HB 0229 2003
1	A bill to be entitled
2	An act relating to developmental disabilities; amending s.
3	393.063, F.S.; adding the genetic disease familial
4	dysautonomia to the list of disabilities defined and
5	covered under ch. 393, F.S.; amending ss. 92.53, 400.464,
6	419.001, 914.16, 914.17, and 918.16, F.S., relating to
7	testimony of victims and witnesses, home health agencies,
8	community residential homes, and victims and witnesses who
9	are minors or persons with mental retardation; conforming
10	cross-references to changes made by the act; providing an
11	effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Subsections (12) and (19) of section 393.063,
16	Florida Statutes, are amended, present subsections (21) through
17	(52) of that section are redesignated as subsections (22)
18	through (53), respectively, and a new subsection (21) is added
19	to that section, to read
20	393.063 Definitions.--For the purposes of this chapter:
21	(12) "Developmental disability" means a disorder or
22	syndrome that is attributable to retardation, cerebral palsy,
23	autism, spina bifida,familial dysautonomia,or Prader-Willi
24	syndrome and that constitutes a substantial handicap that can
25	reasonably be expected to continue indefinitely.
26	(19) "Epilepsy" means a chronic brain disorder of various
27	causes which is characterized by recurrent seizures due to
28	excessive discharge of cerebral neurons. When found
29	concurrently with retardation, autism,familial dysautonomia,or
30	cerebral palsy, epilepsy is considered a secondary disability
31	for which the client is eligible to receive services to
32	ameliorate this condition according to the provisions of this
33	chapter.
34	(21) "Familial dysautonomia" means a genetic neurological
35	condition characterized by decreased pain and temperature
36	sensation, absence of overflow tearing, pernicious vomiting,
37	spine curvature, and blood pressure lability. The incidence of
38	the disease within the Ashkenazi Jewish population is one in
39	3,600, based on an estimated carrier frequency of one in 32.
40	Genetic testing is available using DNA diagnostics with an
41	accuracy of 99 percent. The carrier frequency in non-Jewish
42	individuals is unknown.
43	Section 2. Subsection (1) of section 92.53, Florida
44	Statutes, is amended to read:
45	92.53 Videotaping of testimony of victim or witness under
46	age 16 or person with mental retardation.--
47	(1) On motion and hearing in camera and a finding that
48	there is a substantial likelihood that a victim or witness who
49	is under the age of 16 or who is a person with mental
50	retardation as defined ins. 393.063s. 393.063(42)would suffer
51	at least moderate emotional or mental harm due to the presence
52	of the defendant if the child or person with mental retardation
53	is required to testify in open court, or that such victim or
54	witness is otherwise unavailable as defined in s. 90.804(1), the
55	trial court may order the videotaping of the testimony of the
56	victim or witness in a case, whether civil or criminal in
57	nature, in which videotaped testimony is to be utilized at trial
58	in lieu of trial testimony in open court.
59	Section 3. Paragraph (b) of subsection (5) of section
60	400.464, Florida Statutes, is amended to read:
61	400.464 Home health agencies to be licensed; expiration of
62	license; exemptions; unlawful acts; penalties.--
63	(5) The following are exempt from the licensure
64	requirements of this part:
65	(b) Home health services provided by a state agency,
66	either directly or through a contractor with:
67	1. The Department of Elderly Affairs.
68	2. The Department of Health, a community health center, or
69	a rural health network that furnishes home visits for the
70	purpose of providing environmental assessments, case management,
71	health education, personal care services, family planning, or
72	followup treatment, or for the purpose of monitoring and
73	tracking disease.
74	3. Services provided to persons who have developmental
75	disabilities, as defined ins. 393.063s. 393.063(12).
76	4. Companion and sitter organizations that were registered
77	under s 400.509(1) on January 1, 1999, and were authorized to
78	provide personal services unders. 393.063s. 393.063(33)under
79	a developmental services provider certificate on January 1,
80	1999, may continue to provide such services to past, present,
81	and future clients of the organization who need such services,
82	notwithstanding the provisions of this act.
83	5. The Department of Children and Family Services.
84	Section 4. Paragraph (d) of subsection (1) of section
85	419.001, Florida Statutes, is amended to read:
86	419.001 Site selection of community residential homes.--
87	(1) For the purposes of this section, the following
88	definitions shall apply:
89	(d) "Resident" means any of the following: a frail elder
90	as defined in s. 400.618; a physically disabled or handicapped
91	person as defined in s. 760.22(7)(a); a developmentally disabled
92	person as defined ins. 393.063s. 393.063(12); a nondangerous
93	mentally ill person as defined in s. 394.455(18); or a child as
94	defined in s. 39.01(14), s. 984.03(9) or (12), or s. 985.03(8).
95	Section 5. Section 914.16, Florida Statutes, is amended to
96	read:
97	914.16 Child abuse and sexual abuse of victims under age
98	16 or persons with mental retardation; limits on
99	interviews.--The chief judge of each judicial circuit, after
100	consultation with the state attorney and the public defender for
101	the judicial circuit, the appropriate chief law enforcement
102	officer, and any other person deemed appropriate by the chief
103	judge, shall provide by order reasonable limits on the number of
104	interviews that a victim of a violation of s. 794.011, s.
105	800.04, or s. 827.03 who is under 16 years of age or a victim of
106	a violation of s. 794.011, s. 800.02, s. 800.03, or s. 825.102
107	who is a person with mental retardation as defined ins. 393.063
108	s. 393.063(42)must submit to for law enforcement or discovery
109	purposes. The order shall, to the extent possible, protect the
110	victim from the psychological damage of repeated interrogations
111	while preserving the rights of the public, the victim, and the
112	person charged with the violation.
113	Section 6. Subsection (2) of section 914.17, Florida
114	Statutes, is amended to read:
115	914.17 Appointment of advocate for victims or witnesses
116	who are minors or persons with mental retardation.--
117	(2) An advocate shall be appointed by the court to
118	represent a person with mental retardation as defined ins.
119	393.063s. 393.063(42)in any criminal proceeding if the person
120	with mental retardation is a victim of or witness to abuse or
121	neglect, or if the person with mental retardation is a victim of
122	a sexual offense or a witness to a sexual offense committed
123	against a minor or person with mental retardation. The court may
124	appoint an advocate in any other criminal proceeding in which a
125	person with mental retardation is involved as either a victim or
126	a witness. The advocate shall have full access to all evidence
127	and reports introduced during the proceedings, may interview
128	witnesses, may make recommendations to the court, shall be
129	noticed and have the right to appear on behalf of the person
130	with mental retardation at all proceedings, and may request
131	additional examinations by medical doctors, psychiatrists, or
132	psychologists. It is the duty of the advocate to perform the
133	following services:
134	(a) To explain, in language understandable to the person
135	with mental retardation, all legal proceedings in which the
136	person shall be involved;
137	(b) To act, as a friend of the court, to advise the judge,
138	whenever appropriate, of the person with mental retardation's
139	ability to understand and cooperate with any court proceedings;
140	and
141	(c) To assist the person with mental retardation and the
142	person's family in coping with the emotional effects of the
143	crime and subsequent criminal proceedings in which the person
144	with mental retardation is involved.
145	Section 7. Subsection (1) of section 918.16, Florida
146	Statutes, is amended to read:
147	918.16 Sex offenses; testimony of person under age 16 or
148	person with mental retardation; testimony of victim; courtroom
149	cleared; exceptions.--
150	(1) Except as provided in subsection (2), in the trial of
151	any case, civil or criminal, when any person under the age of 16
152	or any person with mental retardation as defined ins. 393.063
153	s. 393.063(42)is testifying concerning any sex offense, the
154	court shall clear the courtroom of all persons except parties to
155	the cause and their immediate families or guardians, attorneys
156	and their secretaries, officers of the court, jurors, newspaper
157	reporters or broadcasters, court reporters, and, at the request
158	of the victim, victim or witness advocates designated by the
159	state attorney's office.
160	Section 8. This act shall take effect July 1, 2003.
161