In determining the
 6183  eligibility of such a child, an assets test is not required. A
 6184  child who is eligible for Medicaid under this subsection must be
 6185  offered the opportunity, subject to federal rules, to be made
 6186  presumptively eligible. A child who has been deemed
 6187  presumptively eligible for Medicaid shall not be enrolled in a
 6188  managed care plan until the child’s full eligibility
 6189  determination for Medicaid has been completed.
 6190         (7) A child living in a family that has an income which is
 6191  at or below 133 percent of the current federal poverty level,
 6192  who has attained the age of 1, but has not attained the age of
 6193  6. In determining the eligibility of such a child, an assets
 6194  test is not required. A child who is eligible for Medicaid under
 6195  this subsection must be offered the opportunity, subject to
 6196  federal rules, to be made presumptively eligible. A child who
 6197  has been deemed presumptively eligible for Medicaid shall not be
 6198  enrolled in a managed care plan until the child’s full
 6199  eligibility determination for Medicaid has been completed.
 6200         (8) A person who is age 65 or over or is determined by the
 6201  agency to be disabled, whose income is at or below 100 percent
 6202  of the most current federal poverty level and whose assets do
 6203  not exceed limitations established by the agency. However, the
 6204  agency may only pay for premiums, coinsurance, and deductibles,
 6205  as required by federal law, unless additional coverage is
 6206  provided for any or all members of this group by s. 409.904(1).
 6207         Section 205. Paragraph (a) of subsection (8), paragraph (d)
 6208  of subsection (13), and subsection (24) of section 409.906,
 6209  Florida Statutes, are amended to read:
 6210         409.906 Optional Medicaid services.—Subject to specific
 6211  appropriations, the agency may make payments for services which
 6212  are optional to the state under Title XIX of the Social Security
 6213  Act and are furnished by Medicaid providers to recipients who
 6214  are determined to be eligible on the dates on which the services
 6215  were provided. Any optional service that is provided shall be
 6216  provided only when medically necessary and in accordance with
 6217  state and federal law. Optional services rendered by providers
 6218  in mobile units to Medicaid recipients may be restricted or
 6219  prohibited by the agency. Nothing in this section shall be
 6220  construed to prevent or limit the agency from adjusting fees,
 6221  reimbursement rates, lengths of stay, number of visits, or
 6222  number of services, or making any other adjustments necessary to
 6223  comply with the availability of moneys and any limitations or
 6224  directions provided for in the General Appropriations Act or
 6225  chapter 216. If necessary to safeguard the state’s systems of
 6226  providing services to elderly and disabled persons and subject
 6227  to the notice and review provisions of s. 216.177, the Governor
 6228  may direct the Agency for Health Care Administration to amend
 6229  the Medicaid state plan to delete the optional Medicaid service
 6230  known as “Intermediate Care Facilities for the Developmentally
 6231  Disabled.” Optional services may include:
 6232         (8) COMMUNITY MENTAL HEALTH SERVICES.—
 6233         (a) The agency may pay for rehabilitative services provided
 6234  to a recipient by a mental health or substance abuse provider
 6235  under contract with the agency or the Department of Children and
 6236  Families Family Services to provide such services. Those
 6237  services which are psychiatric in nature shall be rendered or
 6238  recommended by a psychiatrist, and those services which are
 6239  medical in nature shall be rendered or recommended by a
 6240  physician or psychiatrist. The agency must develop a provider
 6241  enrollment process for community mental health providers which
 6242  bases provider enrollment on an assessment of service need. The
 6243  provider enrollment process shall be designed to control costs,
 6244  prevent fraud and abuse, consider provider expertise and
 6245  capacity, and assess provider success in managing utilization of
 6246  care and measuring treatment outcomes. Providers will be
 6247  selected through a competitive procurement or selective
 6248  contracting process. In addition to other community mental
 6249  health providers, the agency shall consider for enrollment
 6250  mental health programs licensed under chapter 395 and group
 6251  practices licensed under chapter 458, chapter 459, chapter 490,
 6252  or chapter 491. The agency is also authorized to continue
 6253  operation of its behavioral health utilization management
 6254  program and may develop new services if these actions are
 6255  necessary to ensure savings from the implementation of the
 6256  utilization management system. The agency shall coordinate the
 6257  implementation of this enrollment process with the Department of
 6258  Children and Families Family Services and the Department of
 6259  Juvenile Justice. The agency is authorized to utilize diagnostic
 6260  criteria in setting reimbursement rates, to preauthorize certain
 6261  high-cost or highly utilized services, to limit or eliminate
 6262  coverage for certain services, or to make any other adjustments
 6263  necessary to comply with any limitations or directions provided
 6264  for in the General Appropriations Act.
 6265         (13) HOME AND COMMUNITY-BASED SERVICES.—
 6266         (d) The agency shall request federal approval to develop a
 6267  system to require payment of premiums or other cost sharing by
 6268  the parents of a child who is being served by a waiver under
 6269  this subsection if the adjusted household income is greater than
 6270  100 percent of the federal poverty level. The amount of the
 6271  premium or cost sharing shall be calculated using a sliding
 6272  scale based on the size of the family, the amount of the
 6273  parent’s adjusted gross income, and the federal poverty
 6274  guidelines. The premium and cost-sharing system developed by the
 6275  agency shall not adversely affect federal funding to the state.
 6276  After the agency receives federal approval, the Department of
 6277  Children and Families Family Services may collect income
 6278  information from parents of children who will be affected by
 6279  this paragraph. The agency shall prepare a report to include the
 6280  estimated operational cost of implementing the premium and cost
 6281  sharing system and the estimated revenues to be collected from
 6282  parents of children in the waiver program. The report shall be
 6283  delivered to the President of the Senate and the Speaker of the
 6284  House of Representatives by June 30, 2012.
 6285         (24) CHILD-WELFARE-TARGETED CASE MANAGEMENT.—The Agency for
 6286  Health Care Administration, in consultation with the Department
 6287  of Children and Families Family Services, may establish a
 6288  targeted case-management project in those counties identified by
 6289  the Department of Children and Families Family Services and for
 6290  all counties with a community-based child welfare project, as
 6291  authorized under s. 409.1671, which have been specifically
 6292  approved by the department. The covered group of individuals who
 6293  are eligible to receive targeted case management include
 6294  children who are eligible for Medicaid; who are between the ages
 6295  of birth through 21; and who are under protective supervision or
 6296  postplacement supervision, under foster-care supervision, or in
 6297  shelter care or foster care. The number of individuals who are
 6298  eligible to receive targeted case management is limited to the
 6299  number for whom the Department of Children and Families Family
 6300  Services has matching funds to cover the costs. The general
 6301  revenue funds required to match the funds for services provided
 6302  by the community-based child welfare projects are limited to
 6303  funds available for services described under s. 409.1671. The
 6304  Department of Children and Families Family Services may transfer
 6305  the general revenue matching funds as billed by the Agency for
 6306  Health Care Administration.
 6307         Section 206. Section 409.9102, Florida Statutes, is amended
 6308  to read:
 6309         409.9102 A qualified state Long-Term Care Insurance
 6310  Partnership Program in Florida.—The Agency for Health Care
 6311  Administration, in consultation with the Office of Insurance
 6312  Regulation and the Department of Children and Families Family
 6313  Services, is directed to establish a qualified state Long-Term
 6314  Care Insurance Partnership Program in Florida, in compliance
 6315  with the requirements of s. 1917(b) of the Social Security Act,
 6316  as amended.
 6317         (1) The program shall:
 6318         (a) Provide incentives for an individual to obtain or
 6319  maintain insurance to cover the cost of long-term care.
 6320         (b) Provide a mechanism to qualify for coverage of the
 6321  costs of long-term care needs under Medicaid without first being
 6322  required to substantially exhaust his or her assets, including a
 6323  provision for the disregard of any assets in an amount equal to
 6324  the insurance benefit payments that are made to or on behalf of
 6325  an individual who is a beneficiary under the program.
 6326         (c) Alleviate the financial burden on the state’s medical
 6327  assistance program by encouraging the pursuit of private
 6328  initiatives.
 6329         (2) The Agency for Health Care Administration, in
 6330  consultation with the Office of Insurance Regulation and the
 6331  Department of Children and Families Family Services, and in
 6332  accordance with federal guidelines, shall create standards for
 6333  long-term care partnership program information distributed to
 6334  individuals through insurance companies offering approved long
 6335  term care partnership program policies.
 6336         (3) The Agency for Health Care Administration is authorized
 6337  to amend the Medicaid state plan and adopt rules pursuant to ss.
 6338  120.536(1) and 120.54 to implement this section.
 6339         (4) The Department of Children and Families Family
 6340  Services, when determining eligibility for Medicaid long-term
 6341  care services for an individual who is the beneficiary of an
 6342  approved long-term care partnership program policy, shall reduce
 6343  the total countable assets of the individual by an amount equal
 6344  to the insurance benefit payments that are made to or on behalf
 6345  of the individual. The department is authorized to adopt rules
 6346  pursuant to ss. 120.536(1) and 120.54 to implement this
 6347  subsection.
 6348         Section 207. Subsection (11) of section 409.91195, Florida
 6349  Statutes, is amended to read:
 6350         409.91195 Medicaid Pharmaceutical and Therapeutics
 6351  Committee.—There is created a Medicaid Pharmaceutical and
 6352  Therapeutics Committee within the agency for the purpose of
 6353  developing a Medicaid preferred drug list.
 6354         (11) Medicaid recipients may appeal agency preferred drug
 6355  formulary decisions using the Medicaid fair hearing process
 6356  administered by the Department of Children and Families Family
 6357  Services.
 6358         Section 208. Subsection (1), paragraph (b) of subsection
 6359  (4), subsection (28), paragraph (a) of subsection (37), and
 6360  subsection (51) of section 409.912, Florida Statutes, are
 6361  amended to read:
 6362         409.912 Cost-effective purchasing of health care.—The
 6363  agency shall purchase goods and services for Medicaid recipients
 6364  in the most cost-effective manner consistent with the delivery
 6365  of quality medical care. To ensure that medical services are
 6366  effectively utilized, the agency may, in any case, require a
 6367  confirmation or second physician’s opinion of the correct
 6368  diagnosis for purposes of authorizing future services under the
 6369  Medicaid program. This section does not restrict access to
 6370  emergency services or poststabilization care services as defined
 6371  in 42 C.F.R. part 438.114. Such confirmation or second opinion
 6372  shall be rendered in a manner approved by the agency. The agency
 6373  shall maximize the use of prepaid per capita and prepaid
 6374  aggregate fixed-sum basis services when appropriate and other
 6375  alternative service delivery and reimbursement methodologies,
 6376  including competitive bidding pursuant to s. 287.057, designed
 6377  to facilitate the cost-effective purchase of a case-managed
 6378  continuum of care. The agency shall also require providers to
 6379  minimize the exposure of recipients to the need for acute
 6380  inpatient, custodial, and other institutional care and the
 6381  inappropriate or unnecessary use of high-cost services. The
 6382  agency shall contract with a vendor to monitor and evaluate the
 6383  clinical practice patterns of providers in order to identify
 6384  trends that are outside the normal practice patterns of a
 6385  provider’s professional peers or the national guidelines of a
 6386  provider’s professional association. The vendor must be able to
 6387  provide information and counseling to a provider whose practice
 6388  patterns are outside the norms, in consultation with the agency,
 6389  to improve patient care and reduce inappropriate utilization.
 6390  The agency may mandate prior authorization, drug therapy
 6391  management, or disease management participation for certain
 6392  populations of Medicaid beneficiaries, certain drug classes, or
 6393  particular drugs to prevent fraud, abuse, overuse, and possible
 6394  dangerous drug interactions. The Pharmaceutical and Therapeutics
 6395  Committee shall make recommendations to the agency on drugs for
 6396  which prior authorization is required. The agency shall inform
 6397  the Pharmaceutical and Therapeutics Committee of its decisions
 6398  regarding drugs subject to prior authorization. The agency is
 6399  authorized to limit the entities it contracts with or enrolls as
 6400  Medicaid providers by developing a provider network through
 6401  provider credentialing. The agency may competitively bid single
 6402  source-provider contracts if procurement of goods or services
 6403  results in demonstrated cost savings to the state without
 6404  limiting access to care. The agency may limit its network based
 6405  on the assessment of beneficiary access to care, provider
 6406  availability, provider quality standards, time and distance
 6407  standards for access to care, the cultural competence of the
 6408  provider network, demographic characteristics of Medicaid
 6409  beneficiaries, practice and provider-to-beneficiary standards,
 6410  appointment wait times, beneficiary use of services, provider
 6411  turnover, provider profiling, provider licensure history,
 6412  previous program integrity investigations and findings, peer
 6413  review, provider Medicaid policy and billing compliance records,
 6414  clinical and medical record audits, and other factors. Providers
 6415  are not entitled to enrollment in the Medicaid provider network.
 6416  The agency shall determine instances in which allowing Medicaid
 6417  beneficiaries to purchase durable medical equipment and other
 6418  goods is less expensive to the Medicaid program than long-term
 6419  rental of the equipment or goods. The agency may establish rules
 6420  to facilitate purchases in lieu of long-term rentals in order to
 6421  protect against fraud and abuse in the Medicaid program as
 6422  defined in s. 409.913. The agency may seek federal waivers
 6423  necessary to administer these policies.
 6424         (1) The agency shall work with the Department of Children
 6425  and Families Family Services to ensure access of children and
 6426  families in the child protection system to needed and
 6427  appropriate mental health and substance abuse services. This
 6428  subsection expires October 1, 2014.
 6429         (4) The agency may contract with:
 6430         (b) An entity that is providing comprehensive behavioral
 6431  health care services to certain Medicaid recipients through a
 6432  capitated, prepaid arrangement pursuant to the federal waiver
 6433  provided for by s. 409.905(5). Such entity must be licensed
 6434  under chapter 624, chapter 636, or chapter 641, or authorized
 6435  under paragraph (c) or paragraph (d), and must possess the
 6436  clinical systems and operational competence to manage risk and
 6437  provide comprehensive behavioral health care to Medicaid
 6438  recipients. As used in this paragraph, the term “comprehensive
 6439  behavioral health care services” means covered mental health and
 6440  substance abuse treatment services that are available to
 6441  Medicaid recipients. The secretary of the Department of Children
 6442  and Families Family Services shall approve provisions of
 6443  procurements related to children in the department’s care or
 6444  custody before enrolling such children in a prepaid behavioral
 6445  health plan. Any contract awarded under this paragraph must be
 6446  competitively procured. In developing the behavioral health care
 6447  prepaid plan procurement document, the agency shall ensure that
 6448  the procurement document requires the contractor to develop and
 6449  implement a plan to ensure compliance with s. 394.4574 related
 6450  to services provided to residents of licensed assisted living
 6451  facilities that hold a limited mental health license. Except as
 6452  provided in subparagraph 5., and except in counties where the
 6453  Medicaid managed care pilot program is authorized pursuant to s.
 6454  409.91211, the agency shall seek federal approval to contract
 6455  with a single entity meeting these requirements to provide
 6456  comprehensive behavioral health care services to all Medicaid
 6457  recipients not enrolled in a Medicaid managed care plan
 6458  authorized under s. 409.91211, a provider service network
 6459  authorized under paragraph (d), or a Medicaid health maintenance
 6460  organization in an AHCA area. In an AHCA area where the Medicaid
 6461  managed care pilot program is authorized pursuant to s.
 6462  409.91211 in one or more counties, the agency may procure a
 6463  contract with a single entity to serve the remaining counties as
 6464  an AHCA area or the remaining counties may be included with an
 6465  adjacent AHCA area and are subject to this paragraph. Each
 6466  entity must offer a sufficient choice of providers in its
 6467  network to ensure recipient access to care and the opportunity
 6468  to select a provider with whom they are satisfied. The network
 6469  shall include all public mental health hospitals. To ensure
 6470  unimpaired access to behavioral health care services by Medicaid
 6471  recipients, all contracts issued pursuant to this paragraph must
 6472  require 80 percent of the capitation paid to the managed care
 6473  plan, including health maintenance organizations and capitated
 6474  provider service networks, to be expended for the provision of
 6475  behavioral health care services. If the managed care plan
 6476  expends less than 80 percent of the capitation paid for the
 6477  provision of behavioral health care services, the difference
 6478  shall be returned to the agency. The agency shall provide the
 6479  plan with a certification letter indicating the amount of
 6480  capitation paid during each calendar year for behavioral health
 6481  care services pursuant to this section. The agency may reimburse
 6482  for substance abuse treatment services on a fee-for-service
 6483  basis until the agency finds that adequate funds are available
 6484  for capitated, prepaid arrangements.
 6485         1. The agency shall modify the contracts with the entities
 6486  providing comprehensive inpatient and outpatient mental health
 6487  care services to Medicaid recipients in Hillsborough, Highlands,
 6488  Hardee, Manatee, and Polk Counties, to include substance abuse
 6489  treatment services.
 6490         2. Except as provided in subparagraph 5., the agency and
 6491  the Department of Children and Families Family Services shall
 6492  contract with managed care entities in each AHCA area except
 6493  area 6 or arrange to provide comprehensive inpatient and
 6494  outpatient mental health and substance abuse services through
 6495  capitated prepaid arrangements to all Medicaid recipients who
 6496  are eligible to participate in such plans under federal law and
 6497  regulation. In AHCA areas where eligible individuals number less
 6498  than 150,000, the agency shall contract with a single managed
 6499  care plan to provide comprehensive behavioral health services to
 6500  all recipients who are not enrolled in a Medicaid health
 6501  maintenance organization, a provider service network authorized
 6502  under paragraph (d), or a Medicaid capitated managed care plan
 6503  authorized under s. 409.91211. The agency may contract with more
 6504  than one comprehensive behavioral health provider to provide
 6505  care to recipients who are not enrolled in a Medicaid capitated
 6506  managed care plan authorized under s. 409.91211, a provider
 6507  service network authorized under paragraph (d), or a Medicaid
 6508  health maintenance organization in AHCA areas where the eligible
 6509  population exceeds 150,000. In an AHCA area where the Medicaid
 6510  managed care pilot program is authorized pursuant to s.
 6511  409.91211 in one or more counties, the agency may procure a
 6512  contract with a single entity to serve the remaining counties as
 6513  an AHCA area or the remaining counties may be included with an
 6514  adjacent AHCA area and shall be subject to this paragraph.
 6515  Contracts for comprehensive behavioral health providers awarded
 6516  pursuant to this section shall be competitively procured. Both
 6517  for-profit and not-for-profit corporations are eligible to
 6518  compete. Managed care plans contracting with the agency under
 6519  subsection (3) or paragraph (d) shall provide and receive
 6520  payment for the same comprehensive behavioral health benefits as
 6521  provided in AHCA rules, including handbooks incorporated by
 6522  reference. In AHCA area 11, the agency shall contract with at
 6523  least two comprehensive behavioral health care providers to
 6524  provide behavioral health care to recipients in that area who
 6525  are enrolled in, or assigned to, the MediPass program. One of
 6526  the behavioral health care contracts must be with the existing
 6527  provider service network pilot project, as described in
 6528  paragraph (d), for the purpose of demonstrating the cost
 6529  effectiveness of the provision of quality mental health services
 6530  through a public hospital-operated managed care model. Payment
 6531  shall be at an agreed-upon capitated rate to ensure cost
 6532  savings. Of the recipients in area 11 who are assigned to
 6533  MediPass under s. 409.9122(2)(k), a minimum of 50,000 of those
 6534  MediPass-enrolled recipients shall be assigned to the existing
 6535  provider service network in area 11 for their behavioral care.
 6536         3. Children residing in a statewide inpatient psychiatric
 6537  program, or in a Department of Juvenile Justice or a Department
 6538  of Children and Families Family Services residential program
 6539  approved as a Medicaid behavioral health overlay services
 6540  provider may not be included in a behavioral health care prepaid
 6541  health plan or any other Medicaid managed care plan pursuant to
 6542  this paragraph.
 6543         4. Traditional community mental health providers under
 6544  contract with the Department of Children and Families Family
 6545  Services pursuant to part IV of chapter 394, child welfare
 6546  providers under contract with the Department of Children and
 6547  Families Family Services in areas 1 and 6, and inpatient mental
 6548  health providers licensed pursuant to chapter 395 must be
 6549  offered an opportunity to accept or decline a contract to
 6550  participate in any provider network for prepaid behavioral
 6551  health services.
 6552         5. All Medicaid-eligible children, except children in area
 6553  1 and children in Highlands County, Hardee County, Polk County,
 6554  or Manatee County of area 6, that are open for child welfare
 6555  services in the statewide automated child welfare information
 6556  system, shall receive their behavioral health care services
 6557  through a specialty prepaid plan operated by community-based
 6558  lead agencies through a single agency or formal agreements among
 6559  several agencies. The agency shall work with the specialty plan
 6560  to develop clinically effective, evidence-based alternatives as
 6561  a downward substitution for the statewide inpatient psychiatric
 6562  program and similar residential care and institutional services.
 6563  The specialty prepaid plan must result in savings to the state
 6564  comparable to savings achieved in other Medicaid managed care
 6565  and prepaid programs. Such plan must provide mechanisms to
 6566  maximize state and local revenues. The specialty prepaid plan
 6567  shall be developed by the agency and the Department of Children
 6568  and Families Family Services. The agency may seek federal
 6569  waivers to implement this initiative. Medicaid-eligible children
 6570  whose cases are open for child welfare services in the statewide
 6571  automated child welfare information system and who reside in
 6572  AHCA area 10 shall be enrolled in a capitated provider service
 6573  network or other capitated managed care plan, which, in
 6574  coordination with available community-based care providers
 6575  specified in s. 409.1671, shall provide sufficient medical,
 6576  developmental, and behavioral health services to meet the needs
 6577  of these children.
 6578  
 6579  Effective July 1, 2012, in order to ensure continuity of care,
 6580  the agency is authorized to extend or modify current contracts
 6581  based on current service areas or on a regional basis, as
 6582  determined appropriate by the agency, with comprehensive
 6583  behavioral health care providers as described in this paragraph
 6584  during the period prior to its expiration. This paragraph
 6585  expires October 1, 2014.
 6586         (28) The agency shall perform enrollments and
 6587  disenrollments for Medicaid recipients who are eligible for
 6588  MediPass or managed care plans. Notwithstanding the prohibition
 6589  contained in paragraph (20)(f), managed care plans may perform
 6590  preenrollments of Medicaid recipients under the supervision of
 6591  the agency or its agents. For the purposes of this section, the
 6592  term “preenrollment” means the provision of marketing and
 6593  educational materials to a Medicaid recipient and assistance in
 6594  completing the application forms, but does not include actual
 6595  enrollment into a managed care plan. An application for
 6596  enrollment may not be deemed complete until the agency or its
 6597  agent verifies that the recipient made an informed, voluntary
 6598  choice. The agency, in cooperation with the Department of
 6599  Children and Families Family Services, may test new marketing
 6600  initiatives to inform Medicaid recipients about their managed
 6601  care options at selected sites. The agency may contract with a
 6602  third party to perform managed care plan and MediPass enrollment
 6603  and disenrollment services for Medicaid recipients and may adopt
 6604  rules to administer such services. The agency may adjust the
 6605  capitation rate only to cover the costs of a third-party
 6606  enrollment and disenrollment contract, and for agency
 6607  supervision and management of the managed care plan enrollment
 6608  and disenrollment contract. This subsection expires October 1,
 6609  2014.
 6610         (37)(a) The agency shall implement a Medicaid prescribed
 6611  drug spending-control program that includes the following
 6612  components:
 6613         1. A Medicaid preferred drug list, which shall be a listing
 6614  of cost-effective therapeutic options recommended by the
 6615  Medicaid Pharmacy and Therapeutics Committee established
 6616  pursuant to s. 409.91195 and adopted by the agency for each
 6617  therapeutic class on the preferred drug list. At the discretion
 6618  of the committee, and when feasible, the preferred drug list
 6619  should include at least two products in a therapeutic class. The
 6620  agency may post the preferred drug list and updates to the list
 6621  on an Internet website without following the rulemaking
 6622  procedures of chapter 120. Antiretroviral agents are excluded
 6623  from the preferred drug list. The agency shall also limit the
 6624  amount of a prescribed drug dispensed to no more than a 34-day
 6625  supply unless the drug products’ smallest marketed package is
 6626  greater than a 34-day supply, or the drug is determined by the
 6627  agency to be a maintenance drug in which case a 100-day maximum
 6628  supply may be authorized. The agency may seek any federal
 6629  waivers necessary to implement these cost-control programs and
 6630  to continue participation in the federal Medicaid rebate
 6631  program, or alternatively to negotiate state-only manufacturer
 6632  rebates. The agency may adopt rules to administer this
 6633  subparagraph. The agency shall continue to provide unlimited
 6634  contraceptive drugs and items. The agency must establish
 6635  procedures to ensure that:
 6636         a. There is a response to a request for prior consultation
 6637  by telephone or other telecommunication device within 24 hours
 6638  after receipt of a request for prior consultation; and
 6639         b. A 72-hour supply of the drug prescribed is provided in
 6640  an emergency or when the agency does not provide a response
 6641  within 24 hours as required by sub-subparagraph a.
 6642         2. Reimbursement to pharmacies for Medicaid prescribed
 6643  drugs shall be set at the lowest of: the average wholesale price
 6644  (AWP) minus 16.4 percent, the wholesaler acquisition cost (WAC)
 6645  plus 1.5 percent, the federal upper limit (FUL), the state
 6646  maximum allowable cost (SMAC), or the usual and customary (UAC)
 6647  charge billed by the provider.
 6648         3. The agency shall develop and implement a process for
 6649  managing the drug therapies of Medicaid recipients who are using
 6650  significant numbers of prescribed drugs each month. The
 6651  management process may include, but is not limited to,
 6652  comprehensive, physician-directed medical-record reviews, claims
 6653  analyses, and case evaluations to determine the medical
 6654  necessity and appropriateness of a patient’s treatment plan and
 6655  drug therapies. The agency may contract with a private
 6656  organization to provide drug-program-management services. The
 6657  Medicaid drug benefit management program shall include
 6658  initiatives to manage drug therapies for HIV/AIDS patients,
 6659  patients using 20 or more unique prescriptions in a 180-day
 6660  period, and the top 1,000 patients in annual spending. The
 6661  agency shall enroll any Medicaid recipient in the drug benefit
 6662  management program if he or she meets the specifications of this
 6663  provision and is not enrolled in a Medicaid health maintenance
 6664  organization.
 6665         4. The agency may limit the size of its pharmacy network
 6666  based on need, competitive bidding, price negotiations,
 6667  credentialing, or similar criteria. The agency shall give
 6668  special consideration to rural areas in determining the size and
 6669  location of pharmacies included in the Medicaid pharmacy
 6670  network. A pharmacy credentialing process may include criteria
 6671  such as a pharmacy’s full-service status, location, size,
 6672  patient educational programs, patient consultation, disease
 6673  management services, and other characteristics. The agency may
 6674  impose a moratorium on Medicaid pharmacy enrollment if it is
 6675  determined that it has a sufficient number of Medicaid
 6676  participating providers. The agency must allow dispensing
 6677  practitioners to participate as a part of the Medicaid pharmacy
 6678  network regardless of the practitioner’s proximity to any other
 6679  entity that is dispensing prescription drugs under the Medicaid
 6680  program. A dispensing practitioner must meet all credentialing
 6681  requirements applicable to his or her practice, as determined by
 6682  the agency.
 6683         5. The agency shall develop and implement a program that
 6684  requires Medicaid practitioners who prescribe drugs to use a
 6685  counterfeit-proof prescription pad for Medicaid prescriptions.
 6686  The agency shall require the use of standardized counterfeit
 6687  proof prescription pads by Medicaid-participating prescribers or
 6688  prescribers who write prescriptions for Medicaid recipients. The
 6689  agency may implement the program in targeted geographic areas or
 6690  statewide.
 6691         6. The agency may enter into arrangements that require
 6692  manufacturers of generic drugs prescribed to Medicaid recipients
 6693  to provide rebates of at least 15.1 percent of the average
 6694  manufacturer price for the manufacturer’s generic products.
 6695  These arrangements shall require that if a generic-drug
 6696  manufacturer pays federal rebates for Medicaid-reimbursed drugs
 6697  at a level below 15.1 percent, the manufacturer must provide a
 6698  supplemental rebate to the state in an amount necessary to
 6699  achieve a 15.1-percent rebate level.
 6700         7. The agency may establish a preferred drug list as
 6701  described in this subsection, and, pursuant to the establishment
 6702  of such preferred drug list, negotiate supplemental rebates from
 6703  manufacturers that are in addition to those required by Title
 6704  XIX of the Social Security Act and at no less than 14 percent of
 6705  the average manufacturer price as defined in 42 U.S.C. s. 1936
 6706  on the last day of a quarter unless the federal or supplemental
 6707  rebate, or both, equals or exceeds 29 percent. There is no upper
 6708  limit on the supplemental rebates the agency may negotiate. The
 6709  agency may determine that specific products, brand-name or
 6710  generic, are competitive at lower rebate percentages. Agreement
 6711  to pay the minimum supplemental rebate percentage guarantees a
 6712  manufacturer that the Medicaid Pharmaceutical and Therapeutics
 6713  Committee will consider a product for inclusion on the preferred
 6714  drug list. However, a pharmaceutical manufacturer is not
 6715  guaranteed placement on the preferred drug list by simply paying
 6716  the minimum supplemental rebate. Agency decisions will be made
 6717  on the clinical efficacy of a drug and recommendations of the
 6718  Medicaid Pharmaceutical and Therapeutics Committee, as well as
 6719  the price of competing products minus federal and state rebates.
 6720  The agency may contract with an outside agency or contractor to
 6721  conduct negotiations for supplemental rebates. For the purposes
 6722  of this section, the term “supplemental rebates” means cash
 6723  rebates. Value-added programs as a substitution for supplemental
 6724  rebates are prohibited. The agency may seek any federal waivers
 6725  to implement this initiative.
 6726         8. The agency shall expand home delivery of pharmacy
 6727  products. The agency may amend the state plan and issue a
 6728  procurement, as necessary, in order to implement this program.
 6729  The procurements must include agreements with a pharmacy or
 6730  pharmacies located in the state to provide mail order delivery
 6731  services at no cost to the recipients who elect to receive home
 6732  delivery of pharmacy products. The procurement must focus on
 6733  serving recipients with chronic diseases for which pharmacy
 6734  expenditures represent a significant portion of Medicaid
 6735  pharmacy expenditures or which impact a significant portion of
 6736  the Medicaid population. The agency may seek and implement any
 6737  federal waivers necessary to implement this subparagraph.
 6738         9. The agency shall limit to one dose per month any drug
 6739  prescribed to treat erectile dysfunction.
 6740         10.a. The agency may implement a Medicaid behavioral drug
 6741  management system. The agency may contract with a vendor that
 6742  has experience in operating behavioral drug management systems
 6743  to implement this program. The agency may seek federal waivers
 6744  to implement this program.
 6745         b. The agency, in conjunction with the Department of
 6746  Children and Families Family Services, may implement the
 6747  Medicaid behavioral drug management system that is designed to
 6748  improve the quality of care and behavioral health prescribing
 6749  practices based on best practice guidelines, improve patient
 6750  adherence to medication plans, reduce clinical risk, and lower
 6751  prescribed drug costs and the rate of inappropriate spending on
 6752  Medicaid behavioral drugs. The program may include the following
 6753  elements:
 6754         (I) Provide for the development and adoption of best
 6755  practice guidelines for behavioral health-related drugs such as
 6756  antipsychotics, antidepressants, and medications for treating
 6757  bipolar disorders and other behavioral conditions; translate
 6758  them into practice; review behavioral health prescribers and
 6759  compare their prescribing patterns to a number of indicators
 6760  that are based on national standards; and determine deviations
 6761  from best practice guidelines.
 6762         (II) Implement processes for providing feedback to and
 6763  educating prescribers using best practice educational materials
 6764  and peer-to-peer consultation.
 6765         (III) Assess Medicaid beneficiaries who are outliers in
 6766  their use of behavioral health drugs with regard to the numbers
 6767  and types of drugs taken, drug dosages, combination drug
 6768  therapies, and other indicators of improper use of behavioral
 6769  health drugs.
 6770         (IV) Alert prescribers to patients who fail to refill
 6771  prescriptions in a timely fashion, are prescribed multiple same
 6772  class behavioral health drugs, and may have other potential
 6773  medication problems.
 6774         (V) Track spending trends for behavioral health drugs and
 6775  deviation from best practice guidelines.
 6776         (VI) Use educational and technological approaches to
 6777  promote best practices, educate consumers, and train prescribers
 6778  in the use of practice guidelines.
 6779         (VII) Disseminate electronic and published materials.
 6780         (VIII) Hold statewide and regional conferences.
 6781         (IX) Implement a disease management program with a model
 6782  quality-based medication component for severely mentally ill
 6783  individuals and emotionally disturbed children who are high
 6784  users of care.
 6785         11. The agency shall implement a Medicaid prescription drug
 6786  management system.
 6787         a. The agency may contract with a vendor that has
 6788  experience in operating prescription drug management systems in
 6789  order to implement this system. Any management system that is
 6790  implemented in accordance with this subparagraph must rely on
 6791  cooperation between physicians and pharmacists to determine
 6792  appropriate practice patterns and clinical guidelines to improve
 6793  the prescribing, dispensing, and use of drugs in the Medicaid
 6794  program. The agency may seek federal waivers to implement this
 6795  program.
 6796         b. The drug management system must be designed to improve
 6797  the quality of care and prescribing practices based on best
 6798  practice guidelines, improve patient adherence to medication
 6799  plans, reduce clinical risk, and lower prescribed drug costs and
 6800  the rate of inappropriate spending on Medicaid prescription
 6801  drugs. The program must:
 6802         (I) Provide for the adoption of best practice guidelines
 6803  for the prescribing and use of drugs in the Medicaid program,
 6804  including translating best practice guidelines into practice;
 6805  reviewing prescriber patterns and comparing them to indicators
 6806  that are based on national standards and practice patterns of
 6807  clinical peers in their community, statewide, and nationally;
 6808  and determine deviations from best practice guidelines.
 6809         (II) Implement processes for providing feedback to and
 6810  educating prescribers using best practice educational materials
 6811  and peer-to-peer consultation.
 6812         (III) Assess Medicaid recipients who are outliers in their
 6813  use of a single or multiple prescription drugs with regard to
 6814  the numbers and types of drugs taken, drug dosages, combination
 6815  drug therapies, and other indicators of improper use of
 6816  prescription drugs.
 6817         (IV) Alert prescribers to recipients who fail to refill
 6818  prescriptions in a timely fashion, are prescribed multiple drugs
 6819  that may be redundant or contraindicated, or may have other
 6820  potential medication problems.
 6821         12. The agency may contract for drug rebate administration,
 6822  including, but not limited to, calculating rebate amounts,
 6823  invoicing manufacturers, negotiating disputes with
 6824  manufacturers, and maintaining a database of rebate collections.
 6825         13. The agency may specify the preferred daily dosing form
 6826  or strength for the purpose of promoting best practices with
 6827  regard to the prescribing of certain drugs as specified in the
 6828  General Appropriations Act and ensuring cost-effective
 6829  prescribing practices.
 6830         14. The agency may require prior authorization for
 6831  Medicaid-covered prescribed drugs. The agency may prior
 6832  authorize the use of a product:
 6833         a. For an indication not approved in labeling;
 6834         b. To comply with certain clinical guidelines; or
 6835         c. If the product has the potential for overuse, misuse, or
 6836  abuse.
 6837  
 6838  The agency may require the prescribing professional to provide
 6839  information about the rationale and supporting medical evidence
 6840  for the use of a drug. The agency shall post prior
 6841  authorization, step-edit criteria and protocol, and updates to
 6842  the list of drugs that are subject to prior authorization on the
 6843  agency’s Internet website within 21 days after the prior
 6844  authorization and step-edit criteria and protocol and updates
 6845  are approved by the agency. For purposes of this subparagraph,
 6846  the term “step-edit” means an automatic electronic review of
 6847  certain medications subject to prior authorization.
 6848         15. The agency, in conjunction with the Pharmaceutical and
 6849  Therapeutics Committee, may require age-related prior
 6850  authorizations for certain prescribed drugs. The agency may
 6851  preauthorize the use of a drug for a recipient who may not meet
 6852  the age requirement or may exceed the length of therapy for use
 6853  of this product as recommended by the manufacturer and approved
 6854  by the Food and Drug Administration. Prior authorization may
 6855  require the prescribing professional to provide information
 6856  about the rationale and supporting medical evidence for the use
 6857  of a drug.
 6858         16. The agency shall implement a step-therapy prior
 6859  authorization approval process for medications excluded from the
 6860  preferred drug list. Medications listed on the preferred drug
 6861  list must be used within the previous 12 months before the
 6862  alternative medications that are not listed. The step-therapy
 6863  prior authorization may require the prescriber to use the
 6864  medications of a similar drug class or for a similar medical
 6865  indication unless contraindicated in the Food and Drug
 6866  Administration labeling. The trial period between the specified
 6867  steps may vary according to the medical indication. The step
 6868  therapy approval process shall be developed in accordance with
 6869  the committee as stated in s. 409.91195(7) and (8). A drug
 6870  product may be approved without meeting the step-therapy prior
 6871  authorization criteria if the prescribing physician provides the
 6872  agency with additional written medical or clinical documentation
 6873  that the product is medically necessary because:
 6874         a. There is not a drug on the preferred drug list to treat
 6875  the disease or medical condition which is an acceptable clinical
 6876  alternative;
 6877         b. The alternatives have been ineffective in the treatment
 6878  of the beneficiary’s disease; or
 6879         c. Based on historic evidence and known characteristics of
 6880  the patient and the drug, the drug is likely to be ineffective,
 6881  or the number of doses have been ineffective.
 6882  
 6883  The agency shall work with the physician to determine the best
 6884  alternative for the patient. The agency may adopt rules waiving
 6885  the requirements for written clinical documentation for specific
 6886  drugs in limited clinical situations.
 6887         17. The agency shall implement a return and reuse program
 6888  for drugs dispensed by pharmacies to institutional recipients,
 6889  which includes payment of a $5 restocking fee for the
 6890  implementation and operation of the program. The return and
 6891  reuse program shall be implemented electronically and in a
 6892  manner that promotes efficiency. The program must permit a
 6893  pharmacy to exclude drugs from the program if it is not
 6894  practical or cost-effective for the drug to be included and must
 6895  provide for the return to inventory of drugs that cannot be
 6896  credited or returned in a cost-effective manner. The agency
 6897  shall determine if the program has reduced the amount of
 6898  Medicaid prescription drugs which are destroyed on an annual
 6899  basis and if there are additional ways to ensure more
 6900  prescription drugs are not destroyed which could safely be
 6901  reused.
 6902         (51) The agency may not pay for psychotropic medication
 6903  prescribed for a child in the Medicaid program without the
 6904  express and informed consent of the child’s parent or legal
 6905  guardian. The physician shall document the consent in the
 6906  child’s medical record and provide the pharmacy with a signed
 6907  attestation of this documentation with the prescription. The
 6908  express and informed consent or court authorization for a
 6909  prescription of psychotropic medication for a child in the
 6910  custody of the Department of Children and Families Family
 6911  Services shall be obtained pursuant to s. 39.407.
 6912         Section 209. Paragraph (c) of subsection (2) and subsection
 6913  (21) of section 409.9122, Florida Statutes, are amended to read:
 6914         409.9122 Mandatory Medicaid managed care enrollment;
 6915  programs and procedures.—
 6916         (2)
 6917         (c) Medicaid recipients shall have a choice of managed care
 6918  plans or MediPass. The Agency for Health Care Administration,
 6919  the Department of Health, the Department of Children and
 6920  Families Family Services, and the Department of Elderly Affairs
 6921  shall cooperate to ensure that each Medicaid recipient receives
 6922  clear and easily understandable information that meets the
 6923  following requirements:
 6924         1. Explains the concept of managed care, including
 6925  MediPass.
 6926         2. Provides information on the comparative performance of
 6927  managed care plans and MediPass in the areas of quality,
 6928  credentialing, preventive health programs, network size and
 6929  availability, and patient satisfaction.
 6930         3. Explains where additional information on each managed
 6931  care plan and MediPass in the recipient’s area can be obtained.
 6932         4. Explains that recipients have the right to choose their
 6933  managed care coverage at the time they first enroll in Medicaid
 6934  and again at regular intervals set by the agency. However, if a
 6935  recipient does not choose a managed care plan or MediPass, the
 6936  agency will assign the recipient to a managed care plan or
 6937  MediPass according to the criteria specified in this section.
 6938         5. Explains the recipient’s right to complain, file a
 6939  grievance, or change managed care plans or MediPass providers if
 6940  the recipient is not satisfied with the managed care plan or
 6941  MediPass.
 6942  
 6943  This subsection expires October 1, 2014.
 6944         (21) Subject to federal approval, the agency shall contract
 6945  with a single provider service network to function as a third
 6946  party administrator and managing entity for the Medically Needy
 6947  program in all counties. The contractor shall provide care
 6948  coordination and utilization management in order to achieve more
 6949  cost-effective services for Medically Needy enrollees. To
 6950  facilitate the care management functions of the provider service
 6951  network, enrollment in the network shall be for a continuous 6
 6952  month period or until the end of the contract between the
 6953  provider service network and the agency, whichever is sooner.
 6954  Beginning the second month after the determination of
 6955  eligibility, the contractor may collect a monthly premium from
 6956  each Medically Needy recipient provided the premium does not
 6957  exceed the enrollee’s share of cost as determined by the
 6958  Department of Children and Families Family Services. The
 6959  contractor must provide a 90-day grace period before
 6960  disenrolling a Medically Needy recipient for failure to pay
 6961  premiums. The contractor may earn an administrative fee, if the
 6962  fee is less than any savings determined by the reconciliation
 6963  process pursuant to s. 409.912(4)(d)1. Premium revenue collected
 6964  from the recipients shall be deducted from the contractor’s
 6965  earned savings. This subsection expires October 1, 2014, or upon
 6966  full implementation of the managed medical assistance program,
 6967  whichever is sooner.
 6968         Section 210. Subsection (36) of section 409.913, Florida
 6969  Statutes, is amended to read:
 6970         409.913 Oversight of the integrity of the Medicaid
 6971  program.—The agency shall operate a program to oversee the
 6972  activities of Florida Medicaid recipients, and providers and
 6973  their representatives, to ensure that fraudulent and abusive
 6974  behavior and neglect of recipients occur to the minimum extent
 6975  possible, and to recover overpayments and impose sanctions as
 6976  appropriate. Beginning January 1, 2003, and each year
 6977  thereafter, the agency and the Medicaid Fraud Control Unit of
 6978  the Department of Legal Affairs shall submit a joint report to
 6979  the Legislature documenting the effectiveness of the state’s
 6980  efforts to control Medicaid fraud and abuse and to recover
 6981  Medicaid overpayments during the previous fiscal year. The
 6982  report must describe the number of cases opened and investigated
 6983  each year; the sources of the cases opened; the disposition of
 6984  the cases closed each year; the amount of overpayments alleged
 6985  in preliminary and final audit letters; the number and amount of
 6986  fines or penalties imposed; any reductions in overpayment
 6987  amounts negotiated in settlement agreements or by other means;
 6988  the amount of final agency determinations of overpayments; the
 6989  amount deducted from federal claiming as a result of
 6990  overpayments; the amount of overpayments recovered each year;
 6991  the amount of cost of investigation recovered each year; the
 6992  average length of time to collect from the time the case was
 6993  opened until the overpayment is paid in full; the amount
 6994  determined as uncollectible and the portion of the uncollectible
 6995  amount subsequently reclaimed from the Federal Government; the
 6996  number of providers, by type, that are terminated from
 6997  participation in the Medicaid program as a result of fraud and
 6998  abuse; and all costs associated with discovering and prosecuting
 6999  cases of Medicaid overpayments and making recoveries in such
 7000  cases. The report must also document actions taken to prevent
 7001  overpayments and the number of providers prevented from
 7002  enrolling in or reenrolling in the Medicaid program as a result
 7003  of documented Medicaid fraud and abuse and must include policy
 7004  recommendations necessary to prevent or recover overpayments and
 7005  changes necessary to prevent and detect Medicaid fraud. All
 7006  policy recommendations in the report must include a detailed
 7007  fiscal analysis, including, but not limited to, implementation
 7008  costs, estimated savings to the Medicaid program, and the return
 7009  on investment. The agency must submit the policy recommendations
 7010  and fiscal analyses in the report to the appropriate estimating
 7011  conference, pursuant to s. 216.137, by February 15 of each year.
 7012  The agency and the Medicaid Fraud Control Unit of the Department
 7013  of Legal Affairs each must include detailed unit-specific
 7014  performance standards, benchmarks, and metrics in the report,
 7015  including projected cost savings to the state Medicaid program
 7016  during the following fiscal year.
 7017         (36) At least three times a year, the agency shall provide
 7018  to each Medicaid recipient or his or her representative an
 7019  explanation of benefits in the form of a letter that is mailed
 7020  to the most recent address of the recipient on the record with
 7021  the Department of Children and Families Family Services. The
 7022  explanation of benefits must include the patient’s name, the
 7023  name of the health care provider and the address of the location
 7024  where the service was provided, a description of all services
 7025  billed to Medicaid in terminology that should be understood by a
 7026  reasonable person, and information on how to report
 7027  inappropriate or incorrect billing to the agency or other law
 7028  enforcement entities for review or investigation. At least once
 7029  a year, the letter also must include information on how to
 7030  report criminal Medicaid fraud, the Medicaid Fraud Control
 7031  Unit’s toll-free hotline number, and information about the
 7032  rewards available under s. 409.9203. The explanation of benefits
 7033  may not be mailed for Medicaid independent laboratory services
 7034  as described in s. 409.905(7) or for Medicaid certified match
 7035  services as described in ss. 409.9071 and 1011.70.
 7036         Section 211. Section 409.919, Florida Statutes, is amended
 7037  to read:
 7038         409.919 Rules.—The agency shall adopt any rules necessary
 7039  to comply with or administer ss. 409.901-409.920 and all rules
 7040  necessary to comply with federal requirements. In addition, the
 7041  Department of Children and Families Family Services shall adopt
 7042  and accept transfer of any rules necessary to carry out its
 7043  responsibilities for receiving and processing Medicaid
 7044  applications and determining Medicaid eligibility, and for
 7045  assuring compliance with and administering ss. 409.901-409.906,
 7046  as they relate to these responsibilities, and any other
 7047  provisions related to responsibility for the determination of
 7048  Medicaid eligibility.
 7049         Section 212. Subsection (5) of section 409.962, Florida
 7050  Statutes, is amended to read:
 7051         409.962 Definitions.—As used in this part, except as
 7052  otherwise specifically provided, the term:
 7053         (5) “Department” means the Department of Children and
 7054  Families Family Services.
 7055         Section 213. Subsection (1) of section 410.032, Florida
 7056  Statutes, is amended to read:
 7057         410.032 Definitions; ss. 410.031-410.036.—As used in ss.
 7058  410.031-410.036:
 7059         (1) “Department” means the Department of Children and
 7060  Families Family Services.
 7061         Section 214. Section 410.602, Florida Statutes, is amended
 7062  to read:
 7063         410.602 Legislative intent.—The purpose of ss. 410.601
 7064  410.606 is to assist disabled adults to live dignified and
 7065  reasonably independent lives in their own homes or in the homes
 7066  of relatives or friends. The Legislature intends through ss.
 7067  410.601-410.606 to provide for the development, expansion, and
 7068  coordination of community-based services for disabled adults,
 7069  but not to supplant existing programs. The Legislature further
 7070  intends to establish a continuum of services so that disabled
 7071  adults may be assured the least restrictive environment suitable
 7072  to their needs. In addition, the Legislature intends that the
 7073  Department of Children and Families Family Services encourage
 7074  innovative and efficient approaches to program management, staff
 7075  training, and service delivery.
 7076         Section 215. Subsection (1) of section 410.603, Florida
 7077  Statutes, is amended to read:
 7078         410.603 Definitions relating to Community Care for Disabled
 7079  Adults Act.—As used in ss. 410.601-410.606:
 7080         (1) “Department” means the Department of Children and
 7081  Families Family Services.
 7082         Section 216. Section 411.223, Florida Statutes, is amended
 7083  to read:
 7084         411.223 Uniform standards.—
 7085         (1) The Department of Children and Families Family
 7086  Services, in consultation with the Department of Education,
 7087  shall establish a minimum set of procedures for each preschool
 7088  child who receives preventive health care with state funds.
 7089  Preventive health care services shall meet the minimum standards
 7090  established by federal law for the Early Periodic Screening,
 7091  Diagnosis, and Treatment Program and shall provide guidance on
 7092  screening instruments which are appropriate for identifying
 7093  health risks and handicapping conditions in preschool children.
 7094         (2) Duplicative diagnostic and planning practices shall be
 7095  eliminated to the extent possible. Diagnostic and other
 7096  information necessary to provide quality services to high-risk
 7097  or handicapped children shall be shared among the program
 7098  offices of the Department of Children and Families Family
 7099  Services, pursuant to the provisions of s. 1002.22.
 7100         Section 217. Section 411.224, Florida Statutes, is amended
 7101  to read:
 7102         411.224 Family support planning process.—The Legislature
 7103  establishes a family support planning process to be used by the
 7104  Department of Children and Families Family Services as the
 7105  service planning process for targeted individuals, children, and
 7106  families under its purview.
 7107         (1) The Department of Education shall take all appropriate
 7108  and necessary steps to encourage and facilitate the
 7109  implementation of the family support planning process for
 7110  individuals, children, and families within its purview.
 7111         (2) To the extent possible within existing resources, the
 7112  following populations must be included in the family support
 7113  planning process:
 7114         (a) Children from birth to age 5 who are served by the
 7115  clinic and programs of the Division of Children’s Medical
 7116  Services of the Department of Health.
 7117         (b) Children participating in the developmental evaluation
 7118  and intervention program of the Division of Children’s Medical
 7119  Services of the Department of Health.
 7120         (c) Children from age 3 through age 5 who are served by the
 7121  Agency for Persons with Disabilities.
 7122         (d) Children from birth through age 5 who are served by the
 7123  Mental Health Program Office of the Department of Children and
 7124  Families Family Services.
 7125         (e) Healthy Start participants in need of ongoing service
 7126  coordination.
 7127         (f) Children from birth through age 5 who are served by the
 7128  voluntary family services, protective supervision, foster care,
 7129  or adoption and related services programs of the Child Care
 7130  Services Program Office of the Department of Children and
 7131  Families Family Services, and who are eligible for ongoing
 7132  services from one or more other programs or agencies that
 7133  participate in family support planning; however, children served
 7134  by the voluntary family services program, where the planned
 7135  length of intervention is 30 days or less, are excluded from
 7136  this population.
 7137         (3) When individuals included in the target population are
 7138  served by Head Start, local education agencies, or other
 7139  prevention and early intervention programs, providers must be
 7140  notified and efforts made to facilitate the concerned agency’s
 7141  participation in family support planning.
 7142         (4) Local education agencies are encouraged to use a family
 7143  support planning process for children from birth through 5 years
 7144  of age who are served by the prekindergarten program for
 7145  children with disabilities, in lieu of the Individual Education
 7146  Plan.
 7147         (5) There must be only a single-family support plan to
 7148  address the problems of the various family members unless the
 7149  family requests that an individual family support plan be
 7150  developed for different members of that family. The family
 7151  support plan must replace individual habilitation plans for
 7152  children from 3 through 5 years old who are served by the Agency
 7153  for Persons with Disabilities.
 7154         (6) The family support plan at a minimum must include the
 7155  following information:
 7156         (a) The family’s statement of family concerns, priorities,
 7157  and resources.
 7158         (b) Information related to the health, educational,
 7159  economic and social needs, and overall development of the
 7160  individual and the family.
 7161         (c) The outcomes that the plan is intended to achieve.
 7162         (d) Identification of the resources and services to achieve
 7163  each outcome projected in the plan. These resources and services
 7164  are to be provided based on availability and funding.
 7165         (7) A family support plan meeting must be held with the
 7166  family to initially develop the family support plan and annually
 7167  thereafter to update the plan as necessary. The family includes
 7168  anyone who has an integral role in the life of the individual or
 7169  child as identified by the individual or family. The family
 7170  support plan must be reviewed periodically during the year, at
 7171  least at 6-month intervals, to modify and update the plan as
 7172  needed. Such periodic reviews do not require a family support
 7173  plan team meeting but may be accomplished through other means
 7174  such as a case file review and telephone conference with the
 7175  family.
 7176         (8) The initial family support plan must be developed
 7177  within a 90-day period. If exceptional circumstances make it
 7178  impossible to complete the evaluation activities and to hold the
 7179  initial family support plan team meeting within a reasonable
 7180  time period, these circumstances must be documented, and the
 7181  individual or family must be notified of the reason for the
 7182  delay. With the agreement of the family and the provider,
 7183  services for which either the individual or the family is
 7184  eligible may be initiated before the completion of the
 7185  evaluation activities and the family support plan.
 7186         (9) The Department of Children and Families Family
 7187  Services, the Department of Health, and the Department of
 7188  Education, to the extent that funds are available, must offer
 7189  technical assistance to communities to facilitate the
 7190  implementation of the family support plan.
 7191         Section 218. Paragraph (e) of subsection (2) and paragraph
 7192  (e) of subsection (3) of section 411.226, Florida Statutes, are
 7193  amended to read:
 7194         411.226 Learning Gateway.—
 7195         (2) LEARNING GATEWAY STEERING COMMITTEE.—
 7196         (e) To support and facilitate system improvements, the
 7197  steering committee must consult with representatives from the
 7198  Department of Education, the Department of Health, the Office of
 7199  Early Learning, the Department of Children and Families Family
 7200  Services, the Agency for Health Care Administration, the
 7201  Department of Juvenile Justice, and the Department of
 7202  Corrections and with the director of the Learning Development
 7203  and Evaluation Center of Florida Agricultural and Mechanical
 7204  University.
 7205         (3) LEARNING GATEWAY DEMONSTRATION PROJECTS.—
 7206         (e) The demonstration projects shall recommend to the
 7207  steering committee the linking or combining of some or all of
 7208  the local planning bodies, including school readiness
 7209  coalitions, Healthy Start coalitions, Part C advisory councils,
 7210  Department of Children and Families Family Services community
 7211  alliances, and other boards or councils that have a primary
 7212  focus on services for children from birth to age 9, to the
 7213  extent allowed by federal regulations, if such changes would
 7214  improve coordination and reduce unnecessary duplication of
 7215  effort.
 7216         Section 219. Paragraph (g) of subsection (2) and paragraph
 7217  (c) of subsection (3) of section 411.227, Florida Statutes, are
 7218  amended to read:
 7219         411.227 Components of the Learning Gateway.—The Learning
 7220  Gateway system consists of the following components:
 7221         (2) SCREENING AND DEVELOPMENTAL MONITORING.—
 7222         (g) In conjunction with the technical assistance of the
 7223  steering committee, demonstration projects shall develop a
 7224  system for targeted screening. The projects should conduct a
 7225  needs assessment of existing services and programs where
 7226  targeted screening programs should be offered. Based on the
 7227  results of the needs assessment, the project shall develop
 7228  procedures within the demonstration community whereby periodic
 7229  developmental screening could be offered to parents of children
 7230  from birth through age 9 who are served by state intervention
 7231  programs or whose parents or caregivers are in state
 7232  intervention programs. Intervention programs for children,
 7233  parents, and caregivers include those administered or funded by
 7234  the:
 7235         1. Agency for Health Care Administration;
 7236         2. Department of Children and Families Family Services;
 7237         3. Department of Corrections and other criminal justice
 7238  programs;
 7239         4. Department of Education;
 7240         5. Department of Health; and
 7241         6. Department of Juvenile Justice.
 7242         (3) EARLY EDUCATION, SERVICES AND SUPPORTS.—
 7243         (c) The steering committee, in cooperation with the
 7244  Department of Children and Families Family Services, the
 7245  Department of Education, and the Office of Early Learning, shall
 7246  identify the elements of an effective research-based curriculum
 7247  for early care and education programs.
 7248         Section 220. Paragraph (a) of subsection (1) and subsection
 7249  (3) of section 413.031, Florida Statutes, are amended to read:
 7250         413.031 Products, purchase by state agencies and
 7251  institutions.—
 7252         (1) DEFINITIONS.—When used in this section:
 7253         (a) “Accredited nonprofit workshop” means a Florida
 7254  workshop which has been certified by either the Division of
 7255  Blind Services, for workshops concerned with blind persons, or
 7256  the Department of Children and Families Family Services, when
 7257  other handicapped persons are concerned, and such “workshop”
 7258  means a place where any article is manufactured or handwork is
 7259  carried on and which is operated for the primary purpose of
 7260  providing employment to severely handicapped individuals,
 7261  including the blind, who cannot be readily absorbed in the
 7262  competitive labor market.
 7263         (3) When convenience or emergency requires it, the
 7264  Department of Children and Families Family Services may upon
 7265  request of the purchasing officer of any institution or agency
 7266  relieve her or him from the obligation of this section.
 7267         Section 221. Paragraph (d) of subsection (2) of section
 7268  413.208, Florida Statutes, is amended to read:
 7269         413.208 Service providers; quality assurance; fitness for
 7270  responsibilities; background screening.—
 7271         (2)
 7272         (d)1. Every 5 years following the initial screening, each
 7273  person subject to background screening under this section must
 7274  submit to level 2 background rescreening as a condition of the
 7275  service provider retaining such registration.
 7276         2. Until the person’s background screening results are
 7277  retained in the clearinghouse created under s. 435.12, the
 7278  division may accept as satisfying the requirements of this
 7279  section proof of compliance with level 2 screening standards
 7280  submitted within the previous 5 years to meet any provider or
 7281  professional licensure requirements of the Agency for Health
 7282  Care Administration, the Department of Health, the Department of
 7283  Elderly Affairs, the Agency for Persons with Disabilities, or
 7284  the Department of Children and Families Family Services,
 7285  provided:
 7286         a. The screening standards and disqualifying offenses for
 7287  the prior screening are equivalent to those specified in s.
 7288  435.04 and this section;
 7289         b. The person subject to screening has not had a break in
 7290  service from a position that requires level 2 screening for more
 7291  than 90 days; and
 7292         c. Such proof is accompanied, under penalty of perjury, by
 7293  an affidavit of compliance with the provisions of chapter 435
 7294  and this section.
 7295         Section 222. Paragraph (b) of subsection (2) of section
 7296  413.271, Florida Statutes, is amended to read:
 7297         413.271 Florida Coordinating Council for the Deaf and Hard
 7298  of Hearing.—
 7299         (2)
 7300         (b) The coordinating council shall be composed of 17
 7301  members. The appointment of members not representing agencies
 7302  shall be made by the Governor. The appointment of members
 7303  representing organizations shall be made by the Governor in
 7304  consultation with those organizations. The membership shall be
 7305  as follows:
 7306         1. Two members representing the Florida Association of the
 7307  Deaf.
 7308         2. Two members representing the Florida Association of Self
 7309  Help for Hard of Hearing People.
 7310         3. A member representing the Association of Late-Deafened
 7311  Adults.
 7312         4. An individual who is deaf and blind.
 7313         5. A parent of an individual who is deaf.
 7314         6. A member representing the Deaf Service Center
 7315  Association.
 7316         7. A member representing the Florida Registry of
 7317  Interpreters for the Deaf.
 7318         8. A member representing the Florida Alexander Graham Bell
 7319  Association for the Deaf and Hard of Hearing.
 7320         9. A communication access realtime translator.
 7321         10. An audiologist licensed under part I of chapter 468.
 7322         11. A hearing aid specialist licensed under part II of
 7323  chapter 484.
 7324         12. The Secretary of Children and Families Family Services
 7325  or his or her designee.
 7326         13. The State Surgeon General or his or her designee.
 7327         14. The Commissioner of Education or his or her designee.
 7328         15. The Secretary of Elderly Affairs or his or her
 7329  designee.
 7330  
 7331  If any organization from which a representative is to be drawn
 7332  ceases to exist, a representative of a similar organization
 7333  shall be named to the coordinating council. The Governor shall
 7334  make appointments to the coordinating council no later than
 7335  August 1, 2004, and may remove any member for cause. Each member
 7336  shall be appointed to a term of 4 years. However, for the
 7337  purpose of providing staggered terms, of the initial
 7338  appointments not representing state agencies, seven members,
 7339  including the audiologist and the hearing aid specialist, shall
 7340  be appointed to 2-year terms and six members shall be appointed
 7341  to 4-year terms. Any vacancy on the coordinating council shall
 7342  be filled in the same manner as the original appointment, and
 7343  any member appointed to fill a vacancy occurring because of
 7344  death, resignation, or ineligibility for membership shall serve
 7345  only for the unexpired term of the member’s predecessor. Prior
 7346  to serving on the coordinating council, all appointees must
 7347  attend orientation training that shall address, at a minimum,
 7348  the provisions of this section; the programs operated by the
 7349  coordinating council; the role and functions of the coordinating
 7350  council; the current budget for the coordinating council; the
 7351  results of the most recent formal audit of the coordinating
 7352  council; and the requirements of the state’s public records law,
 7353  the code of ethics, the Administrative Procedure Act, and other
 7354  laws relating to public officials, including conflict-of
 7355  interest laws.
 7356         Section 223. Paragraph (b) of subsection (2) of section
 7357  413.402, Florida Statutes, is amended to read:
 7358         413.402 Personal care attendant program.—The Florida
 7359  Endowment Foundation for Vocational Rehabilitation shall enter
 7360  into an agreement, no later than October 1, 2008, with the
 7361  Florida Association of Centers for Independent Living to
 7362  administer the James Patrick Memorial Work Incentive Personal
 7363  Attendant Services Program to provide personal care attendants
 7364  to persons who have severe and chronic disabilities of all kinds
 7365  and who are eligible under subsection (1). Effective July 1,
 7366  2008, the Florida Association of Centers for Independent Living
 7367  shall receive 12 percent of the funds paid to or on behalf of
 7368  participants from funds to be deposited with the Florida
 7369  Endowment Foundation for Vocational Rehabilitation pursuant to
 7370  ss. 320.08068(4)(d) and 413.4021(1) to administer the program.
 7371  For the purpose of ensuring continuity of services, a memorandum
 7372  of understanding shall be executed between the parties to cover
 7373  the period between July 1, 2008, and the execution of the final
 7374  agreement.
 7375         (2)
 7376         (b) The oversight group shall include, but need not be
 7377  limited to, a member of the Florida Association of Centers for
 7378  Independent Living, a person who is participating in the
 7379  program, and one representative each from the Department of
 7380  Revenue, the Department of Children and Families Family
 7381  Services, the Division of Vocational Rehabilitation in the
 7382  Department of Education, the Medicaid program in the Agency for
 7383  Health Care Administration, the Florida Endowment Foundation for
 7384  Vocational Rehabilitation, and the Brain and Spinal Cord Injury
 7385  Program in the Department of Health.
 7386         Section 224. Subsection (3) of section 414.0252, Florida
 7387  Statutes, is amended to read:
 7388         414.0252 Definitions.—As used in ss. 414.025-414.55, the
 7389  term:
 7390         (3) “Department” means the Department of Children and
 7391  Families Family Services.
 7392         Section 225. Subsection (1) of section 414.175, Florida
 7393  Statutes, is amended to read:
 7394         414.175 Review of existing waivers.—
 7395         (1) The Department of Children and Families Family Services
 7396  shall review existing waivers granted to the department by the
 7397  Federal Government and determine if such waivers continue to be
 7398  necessary based on the flexibility granted to states by federal
 7399  law. If it is determined that termination of the waivers would
 7400  reduce or eliminate potential federal cost neutrality liability,
 7401  the department may take action in accordance with federal
 7402  requirements. In taking such action, the department may continue
 7403  research initiated in conjunction with such waivers if the
 7404  department determines that continuation will provide program
 7405  findings that will be useful in assessing future welfare reform
 7406  alternatives.
 7407         Section 226. Subsection (1) of section 414.27, Florida
 7408  Statutes, is amended to read:
 7409         414.27 Temporary cash assistance; payment on death.—
 7410         (1) Upon the death of any person receiving temporary cash
 7411  assistance through the Department of Children and Families
 7412  Family Services, all temporary cash accrued to such person from
 7413  the date of last payment to the date of death shall be paid to
 7414  the person who shall have been designated by her or him on a
 7415  form prescribed by the department and filed with the department
 7416  during the lifetime of the person making such designation. If no
 7417  designation is made, or the person so designated is no longer
 7418  living or cannot be found, then payment shall be made to such
 7419  person as may be designated by the circuit judge of the county
 7420  where the recipient of temporary cash assistance resided.
 7421  Designation by the circuit judge may be made on a form provided
 7422  by the department or by letter or memorandum to the Chief
 7423  Financial Officer. No filing or recording of the designation
 7424  shall be required, and the circuit judge shall receive no
 7425  compensation for such service. If a warrant has not been issued
 7426  and forwarded prior to notice by the department of the
 7427  recipient’s death, upon notice thereof, the department shall
 7428  promptly requisition the Chief Financial Officer to issue a
 7429  warrant in the amount of the accrued temporary cash assistance
 7430  payable to the person designated to receive it and shall attach
 7431  to the requisition the original designation of the deceased
 7432  recipient, or if none, the designation made by the circuit
 7433  judge, as well as a notice of death. The Chief Financial Officer
 7434  shall issue a warrant in the amount payable.
 7435         Section 227. Paragraph (a) of subsection (1) of section
 7436  414.32, Florida Statutes, is amended to read:
 7437         414.32 Prohibitions and restrictions with respect to food
 7438  assistance program.—
 7439         (1) COOPERATION WITH CHILD SUPPORT ENFORCEMENT AGENCY.—
 7440         (a) A parent or caretaker relative who receives temporary
 7441  cash assistance or food assistance on behalf of a child under 18
 7442  years of age who has an absent parent is ineligible for food
 7443  assistance unless the parent or caretaker relative cooperates
 7444  with the state agency that administers the child support
 7445  enforcement program in establishing the paternity of the child,
 7446  if the child is born out of wedlock, and in obtaining support
 7447  for the child or for the parent or caretaker relative and the
 7448  child. This paragraph does not apply if the state agency that
 7449  administers the food assistance program determines that the
 7450  parent or caretaker relative has good cause for failing to
 7451  cooperate. The Department of Revenue shall determine good cause
 7452  for failure to cooperate if the Department of Children and
 7453  Families Family Services obtains written authorization from the
 7454  United States Department of Agriculture approving such
 7455  arrangements.
 7456         Section 228. Section 414.37, Florida Statutes, is amended
 7457  to read:
 7458         414.37 Public assistance overpayment recovery
 7459  privatization; reemployment of laid-off career service
 7460  employees.—Should career service employees of the Department of
 7461  Children and Families Family Services be subject to layoff after
 7462  July 1, 1995, due to the privatization of public assistance
 7463  overpayment recovery functions, the privatization contract shall
 7464  require the contracting firm to give priority consideration to
 7465  employment of such employees. In addition, a task force composed
 7466  of representatives from the Department of Children and Families
 7467  Family Services and the Department of Management Services shall
 7468  be established to provide reemployment assistance to such
 7469  employees.
 7470         Section 229. Subsection (6) of section 414.39, Florida
 7471  Statutes, is amended to read:
 7472         414.39 Fraud.—
 7473         (6) Any person providing service for which compensation is
 7474  paid under any state or federally funded public assistance
 7475  program who solicits, requests, or receives, either actually or
 7476  constructively, any payment or contribution through a payment,
 7477  assessment, gift, devise, bequest or other means, whether
 7478  directly or indirectly, from a recipient of public assistance
 7479  from such public assistance program, or from the family of such
 7480  a recipient, shall notify the Department of Children and
 7481  Families Family Services, on a form provided by the department,
 7482  of the amount of such payment or contribution and of such other
 7483  information as specified by the department, within 10 days after
 7484  the receipt of such payment or contribution or, if said payment
 7485  or contribution is to become effective at some time in the
 7486  future, within 10 days of the consummation of the agreement to
 7487  make such payment or contribution. Failure to notify the
 7488  department within the time prescribed is a misdemeanor of the
 7489  first degree, punishable as provided in s. 775.082 or s.
 7490  775.083.
 7491         Section 230. Subsection (1) of section 414.391, Florida
 7492  Statutes, is amended to read:
 7493         414.391 Automated fingerprint imaging.—
 7494         (1) The Department of Children and Families Family Services
 7495  shall develop and implement, as part of the electronic benefits
 7496  transfer program, a statewide program to prevent public
 7497  assistance fraud by using a type of automated fingerprint
 7498  imaging of adult and teen parent applicants for, and adult and
 7499  teen parent recipients of, public assistance under this chapter.
 7500         Section 231. Paragraph (d) of subsection (2) of section
 7501  414.40, Florida Statutes, is amended to read:
 7502         414.40 Stop Inmate Fraud Program established; guidelines.—
 7503         (2) The Department of Financial Services is directed to
 7504  implement the Stop Inmate Fraud Program in accordance with the
 7505  following guidelines:
 7506         (d) Data obtained from correctional institutions or other
 7507  detention facilities shall be compared with the client files of
 7508  the Department of Children and Families Family Services, the
 7509  Department of Economic Opportunity, and other state or local
 7510  agencies as needed to identify persons wrongfully obtaining
 7511  benefits. Data comparisons shall be accomplished during periods
 7512  of low information demand by agency personnel to minimize
 7513  inconvenience to the agency.
 7514         Section 232. Subsections (1), (3), and (4) of section
 7515  414.411, Florida Statutes, are amended to read:
 7516         414.411 Public assistance fraud.—
 7517         (1) The Department of Financial Services shall investigate
 7518  all public assistance provided to residents of the state or
 7519  provided to others by the state. In the course of such
 7520  investigation the department shall examine all records,
 7521  including electronic benefits transfer records and make inquiry
 7522  of all persons who may have knowledge as to any irregularity
 7523  incidental to the disbursement of public moneys, food
 7524  assistance, or other items or benefits authorizations to
 7525  recipients. All public assistance recipients, as a condition
 7526  precedent to qualification for public assistance under chapter
 7527  409, chapter 411, or this chapter, must first give in writing,
 7528  to the Agency for Health Care Administration, the Department of
 7529  Health, the Department of Economic Opportunity, and the
 7530  Department of Children and Families Family Services, as
 7531  appropriate, and to the Department of Financial Services,
 7532  consent to make inquiry of past or present employers and
 7533  records, financial or otherwise.
 7534         (3) The results of such investigation shall be reported by
 7535  the Department of Financial Services to the appropriate
 7536  legislative committees, the Agency for Health Care
 7537  Administration, the Department of Health, the Department of
 7538  Economic Opportunity, and the Department of Children and
 7539  Families Family Services, and to such others as the department
 7540  may determine.
 7541         (4) The Department of Health and the Department of Children
 7542  and Families Family Services shall report to the Department of
 7543  Financial Services the final disposition of all cases wherein
 7544  action has been taken pursuant to s. 414.39, based upon
 7545  information furnished by the Department of Financial Services.
 7546         Section 233. Section 414.42, Florida Statutes, is amended
 7547  to read:
 7548         414.42 Cause for employee dismissal.—It is cause for
 7549  dismissal of an employee of the Department of Children and
 7550  Families Family Services if the employee knowingly and willfully
 7551  allows an ineligible person to obtain public assistance.
 7552         Section 234. Subsection (7) of section 415.102, Florida
 7553  Statutes, is amended to read:
 7554         415.102 Definitions of terms used in ss. 415.101-415.113.
 7555  As used in ss. 415.101-415.113, the term:
 7556         (7) “Department” means the Department of Children and
 7557  Families Family Services.
 7558         Section 235. Subsection (2) of section 415.107, Florida
 7559  Statutes, is amended to read:
 7560         415.107 Confidentiality of reports and records.—
 7561         (2) Upon the request of the committee chairperson, access
 7562  to all records shall be granted to staff of the legislative
 7563  committees with jurisdiction over issues and services related to
 7564  vulnerable adults, or over the department. All confidentiality
 7565  provisions that apply to the Department of Children and Families
 7566  Family Services continue to apply to the records made available
 7567  to legislative staff under this subsection.
 7568         Section 236. Subsections (1) and (2) of section 415.1071,
 7569  Florida Statutes, are amended to read:
 7570         415.1071 Release of confidential information.—
 7571         (1) Any person or organization, including the Department of
 7572  Children and Families Family Services, may petition the court
 7573  for an order making public the records of the Department of
 7574  Children and Families Family Services which pertain to
 7575  investigations of alleged abuse, neglect, or exploitation of a
 7576  vulnerable adult. The court shall determine whether good cause
 7577  exists for public access to the records sought or a portion
 7578  thereof. In making this determination, the court shall balance
 7579  the best interests of the vulnerable adult who is the focus of
 7580  the investigation together with the privacy right of other
 7581  persons identified in the reports against the public interest.
 7582  The public interest in access to such records is reflected in s.
 7583  119.01(1), and includes the need for citizens to know of and
 7584  adequately evaluate the actions of the Department of Children
 7585  and Families Family Services and the court system in providing
 7586  vulnerable adults of this state with the protections enumerated
 7587  in s. 415.101. However, this subsection does not contravene s.
 7588  415.107, which protects the name of any person reporting the
 7589  abuse, neglect, or exploitation of a vulnerable adult.
 7590         (2) In cases involving serious bodily injury to a
 7591  vulnerable adult, the Department of Children and Families Family
 7592  Services may petition the court for an order for the immediate
 7593  public release of records of the department which pertain to the
 7594  protective investigation. The petition must be personally served
 7595  upon the vulnerable adult, the vulnerable adult’s legal
 7596  guardian, if any, and any person named as an alleged perpetrator
 7597  in the report of abuse, neglect, or exploitation. The court must
 7598  determine whether good cause exists for the public release of
 7599  the records sought no later than 24 hours, excluding Saturdays,
 7600  Sundays, and legal holidays, after the date the department filed
 7601  the petition with the court. If the court does not grant or deny
 7602  the petition within the 24-hour time period, the department may
 7603  release to the public summary information including:
 7604         (a) A confirmation that an investigation has been conducted
 7605  concerning the alleged victim.
 7606         (b) The dates and brief description of procedural
 7607  activities undertaken during the department’s investigation.
 7608         (c) The date of each judicial proceeding, a summary of each
 7609  participant’s recommendations made at the judicial proceeding,
 7610  and the ruling of the court.
 7611  
 7612  The summary information shall not include the name of, or other
 7613  identifying information with respect to, any person identified
 7614  in any investigation. In making a determination to release
 7615  confidential information, the court shall balance the best
 7616  interests of the vulnerable adult who is the focus of the
 7617  investigation together with the privacy rights of other persons
 7618  identified in the reports against the public interest for access
 7619  to public records. However, this subsection does not contravene
 7620  s. 415.107, which protects the name of any person reporting
 7621  abuse, neglect, or exploitation of a vulnerable adult.
 7622         Section 237. Paragraphs (a) and (b) of subsection (1) of
 7623  section 419.001, Florida Statutes, are amended to read:
 7624         419.001 Site selection of community residential homes.—
 7625         (1) For the purposes of this section, the term:
 7626         (a) “Community residential home” means a dwelling unit
 7627  licensed to serve residents who are clients of the Department of
 7628  Elderly Affairs, the Agency for Persons with Disabilities, the
 7629  Department of Juvenile Justice, or the Department of Children
 7630  and Families Family Services or licensed by the Agency for
 7631  Health Care Administration which provides a living environment
 7632  for 7 to 14 unrelated residents who operate as the functional
 7633  equivalent of a family, including such supervision and care by
 7634  supportive staff as may be necessary to meet the physical,
 7635  emotional, and social needs of the residents.
 7636         (b) “Licensing entity” or “licensing entities” means the
 7637  Department of Elderly Affairs, the Agency for Persons with
 7638  Disabilities, the Department of Juvenile Justice, the Department
 7639  of Children and Families Family Services, or the Agency for
 7640  Health Care Administration, all of which are authorized to
 7641  license a community residential home to serve residents.
 7642         Section 238. Subsection (3) of section 420.621, Florida
 7643  Statutes, is amended to read:
 7644         420.621 Definitions.—As used in ss. 420.621-420.628, the
 7645  term:
 7646         (3) “Department” means the Department of Children and
 7647  Families Family Services.
 7648         Section 239. Subsections (2), (8), and (9) of section
 7649  420.622, Florida Statutes, are amended to read:
 7650         420.622 State Office on Homelessness; Council on
 7651  Homelessness.—
 7652         (2) The Council on Homelessness is created to consist of a
 7653  17-member council of public and private agency representatives
 7654  who shall develop policy and advise the State Office on
 7655  Homelessness. The council members shall be: the Secretary of
 7656  Children and Families Family Services, or his or her designee;
 7657  the executive director of the Department of Economic
 7658  Opportunity, or his or her designee, to advise the council on
 7659  issues related to rural development; the State Surgeon General,
 7660  or his or her designee; the Executive Director of Veterans’
 7661  Affairs, or his or her designee; the Secretary of Corrections,
 7662  or his or her designee; the Secretary of Health Care
 7663  Administration, or his or her designee; the Commissioner of
 7664  Education, or his or her designee; the Director of Workforce
 7665  Florida, Inc., or his or her designee; one representative of the
 7666  Florida Association of Counties; one representative from the
 7667  Florida League of Cities; one representative of the Florida
 7668  Supportive Housing Coalition; the Executive Director of the
 7669  Florida Housing Finance Corporation, or his or her designee; one
 7670  representative of the Florida Coalition for the Homeless; and
 7671  four members appointed by the Governor. The council members
 7672  shall be volunteer, nonpaid persons and shall be reimbursed for
 7673  travel expenses only. The appointed members of the council shall
 7674  be appointed to staggered 2-year terms, and the council shall
 7675  meet at least four times per year. The importance of minority,
 7676  gender, and geographic representation must be considered when
 7677  appointing members to the council.
 7678         (8) The Department of Children and Families Family
 7679  Services, with input from the Council on Homelessness, must
 7680  adopt rules relating to the challenge grants and the homeless
 7681  housing assistance grants and related issues consistent with the
 7682  purposes of this section.
 7683         (9) The council shall, by June 30 of each year, beginning
 7684  in 2010, provide to the Governor, the Legislature, and the
 7685  Secretary of Children and Families Family Services a report
 7686  summarizing the extent of homelessness in the state and the
 7687  council’s recommendations for reducing homelessness in this
 7688  state.
 7689         Section 240. Paragraph (d) of subsection (1) of section
 7690  420.628, Florida Statutes, is amended to read:
 7691         420.628 Affordable housing for children and young adults
 7692  leaving foster care; legislative findings and intent.—
 7693         (1)
 7694         (d) The Legislature intends that the Florida Housing
 7695  Finance Corporation, agencies within the State Housing
 7696  Initiative Partnership Program, local housing finance agencies,
 7697  public housing authorities, and their agents, and other
 7698  providers of affordable housing coordinate with the Department
 7699  of Children and Families Family Services, their agents, and
 7700  community-based care providers who provide services under s.
 7701  409.1671 to develop and implement strategies and procedures
 7702  designed to make affordable housing available whenever and
 7703  wherever possible to young adults who leave the child welfare
 7704  system.
 7705         Section 241. Paragraph (d) of subsection (1) of section
 7706  421.10, Florida Statutes, is amended to read:
 7707         421.10 Rentals and tenant selection.—
 7708         (1) In the operation or management of housing projects an
 7709  authority shall at all times observe the following duties with
 7710  respect to rentals and tenant selection:
 7711         (d) The Department of Children and Families Family
 7712  Services, pursuant to 45 C.F.R. s. 233.20(a)(3)(vii)(c), may not
 7713  consider as income for recipients of temporary cash assistance
 7714  any assistance received by recipients from other agencies or
 7715  organizations such as public housing authorities.
 7716         Section 242. Paragraph (g) of subsection (1) of section
 7717  427.012, Florida Statutes, is amended to read:
 7718         427.012 The Commission for the Transportation
 7719  Disadvantaged.—There is created the Commission for the
 7720  Transportation Disadvantaged in the Department of
 7721  Transportation.
 7722         (1) The commission shall consist of seven members, all of
 7723  whom shall be appointed by the Governor, in accordance with the
 7724  requirements of s. 20.052.
 7725         (g) The Secretary of Transportation, the Secretary of
 7726  Children and Families Family Services, the executive director of
 7727  the Department of Economic Opportunity, the executive director
 7728  of the Department of Veterans’ Affairs, the Secretary of Elderly
 7729  Affairs, the Secretary of Health Care Administration, the
 7730  director of the Agency for Persons with Disabilities, and a
 7731  county manager or administrator who is appointed by the
 7732  Governor, or a senior management level representative of each,
 7733  shall serve as ex officio, nonvoting advisors to the commission.
 7734         Section 243. Subsection (2) of section 429.01, Florida
 7735  Statutes, is amended to read:
 7736         429.01 Short title; purpose.—
 7737         (2) The purpose of this act is to promote the availability
 7738  of appropriate services for elderly persons and adults with
 7739  disabilities in the least restrictive and most homelike
 7740  environment, to encourage the development of facilities that
 7741  promote the dignity, individuality, privacy, and decisionmaking
 7742  ability of such persons, to provide for the health, safety, and
 7743  welfare of residents of assisted living facilities in the state,
 7744  to promote continued improvement of such facilities, to
 7745  encourage the development of innovative and affordable
 7746  facilities particularly for persons with low to moderate
 7747  incomes, to ensure that all agencies of the state cooperate in
 7748  the protection of such residents, and to ensure that needed
 7749  economic, social, mental health, health, and leisure services
 7750  are made available to residents of such facilities through the
 7751  efforts of the Agency for Health Care Administration, the
 7752  Department of Elderly Affairs, the Department of Children and
 7753  Families Family Services, the Department of Health, assisted
 7754  living facilities, and other community agencies. To the maximum
 7755  extent possible, appropriate community-based programs must be
 7756  available to state-supported residents to augment the services
 7757  provided in assisted living facilities. The Legislature
 7758  recognizes that assisted living facilities are an important part
 7759  of the continuum of long-term care in the state. In support of
 7760  the goal of aging in place, the Legislature further recognizes
 7761  that assisted living facilities should be operated and regulated
 7762  as residential environments with supportive services and not as
 7763  medical or nursing facilities. The services available in these
 7764  facilities, either directly or through contract or agreement,
 7765  are intended to help residents remain as independent as
 7766  possible. Regulations governing these facilities must be
 7767  sufficiently flexible to allow facilities to adopt policies that
 7768  enable residents to age in place when resources are available to
 7769  meet their needs and accommodate their preferences.
 7770         Section 244. Subsection (1) and paragraph (b) of subsection
 7771  (3) of section 429.075, Florida Statutes, are amended to read:
 7772         429.075 Limited mental health license.—An assisted living
 7773  facility that serves three or more mental health residents must
 7774  obtain a limited mental health license.
 7775         (1) To obtain a limited mental health license, a facility
 7776  must hold a standard license as an assisted living facility,
 7777  must not have any current uncorrected deficiencies or
 7778  violations, and must ensure that, within 6 months after
 7779  receiving a limited mental health license, the facility
 7780  administrator and the staff of the facility who are in direct
 7781  contact with mental health residents must complete training of
 7782  no less than 6 hours related to their duties. Such designation
 7783  may be made at the time of initial licensure or relicensure or
 7784  upon request in writing by a licensee under this part and part
 7785  II of chapter 408. Notification of approval or denial of such
 7786  request shall be made in accordance with this part, part II of
 7787  chapter 408, and applicable rules. This training will be
 7788  provided by or approved by the Department of Children and
 7789  Families Family Services.
 7790         (3) A facility that has a limited mental health license
 7791  must:
 7792         (b) Have documentation that is provided by the Department
 7793  of Children and Families Family Services that each mental health
 7794  resident has been assessed and determined to be able to live in
 7795  the community in an assisted living facility with a limited
 7796  mental health license.
 7797         Section 245. Paragraphs (c) and (d) of subsection (2) of
 7798  section 429.08, Florida Statutes, are amended to read:
 7799         429.08 Unlicensed facilities; referral of person for
 7800  residency to unlicensed facility; penalties.—
 7801         (2) It is unlawful to knowingly refer a person for
 7802  residency to an unlicensed assisted living facility; to an
 7803  assisted living facility the license of which is under denial or
 7804  has been suspended or revoked; or to an assisted living facility
 7805  that has a moratorium pursuant to part II of chapter 408.
 7806         (c) Any employee of the agency or department, or the
 7807  Department of Children and Families Family Services, who
 7808  knowingly refers a person for residency to an unlicensed
 7809  facility; to a facility the license of which is under denial or
 7810  has been suspended or revoked; or to a facility that has a
 7811  moratorium pursuant to part II of chapter 408 is subject to
 7812  disciplinary action by the agency or department, or the
 7813  Department of Children and Families Family Services.
 7814         (d) The employer of any person who is under contract with
 7815  the agency or department, or the Department of Children and
 7816  Families Family Services, and who knowingly refers a person for
 7817  residency to an unlicensed facility; to a facility the license
 7818  of which is under denial or has been suspended or revoked; or to
 7819  a facility that has a moratorium pursuant to part II of chapter
 7820  408 shall be fined and required to prepare a corrective action
 7821  plan designed to prevent such referrals.
 7822         Section 246. Subsection (9) of section 429.19, Florida
 7823  Statutes, is amended to read:
 7824         429.19 Violations; imposition of administrative fines;
 7825  grounds.—
 7826         (9) The agency shall develop and disseminate an annual list
 7827  of all facilities sanctioned or fined for violations of state
 7828  standards, the number and class of violations involved, the
 7829  penalties imposed, and the current status of cases. The list
 7830  shall be disseminated, at no charge, to the Department of
 7831  Elderly Affairs, the Department of Health, the Department of
 7832  Children and Families Family Services, the Agency for Persons
 7833  with Disabilities, the area agencies on aging, the Florida
 7834  Statewide Advocacy Council, and the state and local ombudsman
 7835  councils. The Department of Children and Families Family
 7836  Services shall disseminate the list to service providers under
 7837  contract to the department who are responsible for referring
 7838  persons to a facility for residency. The agency may charge a fee
 7839  commensurate with the cost of printing and postage to other
 7840  interested parties requesting a copy of this list. This
 7841  information may be provided electronically or through the
 7842  agency’s Internet site.
 7843         Section 247. Subsection (6) of section 429.23, Florida
 7844  Statutes, is amended to read:
 7845         429.23 Internal risk management and quality assurance
 7846  program; adverse incidents and reporting requirements.—
 7847         (6) Abuse, neglect, or exploitation must be reported to the
 7848  Department of Children and Families Family Services as required
 7849  under chapter 415.
 7850         Section 248. Subsections (1), (6), and (8) of section
 7851  429.26, Florida Statutes, are amended to read:
 7852         429.26 Appropriateness of placements; examinations of
 7853  residents.—
 7854         (1) The owner or administrator of a facility is responsible
 7855  for determining the appropriateness of admission of an
 7856  individual to the facility and for determining the continued
 7857  appropriateness of residence of an individual in the facility. A
 7858  determination shall be based upon an assessment of the
 7859  strengths, needs, and preferences of the resident, the care and
 7860  services offered or arranged for by the facility in accordance
 7861  with facility policy, and any limitations in law or rule related
 7862  to admission criteria or continued residency for the type of
 7863  license held by the facility under this part. A resident may not
 7864  be moved from one facility to another without consultation with
 7865  and agreement from the resident or, if applicable, the
 7866  resident’s representative or designee or the resident’s family,
 7867  guardian, surrogate, or attorney in fact. In the case of a
 7868  resident who has been placed by the department or the Department
 7869  of Children and Families Family Services, the administrator must
 7870  notify the appropriate contact person in the applicable
 7871  department.
 7872         (6) Any resident accepted in a facility and placed by the
 7873  department or the Department of Children and Families Family
 7874  Services shall have been examined by medical personnel within 30
 7875  days before placement in the facility. The examination shall
 7876  include an assessment of the appropriateness of placement in a
 7877  facility. The findings of this examination shall be recorded on
 7878  the examination form provided by the agency. The completed form
 7879  shall accompany the resident and shall be submitted to the
 7880  facility owner or administrator. Additionally, in the case of a
 7881  mental health resident, the Department of Children and Families
 7882  Family Services must provide documentation that the individual
 7883  has been assessed by a psychiatrist, clinical psychologist,
 7884  clinical social worker, or psychiatric nurse, or an individual
 7885  who is supervised by one of these professionals, and determined
 7886  to be appropriate to reside in an assisted living facility. The
 7887  documentation must be in the facility within 30 days after the
 7888  mental health resident has been admitted to the facility. An
 7889  evaluation completed upon discharge from a state mental hospital
 7890  meets the requirements of this subsection related to
 7891  appropriateness for placement as a mental health resident
 7892  providing it was completed within 90 days prior to admission to
 7893  the facility. The applicable department shall provide to the
 7894  facility administrator any information about the resident that
 7895  would help the administrator meet his or her responsibilities
 7896  under subsection (1). Further, department personnel shall
 7897  explain to the facility operator any special needs of the
 7898  resident and advise the operator whom to call should problems
 7899  arise. The applicable department shall advise and assist the
 7900  facility administrator where the special needs of residents who
 7901  are recipients of optional state supplementation require such
 7902  assistance.
 7903         (8) The Department of Children and Families Family Services
 7904  may require an examination for supplemental security income and
 7905  optional state supplementation recipients residing in facilities
 7906  at any time and shall provide the examination whenever a
 7907  resident’s condition requires it. Any facility administrator;
 7908  personnel of the agency, the department, or the Department of
 7909  Children and Families Family Services; or long-term care
 7910  ombudsman council member who believes a resident needs to be
 7911  evaluated shall notify the resident’s case manager, who shall
 7912  take appropriate action. A report of the examination findings
 7913  shall be provided to the resident’s case manager and the
 7914  facility administrator to help the administrator meet his or her
 7915  responsibilities under subsection (1).
 7916         Section 249. Subsection (2) of section 429.31, Florida
 7917  Statutes, is amended to read:
 7918         429.31 Closing of facility; notice; penalty.—
 7919         (2) Immediately upon the notice by the agency of the
 7920  voluntary or involuntary termination of such operation, the
 7921  agency shall monitor the transfer of residents to other
 7922  facilities and ensure that residents’ rights are being
 7923  protected. The department, in consultation with the Department
 7924  of Children and Families Family Services, shall specify
 7925  procedures for ensuring that all residents who receive services
 7926  are appropriately relocated.
 7927         Section 250. Section 429.34, Florida Statutes, is amended
 7928  to read:
 7929         429.34 Right of entry and inspection.—In addition to the
 7930  requirements of s. 408.811, any duly designated officer or
 7931  employee of the department, the Department of Children and
 7932  Families Family Services, the Medicaid Fraud Control Unit of the
 7933  Office of the Attorney General, the state or local fire marshal,
 7934  or a member of the state or local long-term care ombudsman
 7935  council shall have the right to enter unannounced upon and into
 7936  the premises of any facility licensed pursuant to this part in
 7937  order to determine the state of compliance with the provisions
 7938  of this part, part II of chapter 408, and applicable rules. Data
 7939  collected by the state or local long-term care ombudsman
 7940  councils or the state or local advocacy councils may be used by
 7941  the agency in investigations involving violations of regulatory
 7942  standards.
 7943         Section 251. Subsection (1) of section 429.41, Florida
 7944  Statutes, is amended to read:
 7945         429.41 Rules establishing standards.—
 7946         (1) It is the intent of the Legislature that rules
 7947  published and enforced pursuant to this section shall include
 7948  criteria by which a reasonable and consistent quality of
 7949  resident care and quality of life may be ensured and the results
 7950  of such resident care may be demonstrated. Such rules shall also
 7951  ensure a safe and sanitary environment that is residential and
 7952  noninstitutional in design or nature. It is further intended
 7953  that reasonable efforts be made to accommodate the needs and
 7954  preferences of residents to enhance the quality of life in a
 7955  facility. The agency, in consultation with the department, may
 7956  adopt rules to administer the requirements of part II of chapter
 7957  408. In order to provide safe and sanitary facilities and the
 7958  highest quality of resident care accommodating the needs and
 7959  preferences of residents, the department, in consultation with
 7960  the agency, the Department of Children and Families Family
 7961  Services, and the Department of Health, shall adopt rules,
 7962  policies, and procedures to administer this part, which must
 7963  include reasonable and fair minimum standards in relation to:
 7964         (a) The requirements for and maintenance of facilities, not
 7965  in conflict with chapter 553, relating to plumbing, heating,
 7966  cooling, lighting, ventilation, living space, and other housing
 7967  conditions, which will ensure the health, safety, and comfort of
 7968  residents and protection from fire hazard, including adequate
 7969  provisions for fire alarm and other fire protection suitable to
 7970  the size of the structure. Uniform firesafety standards shall be
 7971  established and enforced by the State Fire Marshal in
 7972  cooperation with the agency, the department, and the Department
 7973  of Health.
 7974         1. Evacuation capability determination.—
 7975         a. The National Fire Protection Association, NFPA 101A,
 7976  Chapter 5, 1995 edition, shall be used for determining the
 7977  ability of the residents, with or without staff assistance, to
 7978  relocate from or within a licensed facility to a point of safety
 7979  as provided in the fire codes adopted herein. An evacuation
 7980  capability evaluation for initial licensure shall be conducted
 7981  within 6 months after the date of licensure. For existing
 7982  licensed facilities that are not equipped with an automatic fire
 7983  sprinkler system, the administrator shall evaluate the
 7984  evacuation capability of residents at least annually. The
 7985  evacuation capability evaluation for each facility not equipped
 7986  with an automatic fire sprinkler system shall be validated,
 7987  without liability, by the State Fire Marshal, by the local fire
 7988  marshal, or by the local authority having jurisdiction over
 7989  firesafety, before the license renewal date. If the State Fire
 7990  Marshal, local fire marshal, or local authority having
 7991  jurisdiction over firesafety has reason to believe that the
 7992  evacuation capability of a facility as reported by the
 7993  administrator may have changed, it may, with assistance from the
 7994  facility administrator, reevaluate the evacuation capability
 7995  through timed exiting drills. Translation of timed fire exiting
 7996  drills to evacuation capability may be determined:
 7997         (I) Three minutes or less: prompt.
 7998         (II) More than 3 minutes, but not more than 13 minutes:
 7999  slow.
 8000         (III) More than 13 minutes: impractical.
 8001         b. The Office of the State Fire Marshal shall provide or
 8002  cause the provision of training and education on the proper
 8003  application of Chapter 5, NFPA 101A, 1995 edition, to its
 8004  employees, to staff of the Agency for Health Care Administration
 8005  who are responsible for regulating facilities under this part,
 8006  and to local governmental inspectors. The Office of the State
 8007  Fire Marshal shall provide or cause the provision of this
 8008  training within its existing budget, but may charge a fee for
 8009  this training to offset its costs. The initial training must be
 8010  delivered within 6 months after July 1, 1995, and as needed
 8011  thereafter.
 8012         c. The Office of the State Fire Marshal, in cooperation
 8013  with provider associations, shall provide or cause the provision
 8014  of a training program designed to inform facility operators on
 8015  how to properly review bid documents relating to the
 8016  installation of automatic fire sprinklers. The Office of the
 8017  State Fire Marshal shall provide or cause the provision of this
 8018  training within its existing budget, but may charge a fee for
 8019  this training to offset its costs. The initial training must be
 8020  delivered within 6 months after July 1, 1995, and as needed
 8021  thereafter.
 8022         d. The administrator of a licensed facility shall sign an
 8023  affidavit verifying the number of residents occupying the
 8024  facility at the time of the evacuation capability evaluation.
 8025         2. Firesafety requirements.—
 8026         a. Except for the special applications provided herein,
 8027  effective January 1, 1996, the National Fire Protection
 8028  Association, Life Safety Code, NFPA 101, 1994 edition, Chapter
 8029  22 for new facilities and Chapter 23 for existing facilities
 8030  shall be the uniform fire code applied by the State Fire Marshal
 8031  for assisted living facilities, pursuant to s. 633.206.
 8032         b. Any new facility, regardless of size, that applies for a
 8033  license on or after January 1, 1996, must be equipped with an
 8034  automatic fire sprinkler system. The exceptions as provided in
 8035  s. 22-2.3.5.1, NFPA 101, 1994 edition, as adopted herein, apply
 8036  to any new facility housing eight or fewer residents. On July 1,
 8037  1995, local governmental entities responsible for the issuance
 8038  of permits for construction shall inform, without liability, any
 8039  facility whose permit for construction is obtained before
 8040  January 1, 1996, of this automatic fire sprinkler requirement.
 8041  As used in this part, the term “a new facility” does not mean an
 8042  existing facility that has undergone change of ownership.
 8043         c. Notwithstanding any provision of s. 633.206 or of the
 8044  National Fire Protection Association, NFPA 101A, Chapter 5, 1995
 8045  edition, to the contrary, any existing facility housing eight or
 8046  fewer residents is not required to install an automatic fire
 8047  sprinkler system, nor to comply with any other requirement in
 8048  Chapter 23, NFPA 101, 1994 edition, that exceeds the firesafety
 8049  requirements of NFPA 101, 1988 edition, that applies to this
 8050  size facility, unless the facility has been classified as
 8051  impractical to evacuate. Any existing facility housing eight or
 8052  fewer residents that is classified as impractical to evacuate
 8053  must install an automatic fire sprinkler system within the
 8054  timeframes granted in this section.
 8055         d. Any existing facility that is required to install an
 8056  automatic fire sprinkler system under this paragraph need not
 8057  meet other firesafety requirements of Chapter 23, NFPA 101, 1994
 8058  edition, which exceed the provisions of NFPA 101, 1988 edition.
 8059  The mandate contained in this paragraph which requires certain
 8060  facilities to install an automatic fire sprinkler system
 8061  supersedes any other requirement.
 8062         e. This paragraph does not supersede the exceptions granted
 8063  in NFPA 101, 1988 edition or 1994 edition.
 8064         f. This paragraph does not exempt facilities from other
 8065  firesafety provisions adopted under s. 633.206 and local
 8066  building code requirements in effect before July 1, 1995.
 8067         g. A local government may charge fees only in an amount not
 8068  to exceed the actual expenses incurred by local government
 8069  relating to the installation and maintenance of an automatic
 8070  fire sprinkler system in an existing and properly licensed
 8071  assisted living facility structure as of January 1, 1996.
 8072         h. If a licensed facility undergoes major reconstruction or
 8073  addition to an existing building on or after January 1, 1996,
 8074  the entire building must be equipped with an automatic fire
 8075  sprinkler system. Major reconstruction of a building means
 8076  repair or restoration that costs in excess of 50 percent of the
 8077  value of the building as reported on the tax rolls, excluding
 8078  land, before reconstruction. Multiple reconstruction projects
 8079  within a 5-year period the total costs of which exceed 50
 8080  percent of the initial value of the building when the first
 8081  reconstruction project was permitted are to be considered as
 8082  major reconstruction. Application for a permit for an automatic
 8083  fire sprinkler system is required upon application for a permit
 8084  for a reconstruction project that creates costs that go over the
 8085  50-percent threshold.
 8086         i. Any facility licensed before January 1, 1996, that is
 8087  required to install an automatic fire sprinkler system shall
 8088  ensure that the installation is completed within the following
 8089  timeframes based upon evacuation capability of the facility as
 8090  determined under subparagraph 1.:
 8091         (I) Impractical evacuation capability, 24 months.
 8092         (II) Slow evacuation capability, 48 months.
 8093         (III) Prompt evacuation capability, 60 months.
 8094  
 8095  The beginning date from which the deadline for the automatic
 8096  fire sprinkler installation requirement must be calculated is
 8097  upon receipt of written notice from the local fire official that
 8098  an automatic fire sprinkler system must be installed. The local
 8099  fire official shall send a copy of the document indicating the
 8100  requirement of a fire sprinkler system to the Agency for Health
 8101  Care Administration.
 8102         j. It is recognized that the installation of an automatic
 8103  fire sprinkler system may create financial hardship for some
 8104  facilities. The appropriate local fire official shall, without
 8105  liability, grant two 1-year extensions to the timeframes for
 8106  installation established herein, if an automatic fire sprinkler
 8107  installation cost estimate and proof of denial from two
 8108  financial institutions for a construction loan to install the
 8109  automatic fire sprinkler system are submitted. However, for any
 8110  facility with a class I or class II, or a history of uncorrected
 8111  class III, firesafety deficiencies, an extension must not be
 8112  granted. The local fire official shall send a copy of the
 8113  document granting the time extension to the Agency for Health
 8114  Care Administration.
 8115         k. A facility owner whose facility is required to be
 8116  equipped with an automatic fire sprinkler system under Chapter
 8117  23, NFPA 101, 1994 edition, as adopted herein, must disclose to
 8118  any potential buyer of the facility that an installation of an
 8119  automatic fire sprinkler requirement exists. The sale of the
 8120  facility does not alter the timeframe for the installation of
 8121  the automatic fire sprinkler system.
 8122         l. Existing facilities required to install an automatic
 8123  fire sprinkler system as a result of construction-type
 8124  restrictions in Chapter 23, NFPA 101, 1994 edition, as adopted
 8125  herein, or evacuation capability requirements shall be notified
 8126  by the local fire official in writing of the automatic fire
 8127  sprinkler requirement, as well as the appropriate date for final
 8128  compliance as provided in this subparagraph. The local fire
 8129  official shall send a copy of the document to the Agency for
 8130  Health Care Administration.
 8131         m. Except in cases of life-threatening fire hazards, if an
 8132  existing facility experiences a change in the evacuation
 8133  capability, or if the local authority having jurisdiction
 8134  identifies a construction-type restriction, such that an
 8135  automatic fire sprinkler system is required, it shall be given
 8136  time for installation as provided in this subparagraph.
 8137  
 8138  Facilities that are fully sprinkled and in compliance with other
 8139  firesafety standards are not required to conduct more than one
 8140  of the required fire drills between the hours of 11 p.m. and 7
 8141  a.m., per year. In lieu of the remaining drills, staff
 8142  responsible for residents during such hours may be required to
 8143  participate in a mock drill that includes a review of evacuation
 8144  procedures. Such standards must be included or referenced in the
 8145  rules adopted by the State Fire Marshal. Pursuant to s.
 8146  633.206(1)(b), the State Fire Marshal is the final
 8147  administrative authority for firesafety standards established
 8148  and enforced pursuant to this section. All licensed facilities
 8149  must have an annual fire inspection conducted by the local fire
 8150  marshal or authority having jurisdiction.
 8151         3. Resident elopement requirements.—Facilities are required
 8152  to conduct a minimum of two resident elopement prevention and
 8153  response drills per year. All administrators and direct care
 8154  staff must participate in the drills which shall include a
 8155  review of procedures to address resident elopement. Facilities
 8156  must document the implementation of the drills and ensure that
 8157  the drills are conducted in a manner consistent with the
 8158  facility’s resident elopement policies and procedures.
 8159         (b) The preparation and annual update of a comprehensive
 8160  emergency management plan. Such standards must be included in
 8161  the rules adopted by the department after consultation with the
 8162  Division of Emergency Management. At a minimum, the rules must
 8163  provide for plan components that address emergency evacuation
 8164  transportation; adequate sheltering arrangements; postdisaster
 8165  activities, including provision of emergency power, food, and
 8166  water; postdisaster transportation; supplies; staffing;
 8167  emergency equipment; individual identification of residents and
 8168  transfer of records; communication with families; and responses
 8169  to family inquiries. The comprehensive emergency management plan
 8170  is subject to review and approval by the local emergency
 8171  management agency. During its review, the local emergency
 8172  management agency shall ensure that the following agencies, at a
 8173  minimum, are given the opportunity to review the plan: the
 8174  Department of Elderly Affairs, the Department of Health, the
 8175  Agency for Health Care Administration, and the Division of
 8176  Emergency Management. Also, appropriate volunteer organizations
 8177  must be given the opportunity to review the plan. The local
 8178  emergency management agency shall complete its review within 60
 8179  days and either approve the plan or advise the facility of
 8180  necessary revisions.
 8181         (c) The number, training, and qualifications of all
 8182  personnel having responsibility for the care of residents. The
 8183  rules must require adequate staff to provide for the safety of
 8184  all residents. Facilities licensed for 17 or more residents are
 8185  required to maintain an alert staff for 24 hours per day.
 8186         (d) All sanitary conditions within the facility and its
 8187  surroundings which will ensure the health and comfort of
 8188  residents. The rules must clearly delineate the responsibilities
 8189  of the agency’s licensure and survey staff, the county health
 8190  departments, and the local authority having jurisdiction over
 8191  firesafety and ensure that inspections are not duplicative. The
 8192  agency may collect fees for food service inspections conducted
 8193  by the county health departments and transfer such fees to the
 8194  Department of Health.
 8195         (e) License application and license renewal, transfer of
 8196  ownership, proper management of resident funds and personal
 8197  property, surety bonds, resident contracts, refund policies,
 8198  financial ability to operate, and facility and staff records.
 8199         (f) Inspections, complaint investigations, moratoriums,
 8200  classification of deficiencies, levying and enforcement of
 8201  penalties, and use of income from fees and fines.
 8202         (g) The enforcement of the resident bill of rights
 8203  specified in s. 429.28.
 8204         (h) The care and maintenance of residents, which must
 8205  include, but is not limited to:
 8206         1. The supervision of residents;
 8207         2. The provision of personal services;
 8208         3. The provision of, or arrangement for, social and leisure
 8209  activities;
 8210         4. The arrangement for appointments and transportation to
 8211  appropriate medical, dental, nursing, or mental health services,
 8212  as needed by residents;
 8213         5. The management of medication;
 8214         6. The nutritional needs of residents;
 8215         7. Resident records; and
 8216         8. Internal risk management and quality assurance.
 8217         (i) Facilities holding a limited nursing, extended
 8218  congregate care, or limited mental health license.
 8219         (j) The establishment of specific criteria to define
 8220  appropriateness of resident admission and continued residency in
 8221  a facility holding a standard, limited nursing, extended
 8222  congregate care, and limited mental health license.
 8223         (k) The use of physical or chemical restraints. The use of
 8224  physical restraints is limited to half-bed rails as prescribed
 8225  and documented by the resident’s physician with the consent of
 8226  the resident or, if applicable, the resident’s representative or
 8227  designee or the resident’s surrogate, guardian, or attorney in
 8228  fact. The use of chemical restraints is limited to prescribed
 8229  dosages of medications authorized by the resident’s physician
 8230  and must be consistent with the resident’s diagnosis. Residents
 8231  who are receiving medications that can serve as chemical
 8232  restraints must be evaluated by their physician at least
 8233  annually to assess:
 8234         1. The continued need for the medication.
 8235         2. The level of the medication in the resident’s blood.
 8236         3. The need for adjustments in the prescription.
 8237         (l) The establishment of specific policies and procedures
 8238  on resident elopement. Facilities shall conduct a minimum of two
 8239  resident elopement drills each year. All administrators and
 8240  direct care staff shall participate in the drills. Facilities
 8241  shall document the drills.
 8242         Section 252. Subsections (6) and (8) of section 429.67,
 8243  Florida Statutes, are amended to read:
 8244         429.67 Licensure.—
 8245         (6) In addition to the requirements of s. 408.811, access
 8246  to a licensed adult family-care home must be provided at
 8247  reasonable times for the appropriate officials of the
 8248  department, the Department of Health, the Department of Children
 8249  and Families Family Services, the agency, and the State Fire
 8250  Marshal, who are responsible for the development and maintenance
 8251  of fire, health, sanitary, and safety standards, to inspect the
 8252  facility to assure compliance with these standards. In addition,
 8253  access to a licensed adult family-care home must be provided at
 8254  reasonable times for the local long-term care ombudsman council.
 8255         (8) Each adult family-care home must designate at least one
 8256  licensed space for a resident receiving optional state
 8257  supplementation. The Department of Children and Families Family
 8258  Services shall specify by rule the procedures to be followed for
 8259  referring residents who receive optional state supplementation
 8260  to adult family-care homes. Those homes licensed as adult foster
 8261  homes or assisted living facilities prior to January 1, 1994,
 8262  that convert to adult family-care homes, are exempt from this
 8263  requirement.
 8264         Section 253. Subsection (1) of section 429.73, Florida
 8265  Statutes, is amended to read:
 8266         429.73 Rules and standards relating to adult family-care
 8267  homes.—
 8268         (1) The agency, in consultation with the department, may
 8269  adopt rules to administer the requirements of part II of chapter
 8270  408. The department, in consultation with the Department of
 8271  Health, the Department of Children and Families Family Services,
 8272  and the agency shall, by rule, establish minimum standards to
 8273  ensure the health, safety, and well-being of each resident in
 8274  the adult family-care home pursuant to this part. The rules must
 8275  address:
 8276         (a) Requirements for the physical site of the facility and
 8277  facility maintenance.
 8278         (b) Services that must be provided to all residents of an
 8279  adult family-care home and standards for such services, which
 8280  must include, but need not be limited to:
 8281         1. Room and board.
 8282         2. Assistance necessary to perform the activities of daily
 8283  living.
 8284         3. Assistance necessary to administer medication.
 8285         4. Supervision of residents.
 8286         5. Health monitoring.
 8287         6. Social and leisure activities.
 8288         (c) Standards and procedures for license application and
 8289  annual license renewal, advertising, proper management of each
 8290  resident’s funds and personal property and personal affairs,
 8291  financial ability to operate, medication management,
 8292  inspections, complaint investigations, and facility, staff, and
 8293  resident records.
 8294         (d) Qualifications, training, standards, and
 8295  responsibilities for providers and staff.
 8296         (e) Compliance with chapter 419, relating to community
 8297  residential homes.
 8298         (f) Criteria and procedures for determining the
 8299  appropriateness of a resident’s placement and continued
 8300  residency in an adult family-care home. A resident who requires
 8301  24-hour nursing supervision may not be retained in an adult
 8302  family-care home unless such resident is an enrolled hospice
 8303  patient and the resident’s continued residency is mutually
 8304  agreeable to the resident and the provider.
 8305         (g) Procedures for providing notice and assuring the least
 8306  possible disruption of residents’ lives when residents are
 8307  relocated, an adult family-care home is closed, or the ownership
 8308  of an adult family-care home is transferred.
 8309         (h) Procedures to protect the residents’ rights as provided
 8310  in s. 429.85.
 8311         (i) Procedures to promote the growth of adult family-care
 8312  homes as a component of a long-term care system.
 8313         (j) Procedures to promote the goal of aging in place for
 8314  residents of adult family-care homes.
 8315         Section 254. Subsection (4) of section 429.75, Florida
 8316  Statutes, is amended to read:
 8317         429.75 Training and education programs.—
 8318         (4) If the Department of Children and Families Family
 8319  Services, the agency, or the department determines that there
 8320  are problems in an adult family-care home which could be reduced
 8321  through specific training or education beyond that required
 8322  under this section, the agency may require the provider or staff
 8323  to complete such training or education.
 8324         Section 255. Subsection (1), paragraph (g) of subsection
 8325  (3), and subsection (13) of section 430.2053, Florida Statutes,
 8326  are amended to read:
 8327         430.2053 Aging resource centers.—
 8328         (1) The department, in consultation with the Agency for
 8329  Health Care Administration and the Department of Children and
 8330  Families Family Services, shall develop pilot projects for aging
 8331  resource centers.
 8332         (3) The duties of an aging resource center are to:
 8333         (g) Enhance the existing area agency on aging in each
 8334  planning and service area by integrating, either physically or
 8335  virtually, the staff and services of the area agency on aging
 8336  with the staff of the department’s local CARES Medicaid
 8337  preadmission screening unit and a sufficient number of staff
 8338  from the Department of Children and Families’ Family Services’
 8339  Economic Self-Sufficiency Unit necessary to determine the
 8340  financial eligibility for all persons age 60 and older residing
 8341  within the area served by the aging resource center that are
 8342  seeking Medicaid services, Supplemental Security Income, and
 8343  food assistance.
 8344         (13) Each aging resource center shall enter into a
 8345  memorandum of understanding with the Department of Children and
 8346  Families Family Services for collaboration with the Economic
 8347  Self-Sufficiency Unit staff. The memorandum of understanding
 8348  shall outline which staff persons are responsible for which
 8349  functions and shall provide the staffing levels necessary to
 8350  carry out the functions of the aging resource center.
 8351         Section 256. Subsection (5) of section 430.705, Florida
 8352  Statutes, is amended to read:
 8353         430.705 Implementation of the long-term care community
 8354  diversion pilot projects.—
 8355         (5) A prospective participant who applies for the long-term
 8356  care community diversion pilot project and is determined by the
 8357  Comprehensive Assessment Review and Evaluation for Long-Term
 8358  Care Services (CARES) Program within the Department of Elderly
 8359  Affairs to be medically eligible, but has not been determined
 8360  financially eligible by the Department of Children and Families
 8361  Family Services, shall be designated “Medicaid Pending.” CARES
 8362  shall determine each applicant’s eligibility within 22 days
 8363  after receiving the application. Contractors may elect to
 8364  provide services to Medicaid Pending individuals until their
 8365  financial eligibility is determined. If the individual is
 8366  determined financially eligible, the agency shall pay the
 8367  contractor that provided the services a capitated rate
 8368  retroactive to the first of the month following the CARES
 8369  eligibility determination. If the individual is not financially
 8370  eligible for Medicaid, the contractor may terminate services and
 8371  seek reimbursement from the individual.
 8372         Section 257. Subsections (1) and (5) of section 435.02,
 8373  Florida Statutes, are amended to read:
 8374         435.02 Definitions.—For the purposes of this chapter, the
 8375  term:
 8376         (1) “Agency” means any state, county, or municipal agency
 8377  that grants licenses or registration permitting the operation of
 8378  an employer or is itself an employer or that otherwise
 8379  facilitates the screening of employees pursuant to this chapter.
 8380  If there is no state agency or the municipal or county agency
 8381  chooses not to conduct employment screening, “agency” means the
 8382  Department of Children and Families Family Services.
 8383         (5) “Specified agency” means the Department of Health, the
 8384  Department of Children and Families Family Services, the
 8385  Division of Vocational Rehabilitation within the Department of
 8386  Education, the Agency for Health Care Administration, the
 8387  Department of Elderly Affairs, the Department of Juvenile
 8388  Justice, and the Agency for Persons with Disabilities when these
 8389  agencies are conducting state and national criminal history
 8390  background screening on persons who work with children or
 8391  persons who are elderly or disabled.
 8392         Section 258. Subsection (5) of section 445.016, Florida
 8393  Statutes, is amended to read:
 8394         445.016 Untried Worker Placement and Employment Incentive
 8395  Act.—
 8396         (5) Incentives must be paid according to the incentive
 8397  schedule developed by Workforce Florida, Inc., the Department of
 8398  Economic Opportunity, and the Department of Children and
 8399  Families Family Services which costs the state less per
 8400  placement than the state’s 12-month expenditure on a welfare
 8401  recipient.
 8402         Section 259. Subsection (2) of section 445.021, Florida
 8403  Statutes, is amended to read:
 8404         445.021 Relocation assistance program.—
 8405         (2) The relocation assistance program shall involve five
 8406  steps by the regional workforce board, in cooperation with the
 8407  Department of Children and Families Family Services:
 8408         (a) A determination that the family is receiving temporary
 8409  cash assistance or that all requirements of eligibility for
 8410  diversion services would likely be met.
 8411         (b) A determination that there is a basis for believing
 8412  that relocation will contribute to the ability of the applicant
 8413  to achieve self-sufficiency. For example, the applicant:
 8414         1. Is unlikely to achieve economic self-sufficiency at the
 8415  current community of residence;
 8416         2. Has secured a job that provides an increased salary or
 8417  improved benefits and that requires relocation to another
 8418  community;
 8419         3. Has a family support network that will contribute to job
 8420  retention in another community;
 8421         4. Is determined, pursuant to criteria or procedures
 8422  established by the board of directors of Workforce Florida,
 8423  Inc., to be a victim of domestic violence who would experience
 8424  reduced probability of further incidents through relocation; or
 8425         5. Must relocate in order to receive education or training
 8426  that is directly related to the applicant’s employment or career
 8427  advancement.
 8428         (c) Establishment of a relocation plan that includes such
 8429  requirements as are necessary to prevent abuse of the benefit
 8430  and provisions to protect the safety of victims of domestic
 8431  violence and avoid provisions that place them in anticipated
 8432  danger. The payment to defray relocation expenses shall be
 8433  determined based on criteria approved by the board of directors
 8434  of Workforce Florida, Inc. Participants in the relocation
 8435  program shall be eligible for diversion or transitional
 8436  benefits.
 8437         (d) A determination, pursuant to criteria adopted by the
 8438  board of directors of Workforce Florida, Inc., that a community
 8439  receiving a relocated family has the capacity to provide needed
 8440  services and employment opportunities.
 8441         (e) Monitoring the relocation.
 8442         Section 260. Section 445.028, Florida Statutes, is amended
 8443  to read:
 8444         445.028 Transitional benefits and services.—In cooperation
 8445  with Workforce Florida, Inc., the Department of Children and
 8446  Families Family Services shall develop procedures to ensure that
 8447  families leaving the temporary cash assistance program receive
 8448  transitional benefits and services that will assist the family
 8449  in moving toward self-sufficiency. At a minimum, such procedures
 8450  must include, but are not limited to, the following:
 8451         (1) Each recipient of cash assistance who is determined
 8452  ineligible for cash assistance for a reason other than a work
 8453  activity sanction shall be contacted by the workforce system
 8454  case manager and provided information about the availability of
 8455  transitional benefits and services. Such contact shall be
 8456  attempted prior to closure of the case management file.
 8457         (2) Each recipient of temporary cash assistance who is
 8458  determined ineligible for cash assistance due to noncompliance
 8459  with the work activity requirements shall be contacted and
 8460  provided information in accordance with s. 414.065(1).
 8461         (3) The department, in consultation with the board of
 8462  directors of Workforce Florida, Inc., shall develop
 8463  informational material, including posters and brochures, to
 8464  better inform families about the availability of transitional
 8465  benefits and services.
 8466         (4) Workforce Florida, Inc., in cooperation with the
 8467  Department of Children and Families Family Services shall, to
 8468  the extent permitted by federal law, develop procedures to
 8469  maximize the utilization of transitional Medicaid by families
 8470  who leave the temporary cash assistance program.
 8471         Section 261. Subsection (2) of section 445.029, Florida
 8472  Statutes, is amended to read:
 8473         445.029 Transitional medical benefits.—
 8474         (2) The family shall be informed of transitional Medicaid
 8475  when the family is notified by the Department of Children and
 8476  Families Family Services of the termination of temporary cash
 8477  assistance. The notice must include a description of the
 8478  circumstances in which the transitional Medicaid may be
 8479  terminated.
 8480         Section 262. Section 445.033, Florida Statutes, is amended
 8481  to read:
 8482         445.033 Evaluation.—The board of directors of Workforce
 8483  Florida, Inc., and the Department of Children and Families
 8484  Family Services shall arrange for evaluation of TANF-funded
 8485  programs operated under this chapter, as follows:
 8486         (1) If required by federal waivers or other federal
 8487  requirements, the board of directors of Workforce Florida, Inc.,
 8488  and the department may provide for evaluation according to these
 8489  requirements.
 8490         (2) The board of directors of Workforce Florida, Inc., and
 8491  the department shall participate in the evaluation of this
 8492  program in conjunction with evaluation of the state’s workforce
 8493  development programs or similar activities aimed at evaluating
 8494  program outcomes, cost-effectiveness, or return on investment,
 8495  and the impact of time limits, sanctions, and other welfare
 8496  reform measures set out in this chapter. Evaluation shall also
 8497  contain information on the number of participants in work
 8498  experience assignments who obtain unsubsidized employment,
 8499  including, but not limited to, the length of time the
 8500  unsubsidized job is retained, wages, and the public benefits, if
 8501  any, received by such families while in unsubsidized employment.
 8502  The evaluation shall solicit the input of consumers, community
 8503  based organizations, service providers, employers, and the
 8504  general public, and shall publicize, especially in low-income
 8505  communities, the process for submitting comments.
 8506         (3) The board of directors of Workforce Florida, Inc., and
 8507  the department may share information with and develop protocols
 8508  for information exchange with the Florida Education and Training
 8509  Placement Information Program.
 8510         (4) The board of directors of Workforce Florida, Inc., and
 8511  the department may initiate or participate in additional
 8512  evaluation or assessment activities that will further the
 8513  systematic study of issues related to program goals and
 8514  outcomes.
 8515         (5) In providing for evaluation activities, the board of
 8516  directors of Workforce Florida, Inc., and the department shall
 8517  safeguard the use or disclosure of information obtained from
 8518  program participants consistent with federal or state
 8519  requirements. Evaluation methodologies may be used which are
 8520  appropriate for evaluation of program activities, including
 8521  random assignment of recipients or participants into program
 8522  groups or control groups. To the extent necessary or
 8523  appropriate, evaluation data shall provide information with
 8524  respect to the state, district, or county, or other substate
 8525  area.
 8526         (6) The board of directors of Workforce Florida, Inc., and
 8527  the department may contract with a qualified organization for
 8528  evaluations conducted under this section.
 8529         Section 263. Section 445.034, Florida Statutes, is amended
 8530  to read:
 8531         445.034 Authorized expenditures.—Any expenditures from the
 8532  Temporary Assistance for Needy Families block grant shall be
 8533  made in accordance with the requirements and limitations of part
 8534  A of Title IV of the Social Security Act, as amended, or any
 8535  other applicable federal requirement or limitation. Prior to any
 8536  expenditure of such funds, the Secretary of Children and
 8537  Families Family Services, or his or her designee, shall certify
 8538  that controls are in place to ensure such funds are expended in
 8539  accordance with the requirements and limitations of federal law
 8540  and that any reporting requirements of federal law are met. It
 8541  shall be the responsibility of any entity to which such funds
 8542  are appropriated to obtain the required certification prior to
 8543  any expenditure of funds.
 8544         Section 264. Section 445.035, Florida Statutes, is amended
 8545  to read:
 8546         445.035 Data collection and reporting.—The Department of
 8547  Children and Families Family Services and the board of directors
 8548  of Workforce Florida, Inc., shall collect data necessary to
 8549  administer this chapter and make the reports required under
 8550  federal law to the United States Department of Health and Human
 8551  Services and the United States Department of Agriculture.
 8552         Section 265. Subsections (1) and (2), paragraph (b) of
 8553  subsection (4), and subsection (5) of section 445.048, Florida
 8554  Statutes, are amended to read:
 8555         445.048 Passport to Economic Progress program.—
 8556         (1) AUTHORIZATION.—Notwithstanding any law to the contrary,
 8557  Workforce Florida, Inc., in conjunction with the Department of
 8558  Children and Families Family Services and the Department of
 8559  Economic Opportunity, shall implement a Passport to Economic
 8560  Progress program consistent with the provisions of this section.
 8561  Workforce Florida, Inc., may designate regional workforce boards
 8562  to participate in the program. Expenses for the program may come
 8563  from appropriated revenues or from funds otherwise available to
 8564  a regional workforce board which may be legally used for such
 8565  purposes. Workforce Florida, Inc., must consult with the
 8566  applicable regional workforce boards and the applicable local
 8567  offices of the Department of Children and Families Family
 8568  Services which serve the program areas and must encourage
 8569  community input into the implementation process.
 8570         (2) WAIVERS.—If Workforce Florida, Inc., in consultation
 8571  with the Department of Children and Families Family Services,
 8572  finds that federal waivers would facilitate implementation of
 8573  the program, the department shall immediately request such
 8574  waivers, and Workforce Florida, Inc., shall report to the
 8575  Governor, the President of the Senate, and the Speaker of the
 8576  House of Representatives if any refusal of the federal
 8577  government to grant such waivers prevents the implementation of
 8578  the program. If Workforce Florida, Inc., finds that federal
 8579  waivers to provisions of the Food Assistance Program would
 8580  facilitate implementation of the program, the Department of
 8581  Children and Families Family Services shall immediately request
 8582  such waivers in accordance with s. 414.175.
 8583         (4) INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.—
 8584         (b) Workforce Florida, Inc., in cooperation with the
 8585  Department of Children and Families Family Services and the
 8586  Department of Economic Opportunity, shall offer performance
 8587  based incentive bonuses as a component of the Passport to
 8588  Economic Progress program. The bonuses do not represent a
 8589  program entitlement and shall be contingent on achieving
 8590  specific benchmarks prescribed in the self-sufficiency plan. If
 8591  the funds appropriated for this purpose are insufficient to
 8592  provide this financial incentive, the board of directors of
 8593  Workforce Florida, Inc., may reduce or suspend the bonuses in
 8594  order not to exceed the appropriation or may direct the regional
 8595  boards to use resources otherwise given to the regional
 8596  workforce to pay such bonuses if such payments comply with
 8597  applicable state and federal laws.
 8598         (5) EVALUATIONS AND RECOMMENDATIONS.—Workforce Florida,
 8599  Inc., in conjunction with the Department of Children and
 8600  Families Family Services, the Department of Economic
 8601  Opportunity, and the regional workforce boards, shall conduct a
 8602  comprehensive evaluation of the effectiveness of the program
 8603  operated under this section. Evaluations and recommendations for
 8604  the program shall be submitted by Workforce Florida, Inc., as
 8605  part of its annual report to the Legislature.
 8606         Section 266. Subsection (3) of section 445.051, Florida
 8607  Statutes, is amended to read:
 8608         445.051 Individual development accounts.—
 8609         (3) The Department of Children and Families Family Services
 8610  shall amend the Temporary Assistance for Needy Families State
 8611  Plan which was submitted in accordance with s. 402 of the Social
 8612  Security Act, as amended, 42 U.S.C. s. 602, to provide for the
 8613  use of funds for individual development accounts in accordance
 8614  with this section.
 8615         Section 267. Paragraph (h) of subsection (1) of section
 8616  450.191, Florida Statutes, is amended to read:
 8617         450.191 Executive Office of the Governor; powers and
 8618  duties.—
 8619         (1) The Executive Office of the Governor is authorized and
 8620  directed to:
 8621         (h) Cooperate with the Department of Children and Families
 8622  Family Services in coordinating all public assistance programs
 8623  as they may apply to migrant laborers.
 8624         Section 268. Paragraph (d) of subsection (4) of section
 8625  456.0391, Florida Statutes, is amended to read:
 8626         456.0391 Advanced registered nurse practitioners;
 8627  information required for certification.—
 8628         (4)
 8629         (d) Any applicant for initial certification or renewal of
 8630  certification as an advanced registered nurse practitioner who
 8631  submits to the Department of Health a set of fingerprints and
 8632  information required for the criminal history check required
 8633  under this section shall not be required to provide a subsequent
 8634  set of fingerprints or other duplicate information required for
 8635  a criminal history check to the Agency for Health Care
 8636  Administration, the Department of Juvenile Justice, or the
 8637  Department of Children and Families Family Services for
 8638  employment or licensure with such agency or department, if the
 8639  applicant has undergone a criminal history check as a condition
 8640  of initial certification or renewal of certification as an
 8641  advanced registered nurse practitioner with the Department of
 8642  Health, notwithstanding any other provision of law to the
 8643  contrary. In lieu of such duplicate submission, the Agency for
 8644  Health Care Administration, the Department of Juvenile Justice,
 8645  and the Department of Children and Families Family Services
 8646  shall obtain criminal history information for employment or
 8647  licensure of persons certified under s. 464.012 by such agency
 8648  or department from the Department of Health’s health care
 8649  practitioner credentialing system.
 8650         Section 269. Subsection (6) of section 464.0205, Florida
 8651  Statutes, is amended to read:
 8652         464.0205 Retired volunteer nurse certificate.—
 8653         (6) A retired volunteer nurse certified under this section
 8654  may practice only in board-approved settings in public agencies
 8655  or institutions or in nonprofit agencies or institutions meeting
 8656  the requirements of s. 501(c)(3) of the Internal Revenue Code,
 8657  which agencies or institutions are located in areas of critical
 8658  nursing need as determined by the board. Determination of
 8659  underserved areas shall be made by the board after consultation
 8660  with the Department of Health, the Department of Children and
 8661  Families Family Services, the Agency for Health Care
 8662  Administration, and the Department of Elderly Affairs; however,
 8663  such determination shall include, but not be limited to, health
 8664  manpower shortage areas designated by the United States
 8665  Department of Health and Human Services. The sponsoring agencies
 8666  desiring to use certified retired volunteer nurses shall submit
 8667  to the board verification of their status under s. 501(c)(3) of
 8668  the Internal Revenue Code, the sites at which such volunteer
 8669  nurses would work, the duties and scope of practice intended for
 8670  such volunteer nurses, and the training or skills validation for
 8671  such volunteer nurses.
 8672         Section 270. Subsection (14) of section 466.003, Florida
 8673  Statutes, is amended to read:
 8674         466.003 Definitions.—As used in this chapter:
 8675         (14) “Health access setting” means a program or an
 8676  institution of the Department of Children and Families Family
 8677  Services, the Department of Health, the Department of Juvenile
 8678  Justice, a nonprofit community health center, a Head Start
 8679  center, a federally qualified health center or look-alike as
 8680  defined by federal law, a school-based prevention program, a
 8681  clinic operated by an accredited college of dentistry, or an
 8682  accredited dental hygiene program in this state if such
 8683  community service program or institution immediately reports to
 8684  the Board of Dentistry all violations of s. 466.027, s. 466.028,
 8685  or other practice act or standard of care violations related to
 8686  the actions or inactions of a dentist, dental hygienist, or
 8687  dental assistant engaged in the delivery of dental care in such
 8688  setting.
 8689         Section 271. Paragraph (b) of subsection (2) and subsection
 8690  (4) of section 466.023, Florida Statutes, are amended to read:
 8691         466.023 Dental hygienists; scope and area of practice.—
 8692         (2) Dental hygienists may perform their duties:
 8693         (b) In public health programs and institutions of the
 8694  Department of Children and Families Family Services, Department
 8695  of Health, and Department of Juvenile Justice under the general
 8696  supervision of a licensed dentist;
 8697         (4) The board by rule may limit the number of dental
 8698  hygienists or dental assistants to be supervised by a dentist if
 8699  they perform expanded duties requiring direct or indirect
 8700  supervision pursuant to the provisions of this chapter. The
 8701  purpose of the limitation shall be to protect the health and
 8702  safety of patients and to ensure that procedures which require
 8703  more than general supervision be adequately supervised. However,
 8704  the Department of Children and Families Family Services,
 8705  Department of Health, Department of Juvenile Justice, and public
 8706  institutions approved by the board shall not be so limited as to
 8707  the number of dental hygienists or dental assistants working
 8708  under the supervision of a licensed dentist.
 8709         Section 272. Paragraph (c) of subsection (15) and
 8710  subsection (16) of section 489.503, Florida Statutes, are
 8711  amended to read:
 8712         489.503 Exemptions.—This part does not apply to:
 8713         (15) The provision, installation, testing, routine
 8714  maintenance, factory-servicing, or monitoring of a personal
 8715  emergency response system, as defined in s. 489.505, by an
 8716  authorized person who:
 8717         (c) Performs services for the Department of Children and
 8718  Families Family Services under chapter 410; or
 8719         (16) The monitoring of a personal emergency response
 8720  system, as defined in s. 489.505, by a charitable, not-for
 8721  profit corporation acting in accordance with a contractual
 8722  agreement with the Agency for Health Care Administration or one
 8723  of its licensed health care facilities, the Department of
 8724  Elderly Affairs, or the Department of Children and Families
 8725  Family Services, providing that the organization does not
 8726  perform any other service requiring certification or
 8727  registration under this part. Nothing in this subsection shall
 8728  be construed to provide any of the agencies mentioned in this
 8729  subsection the authority to develop rules, criteria, or policy
 8730  pursuant to this subsection.
 8731         Section 273. Subsection (8) of section 490.012, Florida
 8732  Statutes, is amended to read:
 8733         490.012 Violations; penalties; injunction.—
 8734         (8) Effective October 1, 2000, a person may not practice
 8735  juvenile sexual offender therapy in this state, as the practice
 8736  is defined in s. 490.0145, for compensation, unless the person
 8737  holds an active license issued under this chapter and meets the
 8738  requirements to practice juvenile sexual offender therapy. An
 8739  unlicensed person may be employed by a program operated by or
 8740  under contract with the Department of Juvenile Justice or the
 8741  Department of Children and Families Family Services if the
 8742  program employs a professional who is licensed under chapter
 8743  458, chapter 459, s. 490.0145, or s. 491.0144 who manages or
 8744  supervises the treatment services.
 8745         Section 274. Paragraph (n) of subsection (1) of section
 8746  491.012, Florida Statutes, is amended to read:
 8747         491.012 Violations; penalty; injunction.—
 8748         (1) It is unlawful and a violation of this chapter for any
 8749  person to:
 8750         (n) Effective October 1, 2000, practice juvenile sexual
 8751  offender therapy in this state, as the practice is defined in s.
 8752  491.0144, for compensation, unless the person holds an active
 8753  license issued under this chapter and meets the requirements to
 8754  practice juvenile sexual offender therapy. An unlicensed person
 8755  may be employed by a program operated by or under contract with
 8756  the Department of Juvenile Justice or the Department of Children
 8757  and Families Family Services if the program employs a
 8758  professional who is licensed under chapter 458, chapter 459, s.
 8759  490.0145, or s. 491.0144 who manages or supervises the treatment
 8760  services.
 8761         Section 275. Paragraph (b) of subsection (4) and paragraph
 8762  (b) of subsection (5) of section 509.013, Florida Statutes, are
 8763  amended to read:
 8764         509.013 Definitions.—As used in this chapter, the term:
 8765         (4)
 8766         (b) The following are excluded from the definitions in
 8767  paragraph (a):
 8768         1. Any dormitory or other living or sleeping facility
 8769  maintained by a public or private school, college, or university
 8770  for the use of students, faculty, or visitors.
 8771         2. Any facility certified or licensed and regulated by the
 8772  Agency for Health Care Administration or the Department of
 8773  Children and Families Family Services or other similar place
 8774  regulated under s. 381.0072.
 8775         3. Any place renting four rental units or less, unless the
 8776  rental units are advertised or held out to the public to be
 8777  places that are regularly rented to transients.
 8778         4. Any unit or group of units in a condominium,
 8779  cooperative, or timeshare plan and any individually or
 8780  collectively owned one-family, two-family, three-family, or
 8781  four-family dwelling house or dwelling unit that is rented for
 8782  periods of at least 30 days or 1 calendar month, whichever is
 8783  less, and that is not advertised or held out to the public as a
 8784  place regularly rented for periods of less than 1 calendar
 8785  month, provided that no more than four rental units within a
 8786  single complex of buildings are available for rent.
 8787         5. Any migrant labor camp or residential migrant housing
 8788  permitted by the Department of Health under ss. 381.008
 8789  381.00895.
 8790         6. Any establishment inspected by the Department of Health
 8791  and regulated by chapter 513.
 8792         7. Any nonprofit organization that operates a facility
 8793  providing housing only to patients, patients’ families, and
 8794  patients’ caregivers and not to the general public.
 8795         8. Any apartment building inspected by the United States
 8796  Department of Housing and Urban Development or other entity
 8797  acting on the department’s behalf that is designated primarily
 8798  as housing for persons at least 62 years of age. The division
 8799  may require the operator of the apartment building to attest in
 8800  writing that such building meets the criteria provided in this
 8801  subparagraph. The division may adopt rules to implement this
 8802  requirement.
 8803         9. Any roominghouse, boardinghouse, or other living or
 8804  sleeping facility that may not be classified as a hotel, motel,
 8805  vacation rental, nontransient apartment, bed and breakfast inn,
 8806  or transient apartment under s. 509.242.
 8807         (5)
 8808         (b) The following are excluded from the definition in
 8809  paragraph (a):
 8810         1. Any place maintained and operated by a public or private
 8811  school, college, or university:
 8812         a. For the use of students and faculty; or
 8813         b. Temporarily to serve such events as fairs, carnivals,
 8814  and athletic contests.
 8815         2. Any eating place maintained and operated by a church or
 8816  a religious, nonprofit fraternal, or nonprofit civic
 8817  organization:
 8818         a. For the use of members and associates; or
 8819         b. Temporarily to serve such events as fairs, carnivals, or
 8820  athletic contests.
 8821         3. Any eating place located on an airplane, train, bus, or
 8822  watercraft which is a common carrier.
 8823         4. Any eating place maintained by a facility certified or
 8824  licensed and regulated by the Agency for Health Care
 8825  Administration or the Department of Children and Families Family
 8826  Services or other similar place that is regulated under s.
 8827  381.0072.
 8828         5. Any place of business issued a permit or inspected by
 8829  the Department of Agriculture and Consumer Services under s.
 8830  500.12.
 8831         6. Any place of business where the food available for
 8832  consumption is limited to ice, beverages with or without
 8833  garnishment, popcorn, or prepackaged items sold without
 8834  additions or preparation.
 8835         7. Any theater, if the primary use is as a theater and if
 8836  patron service is limited to food items customarily served to
 8837  the admittees of theaters.
 8838         8. Any vending machine that dispenses any food or beverages
 8839  other than potentially hazardous foods, as defined by division
 8840  rule.
 8841         9. Any vending machine that dispenses potentially hazardous
 8842  food and which is located in a facility regulated under s.
 8843  381.0072.
 8844         10. Any research and development test kitchen limited to
 8845  the use of employees and which is not open to the general
 8846  public.
 8847         Section 276. Paragraph (g) of subsection (1) of section
 8848  553.80, Florida Statutes, is amended to read:
 8849         553.80 Enforcement.—
 8850         (1) Except as provided in paragraphs (a)-(g), each local
 8851  government and each legally constituted enforcement district
 8852  with statutory authority shall regulate building construction
 8853  and, where authorized in the state agency’s enabling
 8854  legislation, each state agency shall enforce the Florida
 8855  Building Code required by this part on all public or private
 8856  buildings, structures, and facilities, unless such
 8857  responsibility has been delegated to another unit of government
 8858  pursuant to s. 553.79(9).
 8859         (g) Construction regulations relating to secure mental
 8860  health treatment facilities under the jurisdiction of the
 8861  Department of Children and Families Family Services shall be
 8862  enforced exclusively by the department in conjunction with the
 8863  Agency for Health Care Administration’s review authority under
 8864  paragraph (c).
 8865  
 8866  The governing bodies of local governments may provide a schedule
 8867  of fees, as authorized by s. 125.56(2) or s. 166.222 and this
 8868  section, for the enforcement of the provisions of this part.
 8869  Such fees shall be used solely for carrying out the local
 8870  government’s responsibilities in enforcing the Florida Building
 8871  Code. The authority of state enforcing agencies to set fees for
 8872  enforcement shall be derived from authority existing on July 1,
 8873  1998. However, nothing contained in this subsection shall
 8874  operate to limit such agencies from adjusting their fee schedule
 8875  in conformance with existing authority.
 8876         Section 277. Subsection (5) of section 561.19, Florida
 8877  Statutes, is amended to read:
 8878         561.19 License issuance upon approval of division.—
 8879         (5) A fee of $10,750 shall be collected from each person,
 8880  firm, or corporation that is issued a new liquor license subject
 8881  to the limitation imposed in s. 561.20(1) as provided in this
 8882  section. This initial license fee shall not be imposed on any
 8883  license renewal and shall be in addition to the license fees
 8884  imposed by s. 565.02. The revenues collected from the initial
 8885  license fee imposed by this subsection shall be deposited in the
 8886  Department of Children and Families’ Family Services’ Operations
 8887  and Maintenance Trust Fund to be used only for alcohol and drug
 8888  abuse education, treatment, and prevention programs.
 8889         Section 278. Paragraph (a) of subsection (2) of section
 8890  561.20, Florida Statutes, is amended to read:
 8891         561.20 Limitation upon number of licenses issued.—
 8892         (2)(a) No such limitation of the number of licenses as
 8893  herein provided shall henceforth prohibit the issuance of a
 8894  special license to:
 8895         1. Any bona fide hotel, motel, or motor court of not fewer
 8896  than 80 guest rooms in any county having a population of less
 8897  than 50,000 residents, and of not fewer than 100 guest rooms in
 8898  any county having a population of 50,000 residents or greater;
 8899  or any bona fide hotel or motel located in a historic structure,
 8900  as defined in s. 561.01(21), with fewer than 100 guest rooms
 8901  which derives at least 51 percent of its gross revenue from the
 8902  rental of hotel or motel rooms, which is licensed as a public
 8903  lodging establishment by the Division of Hotels and Restaurants;
 8904  provided, however, that a bona fide hotel or motel with no fewer
 8905  than 10 and no more than 25 guest rooms which is a historic
 8906  structure, as defined in s. 561.01(21), in a municipality that
 8907  on the effective date of this act has a population, according to
 8908  the University of Florida’s Bureau of Economic and Business
 8909  Research Estimates of Population for 1998, of no fewer than
 8910  25,000 and no more than 35,000 residents and that is within a
 8911  constitutionally chartered county may be issued a special
 8912  license. This special license shall allow the sale and
 8913  consumption of alcoholic beverages only on the licensed premises
 8914  of the hotel or motel. In addition, the hotel or motel must
 8915  derive at least 60 percent of its gross revenue from the rental
 8916  of hotel or motel rooms and the sale of food and nonalcoholic
 8917  beverages; provided that the provisions of this subparagraph
 8918  shall supersede local laws requiring a greater number of hotel
 8919  rooms;
 8920         2. Any condominium accommodation of which no fewer than 100
 8921  condominium units are wholly rentable to transients and which is
 8922  licensed under the provisions of chapter 509, except that the
 8923  license shall be issued only to the person or corporation which
 8924  operates the hotel or motel operation and not to the association
 8925  of condominium owners;
 8926         3. Any condominium accommodation of which no fewer than 50
 8927  condominium units are wholly rentable to transients, which is
 8928  licensed under the provisions of chapter 509, and which is
 8929  located in any county having home rule under s. 10 or s. 11,
 8930  Art. VIII of the State Constitution of 1885, as amended, and
 8931  incorporated by reference in s. 6(e), Art. VIII of the State
 8932  Constitution, except that the license shall be issued only to
 8933  the person or corporation which operates the hotel or motel
 8934  operation and not to the association of condominium owners;
 8935         4. Any restaurant having 2,500 square feet of service area
 8936  and equipped to serve 150 persons full course meals at tables at
 8937  one time, and deriving at least 51 percent of its gross revenue
 8938  from the sale of food and nonalcoholic beverages; however, no
 8939  restaurant granted a special license on or after January 1,
 8940  1958, pursuant to general or special law shall operate as a
 8941  package store, nor shall intoxicating beverages be sold under
 8942  such license after the hours of serving food have elapsed; or
 8943         5. Any caterer, deriving at least 51 percent of its gross
 8944  revenue from the sale of food and nonalcoholic beverages,
 8945  licensed by the Division of Hotels and Restaurants under chapter
 8946  509. Notwithstanding any other provision of law to the contrary,
 8947  a licensee under this subparagraph shall sell or serve alcoholic
 8948  beverages only for consumption on the premises of a catered
 8949  event at which the licensee is also providing prepared food, and
 8950  shall prominently display its license at any catered event at
 8951  which the caterer is selling or serving alcoholic beverages. A
 8952  licensee under this subparagraph shall purchase all alcoholic
 8953  beverages it sells or serves at a catered event from a vendor
 8954  licensed under s. 563.02(1), s. 564.02(1), or licensed under s.
 8955  565.02(1) subject to the limitation imposed in subsection (1),
 8956  as appropriate. A licensee under this subparagraph may not store
 8957  any alcoholic beverages to be sold or served at a catered event.
 8958  Any alcoholic beverages purchased by a licensee under this
 8959  subparagraph for a catered event that are not used at that event
 8960  must remain with the customer; provided that if the vendor
 8961  accepts unopened alcoholic beverages, the licensee may return
 8962  such alcoholic beverages to the vendor for a credit or
 8963  reimbursement. Regardless of the county or counties in which the
 8964  licensee operates, a licensee under this subparagraph shall pay
 8965  the annual state license tax set forth in s. 565.02(1)(b). A
 8966  licensee under this subparagraph must maintain for a period of 3
 8967  years all records required by the department by rule to
 8968  demonstrate compliance with the requirements of this
 8969  subparagraph, including licensed vendor receipts for the
 8970  purchase of alcoholic beverages and records identifying each
 8971  customer and the location and date of each catered event.
 8972  Notwithstanding any provision of law to the contrary, any vendor
 8973  licensed under s. 565.02(1) subject to the limitation imposed in
 8974  subsection (1), may, without any additional licensure under this
 8975  subparagraph, serve or sell alcoholic beverages for consumption
 8976  on the premises of a catered event at which prepared food is
 8977  provided by a caterer licensed under chapter 509. If a licensee
 8978  under this subparagraph also possesses any other license under
 8979  the Beverage Law, the license issued under this subparagraph
 8980  shall not authorize the holder to conduct activities on the
 8981  premises to which the other license or licenses apply that would
 8982  otherwise be prohibited by the terms of that license or the
 8983  Beverage Law. Nothing in this section shall permit the licensee
 8984  to conduct activities that are otherwise prohibited by the
 8985  Beverage Law or local law. The Division of Alcoholic Beverages
 8986  and Tobacco is hereby authorized to adopt rules to administer
 8987  the license created in this subparagraph, to include rules
 8988  governing licensure, recordkeeping, and enforcement. The first
 8989  $300,000 in fees collected by the division each fiscal year
 8990  pursuant to this subparagraph shall be deposited in the
 8991  Department of Children and Families’ Family Services’ Operations
 8992  and Maintenance Trust Fund to be used only for alcohol and drug
 8993  abuse education, treatment, and prevention programs. The
 8994  remainder of the fees collected shall be deposited into the
 8995  Hotel and Restaurant Trust Fund created pursuant to s. 509.072.
 8996  
 8997  However, any license heretofore issued to any such hotel, motel,
 8998  motor court, or restaurant or hereafter issued to any such
 8999  hotel, motel, or motor court, including a condominium
 9000  accommodation, under the general law shall not be moved to a new
 9001  location, such license being valid only on the premises of such
 9002  hotel, motel, motor court, or restaurant. Licenses issued to
 9003  hotels, motels, motor courts, or restaurants under the general
 9004  law and held by such hotels, motels, motor courts, or
 9005  restaurants on May 24, 1947, shall be counted in the quota
 9006  limitation contained in subsection (1). Any license issued for
 9007  any hotel, motel, or motor court under the provisions of this
 9008  law shall be issued only to the owner of the hotel, motel, or
 9009  motor court or, in the event the hotel, motel, or motor court is
 9010  leased, to the lessee of the hotel, motel, or motor court; and
 9011  the license shall remain in the name of the owner or lessee so
 9012  long as the license is in existence. Any special license now in
 9013  existence heretofore issued under the provisions of this law
 9014  cannot be renewed except in the name of the owner of the hotel,
 9015  motel, motor court, or restaurant or, in the event the hotel,
 9016  motel, motor court, or restaurant is leased, in the name of the
 9017  lessee of the hotel, motel, motor court, or restaurant in which
 9018  the license is located and must remain in the name of the owner
 9019  or lessee so long as the license is in existence. Any license
 9020  issued under this section shall be marked “Special,” and nothing
 9021  herein provided shall limit, restrict, or prevent the issuance
 9022  of a special license for any restaurant or motel which shall
 9023  hereafter meet the requirements of the law existing immediately
 9024  prior to the effective date of this act, if construction of such
 9025  restaurant has commenced prior to the effective date of this act
 9026  and is completed within 30 days thereafter, or if an application
 9027  is on file for such special license at the time this act takes
 9028  effect; and any such licenses issued under this proviso may be
 9029  annually renewed as now provided by law. Nothing herein prevents
 9030  an application for transfer of a license to a bona fide
 9031  purchaser of any hotel, motel, motor court, or restaurant by the
 9032  purchaser of such facility or the transfer of such license
 9033  pursuant to law.
 9034         Section 279. Paragraph (e) of subsection (3) of section
 9035  624.351, Florida Statutes, is amended to read:
 9036         624.351 Medicaid and Public Assistance Fraud Strike Force.—
 9037         (3) MEMBERSHIP.—The strike force shall consist of the
 9038  following 11 members or their designees. A designee shall serve
 9039  in the same capacity as the designating member:
 9040         (e) The Secretary of Children and Families Family Services.
 9041         Section 280. Paragraph (a) of subsection (6) of section
 9042  624.91, Florida Statutes, is amended to read:
 9043         624.91 The Florida Healthy Kids Corporation Act.—
 9044         (6) BOARD OF DIRECTORS.—
 9045         (a) The Florida Healthy Kids Corporation shall operate
 9046  subject to the supervision and approval of a board of directors
 9047  chaired by the Chief Financial Officer or her or his designee,
 9048  and composed of 12 other members selected for 3-year terms of
 9049  office as follows:
 9050         1. The Secretary of Health Care Administration, or his or
 9051  her designee.
 9052         2. One member appointed by the Commissioner of Education
 9053  from the Office of School Health Programs of the Florida
 9054  Department of Education.
 9055         3. One member appointed by the Chief Financial Officer from
 9056  among three members nominated by the Florida Pediatric Society.
 9057         4. One member, appointed by the Governor, who represents
 9058  the Children’s Medical Services Program.
 9059         5. One member appointed by the Chief Financial Officer from
 9060  among three members nominated by the Florida Hospital
 9061  Association.
 9062         6. One member, appointed by the Governor, who is an expert
 9063  on child health policy.
 9064         7. One member, appointed by the Chief Financial Officer,
 9065  from among three members nominated by the Florida Academy of
 9066  Family Physicians.
 9067         8. One member, appointed by the Governor, who represents
 9068  the state Medicaid program.
 9069         9. One member, appointed by the Chief Financial Officer,
 9070  from among three members nominated by the Florida Association of
 9071  Counties.
 9072         10. The State Health Officer or her or his designee.
 9073         11. The Secretary of Children and Families Family Services,
 9074  or his or her designee.
 9075         12. One member, appointed by the Governor, from among three
 9076  members nominated by the Florida Dental Association.
 9077         Section 281. Section 651.117, Florida Statutes, is amended
 9078  to read:
 9079         651.117 Order of liquidation; duties of the Department of
 9080  Children and Families Family Services and the Agency for Health
 9081  Care Administration.—Whenever an order of liquidation has been
 9082  entered against a provider, the receiver shall notify the
 9083  Department of Children and Families Family Services and the
 9084  Agency for Health Care Administration by sending to the
 9085  Department of Children and Families Family Services and the
 9086  Agency for Health Care Administration by certified mail a copy
 9087  of the order of liquidation. Upon receipt of any such order or
 9088  when requested by the receiver as being in the best interest of
 9089  the residents of a facility, in addition to any other duty of
 9090  the Department of Children and Families Family Services and the
 9091  Agency for Health Care Administration with respect to residents
 9092  of a facility, the Department of Children and Families Family
 9093  Services and the Agency for Health Care Administration shall
 9094  evaluate the status of the residents of the facility to
 9095  determine whether they are eligible for assistance or for
 9096  programs administered by the Department of Children and Families
 9097  Family Services and the Agency for Health Care Administration,
 9098  shall develop a plan of relocation with respect to residents
 9099  requesting assistance regarding relocation, and shall counsel
 9100  the residents regarding such eligibility and such relocation.
 9101         Section 282. Section 683.331, Florida Statutes, is amended
 9102  to read:
 9103         683.331 Child Welfare Professionals Recognition Day.
 9104  Beginning in May 2008, the Legislature designates the second
 9105  Monday in May as “Child Welfare Professionals Recognition Day”
 9106  to recognize the efforts of all professionals who work with
 9107  abused children and dysfunctional families. The Department of
 9108  Children and Families Family Services, local governments, and
 9109  other agencies are encouraged to sponsor events to promote
 9110  awareness of the child welfare system and the personnel who work
 9111  in the system.
 9112         Section 283. Paragraph (d) of subsection (1) of section
 9113  718.115, Florida Statutes, is amended to read:
 9114         718.115 Common expenses and common surplus.—
 9115         (1)
 9116         (d) If provided in the declaration, the cost of
 9117  communications services as defined in chapter 202, information
 9118  services, or Internet services obtained pursuant to a bulk
 9119  contract is a common expense. If the declaration does not
 9120  provide for the cost of such services as a common expense, the
 9121  board may enter into such a contract, and the cost of the
 9122  service will be a common expense. The cost for the services
 9123  under a bulk rate contract may be allocated on a per-unit basis
 9124  rather than a percentage basis if the declaration provides for
 9125  other than an equal sharing of common expenses, and any contract
 9126  entered into before July 1, 1998, in which the cost of the
 9127  service is not equally divided among all unit owners, may be
 9128  changed by vote of a majority of the voting interests present at
 9129  a regular or special meeting of the association, to allocate the
 9130  cost equally among all units. The contract must be for at least
 9131  2 years.
 9132         1. Any contract made by the board on or after July 1, 1998,
 9133  may be canceled by a majority of the voting interests present at
 9134  the next regular or special meeting of the association. Any
 9135  member may make a motion to cancel the contract, but if no
 9136  motion is made or if such motion fails to obtain the required
 9137  majority at the next regular or special meeting, whichever
 9138  occurs first, following the making of the contract, such
 9139  contract shall be deemed ratified for the term therein
 9140  expressed.
 9141         2. Such contract must provide, and is deemed to provide if
 9142  not expressly set forth, that any hearing-impaired or legally
 9143  blind unit owner who does not occupy the unit with a non
 9144  hearing-impaired or sighted person, or any unit owner receiving
 9145  supplemental security income under Title XVI of the Social
 9146  Security Act or food assistance as administered by the
 9147  Department of Children and Families Family Services pursuant to
 9148  s. 414.31, may discontinue the cable or video service without
 9149  incurring disconnect fees, penalties, or subsequent service
 9150  charges, and, as to such units, the owners are not required to
 9151  pay any common expenses charge related to such service. If fewer
 9152  than all members of an association share the expenses of cable
 9153  or video service, the expense shall be shared equally by all
 9154  participating unit owners. The association may use the
 9155  provisions of s. 718.116 to enforce payment of the shares of
 9156  such costs by the unit owners receiving cable or video service.
 9157         Section 284. Paragraph (b) of subsection (2) of section
 9158  720.309, Florida Statutes, is amended to read:
 9159         720.309 Agreements entered into by the association.—
 9160         (2) If the governing documents provide for the cost of
 9161  communications services as defined in s. 202.11, information
 9162  services or Internet services obtained pursuant to a bulk
 9163  contract shall be deemed an operating expense of the
 9164  association. If the governing documents do not provide for such
 9165  services, the board may contract for the services, and the cost
 9166  shall be deemed an operating expense of the association but must
 9167  be allocated on a per-parcel basis rather than a percentage
 9168  basis, notwithstanding that the governing documents provide for
 9169  other than an equal sharing of operating expenses. Any contract
 9170  entered into before July 1, 2011, in which the cost of the
 9171  service is not equally divided among all parcel owners may be
 9172  changed by a majority of the voting interests present at a
 9173  regular or special meeting of the association in order to
 9174  allocate the cost equally among all parcels.
 9175         (b) Any contract entered into by the board must provide,
 9176  and shall be deemed to provide if not expressly set forth
 9177  therein, that a hearing-impaired or legally blind parcel owner
 9178  who does not occupy the parcel with a non-hearing-impaired or
 9179  sighted person, or a parcel owner who receives supplemental
 9180  security income under Title XVI of the Social Security Act or
 9181  food assistance as administered by the Department of Children
 9182  and Families Family Services pursuant to s. 414.31, may
 9183  discontinue the service without incurring disconnect fees,
 9184  penalties, or subsequent service charges, and may not be
 9185  required to pay any operating expenses charge related to such
 9186  service for those parcels. If fewer than all parcel owners share
 9187  the expenses of the communications services, information
 9188  services, or Internet services, the expense must be shared by
 9189  all participating parcel owners. The association may use the
 9190  provisions of s. 720.3085 to enforce payment by the parcel
 9191  owners receiving such services.
 9192         Section 285. Subsection (2) of section 741.01, Florida
 9193  Statutes, is amended to read:
 9194         741.01 County court judge or clerk of the circuit court to
 9195  issue marriage license; fee.—
 9196         (2) The fee charged for each marriage license issued in the
 9197  state shall be increased by the sum of $25. This fee shall be
 9198  collected upon receipt of the application for the issuance of a
 9199  marriage license and remitted by the clerk to the Department of
 9200  Revenue for deposit in the Domestic Violence Trust Fund. The
 9201  Executive Office of the Governor shall establish a Domestic
 9202  Violence Trust Fund for the purpose of collecting and disbursing
 9203  funds generated from the increase in the marriage license fee.
 9204  Such funds which are generated shall be directed to the
 9205  Department of Children and Families Family Services for the
 9206  specific purpose of funding domestic violence centers, and the
 9207  funds shall be appropriated in a “grants-in-aid” category to the
 9208  Department of Children and Families Family Services for the
 9209  purpose of funding domestic violence centers. From the proceeds
 9210  of the surcharge deposited into the Domestic Violence Trust Fund
 9211  as required under s. 938.08, the Executive Office of the
 9212  Governor may spend up to $500,000 each year for the purpose of
 9213  administering a statewide public-awareness campaign regarding
 9214  domestic violence.
 9215         Section 286. Paragraph (a) of subsection (1) of section
 9216  741.29, Florida Statutes, is amended to read:
 9217         741.29 Domestic violence; investigation of incidents;
 9218  notice to victims of legal rights and remedies; reporting.—
 9219         (1) Any law enforcement officer who investigates an alleged
 9220  incident of domestic violence shall assist the victim to obtain
 9221  medical treatment if such is required as a result of the alleged
 9222  incident to which the officer responds. Any law enforcement
 9223  officer who investigates an alleged incident of domestic
 9224  violence shall advise the victim of such violence that there is
 9225  a domestic violence center from which the victim may receive
 9226  services. The law enforcement officer shall give the victim
 9227  immediate notice of the legal rights and remedies available on a
 9228  standard form developed and distributed by the department. As
 9229  necessary, the department shall revise the Legal Rights and
 9230  Remedies Notice to Victims to include a general summary of s.
 9231  741.30 using simple English as well as Spanish, and shall
 9232  distribute the notice as a model form to be used by all law
 9233  enforcement agencies throughout the state. The notice shall
 9234  include:
 9235         (a) The resource listing, including telephone number, for
 9236  the area domestic violence center designated by the Department
 9237  of Children and Families Family Services; and
 9238         Section 287. Subsections (3) and (4) of section 742.107,
 9239  Florida Statutes, are amended to read:
 9240         742.107 Determining paternity of child with mother under 16
 9241  years of age when impregnated.—
 9242         (3) Whenever the information provided by a mother who was
 9243  impregnated while under 16 years of age indicates that the
 9244  alleged father of the child was 21 years of age or older at the
 9245  time of conception of the child, the Department of Revenue or
 9246  the Department of Children and Families Family Services shall
 9247  advise the applicant or recipient of public assistance that she
 9248  is required to cooperate with law enforcement officials in the
 9249  prosecution of the alleged father.
 9250         (4) When the information provided by the applicant or
 9251  recipient who was impregnated while under age 16 indicates that
 9252  such person is the victim of child abuse as provided in s.
 9253  827.04(3), the Department of Revenue or the Department of
 9254  Children and Families Family Services shall notify the county
 9255  sheriff’s office or other appropriate agency or official and
 9256  provide information needed to protect the child’s health or
 9257  welfare.
 9258         Section 288. Section 743.045, Florida Statutes, is amended
 9259  to read:
 9260         743.045 Removal of disabilities of minors; executing
 9261  contracts for a residential lease.—For the sole purpose of
 9262  ensuring that a youth in foster care will be able to execute a
 9263  contract for the lease of residential property upon the youth’s
 9264  18th birthday, the disability of nonage of minors is removed for
 9265  all youth who have reached 17 years of age, have been
 9266  adjudicated dependent, and are in the legal custody of the
 9267  Department of Children and Families Family Services through
 9268  foster care or subsidized independent living. These youth are
 9269  authorized to make and execute contracts, releases, and all
 9270  other instruments necessary for the purpose of entering into a
 9271  contract for the lease of residential property upon the youth’s
 9272  18th birthday. The contracts or other instruments made by the
 9273  youth shall have the same effect as though they were the
 9274  obligations of persons who were not minors. A youth seeking to
 9275  enter into such lease contracts or execute other necessary
 9276  instruments that are incidental to entering into a lease must
 9277  present an order from a court of competent jurisdiction removing
 9278  the disabilities of nonage of the minor under this section.
 9279         Section 289. Section 743.046, Florida Statutes, is amended
 9280  to read:
 9281         743.046 Removal of disabilities of minors; executing
 9282  agreements for utility services.—For the sole purpose of
 9283  ensuring that a youth in foster care will be able to secure
 9284  utility services at a residential property upon the youth’s 18th
 9285  birthday, the disability of nonage of minors is removed for all
 9286  youth who have reached 17 years of age, have been adjudicated
 9287  dependent, and are in the legal custody of the Department of
 9288  Children and Families Family Services through foster care or
 9289  subsidized independent living. These youth are authorized to
 9290  make and execute contracts, agreements, releases, and all other
 9291  instruments necessary for the purpose of securing utility
 9292  services at a residential property upon the youth’s 18th
 9293  birthday. The contracts or other agreements made by the youth
 9294  shall have the same effect as though they were the obligations
 9295  of persons who were not minors. A youth seeking to enter into
 9296  such contracts or agreements or execute other necessary
 9297  instruments that are incidental to securing utility services
 9298  must present an order from a court of competent jurisdiction
 9299  removing the disabilities of nonage of the minor under this
 9300  section.
 9301         Section 290. Subsections (2), (3), and (6) of section
 9302  743.0645, Florida Statutes, are amended to read:
 9303         743.0645 Other persons who may consent to medical care or
 9304  treatment of a minor.—
 9305         (2) Any of the following persons, in order of priority
 9306  listed, may consent to the medical care or treatment of a minor
 9307  who is not committed to the Department of Children and Families
 9308  Family Services or the Department of Juvenile Justice or in
 9309  their custody under chapter 39, chapter 984, or chapter 985
 9310  when, after a reasonable attempt, a person who has the power to
 9311  consent as otherwise provided by law cannot be contacted by the
 9312  treatment provider and actual notice to the contrary has not
 9313  been given to the provider by that person:
 9314         (a) A person who possesses a power of attorney to provide
 9315  medical consent for the minor. A power of attorney executed
 9316  after July 1, 2001, to provide medical consent for a minor
 9317  includes the power to consent to medically necessary surgical
 9318  and general anesthesia services for the minor unless such
 9319  services are excluded by the individual executing the power of
 9320  attorney.
 9321         (b) The stepparent.
 9322         (c) The grandparent of the minor.
 9323         (d) An adult brother or sister of the minor.
 9324         (e) An adult aunt or uncle of the minor.
 9325  
 9326  There shall be maintained in the treatment provider’s records of
 9327  the minor documentation that a reasonable attempt was made to
 9328  contact the person who has the power to consent.
 9329         (3) The Department of Children and Families Family Services
 9330  or the Department of Juvenile Justice caseworker, juvenile
 9331  probation officer, or person primarily responsible for the case
 9332  management of the child, the administrator of any facility
 9333  licensed by the department under s. 393.067, s. 394.875, or s.
 9334  409.175, or the administrator of any state-operated or state
 9335  contracted delinquency residential treatment facility may
 9336  consent to the medical care or treatment of any minor committed
 9337  to it or in its custody under chapter 39, chapter 984, or
 9338  chapter 985, when the person who has the power to consent as
 9339  otherwise provided by law cannot be contacted and such person
 9340  has not expressly objected to such consent. There shall be
 9341  maintained in the records of the minor documentation that a
 9342  reasonable attempt was made to contact the person who has the
 9343  power to consent as otherwise provided by law.
 9344         (6) The Department of Children and Families Family Services
 9345  and the Department of Juvenile Justice may adopt rules to
 9346  implement this section.
 9347         Section 291. Paragraph (c) of subsection (4) of section
 9348  744.1075, Florida Statutes, is amended to read:
 9349         744.1075 Emergency court monitor.—
 9350         (4)
 9351         (c) Following a hearing on the order to show cause, the
 9352  court may impose sanctions on the guardian or his or her
 9353  attorney or other respondent or take any other action authorized
 9354  by law, including entering a judgment of contempt; ordering an
 9355  accounting; freezing assets; referring the case to local law
 9356  enforcement agencies or the state attorney; filing an abuse,
 9357  neglect, or exploitation complaint with the Department of
 9358  Children and Families Family Services; or initiating proceedings
 9359  to remove the guardian.
 9360  
 9361  Nothing in this subsection shall be construed to preclude the
 9362  mandatory reporting requirements of chapter 39.
 9363         Section 292. Subsection (2) of section 753.01, Florida
 9364  Statutes, is amended to read:
 9365         753.01 Definitions.—As used in this chapter, the term:
 9366         (2) “Department” means the Department of Children and
 9367  Families Family Services.
 9368         Section 293. Subsection (4) of section 765.110, Florida
 9369  Statutes, is amended to read:
 9370         765.110 Health care facilities and providers; discipline.—
 9371         (4) The Department of Elderly Affairs for hospices and, in
 9372  consultation with the Department of Elderly Affairs, the
 9373  Department of Health for health care providers; the Agency for
 9374  Health Care Administration for hospitals, nursing homes, home
 9375  health agencies, and health maintenance organizations; and the
 9376  Department of Children and Families Family Services for
 9377  facilities subject to part I of chapter 394 shall adopt rules to
 9378  implement the provisions of the section.
 9379         Section 294. Paragraph (a) of subsection (1) of section
 9380  766.101, Florida Statutes, is amended to read:
 9381         766.101 Medical review committee, immunity from liability.—
 9382         (1) As used in this section:
 9383         (a) The term “medical review committee” or “committee”
 9384  means:
 9385         1.a. A committee of a hospital or ambulatory surgical
 9386  center licensed under chapter 395 or a health maintenance
 9387  organization certificated under part I of chapter 641,
 9388         b. A committee of a physician-hospital organization, a
 9389  provider-sponsored organization, or an integrated delivery
 9390  system,
 9391         c. A committee of a state or local professional society of
 9392  health care providers,
 9393         d. A committee of a medical staff of a licensed hospital or
 9394  nursing home, provided the medical staff operates pursuant to
 9395  written bylaws that have been approved by the governing board of
 9396  the hospital or nursing home,
 9397         e. A committee of the Department of Corrections or the
 9398  Correctional Medical Authority as created under s. 945.602, or
 9399  employees, agents, or consultants of either the department or
 9400  the authority or both,
 9401         f. A committee of a professional service corporation formed
 9402  under chapter 621 or a corporation organized under chapter 607
 9403  or chapter 617, which is formed and operated for the practice of
 9404  medicine as defined in s. 458.305(3), and which has at least 25
 9405  health care providers who routinely provide health care services
 9406  directly to patients,
 9407         g. A committee of the Department of Children and Families
 9408  Family Services which includes employees, agents, or consultants
 9409  to the department as deemed necessary to provide peer review,
 9410  utilization review, and mortality review of treatment services
 9411  provided pursuant to chapters 394, 397, and 916,
 9412         h. A committee of a mental health treatment facility
 9413  licensed under chapter 394 or a community mental health center
 9414  as defined in s. 394.907, provided the quality assurance program
 9415  operates pursuant to the guidelines which have been approved by
 9416  the governing board of the agency,
 9417         i. A committee of a substance abuse treatment and education
 9418  prevention program licensed under chapter 397 provided the
 9419  quality assurance program operates pursuant to the guidelines
 9420  which have been approved by the governing board of the agency,
 9421         j. A peer review or utilization review committee organized
 9422  under chapter 440,
 9423         k. A committee of the Department of Health, a county health
 9424  department, healthy start coalition, or certified rural health
 9425  network, when reviewing quality of care, or employees of these
 9426  entities when reviewing mortality records, or
 9427         l. A continuous quality improvement committee of a pharmacy
 9428  licensed pursuant to chapter 465,
 9429  
 9430  which committee is formed to evaluate and improve the quality of
 9431  health care rendered by providers of health service, to
 9432  determine that health services rendered were professionally
 9433  indicated or were performed in compliance with the applicable
 9434  standard of care, or that the cost of health care rendered was
 9435  considered reasonable by the providers of professional health
 9436  services in the area; or
 9437         2. A committee of an insurer, self-insurer, or joint
 9438  underwriting association of medical malpractice insurance, or
 9439  other persons conducting review under s. 766.106.
 9440         Section 295. Paragraph (b) of subsection (2) of section
 9441  775.0837, Florida Statutes, is amended to read:
 9442         775.0837 Habitual misdemeanor offenders.—
 9443         (2) If the court finds that a defendant before the court
 9444  for sentencing for a misdemeanor is a habitual misdemeanor
 9445  offender, the court shall, unless the court makes a finding that
 9446  an alternative disposition is in the best interests of the
 9447  community and defendant, sentence the defendant as a habitual
 9448  misdemeanor offender and impose one of the following sentences:
 9449         (b) Commitment to a residential treatment program for not
 9450  less than 6 months, but not to exceed 364 days, provided that
 9451  the treatment program is operated by the county or a private
 9452  vendor with which the county has contracted to operate such
 9453  program, or by a private vendor under contract with the state or
 9454  licensed by the state to operate such program, and provided that
 9455  any referral to a residential treatment facility is in
 9456  accordance with the assessment criteria for residential
 9457  treatment established by the Department of Children and Families
 9458  Family Services, and that residential treatment beds are
 9459  available or other community-based treatment program or a
 9460  combination of residential and community-based program; or
 9461  
 9462  The court may not sentence a defendant under this subsection if
 9463  the misdemeanor offense before the court for sentencing has been
 9464  reclassified as a felony as a result of any prior qualifying
 9465  misdemeanor.
 9466         Section 296. Paragraph (b) of subsection (1) and paragraph
 9467  (b) of subsection (2) of section 775.16, Florida Statutes, are
 9468  amended to read:
 9469         775.16 Drug offenses; additional penalties.—In addition to
 9470  any other penalty provided by law, a person who has been
 9471  convicted of sale of or trafficking in, or conspiracy to sell or
 9472  traffic in, a controlled substance under chapter 893, if such
 9473  offense is a felony, or who has been convicted of an offense
 9474  under the laws of any state or country which, if committed in
 9475  this state, would constitute the felony of selling or
 9476  trafficking in, or conspiracy to sell or traffic in, a
 9477  controlled substance under chapter 893, is:
 9478         (1) Disqualified from applying for employment by any agency
 9479  of the state, unless:
 9480         (b) The person has complied with the conditions of
 9481  subparagraphs 1. and 2. which shall be monitored by the
 9482  Department of Corrections while the person is under any
 9483  supervisory sanctions. The person under supervision may:
 9484         1. Seek evaluation and enrollment in, and once enrolled
 9485  maintain enrollment in until completion, a drug treatment and
 9486  rehabilitation program which is approved by the Department of
 9487  Children and Families Family Services, unless it is deemed by
 9488  the program that the person does not have a substance abuse
 9489  problem. The treatment and rehabilitation program may be
 9490  specified by:
 9491         a. The court, in the case of court-ordered supervisory
 9492  sanctions;
 9493         b. The Parole Commission, in the case of parole, control
 9494  release, or conditional release; or
 9495         c. The Department of Corrections, in the case of
 9496  imprisonment or any other supervision required by law.
 9497         2. Submit to periodic urine drug testing pursuant to
 9498  procedures prescribed by the Department of Corrections. If the
 9499  person is indigent, the costs shall be paid by the Department of
 9500  Corrections.
 9501         (2) Disqualified from applying for a license, permit, or
 9502  certificate required by any agency of the state to practice,
 9503  pursue, or engage in any occupation, trade, vocation,
 9504  profession, or business, unless:
 9505         (b) The person has complied with the conditions of
 9506  subparagraphs 1. and 2. which shall be monitored by the
 9507  Department of Corrections while the person is under any
 9508  supervisory sanction. If the person fails to comply with
 9509  provisions of these subparagraphs by either failing to maintain
 9510  treatment or by testing positive for drug use, the department
 9511  shall notify the licensing, permitting, or certifying agency,
 9512  which may refuse to reissue or reinstate such license, permit,
 9513  or certification. The licensee, permittee, or certificateholder
 9514  under supervision may:
 9515         1. Seek evaluation and enrollment in, and once enrolled
 9516  maintain enrollment in until completion, a drug treatment and
 9517  rehabilitation program which is approved or regulated by the
 9518  Department of Children and Families Family Services, unless it
 9519  is deemed by the program that the person does not have a
 9520  substance abuse problem. The treatment and rehabilitation
 9521  program may be specified by:
 9522         a. The court, in the case of court-ordered supervisory
 9523  sanctions;
 9524         b. The Parole Commission, in the case of parole, control
 9525  release, or conditional release; or
 9526         c. The Department of Corrections, in the case of
 9527  imprisonment or any other supervision required by law.
 9528         2. Submit to periodic urine drug testing pursuant to
 9529  procedures prescribed by the Department of Corrections. If the
 9530  person is indigent, the costs shall be paid by the Department of
 9531  Corrections; or
 9532  
 9533  The provisions of this section do not apply to any of the taxes,
 9534  fees, or permits regulated, controlled, or administered by the
 9535  Department of Revenue in accordance with the provisions of s.
 9536  213.05.
 9537         Section 297. Paragraph (a) of subsection (11) of section
 9538  784.046, Florida Statutes, is amended to read:
 9539         784.046 Action by victim of repeat violence, sexual
 9540  violence, or dating violence for protective injunction; dating
 9541  violence investigations, notice to victims, and reporting;
 9542  pretrial release violations; public records exemption.—
 9543         (11) Any law enforcement officer who investigates an
 9544  alleged incident of dating violence shall assist the victim to
 9545  obtain medical treatment if such is required as a result of the
 9546  alleged incident to which the officer responds. Any law
 9547  enforcement officer who investigates an alleged incident of
 9548  dating violence shall advise the victim of such violence that
 9549  there is a domestic violence center from which the victim may
 9550  receive services. The law enforcement officer shall give the
 9551  victim immediate notice of the legal rights and remedies
 9552  available on a standard form developed and distributed by the
 9553  Department of Law Enforcement. As necessary, the Department of
 9554  Law Enforcement shall revise the Legal Rights and Remedies
 9555  Notice to Victims to include a general summary of this section,
 9556  using simple English as well as Spanish, and shall distribute
 9557  the notice as a model form to be used by all law enforcement
 9558  agencies throughout the state. The notice shall include:
 9559         (a) The resource listing, including telephone number, for
 9560  the area domestic violence center designated by the Department
 9561  of Children and Families Family Services; and
 9562         Section 298. Subsection (2) of section 784.074, Florida
 9563  Statutes, is amended to read:
 9564         784.074 Assault or battery on sexually violent predators
 9565  detention or commitment facility staff; reclassification of
 9566  offenses.—
 9567         (2) For purposes of this section, a staff member of the
 9568  facilities listed includes persons employed by the Department of
 9569  Children and Families Family Services, persons employed at
 9570  facilities licensed by the Department of Children and Families
 9571  Family Services, and persons employed at facilities operated
 9572  under a contract with the Department of Children and Families
 9573  Family Services.
 9574         Section 299. Subsection (2) of section 784.081, Florida
 9575  Statutes, is amended to read:
 9576         784.081 Assault or battery on specified officials or
 9577  employees; reclassification of offenses.—
 9578         (2) Whenever a person is charged with committing an assault
 9579  or aggravated assault or a battery or aggravated battery upon
 9580  any elected official or employee of: a school district; a
 9581  private school; the Florida School for the Deaf and the Blind; a
 9582  university lab school; a state university or any other entity of
 9583  the state system of public education, as defined in s. 1000.04;
 9584  a sports official; an employee or protective investigator of the
 9585  Department of Children and Families Family Services; an employee
 9586  of a lead community-based provider and its direct service
 9587  contract providers; or an employee of the Department of Health
 9588  or its direct service contract providers, when the person
 9589  committing the offense knows or has reason to know the identity
 9590  or position or employment of the victim, the offense for which
 9591  the person is charged shall be reclassified as follows:
 9592         (a) In the case of aggravated battery, from a felony of the
 9593  second degree to a felony of the first degree.
 9594         (b) In the case of aggravated assault, from a felony of the
 9595  third degree to a felony of the second degree.
 9596         (c) In the case of battery, from a misdemeanor of the first
 9597  degree to a felony of the third degree.
 9598         (d) In the case of assault, from a misdemeanor of the
 9599  second degree to a misdemeanor of the first degree.
 9600         Section 300. Paragraph (d) of subsection (1) of section
 9601  787.06, Florida Statutes, is amended to read:
 9602         787.06 Human trafficking.—
 9603         (1)
 9604         (d) It is the intent of the Legislature that the
 9605  perpetrators of human trafficking be penalized for their illegal
 9606  conduct and that the victims of trafficking be protected and
 9607  assisted by this state and its agencies. In furtherance of this
 9608  policy, it is the intent of the Legislature that the state
 9609  Supreme Court, The Florida Bar, and relevant state agencies
 9610  prepare and implement training programs in order that judges,
 9611  attorneys, law enforcement personnel, investigators, and others
 9612  are able to identify traffickers and victims of human
 9613  trafficking and direct victims to appropriate agencies for
 9614  assistance. It is the intent of the Legislature that the
 9615  Department of Children and Families Family Services and other
 9616  state agencies cooperate with other state and federal agencies
 9617  to ensure that victims of human trafficking can access social
 9618  services and benefits to alleviate their plight.
 9619         Section 301. Subsection (6) of section 796.07, Florida
 9620  Statutes, is amended to read:
 9621         796.07 Prohibiting prostitution and related acts.—
 9622         (6) A person who violates paragraph (2)(f) shall be
 9623  assessed a civil penalty of $5,000 if the violation results in
 9624  any judicial disposition other than acquittal or dismissal. Of
 9625  the proceeds from each penalty assessed under this subsection,
 9626  the first $500 shall be paid to the circuit court administrator
 9627  for the sole purpose of paying the administrative costs of
 9628  treatment-based drug court programs provided under s. 397.334.
 9629  The remainder of the penalty assessed shall be deposited in the
 9630  Operations and Maintenance Trust Fund of the Department of
 9631  Children and Families Family Services for the sole purpose of
 9632  funding safe houses and short-term safe houses as provided in s.
 9633  409.1678.
 9634         Section 302. Paragraph (a) of subsection (2) of section
 9635  817.505, Florida Statutes, is amended to read:
 9636         817.505 Patient brokering prohibited; exceptions;
 9637  penalties.—
 9638         (2) For the purposes of this section, the term:
 9639         (a) “Health care provider or health care facility” means
 9640  any person or entity licensed, certified, or registered;
 9641  required to be licensed, certified, or registered; or lawfully
 9642  exempt from being required to be licensed, certified, or
 9643  registered with the Agency for Health Care Administration or the
 9644  Department of Health; any person or entity that has contracted
 9645  with the Agency for Health Care Administration to provide goods
 9646  or services to Medicaid recipients as provided under s. 409.907;
 9647  a county health department established under part I of chapter
 9648  154; any community service provider contracting with the
 9649  Department of Children and Families Family Services to furnish
 9650  alcohol, drug abuse, or mental health services under part IV of
 9651  chapter 394; any substance abuse service provider licensed under
 9652  chapter 397; or any federally supported primary care program
 9653  such as a migrant or community health center authorized under
 9654  ss. 329 and 330 of the United States Public Health Services Act.
 9655         Section 303. Paragraph (c) of subsection (2) of section
 9656  839.13, Florida Statutes, is amended to read:
 9657         839.13 Falsifying records.—
 9658         (2)
 9659         (c) Any person who knowingly falsifies, alters, destroys,
 9660  defaces, overwrites, removes, or discards records of the
 9661  Department of Children and Families Family Services or its
 9662  contract provider with the intent to conceal a fact material to
 9663  a child abuse protective investigation, protective supervision,
 9664  foster care and related services, or a protective investigation
 9665  or protective supervision of a vulnerable adult, as defined in
 9666  chapter 39, chapter 409, or chapter 415, commits a felony of the
 9667  third degree, punishable as provided in s. 775.082, s. 775.083,
 9668  or s. 775.084. Nothing in this paragraph prohibits prosecution
 9669  for a violation of paragraph (a) or paragraph (b) involving
 9670  records described in this paragraph.
 9671         Section 304. Subsection (5) of section 877.111, Florida
 9672  Statutes, is amended to read:
 9673         877.111 Inhalation, ingestion, possession, sale, purchase,
 9674  or transfer of harmful chemical substances; penalties.—
 9675         (5) Any person who violates any of the provisions of this
 9676  section may, in the discretion of the trial judge, be required
 9677  to participate in a substance abuse services program approved or
 9678  regulated by the Department of Children and Families Family
 9679  Services pursuant to the provisions of chapter 397, provided the
 9680  director of the program approves the placement of the defendant
 9681  in the program. Such required participation may be imposed in
 9682  addition to, or in lieu of, any penalty or probation otherwise
 9683  prescribed by law. However, the total time of such penalty,
 9684  probation, and program participation shall not exceed the
 9685  maximum length of sentence possible for the offense.
 9686         Section 305. Paragraph (a) of subsection (1) of section
 9687  893.11, Florida Statutes, is amended to read:
 9688         893.11 Suspension, revocation, and reinstatement of
 9689  business and professional licenses.—For the purposes of s.
 9690  120.60(6), any conviction in any court reported to the
 9691  Comprehensive Case Information System of the Florida Association
 9692  of Court Clerks and Comptrollers, Inc., for the sale of, or
 9693  trafficking in, a controlled substance or for conspiracy to
 9694  sell, or traffic in, a controlled substance constitutes an
 9695  immediate serious danger to the public health, safety, or
 9696  welfare, and is grounds for disciplinary action by the licensing
 9697  state agency. A state agency shall initiate an immediate
 9698  emergency suspension of an individual professional license
 9699  issued by the agency, in compliance with the procedures for
 9700  summary suspensions in s. 120.60(6), upon the agency’s findings
 9701  of the licensee’s conviction in any court reported to the
 9702  Comprehensive Case Information System of the Florida Association
 9703  of Court Clerks and Comptrollers, Inc., for the sale of, or
 9704  trafficking in, a controlled substance, or for conspiracy to
 9705  sell, or traffic in, a controlled substance. Before renewing any
 9706  professional license, a state agency that issues a professional
 9707  license must use the Comprehensive Case Information System of
 9708  the Florida Association of Court Clerks and Comptrollers, Inc.,
 9709  to obtain information relating to any conviction for the sale
 9710  of, or trafficking in, a controlled substance or for conspiracy
 9711  to sell, or traffic in, a controlled substance. The clerk of
 9712  court shall provide electronic access to each state agency at no
 9713  cost and also provide certified copies of the judgment upon
 9714  request to the agency. Upon a showing by any such convicted
 9715  defendant whose professional license has been suspended or
 9716  revoked pursuant to this section that his or her civil rights
 9717  have been restored or upon a showing that the convicted
 9718  defendant meets the following criteria, the agency head may
 9719  reinstate or reactivate such license when:
 9720         (1) The person has complied with the conditions of
 9721  paragraphs (a) and (b) which shall be monitored by the
 9722  Department of Corrections while the person is under any
 9723  supervisory sanction. If the person fails to comply with
 9724  provisions of these paragraphs by either failing to maintain
 9725  treatment or by testing positive for drug use, the department
 9726  shall notify the licensing agency, which shall revoke the
 9727  license. The person under supervision may:
 9728         (a) Seek evaluation and enrollment in, and once enrolled
 9729  maintain enrollment in until completion, a drug treatment and
 9730  rehabilitation program which is approved or regulated by the
 9731  Department of Children and Families Family Services. The
 9732  treatment and rehabilitation program shall be specified by:
 9733         1. The court, in the case of court-ordered supervisory
 9734  sanctions;
 9735         2. The Parole Commission, in the case of parole, control
 9736  release, or conditional release; or
 9737         3. The Department of Corrections, in the case of
 9738  imprisonment or any other supervision required by law.
 9739         Section 306. Section 893.15, Florida Statutes, is amended
 9740  to read:
 9741         893.15 Rehabilitation.—Any person who violates s.
 9742  893.13(6)(a) or (b) relating to possession may, in the
 9743  discretion of the trial judge, be required to participate in a
 9744  substance abuse services program approved or regulated by the
 9745  Department of Children and Families Family Services pursuant to
 9746  the provisions of chapter 397, provided the director of such
 9747  program approves the placement of the defendant in such program.
 9748  Such required participation shall be imposed in addition to any
 9749  penalty or probation otherwise prescribed by law. However, the
 9750  total time of such penalty, probation, and program participation
 9751  shall not exceed the maximum length of sentence possible for the
 9752  offense.
 9753         Section 307. Subsection (1) and paragraph (b) of subsection
 9754  (3) of section 893.165, Florida Statutes, are amended to read:
 9755         893.165 County alcohol and other drug abuse treatment or
 9756  education trust funds.—
 9757         (1) Counties in which there is established or in existence
 9758  a comprehensive alcohol and other drug abuse treatment or
 9759  education program which meets the standards for qualification of
 9760  such programs by the Department of Children and Families Family
 9761  Services are authorized to establish a County Alcohol and Other
 9762  Drug Abuse Trust Fund for the purpose of receiving the
 9763  assessments collected pursuant to s. 938.23 and disbursing
 9764  assistance grants on an annual basis to such alcohol and other
 9765  drug abuse treatment or education program.
 9766         (3)
 9767         (b) Assessments collected by clerks of circuit courts
 9768  having more than one county in the circuit, for any county in
 9769  the circuit which does not have a County Alcohol and Other Drug
 9770  Abuse Trust Fund, shall be remitted to the Department of
 9771  Children and Families Family Services, in accordance with
 9772  administrative rules adopted, for deposit into the department’s
 9773  Grants and Donations Trust Fund for distribution pursuant to the
 9774  guidelines and priorities developed by the department.
 9775         Section 308. Subsection (1) of section 916.105, Florida
 9776  Statutes, is amended to read:
 9777         916.105 Legislative intent.—
 9778         (1) It is the intent of the Legislature that the Department
 9779  of Children and Families Family Services and the Agency for
 9780  Persons with Disabilities, as appropriate, establish, locate,
 9781  and maintain separate and secure forensic facilities and
 9782  programs for the treatment or training of defendants who have
 9783  been charged with a felony and who have been found to be
 9784  incompetent to proceed due to their mental illness, intellectual
 9785  disability, or autism, or who have been acquitted of a felony by
 9786  reason of insanity, and who, while still under the jurisdiction
 9787  of the committing court, are committed to the department or
 9788  agency under this chapter. Such facilities must be sufficient to
 9789  accommodate the number of defendants committed under the
 9790  conditions noted above. Except for those defendants found by the
 9791  department or agency to be appropriate for treatment or training
 9792  in a civil facility or program pursuant to subsection (3),
 9793  forensic facilities must be designed and administered so that
 9794  ingress and egress, together with other requirements of this
 9795  chapter, may be strictly controlled by staff responsible for
 9796  security in order to protect the defendant, facility personnel,
 9797  other clients, and citizens in adjacent communities.
 9798         Section 309. Subsection (7) of section 916.106, Florida
 9799  Statutes, is amended to read:
 9800         916.106 Definitions.—For the purposes of this chapter, the
 9801  term:
 9802         (7) “Department” means the Department of Children and
 9803  Families Family Services. The department is responsible for the
 9804  treatment of forensic clients who have been determined
 9805  incompetent to proceed due to mental illness or who have been
 9806  acquitted of a felony by reason of insanity.
 9807         Section 310. Paragraph (d) of subsection (3) of section
 9808  921.0022, Florida Statutes, is amended to read:
 9809         921.0022 Criminal Punishment Code; offense severity ranking
 9810  chart.—
 9811         (3) OFFENSE SEVERITY RANKING CHART
 9812         (d) LEVEL 4
 9813  
 9814  FloridaStatute               FelonyDegree         Description        
 9815  316.1935(3)(a)                    2nd     Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
 9816  499.0051(1)                       3rd     Failure to maintain or deliver pedigree papers.
 9817  499.0051(2)                       3rd     Failure to authenticate pedigree papers.
 9818  499.0051(6)                       2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
 9819  517.07(1)                         3rd     Failure to register securities.
 9820  517.12(1)                         3rd     Failure of dealer, associated person, or issuer of securities to register.
 9821  784.07(2)(b)                      3rd     Battery of law enforcement officer, firefighter, etc.
 9822  784.074(1)(c)                     3rd     Battery of sexually violent predators facility staff.
 9823  784.075                           3rd     Battery on detention or commitment facility staff.
 9824  784.078                           3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
 9825  784.08(2)(c)                      3rd     Battery on a person 65 years of age or older.
 9826  784.081(3)                        3rd     Battery on specified official or employee.
 9827  784.082(3)                        3rd     Battery by detained person on visitor or other detainee.
 9828  784.083(3)                        3rd     Battery on code inspector. 
 9829  784.085                           3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
 9830  787.03(1)                         3rd     Interference with custody; wrongly takes minor from appointed guardian.
 9831  787.04(2)                         3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
 9832  787.04(3)                         3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
 9833  787.07                            3rd     Human smuggling.           
 9834  790.115(1)                        3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
 9835  790.115(2)(b)                     3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
 9836  790.115(2)(c)                     3rd     Possessing firearm on school property.
 9837  800.04(7)(c)                      3rd     Lewd or lascivious exhibition; offender less than 18 years.
 9838  810.02(4)(a)                      3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
 9839  810.02(4)(b)                      3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
 9840  810.06                            3rd     Burglary; possession of tools.
 9841  810.08(2)(c)                      3rd     Trespass on property, armed with firearm or dangerous weapon.
 9842  812.014(2)(c)3.                   3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
 9843  812.014 (2)(c)4.-10.              3rd     Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
 9844  812.0195(2)                       3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
 9845  817.563(1)                        3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
 9846  817.568(2)(a)                     3rd     Fraudulent use of personal identification information.
 9847  817.625(2)(a)                     3rd     Fraudulent use of scanning device or reencoder.
 9848  828.125(1)                        2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
 9849  837.02(1)                         3rd     Perjury in official proceedings.
 9850  837.021(1)                        3rd     Make contradictory statements in official proceedings.
 9851  838.022                           3rd     Official misconduct.       
 9852  839.13(2)(a)                      3rd     Falsifying records of an individual in the care and custody of a state agency.
 9853  839.13(2)(c)                      3rd     Falsifying records of the Department of Children and Families Family Services.
 9854  843.021                           3rd     Possession of a concealed handcuff key by a person in custody.
 9855  843.025                           3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
 9856  843.15(1)(a)                      3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
 9857  847.0135(5)(c)                    3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
 9858  874.05(1)(a)                      3rd     Encouraging or recruiting another to join a criminal gang.
 9859  893.13(2)(a)1.                    2nd     Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
 9860  914.14(2)                         3rd     Witnesses accepting bribes.
 9861  914.22(1)                         3rd     Force, threaten, etc., witness, victim, or informant.
 9862  914.23(2)                         3rd     Retaliation against a witness, victim, or informant, no bodily injury.
 9863  918.12                            3rd     Tampering with jurors.     
 9864  934.215                           3rd     Use of two-way communications device to facilitate commission of a crime.
 9865  
 9866         Section 311. Paragraph (a) of subsection (4) of section
 9867  937.021, Florida Statutes, is amended to read:
 9868         937.021 Missing child and missing adult reports.—
 9869         (4)(a) Upon the filing of a police report that a child is
 9870  missing by the parent or guardian, the Department of Children
 9871  and Families Family Services, a community-based care provider,
 9872  or a sheriff’s office providing investigative services for the
 9873  department, the law enforcement agency receiving the report
 9874  shall immediately inform all on-duty law enforcement officers of
 9875  the missing child report, communicate the report to every other
 9876  law enforcement agency having jurisdiction in the county, and
 9877  within 2 hours after receipt of the report, transmit the report
 9878  for inclusion within the Florida Crime Information Center and
 9879  the National Crime Information Center databases. A law
 9880  enforcement agency may not require a reporter to present an
 9881  order that a child be taken into custody or any other such order
 9882  before accepting a report that a child is missing.
 9883         Section 312. Paragraph (a) of subsection (1) of section
 9884  938.01, Florida Statutes, is amended to read:
 9885         938.01 Additional Court Cost Clearing Trust Fund.—
 9886         (1) All courts created by Art. V of the State Constitution
 9887  shall, in addition to any fine or other penalty, require every
 9888  person convicted for violation of a state penal or criminal
 9889  statute or convicted for violation of a municipal or county
 9890  ordinance to pay $3 as a court cost. Any person whose
 9891  adjudication is withheld pursuant to the provisions of s.
 9892  318.14(9) or (10) shall also be liable for payment of such cost.
 9893  In addition, $3 from every bond estreature or forfeited bail
 9894  bond related to such penal statutes or penal ordinances shall be
 9895  remitted to the Department of Revenue as described in this
 9896  subsection. However, no such assessment may be made against any
 9897  person convicted for violation of any state statute, municipal
 9898  ordinance, or county ordinance relating to the parking of
 9899  vehicles.
 9900         (a) All costs collected by the courts pursuant to this
 9901  subsection shall be remitted to the Department of Revenue in
 9902  accordance with administrative rules adopted by the executive
 9903  director of the Department of Revenue for deposit in the
 9904  Additional Court Cost Clearing Trust Fund. These funds and the
 9905  funds deposited in the Additional Court Cost Clearing Trust Fund
 9906  pursuant to s. 318.21(2)(c) shall be distributed as follows:
 9907         1. Ninety-two percent to the Department of Law Enforcement
 9908  Criminal Justice Standards and Training Trust Fund.
 9909         2. Six and three-tenths percent to the Department of Law
 9910  Enforcement Operating Trust Fund for the Criminal Justice Grant
 9911  Program.
 9912         3. One and seven-tenths percent to the Department of
 9913  Children and Families Family Services Domestic Violence Trust
 9914  Fund for the domestic violence program pursuant to s. 39.903(1).
 9915         Section 313. Subsection (2) of section 938.10, Florida
 9916  Statutes, is amended to read:
 9917         938.10 Additional court cost imposed in cases of certain
 9918  crimes.—
 9919         (2) Each month the clerk of the court shall transfer $50
 9920  from the proceeds of the court cost to the Department of Revenue
 9921  for deposit into the Department of Children and Families’ Family
 9922  Services’ Grants and Donations Trust Fund for disbursement to
 9923  the Office of the Statewide Guardian Ad Litem and $100 to the
 9924  Department of Revenue for deposit into the Department of
 9925  Children and Families’ Family Services’ Grants and Donations
 9926  Trust Fund for disbursement to the Florida Network of Children’s
 9927  Advocacy Centers, Inc., for the purpose of funding children’s
 9928  advocacy centers that are members of the network. The clerk
 9929  shall retain $1 from each sum collected as a service charge.
 9930         Section 314. Subsection (2) of section 938.23, Florida
 9931  Statutes, is amended to read:
 9932         938.23 Assistance grants for alcohol and other drug abuse
 9933  programs.—
 9934         (2) All assessments authorized by this section shall be
 9935  collected by the clerk of court and remitted to the
 9936  jurisdictional county as described in s. 893.165(2) for deposit
 9937  into the County Alcohol and Other Drug Abuse Trust Fund or
 9938  remitted to the Department of Revenue for deposit into the
 9939  Grants and Donations Trust Fund of the Department of Children
 9940  and Families Family Services pursuant to guidelines and
 9941  priorities developed by the department. If a County Alcohol and
 9942  Other Drug Abuse Trust Fund has not been established for any
 9943  jurisdictional county, assessments collected by the clerk of
 9944  court shall be remitted to the Department of Revenue for deposit
 9945  into the Grants and Donations Trust Fund of the Department of
 9946  Children and Families Family Services.
 9947         Section 315. Subsection (7) of section 943.0311, Florida
 9948  Statutes, is amended to read:
 9949         943.0311 Chief of Domestic Security; duties of the
 9950  department with respect to domestic security.—
 9951         (7) As used in this section, the term “state agency”
 9952  includes the Agency for Health Care Administration, the
 9953  Department of Agriculture and Consumer Services, the Department
 9954  of Business and Professional Regulation, the Department of
 9955  Children and Families Family Services, the Department of Citrus,
 9956  the Department of Economic Opportunity, the Department of
 9957  Corrections, the Department of Education, the Department of
 9958  Elderly Affairs, the Division of Emergency Management, the
 9959  Department of Environmental Protection, the Department of
 9960  Financial Services, the Department of Health, the Department of
 9961  Highway Safety and Motor Vehicles, the Department of Juvenile
 9962  Justice, the Department of Law Enforcement, the Department of
 9963  Legal Affairs, the Department of Management Services, the
 9964  Department of Military Affairs, the Department of Revenue, the
 9965  Department of State, the Department of the Lottery, the
 9966  Department of Transportation, the Department of Veterans’
 9967  Affairs, the Fish and Wildlife Conservation Commission, the
 9968  Parole Commission, the State Board of Administration, and the
 9969  Executive Office of the Governor.
 9970         Section 316. Section 943.04353, Florida Statutes, is
 9971  amended to read:
 9972         943.04353 Triennial study of sexual predator and sexual
 9973  offender registration and notification procedures.—The Office of
 9974  Program Policy Analysis and Government Accountability shall,
 9975  every 3 years, perform a study of the effectiveness of Florida’s
 9976  sexual predator and sexual offender registration process and
 9977  community and public notification provisions. As part of
 9978  determining the effectiveness of the registration process,
 9979  OPPAGA shall examine the current practices of: the Department of
 9980  Corrections, county probation offices, clerk of courts, court
 9981  administrators, county jails and booking facilities, Department
 9982  of Children and Families Family Services, judges, state
 9983  attorneys’ offices, Department of Highway Safety and Motor
 9984  Vehicles, Department of Law Enforcement, and local law
 9985  enforcement agencies as they relate to: sharing of offender
 9986  information regarding registered sexual predators and sexual
 9987  offenders for purposes of fulfilling the requirements set forth
 9988  in the registration laws; ensuring the most accurate, current,
 9989  and comprehensive information is provided in a timely manner to
 9990  the registry; ensuring the effective supervision and subsequent
 9991  monitoring of sexual predators and offenders; and ensuring
 9992  informed decisions are made at each point of the criminal
 9993  justice and registration process. In addition to determining the
 9994  effectiveness of the registration process, the report shall
 9995  focus on the question of whether the notification provisions in
 9996  statute are sufficient to apprise communities of the presence of
 9997  sexual predators and sexual offenders. The report shall examine
 9998  how local law enforcement agencies collect and disseminate
 9999  information in an effort to notify the public and communities of
10000  the presence of sexual predators and offenders. If the report
10001  finds deficiencies in the registration process, the notification
10002  provisions, or both, the report shall provide options for
10003  correcting those deficiencies and shall include the projected
10004  cost of implementing those options. In conducting the study, the
10005  Office of Program Policy Analysis and Government Accountability
10006  shall consult with the Florida Council Against Sexual Violence
10007  and the Florida Association for the Treatment of Sexual Abusers
10008  in addition to other interested entities that may offer
10009  experiences and perspectives unique to this area of research.
10010  The report shall be submitted to the President of the Senate and
10011  the Speaker of the House of Representatives by January 1, 2006.
10012         Section 317. Paragraph (b) of subsection (3) of section
10013  943.053, Florida Statutes, is amended to read:
10014         943.053 Dissemination of criminal justice information;
10015  fees.—
10016         (3)
10017         (b) The fee per record for criminal history information
10018  provided pursuant to this subsection and s. 943.0542 is $24 per
10019  name submitted, except that the fee for the guardian ad litem
10020  program and vendors of the Department of Children and Families
10021  Family Services, the Department of Juvenile Justice, and the
10022  Department of Elderly Affairs shall be $8 for each name
10023  submitted; the fee for a state criminal history provided for
10024  application processing as required by law to be performed by the
10025  Department of Agriculture and Consumer Services shall be $15 for
10026  each name submitted; and the fee for requests under s. 943.0542,
10027  which implements the National Child Protection Act, shall be $18
10028  for each volunteer name submitted. The state offices of the
10029  Public Defender shall not be assessed a fee for Florida criminal
10030  history information or wanted person information.
10031         Section 318. Subsection (1) of section 943.06, Florida
10032  Statutes, is amended to read:
10033         943.06 Criminal and Juvenile Justice Information Systems
10034  Council.—There is created a Criminal and Juvenile Justice
10035  Information Systems Council within the department.
10036         (1) The council shall be composed of 15 members, consisting
10037  of the Attorney General or a designated assistant; the executive
10038  director of the Department of Law Enforcement or a designated
10039  assistant; the secretary of the Department of Corrections or a
10040  designated assistant; the chair of the Parole Commission or a
10041  designated assistant; the Secretary of Juvenile Justice or a
10042  designated assistant; the executive director of the Department
10043  of Highway Safety and Motor Vehicles or a designated assistant;
10044  the Secretary of Children and Families Family Services or a
10045  designated assistant; the State Courts Administrator or a
10046  designated assistant; 1 public defender appointed by the Florida
10047  Public Defender Association, Inc.; 1 state attorney appointed by
10048  the Florida Prosecuting Attorneys Association, Inc.; and 5
10049  members, to be appointed by the Governor, consisting of 2
10050  sheriffs, 2 police chiefs, and 1 clerk of the circuit court.
10051         Section 319. Section 943.17296, Florida Statutes, is
10052  amended to read:
10053         943.17296 Training in identifying and investigating elder
10054  abuse and neglect.—Each certified law enforcement officer must
10055  successfully complete training on identifying and investigating
10056  elder abuse and neglect as a part of the basic recruit training
10057  of the officer required in s. 943.13(9) or continuing education
10058  under s. 943.135(1) before June 30, 2011. The training shall be
10059  developed in consultation with the Department of Elderly Affairs
10060  and the Department of Children and Families Family Services and
10061  must incorporate instruction on the identification of and
10062  appropriate responses for persons suffering from dementia and on
10063  identifying and investigating elder abuse and neglect. If an
10064  officer fails to complete the required training, his or her
10065  certification is inactive until the employing agency notifies
10066  the commission that the officer has completed the training.
10067         Section 320. Subsection (5) of section 944.024, Florida
10068  Statutes, is amended to read:
10069         944.024 Adult intake and evaluation.—The state system of
10070  adult intake and evaluation shall include:
10071         (5) The performance of postsentence intake by the
10072  department. Any physical facility established by the department
10073  for the intake and evaluation process prior to the offender’s
10074  entry into the correctional system shall provide for specific
10075  office and work areas for the staff of the commission. The
10076  purpose of such a physical center shall be to combine in one
10077  place as many of the rehabilitation-related functions as
10078  possible, including pretrial and posttrial evaluation, parole
10079  and probation services, vocational rehabilitation services,
10080  family assistance services of the Department of Children and
10081  Families Family Services, and all other rehabilitative and
10082  correctional services dealing with the offender.
10083         Section 321. Subsection (5) of section 944.17, Florida
10084  Statutes, is amended to read:
10085         944.17 Commitments and classification; transfers.—
10086         (5) The department shall also refuse to accept a person
10087  into the state correctional system unless the following
10088  documents are presented in a completed form by the sheriff or
10089  chief correctional officer, or a designated representative, to
10090  the officer in charge of the reception process:
10091         (a) The uniform commitment and judgment and sentence forms
10092  as described in subsection (4).
10093         (b) The sheriff’s certificate as described in s. 921.161.
10094         (c) A certified copy of the indictment or information
10095  relating to the offense for which the person was convicted.
10096         (d) A copy of the probable cause affidavit for each offense
10097  identified in the current indictment or information.
10098         (e) A copy of the Criminal Punishment Code scoresheet and
10099  any attachments thereto prepared pursuant to Rule 3.701, Rule
10100  3.702, or Rule 3.703, Florida Rules of Criminal Procedure, or
10101  any other rule pertaining to the preparation of felony
10102  sentencing scoresheets.
10103         (f) A copy of the restitution order or the reasons by the
10104  court for not requiring restitution pursuant to s. 775.089(1).
10105         (g) The name and address of any victim, if available.
10106         (h) A printout of a current criminal history record as
10107  provided through an FCIC/NCIC printer.
10108         (i) Any available health assessments including medical,
10109  mental health, and dental, including laboratory or test
10110  findings; custody classification; disciplinary and adjustment;
10111  and substance abuse assessment and treatment information which
10112  may have been developed during the period of incarceration prior
10113  to the transfer of the person to the department’s custody.
10114  Available information shall be transmitted on standard forms
10115  developed by the department.
10116  
10117  In addition, the sheriff or other officer having such person in
10118  charge shall also deliver with the foregoing documents any
10119  available presentence investigation reports as described in s.
10120  921.231 and any attached documents. After a prisoner is admitted
10121  into the state correctional system, the department may request
10122  such additional records relating to the prisoner as it considers
10123  necessary from the clerk of the court, the Department of
10124  Children and Families Family Services, or any other state or
10125  county agency for the purpose of determining the prisoner’s
10126  proper custody classification, gain-time eligibility, or
10127  eligibility for early release programs. An agency that receives
10128  such a request from the department must provide the information
10129  requested.
10130         Section 322. Subsection (2) of section 944.706, Florida
10131  Statutes, is amended to read:
10132         944.706 Basic release assistance.—
10133         (2) The department may contract with the Department of
10134  Children and Families Family Services, the Salvation Army, and
10135  other public or private organizations, including faith-based
10136  service groups, for the provision of basic support services for
10137  releasees.
10138         Section 323. Subsection (2) of section 945.025, Florida
10139  Statutes, is amended to read:
10140         945.025 Jurisdiction of department.—
10141         (2) In establishing, operating, and using these facilities,
10142  the department shall attempt, whenever possible, to avoid the
10143  placement of nondangerous offenders who have potential for
10144  rehabilitation with repeat offenders or dangerous offenders.
10145  Medical, mental, and psychological problems must be diagnosed
10146  and treated whenever possible. The Department of Children and
10147  Families Family Services and the Agency for Persons with
10148  Disabilities shall cooperate to ensure the delivery of services
10149  to persons under the custody or supervision of the department.
10150  If the department intends to transfer a prisoner who has a
10151  mental illness or intellectual disability to the Department of
10152  Children and Families Family Services or the Agency for Persons
10153  with Disabilities, an involuntary commitment hearing shall be
10154  held in accordance with chapter 393 or chapter 394.
10155         Section 324. Paragraphs (a) and (b) of subsection (2) of
10156  section 945.10, Florida Statutes, are amended to read:
10157         945.10 Confidential information.—
10158         (2) The records and information specified in paragraphs
10159  (1)(a)-(h) may be released as follows unless expressly
10160  prohibited by federal law:
10161         (a) Information specified in paragraphs (1)(b), (d), and
10162  (f) to the Office of the Governor, the Legislature, the Parole
10163  Commission, the Department of Children and Families Family
10164  Services, a private correctional facility or program that
10165  operates under a contract, the Department of Legal Affairs, a
10166  state attorney, the court, or a law enforcement agency. A
10167  request for records or information pursuant to this paragraph
10168  need not be in writing.
10169         (b) Information specified in paragraphs (1)(c), (e), and
10170  (h) to the Office of the Governor, the Legislature, the Parole
10171  Commission, the Department of Children and Families Family
10172  Services, a private correctional facility or program that
10173  operates under contract, the Department of Legal Affairs, a
10174  state attorney, the court, or a law enforcement agency. A
10175  request for records or information pursuant to this paragraph
10176  must be in writing and a statement provided demonstrating a need
10177  for the records or information.
10178  
10179  Records and information released under this subsection remain
10180  confidential and exempt from the provisions of s. 119.07(1) and
10181  s. 24(a), Art. I of the State Constitution when held by the
10182  receiving person or entity.
10183         Section 325. Subsection (6) of section 945.12, Florida
10184  Statutes, is amended to read:
10185         945.12 Transfers for rehabilitative treatment.—
10186         (6) A prisoner who has been determined by the Department of
10187  Children and Families Family Services and the Department of
10188  Corrections to be amenable to rehabilitative treatment for
10189  sexual deviation, and who has voluntarily agreed to participate
10190  in such rehabilitative treatment, may be transferred to the
10191  Department of Children and Families Family Services provided
10192  appropriate bed space is available.
10193         Section 326. Subsection (3) of section 945.46, Florida
10194  Statutes, is amended to read:
10195         945.46 Initiation of involuntary placement proceedings with
10196  respect to a mentally ill inmate scheduled for release.—
10197         (3) The department may transport an individual who is being
10198  released from its custody to a receiving or treatment facility
10199  for involuntary examination or placement. Such transport shall
10200  be made to a facility that is specified by the Department of
10201  Children and Families Family Services as able to meet the
10202  specific needs of the individual. If the Department of Children
10203  and Families Family Services does not specify a facility,
10204  transport may be made to the nearest receiving facility.
10205         Section 327. Subsection (2) of section 945.47, Florida
10206  Statutes, is amended to read:
10207         945.47 Discharge of inmate from mental health treatment.—
10208         (2) At any time that an inmate who has received mental
10209  health treatment while in the custody of the department becomes
10210  eligible for release under supervision or upon end of sentence,
10211  a record of the inmate’s mental health treatment may be provided
10212  to the Parole Commission and to the Department of Children and
10213  Families Family Services upon request. The record shall include,
10214  at a minimum, a summary of the inmate’s diagnosis, length of
10215  stay in treatment, clinical history, prognosis, prescribed
10216  medication, treatment plan, and recommendations for aftercare
10217  services.
10218         Section 328. Subsection (2) of section 945.49, Florida
10219  Statutes, is amended to read:
10220         945.49 Operation and administration.—
10221         (2) RULES.—The department, in cooperation with the Mental
10222  Health Program Office of the Department of Children and Families
10223  Family Services, shall adopt rules necessary for administration
10224  of ss. 945.40-945.49 in accordance with chapter 120.
10225         Section 329. Paragraph (b) of subsection (2) of section
10226  947.13, Florida Statutes, is amended to read:
10227         947.13 Powers and duties of commission.—
10228         (2)
10229         (b) The Department of Children and Families Family Services
10230  and all other state, county, and city agencies, sheriffs and
10231  their deputies, and all peace officers shall cooperate with the
10232  commission and the department and shall aid and assist them in
10233  the performance of their duties.
10234         Section 330. Subsection (9) of section 947.146, Florida
10235  Statutes, is amended to read:
10236         947.146 Control Release Authority.—
10237         (9) The authority shall examine such records as it deems
10238  necessary of the department, the Department of Children and
10239  Families Family Services, the Department of Law Enforcement, and
10240  any other such agency for the purpose of either establishing,
10241  modifying, or revoking a control release date. The victim impact
10242  statement shall be included in such records for examination.
10243  Such agencies shall provide the information requested by the
10244  authority for the purposes of fulfilling the requirements of
10245  this section.
10246         Section 331. Subsection (6) of section 948.01, Florida
10247  Statutes, is amended to read:
10248         948.01 When court may place defendant on probation or into
10249  community control.—
10250         (6) When the court, under any of the foregoing subsections,
10251  places a defendant on probation or into community control, it
10252  may specify that the defendant serve all or part of the
10253  probationary or community control period in a community
10254  residential or nonresidential facility under the jurisdiction of
10255  the Department of Corrections or the Department of Children and
10256  Families Family Services or any public or private entity
10257  providing such services, and it shall require the payment
10258  prescribed in s. 948.09.
10259         Section 332. Subsection (2) of section 984.01, Florida
10260  Statutes, is amended to read:
10261         984.01 Purposes and intent; personnel standards and
10262  screening.—
10263         (2) The Department of Juvenile Justice or the Department of
10264  Children and Families Family Services, as appropriate, may
10265  contract with the Federal Government, other state departments
10266  and agencies, county and municipal governments and agencies,
10267  public and private agencies, and private individuals and
10268  corporations in carrying out the purposes of, and the
10269  responsibilities established in, this chapter.
10270         (a) If the department contracts with a provider for any
10271  program for children, all personnel, including owners,
10272  operators, employees, and volunteers, in the facility must be of
10273  good moral character. Each contract entered into by either
10274  department for services delivered on an appointment or
10275  intermittent basis by a provider that does not have regular
10276  custodial responsibility for children and each contract with a
10277  school for before or aftercare services must ensure that the
10278  owners, operators, and all personnel who have direct contact
10279  with children are of good moral character. A volunteer who
10280  assists on an intermittent basis for less than 10 hours per
10281  month need not be screened if a person who meets the screening
10282  requirement of this section is always present and has the
10283  volunteer in his or her line of sight.
10284         (b) The Department of Juvenile Justice and the Department
10285  of Children and Families Family Services shall require
10286  employment screening pursuant to chapter 435, using the level 2
10287  standards set forth in that chapter for personnel in programs
10288  for children or youths.
10289         (c) The Department of Juvenile Justice or the Department of
10290  Children and Families Family Services may grant exemptions from
10291  disqualification from working with children as provided in s.
10292  435.07.
10293         Section 333. Subsections (6), (7), and (9), paragraphs (b)
10294  and (c) of subsection (12), and subsections (25), (33), (44),
10295  and (50) of section 984.03, Florida Statutes, are amended to
10296  read:
10297         984.03 Definitions.—When used in this chapter, the term:
10298         (6) “Authorized agent” or “designee” of the department
10299  means a person or agency assigned or designated by the
10300  Department of Juvenile Justice or the Department of Children and
10301  Families Family Services, as appropriate, to perform duties or
10302  exercise powers pursuant to this chapter and includes contract
10303  providers and their employees for purposes of providing services
10304  to and managing cases of children in need of services and
10305  families in need of services.
10306         (7) “Caretaker/homemaker” means an authorized agent of the
10307  Department of Children and Families Family Services who shall
10308  remain in the child’s home with the child until a parent, legal
10309  guardian, or relative of the child enters the home and is
10310  capable of assuming and agrees to assume charge of the child.
10311         (9) “Child in need of services” means a child for whom
10312  there is no pending investigation into an allegation or
10313  suspicion of abuse, neglect, or abandonment; no pending referral
10314  alleging the child is delinquent; or no current supervision by
10315  the Department of Juvenile Justice or the Department of Children
10316  and Families Family Services for an adjudication of dependency
10317  or delinquency. The child must also, pursuant to this chapter,
10318  be found by the court:
10319         (a) To have persistently run away from the child’s parents
10320  or legal custodians despite reasonable efforts of the child, the
10321  parents or legal custodians, and appropriate agencies to remedy
10322  the conditions contributing to the behavior. Reasonable efforts
10323  shall include voluntary participation by the child’s parents or
10324  legal custodians and the child in family mediation, services,
10325  and treatment offered by the Department of Juvenile Justice or
10326  the Department of Children and Families Family Services;
10327         (b) To be habitually truant from school, while subject to
10328  compulsory school attendance, despite reasonable efforts to
10329  remedy the situation pursuant to ss. 1003.26 and 1003.27 and
10330  through voluntary participation by the child’s parents or legal
10331  custodians and by the child in family mediation, services, and
10332  treatment offered by the Department of Juvenile Justice or the
10333  Department of Children and Families Family Services; or
10334         (c) To have persistently disobeyed the reasonable and
10335  lawful demands of the child’s parents or legal custodians, and
10336  to be beyond their control despite efforts by the child’s
10337  parents or legal custodians and appropriate agencies to remedy
10338  the conditions contributing to the behavior. Reasonable efforts
10339  may include such things as good faith participation in family or
10340  individual counseling.
10341         (12) “Child who is found to be dependent” or “dependent
10342  child” means a child who, pursuant to this chapter, is found by
10343  the court:
10344         (b) To have been surrendered to the former Department of
10345  Health and Rehabilitative Services, the Department of Children
10346  and Families Family Services, or a licensed child-placing agency
10347  for purpose of adoption.
10348         (c) To have been voluntarily placed with a licensed child
10349  caring agency, a licensed child-placing agency, an adult
10350  relative, the former Department of Health and Rehabilitative
10351  Services, or the Department of Children and Families Family
10352  Services, after which placement, under the requirements of this
10353  chapter, a case plan has expired and the parent or parents have
10354  failed to substantially comply with the requirements of the
10355  plan.
10356         (25) “Family in need of services” means a family that has a
10357  child who is running away; who is persistently disobeying
10358  reasonable and lawful demands of the parent or legal custodian
10359  and is beyond the control of the parent or legal custodian; or
10360  who is habitually truant from school or engaging in other
10361  serious behaviors that place the child at risk of future abuse,
10362  neglect, or abandonment or at risk of entering the juvenile
10363  justice system. The child must be referred to a law enforcement
10364  agency, the Department of Juvenile Justice, or an agency
10365  contracted to provide services to children in need of services.
10366  A family is not eligible to receive services if, at the time of
10367  the referral, there is an open investigation into an allegation
10368  of abuse, neglect, or abandonment or if the child is currently
10369  under supervision by the Department of Juvenile Justice or the
10370  Department of Children and Families Family Services due to an
10371  adjudication of dependency or delinquency.
10372         (33) “Licensed child-caring agency” means a person,
10373  society, association, or agency licensed by the Department of
10374  Children and Families Family Services to care for, receive, and
10375  board children.
10376         (44) “Protective supervision” means a legal status in
10377  child-in-need-of-services cases or family-in-need-of-services
10378  cases which permits the child to remain in his or her own home
10379  or other placement under the supervision of an agent of the
10380  Department of Juvenile Justice or the Department of Children and
10381  Families Family Services, subject to being returned to the court
10382  during the period of supervision.
10383         (50) “Staff-secure shelter” means a facility in which a
10384  child is supervised 24 hours a day by staff members who are
10385  awake while on duty. The facility is for the temporary care and
10386  assessment of a child who has been found to be dependent, who
10387  has violated a court order and been found in contempt of court,
10388  or whom the Department of Children and Families Family Services
10389  is unable to properly assess or place for assistance within the
10390  continuum of services provided for dependent children.
10391         Section 334. Section 984.071, Florida Statutes, is amended
10392  to read:
10393         984.071 Information packet.—The Department of Juvenile
10394  Justice, in collaboration with the Department of Children and
10395  Families Family Services and the Department of Education, shall
10396  develop and publish an information packet that explains the
10397  current process under this chapter for obtaining assistance for
10398  a child in need of services or a family in need of services and
10399  the community services and resources available to parents of
10400  troubled or runaway children. In preparing the information
10401  packet, the Department of Juvenile Justice shall work with
10402  school district superintendents, juvenile court judges, county
10403  sheriffs, and other local law enforcement officials in order to
10404  ensure that the information packet lists services and resources
10405  that are currently available within the county in which the
10406  packet is distributed. Each information packet shall be annually
10407  updated and shall be available for distribution by January 1,
10408  1998. The school district shall distribute this information
10409  packet to parents of truant children and to other parents upon
10410  request or as deemed appropriate by the school district. In
10411  addition, the Department of Juvenile Justice shall distribute
10412  the information packet to state and local law enforcement
10413  agencies. Any law enforcement officer who has contact with the
10414  parent of a child who is locked out of the home or who runs away
10415  from home shall make the information available to the parent.
10416         Section 335. Paragraph (a) of subsection (1) of section
10417  984.085, Florida Statutes, is amended to read:
10418         984.085 Sheltering unmarried minors; aiding unmarried minor
10419  runaways; violations.—
10420         (1)(a) A person who is not an authorized agent of the
10421  Department of Juvenile Justice or the Department of Children and
10422  Families Family Services may not knowingly shelter an unmarried
10423  minor for more than 24 hours without the consent of the minor’s
10424  parent or guardian or without notifying a law enforcement
10425  officer of the minor’s name and the fact that the minor is being
10426  provided shelter.
10427         Section 336. Section 984.086, Florida Statutes, is amended
10428  to read:
10429         984.086 Children locked out of the home; interagency
10430  cooperation.—The Department of Juvenile Justice and the
10431  Department of Children and Families Family Services shall
10432  encourage interagency cooperation within each circuit and shall
10433  develop comprehensive agreements between the staff and providers
10434  for each department in order to coordinate the services provided
10435  to children who are locked out of the home and the families of
10436  those children.
10437         Section 337. Subsection (1) of section 984.10, Florida
10438  Statutes, is amended to read:
10439         984.10 Intake.—
10440         (1) Intake shall be performed by the department. A report
10441  or complaint alleging that a child is from a family in need of
10442  services shall be made to the intake office operating in the
10443  county in which the child is found or in which the case arose.
10444  Any person or agency, including, but not limited to, the parent
10445  or legal custodian, the local school district, a law enforcement
10446  agency, or the Department of Children and Families Family
10447  Services, having knowledge of the facts may make a report or
10448  complaint.
10449         Section 338. Paragraph (e) of subsection (3) of section
10450  984.15, Florida Statutes, is amended to read:
10451         984.15 Petition for a child in need of services.—
10452         (3)
10453         (e) The court, on its own motion or the motion of any party
10454  or the department, shall determine the legal sufficiency of a
10455  petition filed under this subsection and may dismiss any
10456  petition that lacks sufficient grounds. In addition, the court
10457  shall verify that the child is not:
10458         1. The subject of a pending investigation into an
10459  allegation or suspicion of abuse, neglect, or abandonment;
10460         2. The subject of a pending referral alleging that the
10461  child is delinquent; or
10462         3. Under the current supervision of the department or the
10463  Department of Children and Families Family Services for an
10464  adjudication of delinquency or dependency.
10465         Section 339. Subsection (3) of section 984.19, Florida
10466  Statutes, is amended to read:
10467         984.19 Medical screening and treatment of child;
10468  examination of parent, guardian, or person requesting custody.—
10469         (3) A judge may order that a child alleged to be or
10470  adjudicated a child in need of services be examined by a
10471  licensed health care professional. The judge may also order such
10472  child to be evaluated by a psychiatrist or a psychologist, by a
10473  district school board educational needs assessment team, or, if
10474  a developmental disability is suspected or alleged, by the
10475  developmental disability diagnostic and evaluation team of the
10476  Department of Children and Families Family Services. The judge
10477  may order a family assessment if that assessment was not
10478  completed at an earlier time. If it is necessary to place a
10479  child in a residential facility for such evaluation, then the
10480  criteria and procedure established in s. 394.463(2) or chapter
10481  393 shall be used, whichever is applicable. The educational
10482  needs assessment provided by the district school board
10483  educational needs assessment team shall include, but not be
10484  limited to, reports of intelligence and achievement tests,
10485  screening for learning disabilities and other handicaps, and
10486  screening for the need for alternative education pursuant to s.
10487  1003.53.
10488         Section 340. Subsection (3) of section 984.22, Florida
10489  Statutes, is amended to read:
10490         984.22 Powers of disposition.—
10491         (3) When any child is adjudicated by the court to be a
10492  child in need of services and temporary legal custody of the
10493  child has been placed with an adult willing to care for the
10494  child, a licensed child-caring agency, the Department of
10495  Juvenile Justice, or the Department of Children and Families
10496  Family Services, the court shall order the natural or adoptive
10497  parents of such child, including the natural father of such
10498  child born out of wedlock who has acknowledged his paternity in
10499  writing before the court, or the guardian of such child’s estate
10500  if possessed of assets which under law may be disbursed for the
10501  care, support, and maintenance of such child, to pay child
10502  support to the adult relative caring for the child, the licensed
10503  child-caring agency, the Department of Juvenile Justice, or the
10504  Department of Children and Families Family Services. When such
10505  order affects the guardianship estate, a certified copy of such
10506  order shall be delivered to the judge having jurisdiction of
10507  such guardianship estate. If the court determines that the
10508  parent is unable to pay support, placement of the child shall
10509  not be contingent upon issuance of a support order. The
10510  department may employ a collection agency for the purpose of
10511  receiving, collecting, and managing the payment of unpaid and
10512  delinquent fees. The collection agency must be registered and in
10513  good standing under chapter 559. The department may pay to the
10514  collection agency a fee from the amount collected under the
10515  claim or may authorize the agency to deduct the fee from the
10516  amount collected.
10517         Section 341. Subsections (6), (7), and (8) of section
10518  984.225, Florida Statutes, are amended to read:
10519         984.225 Powers of disposition; placement in a staff-secure
10520  shelter.—
10521         (6) The department is deemed to have exhausted the
10522  reasonable remedies offered under this chapter if, at the end of
10523  the commitment period, the parent, guardian, or legal custodian
10524  continues to refuse to allow the child to remain at home or
10525  creates unreasonable conditions for the child’s return. If, at
10526  the end of the commitment period, the child is not reunited with
10527  his or her parent, guardian, or custodian due solely to the
10528  continued refusal of the parent, guardian, or custodian to
10529  provide food, clothing, shelter, and parental support, the child
10530  is considered to be threatened with harm as a result of such
10531  acts or omissions, and the court shall direct that the child be
10532  handled in every respect as a dependent child. Jurisdiction
10533  shall be transferred to the Department of Children and Families
10534  Family Services, and the child’s care shall be governed under
10535  the relevant provisions of chapter 39.
10536         (7) The court shall review the child’s commitment once
10537  every 45 days as provided in s. 984.20. The court shall
10538  determine whether the parent, guardian, or custodian has
10539  reasonably participated in and financially contributed to the
10540  child’s counseling and treatment program. The court shall also
10541  determine whether the department’s efforts to reunite the family
10542  have been reasonable. If the court finds an inadequate level of
10543  support or participation by the parent, guardian, or custodian
10544  prior to the end of the commitment period, the court shall
10545  direct that the child be handled in every respect as a dependent
10546  child. Jurisdiction shall be transferred to the Department of
10547  Children and Families Family Services, and the child’s care
10548  shall be governed under the relevant provisions of chapter 39.
10549         (8) If the child requires residential mental health
10550  treatment or residential care for a developmental disability,
10551  the court shall refer the child to the Department of Children
10552  and Families Family Services for the provision of necessary
10553  services.
10554         Section 342. Paragraphs (d) and (e) of subsection (5) of
10555  section 984.226, Florida Statutes, are amended to read:
10556         984.226 Physically secure setting.—
10557         (5)
10558         (d) If the court finds an inadequate level of support or
10559  participation by the parent, guardian, or custodian before the
10560  end of the placement, the court shall direct that the child be
10561  handled as a dependent child, jurisdiction shall be transferred
10562  to the Department of Children and Families Family Services, and
10563  the child’s care shall be governed by chapter 39.
10564         (e) If the child requires residential mental health
10565  treatment or residential care for a developmental disability,
10566  the court shall refer the child to the Department of Children
10567  and Families Family Services for the provision of necessary
10568  services.
10569         Section 343. Subsections (5), (7), (23), (32), and (51) of
10570  section 985.03, Florida Statutes, are amended to read:
10571         985.03 Definitions.—As used in this chapter, the term:
10572         (5) “Authorized agent” or “designee” of the department
10573  means a person or agency assigned or designated by the
10574  department or the Department of Children and Families Family
10575  Services, as appropriate, to perform duties or exercise powers
10576  under this chapter and includes contract providers and their
10577  employees for purposes of providing services to and managing
10578  cases of children in need of services and families in need of
10579  services.
10580         (7) “Child in need of services” means a child for whom
10581  there is no pending investigation into an allegation or
10582  suspicion of abuse, neglect, or abandonment; no pending referral
10583  alleging the child is delinquent; or no current supervision by
10584  the department or the Department of Children and Families Family
10585  Services for an adjudication of dependency or delinquency. The
10586  child must also, under this chapter, be found by the court:
10587         (a) To have persistently run away from the child’s parents
10588  or legal custodians despite reasonable efforts of the child, the
10589  parents or legal custodians, and appropriate agencies to remedy
10590  the conditions contributing to the behavior. Reasonable efforts
10591  shall include voluntary participation by the child’s parents or
10592  legal custodians and the child in family mediation, services,
10593  and treatment offered by the department or the Department of
10594  Children and Families Family Services;
10595         (b) To be habitually truant from school, while subject to
10596  compulsory school attendance, despite reasonable efforts to
10597  remedy the situation under ss. 1003.26 and 1003.27 and through
10598  voluntary participation by the child’s parents or legal
10599  custodians and by the child in family mediation, services, and
10600  treatment offered by the Department of Juvenile Justice or the
10601  Department of Children and Families Family Services; or
10602         (c) To have persistently disobeyed the reasonable and
10603  lawful demands of the child’s parents or legal custodians, and
10604  to be beyond their control despite efforts by the child’s
10605  parents or legal custodians and appropriate agencies to remedy
10606  the conditions contributing to the behavior. Reasonable efforts
10607  may include such things as good faith participation in family or
10608  individual counseling.
10609         (23) “Family in need of services” means a family that has a
10610  child for whom there is no pending investigation into an
10611  allegation of abuse, neglect, or abandonment or no current
10612  supervision by the department or the Department of Children and
10613  Families Family Services for an adjudication of dependency or
10614  delinquency. The child must also have been referred to a law
10615  enforcement agency or the department for:
10616         (a) Running away from parents or legal custodians;
10617         (b) Persistently disobeying reasonable and lawful demands
10618  of parents or legal custodians, and being beyond their control;
10619  or
10620         (c) Habitual truancy from school.
10621         (32) “Licensed child-caring agency” means a person,
10622  society, association, or agency licensed by the Department of
10623  Children and Families Family Services to care for, receive, and
10624  board children.
10625         (51) “Staff-secure shelter” means a facility in which a
10626  child is supervised 24 hours a day by staff members who are
10627  awake while on duty. The facility is for the temporary care and
10628  assessment of a child who has been found to be dependent, who
10629  has violated a court order and been found in contempt of court,
10630  or whom the Department of Children and Families Family Services
10631  is unable to properly assess or place for assistance within the
10632  continuum of services provided for dependent children.
10633         Section 344. Subsection (2) of section 985.046, Florida
10634  Statutes, is amended to read:
10635         985.046 Statewide information-sharing system; interagency
10636  workgroup.—
10637         (2) The interagency workgroup shall be coordinated through
10638  the Department of Education and shall include representatives
10639  from the state agencies specified in subsection (1), school
10640  superintendents, school district information system directors,
10641  principals, teachers, juvenile court judges, police chiefs,
10642  county sheriffs, clerks of the circuit court, the Department of
10643  Children and Families Family Services, providers of juvenile
10644  services including a provider from a juvenile substance abuse
10645  program, and circuit juvenile justice managers.
10646         Section 345. Paragraph (b) of subsection (1) of section
10647  985.047, Florida Statutes, is amended to read:
10648         985.047 Information systems.—
10649         (1)
10650         (b) The central identification file shall contain, but not
10651  be limited to, pertinent dependency record information
10652  maintained by the Department of Children and Families Family
10653  Services and delinquency record information maintained by the
10654  Department of Juvenile Justice; pertinent school records,
10655  including information on behavior, attendance, and achievement;
10656  pertinent information on delinquency and dependency maintained
10657  by law enforcement agencies and the state attorney; and
10658  pertinent information on delinquency and dependency maintained
10659  by those agencies charged with screening, assessment, planning,
10660  and treatment responsibilities. The information obtained shall
10661  be used to develop a multiagency information sheet on serious
10662  habitual juvenile offenders or juveniles who are at risk of
10663  becoming serious habitual juvenile offenders. The agencies and
10664  persons specified in this paragraph shall cooperate with the law
10665  enforcement agency or county in providing needed information and
10666  in developing the multiagency information sheet to the greatest
10667  extent possible.
10668         Section 346. Subsection (3) of section 985.11, Florida
10669  Statutes, is amended to read:
10670         985.11 Fingerprinting and photographing.—
10671         (3) This section does not prohibit the fingerprinting or
10672  photographing of child traffic violators. All records of such
10673  traffic violations shall be kept in the full name of the
10674  violator and shall be open to inspection and publication in the
10675  same manner as adult traffic violations. This section does not
10676  apply to the photographing of children by the Department of
10677  Juvenile Justice or the Department of Children and Families
10678  Family Services.
10679         Section 347. Subsection (1) of section 985.145, Florida
10680  Statutes, is amended to read:
10681         985.145 Responsibilities of juvenile probation officer
10682  during intake; screenings and assessments.—
10683         (1) The juvenile probation officer shall serve as the
10684  primary case manager for the purpose of managing, coordinating,
10685  and monitoring the services provided to the child. Each program
10686  administrator within the Department of Children and Families
10687  Family Services shall cooperate with the primary case manager in
10688  carrying out the duties and responsibilities described in this
10689  section. In addition to duties specified in other sections and
10690  through departmental rules, the assigned juvenile probation
10691  officer shall be responsible for the following:
10692         (a) Reviewing probable cause affidavit.—The juvenile
10693  probation officer shall make a preliminary determination as to
10694  whether the report, affidavit, or complaint is complete,
10695  consulting with the state attorney as may be necessary. A
10696  report, affidavit, or complaint alleging that a child has
10697  committed a delinquent act or violation of law shall be made to
10698  the intake office operating in the county in which the child is
10699  found or in which the delinquent act or violation of law
10700  occurred. Any person or agency having knowledge of the facts may
10701  make such a written report, affidavit, or complaint and shall
10702  furnish to the intake office facts sufficient to establish the
10703  jurisdiction of the court and to support a finding by the court
10704  that the child has committed a delinquent act or violation of
10705  law.
10706         (b) Notification concerning apparent insufficiencies in
10707  probable cause affidavit.—In any case where the juvenile
10708  probation officer or the state attorney finds that the report,
10709  affidavit, or complaint is insufficient by the standards for a
10710  probable cause affidavit, the juvenile probation officer or
10711  state attorney shall return the report, affidavit, or complaint,
10712  without delay, to the person or agency originating the report,
10713  affidavit, or complaint or having knowledge of the facts or to
10714  the appropriate law enforcement agency having investigative
10715  jurisdiction of the offense, and shall request, and the person
10716  or agency shall promptly furnish, additional information in
10717  order to comply with the standards for a probable cause
10718  affidavit.
10719         (c) Screening.—During the intake process, the juvenile
10720  probation officer shall screen each child or shall cause each
10721  child to be screened in order to determine:
10722         1. Appropriateness for release; referral to a diversionary
10723  program, including, but not limited to, a teen court program;
10724  referral for community arbitration; or referral to some other
10725  program or agency for the purpose of nonofficial or nonjudicial
10726  handling.
10727         2. The presence of medical, psychiatric, psychological,
10728  substance abuse, educational, or vocational problems, or other
10729  conditions that may have caused the child to come to the
10730  attention of law enforcement or the department. The child shall
10731  also be screened to determine whether the child poses a danger
10732  to himself or herself or others in the community. The results of
10733  this screening shall be made available to the court and to court
10734  officers. In cases where such conditions are identified and a
10735  nonjudicial handling of the case is chosen, the juvenile
10736  probation officer shall attempt to refer the child to a program
10737  or agency, together with all available and relevant assessment
10738  information concerning the child’s precipitating condition.
10739         (d) Completing risk assessment instrument.—The juvenile
10740  probation officer shall ensure that a risk assessment instrument
10741  establishing the child’s eligibility for detention has been
10742  accurately completed and that the appropriate recommendation was
10743  made to the court.
10744         (e) Rights.—The juvenile probation officer shall inquire as
10745  to whether the child understands his or her rights to counsel
10746  and against self-incrimination.
10747         (f) Multidisciplinary assessment.—The juvenile probation
10748  officer shall coordinate the multidisciplinary assessment when
10749  required, which includes the classification and placement
10750  process that determines the child’s priority needs, risk
10751  classification, and treatment plan. When sufficient evidence
10752  exists to warrant a comprehensive assessment and the child fails
10753  to voluntarily participate in the assessment efforts, the
10754  juvenile probation officer shall inform the court of the need
10755  for the assessment and the refusal of the child to participate
10756  in such assessment. This assessment, classification, and
10757  placement process shall develop into the predisposition report.
10758         (g) Comprehensive assessment.—The juvenile probation
10759  officer, pursuant to uniform procedures established by the
10760  department and upon determining that the report, affidavit, or
10761  complaint is complete, shall:
10762         1. Perform the preliminary screening and make referrals for
10763  a comprehensive assessment regarding the child’s need for
10764  substance abuse treatment services, mental health services,
10765  intellectual disability services, literacy services, or other
10766  educational or treatment services.
10767         2. If indicated by the preliminary screening, provide for a
10768  comprehensive assessment of the child and family for substance
10769  abuse problems, using community-based licensed programs with
10770  clinical expertise and experience in the assessment of substance
10771  abuse problems.
10772         3. If indicated by the preliminary screening, provide for a
10773  comprehensive assessment of the child and family for mental
10774  health problems, using community-based psychologists,
10775  psychiatrists, or other licensed mental health professionals who
10776  have clinical expertise and experience in the assessment of
10777  mental health problems.
10778         (h) Referrals for services.—The juvenile probation officer
10779  shall make recommendations for services and facilitate the
10780  delivery of those services to the child, including any mental
10781  health services, educational services, family counseling
10782  services, family assistance services, and substance abuse
10783  services.
10784         (i) Recommendation concerning a petition.—Upon determining
10785  that the report, affidavit, or complaint complies with the
10786  standards of a probable cause affidavit and that the interests
10787  of the child and the public will be best served, the juvenile
10788  probation officer may recommend that a delinquency petition not
10789  be filed. If such a recommendation is made, the juvenile
10790  probation officer shall advise in writing the person or agency
10791  making the report, affidavit, or complaint, the victim, if any,
10792  and the law enforcement agency having investigative jurisdiction
10793  over the offense of the recommendation; the reasons therefor;
10794  and that the person or agency may submit, within 10 days after
10795  the receipt of such notice, the report, affidavit, or complaint
10796  to the state attorney for special review. The state attorney,
10797  upon receiving a request for special review, shall consider the
10798  facts presented by the report, affidavit, or complaint, and by
10799  the juvenile probation officer who made the recommendation that
10800  no petition be filed, before making a final decision as to
10801  whether a petition or information should or should not be filed.
10802         (j) Completing intake report.—Subject to the interagency
10803  agreement authorized under this paragraph, the juvenile
10804  probation officer for each case in which a child is alleged to
10805  have committed a violation of law or delinquent act and is not
10806  detained shall submit a written report to the state attorney,
10807  including the original report, complaint, or affidavit, or a
10808  copy thereof, including a copy of the child’s prior juvenile
10809  record, within 20 days after the date the child is taken into
10810  custody. In cases in which the child is in detention, the intake
10811  office report must be submitted within 24 hours after the child
10812  is placed into detention. The intake office report may include a
10813  recommendation that a petition or information be filed or that
10814  no petition or information be filed and may set forth reasons
10815  for the recommendation. The state attorney and the department
10816  may, on a district-by-district basis, enter into interagency
10817  agreements denoting the cases that will require a recommendation
10818  and those for which a recommendation is unnecessary.
10819         Section 348. Paragraph (c) of subsection (4) of section
10820  985.155, Florida Statutes, is amended to read:
10821         985.155 Neighborhood restorative justice.—
10822         (4) DEFERRED PROSECUTION PROGRAM; PROCEDURES.—
10823         (c) The board shall require the parent or legal guardian of
10824  the juvenile who is referred to a Neighborhood Restorative
10825  Justice Center to appear with the juvenile before the board at
10826  the time set by the board. In scheduling board meetings, the
10827  board shall be cognizant of a parent’s or legal guardian’s other
10828  obligations. The failure of a parent or legal guardian to appear
10829  at the scheduled board meeting with his or her child or ward may
10830  be considered by the juvenile court as an act of child neglect
10831  as defined by s. 39.01, and the board may refer the matter to
10832  the Department of Children and Families Family Services for
10833  investigation under the provisions of chapter 39.
10834         Section 349. Subsection (2) of section 985.18, Florida
10835  Statutes, is amended to read:
10836         985.18 Medical, psychiatric, psychological, substance
10837  abuse, and educational examination and treatment.—
10838         (2) If a child has been found to have committed a
10839  delinquent act, or before such finding with the consent of any
10840  parent or legal custodian of the child, the court may order the
10841  child to be treated by a physician. The court may also order the
10842  child to receive mental health, substance abuse, or intellectual
10843  disability services from a psychiatrist, psychologist, or other
10844  appropriate service provider. If it is necessary to place the
10845  child in a residential facility for such services, the
10846  procedures and criteria established in chapter 393, chapter 394,
10847  or chapter 397, as applicable, must be used. After a child has
10848  been adjudicated delinquent, if an educational needs assessment
10849  by the district school board or the Department of Children and
10850  Families Family Services has been conducted, the court shall
10851  order the report included in the child’s court record in lieu of
10852  a new assessment. For purposes of this section, an educational
10853  needs assessment includes, but is not limited to, reports of
10854  intelligence and achievement tests, screening for learning and
10855  other disabilities, and screening for the need for alternative
10856  education.
10857         Section 350. Paragraphs (a), (d), (g), and (h) of
10858  subsection (1), subsections (2) and (4), paragraph (b) of
10859  subsection (5), and subsection (6) of section 985.19, Florida
10860  Statutes, are amended to read:
10861         985.19 Incompetency in juvenile delinquency cases.—
10862         (1) If, at any time prior to or during a delinquency case,
10863  the court has reason to believe that the child named in the
10864  petition may be incompetent to proceed with the hearing, the
10865  court on its own motion may, or on the motion of the child’s
10866  attorney or state attorney must, stay all proceedings and order
10867  an evaluation of the child’s mental condition.
10868         (a) Any motion questioning the child’s competency to
10869  proceed must be served upon the child’s attorney, the state
10870  attorney, the attorneys representing the Department of Juvenile
10871  Justice, and the attorneys representing the Department of
10872  Children and Families Family Services. Thereafter, any motion,
10873  notice of hearing, order, or other legal pleading relating to
10874  the child’s competency to proceed with the hearing must be
10875  served upon the child’s attorney, the state attorney, the
10876  attorneys representing the Department of Juvenile Justice, and
10877  the attorneys representing the Department of Children and
10878  Families Family Services.
10879         (d) For incompetency evaluations related to mental illness,
10880  the Department of Children and Families Family Services shall
10881  maintain and annually provide the courts with a list of
10882  available mental health professionals who have completed a
10883  training program approved by the Department of Children and
10884  Families Family Services to perform the evaluations.
10885         (g) Immediately upon the filing of the court order finding
10886  a child incompetent to proceed, the clerk of the court shall
10887  notify the Department of Children and Families Family Services
10888  and the Agency for Persons with Disabilities and fax or hand
10889  deliver to the department and to the agency a referral packet
10890  that includes, at a minimum, the court order, the charging
10891  documents, the petition, and the court-appointed evaluator’s
10892  reports.
10893         (h) After placement of the child in the appropriate
10894  setting, the Department of Children and Families Family Services
10895  in consultation with the Agency for Persons with Disabilities,
10896  as appropriate, must, within 30 days after placement of the
10897  child, prepare and submit to the court a treatment or training
10898  plan for the child’s restoration of competency. A copy of the
10899  plan must be served upon the child’s attorney, the state
10900  attorney, and the attorneys representing the Department of
10901  Juvenile Justice.
10902         (2) A child who is adjudicated incompetent to proceed, and
10903  who has committed a delinquent act or violation of law, either
10904  of which would be a felony if committed by an adult, must be
10905  committed to the Department of Children and Families Family
10906  Services for treatment or training. A child who has been
10907  adjudicated incompetent to proceed because of age or immaturity,
10908  or for any reason other than for mental illness, intellectual
10909  disability, or autism, must not be committed to the department
10910  or to the Department of Children and Families Family Services
10911  for restoration-of-competency treatment or training services.
10912  For purposes of this section, a child who has committed a
10913  delinquent act or violation of law, either of which would be a
10914  misdemeanor if committed by an adult, may not be committed to
10915  the department or to the Department of Children and Families
10916  Family Services for restoration-of-competency treatment or
10917  training services.
10918         (4) A child who is determined to have mental illness,
10919  intellectual disability, or autism, who has been adjudicated
10920  incompetent to proceed, and who meets the criteria set forth in
10921  subsection (3), must be committed to the Department of Children
10922  and Families Family Services and receive treatment or training
10923  in a secure facility or program that is the least restrictive
10924  alternative consistent with public safety. Any placement of a
10925  child to a secure residential program must be separate from
10926  adult forensic programs. If the child attains competency,
10927  custody, case management, and supervision of the child shall be
10928  transferred to the department in order to continue delinquency
10929  proceedings; however, the court retains authority to order the
10930  Department of Children and Families Family Services to provide
10931  continued treatment or training to maintain competency.
10932         (a) A child adjudicated incompetent due to intellectual
10933  disability or autism may be ordered into a secure program or
10934  facility designated by the Department of Children and Families
10935  Family Services for children who have intellectual disabilities
10936  or autism.
10937         (b) A child adjudicated incompetent due to mental illness
10938  may be ordered into a secure program or facility designated by
10939  the Department of Children and Families Family Services for
10940  children having mental illnesses.
10941         (c) If a child is placed in a secure residential facility,
10942  the department shall provide transportation to the secure
10943  residential facility for admission and from the secure
10944  residential facility upon discharge.
10945         (d) The purpose of the treatment or training is the
10946  restoration of the child’s competency to proceed.
10947         (e) The service provider must file a written report with
10948  the court pursuant to the applicable Florida Rules of Juvenile
10949  Procedure within 6 months after the date of commitment, or at
10950  the end of any period of extended treatment or training, and at
10951  any time the Department of Children and Families Family
10952  Services, through its service provider, determines the child has
10953  attained competency or no longer meets the criteria for secure
10954  placement, or at such shorter intervals as ordered by the court.
10955  A copy of a written report evaluating the child’s competency
10956  must be filed by the provider with the court and with the state
10957  attorney, the child’s attorney, the department, and the
10958  Department of Children and Families Family Services.
10959         (5)
10960         (b) Whenever the provider files a report with the court
10961  informing the court that the child will never become competent
10962  to proceed, the Department of Children and Families Family
10963  Services will develop a discharge plan for the child prior to
10964  any hearing determining whether the child will ever become
10965  competent to proceed and send the plan to the court, the state
10966  attorney, the child’s attorney, and the attorneys representing
10967  the Department of Juvenile Justice. The provider will continue
10968  to provide services to the child until the court issues the
10969  order finding the child will never become competent to proceed.
10970         (6)(a) If a child is determined to have mental illness,
10971  intellectual disability, or autism and is found to be
10972  incompetent to proceed but does not meet the criteria set forth
10973  in subsection (3), the court shall commit the child to the
10974  Department of Children and Families Family Services and order
10975  the Department of Children and Families Family Services to
10976  provide appropriate treatment and training in the community. The
10977  purpose of the treatment or training is the restoration of the
10978  child’s competency to proceed.
10979         (b) All court-ordered treatment or training must be the
10980  least restrictive alternative that is consistent with public
10981  safety. Any placement by the Department of Children and Families
10982  Family Services to a residential program must be separate from
10983  adult forensic programs.
10984         (c) If a child is ordered to receive competency restoration
10985  services, the services shall be provided by the Department of
10986  Children and Families Family Services. The department shall
10987  continue to provide case management services to the child and
10988  receive notice of the competency status of the child.
10989         (d) The service provider must file a written report with
10990  the court pursuant to the applicable Florida Rules of Juvenile
10991  Procedure, not later than 6 months after the date of commitment,
10992  at the end of any period of extended treatment or training, and
10993  at any time the service provider determines the child has
10994  attained competency or will never attain competency, or at such
10995  shorter intervals as ordered by the court. A copy of a written
10996  report evaluating the child’s competency must be filed by the
10997  provider with the court, the state attorney, the child’s
10998  attorney, the Department of Children and Families Family
10999  Services, and the department.
11000         Section 351. Paragraph (f) of subsection (6) of section
11001  985.433, Florida Statutes, is amended to read:
11002         985.433 Disposition hearings in delinquency cases.—When a
11003  child has been found to have committed a delinquent act, the
11004  following procedures shall be applicable to the disposition of
11005  the case:
11006         (6) The first determination to be made by the court is a
11007  determination of the suitability or nonsuitability for
11008  adjudication and commitment of the child to the department. This
11009  determination shall include consideration of the recommendations
11010  of the department, which may include a predisposition report.
11011  The predisposition report shall include, whether as part of the
11012  child’s multidisciplinary assessment, classification, and
11013  placement process components or separately, evaluation of the
11014  following criteria:
11015         (f) The record and previous criminal history of the child,
11016  including without limitations:
11017         1. Previous contacts with the department, the former
11018  Department of Health and Rehabilitative Services, the Department
11019  of Children and Families Family Services, the Department of
11020  Corrections, other law enforcement agencies, and courts.
11021         2. Prior periods of probation.
11022         3. Prior adjudications of delinquency.
11023         4. Prior commitments to institutions.
11024  
11025  It is the intent of the Legislature that the criteria set forth
11026  in this subsection are general guidelines to be followed at the
11027  discretion of the court and not mandatory requirements of
11028  procedure. It is not the intent of the Legislature to provide
11029  for the appeal of the disposition made under this section.
11030         Section 352. Subsections (2) and (3) of section 985.461,
11031  Florida Statutes, are amended to read:
11032         985.461 Transition to adulthood.—
11033         (2) Youth served by the department who are in the custody
11034  of the Department of Children and Families Family Services and
11035  who entered juvenile justice placement from a foster care
11036  placement, if otherwise eligible, may receive independent living
11037  transition services pursuant to s. 409.1451. Court-ordered
11038  commitment or probation with the department is not a barrier to
11039  eligibility for the array of services available to a youth who
11040  is in the dependency foster care system only.
11041         (3) For a dependent child in the foster care system,
11042  adjudication for delinquency does not, by itself, disqualify
11043  such child for eligibility in the Department of Children and
11044  Families Family Services’ independent living program.
11045         Section 353. Paragraph (j) of subsection (11) of section
11046  985.48, Florida Statutes, is amended to read:
11047         985.48 Juvenile sexual offender commitment programs; sexual
11048  abuse intervention networks.—
11049         (11) Membership of a sexual abuse intervention network
11050  shall include, but is not limited to, representatives from:
11051         (j) The Department of Children and Families Family
11052  Services.
11053         Section 354. Paragraph (c) of subsection (4) of section
11054  985.556, Florida Statutes, is amended to read:
11055         985.556 Waiver of juvenile court jurisdiction; hearing.—
11056         (4) WAIVER HEARING.—
11057         (c) The court shall conduct a hearing on all transfer
11058  request motions for the purpose of determining whether a child
11059  should be transferred. In making its determination, the court
11060  shall consider:
11061         1. The seriousness of the alleged offense to the community
11062  and whether the protection of the community is best served by
11063  transferring the child for adult sanctions.
11064         2. Whether the alleged offense was committed in an
11065  aggressive, violent, premeditated, or willful manner.
11066         3. Whether the alleged offense was against persons or
11067  against property, greater weight being given to offenses against
11068  persons, especially if personal injury resulted.
11069         4. The probable cause as found in the report, affidavit, or
11070  complaint.
11071         5. The desirability of trial and disposition of the entire
11072  offense in one court when the child’s associates in the alleged
11073  crime are adults or children who are to be tried as adults.
11074         6. The sophistication and maturity of the child.
11075         7. The record and previous history of the child, including:
11076         a. Previous contacts with the department, the Department of
11077  Corrections, the former Department of Health and Rehabilitative
11078  Services, the Department of Children and Families Family
11079  Services, other law enforcement agencies, and courts;
11080         b. Prior periods of probation;
11081         c. Prior adjudications that the child committed a
11082  delinquent act or violation of law, greater weight being given
11083  if the child has previously been found by a court to have
11084  committed a delinquent act or violation of law involving an
11085  offense classified as a felony or has twice previously been
11086  found to have committed a delinquent act or violation of law
11087  involving an offense classified as a misdemeanor; and
11088         d. Prior commitments to institutions.
11089         8. The prospects for adequate protection of the public and
11090  the likelihood of reasonable rehabilitation of the child, if the
11091  child is found to have committed the alleged offense, by the use
11092  of procedures, services, and facilities currently available to
11093  the court.
11094         Section 355. Paragraph (b) of subsection (1) of section
11095  985.565, Florida Statutes, is amended to read:
11096         985.565 Sentencing powers; procedures; alternatives for
11097  juveniles prosecuted as adults.—
11098         (1) POWERS OF DISPOSITION.—
11099         (b) In determining whether to impose juvenile sanctions
11100  instead of adult sanctions, the court shall consider the
11101  following criteria:
11102         1. The seriousness of the offense to the community and
11103  whether the community would best be protected by juvenile or
11104  adult sanctions.
11105         2. Whether the offense was committed in an aggressive,
11106  violent, premeditated, or willful manner.
11107         3. Whether the offense was against persons or against
11108  property, with greater weight being given to offenses against
11109  persons, especially if personal injury resulted.
11110         4. The sophistication and maturity of the offender.
11111         5. The record and previous history of the offender,
11112  including:
11113         a. Previous contacts with the Department of Corrections,
11114  the Department of Juvenile Justice, the former Department of
11115  Health and Rehabilitative Services, the Department of Children
11116  and Families Family Services, law enforcement agencies, and the
11117  courts.
11118         b. Prior periods of probation.
11119         c. Prior adjudications that the offender committed a
11120  delinquent act or violation of law as a child.
11121         d. Prior commitments to the Department of Juvenile Justice,
11122  the former Department of Health and Rehabilitative Services, the
11123  Department of Children and Families Family Services, or other
11124  facilities or institutions.
11125         6. The prospects for adequate protection of the public and
11126  the likelihood of deterrence and reasonable rehabilitation of
11127  the offender if assigned to services and facilities of the
11128  Department of Juvenile Justice.
11129         7. Whether the Department of Juvenile Justice has
11130  appropriate programs, facilities, and services immediately
11131  available.
11132         8. Whether adult sanctions would provide more appropriate
11133  punishment and deterrence to further violations of law than the
11134  imposition of juvenile sanctions.
11135         Section 356. Subsection (4) of section 985.601, Florida
11136  Statutes, is amended to read:
11137         985.601 Administering the juvenile justice continuum.—
11138         (4) The department shall maintain continuing cooperation
11139  with the Department of Education, the Department of Children and
11140  Families Family Services, the Department of Economic
11141  Opportunity, and the Department of Corrections for the purpose
11142  of participating in agreements with respect to dropout
11143  prevention and the reduction of suspensions, expulsions, and
11144  truancy; increased access to and participation in GED,
11145  vocational, and alternative education programs; and employment
11146  training and placement assistance. The cooperative agreements
11147  between the departments shall include an interdepartmental plan
11148  to cooperate in accomplishing the reduction of inappropriate
11149  transfers of children into the adult criminal justice and
11150  correctional systems.
11151         Section 357. Subsection (1) of section 985.61, Florida
11152  Statutes, is amended to read:
11153         985.61 Early delinquency intervention program; criteria.—
11154         (1) The Department of Juvenile Justice shall, contingent
11155  upon specific appropriation and with the cooperation of local
11156  law enforcement agencies, the judiciary, district school board
11157  personnel, the office of the state attorney, the office of the
11158  public defender, the Department of Children and Families Family
11159  Services, and community service agencies that work with
11160  children, establish an early delinquency intervention program,
11161  the components of which shall include, but not be limited to:
11162         (a) Case management services.
11163         (b) Treatment modalities, including substance abuse
11164  treatment services, mental health services, and services for
11165  intellectual disabilities.
11166         (c) Prevocational education and career education services.
11167         (d) Diagnostic evaluation services.
11168         (e) Educational services.
11169         (f) Self-sufficiency planning.
11170         (g) Independent living skills.
11171         (h) Parenting skills.
11172         (i) Recreational and leisure time activities.
11173         (j) Program evaluation.
11174         (k) Medical screening.
11175         Section 358. Section 985.614, Florida Statutes, is amended
11176  to read:
11177         985.614 Children locked out of the home; interagency
11178  cooperation.—The department and the Department of Children and
11179  Families Family Services shall encourage interagency cooperation
11180  within each circuit and shall develop comprehensive agreements
11181  between the staff and providers for each department in order to
11182  coordinate the services provided to children who are locked out
11183  of the home and the families of those children.
11184         Section 359. Section 985.64, Florida Statutes, is amended
11185  to read:
11186         985.64 Rulemaking.—
11187         (1) The department shall adopt rules pursuant to ss.
11188  120.536(1) and 120.54 to implement the provisions of this
11189  chapter. Such rules may not conflict with the Florida Rules of
11190  Juvenile Procedure. All rules and policies must conform to
11191  accepted standards of care and treatment.
11192         (2) The department shall adopt rules to ensure the
11193  effective provision of health services to youth in facilities or
11194  programs operated or contracted by the department. The rules
11195  shall address the delivery of the following:
11196         (a) Ordinary medical care.
11197         (b) Mental health services.
11198         (c) Substance abuse treatment services.
11199         (d) Services to youth with developmental disabilities.
11200  
11201  The department shall coordinate its rulemaking with the
11202  Department of Children and Families Family Services and the
11203  Agency for Persons with Disabilities to ensure that the rules
11204  adopted under this section do not encroach upon the substantive
11205  jurisdiction of those agencies. The department shall include the
11206  above-mentioned entities in the rulemaking process, as
11207  appropriate. This subsection does not supersede the provisions
11208  governing consent to treatment and services found in ss. 39.407,
11209  743.0645, and 985.18, or otherwise provided by law.
11210         Section 360. Paragraph (a) of subsection (1) of section
11211  985.731, Florida Statutes, is amended to read:
11212         985.731 Sheltering unmarried minors; aiding unmarried minor
11213  runaways; violations.—
11214         (1)(a) A person who is not an authorized agent of the
11215  department or the Department of Children and Families Family
11216  Services may not knowingly shelter an unmarried minor for more
11217  than 24 hours without the consent of the minor’s parent or
11218  guardian or without notifying a law enforcement officer of the
11219  minor’s name and the fact that the minor is being provided
11220  shelter.
11221         Section 361. Subsection (3) of section 985.8025, Florida
11222  Statutes, is amended to read:
11223         985.8025 State Council for Interstate Juvenile Offender
11224  Supervision.—
11225         (3) Appointees shall be selected from individuals with
11226  personal or professional experience in the juvenile justice
11227  system and may include a victim’s advocate, employees of the
11228  Department of Children and Families Family Services, employees
11229  of the Department of Law Enforcement who work with missing and
11230  exploited children, and a parent who, at the time of
11231  appointment, does not have a child involved in the juvenile
11232  justice system.
11233         Section 362. Paragraph (m) of subsection (4) of section
11234  1001.42, Florida Statutes, is amended to read:
11235         1001.42 Powers and duties of district school board.—The
11236  district school board, acting as a board, shall exercise all
11237  powers and perform all duties listed below:
11238         (4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF SCHOOLS.
11239  Adopt and provide for the execution of plans for the
11240  establishment, organization, and operation of the schools of the
11241  district, including, but not limited to, the following:
11242         (m) Alternative education programs for students in
11243  residential care facilities.—Provide, in accordance with the
11244  provisions of s. 1003.58, educational programs according to
11245  rules of the State Board of Education to students who reside in
11246  residential care facilities operated by the Department of
11247  Children and Families Family Services.
11248         Section 363. Subsection (7) of section 1002.3305, Florida
11249  Statutes, is amended to read:
11250         1002.3305 College-Preparatory Boarding Academy Pilot
11251  Program for at-risk students.—
11252         (7) FUNDING.—The college-preparatory boarding academy must
11253  be a public school and part of the state’s program of education.
11254  The program may receive state and federal funding from
11255  noneducation sources, and such funds may be transferred between
11256  state agencies to provide for the operations of the program. The
11257  State Board of Education shall coordinate, streamline, and
11258  simplify any requirements to eliminate duplicate, redundant, or
11259  conflicting requirements and oversight by various governmental
11260  programs or agencies. Funding for the operation of the boarding
11261  academy is contingent on the development of a plan by the
11262  Department of Education, the Department of Juvenile Justice, and
11263  the Department of Children and Families Family Services which
11264  details how educational and noneducational funds that would
11265  otherwise be committed to the students in the school and their
11266  families can be repurposed to provide for the operation of the
11267  school and related services. Such plans must be based on federal
11268  and state funding streams for children and families meeting the
11269  eligibility criteria for eligible students as specified in
11270  paragraph (2)(b) and include recommendations for modifications
11271  to the criteria for eligible students which further the
11272  program’s goals or improve the feasibility of using existing
11273  funding sources. The plan shall be submitted, together with
11274  relevant budget requests, through the legislative budget request
11275  process under s. 216.023 or through requests for budget
11276  amendments to the Legislative Budget Commission in accordance
11277  with s. 216.181.
11278         Section 364. Paragraph (c) of subsection (2) of section
11279  1002.395, Florida Statutes, is amended to read:
11280         1002.395 Florida Tax Credit Scholarship Program.—
11281         (2) DEFINITIONS.—As used in this section, the term:
11282         (c) “Direct certification list” means the certified list of
11283  children who qualify for the food assistance program, the
11284  Temporary Assistance to Needy Families Program, or the Food
11285  Distribution Program on Indian Reservations provided to the
11286  Department of Education by the Department of Children and
11287  Families Family Services.
11288         Section 365. Subsection (3) of section 1002.57, Florida
11289  Statutes, is amended to read:
11290         1002.57 Prekindergarten director credential.—
11291         (3) The prekindergarten director credential must meet or
11292  exceed the requirements of the Department of Children and
11293  Families Family Services for the child care facility director
11294  credential under s. 402.305(2)(f), and successful completion of
11295  the prekindergarten director credential satisfies these
11296  requirements for the child care facility director credential.
11297         Section 366. Subsection (4) of section 1003.27, Florida
11298  Statutes, is amended to read:
11299         1003.27 Court procedure and penalties.—The court procedure
11300  and penalties for the enforcement of the provisions of this
11301  part, relating to compulsory school attendance, shall be as
11302  follows:
11303         (4) COOPERATIVE AGREEMENTS.—The circuit manager of the
11304  Department of Juvenile Justice or the circuit manager’s
11305  designee, the district administrator of the Department of
11306  Children and Families Family Services or the district
11307  administrator’s designee, and the district school superintendent
11308  or the superintendent’s designee must develop a cooperative
11309  interagency agreement that:
11310         (a) Clearly defines each department’s role, responsibility,
11311  and function in working with habitual truants and their
11312  families.
11313         (b) Identifies and implements measures to resolve and
11314  reduce truant behavior.
11315         (c) Addresses issues of streamlining service delivery, the
11316  appropriateness of legal intervention, case management, the role
11317  and responsibility of the case staffing committee, student and
11318  parental intervention and involvement, and community action
11319  plans.
11320         (d) Delineates timeframes for implementation and identifies
11321  a mechanism for reporting results by the circuit juvenile
11322  justice manager or the circuit manager’s designee and the
11323  district school superintendent or the superintendent’s designee
11324  to the Department of Juvenile Justice and the Department of
11325  Education and other governmental entities as needed.
11326         (e) Designates which agency is responsible for each of the
11327  intervention steps in this section, to yield more effective and
11328  efficient intervention services.
11329         Section 367. Subsection (1) of section 1003.49, Florida
11330  Statutes, is amended to read:
11331         1003.49 Graduation and promotion requirements for publicly
11332  operated schools.—
11333         (1) Each state or local public agency, including the
11334  Department of Children and Families Family Services, the
11335  Department of Corrections, the boards of trustees of
11336  universities and Florida College System institutions, and the
11337  Board of Trustees of the Florida School for the Deaf and the
11338  Blind, which agency is authorized to operate educational
11339  programs for students at any level of grades kindergarten
11340  through 12 shall be subject to all applicable requirements of
11341  ss. 1003.428, 1003.429, 1008.23, and 1008.25. Within the content
11342  of these cited statutes each such state or local public agency
11343  or entity shall be considered a “district school board.”
11344         Section 368. Subsection (1) of section 1003.51, Florida
11345  Statutes, is amended to read:
11346         1003.51 Other public educational services.—
11347         (1) The general control of other public educational
11348  services shall be vested in the State Board of Education except
11349  as provided herein. The State Board of Education shall, at the
11350  request of the Department of Children and Families Family
11351  Services and the Department of Juvenile Justice, advise as to
11352  standards and requirements relating to education to be met in
11353  all state schools or institutions under their control which
11354  provide educational programs. The Department of Education shall
11355  provide supervisory services for the educational programs of all
11356  such schools or institutions. The direct control of any of these
11357  services provided as part of the district program of education
11358  shall rest with the district school board. These services shall
11359  be supported out of state, district, federal, or other lawful
11360  funds, depending on the requirements of the services being
11361  supported.
11362         Section 369. Paragraph (a) of subsection (3) of section
11363  1003.57, Florida Statutes, is amended to read:
11364         1003.57 Exceptional students instruction.—
11365         (3)(a) For purposes of this subsection and subsection (4),
11366  the term:
11367         1. “Agency” means the Department of Children and Families
11368  Family Services or its contracted lead agency, the Agency for
11369  Persons with Disabilities, and the Agency for Health Care
11370  Administration.
11371         2. “Exceptional student” means an exceptional student, as
11372  defined in s. 1003.01, who has a disability.
11373         3. “Receiving school district” means the district in which
11374  a private residential care facility is located.
11375         4. “Placement” means the funding or arrangement of funding
11376  by an agency for all or a part of the cost for an exceptional
11377  student to reside in a private residential care facility and the
11378  placement crosses school district lines.
11379  
11380  The requirements of paragraphs (c) and (d) do not apply to
11381  written agreements among school districts which specify each
11382  school district’s responsibility for providing and paying for
11383  educational services to an exceptional student in a residential
11384  care facility. However, each agreement must require a school
11385  district to review the student’s IEP within 10 business days
11386  after receiving the notification required under paragraph (b).
11387         Section 370. Section 1003.58, Florida Statutes, is amended
11388  to read:
11389         1003.58 Students in residential care facilities.—Each
11390  district school board shall provide educational programs
11391  according to rules of the State Board of Education to students
11392  who reside in residential care facilities operated by the
11393  Department of Children and Families Family Services or the
11394  Agency for Persons with Disabilities.
11395         (1) The district school board shall not be charged any
11396  rent, maintenance, utilities, or overhead on such facilities.
11397  Maintenance, repairs, and remodeling of existing facilities
11398  shall be provided by the Department of Children and Families
11399  Family Services or the Agency for Persons with Disabilities, as
11400  appropriate.
11401         (2) If additional facilities are required, the district
11402  school board and the Department of Children and Families Family
11403  Services or the Agency for Persons with Disabilities, as
11404  appropriate, shall agree on the appropriate site based on the
11405  instructional needs of the students. When the most appropriate
11406  site for instruction is on district school board property, a
11407  special capital outlay request shall be made by the commissioner
11408  in accordance with s. 1013.60. When the most appropriate site is
11409  on state property, state capital outlay funds shall be requested
11410  by the department or agency in accordance with chapter 216. Any
11411  instructional facility to be built on state property shall have
11412  educational specifications jointly developed by the school
11413  district and the department or agency and approved by the
11414  Department of Education. The size of space and occupant design
11415  capacity criteria as provided by state board rules shall be used
11416  for remodeling or new construction whether facilities are
11417  provided on state property or district school board property.
11418  The planning of such additional facilities shall incorporate
11419  current state deinstitutionalization goals and plans.
11420         (3) The district school board shall have full and complete
11421  authority in the matter of the assignment and placement of such
11422  students in educational programs. The parent of an exceptional
11423  student shall have the same due process rights as are provided
11424  under s. 1003.57(1)(c).
11425         (4) The district school board shall have a written
11426  agreement with the Department of Children and Families Family
11427  Services and the Agency for Persons with Disabilities outlining
11428  the respective duties and responsibilities of each party.
11429  
11430  Notwithstanding the provisions herein, the educational program
11431  at the Marianna Sunland Center in Jackson County shall be
11432  operated by the Department of Education, either directly or
11433  through grants or contractual agreements with other public or
11434  duly accredited educational agencies approved by the Department
11435  of Education.
11436         Section 371. Subsection (2) of section 1004.44, Florida
11437  Statutes, is amended to read:
11438         1004.44 Louis de la Parte Florida Mental Health Institute.
11439  There is established the Louis de la Parte Florida Mental Health
11440  Institute within the University of South Florida.
11441         (2) The Department of Children and Families Family Services
11442  is authorized to designate the Louis de la Parte Florida Mental
11443  Health Institute a treatment facility for the purpose of
11444  accepting voluntary and involuntary clients in accordance with
11445  institute programs. Clients to be admitted are exempted from
11446  prior screening by a community mental health center.
11447         Section 372. Section 1004.61, Florida Statutes, is amended
11448  to read:
11449         1004.61 Partnerships to develop child protection workers.
11450  The Department of Children and Families Family Services is
11451  directed to form partnerships with the schools of social work of
11452  the state universities in order to encourage the development of
11453  graduates trained to work in child protection. The department
11454  shall give hiring preferences for child protection jobs to
11455  graduates who have earned bachelor’s and master’s degrees from
11456  these programs with a concentration in child protection. The
11457  partnership between the Department of Children and Families
11458  Family Services and the schools of social work shall include,
11459  but not be limited to, modifying existing graduate and
11460  undergraduate social work curricula, providing field placements
11461  for students into child protection internships in the
11462  department, and collaborating in the design and delivery of
11463  advanced levels of social work practice.
11464         Section 373. Paragraph (c) of subsection (3) of section
11465  1004.93, Florida Statutes, is amended to read:
11466         1004.93 Adult general education.—
11467         (3)
11468         (c) To the extent funds are available, the Department of
11469  Children and Families Family Services shall provide for day care
11470  and transportation services to clients who enroll in adult basic
11471  education programs.
11472         Section 374. Subsection (1) of section 1006.03, Florida
11473  Statutes, is amended to read:
11474         1006.03 Diagnostic and learning resource centers.—
11475         (1) The department shall maintain regional diagnostic and
11476  learning resource centers for exceptional students, to assist in
11477  the provision of medical, physiological, psychological, and
11478  educational testing and other services designed to evaluate and
11479  diagnose exceptionalities, to make referrals for necessary
11480  instruction and services, and to facilitate the provision of
11481  instruction and services to exceptional students. The department
11482  shall cooperate with the Department of Children and Families
11483  Family Services in identifying service needs and areas.
11484         Section 375. Subsection (3) of section 1006.061, Florida
11485  Statutes, is amended to read:
11486         1006.061 Child abuse, abandonment, and neglect policy.—Each
11487  district school board, charter school, and private school that
11488  accepts scholarship students under s. 1002.39 or s. 1002.395
11489  shall:
11490         (3) Require the principal of the charter school or private
11491  school, or the district school superintendent, or the
11492  superintendent’s designee, at the request of the Department of
11493  Children and Families Family Services, to act as a liaison to
11494  the Department of Children and Families Family Services and the
11495  child protection team, as defined in s. 39.01, when in a case of
11496  suspected child abuse, abandonment, or neglect or an unlawful
11497  sexual offense involving a child the case is referred to such a
11498  team; except that this does not relieve or restrict the
11499  Department of Children and Families Family Services from
11500  discharging its duty and responsibility under the law to
11501  investigate and report every suspected or actual case of child
11502  abuse, abandonment, or neglect or unlawful sexual offense
11503  involving a child.
11504  
11505  The Department of Education shall develop, and publish on the
11506  department’s Internet website, sample notices suitable for
11507  posting in accordance with subsections (1) and (2).
11508         Section 376. Subsection (3) of section 1008.39, Florida
11509  Statutes, is amended to read:
11510         1008.39 Florida Education and Training Placement
11511  Information Program.—
11512         (3) The Florida Education and Training Placement
11513  Information Program must not make public any information that
11514  could identify an individual or the individual’s employer. The
11515  Department of Education must ensure that the purpose of
11516  obtaining placement information is to evaluate and improve
11517  public programs or to conduct research for the purpose of
11518  improving services to the individuals whose social security
11519  numbers are used to identify their placement. If an agreement
11520  assures that this purpose will be served and that privacy will
11521  be protected, the Department of Education shall have access to
11522  the reemployment assistance wage reports maintained by the
11523  Department of Economic Opportunity, the files of the Department
11524  of Children and Families Family Services that contain
11525  information about the distribution of public assistance, the
11526  files of the Department of Corrections that contain records of
11527  incarcerations, and the files of the Department of Business and
11528  Professional Regulation that contain the results of licensure
11529  examination.
11530         Section 377. Paragraphs (c) and (d) of subsection (1) of
11531  section 1009.25, Florida Statutes, are amended to read:
11532         1009.25 Fee exemptions.—
11533         (1) The following students are exempt from the payment of
11534  tuition and fees, including lab fees, at a school district that
11535  provides workforce education programs, Florida College System
11536  institution, or state university:
11537         (c) A student who is or was at the time he or she reached
11538  18 years of age in the custody of the Department of Children and
11539  Families Family Services or who, after spending at least 6
11540  months in the custody of the department after reaching 16 years
11541  of age, was placed in a guardianship by the court. Such
11542  exemption includes fees associated with enrollment in applied
11543  academics for adult education instruction. The exemption remains
11544  valid until the student reaches 28 years of age.
11545         (d) A student who is or was at the time he or she reached
11546  18 years of age in the custody of a relative under s. 39.5085 or
11547  who was adopted from the Department of Children and Families
11548  Family Services after May 5, 1997. Such exemption includes fees
11549  associated with enrollment in applied academics for adult
11550  education instruction. The exemption remains valid until the
11551  student reaches 28 years of age.
11552         Section 378. Subsection (1) of section 1010.57, Florida
11553  Statutes, is amended to read:
11554         1010.57 Bonds payable from motor vehicle license tax funds;
11555  instruction units computed.—
11556         (1) For the purpose of administering the provisions of s.
11557  9(d), Art. XII of the State Constitution as amended in 1972, the
11558  number of current instruction units in districts shall be
11559  computed annually by the Department of Education by multiplying
11560  the number of full-time equivalent students in programs under s.
11561  1011.62(1)(c) in each district by the cost factors established
11562  in the General Appropriations Act and dividing by 23, except
11563  that all basic program cost factors shall be one, and the
11564  special program cost factors for hospital- and homebound I and
11565  for community service shall be zero. Full-time equivalent
11566  membership for students residing in Department of Children and
11567  Families Family Services residential care facilities or
11568  identified as Department of Juvenile Justice students shall not
11569  be included in this computation. Any portion of the fund not
11570  expended during any fiscal year may be carried forward in
11571  ensuing budgets and shall be temporarily invested as prescribed
11572  by law or rules of the State Board of Education.
11573         Section 379. Paragraph (d) of subsection (1) of section
11574  1011.62, Florida Statutes, is amended to read:
11575         1011.62 Funds for operation of schools.—If the annual
11576  allocation from the Florida Education Finance Program to each
11577  district for operation of schools is not determined in the
11578  annual appropriations act or the substantive bill implementing
11579  the annual appropriations act, it shall be determined as
11580  follows:
11581         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
11582  OPERATION.—The following procedure shall be followed in
11583  determining the annual allocation to each district for
11584  operation:
11585         (d) Annual allocation calculation.—
11586         1. The Department of Education is authorized and directed
11587  to review all district programs and enrollment projections and
11588  calculate a maximum total weighted full-time equivalent student
11589  enrollment for each district for the K-12 FEFP.
11590         2. Maximum enrollments calculated by the department shall
11591  be derived from enrollment estimates used by the Legislature to
11592  calculate the FEFP. If two or more districts enter into an
11593  agreement under the provisions of s. 1001.42(4)(d), after the
11594  final enrollment estimate is agreed upon, the amount of FTE
11595  specified in the agreement, not to exceed the estimate for the
11596  specific program as identified in paragraph (c), may be
11597  transferred from the participating districts to the district
11598  providing the program.
11599         3. As part of its calculation of each district’s maximum
11600  total weighted full-time equivalent student enrollment, the
11601  department shall establish separate enrollment ceilings for each
11602  of two program groups. Group 1 shall be composed of basic
11603  programs for grades K-3, grades 4-8, and grades 9-12. Group 2
11604  shall be composed of students in exceptional student education
11605  programs support levels IV and V, English for Speakers of Other
11606  Languages programs, and all career programs in grades 9-12.
11607         a. For any calculation of the FEFP, the enrollment ceiling
11608  for group 1 shall be calculated by multiplying the actual
11609  enrollment for each program in the program group by its
11610  appropriate program weight.
11611         b. The weighted enrollment ceiling for group 2 programs
11612  shall be calculated by multiplying the enrollment for each
11613  program by the appropriate program weight as provided in the
11614  General Appropriations Act. The weighted enrollment ceiling for
11615  program group 2 shall be the sum of the weighted enrollment
11616  ceilings for each program in the program group, plus the
11617  increase in weighted full-time equivalent student membership
11618  from the prior year for clients of the Department of Children
11619  and Families Family Services and the Department of Juvenile
11620  Justice.
11621         c. If, for any calculation of the FEFP, the weighted
11622  enrollment for program group 2, derived by multiplying actual
11623  enrollments by appropriate program weights, exceeds the
11624  enrollment ceiling for that group, the following procedure shall
11625  be followed to reduce the weighted enrollment for that group to
11626  equal the enrollment ceiling:
11627         (I) The weighted enrollment ceiling for each program in the
11628  program group shall be subtracted from the weighted enrollment
11629  for that program derived from actual enrollments.
11630         (II) If the difference calculated under sub-sub
11631  subparagraph (I) is greater than zero for any program, a
11632  reduction proportion shall be computed for the program by
11633  dividing the absolute value of the difference by the total
11634  amount by which the weighted enrollment for the program group
11635  exceeds the weighted enrollment ceiling for the program group.
11636         (III) The reduction proportion calculated under sub-sub
11637  subparagraph (II) shall be multiplied by the total amount of the
11638  program group’s enrollment over the ceiling as calculated under
11639  sub-sub-subparagraph (I).
11640         (IV) The prorated reduction amount calculated under sub
11641  sub-subparagraph (III) shall be subtracted from the program’s
11642  weighted enrollment to produce a revised program weighted
11643  enrollment.
11644         (V) The prorated reduction amount calculated under sub-sub
11645  subparagraph (III) shall be divided by the appropriate program
11646  weight, and the result shall be added to the revised program
11647  weighted enrollment computed in sub-sub-subparagraph (IV).
11648         Section 380. Subsection (1) of section 1012.32, Florida
11649  Statutes, is amended to read:
11650         1012.32 Qualifications of personnel.—
11651         (1) To be eligible for appointment in any position in any
11652  district school system, a person must be of good moral
11653  character; must have attained the age of 18 years, if he or she
11654  is to be employed in an instructional capacity; must not be
11655  ineligible for such employment under s. 1012.315; and must, when
11656  required by law, hold a certificate or license issued under
11657  rules of the State Board of Education or the Department of
11658  Children and Families Family Services, except when employed
11659  pursuant to s. 1012.55 or under the emergency provisions of s.
11660  1012.24. Previous residence in this state shall not be required
11661  in any school of the state as a prerequisite for any person
11662  holding a valid Florida certificate or license to serve in an
11663  instructional capacity.
11664         Section 381. Section 1012.62, Florida Statutes, is amended
11665  to read:
11666         1012.62 Transfer of sick leave and annual leave.—In
11667  implementing the provisions of ss. 402.22(1)(d) and
11668  1001.42(4)(m), educational personnel in Department of Children
11669  and Families Family Services residential care facilities who are
11670  employed by a district school board may request, and the
11671  district school board shall accept, a lump-sum transfer of
11672  accumulated sick leave for such personnel to the maximum allowed
11673  by policies of the district school board, notwithstanding the
11674  provisions of s. 110.122. Educational personnel in Department of
11675  Children and Families Family Services residential care
11676  facilities who are employed by a district school board under the
11677  provisions of s. 402.22(1)(d) may request, and the district
11678  school board shall accept, a lump-sum transfer of accumulated
11679  annual leave for each person employed by the district school
11680  board in a position in the district eligible to accrue vacation
11681  leave under policies of the district school board.
11682         Section 382. Subsection (12) of section 1012.98, Florida
11683  Statutes, is amended to read:
11684         1012.98 School Community Professional Development Act.—
11685         (12) The department shall require teachers in grades 1-12
11686  to participate in continuing education training provided by the
11687  Department of Children and Families Family Services on
11688  identifying and reporting child abuse and neglect.
11689         Reviser’s note.—Amended to conform references within the Florida
11690         Statutes to the redesignation of the Department of Children
11691         and Family Services as the Department of Children and
11692         Families by s. 2, ch. 2012-84, Laws of Florida.
11693         Section 383. This act shall take effect on the 60th day
11694  after adjournment sine die of the session of the Legislature in
11695  which enacted.