SENATE AMENDMENT
Bill No. CS for CS for SB 1280
Amendment No. ___ Barcode 394374
CHAMBER ACTION
Senate House
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04/28/2004 03:31 PM .
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11 Senator Lynn moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 120, lines 20 and 21, delete those lines
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16 and insert:
17 Section 52. Paragraph (q) is added to subsection (2)
18 of section 39.202, Florida Statutes, to read:
19 39.202 Confidentiality of reports and records in cases
20 of child abuse or neglect.--
21 (2) Except as provided in subsection (4), access to
22 such records, excluding the name of the reporter which shall
23 be released only as provided in subsection (5), shall be
24 granted only to the following persons, officials, and
25 agencies:
26 (q) Staff of a child advocacy center that has met the
27 standards set forth in s. 39.3035 who are actively involved in
28 providing the services of the center to the child.
29 Section 53. Subsection (6) and paragraph (b) of
30 subsection (9) of section 39.301, Florida Statutes, are
31 amended to read:
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1 39.301 Initiation of protective investigations.--
2 (6) For each report accepted by the hotline for
3 protective investigation, an assessment of risk and the
4 perceived needs for the child and family shall be conducted.
5 This assessment shall be initiated immediately upon receipt of
6 the report from the hotline and shall be conducted in a manner
7 that is sensitive to the social, economic, and cultural
8 environment of the family. The This assessment must include a
9 face-to-face interview with the child, other siblings,
10 parents, and other children and adults in the household and an
11 onsite assessment of the child's residence. During the
12 department's involvement with the child and family as a result
13 of the abuse report, the risk assessment shall continuously be
14 reviewed and amended to reflect any change to the risks and
15 needs of the child and family.
16 (9)
17 (b) The onsite child protective investigation to be
18 performed shall include a face-to-face interview with the
19 child; other siblings; parents, legal custodians, or
20 caregivers; and other adults in the household and an onsite
21 assessment of the child's residence in order to:
22 1. Determine the composition of the family or
23 household, including the name, address, date of birth, social
24 security number, sex, and race of each child named in the
25 report; any siblings or other children in the same household
26 or in the care of the same adults; the parents, legal
27 custodians, or caregivers; and any other adults in the same
28 household.
29 2. Determine whether there is indication that any
30 child in the family or household has been abused, abandoned,
31 or neglected; the nature and extent of present or prior
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1 injuries, abuse, or neglect, and any evidence thereof; and a
2 determination as to the person or persons apparently
3 responsible for the abuse, abandonment, or neglect, including
4 the name, address, date of birth, social security number, sex,
5 and race of each such person.
6 3. Determine the immediate and long-term risk to each
7 child by conducting state and federal records checks,
8 including, when feasible, the records of the Department of
9 Corrections, on the parents, legal custodians, or caregivers,
10 and any other persons in the same household. This information
11 shall be used solely for purposes supporting the detection,
12 apprehension, prosecution, pretrial release, posttrial
13 release, or rehabilitation of criminal offenders or persons
14 accused of the crimes of child abuse, abandonment, or neglect
15 and shall not be further disseminated or used for any other
16 purpose. The department's child protection investigators are
17 hereby designated a criminal justice agency for the purpose of
18 accessing criminal justice information to be used for
19 enforcing this state's laws concerning the crimes of child
20 abuse, abandonment, and neglect.
21 4. Determine the immediate and long-term risk to each
22 child through utilization of standardized risk assessment
23 instruments.
24 5. Based on the information obtained from available
25 sources, complete the risk assessment instrument within 48
26 hours after the initial contact and, if determined necessary
27 by the assessment needed, develop and implement a safety plan,
28 develop and implement a case plan, or develop and implement
29 both a safety plan and a case plan.
30 6. Determine the protective, treatment, and
31 ameliorative services necessary to safeguard and ensure the
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1 child's safety and well-being and development, and cause the
2 delivery of those services through the early intervention of
3 the department or its agent. The training provided to staff
4 members who conduct child protective investigations must
5 include instruction on how and when to use the injunction
6 process under s. 39.504 or s. 741.30 to remove a perpetrator
7 of domestic violence from the home as an intervention to
8 protect the child.
9 Section 54. Section 39.701, Florida Statutes, is
10 amended to read:
11 39.701 Judicial review.--
12 (1)(a) The court shall retain have continuing
13 jurisdiction in accordance with this section and shall review
14 the status of the child at least once every 6 months as
15 required by this subsection or more frequently if the court
16 deems it necessary or desirable.
17 (b) The court shall retain jurisdiction over a child
18 returned to his or her parents for a minimum period of 6
19 months following the reunification, but, at that time, based
20 on a report of the social service agency and the guardian ad
21 litem, if one has been appointed, and any other relevant
22 factors, the court shall make a determination as to whether
23 supervision by the department and the court's jurisdiction
24 shall continue or be terminated.
25 (2)(a) The court shall review The status of the child
26 and shall be reviewed hold a hearing as provided in this part
27 at least every 6 months until the child reaches permanency
28 status. This review may be conducted by the court or a citizen
29 review panel authorized by the court, if one has been
30 authorized.
31 (b) For reviews conducted by the court, the court may
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1 dispense with the attendance of the child at the judicial
2 review hearing, but may not dispense with the hearing or the
3 presence of other parties to the review unless before the
4 review a hearing a review is held before a citizen review
5 panel. If the court conducts the review without the presence
6 of the child, the court must specifically find whether the
7 department has direct knowledge of the care the child is
8 receiving.
9 (c)(b) Citizen review panels may conduct hearings to
10 review the status of a child. The court shall select the cases
11 appropriate for referral to the citizen review panels and may
12 order the attendance of the parties at the reviews review
13 panel hearings. However, any party may object to the referral
14 of a case to a citizen review panel. Whenever such an
15 objection has been filed with the court, the court shall
16 review the substance of the objection and may conduct the
17 review itself or refer the review to a citizen review panel.
18 All parties retain the right to take exception to the findings
19 or recommendations recommended orders of a citizen review
20 panel in accordance with Rule 1.490(h), Florida Rules of Civil
21 Procedure.
22 (d)(c) Notice of a review hearing by a citizen review
23 panel must be provided as set forth in subsection (5). At the
24 conclusion of a citizen review panel review hearing, each
25 party may propose recommendations a recommended order to the
26 chairperson of the panel. Thereafter, the citizen review panel
27 shall submit its report, copies of the proposed
28 recommendations recommended orders, and a copy of the panel's
29 recommendations recommended order to the court. The citizen
30 review panel's recommendations recommended order must be
31 limited to the dispositional options available to the court in
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1 subsection (8). Each party may file exceptions to the report
2 and recommendations recommended order of the citizen review
3 panel in accordance with Rule 1.490, Florida Rules of Civil
4 Procedure.
5 (3)(a) The initial judicial review hearing must be
6 held no later than 90 days after the date of the disposition
7 hearing or after the date of the hearing at which the court
8 approves the case plan, whichever comes first, but in no event
9 shall the review be held later than 6 months after the date
10 the child was removed from the home. A citizen review panel
11 panels may shall not conduct more than two consecutive reviews
12 without the child and the parties appearing coming before the
13 court for a judicial review hearing.
14 (b) If the citizen review panel recommends extending
15 the goal of reunification for any case plan beyond 12 months
16 from the date the child was removed from the home or the case
17 plan was adopted, whichever date came first, the court must
18 schedule a judicial review hearing to be conducted by the
19 court within 30 days after receiving the recommendation from
20 the citizen review panel.
21 (c) If the child is placed in the custody of the
22 department or a licensed child-placing agency for the purpose
23 of adoptive placement, judicial reviews must be held at least
24 every 6 months until the adoption is finalized.
25 (d) If the department and the court have established a
26 formal agreement that includes specific authorization for
27 particular cases, the department may conduct administrative
28 reviews instead of the judicial reviews for children in
29 out-of-home care. Notices of such administrative reviews must
30 be provided to all parties. However, an administrative review
31 may not be substituted for the first judicial review, and in
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1 every case the court must conduct a judicial review at least
2 every 6 months. Any party dissatisfied with the results of an
3 administrative review may petition for a judicial review.
4 (e) The clerk of the circuit court shall schedule
5 judicial review hearings in order to comply with the mandated
6 times cited in this section.
7 (f) In each case in which a child has been voluntarily
8 placed with the licensed child-placing agency, the agency
9 shall notify the clerk of the court in the circuit where the
10 child resides of the such placement no later than within 5
11 working days after the placement. Notification of the court is
12 not required for any child who will be in out-of-home care no
13 longer than 30 days unless that child is placed in out-of-home
14 care a second time within a 12-month period. If the child is
15 returned to the custody of the parents before the scheduled
16 review or hearing or if the child is placed for adoption, the
17 child-placing agency shall notify the court of the child's
18 return or placement no later than within 5 working days after
19 the return or placement, and the clerk of the court shall
20 cancel the review hearing.
21 (4) The court shall schedule the date, time, and
22 location of the next judicial review hearing or review by the
23 citizen review panel during the judicial review hearing or the
24 review by the citizen review panel which and shall be listed
25 list same in the judicial review order.
26 (5) Notice of a judicial review hearing or a citizen
27 review panel review hearing, and a copy of the motion for
28 judicial review, if any, must be served by the clerk of the
29 court upon:
30 (a) The social service agency charged with the
31 supervision of care, custody, or guardianship of the child, if
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1 that agency is not the movant.
2 (b) The foster parent or legal custodian in whose home
3 the child resides.
4 (c) The parents.
5 (d) The guardian ad litem for the child, or the
6 representative of the guardian ad litem program if the program
7 has been appointed.
8 (e) Any preadoptive parent.
9 (f) Any Such other person persons as the court may in
10 its discretion direct.
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12 Service of notice is not required on any person of the persons
13 listed in paragraphs (a)-(f) if the person was present at the
14 previous hearing or review during which the date, time, and
15 location of the hearing was announced.
16 (6)(a) Before Prior to every judicial review hearing
17 or citizen review panel review hearing, the social service
18 agency shall make an investigation and social study concerning
19 all pertinent details relating to the child and shall furnish
20 to the court or citizen review panel a written report that
21 includes, but is not limited to:
22 1. A description of the type of placement the child is
23 in at the time of the hearing or review, including the safety
24 of the child and the continuing necessity for and
25 appropriateness of the placement.
26 2. Documentation of the diligent efforts made by all
27 parties to the case plan to comply with each applicable
28 provision of the plan.
29 3. The amount of fees assessed and collected during
30 the period of time being reported.
31 4. The services provided to the foster family or legal
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1 custodian in an effort to address the needs of the child as
2 indicated in the case plan.
3 5. A statement that either:
4 a. The parent, though able to do so, did not comply
5 substantially with the provisions of the case plan, and the
6 agency recommendations;
7 b. The parent did substantially comply with the
8 provisions of the case plan; or
9 c. The parent has partially complied with the
10 provisions of the case plan, with a summary of additional
11 progress needed and the agency recommendations.
12 6. A statement from the foster parent or legal
13 custodian providing any material evidence concerning the
14 return of the child to the parent or parents.
15 7. A statement concerning the frequency, duration, and
16 results of the parent-child visitation, if any, and the agency
17 recommendations for an expansion or restriction of future
18 visitation.
19 8. The number of times a child has been removed from
20 his or her home and placed elsewhere, the number and types of
21 placements that have occurred, and the reason for the changes
22 in placement.
23 9. The number of times a child's educational placement
24 has been changed, the number and types of educational
25 placements which have occurred, and the reason for any change
26 in placement.
27 10. Copies of all medical, psychological, and
28 educational records that support the terms of the case plan
29 and that have been produced concerning the child, parents, or
30 any caregiver since the last judicial review hearing or
31 citizen review panel review.
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1 (b) A copy of the social service agency's written
2 report and the written report of the guardian ad litem must be
3 served on all parties whose whereabouts are known; to the
4 foster parents or legal custodians; and to the citizen review
5 panel, at least 72 hours before the judicial review hearing or
6 citizen review panel review hearing. The requirement for
7 providing parents with a copy of the written report does not
8 apply to those parents who have voluntarily surrendered their
9 child for adoption or who have had their parental rights to
10 the child terminated.
11 (c) In a case in which the child has been permanently
12 placed with the social service agency, the agency shall
13 furnish to the court a written report concerning the progress
14 being made to place the child for adoption. If the child
15 cannot be placed for adoption, a report on the progress made
16 by the child towards alternative permanency goals or
17 placements, including, but not limited to, guardianship,
18 long-term custody, long-term licensed custody, or independent
19 living, must be submitted to the court. The report must be
20 submitted to the court at least 72 hours before each scheduled
21 judicial review hearing.
22 (d) In addition to or in lieu of any written statement
23 provided to the court, the foster parent or legal custodian,
24 or any preadoptive parent, shall be given the opportunity to
25 address the court with any information relevant to the best
26 interests of the child at any judicial review hearing.
27 (7) The court and any citizen review panel shall take
28 into consideration the information contained in the social
29 services study and investigation and all medical,
30 psychological, and educational records that support the terms
31 of the case plan; testimony by the social services agency, the
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1 parent, the foster parent or legal custodian, the guardian ad
2 litem if one has been appointed for the child, and any other
3 person deemed appropriate; and any relevant and material
4 evidence submitted to the court, including written and oral
5 reports to the extent of their probative value. These reports
6 and evidence may be received by the court in its effort to
7 determine the action to be taken or recommended with regard to
8 the child and may be relied upon to the extent of their
9 probative value, even though not competent in an adjudicatory
10 hearing. In its deliberations, the court and any citizen
11 review panel shall seek to determine:
12 (a) If the parent was advised of the right to receive
13 assistance from any person or social service agency in the
14 preparation of the case plan.
15 (b) If the parent has been advised of the right to
16 have counsel present at the judicial review hearing or citizen
17 review panel review hearings. If not so advised, the court or
18 citizen review panel shall advise the parent of this such
19 right.
20 (c) If a guardian ad litem needs to be appointed for
21 the child in a case in which a guardian ad litem has not
22 previously been appointed or if there is a need to continue a
23 guardian ad litem in a case in which a guardian ad litem has
24 been appointed.
25 (d) The compliance or lack of compliance of all
26 parties with applicable items of the case plan, including the
27 parents' compliance with child support orders.
28 (e) The compliance or lack of compliance with a
29 visitation contract between the parent and the social service
30 agency for contact with the child, including the frequency,
31 duration, and results of the parent-child visitation and the
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1 reason for any noncompliance.
2 (f) The compliance or lack of compliance of the parent
3 in meeting specified financial obligations pertaining to the
4 care of the child, including the reason for failure to comply
5 if such is the case.
6 (g) The appropriateness of the child's current
7 placement, including whether the child is in a setting which
8 is as family-like and as close to the parent's home as
9 possible, consistent with the child's best interests and
10 special needs, and including maintaining stability in the
11 child's educational placement.
12 (h) A projected date likely for the child's return
13 home or other permanent placement.
14 (i) When appropriate, the basis for the unwillingness
15 or inability of the parent to become a party to a case plan.
16 The court and the citizen review panel shall determine if the
17 efforts of the social service agency to secure party
18 participation in a case plan were sufficient.
19 (8)(a) Based upon the criteria set forth in subsection
20 (7) and the recommendations recommended order of the citizen
21 review panel, if any, the court shall determine whether or not
22 the social service agency shall initiate proceedings to have a
23 child declared a dependent child, return the child to the
24 parent, continue the child in out-of-home care for a specified
25 period of time, or initiate termination of parental rights
26 proceedings for subsequent placement in an adoptive home.
27 Modifications to the plan must be handled as prescribed in s.
28 39.601. If the court finds that the prevention or
29 reunification efforts of the department will allow the child
30 to remain safely at home or be safely returned to the home,
31 the court shall allow the child to remain in or return to the
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1 home after making a specific finding of fact that the reasons
2 for the creation of the case plan have been remedied to the
3 extent that the child's safety, well-being, and physical,
4 mental, and emotional health will not be endangered.
5 (b) The court shall return the child to the custody of
6 the parents at any time it determines that the parents they
7 have substantially complied with the case plan, if the court
8 is satisfied that reunification will not be detrimental to the
9 child's safety, well-being, and physical, mental, and
10 emotional health.
11 (c) If, in the opinion of the court, the social
12 service agency has not complied with its obligations as
13 specified in the written case plan, the court may find the
14 social service agency in contempt, shall order the social
15 service agency to submit its plans for compliance with the
16 agreement, and shall require the social service agency to show
17 why the child could not safely be returned to the home of the
18 parents.
19 (d) The court may extend the time limitation of the
20 case plan, or may modify the terms of the plan, based upon
21 information provided by the social service agency, and the
22 guardian ad litem, if one has been appointed, the parent or
23 parents, and the foster parents or legal custodian, and any
24 other competent information on record demonstrating the need
25 for the amendment. If the court extends the time limitation of
26 the case plan, the court must make specific findings
27 concerning the frequency of past parent-child visitation, if
28 any, and the court may authorize the expansion or restriction
29 of future visitation. Modifications to the plan must be
30 handled as prescribed in s. 39.601. Any extension of a case
31 plan must comply with the time requirements and other
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1 requirements specified by this chapter.
2 (e) If, at any judicial review, the court finds that
3 the parents have failed to substantially comply with the case
4 plan to the degree that further reunification efforts are
5 without merit and not in the best interest of the child, it
6 may authorize the filing of a petition for termination of
7 parental rights, whether or not the time period as contained
8 in the case plan for substantial compliance has elapsed.
9 (f) No later than 12 months after the date that the
10 child was placed in shelter care, the court shall conduct a
11 judicial review to plan for the child's permanency. At this
12 hearing, if the child is not returned to the physical custody
13 of the parents, the case plan may be extended with the same
14 goals only if the court finds that the situation of the child
15 is so extraordinary that the plan should be extended. The case
16 plan must document steps the department is taking to find an
17 adoptive parent or other permanent living arrangement for the
18 child.
19 (g) The court may issue a protective order in
20 assistance, or as a condition, of any other order made under
21 this part. In addition to the requirements included in the
22 case plan, the protective order may set forth requirements
23 relating to reasonable conditions of behavior to be observed
24 for a specified period of time by a person or agency who is
25 before the court; and the such order may require the any such
26 person or agency to make periodic reports to the court
27 containing any such information as the court prescribes in its
28 discretion may prescribe.
29 Section 55. Subsection (7) of section 120.80, Florida
30 Statutes, is amended to read:
31 120.80 Exceptions and special requirements;
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1 agencies.--
2 (7) DEPARTMENT OF CHILDREN AND FAMILY SERVICES AND
3 AGENCY FOR HEALTH CARE ADMINISTRATION.--Notwithstanding s.
4 120.57(1)(a), hearings conducted within the Department of
5 Children and Family Services and the Agency for Health Care
6 Administration in the execution of those social and economic
7 programs administered by the former Division of Family
8 Services of the former Department of Health and Rehabilitative
9 Services prior to the reorganization effected by chapter
10 75-48, Laws of Florida, need not be conducted by an
11 administrative law judge assigned by the division.
12 Section 56. Subsections (8), (15), and (16) of section
13 400.0255, Florida Statutes, are amended to read:
14 400.0255 Resident transfer or discharge; requirements
15 and procedures; hearings.--
16 (8) The notice required by subsection (7) must be in
17 writing and must contain all information required by state and
18 federal law, rules, or regulations applicable to Medicaid or
19 Medicare cases. The agency shall develop a standard document
20 to be used by all facilities licensed under this part for
21 purposes of notifying residents of a discharge or transfer.
22 The Such document must include a means for a resident to
23 request the local long-term care ombudsman council to review
24 the notice and request information about or assistance with
25 initiating a fair hearing with the agency's department's
26 Office of Fair Appeals Hearings. In addition to any other
27 pertinent information included, the form shall specify the
28 reason allowed under federal or state law that the resident is
29 being discharged or transferred, with an explanation to
30 support this action. Further, the form shall state the
31 effective date of the discharge or transfer and the location
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1 to which the resident is being discharged or transferred. The
2 form shall clearly describe the resident's appeal rights and
3 the procedures for filing an appeal, including the right to
4 request the local ombudsman council to review the notice of
5 discharge or transfer. A copy of the notice must be placed in
6 the resident's clinical record, and a copy must be transmitted
7 to the resident's legal guardian or representative and to the
8 local ombudsman council within 5 business days after signature
9 by the resident or resident designee.
10 (15)(a) The agency's department's Office of Fair
11 Appeals Hearings shall conduct hearings under this section.
12 The office shall notify the facility of a resident's request
13 for a hearing.
14 (b) The agency department shall adopt, by rule,
15 establish procedures to be used for fair hearings requested by
16 residents. These procedures shall be equivalent to the
17 procedures used for fair hearings for other Medicaid cases,
18 chapter 65-2 10-2, part VI, Florida Administrative Code. The
19 burden of proof must be clear and convincing evidence. A
20 hearing decision must be rendered within 90 days after receipt
21 of the request for hearing.
22 (c) If the hearing decision is favorable to the
23 resident who has been transferred or discharged, the resident
24 must be readmitted to the facility's first available bed.
25 (d) The decision of the hearing officer is shall be
26 final. Any aggrieved party may appeal the decision to the
27 district court of appeal in the appellate district where the
28 facility is located. Appeal Review procedures shall be
29 conducted in accordance with the Florida Rules of Appellate
30 Procedure.
31 (16) The agency department may adopt rules necessary
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1 to administer this section.
2 Section 57. Subsection (13) is added to section
3 408.15, Florida Statutes, to read:
4 408.15 Powers of the agency.--In addition to the
5 powers granted to the agency elsewhere in this chapter, the
6 agency is authorized to:
7 (13) Establish and conduct Medicaid fair hearings that
8 are unrelated to eligibility determinations, complying with 42
9 C.F.R. s. 431.200 and other applicable federal and state laws
10 and regulations.
11 Section 58. Subsection (11) of section 409.91195,
12 Florida Statutes, is amended to read:
13 409.91195 Medicaid Pharmaceutical and Therapeutics
14 Committee.--There is created a Medicaid Pharmaceutical and
15 Therapeutics Committee within the Agency for Health Care
16 Administration for the purpose of developing a preferred drug
17 formulary pursuant to 42 U.S.C. s. 1396r-8.
18 (11) Medicaid recipients may appeal agency preferred
19 drug formulary decisions using the Medicaid fair hearing
20 process administered by the Agency for Health Care
21 Administration Department of Children and Family Services.
22 Section 59. Paragraph (b) of subsection (4) of section
23 409.912, Florida Statutes, is amended to read:
24 409.912 Cost-effective purchasing of health care.--The
25 agency shall purchase goods and services for Medicaid
26 recipients in the most cost-effective manner consistent with
27 the delivery of quality medical care. The agency shall
28 maximize the use of prepaid per capita and prepaid aggregate
29 fixed-sum basis services when appropriate and other
30 alternative service delivery and reimbursement methodologies,
31 including competitive bidding pursuant to s. 287.057, designed
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1 to facilitate the cost-effective purchase of a case-managed
2 continuum of care. The agency shall also require providers to
3 minimize the exposure of recipients to the need for acute
4 inpatient, custodial, and other institutional care and the
5 inappropriate or unnecessary use of high-cost services. The
6 agency may establish prior authorization requirements for
7 certain populations of Medicaid beneficiaries, certain drug
8 classes, or particular drugs to prevent fraud, abuse, overuse,
9 and possible dangerous drug interactions. The Pharmaceutical
10 and Therapeutics Committee shall make recommendations to the
11 agency on drugs for which prior authorization is required. The
12 agency shall inform the Pharmaceutical and Therapeutics
13 Committee of its decisions regarding drugs subject to prior
14 authorization.
15 (4) The agency may contract with:
16 (b) An entity that is providing comprehensive
17 behavioral health care services to certain Medicaid recipients
18 through a capitated, prepaid arrangement under pursuant to the
19 federal waiver provided for by s. 409.905(5). The Such an
20 entity must be licensed under chapter 624, chapter 636, or
21 chapter 641 and must possess the clinical systems and
22 operational competence to manage risk and provide
23 comprehensive behavioral health care to Medicaid recipients.
24 As used in this paragraph, the term "comprehensive behavioral
25 health care services" means covered mental health and
26 substance abuse treatment services that are available to
27 Medicaid recipients. The secretary of the Department of
28 Children and Family Services shall approve provisions of
29 procurements related to children in the department's care or
30 custody before prior to enrolling the such children in a
31 prepaid behavioral health plan. Any contract awarded under
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1 this paragraph must be competitively procured. In developing
2 the behavioral health care prepaid plan procurement document,
3 the agency shall ensure that the procurement document requires
4 the contractor to develop and implement a plan to ensure
5 compliance with s. 394.4574 related to services provided to
6 residents of licensed assisted living facilities that hold a
7 limited mental health license. The agency shall seek federal
8 approval to contract with a single entity meeting these
9 requirements to provide comprehensive behavioral health care
10 services to all Medicaid recipients in an AHCA area. Each
11 entity must offer sufficient choice of providers in its
12 network to ensure recipient access to care and the opportunity
13 to select a provider with whom they are satisfied. The network
14 shall include all public mental health hospitals. To ensure
15 unimpaired access to behavioral health care services by
16 Medicaid recipients, all contracts issued under pursuant to
17 this paragraph shall require 80 percent of the capitation paid
18 to the managed care plan, including health maintenance
19 organizations, to be expended for the provision of behavioral
20 health care services. In the event the managed care plan
21 expends less than 80 percent of the capitation paid under
22 pursuant to this paragraph for the provision of behavioral
23 health care services, the difference shall be returned to the
24 agency. The agency shall provide the managed care plan with a
25 certification letter indicating the amount of capitation paid
26 during each calendar year for the provision of behavioral
27 health care services under pursuant to this section. The
28 agency may reimburse for substance abuse treatment services on
29 a fee-for-service basis until the agency finds that adequate
30 funds are available for capitated, prepaid arrangements.
31 1. By January 1, 2001, the agency shall modify the
19
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1 contracts with the entities providing comprehensive inpatient
2 and outpatient mental health care services to Medicaid
3 recipients in Hillsborough, Highlands, Hardee, Manatee, and
4 Polk Counties, to include substance abuse treatment services.
5 2. By July 1, 2003, the agency and the Department of
6 Children and Family Services shall execute a written agreement
7 that requires collaboration and joint development of all
8 policy, budgets, procurement documents, contracts, and
9 monitoring plans that have an impact on the state and Medicaid
10 community mental health and targeted case management programs.
11 3. By July 1, 2006, the agency and the Department of
12 Children and Family Services shall contract with managed care
13 entities in each AHCA area except area 6 or arrange to provide
14 comprehensive inpatient and outpatient mental health and
15 substance abuse services through capitated prepaid
16 arrangements to all Medicaid recipients who are eligible to
17 participate in such plans under federal law and regulation. In
18 AHCA areas where eligible individuals number less than
19 150,000, the agency shall contract with a single managed care
20 plan. The agency may contract with more than one plan in AHCA
21 areas where the eligible population exceeds 150,000. Contracts
22 awarded pursuant to this section shall be competitively
23 procured. Both for-profit and not-for-profit corporations
24 shall be eligible to compete.
25 4. By October 1, 2003, the agency and the department
26 shall submit a plan to the Governor, the President of the
27 Senate, and the Speaker of the House of Representatives which
28 provides for the full implementation of capitated prepaid
29 behavioral health care in all areas of the state. The plan
30 shall include provisions which ensure that children and
31 families receiving foster care and other related services are
20
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1 appropriately served and that these services assist the
2 community-based care lead agencies in meeting the goals and
3 outcomes of the child welfare system. The plan will be
4 developed with the participation of community-based lead
5 agencies, community alliances, sheriffs, and community
6 providers serving dependent children.
7 a. Implementation shall begin in 2003 in those AHCA
8 areas of the state where the agency is able to establish
9 sufficient capitation rates.
10 b. If the agency determines that the proposed
11 capitation rate in any area is insufficient to provide
12 appropriate services, the agency may adjust the capitation
13 rate to ensure that care will be available. The agency and the
14 department may use existing general revenue to address any
15 additional required match but may not over-obligate existing
16 funds on an annualized basis.
17 c. Subject to any limitations provided for in the
18 General Appropriations Act, the agency, in compliance with
19 appropriate federal authorization, shall develop policies and
20 procedures that allow for certification of local and state
21 funds.
22 5. Children residing in a statewide inpatient
23 psychiatric program, or in a Department of Juvenile Justice or
24 a Department of Children and Family Services residential
25 program approved as a Medicaid behavioral health overlay
26 services provider may shall not be included in a behavioral
27 health care prepaid health plan under pursuant to this
28 paragraph.
29 6. In converting to a prepaid system of delivery, the
30 agency shall in its procurement document require an entity
31 providing comprehensive behavioral health care services to
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1 prevent the displacement of indigent care patients by
2 enrollees in the Medicaid prepaid health plan providing
3 behavioral health care services from facilities receiving
4 state funding to provide indigent behavioral health care, to
5 facilities licensed under chapter 395 which do not receive
6 state funding for indigent behavioral health care, or
7 reimburse the unsubsidized facility for the cost of behavioral
8 health care provided to the displaced indigent care patient.
9 7. Traditional community mental health and
10 substance-abuse treatment providers under contract with the
11 Department of Children and Family Services under pursuant to
12 part IV of chapter 394, child welfare providers under contract
13 with the Department of Children and Family Services, and
14 inpatient mental health providers licensed under pursuant to
15 chapter 395 must receive contracts to provide services be
16 offered an opportunity to accept or decline a contract to
17 participate in any provider network for prepaid behavioral
18 health services.
19 Section 60. Subsection (15) of section 415.102,
20 Florida Statutes, is amended to read:
21 415.102 Definitions of terms used in ss.
22 415.101-415.113.--As used in ss. 415.101-415.113, the term:
23 (15) "Neglect" means the failure or omission on the
24 part of the caregiver or vulnerable adult to provide the care,
25 supervision, and services necessary to maintain the physical
26 and mental health of the vulnerable adult, including, but not
27 limited to, food, clothing, medicine, shelter, supervision,
28 and medical services, that a prudent person would consider
29 essential for the well-being of a vulnerable adult. The term
30 "neglect" also means the failure of a caregiver or vulnerable
31 adult to make a reasonable effort to protect a vulnerable
22
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1 adult from abuse, neglect, or exploitation by others.
2 "Neglect" is repeated conduct or a single incident of
3 carelessness which produces or could reasonably be expected to
4 result in serious physical or psychological injury or a
5 substantial risk of death.
6 Section 61. Subsection (5) of section 415.1113,
7 Florida Statutes, is amended and redesignated as subsection
8 (6), present subsections (6), (7), (8), (9), and (10) are
9 redesignated as subsections (7), (8), (9), (10), and (11),
10 respectively, and a new subsection (5) is added to that
11 section to read:
12 415.1113 Administrative fines for false report of
13 abuse, neglect, or exploitation of a vulnerable adult.--
14 (5) A person alleged to have filed a false report may
15 be represented by legal counsel at the administrative hearing.
16 The notice of intent to impose the administrative fine set
17 forth in subsection (3) must include notification of the right
18 to be represented by legal counsel.
19 (6)(5) At the administrative hearing, the department
20 must prove by clear and convincing evidence that the person
21 knowingly and willfully filed a false report with the central
22 abuse hotline. The person has the right to be represented by
23 legal counsel at the hearing.
24 Section 62. Subsections (2) and (5) of section
25 420.622, Florida Statutes, are amended to read:
26 420.622 State Office on Homelessness; Council on
27 Homelessness.--
28 (2) The Council on Homelessness is created to consist
29 of a 15-member council of public and private agency
30 representatives who shall develop policy and advise the State
31 Office on Homelessness. The council members shall be: the
23
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1 Secretary of Children and Family Services, or his or her
2 designee; the Secretary of Community Affairs, or his or her
3 designee; the Secretary of Health, or his or her designee; the
4 Executive Director of Veterans' Affairs, or his or her
5 designee; the Secretary of Corrections, or his or her
6 designee; the Director of Workforce Florida, Inc., or his or
7 her designee; one representative of the Florida Association of
8 Counties; one representative of the Florida Coalition for
9 Supportive Housing Coalition; the Executive Director of the
10 Florida Housing Finance Corporation, or his or her designee;
11 one representative of the Florida Coalition for the Homeless;
12 one representative of the Florida State Rural Development
13 Council; and four members appointed by the Governor. The
14 council members shall be volunteer, nonpaid persons and shall
15 be reimbursed for travel expenses only. The appointed members
16 of the council shall serve staggered 2-year terms, and the
17 council shall meet at least four times per year. The
18 importance of minority, gender, and geographic representation
19 must be considered when appointing members to the council.
20 (5) The State Office on Homelessness, with the
21 concurrence of the Council on Homelessness, may administer
22 moneys appropriated to it to provide homeless housing
23 assistance grants annually to lead agencies for local homeless
24 assistance continuum of care, as recognized by the State
25 Office on Homelessness, to construct or rehabilitate
26 transitional or permanent housing units for homeless persons.
27 These moneys shall consist of any sums that the state may
28 appropriate, as well as money received from donations, gifts,
29 bequests, or otherwise from any public or private source,
30 which money is intended to construct or rehabilitate
31 transitional or permanent housing units for homeless persons.
24
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1 (a) Grant applicants shall be ranked competitively.
2 Preference must be given to applicants who leverage additional
3 private funds and public funds, particularly federal funds
4 designated for the construction and rehabilitation of
5 transitional or permanent housing for homeless persons, who
6 build or rehabilitate the greatest number of units, and who
7 build or rehabilitate in catchment areas having the greatest
8 need for housing for the homeless relative to the population
9 of the catchment area.
10 (b) Funding for any particular project may not exceed
11 $750,000.
12 (c) Construction or rehabilitation activities, and
13 associated and related costs, to which funds available under
14 this subsection may be applied include, but are not limited
15 to:
16 1. Site preparation and demolition;
17 2. Professional fees of architects, surveyors, or
18 engineers;
19 3. Local government building permits and impact fees;
20 4. Utilities and special district fees;
21 5. Labor, materials, and tools; and
22 6. Other costs associated with the construction or
23 rehabilitation of the building.
24
25 Any construction or rehabilitation activity or cost eligible
26 for funding under this subsection may be funded if the
27 activity or cost cannot be contributed, absorbed, or waived.
28 (d)(c) Projects must reserve, for a minimum of 10
29 years, the number of units constructed or rehabilitated
30 through homeless housing assistance grant funding to serve
31 persons who are homeless at the time they assume tenancy.
25
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1 (e)(d) No more than two grants may be awarded annually
2 in any given local homeless assistance continuum of care
3 catchment area.
4 (f)(e) A project may not be funded which is not
5 included in the local homeless assistance continuum of care
6 plan, as recognized by the State Office on Homelessness, for
7 the catchment area in which the project is located.
8 (g)(f) The maximum percentage of funds that the State
9 Office on Homelessness and each applicant may spend on
10 administrative costs is 5 percent.
11 Section 63. Subsection (4) of section 420.623, Florida
12 Statutes, is amended to read:
13 420.623 Local coalitions for the homeless.--
14 (4) ANNUAL REPORTS.--The department shall submit to
15 the Governor, the Speaker of the House of Representatives, and
16 the President of the Senate, by December 31 June 30, an annual
17 report consisting of a compilation of data collected by local
18 coalitions, progress made in the development and
19 implementation of local homeless assistance continuums of care
20 plans in each district, local spending plans, programs and
21 resources available at the local level, and recommendations
22 for programs and funding.
23 Section 64. Subsection (5) of section 420.625, Florida
24 Statutes, is amended to read:
25 420.625 Grant-in-aid program.--
26 (5) SPENDING PLANS.--The department shall develop
27 guidelines for the development of spending plans and for the
28 evaluation and approval by district administrators of spending
29 plans, based upon such factors as:
30 (a) The demonstrated level of need for the program.
31 (b) The demonstrated ability of the local agency or
26
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1 agencies seeking assistance to deliver the services and to
2 assure that identified needs will be met.
3 (c) The ability of the local agency or agencies
4 seeking assistance to deliver a wide range of services as
5 enumerated in subsection (3).
6 (d) The adequacy and reasonableness of proposed
7 budgets and planned expenditures, and the demonstrated
8 capacity of the local agency or agencies to administer the
9 funds sought.
10 (e) A statement from the local coalition for the
11 homeless as to the steps to be taken to assure coordination
12 and integration of services in the district to avoid
13 unnecessary duplication and costs.
14 (f) A statement from the designated lead agency of the
15 homeless assistance continuum of care catchment area in which
16 the services proposed will be provided, assuring the
17 department that the services are contained in, and consistent
18 with, the coalition's written plan for its continuum of care.
19 (g)(f) Assurances by the local coalition for the
20 homeless that alternative funding strategies for meeting needs
21 through the reallocation of existing resources, utilization of
22 volunteers, and local government or private agency funding
23 have been explored.
24 (h)(g) The existence of an evaluation component
25 designed to measure program outcomes and determine the overall
26 effectiveness of the local programs for the homeless for which
27 funding is sought.
28 Section 65. Subsection (3) of section 39.304, Florida
29 Statutes, is amended to read:
30 39.304 Photographs, medical examinations, X rays, and
31 medical treatment of abused, abandoned, or neglected child.--
27
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1 (3) Any facility licensed under chapter 395 shall
2 provide to the department, its agent, a law enforcement
3 agency, or a child protection team that contracts with the
4 department any photograph or report on examinations made or X
5 rays taken under pursuant to this section, or copies thereof,
6 for the purpose of investigation or assessment of cases of
7 abuse, abandonment, neglect, or exploitation of children.
8 Section 66. Subsections (3), (4), (5), and (6) of
9 section 61.21, Florida Statutes, are amended to read:
10 61.21 Parenting course authorized; fees; required
11 attendance authorized; contempt.--
12 (3) Each course provider offering a parenting course
13 pursuant to this section must be approved by the Department of
14 Children and Family Services. The provider and course must
15 comply with this section and the rules developed under this
16 section.
17 (a) The Department of Children and Family Services
18 shall provide each judicial circuit with a statewide list of
19 approved course providers and sites at which the parent
20 education and family stabilization course may be completed.
21 Each judicial circuit must make information regarding all
22 approved course providers available to all parents.
23 (b) Parent education and family stabilization course
24 providers may charge a reasonable fee for each course
25 participant. The Department of Children and Family Services
26 shall include on the list of approved course providers and
27 sites for each circuit at least one site in that circuit where
28 the parent education and family stabilization course may be
29 completed on a sliding fee scale, if available.
30 (c) The Department of Children and Family Services
31 shall include on the list of approved course providers,
28
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1 without limitation as to the area of the state for which the
2 course is approved, a minimum of one statewide approved course
3 to be provided through the Internet and one statewide approved
4 course to be provided through correspondence. The purpose of
5 the Internet and correspondence courses is to ensure that the
6 parent education and stabilization course is available in the
7 home county of each state resident and to those out-of-state
8 persons subject to this section.
9 (d) The Department of Children and Family Services may
10 remove a provider from the list of approved course providers
11 for noncompliance with the requirements of this section or the
12 rules adopted under this section.
13 (e) The Department of Children and Family Services
14 shall adopt rules to implement subsections (2) and (3).
15 (4)(3) All parties to a dissolution of marriage
16 proceeding with minor children or a paternity action which
17 involves issues of parental responsibility shall be required
18 to complete the Parent Education and Family Stabilization
19 Course prior to the entry by the court of a final judgment.
20 The court may excuse a party from attending the parenting
21 course for good cause.
22 (5)(4) All parties required to complete a parenting
23 course under this section shall begin the course as
24 expeditiously as possible after filing for dissolution of
25 marriage and shall file proof of compliance with the court
26 prior to the entry of the final judgment.
27 (6)(5) All parties to a modification of a final
28 judgment involving shared parental responsibilities, custody,
29 or visitation may be required to complete a court-approved
30 parenting course prior to the entry of an order modifying the
31 final judgment.
29
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Amendment No. ___ Barcode 394374
1 (6) The department shall provide each judicial circuit
2 with a list of approved course providers and sites at which
3 the parent education and family stabilization course required
4 by this section may be completed. The department shall also
5 include on the list of course providers and sites at least one
6 site in each circuit at which the parent education and family
7 stabilization course may be completed on a sliding fee scale,
8 if available.
9 Section 67. Paragraphs (a) and (c) of subsection (2)
10 of section 839.13, Florida Statutes, are amended to read:
11 839.13 Falsifying records.--
12 (2)(a) Any person who knowingly falsifies, alters,
13 destroys, defaces, overwrites, removes, or discards by
14 altering, destroying, defacing, overwriting, removing, or
15 discarding an official record relating to an individual in the
16 care and custody of a state agency, which act has the
17 potential to detrimentally affect the health, safety, or
18 welfare of that individual, commits a felony of the third
19 degree, punishable as provided in s. 775.082, s. 775.083, or
20 s. 775.084. For the purposes of this paragraph, the term "care
21 and custody" includes, but is not limited to, a child abuse
22 protective investigation, protective supervision, foster care
23 and related services, or a protective investigation or
24 protective supervision of a vulnerable adult, as defined in
25 chapter 39, chapter 409, or chapter 415.
26 (c) Any person who knowingly falsifies, alters,
27 destroys, defaces, overwrites, removes, or discards by
28 altering, destroying, defacing, overwriting, removing, or
29 discarding records of the Department of Children and Family
30 Services or its contract provider with the intent to conceal a
31 fact material to a child abuse protective investigation,
30
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Amendment No. ___ Barcode 394374
1 protective supervision, foster care and related services, or a
2 protective investigation or protective supervision of a
3 vulnerable adult, as defined in chapter 39, chapter 409, or
4 chapter 415, commits a felony of the third degree, punishable
5 as provided in s. 775.082, s. 775.083, or s. 775.084. Nothing
6 in this paragraph prohibits prosecution for a violation of
7 paragraph (a) or paragraph (b) involving records described in
8 this paragraph.
9 Section 68. Subsection (6) of section 410.604, Florida
10 Statutes, is repealed.
11 Section 69. Except as otherwise expressly provided in
12 this act and except for this section, which shall take effect
13 upon becoming a law, this act shall take effect July 1, 2004.
14
15
16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 On page 6, lines 19 and 20, delete those lines
19
20 and insert:
21 the changes made by the act; amending s.
22 39.202, F.S., relating to confidentiality
23 requirements for reports and records in cases
24 of child abuse or neglect; providing that staff
25 members of a child advocacy center who are
26 providing the services of the center to the
27 child may have access to the records; amending
28 s. 39.301, F.S.; requiring a risk assessment of
29 the child and family to be commenced
30 immediately upon receipt of the abuse report;
31 providing for a continuous review of the risk
31
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1 assessment; providing for the development and
2 implementation of a safety plan, a case plan,
3 or both; amending s. 39.701, F.S.; providing
4 for a review of the status of the child by the
5 circuit court or a citizen review panel;
6 authorizing reviews by a citizen review panel
7 in lieu of court hearings; requiring the court
8 to specifically find if the department has
9 direct knowledge of the care the child is
10 receiving; providing for recommendations from
11 the citizen review panels in place of
12 recommended orders; amending s. 120.80, F.S.;
13 exempting hearings of the Agency for Health
14 Care Administration from the requirement of
15 being conducted by an administrative law judge;
16 amending s. 400.0255, F.S.; providing for
17 certain hearings relating to resident transfer
18 or discharge to be conducted by the agency's
19 Office of Fair Hearings; amending s. 408.15,
20 F.S.; authorizing the agency to establish and
21 conduct Medicaid fair hearings; amending s.
22 409.91195, F.S.; authorizing a Medicaid
23 recipient to appeal a decision concerning the
24 preferred drug formulary through the agency;
25 amending s. 409.912, F.S.; requiring the
26 department to enter into contracts with certain
27 providers for the providers to supply services
28 in any provider network for prepaid behavioral
29 health services; amending s. 415.102, F.S.;
30 adding self-neglect to the definition of the
31 term "neglect" for purposes of adult protective
32
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1 services; amending s. 415.1113, F.S.; requiring
2 notification of the right to be represented by
3 legal counsel at an administrative hearing
4 regarding an allegation of filing a false
5 report; amending s. 420.622, F.S.;
6 redesignating the Florida Coalition for
7 Supportive Housing; providing that grant moneys
8 for homeless persons may be used for certain
9 eligible construction and rehabilitation costs;
10 amending s. 420.623, F.S.; changing the date
11 for the department to submit an annual report
12 to the Governor and Legislature; amending s.
13 420.625, F.S.; requiring that spending plans
14 for funds from the grant-in-aid program include
15 assurances to the department that the services
16 are consistent with the continuum-of-care plan;
17 amending s. 39.304, F.S.; adding a law
18 enforcement agency to the groups to which a
19 health care facility licensed under ch. 395,
20 F.S., must supply specified items during an
21 investigation of abuse, abandonment, or neglect
22 of a child; amending s. 61.21, F.S.; requiring
23 the Department of Children and Family Services
24 to approve parenting courses; establishing
25 requirements relating to the provision of
26 approved parenting courses; amending s. 839.13,
27 F.S.; providing that a person who knowingly
28 falsifies, alters, destroys, defaces,
29 overwrites, removes, or discards a record of
30 the department or its contract provider or a
31 record relating to an individual in the care
33
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1 and custody of the state commits a felony of
2 the third degree; repealing s. 410.604(6),
3 F.S., relating to fees charged by the
4 department and its providers for services
5 delivered to a disabled adult whose income is
6 above the eligibility standard for
7 institutional care; providing effective dates.
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