House Bill 0637

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    Florida House of Representatives - 1999                 HB 637

        By Representatives Gottlieb, Barreiro, Villalobos, Fasano,
    Argenziano, Greenstein, Sobel, Wasserman Schultz, Rayson,
    Heyman, Wilson, Betancourt, Chestnut, Logan and Cosgrove




  1                      A bill to be entitled

  2         An act relating to developmental disabilities;

  3         amending s. 393.063, F.S.; redefining

  4         "intermediate care facility for the

  5         developmentally disabled" and "residential

  6         habilitation center"; defining "least

  7         restrictive" with respect to placements of

  8         persons with developmental disabilities;

  9         amending s. 393.0651, F.S.; revising criteria

10         for the placement of clients; amending s.

11         393.067, F.S.; requiring periodic unannounced

12         inspections and reviews of residential

13         facilities and comprehensive transitional

14         education programs; providing for the licensure

15         of facilities as intermediate care facilities

16         for the developmentally disabled; amending s.

17         393.068, F.S.; deleting legislative recognition

18         of deinstitutionalization; amending s. 393.13,

19         F.S.; revising legislative intent with respect

20         to treatment and services for persons with

21         developmental disabilities; providing for an

22         annual plan for implementation of treatment

23         programs; providing for priority of legislative

24         funding; providing for civil actions to enforce

25         the rights of such persons; providing for

26         recovery of damages, costs, and attorney's

27         fees; amending ss. 409.906 and 409.908, F.S.;

28         revising requirements for Medicaid

29         reimbursement for intermediate care facility

30         for the developmentally disabled services;

31         amending ss. 92.53, 914.16, 914.17, and 918.16,

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  1         F.S.; correcting cross references; repealing

  2         ss. 393.165 and 393.166, F.S., which provide

  3         legislative findings and provide for licensure

  4         of facilities under the Intermediate Care

  5         Facility for the Developmentally Disabled

  6         Program; providing an effective date.

  7

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

  9

10         Section 1.  Present subsections (30) and (42) of

11  section 393.063, Florida Statutes, 1998 Supplement, are

12  amended, present subsections (32) through (54) are renumbered

13  as subsections (33) through (55), respectively, and a new

14  subsection (32) is added to said section, to read:

15         393.063  Definitions.--For the purposes of this

16  chapter:

17         (30)  "Intermediate care facility for the

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

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

20  accordance with state law, and certified by the Federal

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

22  of Medicaid services to persons who are mentally retarded or

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

24  shall not be more than 120 clients.

25         (32)  "Least restrictive" means a placement,

26  residential or otherwise, that maximizes opportunities for the

27  most normalized lifestyle possible for an individual with

28  developmental disabilities based on that individual's unique

29  needs.

30         (43)(42)  "Residential habilitation center" means a

31  community residential facility operated primarily for the

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  1  diagnosis, treatment, habilitation, or rehabilitation of its

  2  residents, which facility provides, in a structured

  3  residential setting, individualized continuing evaluation,

  4  planning, 24-hour supervision, and coordination and

  5  integration of health or rehabilitative services to help each

  6  resident reach his or her maximum functioning capabilities.

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

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

  9  habilitation centers shall be licensed and the licensed

10  capacity shall not be increased for any existing residential

11  habilitation center.

12         Section 2.  Subsection (5) of section 393.0651, Florida

13  Statutes, is amended to read:

14         393.0651  Family or individual support plan.--The

15  department shall provide for an appropriate family support

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

17  individual support plan for each client. The parent or

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

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

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

21  Each plan shall include the most appropriate, least

22  restrictive, and most cost-beneficial environment for

23  accomplishment of the objectives for client progress and a

24  specification of all services authorized. The plan shall

25  include provisions for the most appropriate level of care for

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

27  each client, when residential care is necessary, the

28  department shall move toward placement of clients in

29  residential facilities based within the client's community.

30  The ultimate goal of each plan, whenever possible, shall be to

31  enable the client to live a dignified life in the least

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  1  restrictive setting possible, based on the individual's unique

  2  needs, be that in the home or in the community. For children

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

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

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

  6  family or individual support plan shall be developed within

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

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

  9  appropriate and least restrictive, and cost-beneficial,

10  residential facility according to his or her individual

11  habilitation plan. The parent or guardian of the client or, if

12  competent, the client, or, when appropriate, the client

13  advocate, and the administrator of the residential facility to

14  which placement is proposed shall be consulted in determining

15  the appropriate placement for the client. Considerations for

16  placement shall be made in the following order:

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

18  or direct service provider.

19         (b)  Foster care facility.

20         (c)  Group home facility.

21         (d)  Intermediate care facility for the developmentally

22  disabled.

23         (e)  Other facilities licensed by the department which

24  offer special programs for people with developmental

25  disabilities.

26         (f)  Developmental services institution.

27         Section 3.  Subsections (2), (3), (9), (11), and (19)

28  of section 393.067, Florida Statutes, 1998 Supplement, are

29  amended to read:

30         393.067  Licensure of residential facilities and

31  comprehensive transitional education programs.--

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  1         (2)  The department shall conduct inspections and

  2  reviews of residential facilities and comprehensive

  3  transitional education programs at least annually. In

  4  addition, the department shall periodically make unannounced

  5  inspections and reviews. These unannounced inspections and

  6  reviews shall occur on weekends, evenings, nights, holidays,

  7  and during regular business hours.

  8         (3)  An application for a license for a residential

  9  facility or a comprehensive transitional education program

10  shall be made to the department of Health and Rehabilitative

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

12  the appropriate license fee.

13         (9)  The department and the Agency for Health Care

14  Administration, after consultation with the Department of

15  Community Affairs, shall adopt rules for residential

16  facilities under the respective regulatory jurisdiction of

17  each establishing minimum standards for the preparation and

18  annual update of a comprehensive emergency management plan.

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

20  address emergency evacuation transportation; adequate

21  sheltering arrangements; postdisaster activities, including

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

23  supplies; staffing; emergency equipment; individual

24  identification of residents and transfer of records; and

25  responding to family inquiries.  The comprehensive emergency

26  management plan for all intermediate care facilities for the

27  developmentally disabled, facilities serving seven or more

28  people, and homes serving individuals who have complex medical

29  conditions is subject to review and approval by the local

30  emergency management agency.  During its review, the local

31  emergency management agency shall ensure that the following

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

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

  3  Department of Children and Family Health and Rehabilitative

  4  Services, and the Department of Community Affairs. Also,

  5  appropriate volunteer organizations must be given the

  6  opportunity to review the plan.  The local emergency

  7  management agency shall complete its review within 60 days and

  8  either approve the plan or advise the facility of necessary

  9  revisions.

10         (11)  The department's department may conduct

11  unannounced inspections and reviews, whether announced or

12  unannounced, shall be designed to determine compliance by

13  residential facilities and comprehensive transitional

14  education programs with the applicable provisions of this

15  chapter and the rules adopted pursuant hereto, including the

16  rules adopted for training staff of a facility or a program to

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

18  facility or program shall make copies of inspection reports

19  available to the public upon request.

20         (19)  The department shall develop a plan by March 15,

21  1991, to phase out all of the unlicensed beds in developmental

22  services institutions by December 30, 1999, and, contingent

23  upon appropriations, ensure that all beds operating after that

24  date are licensed as intermediate care facilities for the

25  developmentally disabled. This plan must address among other

26  issues the transfer of funds from developmental services

27  institutions to the community.

28         Section 4.  Subsection (1) of section 393.068, Florida

29  Statutes, is amended to read:

30         393.068  Family care program.--

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

  2  purpose of providing services and support to families and

  3  individuals with developmental disabilities in order to

  4  maintain the individual in the home environment and avoid

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

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

  7  success of deinstitutionalization. Services and support

  8  available to families and individuals with developmental

  9  disabilities shall emphasize community living and enable

10  individuals with developmental disabilities to enjoy typical

11  lifestyles.  Support and flexibility in coordinating support

12  and services are core elements in caring for the individual

13  who is developmentally disabled. One way to accomplish this is

14  to recognize that families are the greatest resource available

15  to individuals who have developmental disabilities and that

16  families must be supported in their role as primary care

17  givers. Services and support authorized under this program

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

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

20         (a)  Attendant care.

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

22         (c)  Home visitation by agency workers.

23         (d)  In-home subsidies.

24         (e)  Low-interest loans.

25         (f)  Parent training.

26         (g)  Respite care.

27         (h)  Modifications for vehicles used to transport the

28  individual with a developmental disability.

29         (i)  Facilitated communication.

30         (j)  Family counseling.

31         (k)  Equipment and supplies.

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  1         (l)  Self-advocacy training.

  2         (m)  Roommate services.

  3         (n)  Integrated community activities.

  4         (o)  Emergency services.

  5         (p)  Support coordination.

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

  7  or individual.

  8         Section 5.  Paragraphs (b) and (d) of subsection (2) of

  9  section 393.13, Florida Statutes, are amended, and subsection

10  (8) is added to said section, to read:

11         393.13  Personal treatment of persons who are

12  developmentally disabled.--

13         (2)  LEGISLATIVE INTENT.--

14         (b)  The Legislature further finds and declares that

15  the design and delivery of treatment and services to persons

16  who are developmentally disabled should be directed by the

17  principles of normalization and therefore should:

18         1.  Abate the use of large institutions.

19         1.2.  Continue the development of community-based

20  services as an alternative to institutional placement when

21  appropriate and based on the individual's unique needs which

22  provide reasonable alternatives to institutionalization in

23  settings that are least restrictive to the client.

24         2.3.  Provide training and education to individuals who

25  are developmentally disabled which will maximize their

26  potential to lead independent and productive lives and which

27  will, when appropriate, afford opportunities for outward

28  mobility from institutions.

29         (d)  It is the intent of the Legislature that all

30  persons with developmental disabilities shall have all the

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  1  rights enjoyed by all other citizens of the state and the

  2  United States and, therefore, the Legislature intends:

  3         1.  To articulate the existing legal and human rights

  4  of persons who are developmentally disabled so that they may

  5  be exercised and protected. Persons with developmental

  6  disabilities shall have all the rights enjoyed by citizens of

  7  the state and the United States.

  8         2.  To provide a mechanism for the identification,

  9  evaluation, and treatment of persons with developmental

10  disabilities.

11         3.  To divert those individuals from institutional

12  commitment who, by virtue of individualized comprehensive

13  assessment, can live be placed in a community residence or

14  intermediate care facility for the developmentally disabled in

15  their community less costly, more effective community

16  environments and programs.

17         4.  To develop an annual a plan which will indicate the

18  most effective and efficient manner in which to implement

19  treatment programs and residential placements which are

20  meaningful to individuals with developmental disabilities,

21  while safeguarding and respecting the legal and human rights

22  of such individuals. Each annual plan shall review and revise

23  the previous year's annual plan.

24         5.  Once the annual plan developed under the provisions

25  of subparagraph 4. is presented to the Legislature, to fund

26  the recommended treatment programs and residential placements

27  to the fullest extent possible within improvements in the

28  program in accordance with the availability of state

29  resources, and to make such funding a legislative priority

30  yearly priorities determined by the Legislature.

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  1         6.  To ensure that persons with developmental

  2  disabilities receive treatment and habilitation which fosters

  3  the developmental potential of the individual.

  4         7.  To provide programs for the proper habilitation and

  5  treatment of persons with developmental disabilities which

  6  shall include, but not be limited to, comprehensive

  7  medical/dental care, education, recreation, specialized

  8  therapies, training, social services, transportation,

  9  guardianship, family care programs, day services, and

10  habilitative and rehabilitative services suited to the needs

11  of the individual regardless of age, degree of disability, or

12  handicapping condition, or ability. No person with

13  developmental disabilities shall be deprived of these

14  enumerated services by reason of inability to pay.

15         8.  To facilitate fully effectuate the normalization

16  principle through the establishment of community services for

17  persons with developmental disabilities as an a viable and

18  practical alternative to institutional care, when appropriate,

19  at each stage of individual life development.

20         9.  To ensure that if care in a residential facility

21  becomes necessary, residential placements it shall be in the

22  least restrictive setting possible based on the individual's

23  unique needs.

24         (8)  CIVIL ENFORCEMENT.--

25         (a)  Any person with a developmental disability whose

26  rights as specified in this section are deprived or infringed

27  upon shall have an action against any licensee or state agency

28  responsible for the violation. The action may be brought by

29  the individual or his or her guardian, by a person or

30  organization acting on behalf of the individual with the

31  consent of the individual or his or her guardian, or by the

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  1  personal representative of the estate of a deceased individual

  2  when the cause of death resulted from the deprivation of or

  3  infringement upon the decedent's rights. The action may be

  4  brought in any court of competent jurisdiction to enforce such

  5  rights and to recover actual and punitive damages for any

  6  deprivation of or infringement upon the rights of an

  7  individual. Any plaintiff who prevails in any such action may

  8  be entitled to recover reasonable attorney's fees, costs of

  9  the action, and damages, unless the court finds that the

10  plaintiff has acted in bad faith, with malicious purpose, and

11  that there was a complete absence of a justiciable issue of

12  either law or fact. Prevailing defendants may be entitled to

13  recover reasonable attorney's fees pursuant to s. 57.105. The

14  remedies provided in this subsection are in addition to and

15  cumulative with other legal and administrative remedies

16  available to an individual and to the agency.

17         (b)  Attorney's fees shall be based on the following

18  criteria:

19         1.  The time and labor required.

20         2.  The novelty and difficulty of the questions.

21         3.  The skill requisite to perform the legal services

22  properly.

23         4.  The preclusion of other employment by the attorney

24  due to the acceptance of the case.

25         5.  The customary fee.

26         6.  Whether the fee is fixed or contingent.

27         7.  The amount involved or the results obtained.

28         8.  The experience, reputation, and ability of the

29  attorney.

30         9.  The type of fee arrangement between the attorney

31  and the client.

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  1         10.  Whether the relevant market requires a contingency

  2  fee multiplier to obtain competent counsel.

  3         11.  Whether the attorney was able to mitigate the risk

  4  of nonpayment in any way.

  5         (c)  For the purposes of this subsection, punitive

  6  damages may be awarded for conduct which is willful, wanton,

  7  gross or flagrant, reckless, or consciously indifferent to the

  8  rights of the individual.

  9         Section 6.  Subsection (15) of section 409.906, Florida

10  Statutes, 1998 Supplement, is amended to read:

11         409.906  Optional Medicaid services.--Subject to

12  specific appropriations, the agency may make payments for

13  services which are optional to the state under Title XIX of

14  the Social Security Act and are furnished by Medicaid

15  providers to recipients who are determined to be eligible on

16  the dates on which the services were provided.  Any optional

17  service that is provided shall be provided only when medically

18  necessary and in accordance with state and federal law.

19  Nothing in this section shall be construed to prevent or limit

20  the agency from adjusting fees, reimbursement rates, lengths

21  of stay, number of visits, or number of services, or making

22  any other adjustments necessary to comply with the

23  availability of moneys and any limitations or directions

24  provided for in the General Appropriations Act or chapter 216.

25  Optional services may include:

26         (15)  INTERMEDIATE CARE FACILITY FOR THE

27  DEVELOPMENTALLY DISABLED SERVICES.--For the purposes of

28  Medicaid reimbursement, "intermediate care facility for the

29  developmentally disabled services" means services provided by

30  a facility which is licensed owned and operated by the state

31  and certified pursuant to federal regulations in 42 C.F.R. and

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  1  to which the agency may pay for health-related care and

  2  services provided on a 24-hour-a-day basis, for a recipient

  3  who needs such care because of a developmental disability or

  4  related condition.

  5         Section 7.  Paragraph (a) of subsection (2) and

  6  subsection (8) of section 409.908, Florida Statutes, 1998

  7  Supplement, are amended to read:

  8         409.908  Reimbursement of Medicaid providers.--Subject

  9  to specific appropriations, the agency shall reimburse

10  Medicaid providers, in accordance with state and federal law,

11  according to methodologies set forth in the rules of the

12  agency and in policy manuals and handbooks incorporated by

13  reference therein.  These methodologies may include fee

14  schedules, reimbursement methods based on cost reporting,

15  negotiated fees, competitive bidding pursuant to s. 287.057,

16  and other mechanisms the agency considers efficient and

17  effective for purchasing services or goods on behalf of

18  recipients.  Payment for Medicaid compensable services made on

19  behalf of Medicaid eligible persons is subject to the

20  availability of moneys and any limitations or directions

21  provided for in the General Appropriations Act or chapter 216.

22  Further, nothing in this section shall be construed to prevent

23  or limit the agency from adjusting fees, reimbursement rates,

24  lengths of stay, number of visits, or number of services, or

25  making any other adjustments necessary to comply with the

26  availability of moneys and any limitations or directions

27  provided for in the General Appropriations Act, provided the

28  adjustment is consistent with legislative intent.

29         (2)(a)1.  Reimbursement to nursing homes licensed under

30  part II of chapter 400 and state-owned-and-operated

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  1  intermediate care facilities for the developmentally disabled

  2  licensed under chapter 393 must be made prospectively.

  3         2.  Unless otherwise limited or directed in the General

  4  Appropriations Act, reimbursement to hospitals licensed under

  5  part I of chapter 395 for the provision of swing-bed nursing

  6  home services must be made on the basis of the average

  7  statewide nursing home payment, and reimbursement to a

  8  hospital licensed under part I of chapter 395 for the

  9  provision of skilled nursing services must be made on the

10  basis of the average nursing home payment for those services

11  in the county in which the hospital is located. When a

12  hospital is located in a county that does not have any

13  community nursing homes, reimbursement must be determined by

14  averaging the nursing home payments, in counties that surround

15  the county in which the hospital is located. Reimbursement to

16  hospitals, including Medicaid payment of Medicare copayments,

17  for skilled nursing services shall be limited to 30 days,

18  unless a prior authorization has been obtained from the

19  agency. Medicaid reimbursement may be extended by the agency

20  beyond 30 days, and approval must be based upon verification

21  by the patient's physician that the patient requires

22  short-term rehabilitative and recuperative services only, in

23  which case an extension of no more than 15 days may be

24  approved. Reimbursement to a hospital licensed under part I of

25  chapter 395 for the temporary provision of skilled nursing

26  services to nursing home residents who have been displaced as

27  the result of a natural disaster or other emergency may not

28  exceed the average county nursing home payment for those

29  services in the county in which the hospital is located and is

30  limited to the period of time which the agency considers

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  1  necessary for continued placement of the nursing home

  2  residents in the hospital.

  3         (8)  A provider of home-based or community-based

  4  services rendered pursuant to a federally approved waiver

  5  shall be reimbursed based on an established or negotiated rate

  6  for each service. These rates shall be established according

  7  to an analysis of the expenditure history and prospective

  8  budget developed by each contract provider participating in

  9  the waiver program, or under any other methodology adopted by

10  the agency and approved by the Federal Government in

11  accordance with the waiver. Effective July 1, 1996, privately

12  owned and operated community-based residential facilities

13  which meet agency requirements and which formerly received

14  Medicaid reimbursement for the optional intermediate care

15  facility for the mentally retarded service may participate in

16  the developmental services waiver as part of a

17  home-and-community-based continuum of care for Medicaid

18  recipients who receive waiver services.

19         Section 8.  Subsection (1) of section 92.53, Florida

20  Statutes, is amended to read:

21         92.53  Videotaping of testimony of victim or witness

22  under age 16 or person with mental retardation.--

23         (1)  On motion and hearing in camera and a finding that

24  there is a substantial likelihood that a victim or witness who

25  is under the age of 16 or who is a person with mental

26  retardation as defined in s. 393.063(45)(41) would suffer at

27  least moderate emotional or mental harm due to the presence of

28  the defendant if the child or person with mental retardation

29  is required to testify in open court, or that such victim or

30  witness is otherwise unavailable as defined in s. 90.804(1),

31  the trial court may order the videotaping of the testimony of

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  1  the victim or witness in a case, whether civil or criminal in

  2  nature, in which videotaped testimony is to be utilized at

  3  trial in lieu of trial testimony in open court.

  4         Section 9.  Section 914.16, Florida Statutes, is

  5  amended to read:

  6         914.16  Child abuse and sexual abuse of victims under

  7  age 16 or persons with mental retardation; limits on

  8  interviews.--The chief judge of each judicial circuit, after

  9  consultation with the state attorney and the public defender

10  for the judicial circuit, the appropriate chief law

11  enforcement officer, and any other person deemed appropriate

12  by the chief judge, shall provide by order reasonable limits

13  on the number of interviews that a victim of a violation of s.

14  794.011, s. 800.04, or s. 827.03 who is under 16 years of age

15  or a victim of a violation of s. 794.011, s. 800.02, s.

16  800.03, or s. 825.102 who is a person with mental retardation

17  as defined in s. 393.063(45)(41) must submit to for law

18  enforcement or discovery purposes.  The order shall, to the

19  extent possible, protect the victim from the psychological

20  damage of repeated interrogations while preserving the rights

21  of the public, the victim, and the person charged with the

22  violation.

23         Section 10.  The introductory paragraph of subsection

24  (2) of section 914.17, Florida Statutes, is amended to read:

25         914.17  Appointment of advocate for victims or

26  witnesses who are minors or persons with mental retardation.--

27         (2)  An advocate shall be appointed by the court to

28  represent a person with mental retardation as defined in s.

29  393.063(45)(41) in any criminal proceeding if the person with

30  mental retardation is a victim of or witness to abuse or

31  neglect, or if the person with mental retardation is a victim

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  1  of a sexual offense or a witness to a sexual offense committed

  2  against a minor or person with mental retardation. The court

  3  may appoint an advocate in any other criminal proceeding in

  4  which a person with mental retardation is involved as either a

  5  victim or a witness. The advocate shall have full access to

  6  all evidence and reports introduced during the proceedings,

  7  may interview witnesses, may make recommendations to the

  8  court, shall be noticed and have the right to appear on behalf

  9  of the person with mental retardation at all proceedings, and

10  may request additional examinations by medical doctors,

11  psychiatrists, or psychologists. It is the duty of the

12  advocate to perform the following services:

13         Section 11.  Section 918.16, Florida Statutes, is

14  amended to read:

15         918.16  Sex offenses; testimony of person under age 16

16  or person with mental retardation; courtroom cleared;

17  exceptions.--In the trial of any case, civil or criminal, when

18  any person under the age of 16 or any person with mental

19  retardation as defined in s. 393.063(45)(41) is testifying

20  concerning any sex offense, the court shall clear the

21  courtroom of all persons except parties to the cause and their

22  immediate families or guardians, attorneys and their

23  secretaries, officers of the court, jurors, newspaper

24  reporters or broadcasters, court reporters, and at the request

25  of the victim, victim or witness advocates designated by the

26  state attorney's office.

27         Section 12.  Sections 393.165 and 393.166, Florida

28  Statutes, are repealed.

29         Section 13.  This act shall take effect July 1, 1999.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                 HB 637

    592-101E-99






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  2                          HOUSE SUMMARY

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      Revises criteria for licensure of facilities for persons
  4    with developmental disabilities and for placement of
      clients in those facilities. Requires periodic
  5    unannounced inspections and reviews of residential
      facilities and comprehensive education programs. Revises
  6    legislative intent, under "The Bill of Rights of Persons
      who are Developmentally Disabled," with respect to the
  7    treatment and services provided to such persons. Provides
      legislative intent for development of annual plans for
  8    implementation of treatment programs and residential
      placements, and for making funding of such implementation
  9    a legislative priority. Provides for civil actions to
      enforce the rights of persons with developmental
10    disabilities. Provides for recovery of actual and
      punitive damages, and costs and attorney's fees. Revises
11    requirements for Medicaid reimbursement for intermediate
      care facility for the developmentally disabled services.
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