Senate Bill 2312

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    Florida Senate - 1998                                  SB 2312

    By Senator Dudley





    25-847A-98

  1                      A bill to be entitled

  2         An act relating to persons with developmental

  3         disabilities; requiring that the Department of

  4         Children and Family Services develop a plan for

  5         closing the developmental services institutions

  6         by a specified date and relocating the

  7         residents to homes in the community; providing

  8         for funding to be discontinued for facilities

  9         that serve more than a specified number of

10         residents; providing an exception for cluster

11         homes in operation on a specified date;

12         creating the Commission on Reforms for Persons

13         with Developmental Disabilities to oversee the

14         integration of persons into homes in the

15         community; providing for membership of the

16         commission; providing for organization of the

17         commission and meetings; specifying duties of

18         the commission; requiring that the commission

19         make biennial reports to the Governor, the

20         Legislature, and certain other officials;

21         amending s. 393.062, F.S.; revising legislative

22         findings and intent with respect to programs

23         for persons with developmental disabilities;

24         amending s. 393.063, F.S.; revising

25         definitions; amending s. 393.064, F.S.;

26         providing requirements for prevention services

27         provided for children with developmental

28         disabilities; amending s. 393.0651, F.S.;

29         revising requirements for the family or

30         individual support plan; providing for services

31         to be provided in the most inclusive

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  1         environment; revising certain facilities that

  2         are considered for placement; amending s.

  3         393.0655, F.S., relating to screening of direct

  4         service providers; conforming provisions to

  5         changes made by the act; amending s. 393.066,

  6         F.S.; providing for residential services to be

  7         provided in small homes that do not serve more

  8         than a specified number of individuals;

  9         amending s. 393.067, F.S.; deleting references

10         to the comprehensive transition education

11         program; providing for discontinuing the

12         funding for certain facilities after a

13         specified date; providing that a residential

14         facility is a single-family unit and a

15         noncommercial residential use for purposes of

16         local laws and ordinances; amending s. 393.068,

17         F.S.; revising the requirements for the

18         residential services provided under the family

19         care program; providing for certain services to

20         be provided under a voucher system; amending s.

21         393.075, F.S., relating to general liability

22         coverage; conforming provisions to changes made

23         by the act; repealing s. 393.11, F.S., relating

24         to involuntary admission to residential

25         services; amending s. 393.13, F.S., relating to

26         the Bill of Rights of Persons with

27         Developmental Disabilities; providing

28         requirements for the personal treatment of

29         persons with developmental disabilities;

30         amending s. 393.14, F.S.; providing

31         requirements for the department's multiyear

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  1         plan; amending s. 393.15, F.S., relating to the

  2         Community Resources Development Trust Fund;

  3         conforming provisions to changes made by the

  4         act; amending s. 393.165, F.S.; revising

  5         legislative findings and intent with respect to

  6         providing services for persons with

  7         developmental disabilities in small residential

  8         homes; amending s. 393.166, F.S.; providing for

  9         the licensure of facilities that house not more

10         than a specified number of persons with

11         developmental disabilities; amending s. 393.17,

12         F.S.; providing requirements for the

13         department's certification program; repealing

14         s. 393.21, F.S., relating to developmental

15         services institutions; amending s. 393.31,

16         F.S.; authorizing the department to contract

17         with rehabilitation workshop facilities;

18         amending s. 393.22, F.S.; providing for

19         determining eligibility for services; amending

20         s. 393.50, F.S.; providing for extended

21         employment for persons with developmental

22         disabilities; amending s. 393.501, F.S.;

23         revising the department's rulemaking authority;

24         providing an effective date.

25

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

27

28         Section 1.  The Department of Children and Family

29  Services shall develop a plan by March 30, 1999, for closing

30  the four developmental services institutions in the state

31  operated under chapter 393, Florida Statutes, and shall

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  1  relocate the residents to homes in the community by July 30,

  2  2003. In addition, by July 30, 2003, the department shall

  3  discontinue the support and funding under chapter 393, Florida

  4  Statutes, for any private facility that serves more than six

  5  individuals with developmental disabilities, except that a

  6  cluster home in operation on July 1, 1998, and which otherwise

  7  complies with chapter 393, Florida Statutes, shall remain

  8  eligible for support and funding after July 30, 2003.

  9         Section 2.  The Commission on Reforms for Persons with

10  Developmental Disabilities.--

11         (1)  The Commission on Reforms for Persons with

12  Developmental Disabilities is created to oversee the

13  establishment and implementation of a system to safely

14  integrate persons with developmental disabilities into homes

15  in the community of not more than six persons and to provide

16  adequate support and services for such persons, or to safely

17  integrate persons with developmental disabilities, after an

18  informed choice, into cluster homes in operation on July 1,

19  1998. The commission shall develop a plan for implementing

20  this integration and shall monitor the progress of

21  implementation. The commission is assigned to the

22  Developmental Services Program Office of the Department of

23  Children and Family Services for administrative and fiscal

24  purposes, but the commission shall function independently of

25  the department for all other purposes.

26         (2)  Appointments to the commission shall be made by

27  January 15, 1999. The members of the commission shall be

28  appointed from areas within the state to reflect the state's

29  population distribution. The President of the Senate shall

30  appoint four members of the Senate to the commission and the

31  Speaker of the House of Representatives shall appoint four

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  1  members of the House of Representatives to the commission. In

  2  addition, the Governor shall appoint the following members:

  3         (a)  Four members of the staff of the Executive Office

  4  of the Governor.

  5         (b)  Two representatives of the Florida Protection and

  6  Advocacy System for Individuals with Developmental

  7  Disabilities.

  8         (c)  A representative of the Association for Retarded

  9  Citizens.

10         (d)  A representative of the Developmental Disabilities

11  Council.

12         (e)  An individual, or the parent of an individual, who

13  resides in a state-operated institution for persons with

14  developmental disabilities.

15         (f)  An individual, or the parent of an individual, who

16  resides in a private institutional setting.

17         (g)  An individual, or the parent of an individual, who

18  resides in a supported-living environment.

19         (h)  An individual, or the parent of an individual, who

20  resides in a group-living environment.

21         (i)  Two individuals with developmental disabilities

22  who are active self-advocates.

23         (j)  A representative of the Florida Association of

24  Rehabilitation Facilities.

25         (k)  A representative of the support coordination

26  system of the family care program within the Department of

27  Children and Family Services.

28         (l)  A representative who is collectively nominated by

29  the groups that represent individuals who have spina bifida,

30  Prader-Willi syndrome, autism, or spinal cord injuries.

31

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  1         (m)  A representative of the Statewide Human Rights

  2  Advocacy Committee.

  3         (3)  Recognized statewide organizations that represent

  4  the organizations listed in subsection (2) shall submit at

  5  least two and not more than three nominees to the Governor for

  6  consideration for appointment to the commission. Commission

  7  members should represent the ethnic, racial, gender, and

  8  economic population of the state. A vacancy on the commission

  9  shall be filled in the same manner as the original

10  appointment. A member may be removed by the appointing

11  authority for cause. Any member who, without cause, fails to

12  attend three consecutive meetings may be removed by the

13  appointing authority.

14         (4)  The commission shall adopt internal organizational

15  procedures or bylaws necessary for its efficient operation.

16  The commission shall elect a chairperson and a vice

17  chairperson, who shall act as chairperson in the absence of

18  the chairperson. The commission may appoint committees from

19  its membership or may create ad hoc advisory committees as

20  necessary. The commission shall clearly assign to each

21  committee duties that are consistent with the duties of the

22  commission specified in this section. At least one such

23  committee must be created to address the development of

24  policies for safely integrating persons with developmental

25  disabilities into homes in the community, providing adequate

26  support and services for such persons, and monitoring the

27  integration. Any committee shall serve the commission in a

28  strictly advisory capacity and must have a commission member

29  as its chairperson.

30         (5)  The commission shall consider various incentives

31  by which the Department of Children and Family Services may

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  1  encourage providers that operate facilities that serve more

  2  than six individuals with developmental disabilities to

  3  convert to facilities that offer supported-living programs in

  4  homes in the community which serve six or fewer individuals.

  5  By January 15, 1999, the department shall specifically

  6  identify the goals and objectives of the commission. By

  7  October 1, 1999, the commission shall submit its first

  8  biennial report of recommendations to the Governor, the

  9  President of the Senate, the Speaker of the House of

10  Representatives, the Secretary of Children and Family

11  Services, the Protection and Advocacy Association, and each

12  Cabinet member.

13         (6)  Members of the commission shall serve without

14  compensation but are entitled to reimbursement for per diem

15  and travel expenses incurred in the performance of their

16  duties as provided in section 112.061, Florida Statutes.

17  Legislators are entitled to receive travel and per diem

18  expenses in the same manner as provided for meetings of

19  legislative committees. When appropriate, commission members

20  who are parents shall receive a stipend for the costs incurred

21  for child care while attending commission meetings.

22         (7)  By July 30, 2003, each individual with

23  developmental disabilities who resides in a facility that

24  serves more than six individuals must be offered the choice of

25  living in a home in the community that serves six or fewer

26  individuals.

27         (8)  The commission shall review and recommend

28  procedures for safely integrating persons with developmental

29  disabilities into homes in the community that serve not more

30  than six persons and shall recommend the repeal or

31  modification of laws, fiscal policies, or rules that stand in

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  1  the way of such integration. Specifically, the commission

  2  shall:

  3         (a)  Serve as an advisory body to oversee the

  4  development, establishment, implementation, and maintenance of

  5  services that are tailored to meet the individual needs of a

  6  person with developmental disabilities and that allow the

  7  individual to participate fully in his or her community. This

  8  responsibility includes:

  9         1.  Holding public hearings, as necessary, in various

10  parts of the state. The purpose of these hearings is to

11  receive public comment on the status of the integration of

12  persons with developmental disabilities into homes in the

13  community that serve not more than six persons. When feasible,

14  alternative methods such as teleconferencing shall be employed

15  to increase public involvement.

16         2.  Observing the development and implementation of

17  adequate transition plans for persons with developmental

18  disabilities.

19         3.  Recommending changes in laws, rules, and policies

20  needed to implement and maintain a system to safely integrate

21  persons with developmental disabilities into homes in the

22  community and to provide for accountability by persons

23  responsible for implementation.

24         (b)  Review and, with assistance from the Department of

25  Children and Family Services, analyze the necessary changes

26  identified by the commission. The commission's report must

27  include recommendations for changes in the department's

28  service delivery system.

29         (c)  Recommend to the Legislature and the Department of

30  Children and Family Services, as appropriate, the components

31  of a system of improving the delivery of services and for

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  1  providing for accountability of persons responsible for

  2  delivering services. Initial recommendations must be reviewed

  3  and revised as necessary and must include:

  4         1.  Performance standards for effectively delivering

  5  services and achieving the goals set forth in this section,

  6  including a definition of what constitutes adequate progress

  7  in meeting the performance standards. The commission shall

  8  establish the performance standards by April 15, 1999.

  9         2.  Methods for measuring the department's progress in

10  achieving the goals set forth in this section. These

11  assessment methods must include the most effective and

12  efficient procedures available from the current system of

13  assessment and alternative and new assessment practices.

14         3.  Methods for reporting to the public on the progress

15  made by the department, the service districts, and individual

16  service providers in achieving the goals set forth in this

17  section. The commission shall emphasize reporting on

18  improvement and progress in the service delivery system. The

19  commission shall also develop methods for reporting the status

20  of persons with developmental disabilities after transition

21  into homes within the community and on the services that are

22  available within communities.

23         4.  Ways to effectively use existing methods and

24  develop new methods to recognize service providers that meet

25  or make adequate progress in meeting the goals set forth in

26  this section. The commission shall also consider developing

27  incentives to reward service providers that make exceptional

28  progress in meeting the goals.

29         5.  Guidelines that may be adopted as rules by the

30  Department of Children and Family Services to be used to

31  determine if a service provider has failed to meet the goals

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  1  set forth in this section after 3 years of assistance and

  2  intervention, including recommended actions to be taken

  3  against the provider. The guidelines must be stringent and

  4  must ensure that a service provider is not permitted to

  5  continue to inadequately serve persons with developmental

  6  disabilities.

  7         (d)  Use the talents, expertise, and resources within

  8  the state, to whatever extent practicable. The commission may

  9  call upon appropriate agencies of state government for staff

10  assistance, clerical resources, materials, and other support

11  services and coordinate and consult with existing agency and

12  legislative staff, in order that minimum costs and maximum

13  expertise may be achieved.

14         (e)  Have the authority to apply for and accept funds,

15  grants, donations, expenses, in-kind services, or other valued

16  goods or services from the government of the United States or

17  any of its agencies, state government, local governments, or

18  any other public or private source. Funds or services acquired

19  or accepted under this paragraph shall be used to carry out

20  the commission's assigned duties and responsibilities.

21         (f)  Keep full, detailed, and accurate records pursuant

22  to chapter 119, Florida Statutes.

23         (g)  Prepare and submit to the Governor, the President

24  of the Senate, the Speaker of the House of Representatives,

25  the Secretary of Children and Family Services, the Protection

26  and Advocacy Association, and each Cabinet member a biennial

27  report and recommendations. The biennial reports of the

28  commission shall be made available to other appropriate

29  governmental officials and to any other interested person in

30  this state.

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  1         Section 3.  Section 393.062, Florida Statutes, is

  2  amended to read:

  3         393.062  Legislative findings and declaration of

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

  5  state programs for the treatment of individuals with

  6  development disabilities who are developmentally disabled,

  7  which often unnecessarily place clients in large state

  8  institutions, are unreasonably costly, are ineffective in

  9  bringing the individual client to his or her maximum

10  potential, and are in fact debilitating to a great majority of

11  clients.  A redirection in state treatment programs for

12  individuals with developmental disabilities who are

13  developmentally disabled is necessary if any significant

14  amelioration of the problems faced by such individuals is ever

15  to take place.  Such redirection should place primary emphasis

16  on programs that have the potential to prevent or reduce the

17  severity of developmental disabilities.  Further, the

18  Legislature declares that greatest priority shall be given to

19  the development and implementation of community-based

20  residential placements, services, and treatment programs for

21  individuals with developmental disabilities who are

22  developmentally disabled which will enable such individuals to

23  achieve their greatest potential for independent and

24  productive living, which will enable them to live in their own

25  homes or in facilities that serve not more than six

26  individuals located in their own communities, and which will

27  permit clients to be diverted or removed from unnecessary

28  institutional placements.  The Legislature declares that the

29  goal of this chapter act, to improve the quality of life of

30  all individuals with developmental disabilities

31  developmentally disabled persons by the development and

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  1  implementation of community-based residential placements,

  2  services, and treatment, cannot be met without ensuring the

  3  availability of small community residential opportunities for

  4  individuals with developmental disabilities developmentally

  5  disabled persons in the residential areas of this state.  The

  6  Legislature, therefore, declares that all persons with

  7  developmental disabilities who live in licensed community

  8  homes shall have a family living environment comparable to

  9  other Floridians.  The Legislature intends that such

10  residences shall serve not more than six individuals with

11  developmental disabilities and shall be considered and treated

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

13  institution, business, or boarding home.  The Legislature

14  declares that, in developing community-based programs and

15  services for individuals with developmental disabilities who

16  are developmentally disabled, private businesses,

17  not-for-profit corporations, units of local government, and

18  other organizations capable of providing needed services to

19  clients in a cost-efficient manner shall be given preference

20  in lieu of operation of programs directly by state agencies.

21  Finally, it is the intent of the Legislature that all

22  caretakers unrelated to individuals with developmental

23  disabilities receiving care shall be of good moral character.

24         Section 4.  Section 393.063, Florida Statutes, is

25  amended to read:

26         393.063  Definitions.--As used in For the purposes of

27  this chapter, the term:

28         (1)  "Active treatment" means the provision of services

29  by an interdisciplinary team necessary to maximize a client's

30  individual independence or prevent regression or loss of

31  functional status.

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

  2  developmental disability of extended duration which causes

  3  severe learning, communication, and behavior disorders with

  4  age of onset during infancy or childhood. Individuals with

  5  autism exhibit impairment in reciprocal social interaction,

  6  impairment in verbal and nonverbal communication and

  7  imaginative ability, and a markedly restricted repertoire of

  8  activities and interests.

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

10  symptoms of extended duration which results from damage to the

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

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

13  voluntary muscles.  For the purposes of this definition,

14  cerebral palsy does not include those symptoms or impairments

15  resulting solely from a stroke.

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

17  the department for developmental services.

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

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

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

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

22  right or duty to participate.

23         (6)  "Cluster home" means a facility in operation on

24  July 1, 1998, which consists of three homes that serve not

25  more than eight individuals each.

26         (7)(6)  "Comprehensive assessment" means the process

27  which is used to determine eligibility for developmental

28  services and develop the family or individual support plan.

29  The term includes review and evaluation of information

30  provided by the applicant, the individual receiving supports

31  or services through developmental services, or the family, and

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  1  others providing supports or services to the individual or

  2  family, as well as the use of formal assessment instruments.

  3         (7)  "Comprehensive transitional education program"

  4  means a group of jointly operating centers or units, the

  5  collective purpose of which is to provide a sequential series

  6  of educational care, training, treatment, habilitation, and

  7  rehabilitation services to persons who have developmental

  8  disabilities, as defined in subsection (11), and who have

  9  severe or moderate maladaptive behaviors.  However, nothing in

10  this subsection shall require comprehensive transitional

11  education programs to provide services only to persons with

12  developmental disabilities, as defined in subsection (11).

13  All such services shall be temporary in nature and delivered

14  in a structured residential setting with the primary goal of

15  incorporating the normalization principle to establish

16  permanent residence for persons with maladaptive behaviors in

17  facilities not associated with the comprehensive transitional

18  education program.  The staff shall include psychologists and

19  teachers, and such staff personnel shall be available to

20  provide services in each component center or unit of the

21  program.  The psychologists shall be individuals who are

22  licensed in this state and certified as behavior analysts in

23  this state, or individuals who meet the professional

24  requirements established by the department for district

25  behavior analysts and are certified as behavior analysts in

26  this state.

27         (a)  Comprehensive transitional education programs

28  shall include a minimum of two component centers or units, as

29  defined in this paragraph, one of which shall be either an

30  intensive treatment and educational center or a transitional

31  training and educational center, which provide services to

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  1  persons with maladaptive behaviors in the following sequential

  2  order:

  3         1.  Intensive treatment and educational center.  This

  4  component is a self-contained residential unit providing

  5  intensive psychological and educational programming for

  6  persons with severe maladaptive behaviors, whose behaviors

  7  preclude placement in a less restrictive environment due to

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

  9         2.  Transitional training and educational center.  This

10  component is a residential unit for persons with moderate

11  maladaptive behaviors, providing concentrated psychological

12  and educational programming emphasizing a transition toward a

13  less restrictive environment.

14         3.  Community transition residence.  This component is

15  a residential center providing educational programs and such

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

17  persons with maladaptive behaviors to avoid regression to more

18  restrictive environments while preparing them for more

19  independent living. Continuous-shift staff shall be required

20  for this component.

21         4.  Alternative living center.  This component is a

22  residential unit providing an educational and family living

23  environment for persons with maladaptive behaviors, in a

24  moderately unrestricted setting.  Residential staff shall be

25  required for this component.

26         5.  Independent living education center.  This

27  component is a facility providing a family living environment

28  for persons with maladaptive behaviors, in a largely

29  unrestricted setting which includes education and monitoring

30  appropriate to support the development of independent living

31  skills by the students.

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

  2  comprehensive transitional education program are subject to

  3  the license issued to the comprehensive transitional education

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

  5         (c)  Comprehensive transitional education programs

  6  shall develop individual education plans for each person with

  7  maladaptive behaviors who receives services therein.  Such

  8  individual education plans shall be developed in accordance

  9  with the criteria included in Pub. L. No. 94-142, 20 U.S.C.

10  ss. 401 et seq., and 34 C.F.R. part 300.

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

12  with maladaptive behaviors being provided services in a

13  comprehensive transitional education program exceed 120.

14         (e)  This subsection shall authorize licensure for

15  comprehensive transitional education programs which by July 1,

16  1989:

17         1.  Are in actual operation; or

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

19  which a county or city government has approved zoning allowing

20  for the placement of the facilities described in this

21  subsection, and have registered an intent with the department

22  to operate a comprehensive transitional education program.

23         (8)  "Day service" means the care, protection, and

24  supervision of a client for a period of less than 24 hours a

25  day on a regular basis which supplements for the client, in

26  accordance with his or her individual needs, daily care,

27  enrichment opportunities, and health supervision.

28         (9)  "Day facility" means any nonresidential facility

29  which provides day services.

30         (10)  "Department" means the Department of Children and

31  Family Health and Rehabilitative Services.

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  1         (11)  "Developmental disability" means a disorder or

  2  syndrome that is attributable to retardation, cerebral palsy,

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

  4  constitutes a substantial handicap that can reasonably be

  5  expected to continue indefinitely.

  6         (12)  "Developmental services institution" means a

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

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

  9  rehabilitation of clients.

10         (13)  "Developmental training facility" means any

11  nonresidential facility which provides basic training and

12  habilitation to clients.

13         (14)  "Direct service provider," also known as

14  "caregiver" in chapter 415 or "caretaker" in provisions

15  relating to employment security checks, means a person 18

16  years of age or older who has direct contact with individuals

17  with developmental disabilities and is unrelated to the

18  individuals with developmental disabilities.

19         (a)  The term "direct service provider" also includes

20  any person, including members of the direct service provider's

21  family, over 12 years of age who resides with the direct

22  service provider when:

23         1.  The direct service provider provides supports or

24  services in his or her residence;

25         2.  The direct service provider provides supports or

26  services in a facility adjacent to his or her residence; or

27         3.  The person residing with the direct service

28  provider has direct contact with the individual with

29  developmental disabilities during the hours of provision of

30  supports or services.

31

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  1         (b)  Persons residing with the direct service provider,

  2  including family members, who are between the ages of 12 years

  3  and 18 years are not required to be fingerprinted, but shall

  4  be screened for delinquency records.

  5         (c)  A volunteer who assists on an intermittent basis

  6  for less than 40 hours per month is not a direct service

  7  provider for the purposes of screening if the volunteer is

  8  under the direct and constant supervision of persons who meet

  9  the personnel requirements of s. 393.0655.

10         (d)  A physician, nurse, or other professional licensed

11  and regulated by the Department of Business and Professional

12  Regulation is not a direct service provider for the purposes

13  of screening if the service he or she is providing to a client

14  is within the scope of practice for which he or she is

15  licensed.

16         (e)  A person selected by the family or the individual

17  with developmental disabilities and paid by the family or the

18  individual to provide supports or services is not a direct

19  service provider for the purpose of screening.

20         (15)  "District" means a service district of the

21  department.

22         (16)  "Domicile" means the place where a client legally

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

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

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

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

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

28  resident alien.

29         (17)  "Enclave" means a work station in public or

30  private business or industry where a small group of persons

31  with developmental disabilities is employed and receives

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  1  training and support services or follow-along services among

  2  nonhandicapped workers without disabilities.

  3         (18)  "Epilepsy" means a chronic brain disorder of

  4  various causes which is characterized by recurrent seizures

  5  due to excessive discharge of cerebral neurons.  When found

  6  concurrently with retardation, autism, or cerebral palsy,

  7  epilepsy is considered a secondary disability for which the

  8  client is eligible to receive services to ameliorate this

  9  condition according to the provisions of this chapter.

10         (19)  "Express and informed consent" means consent

11  voluntarily given in writing with sufficient knowledge and

12  comprehension of the subject matter involved to enable the

13  person giving consent to make an understanding and enlightened

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

15  or other form of constraint or coercion.

16         (20)  "Extended employee" means a person who has been

17  employed in a rehabilitation workshop facility in excess of 24

18  months.  This period shall include all developmental services

19  relating to evaluation, personal training, and work-adjustment

20  training, and subsequent facility employment.

21         (21)  "Extended employment" means meaningful

22  remunerative activity for at least 20 hours per week.

23         (22)  "Family care program" means an alternative to the

24  individual living in a residential facility residential

25  placement, in which a direct service provider provides a home

26  for a client and assists him or her to the extent necessary

27  for the client to participate in normal activities and to meet

28  the demands of daily living. The program provides the support

29  needed by the client's family or caretaker to meet the

30  individual needs of the client.

31

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

  2  services which shall be provided to persons with developmental

  3  disabilities in all supported employment programs and may

  4  include, but are not limited to, family support, assistance in

  5  meeting transportation and medical needs, employer

  6  intervention, performance evaluation, advocacy, replacement,

  7  retraining or promotional assistance, or other similar support

  8  services.

  9         (24)  "Foster care home facility" means a home that

10  residential facility which provides a family living

11  environment including supervision and care necessary to meet

12  the physical, emotional, and social needs of its residents.

13  The capacity of such a home may facility shall not be more

14  than three residents.

15         (25)  "Group home facility" means a home that

16  residential facility which provides a family living

17  environment including supervision and care necessary to meet

18  the physical, emotional, and social needs of its residents.

19  The capacity of such a home facility shall be at least 4

20  residents but not more than six 15 residents.  For the

21  purposes of this chapter, a group home may facilities shall

22  not be considered a commercial enterprise enterprises.

23         (26)  "Guardian advocate" means a person appointed by

24  the circuit court to represent a person with developmental

25  disabilities in any proceedings brought pursuant to s. 393.12,

26  and excludes the use of the same term as applied to a guardian

27  advocate for mentally ill persons in chapter 394.

28         (27)  "Habilitation" means the process by which a

29  client is assisted to acquire and maintain those life skills

30  which enable the client to cope more effectively with the

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

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

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

  3  formal structured education and treatment.

  4         (28)  "High-risk child" means, for the purposes of this

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

  6  of the following characteristics:

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

  8  physical development.

  9         (b)  A child surviving a catastrophic infectious or

10  traumatic illness known to be associated with developmental

11  delay, when funds are specifically appropriated.

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

13  developmental disabilities who is developmentally disabled and

14  who requires assistance in meeting the child's developmental

15  needs.

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

17  associated with developmental disability.

18         (29)  "Intermediate care facility for the

19  developmentally disabled" or "ICF/DD" means a

20  state-owned-and-operated residential facility licensed in

21  accordance with state law, and certified by the Federal

22  Government pursuant to the Social Security Act, as a provider

23  of Medicaid services to persons who are mentally retarded or

24  who have related conditions. The capacity of such a facility

25  shall not be more than 120 clients.

26         (30)  "Job coach" means a person who provides

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

28  developmental disabilities.

29         (31)  "Medical/dental services" means those services

30  which are provided or ordered for a client by a person

31  licensed pursuant to the provisions of chapter 458, chapter

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  1  459, or chapter 466.  Such services may include, but are not

  2  limited to, prescription drugs, specialized therapies, nursing

  3  supervision, hospitalization, dietary services, prosthetic

  4  devices, surgery, specialized equipment and supplies, adaptive

  5  equipment, and other services as required to prevent or

  6  alleviate a medical or dental condition.

  7         (32)  "Mobile work crew" means a group of workers

  8  employed by an agency that provides services outside the

  9  agency, usually under service contracts.

10         (33)  "Normalization principle" means the principle of

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

12  as possible, making available to the client patterns and

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

14  the norm and patterns of the mainstream of society.

15         (34)  "Personal services" include, but are not limited

16  to, such services as: individual assistance with or

17  supervision of essential activities of daily living for

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

19  grooming, and toileting, and other similar services which the

20  department may define by rule. "Personal services" shall not

21  be construed to mean the provision of medical, nursing,

22  dental, or mental health services by the staff of a facility,

23  except as provided in this chapter. In addition, an emergency

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

25  resident shall not be classified as a personal service.

26         (35)  "Prader-Willi syndrome" means an inherited

27  condition typified by neonatal hypotonia with failure to

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

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

30  retardation, hypogonadism, short stature, mild facial

31  dysmorphism, and a characteristic neurobehavior.

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  1         (36)  "Reassessment" means a process which periodically

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

  3  family or individual support plan, a knowledgeable statement

  4  of current needs and past development for each client.

  5         (37)  "Rehabilitation workshop facility" means a place

  6  operated by a for-profit or nonprofit agency engaged in the

  7  manufacture or production of products or provision of

  8  services, which provides gainful rehabilitation to severely

  9  handicapped persons until such persons can become employed or

10  which provides gainful work to persons with developmental

11  disabilities who are developmentally disabled.

12         (38)  "Relative" means an individual who is connected

13  by affinity or consanguinity to the client and who is 18 years

14  of age or more.

15         (39)  "Resident" means any person with developmental

16  disabilities who is developmentally disabled residing at a

17  residential facility in the state, whether or not such person

18  is a client of the department.

19         (40)  "Residential facility" means a facility providing

20  room and board and personal care for persons with

21  developmental disabilities. Until July 1, 2003, the term

22  includes a developmental services institution, an intermediate

23  care facility for persons with developmental disabilities, and

24  a home in the community that serves not more than six persons.

25  On or after July 1, 2003, a residential facility shall be

26  limited to mean a home in the community that serves not more

27  than six persons.

28         (41)  "Residential habilitation center" means a

29  community residential facility operated primarily for the

30  diagnosis, treatment, habilitation, or rehabilitation of its

31  residents, which facility provides, in a structured

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  1  residential setting, individualized continuing evaluation,

  2  planning, 24-hour supervision, and coordination and

  3  integration of health or rehabilitative services to help each

  4  resident reach his or her maximum functioning capabilities.

  5  The capacity of such a facility shall not be less than nine

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

  7  habilitation centers shall be licensed and the licensed

  8  capacity shall not be increased for any existing residential

  9  habilitation center.

10         (42)  "Respite service" means appropriate, short-term,

11  temporary care that is provided to a person with developmental

12  disabilities to meet the planned or emergency needs of the

13  person with developmental disabilities or the family or other

14  direct service provider.

15         (43)  "Retardation" means significantly subaverage

16  general intellectual functioning existing concurrently with

17  deficits in adaptive behavior and manifested during the period

18  from conception to age 18. "Significantly subaverage general

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

20  means performance which is two or more standard deviations

21  from the mean score on a standardized intelligence test

22  specified in the rules of the department.  "Adaptive

23  behavior," for the purpose of this definition, means the

24  effectiveness or degree with which an individual meets the

25  standards of personal independence and social responsibility

26  expected of his or her age, cultural group, and community.

27         (44)  "Screening," for purposes of employment,

28  contracting, or certification, means the act of assessing the

29  background of direct service providers and independent support

30  coordinators, who are not related to clients for whom they

31  provide services, and includes, but is not limited to,

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  1  employment history checks, local criminal records checks

  2  through local law enforcement agencies, fingerprinting for all

  3  purposes and checks in this subsection, statewide criminal

  4  records checks through the Department of Law Enforcement, and

  5  federal criminal records checks through the Federal Bureau of

  6  Investigation; except that screening for volunteers included

  7  under the definition of personnel includes only local criminal

  8  records checks through local law enforcement agencies for

  9  current residence and residence immediately prior to

10  employment as a volunteer, if different; and statewide

11  criminal records correspondence checks through the Department

12  of Law Enforcement.

13         (45)  "Severe self-injurious behavior" means any

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

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

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

17  harmful or potentially harmful nutritive or nonnutritive

18  substances.

19         (46)  "Specialized therapies" means those treatments or

20  activities prescribed by and provided by an appropriately

21  trained, licensed, or certified professional or staff person

22  and may include, but are not limited to, physical therapy,

23  speech therapy, respiratory therapy, occupational therapy,

24  behavior therapy, physical management services, and related

25  specialized equipment and supplies.

26         (47)  "Spina bifida" means, for purposes of this

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

28  cystica or myelomeningocele.

29         (48)  "Support coordinator" means a person who is

30  designated by the department to assist individuals and

31  families in identifying their desires, capacities, needs, and

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  1  resources, as well as finding and gaining access to necessary

  2  supports and services; coordinating the delivery of supports

  3  and services; advocating on behalf of the individual and

  4  family; maintaining relevant records; and monitoring and

  5  evaluating the delivery of supports and services to determine

  6  the extent to which they meet the needs and expectations

  7  identified by the individual, family, and others who

  8  participated in the development of the support plan.

  9         (49)  "Supported employee" means a person whose

10  developmental disability has traditionally kept him or her

11  from integrated, community-based employment and who requires

12  ongoing support or follow-along services in order to maintain

13  community-based employment.

14         (50)  "Supported employment" means employment located

15  or provided in a normal employment setting which provides at

16  least 20 hours employment per week in an integrated work

17  setting, with earnings paid on a commensurate wage basis, and

18  for which support or follow-along services are needed for

19  continuing job maintenance.

20         (51)  "Supported living" means a category of

21  individually determined services designed and coordinated in

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

23  require ongoing supports to live as independently as possible

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

25  to participate in community life to the fullest extent

26  possible.

27         (52)  "Training" means a planned approach to assisting

28  a client to attain or maintain his or her maximum potential

29  and includes services ranging from sensory stimulation to

30  instruction in skills for independent living and employment.

31

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  1         (53)  "Treatment" means the prevention, amelioration,

  2  or cure of a client's physical and mental disabilities or

  3  illnesses.

  4         Section 5.  Subsection (2) and paragraph (e) of

  5  subsection (4) of section 393.064, Florida Statutes, are

  6  amended to read:

  7         393.064  Prevention.--

  8         (2)  Prevention services provided by the developmental

  9  services program include services to high-risk children and

10  developmentally disabled children with developmental

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

12  to meet the intent of chapter 411. Such services shall include

13  individual evaluations or assessments necessary to diagnose a

14  developmental disability or high-risk condition and to

15  determine appropriate individual family and support services,

16  unless evaluations or assessments are the responsibility of

17  the children's medical services program for children ages

18  birth to 3 years eligible for services under this chapter or

19  part H of the Individuals with Disabilities Education Act, and

20  may include:

21         (a)  Early intervention services, including

22  developmental training and specialized therapies. Early

23  intervention services, which are the responsibility of the

24  children's medical services program for children ages birth to

25  3 years who are eligible for services under this chapter or

26  under part H of the Individuals with Disabilities Education

27  Act, shall not be provided through the developmental services

28  program unless funding is specifically appropriated to the

29  developmental services program for this purpose.

30         (b)  Support services, such as respite care, parent

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

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  1  services, and other services which allow families to maintain

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

  3  children's medical services program is responsible for the

  4  provision of services to children from birth to 3 years who

  5  are eligible for services under this chapter.

  6         (4)  There is created at the developmental services

  7  institution in Gainesville a research and education unit.

  8  Such unit shall be named the Raymond C. Philips Research and

  9  Education Unit.  The functions of such unit shall include:

10         (e)  Ensuring that health professionals in the

11  developmental services institution at Gainesville have access

12  to information systems that will allow them to remain updated

13  on newer knowledge and maintain their postgraduate education

14  standards.

15         Section 6.  Section 393.0651, Florida Statutes, is

16  amended to read:

17         393.0651  Family or individual support plan.--The

18  department shall provide for an appropriate family support

19  plan for children ages birth to 18 years of age and an

20  individual support plan for each client. The parent or

21  guardian of the client or, if competent, the client, or, when

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

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

24  Each plan must shall include the most appropriate, most

25  inclusive least restrictive, and most cost-beneficial

26  environment for accomplishment of the objectives for client

27  progress and a specification of all services authorized. The

28  plan must shall include provisions for the most appropriate

29  level of care for the client. Within the specification of

30  needs and services for each client, when residential care is

31  necessary, the department shall move toward placement of

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  1  clients in residential facilities based within the client's

  2  community. The ultimate goal of each plan, whenever possible,

  3  shall be to enable the client to live a dignified life in the

  4  most inclusive least restrictive setting, be that in the

  5  individual's home or in small residential homes in the

  6  community. For children under 6 years of age, the family

  7  support plan shall be developed within the 45-day application

  8  period as specified in s. 393.065(1); for all applicants 6

  9  years of age or older, the family or individual support plan

10  shall be developed within the 60-day period as specified in

11  that subsection.

12         (1)  The department shall develop and specify by rule

13  the core components of support plans to be used by each

14  district.

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

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

17  clients who are public school students entitled to a free

18  appropriate public education under the Individuals with

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

20  or individual support plan and IEP shall be implemented to

21  maximize the attainment of educational and habilitation goals.

22  If the IEP for a student enrolled in a public school program

23  indicates placement in a public or private residential program

24  is necessary to provide special education and related services

25  to a client, the local education agency shall provide for the

26  costs of that service in accordance with the requirements of

27  the Individuals with Disabilities Education Act, I.D.E.A., as

28  amended. The residential program shall serve not more than six

29  participants with developmental disabilities. This does shall

30  not preclude local education agencies and the department from

31  sharing the residential service costs of students who are

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  1  clients and require residential placement. Under no

  2  circumstances shall Clients entitled to a public education or

  3  their parents may not be assessed a fee by the department

  4  under s. 402.33 for placement in a residential program.

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

  6  system, an interdepartmental staffing team composed of

  7  representatives of the department and the local school system

  8  shall develop a written transitional living and training plan

  9  with the participation of the client or with the parent or

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

11  appropriate.

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

13  facilitated through case management designed solely to advance

14  the individual needs of the client.

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

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

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

18  client who is not capable of express and informed consent

19  when:

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

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

22  be discovered; or

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

24  client.

25

26  Such appointment does shall not be construed to extend the

27  powers of the client advocate to include any of those powers

28  delegated by law to a legal guardian.

29         (5)  The department shall place a client in the most

30  appropriate and most inclusive least restrictive, and

31  cost-beneficial, residential facility according to his or her

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  1  individual support habilitation plan. The parent or guardian

  2  of the client or, if competent, the client, or, when

  3  appropriate, the client advocate, and the administrator of the

  4  residential program facility to which placement is proposed

  5  shall be consulted in determining the appropriate placement

  6  for the client. Considerations for placement shall be made in

  7  the following order:

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

  9  or direct service provider.

10         (b)  Foster care home facility.

11         (c)  A residential placement that involves a companion

12  or mentoring program.

13         (d)(c)  Group home facility.

14         (d)  Intermediate care facility for the developmentally

15  disabled.

16         (e)  A small residential home that serves not more than

17  six individuals with developmental disabilities which is Other

18  facilities licensed by the department and offers which offer

19  special programs for people with developmental disabilities.

20         (f)  A facility in operation on July 1, 1998, that

21  serves more than six individuals with developmental

22  disabilities. Such facility may receive funding under this

23  chapter until July 30, 2003.

24         (g)(f)  A cluster home Developmental services

25  institution.

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

27  individual support plan, the individual or family with the

28  assistance of the support planning team shall identify

29  measurable objectives for client progress and shall specify a

30  time period expected for achievement of each objective.

31

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

  2  shall review progress in achieving the objectives specified in

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

  4  revise the plan annually, following consultation with the

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

  6  client, or, when appropriate, the client advocate. The

  7  department shall annually report in writing to the client, if

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

  9  the client advocate, when appropriate, with respect to the

10  client's habilitative and medical progress.

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

12  guardian, authorized guardian advocate, or client advocate for

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

14  initial family or individual support plan, or the annual

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

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

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

18  support plans provided by the department.

19         Section 7.  Subsection (2) of section 393.0655, Florida

20  Statutes, is amended to read:

21         393.0655  Screening of direct service providers.--

22         (2)  EXEMPTIONS FROM DISQUALIFICATION.--The department

23  may grant exemptions from disqualification from working with

24  children or individuals with developmental disabilities the

25  developmentally disabled as provided in s. 435.07.

26         Section 8.  Section 393.066, Florida Statutes, is

27  amended to read:

28         393.066  Community services and treatment for persons

29  with developmental disabilities who are developmentally

30  disabled.--

31

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  1         (1)  The Department of Children and Family Health and

  2  Rehabilitative Services shall plan, develop, organize, and

  3  implement its programs of services and treatment along

  4  district lines for persons with developmental disabilities who

  5  are developmentally disabled along district lines.  The goal

  6  of such programs shall be to allow clients to live as

  7  independently as possible in their own homes or in small homes

  8  that serve not more than six individuals with developmental

  9  disabilities communities and to achieve productive lives as

10  close to normal as possible.

11         (2)  All programs of services and treatment for clients

12  shall be administered through the districts and shall serve

13  all clients regardless of the type of residential setting in

14  which the client lives.  All elements of community-based

15  services shall be made available in each service district and

16  eligibility for these services shall be consistent across

17  districts.  In addition, all purchased services shall be

18  approved by the district.

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

20  provided directly by the department, when such arrangement is

21  more cost-efficient than having those services provided by the

22  department.

23         (4)  Community-based services shall, to the extent of

24  available resources, include:

25         (a)  Day services, including developmental training

26  services.

27         (b)  Family care services.

28         (c)  Guardian advocate referral services.

29         (d)  Medical/dental services.

30         (e)  Parent training.

31         (f)  Recreation.

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  1         (g)  Residential services in small homes that serve not

  2  more than six individuals with developmental disabilities.

  3         (h)  Respite services.

  4         (i)  Social services.

  5         (j)  Specialized therapies.

  6         (k)  Supported employment, including enclave, job

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

  8         (l)  Supported living.

  9         (m)  Training, including behavioral programming.

10         (n)  Transportation.

11         (o)  Other habilitative and rehabilitative services as

12  needed.

13

14  Services to clients with spina bifida shall not include

15  medical services except as appropriated by the Legislature.

16         (5)  Provided it is consistent with the intent of the

17  Legislature, the department shall prioritize increased

18  appropriations provided for community-based services for

19  developmentally disabled individuals with developmental

20  disabilities toward individualized, community-based supports

21  and services for consumers and their families.  Further, the

22  department's 5-year plan for Developmental Services shall

23  reflect a priority toward individualized, community-based

24  supports and services for consumers and their families.

25         (6)  The department shall utilize the services of

26  private businesses, not-for-profit organizations, and units of

27  local government whenever such services are more

28  cost-efficient than such services provided directly by the

29  department, including arrangements for provision of

30  residential facilities.

31

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  1         (7)  In order to improve the potential for utilization

  2  of more cost-effective, community-based residential

  3  facilities, the department shall promote the statewide

  4  development of day services for clients who live with a direct

  5  service provider in a community-based residential facility and

  6  who do not require 24-hour-a-day care in a hospital or other

  7  health care institution, but who may, in the absence of day

  8  services, require admission to a developmental services

  9  institution. Each day service facility shall provide a

10  protective physical environment for clients, ensure that

11  direct service providers meet the minimum standards for good

12  moral character as contained in s. 393.0655, make available to

13  all day service participants at least one meal on each day of

14  operation, provide facilities to enable participants to obtain

15  needed rest while attending the program, as appropriate, and

16  provide social and educational activities designed to

17  stimulate interest and provide socialization skills.

18         (8)  For the purpose of making needed community-based

19  residential facilities available at the least possible cost to

20  the state, the department may is authorized to lease privately

21  owned residential facilities under long-term rental

22  agreements, if such rental agreements are projected to be less

23  costly to the state over the useful life of the facility than

24  state purchase or state construction of such a facility.  In

25  addition, the department is authorized to permit, on any

26  public land to which the department holds the lease,

27  construction of a residential facility for which the

28  department has entered into a long-term rental agreement as

29  specified in this subsection. A residence leased or

30  constructed under this subsection may not serve more than six

31  individuals with developmental disabilities.

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  1         (9)  The department may adopt rules to ensure that

  2  caretakers in day facilities comply with the requirements for

  3  good moral character.

  4         Section 9.  Section 393.067, Florida Statutes, is

  5  amended to read:

  6         393.067  Licensure of residential facilities and

  7  comprehensive transitional education programs.--

  8         (1)  The department shall license and provide funding

  9  for developmental services institutions, private intermediate

10  care facilities for persons with developmental disabilities,

11  and cluster homes according to rules adopted by the

12  department. After July 1, 2003, only homes in the community

13  that serve not more than six individuals shall be considered

14  residential facilities that are eligible to receive funds

15  under this chapter.

16         (2)(1)  The department shall provide through its

17  licensing authority a system of provider qualifications,

18  standards, training criteria for meeting standards, and

19  monitoring for residential facilities and comprehensive

20  transitional education programs.

21         (3)(2)  The department shall conduct inspections and

22  reviews of residential facilities and comprehensive

23  transitional education programs annually.

24         (4)  A residential facility shall be deemed a

25  single-family unit and a noncommercial residential use for

26  purposes of local laws and ordinances. However, a residential

27  facility may not be located within 1,000 feet of another

28  residential facility.

29         (5)(3)  An application for a license for a residential

30  facility or a comprehensive transitional education program

31  shall be made to the department of Health and Rehabilitative

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  1  Services on a form furnished by it and shall be accompanied by

  2  the appropriate license fee.

  3         (6)(4)  The application shall be under oath and must

  4  shall contain the following:

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

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

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

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

  9  and address and the name and address of each director and each

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

11  is to be known.

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

13  a license is sought.

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

15  management or supervision the facility or program will be

16  conducted.

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

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

19  provided by the facility or program.

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

21  or units which will compose the comprehensive transitional

22  education program.

23         (e)(f)  A description of the types of services and

24  treatment to be provided by the facility or program.

25         (f)(g)  Information relating to the number, experience,

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

27         (g)(h)  Certification that the staff of the facility or

28  program will receive training to detect and prevent sexual

29  abuse of residents and clients.

30

31

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  1         (h)(i)  Such other information as the department

  2  determines is necessary to carry out the provisions of this

  3  chapter.

  4         (7)(5)  The applicant shall submit evidence which

  5  establishes the good moral character of the manager or

  6  supervisor of the facility or program and the direct service

  7  providers in the facility or program and its component centers

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

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

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

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

12         (a)1.  A licensed residential facility that or

13  comprehensive transitional education program which applies for

14  renewal of its license shall submit to the department a list

15  of direct service providers who have worked on a continuous

16  basis at the applicant facility or program since submitting

17  fingerprints to the department, identifying those direct

18  service providers for whom a written assurance of compliance

19  was provided by the department and identifying those direct

20  service providers who have recently begun working at the

21  facility or program and are awaiting the results of the

22  required fingerprint check along with the date of the

23  submission of those fingerprints for processing. The

24  department shall by rule determine the frequency of requests

25  to the Department of Law Enforcement to run state criminal

26  records checks for such direct service providers except for

27  those direct service providers awaiting the results of initial

28  fingerprint checks for employment at the applicant facility or

29  program. The department shall review the records of the direct

30  service providers at the applicant facility or program with

31  respect to the crimes specified in s. 393.0655 and shall

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  1  notify the facility or program of its findings. When

  2  disposition information is missing on a criminal record, it

  3  shall be the responsibility of the person being screened, upon

  4  request of the department, to obtain and supply within 30 days

  5  the missing disposition information to the department. Failure

  6  to supply the missing information within 30 days or to show

  7  reasonable efforts to obtain such information shall result in

  8  automatic disqualification.

  9         2.  The applicant shall sign an affidavit under penalty

10  of perjury stating that all new direct service providers have

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

12  remaining direct service providers have worked at the

13  applicant facility or program on a continuous basis since

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

15  written assurance of compliance from the department.

16         (b)  As a prerequisite for issuance of the initial

17  license to a residential facility or comprehensive

18  transitional education program:

19         1.  The applicant shall submit to the department a

20  complete set of fingerprints, taken by an authorized law

21  enforcement agency or an employee of the department who is

22  trained to take fingerprints, for the manager, supervisor, or

23  direct service providers of the facility or program;

24         2.  The department shall submit the fingerprints to the

25  Department of Law Enforcement for state processing and for

26  federal processing by the Federal Bureau of Investigation; and

27         3.  The department shall review the record of the

28  manager or supervisor with respect to the crimes specified in

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

30  When disposition information is missing on a criminal record,

31  it shall be the responsibility of the manager or supervisor,

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  1  upon request of the department, to obtain and supply within 30

  2  days the missing disposition information to the department.

  3  Failure to supply the missing information within 30 days or to

  4  show reasonable efforts to obtain such information shall

  5  result in automatic disqualification.

  6         (c)  The department or a residential facility or

  7  comprehensive transitional education program may not use the

  8  criminal records, juvenile records, or abuse registry

  9  information of a person obtained under this subsection for any

10  purpose other than determining if that person meets the

11  minimum standards for good moral character for a manager or

12  supervisor of, or direct service provider in, such a facility

13  or program. The criminal records, juvenile records, or abuse

14  registry information obtained by the department or a

15  residential facility or comprehensive transitional education

16  program for determining the moral character of a manager,

17  supervisor, or direct service provider are exempt from s.

18  119.07(1).

19         (8)(6)  The applicant shall furnish satisfactory proof

20  of financial ability to operate and conduct the facility or

21  program in accordance with the requirements of this chapter

22  and all rules adopted under this chapter promulgated

23  hereunder.

24         (9)(7)  The department shall adopt promulgate rules

25  establishing minimum standards for licensure of residential

26  facilities and comprehensive transitional education programs,

27  including rules requiring facilities and programs to train

28  staff to detect and prevent sexual abuse of residents and

29  clients, minimum standards of quality and adequacy of care,

30  and uniform firesafety standards established by the State Fire

31

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

  2  of the component centers or units of the program.

  3         (10)(8)  The department and the Agency for Health Care

  4  Administration, after consultation with the Department of

  5  Community Affairs, shall adopt rules for residential

  6  facilities under the respective regulatory jurisdiction of

  7  each establishing minimum standards for the preparation and

  8  annual update of a comprehensive emergency management plan.

  9  At a minimum, the rules must provide for plan components that

10  address emergency evacuation transportation; adequate

11  sheltering arrangements; postdisaster activities, including

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

13  supplies; staffing; emergency equipment; individual

14  identification of residents and transfer of records; and

15  responding to family inquiries.  The comprehensive emergency

16  management plan for all intermediate care facilities for the

17  developmentally disabled, facilities serving seven or more

18  people, and homes serving individuals who have complex medical

19  conditions is subject to review and approval by the local

20  emergency management agency.  During its review, the local

21  emergency management agency shall ensure that the following

22  agencies, at a minimum, are given the opportunity to review

23  the plan: the Agency for Health Care Administration, the

24  Department of Health and Rehabilitative Services, and the

25  Department of Community Affairs. Also, appropriate volunteer

26  organizations must be given the opportunity to review the

27  plan.  The local emergency management agency shall complete

28  its review within 60 days and either approve the plan or

29  advise the facility of necessary revisions.

30         (11)(9)  The Agency for Health Care Administration

31  shall establish standards for facilities and equipment to

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  1  increase the extent to which facilities for intermediate care

  2  for developmentally disabled persons are structurally capable

  3  of serving as shelters and equipped to be self-supporting

  4  during and immediately following disasters.

  5         (12)(10)  The department may conduct unannounced

  6  inspections to determine compliance by residential facilities

  7  and comprehensive transitional education programs with the

  8  applicable provisions of this chapter and the rules adopted

  9  under this chapter pursuant hereto, including the rules

10  adopted for training staff of a facility or a program to

11  detect and prevent sexual abuse of residents and clients. The

12  facility or program shall make copies of inspection reports

13  available to the public upon request.

14         (11)  An alternative living center and an independent

15  living education center, as defined in s. 393.063(7), shall be

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

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

18  of s. 419.001(2) if:

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

20  manner so that all the component centers of a comprehensive

21  transition education center may be located thereon; or

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

23  said radius of 1,000 feet.

24         (13)(12)  Each residential facility or comprehensive

25  transitional education program licensed by the department

26  shall forward annually to the department a true and accurate

27  sworn statement of its costs of providing care to clients

28  funded by the department.

29         (14)(13)  The department may audit the records of any

30  residential facility if the department or comprehensive

31  transitional education program which it has reason to believe

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  1  may not be in full compliance with the provisions of this

  2  section; provided that, any financial audit of such facility

  3  or program shall be limited to the records of clients funded

  4  by the department.

  5         (15)(14)  The department shall establish, for the

  6  purpose of control of licensure costs, a uniform management

  7  information system and a uniform reporting system with uniform

  8  definitions and reporting categories.

  9         (16)(15)  Facilities and programs licensed pursuant to

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

11  393.13, including those enumerated in s. 393.13(4).

12         (17)(16)  An No unlicensed residential facility may not

13  or comprehensive transitional education program shall receive

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

15  program shall not be renewed if the licensee has any

16  outstanding fines assessed pursuant to this chapter wherein

17  final adjudication of such fines has been entered.

18         (18)(17)  The department shall not be required to

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

20  pursuant to this chapter. Pursuant to chapter 287, the

21  department shall continue to contract within available

22  resources for residential services with facilities licensed

23  prior to October 1, 1989, if such facilities comply with the

24  provisions of this chapter and all other applicable laws and

25  regulations.

26         (19)(18)  The department shall develop a plan by March

27  15, 1991, to phase out all of the unlicensed beds in

28  developmental services institutions by December 30, 1999, and,

29  contingent upon appropriations, ensure that all beds operating

30  after that date are licensed. This plan must address among

31

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  1  other issues the transfer of funds from developmental services

  2  institutions to the community.

  3         Section 10.  Subsections (1), (2), and (3) of section

  4  393.068, Florida Statutes, are amended to read:

  5         393.068  Family care program.--

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

  7  purpose of providing services and support to families and

  8  individuals with developmental disabilities in order to

  9  maintain the individual in the home environment and avoid

10  costly out-of-home residential placement.  The Legislature

11  recognizes the importance of family support in the long-range

12  success of deinstitutionalization. Services and support

13  available to families and individuals with developmental

14  disabilities shall emphasize community living in small homes

15  and enable individuals with developmental disabilities to

16  enjoy typical lifestyles.  Support and flexibility in

17  coordinating support and services are core elements in caring

18  for the individual with a developmental disability who is

19  developmentally disabled. One way to accomplish this is to

20  recognize that families are the greatest resource available to

21  individuals who have developmental disabilities and that

22  families must be supported in their role as primary care

23  givers. An individual with a developmental disability or the

24  individual's family, when appropriate, may purchase the

25  services authorized under the family care program from

26  individual providers pursuant to a voucher system established

27  by the department. The voucher system shall be funded in

28  accordance with the federally approved waiver program for home

29  and community-based services authorized under s. 409.906(12).

30  Services and support authorized under this program shall

31

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  1  include the services listed under s. 393.066(4) and, in

  2  addition, shall include, but not be limited to:

  3         (a)  Attendant care.

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

  5         (c)  Home visitation by agency workers.

  6         (d)  In-home subsidies.

  7         (e)  Low-interest loans.

  8         (f)  Parent training.

  9         (g)  Respite care.

10         (h)  Modifications for vehicles used to transport the

11  individual with a developmental disability.

12         (i)  Facilitated communication.

13         (j)  Family counseling.

14         (k)  Equipment and supplies.

15         (l)  Self-advocacy training.

16         (m)  Roommate services.

17         (n)  Integrated community activities.

18         (o)  Emergency services.

19         (p)  Support coordination.

20         (q)  Other support services as identified by the family

21  or individual.

22         (r)  Support services provided in accordance with a

23  voucher issued for a specified service.

24         (2)  Provided it is consistent with the intent of the

25  Legislature, the department shall prioritize increased

26  appropriations provided for family-based services for

27  developmentally disabled individuals with developmental

28  disabilities toward individualized, family-based supports and

29  services for consumers and their families.  Further, the

30  department's 5-year plan for developmental services shall

31  reflect a priority toward individualized, family-based

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  1  supports and services for consumers and their families. The

  2  supports and services shall be provided in small homes that

  3  serve not more than six individuals with developmental

  4  disabilities.

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

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

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

  8  that serves not more than six individuals with developmental

  9  disabilities, the parent or guardian of the client or, if

10  competent, the client may enroll the client in the family care

11  program. The direct service provider of a client enrolled in

12  the family care program shall be reimbursed according to a

13  rate schedule set by the department. In-home subsidies cited

14  in paragraph (1)(d) shall be provided according to s. 393.0695

15  and are not subject to any other payment method or rate

16  schedule provided for in this section.

17         Section 11.  Subsection (3) of section 393.075, Florida

18  Statutes, is amended to read:

19         393.075  General liability coverage.--

20         (3)  This section shall not be construed as designating

21  or not designating that a person who owns or operates a foster

22  care home facility or group home facility as described in this

23  section or any other person is an employee or agent of the

24  state. Nothing in this section amends, expands, or supersedes

25  the provisions of s. 768.28.

26         Section 12.  Section 393.11, Florida Statutes, is

27  repealed.

28         Section 13.  Section 393.13, Florida Statutes, is

29  amended to read:

30         393.13  Personal treatment of persons with

31  developmental disabilities who are developmentally disabled.--

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  1         (1)  SHORT TITLE.--This section may be cited act shall

  2  be known as "The Bill of Rights of Persons with Developmental

  3  Disabilities Who are Developmentally Disabled."

  4         (2)  LEGISLATIVE INTENT.--

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

  6  of care which the state provides to individuals with

  7  developmental disabilities who are developmentally disabled

  8  must be designed to meet the needs of the clients as well as

  9  protect the integrity of their legal and human rights.

10  Further, the current system of care for persons with

11  developmental disabilities who are developmentally disabled is

12  in need of substantial improvement in order to provide truly

13  meaningful treatment and habilitation.

14         (b)  The Legislature further finds and declares that

15  the design and delivery of treatment and services to persons

16  with developmental disabilities who are developmentally

17  disabled should be directed by the principles of normalization

18  and therefore should:

19         1.  Abate the use of large institutions.

20         2.  Continue the development of community-based

21  services which provide reasonable alternatives to

22  institutionalization in settings that promote the inclusion of

23  individuals with developmental disabilities in the community

24  are least restrictive to the client.

25         3.  Provide training and education to individuals with

26  developmental disabilities who are developmentally disabled

27  which will maximize their potential to lead independent and

28  productive lives and which will afford opportunities for

29  outward mobility from institutions.

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

31  duplicative and unnecessary administrative procedures and

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  1  practices shall be eliminated, and areas of responsibility

  2  shall be clearly defined and consolidated in order to

  3  economically utilize present resources.  Furthermore,

  4  personnel providing services should be sufficiently qualified

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

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

  7  which is beneficial to the clients.

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

  9         1.  To articulate the existing legal and human rights

10  of persons with developmental disabilities who are

11  developmentally disabled so that they may be exercised and

12  protected. Persons with developmental disabilities shall have

13  all the rights enjoyed by citizens of the state and the United

14  States.

15         2.  To provide a mechanism for the identification,

16  evaluation, and treatment of persons with developmental

17  disabilities.

18         3.  To divert those individuals from institutional

19  commitment after a who, by virtue of comprehensive assessment,

20  by providing adequate supports and services can be placed in

21  less costly, more effective community environments and

22  programs.

23         4.  To develop a plan that which will indicate the most

24  effective and efficient manner in which to implement treatment

25  programs that which are meaningful to individuals with

26  developmental disabilities, while safeguarding and respecting

27  the legal and human rights of such individuals.

28         5.  Once the plan developed under the provisions of

29  subparagraph 4. is presented to the Legislature, to fund

30  improvements in the program in accordance with the

31

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  1  availability of state resources and yearly priorities

  2  determined by the Legislature.

  3         6.  To ensure that persons with developmental

  4  disabilities receive treatment and habilitation that which

  5  fosters the developmental potential of the individual.

  6         7.  To provide programs for the proper habilitation and

  7  treatment of persons with developmental disabilities which

  8  shall include, but not be limited to, comprehensive

  9  medical/dental care, education, recreation, specialized

10  therapies, training, social services, transportation,

11  guardianship, family care programs, day services, and

12  habilitative and rehabilitative services suited to the needs

13  of the individual regardless of the individual's age or,

14  degree or type of disability, or handicapping condition. A No

15  person with developmental disabilities may not shall be

16  deprived of these enumerated services by reason of inability

17  to pay.

18         8.  To fully effectuate the normalization principle

19  through the establishment of community services for persons

20  with developmental disabilities as a viable and practical

21  alternative to institutional care at each stage of individual

22  life development. If care in a residential facility becomes

23  necessary, it shall be in the least restrictive setting.

24         (e)  It is further the intent of the Legislature that

25  although a facility that serves more than six individuals may

26  continue to operate until July 30, 2003, such facility may not

27  accept any new admissions to the facility after July 30, 1999.

28  This paragraph does not apply to a cluster home in operation

29  on July 1, 1998.

30         (f)(e)  It is the clear, unequivocal intent of this

31  section act to guarantee individual dignity, liberty, pursuit

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  1  of happiness, and protection of the civil and legal rights of

  2  persons with developmental disabilities.

  3         (3)  RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL

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

  5  apply to all persons with developmental disabilities, whether

  6  or not such persons are clients of the department.

  7         (a)  Persons with developmental disabilities shall have

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

  9  right to be free from sexual abuse in residential facilities.

10         (b)  Persons with developmental disabilities shall have

11  the right to religious freedom and practice.  Nothing shall

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

13  preference and practice.

14         (c)  Persons with developmental disabilities shall

15  receive services, within available sources, which protect the

16  personal liberty of the individual and which are provided in

17  the most inclusive least restrictive conditions necessary to

18  achieve the purpose of treatment.

19         (d)  Persons with developmental disabilities who are

20  developmentally disabled shall have a right to participate in

21  an appropriate program of quality education and training

22  services, within available resources, regardless of

23  chronological age or degree of disability.  Such persons may

24  be provided with instruction in sex education, marriage, and

25  family planning.

26         (e)  Persons with developmental disabilities who are

27  developmentally disabled shall have a right to social

28  interaction and to participate in community activities.

29         (f)  Persons with developmental disabilities who are

30  developmentally disabled shall have a right to physical

31  exercise and recreational opportunities.

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  1         (g)  Persons with developmental disabilities who are

  2  developmentally disabled shall have a right to be free from

  3  harm, including unnecessary physical, chemical, or mechanical

  4  restraint, isolation, excessive medication, abuse, or neglect.

  5         (h)  Persons with developmental disabilities who are

  6  developmentally disabled shall have a right to consent to or

  7  refuse treatment, subject to the provisions of s. 393.12(2)(a)

  8  or chapter 744.

  9         (i)  A person who is No otherwise qualified may not

10  person shall, by reason of having a developmental disability,

11  be excluded from participation in, or be denied the benefits

12  of, or be subject to discrimination under, any program or

13  activity that which receives public funds, and all

14  prohibitions set forth under any other statute shall be

15  actionable under this section statute.

16         (j)  A person who is No otherwise qualified may not

17  person shall, by reason of having a developmental disability,

18  be denied the right to vote in public elections.

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

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

21  include any person served in a facility licensed pursuant to

22  s. 393.067.

23         (a)  Clients shall have an unrestricted right to

24  communication:

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

26  mail sealed, unopened correspondence.  A No client's incoming

27  or outgoing correspondence may not shall be opened, delayed,

28  held, or censored by the facility unless there is reason to

29  believe that it contains items or substances which may be

30  harmful to the client or others, in which case the chief

31  administrator of the facility may direct reasonable

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  1  examination of such mail and regulate the disposition of such

  2  items or substances.

  3         2.  Clients in residential facilities shall be afforded

  4  reasonable opportunities for telephone communication, to make

  5  and receive confidential calls, unless there is reason to

  6  believe that the content of the telephone communication may be

  7  harmful to the client or others, in which case the chief

  8  administrator of the facility may direct reasonable

  9  observation and monitoring to the telephone communication.

10         3.  Clients shall have an unrestricted right to

11  visitation subject to reasonable rules of the facility.

12  However, nothing in this provision shall be construed to

13  permit infringement upon other clients' rights to privacy.

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

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

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

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

18  an appropriately approved behavioral program.  The chief

19  administrator of the facility may take temporary custody of

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

21  safety reasons.  Custody of such personal effects shall be

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

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

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

25         1.  All money belonging to a client held by the

26  department shall be held in compliance with s. 402.17(2).

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

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

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

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

31  Interest so accrued shall be used or conserved for the

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  1  personal use or benefit of the individual client as provided

  2  in s. 402.17(2).

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

  4  accounting shall be made of all personal effects and money

  5  belonging to the client held by the department.  All such

  6  personal effects and money, including interest, shall be

  7  promptly turned over to the client or his or her heirs.

  8         (c)  Each client shall receive prompt and appropriate

  9  medical treatment and care for physical and mental ailments

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

11  treatment shall be consistent with the accepted standards of

12  medical practice in the community.

13         1.  Medication shall be administered only at the

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

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

16  implementation of an individual or family support plan or

17  behavior modification programming, or in unnecessary or

18  excessive quantities.

19         2.  Daily notation of medication received by each

20  client in a residential facility shall be kept in the client's

21  record.

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

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

24  facility shall be reviewed by the attending physician or other

25  appropriate monitoring body, consistent with appropriate

26  standards of medical practice. All prescriptions shall have a

27  termination date.

28         4.  When pharmacy services are provided at any

29  residential facility, such services shall be directed or

30  supervised by a professionally competent pharmacist licensed

31  according to the provisions of chapter 465.

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  1         5.  Pharmacy services shall be delivered in accordance

  2  with the provisions of chapter 465.

  3         6.  Prior to instituting a plan of experimental medical

  4  treatment or carrying out any necessary surgical procedure,

  5  express and informed consent shall be obtained from the

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

  7  guardian. Information upon which the client shall make

  8  necessary treatment and surgery decisions shall include, but

  9  not be limited to:

10         a.  The nature and consequences of such procedures.

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

12  procedures.

13         c.  Alternate procedures available.

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

15  unknown or unlocatable and the physician is unwilling to

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

17  of competent jurisdiction shall hold a hearing to determine

18  the appropriateness of the surgical procedure. The client

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

20  condition precludes such presence, represented by counsel, and

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

22  to cross-examine, all witnesses alleging the appropriateness

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

24  clear and convincing evidence shall be on the party alleging

25  the appropriateness of such procedures. The express and

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

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

28  treatment or surgery.

29         8.  The absence of express and informed consent

30  notwithstanding, a licensed and qualified physician may render

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

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

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

  3  delay in initiation of emergency medical care or treatment

  4  would endanger the health of the client.

  5         (d)  Each client shall have access to individual

  6  storage space for his or her private use.

  7         (e)  Each client shall be provided with appropriate

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

  9  family support plan. Indoor and outdoor facilities and

10  equipment for such physical exercise shall be provided.

11         (f)  Each client shall receive humane discipline.

12         (g)  A No client may not shall be subjected to a

13  treatment program to eliminate bizarre or unusual behaviors

14  without first being examined by a physician who in his or her

15  best judgment determines that such behaviors are not

16  organically caused.

17         1.  Treatment programs involving the use of noxious or

18  painful stimuli shall be prohibited.

19         2.  All alleged violations of this paragraph shall be

20  reported immediately to the chief administrative officer of

21  the facility or the district administrator, the department

22  head, and the district human rights advocacy committee.  A

23  thorough investigation of each incident shall be conducted and

24  a written report of the finding and results of such

25  investigation shall be submitted to the chief administrative

26  officer of the facility or the district administrator and to

27  the department head within 24 hours after of the occurrence or

28  discovery of the incident.

29         3.  The department shall adopt promulgate by rule a

30  system for the oversight of behavioral programs.  Such system

31  shall establish guidelines and procedures governing the

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  1  design, approval, implementation, and monitoring of all

  2  behavioral programs involving clients.  The system shall

  3  ensure statewide and local review by committees of

  4  professionals certified as behavior analysts pursuant to s.

  5  393.17.  A No behavioral program may not shall be implemented

  6  unless reviewed according to the rules established by the

  7  department under this section.  Nothing stated in This section

  8  does not shall prohibit the review of programs by the district

  9  human rights advocacy committee.

10         (h)  Each client engaged in work programs that which

11  require compliance with federal wage and hour laws shall be

12  provided with minimum wage protection and fair compensation

13  for labor in accordance with the federal wage-per-hour

14  regulations.

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

16  unnecessary physical, chemical, or mechanical restraint.

17  Restraints shall be employed only in emergencies or to protect

18  the client from imminent injury to himself or herself or

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

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

21  habilitative plan.  Restraints shall impose the least possible

22  restrictions consistent with their purpose and shall be

23  removed when the emergency ends.  Restraints shall not cause

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

25  the greatest possible comfort.

26         1.  Mechanical supports used in normative situations to

27  achieve proper body position and balance shall not be

28  considered restraints, but shall be prescriptively designed

29  and applied under the supervision of a qualified professional

30  with concern for principles of good body alignment,

31  circulation, and allowance for change of position.

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  1         2.  Totally enclosed cribs and barred enclosures shall

  2  be considered restraints and are prohibited.

  3         3.  Daily reports on the employment of physical,

  4  chemical, or mechanical restraints by those specialists

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

  6  appropriate chief administrator of the facility, and a monthly

  7  summary of such reports shall be relayed to the district

  8  administrator and the district human rights advocacy

  9  committee.  The reports shall summarize all such cases of

10  restraints, the type used, the duration of usage, and the

11  reasons therefor.  Districts shall submit districtwide

12  quarterly reports of these summaries to the state

13  Developmental Services Program Office.

14         4.  The department shall post a copy of the rules

15  promulgated under this section in each living unit of

16  residential facilities.  A copy of the rules promulgated under

17  this section shall be given to all staff members of licensed

18  facilities and made a part of all preservice and inservice

19  training programs.

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

21  record shall include data pertaining to admission and such

22  other information as may be required under rules of the

23  department.

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

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

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

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

28  it shall be released except:

29         a.  The record may be released to physicians,

30  attorneys, and government agencies having need of the record

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

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

  2  incompetent.

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

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

  5  excluding matters privileged by other provisions of law.

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

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

  8  employee of the department when the administrator of the

  9  facility or the secretary of the department deems it necessary

10  for the treatment of the client, maintenance of adequate

11  records, compilation of treatment data, or evaluation of

12  programs.

13         d.  Information from the records may be used for

14  statistical and research purposes if the information is

15  abstracted in such a way to protect the identity of

16  individuals.

17         3.  All central records for each client in residential

18  facilities shall be kept on uniform forms distributed by the

19  department.  The central record shall accurately summarize

20  each client's history and present condition.

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

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

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

24         (k)  Each client residing in a residential facility who

25  is eligible to vote in public elections according to the laws

26  of the state shall have the right to vote.  Facilities

27  operators shall arrange the means to exercise the client's

28  right to vote.

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

30  or abuses any rights or privileges of persons with

31  developmental disabilities who are developmentally disabled

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  1  provided by this section is act shall be liable for damages as

  2  determined by law.  Any person who acts in good-faith good

  3  faith compliance with the provisions of this section is act

  4  shall be immune from civil or criminal liability for actions

  5  in connection with evaluation, admission, habilitative

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

  7  However, this section does shall not relieve any person from

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

  9  nonfeasance, or malfeasance.

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

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

12  such person if the person is incompetent, shall promptly

13  receive from the Department of Children and Family Health and

14  Rehabilitative Services or the Department of Education a

15  written copy of this section act. Each person with

16  developmental disabilities able to comprehend shall be

17  promptly informed, in the language or other mode of

18  communication which such person understands, of the above

19  legal rights of persons with developmental disabilities.

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

21  providing services to clients who are desirous and capable of

22  participating shall initiate and develop a program of resident

23  government to hear the views and represent the interests of

24  all clients served by the facility.  The resident government

25  shall be composed of residents elected by other residents,

26  staff advisers skilled in the administration of community

27  organizations, and a representative of the district human

28  rights advocacy committee. The resident government shall work

29  closely with the district human rights advocacy committee and

30  the district administrator to promote the interests and

31  welfare of all residents in the facility.

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  1         Section 14.  Subsection (1) of section 393.14, Florida

  2  Statutes, is amended to read:

  3         393.14  Multiyear plan.--

  4         (1)  The department is authorized to begin

  5  implementation of the provisions of this chapter act within

  6  the limits of current appropriations.  The department shall

  7  develop a multiyear plan which will provide for the phased-in

  8  implementation of the provisions of this chapter act over the

  9  decade following first presentation of the plan to the

10  Legislature.  The multiyear plan for implementation shall be

11  presented to the Legislature by January 31, 1990, and every 2

12  years thereafter.  The plan shall include, but not be limited

13  to:

14         (a)  An analysis and inventory of existing programs,

15  facilities, and services dealing with persons with

16  developmental disabilities who are developmentally disabled.

17         (b)  A survey and analysis outlining the needs of the

18  system of care for persons with developmental disabilities who

19  are developmentally disabled to accomplish the purpose and

20  intent of this act.  This analysis shall include:

21         1.  Comprehensive information relating to the

22  conceptual basis and statement of criteria which will be used

23  for the identification and categorization of all department

24  clients and the expected level and amount of service each

25  category of client will require.

26         2.  A description of the present client population,

27  based on the above criteria.

28         3.  Client population forecasts.

29         4.  Client profiles.

30         5.  Service area resources, needs, and capabilities.

31         6.  Residential and nonresidential community programs.

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  1         7.  An analysis of the future functions of institutions

  2  and their profile.

  3         8.  An analysis of the financing necessary to implement

  4  needs, which shall include a statement of the actual cost

  5  necessary to implement each program and the actual cost of

  6  each unit of service to the client for both institutional and

  7  community placements.

  8         9.  A clear and detailed description of the needs of

  9  persons waiting for services and the cost to the state in both

10  human and economic terms if those persons are not served

11  within the fiscal year the plan is submitted.

12         (c)  A plan for the coordination of the state's

13  service, programs, and facilities for persons with

14  developmental disabilities who are developmentally disabled.

15         (d)  A detailed study of methods to implement

16  alternatives to institutionalization and how those methods can

17  best be utilized.

18         Section 15.  Subsections (1) and (4) of section 393.15,

19  Florida Statutes, are amended to read:

20         393.15  Legislative intent; Community Resources

21  Development Trust Fund.--

22         (1)  The Legislature finds and declares that the

23  development of community-based treatment facilities for

24  persons with developmental disabilities who are

25  developmentally disabled is desirable and recommended and

26  should be encouraged and fostered by the state.  The

27  Legislature further recognizes that the development of such

28  facilities is financially difficult for private individuals,

29  due to initial expenditures required to adapt existing

30  structures to the special needs of persons with developmental

31  disabilities who are developmentally disabled who may be

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  1  served in community-based foster care, group home,

  2  developmental training, and supported employment programs.

  3  Therefore, it is the intent of the Legislature by this chapter

  4  act to develop a loan trust fund to provide support and

  5  encouragement in the establishment of community-based foster

  6  care, group home, developmental training, and supported

  7  employment programs for persons with developmental

  8  disabilities who are developmentally disabled.

  9         (4)  The department may grant to an eligible program a

10  lump-sum loan in one payment not to exceed the cost to the

11  program of providing 2 months' services, care, or maintenance

12  to each person with developmental disabilities who is

13  developmentally disabled to be placed in the program by the

14  department, or the actual cost of firesafety renovations to a

15  facility required by the state, whichever is greater.  Loans

16  granted to programs shall not be in lieu of payment for

17  maintenance, services, or care provided, but shall stand

18  separate and distinct.  The department shall adopt promulgate

19  rules, as provided in chapter 120, to determine the standards

20  under which a program shall be eligible to receive a loan as

21  provided in this section and criteria for the equitable

22  allocation of loan trust funds when eligible applications

23  exceed the funds available.

24         Section 16.  Section 393.165, Florida Statutes, is

25  amended to read:

26         393.165  Legislative findings.--

27         (1)  The Legislature finds:

28         (a)  That noninstitutional home and community-based

29  services are a cost-effective and appropriate alternative to

30  institutional care for many individuals who would otherwise be

31  served in institutional settings.;

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  1         (b)  That the Intermediate Care Facility for the

  2  Developmentally Disabled program is an optional institutional

  3  service authorized by Title XIX of the Social Security Act and

  4  that this act encourages states to develop and utilize

  5  alternatives to optional institutional services for Medicaid

  6  clients through authorization of waivers that allow for

  7  federal financial participation in the provision of services

  8  in noninstitutional settings for clients who are eligible for

  9  Medicaid-reimbursed institutional services.;

10         (c)  That utilization of noninstitutional funding

11  mechanisms for individuals residing outside of

12  state-owned-and-operated institutions allows individuals to be

13  appropriately served at less cost than is possible through the

14  Intermediate Care Facility for the Developmentally Disabled

15  program.;

16         (d)  That federal regulations diminish the ability of

17  the state to manage resources currently used to reimburse

18  privately owned or operated intermediate care facilities for

19  the developmentally disabled to enable the most cost-effective

20  utilization of resources appropriated to programs that serve

21  individuals with developmental disabilities.;

22         (e)  That the waiver for home and community-based

23  services for Medicaid recipients provides a complete range of

24  supports and services that are available to individuals in the

25  homes within the community.

26         (f)  That the waiver for home and community-based

27  services for Medicaid recipients is intended to promote the

28  inclusion of individuals with developmental disabilities in

29  homes in communities by providing a range of services, chosen

30  by the individual, in consultation with family members,

31  advocates, and support coordinators, and after a thorough

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  1  assessment, including, but not limited to, support

  2  coordination services, residential nursing services,

  3  residential habilitation therapies, personal care services,

  4  skilled nursing services, homemaker services, dietician and

  5  nutrition services, adult dental services, respite care

  6  services, occupational therapy, physical therapy, speech

  7  therapy, respiratory therapy, behavioral therapy, therapy

  8  evaluations, supported living services, nonresidential support

  9  services, in-home support services, adult and child day

10  training, special medical equipment and supplies, chore

11  services, environmental modifications, companion services,

12  transportation services, and more than 40 additional services

13  available under the state Medicaid program.

14         (g)  That individuals with developmental disabilities

15  who live in large group-home settings may not be genuinely

16  experiencing community living and that smaller, individualized

17  living arrangements create the types of community environments

18  that best serve the interests of individuals with

19  developmental disabilities.

20         (e)  That there are fundamental differences in the

21  respective roles of private and public facilities that serve

22  individuals with developmental disabilities and that these

23  differences justify funding private and public facilities

24  through different funding mechanisms;

25         (h)(f)  That there is a critical state need to continue

26  financing the institutional services provided for individuals

27  with developmental disabilities so that such individuals

28  continue to receive adequate care in small residential homes

29  in the community. in state-owned-and-operated facilities for

30  the developmentally disabled through the Intermediate Care

31  Facility for the Developmentally Disabled program to provide

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  1  for the adequate care of the clients who reside in these

  2  facilities; and

  3         (i)(g)  That the most appropriate and cost-effective

  4  care for state-supported clients who reside in privately owned

  5  or operated residential facilities for individuals with

  6  developmental disabilities is provided through

  7  community-based, noninstitutional service delivery models that

  8  are financed through noninstitutional financing mechanisms.

  9         (2)  In accordance with the findings in subsection (1),

10  it is the intent of the Legislature that, when safely

11  possible, in order to both reduce the cost of serving

12  individuals with developmental disabilities, and provide

13  appropriate alternative services to institutional care, and to

14  use any realized savings to provide developmental services to

15  individuals who are not receiving services. privately owned or

16  operated Facilities authorized to receive reimbursement

17  through the Medicaid Intermediate Care Facility for the

18  Developmentally Disabled program on June 30, 1996, shall no

19  longer be reimbursed through that program but may continue to

20  serve clients who reside in homes through noninstitutional

21  service arrangements that are financed through

22  noninstitutional funding mechanisms.  It is further the intent

23  of the Legislature that individuals who reside in

24  state-owned-and-operated intermediate care facilities for the

25  developmentally disabled shall continue to receive services

26  financed through the Medicaid Intermediate Care Facility for

27  the Developmentally Disabled program.

28         Section 17.  Section 393.166, Florida Statutes, is

29  amended to read:

30         393.166  Home for special services; licensure;

31  standards.--The Agency for Health Care Administration shall

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  1  issue a license as a home for special services to each

  2  facility desiring such licensure, if the facility was eligible

  3  to receive reimbursement through the Intermediate Care

  4  Facility for the Developmentally Disabled program on June 30,

  5  1996, and if the facility serves not more than six individuals

  6  with developmental disabilities. Individuals with

  7  developmental disabilities who reside in homes for special

  8  services licensed pursuant to this section may receive

  9  services reimbursed through the home and community-based

10  services waiver, provided all other Medicaid eligibility

11  criteria are satisfied.  A license granted pursuant to this

12  section shall be valid until the expiration of the facility's

13  Intermediate Care Facility for the Developmentally Disabled

14  license.  The Agency for Health Care Administration shall

15  develop standards for facilities licensed pursuant to this

16  section which shall include appropriate sanctions for

17  noncompliance with the standards and shall specify the terms

18  for renewal of licenses.  Any license granted pursuant to this

19  section shall be contingent upon the facility allowing access

20  to the Agency for Health Care Administration to conduct

21  inspections to ensure compliance with standards.

22         Section 18.  Section 393.17, Florida Statutes, is

23  amended to read:

24         393.17  Behavioral programs; certification of behavior

25  analysts; fees.--The department shall implement a

26  certification program to ensure that qualified persons oversee

27  the design and implementation of behavioral programs for

28  persons with developmental disabilities who are

29  developmentally disabled.  Certification shall be determined

30  by examination of competencies in applying behavior analysis

31  with persons with developmental disabilities who are

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  1  developmentally disabled within established competency

  2  clusters.  These competency clusters shall include, but not be

  3  limited to, behavioral assessments, observation and recording,

  4  behavioral program development and monitoring, and other areas

  5  as determined by professional practitioners of behavior

  6  analysis.  Fees shall be charged for certification not to

  7  exceed the cost of development and administration of the

  8  examination and periodic renewal of certification.  The

  9  department shall establish by rule the procedures for

10  certification and certification renewal.

11         Section 19.  Section 393.21, Florida Statutes, is

12  repealed.

13         Section 20.  Section 393.31, Florida Statutes, is

14  amended to read:

15         393.31  Department authorized to contract with

16  rehabilitation workshop facility.--

17         (1)  Whenever it appears to the satisfaction of the

18  Department of Children and Family Health and Rehabilitative

19  Services that a developmentally disabled person with

20  developmental disabilities over the age of 16 years can

21  reasonably be expected to benefit from, or if his or her best

22  interests reasonably require, extended employment in a

23  rehabilitation workshop facility operated by an approved

24  nonprofit organization, the department is authorized to

25  contract with the organization for the furnishing of extended

26  employment to the developmentally disabled person with

27  developmental disabilities.

28         (2)  The department shall maintain a register of

29  nonprofit organizations operating rehabilitation workshop

30  facilities which, after inspection of the facilities for

31  extended employment provided by them, the department deems

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  1  qualified to meet the needs of such developmentally disabled

  2  persons with developmental disabilities.  The inspections

  3  shall also determine the eligibility of such organizations to

  4  receive the funds hereinbefore specified.

  5         Section 21.  Subsections (2) and (7) of section 393.32,

  6  Florida Statutes, are amended to read:

  7         393.32  Eligibility and standards of service.--

  8         (2)  The determination of developmental disability

  9  shall be made by the Department of Children and Family Health

10  and Rehabilitative Services upon the basis of psychological or

11  medical records on file in the rehabilitation workshop

12  facility that provide suitable and adequate evidence of the

13  developmental disability.  The psychological or medical

14  records which determine the condition of developmental

15  disability shall not be more than 2 years old at the time of

16  application by the facility for the support of such person.

17  The department may require reexamination of a person by the

18  facility in order to revalidate developmental disability.

19         (7)  The maximum number of developmentally disabled

20  persons with developmental disabilities in extended employment

21  in any one rehabilitation workshop facility for whom the

22  facility may receive support shall not exceed the maximum

23  number of work stations available at any one full-time shift

24  in the facility.  For purposes of this subsection, "full-time"

25  means a minimum of 5 hours of work daily. However, exceptions

26  may be made on an individual basis, and consideration shall be

27  given to medical reports rendered.

28         Section 22.  Section 393.50, Florida Statutes, is

29  amended to read:

30         393.50  Extended employment; purpose.--

31         (1)  The purpose of the extended employment program is:

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    Florida Senate - 1998                                  SB 2312
    25-847A-98




  1         (a)  To provide extended employment in rehabilitation

  2  workshop facilities for developmentally disabled persons with

  3  developmental disabilities who are over 16 years of age and

  4  are, as a result of their disability, unable to enter the

  5  competitive labor market.

  6         (b)  To encourage the development, improvement, and

  7  expansion of rehabilitation workshop facilities for

  8  developmentally disabled persons with developmental

  9  disabilities.

10         (2)  The department shall adopt promulgate rules to

11  implement the extended employment program pursuant to the

12  purpose described in subsection (1).

13         Section 23.  Section 393.501, Florida Statutes, is

14  amended to read:

15         393.501  Rulemaking.--

16         (1)  The department shall adopt rules to carry out the

17  provisions of ss. 393.002-393.503 ss. 393.001-393.501.

18         (2)  Such rules must shall address the number of

19  facilities on a single parcel or adjacent parcels of land, and

20  in addition, for ICF/MR, the rate and location of facility

21  development and level of care.

22         (3)  Existing policies and procedures which affect

23  clients or applicants, and their families, must be adopted by

24  January 1, 1992.

25         Section 24.  This act shall take effect July 1, 1998.

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    Florida Senate - 1998                                  SB 2312
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  2                          SENATE SUMMARY

  3    Revises various provisions of ch. 393, F.S., the
      Developmental Disabilities Prevention and Community
  4    Services Act. Revises terminology so that the chapter
      applies to persons with developmental disabilities rather
  5    than persons who are developmentally disabled. Provides
      that it is the intent of the Legislature to serve persons
  6    with developmental disabilities in their own homes or in
      facilities that serve not more than six individuals.
  7    Provides that by July 30, 2003, each person who resides
      in a facility that serves more than six individuals be
  8    given the opportunity to live in a small residential
      facility. Revises requirements for family or individual
  9    support plans so that services are provided in the most
      inclusive environment.  Requires the Department of
10    Children and Family Services to develop a plan for
      closing the developmental services institutions and
11    relocating the residents into homes in the community by
      July 30, 2003. Provides that cluster homes in operation
12    on July 1, 1998, may continue to operate after July 30,
      2003. Creates the Commission on Reforms for Persons with
13    Developmental Disabilities to oversee the integration of
      persons with developmental disabilities into homes in the
14    community. Requires that the commission issue biennial
      reports to the Governor, the Legislature, the Secretary
15    of Children and Family Services, the Protection and
      Advocacy Association, and Cabinet members.  Repeals
16    provisions governing the involuntary admission of a
      person into residential treatment. (See bill for
17    details.)

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