House Bill 4041

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







    Florida House of Representatives - 2000                HB 4041

        By the Committee on Rules & Calendar and Representative
    Arnall





  1                      A bill to be entitled

  2         An act relating to obsolete, expired, or

  3         repealed provisions of law; repealing various

  4         provisions of law that have become obsolete,

  5         have had their effect, have served their

  6         purpose, or have been impliedly repealed or

  7         superseded; repealing s. 393.067(18), F.S.,

  8         relating to a plan to phase out unlicensed beds

  9         in developmental services institutions;

10         repealing s. 393.22(2), F.S., relating to

11         review and identification of programs that have

12         barriers to services for clients based on

13         categorical disabilities and development of a

14         plan to eliminate barriers to appropriate

15         services; repealing ss. 393.31, 393.32, and

16         393.50, F.S., relating to the extended

17         employment program for developmentally disabled

18         persons; repealing s. 393.063(21) and (22),

19         F.S., relating to the definitions of "extended

20         employee" and "extended employment," to

21         conform; amending ss. 92.53, 400.464, 914.16,

22         914.17, and 918.16, F.S.; revising cross

23         references, to conform; repealing s.

24         393.501(3), F.S., relating to a deadline for

25         adoption of rules on policies and procedures

26         affecting clients or applicants, and their

27         families, under ch. 393, F.S., the

28         Developmental Disabilities Prevention and

29         Community Services Act; repealing s. 394.47865,

30         F.S., relating to privatization of the South

31         Florida State Hospital; repealing s.

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    Florida House of Representatives - 2000                HB 4041

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  1         397.407(2), F.S., relating to a report to the

  2         Legislature on the level of licensure fees

  3         needed to cover the cost of regulation of

  4         substance abuse service providers; repealing s.

  5         400.4415, F.S., relating to the assisted living

  6         facilities advisory committee; repealing s.

  7         410.504, F.S., relating to the

  8         multidisciplinary center on elderly living

  9         environments; repealing s. 419.002, F.S.,

10         relating to the statewide registry of licensed

11         community residential homes; repealing s.

12         430.710, F.S., relating to the long-term care

13         interagency advisory council; repealing s. 142,

14         ch. 95-418, Laws of Florida, relating to the

15         Panel for the Study of Skilled Nursing Care;

16         repealing s. 5, ch. 98-85, Laws of Florida,

17         relating to a workgroup on Medicaid patient

18         access to nursing home beds; providing an

19         effective date.

20

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

22

23         Section 1.  Subsection (18) of section 393.067, Florida

24  Statutes, is repealed.

25         Section 2.  Subsection (2) of section 393.22, Florida

26  Statutes, is repealed.

27         Section 3.  Subsections (21) and (22) of section

28  393.063, Florida Statutes, and sections 393.31, 393.32, and

29  393.50, Florida Statutes, are repealed.

30         Section 4.  Subsection (1) of section 92.53, Florida

31  Statutes, is amended to read:

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    Florida House of Representatives - 2000                HB 4041

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  1         92.53  Videotaping of testimony of victim or witness

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

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

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

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

  6  retardation as defined in s. 393.063(42)(44) would suffer at

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

  8  the defendant if the child or person with mental retardation

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

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

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

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

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

14  trial in lieu of trial testimony in open court.

15         Section 5.  Paragraph (b) of subsection (6) of section

16  400.464, Florida Statutes, is amended to read:

17         400.464  Home health agencies to be licensed;

18  expiration of license; exemptions; unlawful acts; penalties.--

19         (6)  The following are exempt from the licensure

20  requirements of this part:

21         (b)  Home health services provided by a state agency,

22  either directly or through a contractor with:

23         1.  The Department of Elderly Affairs.

24         2.  The Department of Health, a community health

25  center, or a rural health network that furnishes home visits

26  for the purpose of providing environmental assessments, case

27  management, health education, personal care services, family

28  planning, or followup treatment, or for the purpose of

29  monitoring and tracking disease.

30         3.  Services provided to persons who have developmental

31  disabilities, as defined in s. 393.063(11).

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  1         4.  Companion and sitter organizations that were

  2  registered under s. 440.509(1) on January 1, 1999, and were

  3  authorized to provide personal services under s.

  4  393.063(33)(35) under a developmental services provider

  5  certificate on January 1, 1999, may continue to provide such

  6  services to past, present, and future clients of the

  7  organization who need such services, notwithstanding the

  8  provisions of this act.

  9         5.  The Department of Children and Family Services.

10         Section 6.  Section 914.16, Florida Statutes, is

11  amended to read:

12         914.16  Child abuse and sexual abuse of victims under

13  age 16 or persons with mental retardation; limits on

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

15  consultation with the state attorney and the public defender

16  for the judicial circuit, the appropriate chief law

17  enforcement officer, and any other person deemed appropriate

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

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

20  794.011, s. 800.04, or s. 827.03 who is under 16 years of age

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

22  800.03, or s. 825.102 who is a person with mental retardation

23  as defined in s. 393.063(42)(44) must submit to for law

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

25  extent possible, protect the victim from the psychological

26  damage of repeated interrogations while preserving the rights

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

28  violation.

29         Section 7.  Subsection (2) of section 914.17, Florida

30  Statutes, is amended to read:

31

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  1         914.17  Appointment of advocate for victims or

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

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

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

  5  393.063(42)(44) in any criminal proceeding if the person with

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

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

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

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

10  may appoint an advocate in any other criminal proceeding in

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

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

13  all evidence and reports introduced during the proceedings,

14  may interview witnesses, may make recommendations to the

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

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

17  may request additional examinations by medical doctors,

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

19  advocate to perform the following services:

20         (a)  To explain, in language understandable to the

21  person with mental retardation, all legal proceedings in which

22  the person shall be involved;

23         (b)  To act, as a friend of the court, to advise the

24  judge, whenever appropriate, of the person with mental

25  retardation's ability to understand and cooperate with any

26  court proceedings; and

27         (c)  To assist the person with mental retardation and

28  the person's family in coping with the emotional effects of

29  the crime and subsequent criminal proceedings in which the

30  person with mental retardation is involved.

31

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  1         Section 8.  Subsection (1) of section 918.16, Florida

  2  Statutes, is amended to read:

  3         918.16  Sex offenses; testimony of person under age 16

  4  or person with mental retardation; testimony of victim;

  5  courtroom cleared; exceptions.--

  6         (1)  Except as provided in subsection (2), in the trial

  7  of any case, civil or criminal, when any person under the age

  8  of 16 or any person with mental retardation as defined in s.

  9  393.063(42)(44) is testifying concerning any sex offense, the

10  court shall clear the courtroom of all persons except parties

11  to the cause and their immediate families or guardians,

12  attorneys and their secretaries, officers of the court,

13  jurors, newspaper reporters or broadcasters, court reporters,

14  and, at the request of the victim, victim or witness advocates

15  designated by the state attorney's office.

16         Section 9.  Subsection (3) of section 393.501, Florida

17  Statutes, is repealed.

18         Section 10.  Section 394.47865, Florida Statutes, is

19  repealed.

20         Section 11.  Subsection (2) of section 397.407, Florida

21  Statutes, is repealed.

22         Section 12.  Section 400.4415, Florida Statutes, is

23  repealed.

24         Section 13.  Section 410.504, Florida Statutes, is

25  repealed.

26         Section 14.  Section 419.002, Florida Statutes, is

27  repealed.

28         Section 15.  Section 430.710, Florida Statutes, is

29  repealed.

30         Section 16.  Section 142 of chapter 95-418, Laws of

31  Florida, is repealed.

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    Florida House of Representatives - 2000                HB 4041

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  1         Section 17.  Section 5 of chapter 98-85, Laws of

  2  Florida, is repealed.

  3         Section 18.  This act shall take effect upon becoming a

  4  law.

  5

  6            *****************************************

  7                          HOUSE SUMMARY

  8
      Repeals various provisions of law that have become
  9    obsolete, have had their effect, have served their
      purpose, or have been impliedly repealed or superseded.
10    Repeals provisions relating to a plan to phase out
      unlicensed beds in developmental services institutions;
11    review and identification of programs that have barriers
      to services for clients based on categorical disabilities
12    and development of a plan to eliminate barriers to
      appropriate services; the extended employment program for
13    developmentally disabled persons; a deadline for adoption
      of rules on policies and procedures affecting clients or
14    applicants, and their families, under ch. 393, F.S., the
      Developmental Disabilities Prevention and Community
15    Services Act; privatization of the South Florida State
      Hospital; a report to the Legislature on the level of
16    licensure fees needed to cover the cost of regulation of
      substance abuse service providers; the assisted living
17    facilities advisory committee; the multidisciplinary
      center on elderly living environments; the statewide
18    registry of licensed community residential homes; the
      long-term care interagency advisory council; the Panel
19    for the Study of Skilled Nursing Care; and a workgroup on
      Medicaid patient access to nursing home beds.
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