Senate Bill sb1280c1
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Florida Senate - 2004 CS for SB 1280
By the Committee on Children and Families; and Senator Peaden
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1 A bill to be entitled
2 An act relating to the Department of Children
3 and Family Services; amending s. 20.19, F.S.;
4 removing the developmental disabilities program
5 from the Department of Children and Family
6 Services; creating s. 20.197, F.S.;
7 establishing the Agency for Persons with
8 Disabilities for the purpose of providing
9 services to persons with developmental
10 disabilities, including institutional services;
11 directing the agency to execute interagency
12 agreements with the Agency for Health Care
13 Administration for the financial management of
14 the Medicaid waivers and the Department of
15 Children and Family Services for administrative
16 support; amending s. 393.063, F.S.; updating
17 definitions and deleting obsolete definitions;
18 amending s. 393.064, F.S.; deleting
19 requirements that the agency's legislative
20 budget request include funding for prevention;
21 amending s. 393.0655, F.S.; requiring Level 2
22 screening for specified service providers;
23 amending s. 393.066, F.S.; removing requirement
24 that services be administered and approved by
25 the districts; modifying a requirement to
26 provide certain services; deleting a
27 requirement for a 5-year plan relating to
28 community-based services; adding a requirement
29 to assist clients in gaining employment;
30 repealing obsolete requirement authorizing the
31 state to lease or construct residential
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1 facilities; deleting authorization to adopt
2 rules ensuring compliance with federal rules;
3 amending s. 393.0661, F.S.; deleting an
4 obsolete provision; modifying provisions
5 relating to an assessment instrument; adding
6 requirements for adoption of rate
7 methodologies; amending s. 393.068, F.S.;
8 making service provision subject to available
9 resources; updating list of services to be
10 provided; deleting provision referring to
11 5-year plans; amending s. 393.0695, F.S.;
12 requiring in-home subsidy amounts to be
13 reassessed annually; amending s. 393.11, F.S.;
14 deleting provisions referring to districts,
15 department programs, and the nonexistent
16 Department of Labor and Employment Security;
17 amending s. 393.13, F.S.; deleting obsolete
18 provisions; adding legislative intent relating
19 to reducing the use of sheltered workshops;
20 amending s. 393.17, F.S.; authorizing the
21 agency to contract for the certification of
22 behavioral analysts; deleting provisions
23 relating to a certification program and
24 provisions allowing fees; amending s. 393.22,
25 F.S.; deleting prohibition preventing transfer
26 of funds and ensuring financial commitment for
27 specified developmental conditions; amending s.
28 393.502, F.S.; removing reference to districts;
29 deleting a provision permitting appointment of
30 family care council members if the Governor
31 does not act; amending ss. 408.301, 408.302,
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1 F.S.; amending legislative intent to add the
2 Agency for Persons with Disabilities and the
3 Department of Elderly Affairs as agencies that
4 the Agency for Health Care Administration must
5 enter into interagency agreement with regarding
6 persons with special needs; amending s.
7 409.906, F.S.; clarifying powers of the Agency
8 for Health Care Administration with respect to
9 limiting coverage for certain services;
10 repealing s. 393.14, F.S.; requiring a
11 multiyear plan; repealing s. 393.165, F.S.,
12 relating to ICF/DDs; repealing s. 393.166,
13 F.S., relating to homes for special services;
14 repealing s. 393.505, F.S., relating to
15 comprehensive day treatment service projects;
16 transferring programs and institutions relating
17 to developmental disabilities from the
18 Department of Children and Family Services to
19 the Agency for Persons with Disabilities;
20 providing duties of those agencies as well as
21 the Department of Management Services;
22 providing for substitution of parties in
23 administrative and judicial proceedings;
24 providing duties of the Office of Program
25 Policy Analysis and Government Accountability;
26 providing for a report; amending ss. 92.53,
27 397.405, 400.464, 419.001, 914.16, 914.17,
28 918.16, 943.0585, 943.059, F.S.; conforming
29 cross-references; amending ss. 393.0641,
30 393.065, 393.0651, 393.067, 393.0673, 393.0675,
31 393.0678, 393.071, 393.075, 393.115, 393.12,
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1 393.125, 393.14, 393.15, 393.501, 393.503,
2 393.506, F.S.; conforming to the changes made
3 by the act; authorizing the Department of
4 Children and Family Services' Economic
5 Self-Sufficiency Services Program Office to
6 provide the eligibility determination function
7 through department staff or through contract;
8 providing restrictions; providing an effective
9 date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (b) of subsection (4) of section
14 20.19, Florida Statutes, is amended to read:
15 20.19 Department of Children and Family
16 Services.--There is created a Department of Children and
17 Family Services.
18 (4) PROGRAM OFFICES AND SUPPORT OFFICES.--
19 (b) The following program offices are established:
20 1. Adult Services.
21 2. Child Care Services.
22 3. Developmental Disabilities.
23 3.4. Economic Self-Sufficiency Services.
24 4.5. Family Safety.
25 5.6. Mental Health.
26 6.7. Refugee Services.
27 7.8. Substance Abuse.
28 Section 2. Section 20.197, Florida Statutes, is
29 created to read:
30 20.197 Agency for Persons with Disabilities.--There is
31 created the Agency for Persons with Disabilities, housed
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1 within the Department of Children and Family Services for
2 administrative purposes only. The agency shall be a separate
3 budget entity not subject to control, supervision, or
4 direction by the Department of Children and Family Services in
5 any manner, including, but not limited to, personnel,
6 purchasing, transactions involving real or personal property,
7 and budgetary matters.
8 (1) The director of the agency shall be the agency
9 head for all purposes and shall be appointed by the Governor
10 and serve at the pleasure of the Governor. The director shall
11 administer the affairs of the agency and establish
12 administrative units as needed and may, within available
13 resources, employ assistants, professional staff, and other
14 employees as necessary to discharge the powers and duties of
15 the agency.
16 (2) The agency shall be responsible for the provision
17 of all services provided to persons with developmental
18 disabilities pursuant to chapter 393, including the operation
19 of all state institutional programs and the programmatic
20 management of Medicaid waivers established to provide services
21 to persons with developmental disabilities.
22 (3) The agency shall engage in such other
23 administrative activities as are deemed necessary to
24 effectively and efficiently address the needs of the agency's
25 clients.
26 (4) The agency shall enter into an interagency
27 agreement that delineates the responsibilities of the Agency
28 for Health Care Administration for the following:
29 (a) The terms, and execution of contracts with
30 Medicaid providers for the provision of services provided
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1 through Medicaid, including federally approved waiver
2 programs.
3 (b) Billing, payment, and reconciliation of claims for
4 Medicaid services reimbursed by the agency.
5 (c) The implementation of utilization management
6 measures, including the prior authorization of services plans
7 and the streamlining and consolidation of waivers services, to
8 ensure the cost-effective provision of needed Medicaid
9 services and to maximize the number of persons with access to
10 such services.
11 (d) A system of approving each client's plan of care
12 to ensure that the services on the plan of care are those that
13 without which the client would require the services of an
14 intermediate care facility for the developmentally disabled.
15 Section 3. Section 393.063, Florida Statutes, is
16 amended to read:
17 393.063 Definitions.--For the purposes of this
18 chapter:
19 (1) "Active treatment" means the provision of services
20 by an interdisciplinary team necessary to maximize a client's
21 individual independence or prevent regression or loss of
22 functional status.
23 (1)(2) "Agency" means the Agency for Persons with
24 Disabilities Health Care Administration.
25 (2)(3) "Autism" means a pervasive, neurologically
26 based developmental disability of extended duration which
27 causes severe learning, communication, and behavior disorders
28 with age of onset during infancy or childhood. Individuals
29 with autism exhibit impairment in reciprocal social
30 interaction, impairment in verbal and nonverbal communication
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1 and imaginative ability, and a markedly restricted repertoire
2 of activities and interests.
3 (3)(4) "Cerebral palsy" means a group of disabling
4 symptoms of extended duration which results from damage to the
5 developing brain that may occur before, during, or after birth
6 and that results in the loss or impairment of control over
7 voluntary muscles. For the purposes of this definition,
8 cerebral palsy does not include those symptoms or impairments
9 resulting solely from a stroke.
10 (4)(5) "Client" means any person determined eligible
11 by the agency department for developmental services under this
12 chapter.
13 (5)(6) "Client advocate" means a friend or relative of
14 the client, or of the client's immediate family, who advocates
15 for the best interests of the client in any proceedings under
16 this chapter in which the client or his or her family has the
17 right or duty to participate.
18 (6)(7) "Comprehensive assessment" means the process
19 which is used to determine eligibility for developmental
20 services under this chapter and develop the family or
21 individual support plan. The term includes review and
22 evaluation of information provided by the applicant, the
23 individual receiving supports or services through
24 developmental services, or the family, and others providing
25 supports or services to the individual or family, as well as
26 the use of formal assessment instruments.
27 (7)(8) "Comprehensive transitional education program"
28 means a group of jointly operating centers or units, the
29 collective purpose of which is to provide a sequential series
30 of educational care, training, treatment, habilitation, and
31 rehabilitation services to persons who have developmental
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1 disabilities, as defined in subsection (12), and who have
2 severe or moderate maladaptive behaviors. However, nothing in
3 this subsection shall require such comprehensive transitional
4 education programs to provide services only to persons with
5 developmental disabilities, as defined in subsection (12). All
6 such services shall be temporary in nature and delivered in a
7 structured residential setting with the primary goal of
8 incorporating the normalization principle to establish
9 permanent residence for persons with maladaptive behaviors in
10 facilities not associated with the comprehensive transitional
11 education program. The staff shall include psychologists and
12 teachers who, and such staff personnel shall be available to
13 provide services in each component center or unit of the
14 program. The psychologists shall be individuals who are
15 licensed in this state and certified as behavior analysts in
16 this state, or individuals who meet the professional
17 requirements established by the department for district
18 behavior analysts and are certified as behavior analysts
19 pursuant to s. 393.17 in this state.
20 (a) Comprehensive transitional education programs
21 shall include a minimum of two component centers or units, as
22 defined in this paragraph, one of which shall be either an
23 intensive treatment and educational center or a transitional
24 training and educational center, which provide services to
25 persons with maladaptive behaviors in the following sequential
26 order:
27 1. Intensive treatment and educational center. This
28 component is a self-contained residential unit providing
29 intensive psychological and educational programming for
30 persons with severe maladaptive behaviors, whose behaviors
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1 preclude placement in a less restrictive environment due to
2 the threat of danger or injury to themselves or others.
3 2. Transitional training and educational center. This
4 component is a residential unit for persons with moderate
5 maladaptive behaviors, providing concentrated psychological
6 and educational programming emphasizing a transition toward a
7 less restrictive environment.
8 3. Community transition residence. This component is
9 a residential center providing educational programs and such
10 support services, training, and care as are needed to assist
11 persons with maladaptive behaviors to avoid regression to more
12 restrictive environments while preparing them for more
13 independent living. Continuous-shift staff shall be required
14 for this component.
15 4. Alternative living center. This component is a
16 residential unit providing an educational and family living
17 environment for persons with maladaptive behaviors, in a
18 moderately unrestricted setting. Residential staff shall be
19 required for this component.
20 5. Independent living education center. This
21 component is a facility providing a family living environment
22 for persons with maladaptive behaviors, in a largely
23 unrestricted setting which includes education and monitoring
24 appropriate to support the development of independent living
25 skills by the students.
26 (b) Centers or units that are components of a
27 comprehensive transitional education program are subject to
28 the license issued to the comprehensive transitional education
29 program and may be located on either single or multiple sites.
30 (c) Comprehensive transitional education programs
31 shall develop individual education plans for each person with
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1 maladaptive behaviors who receives services therein. Such
2 individual education plans shall be developed in accordance
3 with the criteria specified included in Pub. L. No. 94-142, 20
4 U.S.C. ss. 401 et seq., and 34 C.F.R. part 300.
5 (d) In no instance shall the total number of persons
6 with maladaptive behaviors being provided services in a
7 comprehensive transitional education program exceed 120.
8 (e) This subsection shall authorize licensure for
9 comprehensive transitional education programs which by July 1,
10 1989:
11 1. Are in actual operation; or
12 2. Own a fee simple interest in real property for
13 which a county or city government has approved zoning allowing
14 for the placement of the facilities described in this
15 subsection, and have registered an intent with the department
16 to operate a comprehensive transitional education program.
17 However, nothing shall prohibit the assignment by such a
18 registrant to another entity at a different site within the
19 state, so long as there is compliance with all criteria of the
20 comprehensive transitional education program and local zoning
21 requirements and provided that each residential facility
22 within the component centers or units of the program
23 authorized under this subparagraph shall not exceed a capacity
24 of 15 persons.
25 (9) "Day service" means the care, protection, and
26 supervision of a client for a period of less than 24 hours a
27 day on a regular basis which supplements for the client, in
28 accordance with his or her individual needs, daily care,
29 enrichment opportunities, and health supervision.
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1 (8)(10) "Day habilitation facility" means any
2 nonresidential facility which provides day habilitation
3 services.
4 (9) "Day habilitation service" means assistance with
5 the acquisition, retention, or improvement in self-help,
6 socialization, and adaptive skills which takes place in a
7 nonresidential setting, separate from the home or facility in
8 which the individual resides. Day habilitation services shall
9 focus on enabling the individual to attain or maintain his or
10 her maximum functional level and shall be coordinated with any
11 physical, occupational, or speech therapies listed in the plan
12 of care.
13 (11) "Department" means the Department of Children and
14 Family Services.
15 (10)(12) "Developmental disability" means a disorder
16 or syndrome that is attributable to retardation, cerebral
17 palsy, autism, spina bifida, or Prader-Willi syndrome and that
18 constitutes a substantial handicap that can reasonably be
19 expected to continue indefinitely.
20 (11)(13) "Developmental disabilities services
21 institution" means a state-owned and state-operated facility,
22 formerly known as a "Sunland Center," providing for the care,
23 habilitation, and rehabilitation of clients with developmental
24 disabilities.
25 (14) "Developmental training facility" means any
26 nonresidential facility which provides basic training and
27 habilitation to clients.
28 (12)(15) "Direct service provider," also known as
29 "caregiver" in chapters 39 and 415 or "caretaker" in
30 provisions relating to employment security checks, means a
31 person 18 years of age or older who has direct contact with
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1 individuals with developmental disabilities, or has access to
2 a client's living areas or to a client's funds or personal
3 property, and is not a relative of such unrelated to the
4 individuals with developmental disabilities.
5 (a) The term "direct service provider" also includes
6 any person, including members of the direct service provider's
7 family, over 12 years of age who resides with the direct
8 service provider when:
9 1. The direct service provider provides supports or
10 services in his or her residence;
11 2. The direct service provider provides supports or
12 services in a facility adjacent to his or her residence; or
13 3. The person residing with the direct service
14 provider has direct contact with the individual with
15 developmental disabilities during the hours of provision of
16 supports or services.
17 (b) Persons residing with the direct service provider,
18 including family members, who are between the ages of 12 years
19 and 18 years are not required to be fingerprinted, but shall
20 be screened for delinquency records.
21 (c) A volunteer who assists on an intermittent basis
22 for less than 40 hours per month is not a direct service
23 provider for the purposes of screening if the volunteer is
24 under the direct and constant supervision of persons who meet
25 the personnel requirements of s. 393.0655.
26 (d) A physician, nurse, or other professional licensed
27 and regulated by the Department of Business and Professional
28 Regulation is not a direct service provider for the purposes
29 of screening if the service he or she is providing to a client
30 is within the scope of practice for which he or she is
31 licensed.
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1 (e) A person selected by the family or the individual
2 with developmental disabilities and paid by the family or the
3 individual to provide supports or services is not a direct
4 service provider for the purpose of screening.
5 (16) "District" means a service district of the
6 department.
7 (13)(17) "Domicile" means the place where a client
8 legally resides, which place is his or her permanent home.
9 Domicile may be established as provided in s. 222.17.
10 Domicile may not be established in Florida by a minor who has
11 no parent domiciled in Florida, or by a minor who has no legal
12 guardian domiciled in Florida, or by any alien not classified
13 as a resident alien.
14 (14)(18) "Enclave" means a work station in public or
15 private business or industry where a small group of persons
16 with developmental disabilities is employed and receives
17 training and support services or follow-along services among
18 nonhandicapped workers.
19 (15)(19) "Epilepsy" means a chronic brain disorder of
20 various causes which is characterized by recurrent seizures
21 due to excessive discharge of cerebral neurons. When found
22 concurrently with retardation, autism, or cerebral palsy,
23 epilepsy is considered a secondary disability for which the
24 client is eligible to receive services to ameliorate this
25 condition pursuant according to the provisions of this
26 chapter.
27 (16)(20) "Express and informed consent" means consent
28 voluntarily given in writing with sufficient knowledge and
29 comprehension of the subject matter involved to enable the
30 person giving consent to make an understanding and enlightened
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1 decision without any element of force, fraud, deceit, duress,
2 or other form of constraint or coercion.
3 (17)(21) "Family care program" means the program
4 established in s. 393.068 an alternative to residential
5 placement, in which a direct service provider provides a home
6 for a client and assists him or her to the extent necessary
7 for the client to participate in normal activities and to meet
8 the demands of daily living. The program provides the support
9 needed by the client's family or caretaker to meet the
10 individual needs of the client.
11 (18)(22) "Follow-along services" means those support
12 services which shall be provided to persons with developmental
13 disabilities in all supported employment programs and may
14 include, but are not limited to, family support, assistance in
15 meeting transportation and medical needs, employer
16 intervention, performance evaluation, advocacy, replacement,
17 retraining or promotional assistance, or other similar support
18 services.
19 (19)(23) "Foster care facility" means a residential
20 facility which provides a family living environment including
21 supervision and care necessary to meet the physical,
22 emotional, and social needs of its residents. The capacity of
23 such a facility shall not be more than three residents.
24 (20)(24) "Group home facility" means a residential
25 facility which provides a family living environment including
26 supervision and care necessary to meet the physical,
27 emotional, and social needs of its residents. The capacity of
28 such a facility shall be at least 4 residents but not more
29 than 15 residents. For the purposes of this chapter, group
30 home facilities shall not be considered commercial
31 enterprises.
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1 (21)(25) "Guardian advocate" means a person appointed
2 by the circuit court to represent a person with developmental
3 disabilities in any proceedings brought pursuant to s. 393.12,
4 and excludes the use of the same term as applied to a guardian
5 advocate for mentally ill persons in chapter 394.
6 (22)(26) "Habilitation" means the process by which a
7 client is assisted to acquire and maintain those life skills
8 which enable the client to cope more effectively with the
9 demands of his or her condition and environment and to raise
10 the level of his or her physical, mental, and social
11 efficiency. It includes, but is not limited to, programs of
12 formal structured education and treatment.
13 (23)(27) "High-risk child" means, for the purposes of
14 this chapter, a child from birth to 5 years of age with one or
15 more of the following characteristics:
16 (a) A developmental delay in cognition, language, or
17 physical development.
18 (b) A child surviving a catastrophic infectious or
19 traumatic illness known to be associated with developmental
20 delay, when funds are specifically appropriated.
21 (c) A child with a parent or guardian with
22 developmental disabilities who is developmentally disabled and
23 who requires assistance in meeting the child's developmental
24 needs.
25 (d) A child who has a physical or genetic anomaly
26 associated with developmental disability.
27 (24)(28) "Intermediate care facility for the
28 developmentally disabled" or "ICF/DD" means a residential
29 facility licensed and certified pursuant to part XI of chapter
30 400 in accordance with state law, and certified by the Federal
31 Government pursuant to the Social Security Act, as a provider
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1 of Medicaid services to persons who are developmentally
2 disabled. The capacity of such a facility shall not be more
3 than 120 clients.
4 (25)(29) "Job coach" means a person who provides
5 employment-related training at a work site to individuals with
6 developmental disabilities.
7 (26)(30) "Medical/dental services" means medically
8 necessary those services which are provided or ordered for a
9 client by a person licensed physician or dentist and includes
10 pursuant to the provisions of chapter 458, chapter 459, or
11 chapter 466. Such services may include, but are not limited
12 to, prescription drugs, specialized therapies, nursing
13 supervision, hospitalization, dietary services, prosthetic
14 devices, surgery, specialized equipment and supplies, adaptive
15 equipment, and other services as required to prevent or
16 alleviate a medical or dental condition.
17 (27)(31) "Mobile work crew" means a group of workers
18 employed by an agency that provides services outside the
19 agency, usually under service contracts.
20 (28)(32) "Normalization principle" means the principle
21 of letting the client obtain an existence as close to the
22 normal as possible, making available to the client patterns
23 and conditions of everyday life which are as close as possible
24 to the norm and patterns of the mainstream of society.
25 (29)(33) "Personal services" include, but are not
26 limited to, such services as: individual assistance with or
27 supervision of essential activities of daily living for
28 self-care, including ambulation, bathing, dressing, eating,
29 grooming, and toileting, and other similar services that which
30 the agency department may define by rule. "Personal services"
31 shall not be construed to mean the provision of medical,
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1 nursing, dental, or mental health services by the staff of a
2 facility, except as provided in this chapter. In addition, an
3 emergency response device installed in the apartment or living
4 area of a resident shall not be classified as a personal
5 service.
6 (30)(34) "Prader-Willi syndrome" means an inherited
7 condition typified by neonatal hypotonia with failure to
8 thrive, hyperphagia or an excessive drive to eat which leads
9 to obesity usually at 18 to 36 months of age, mild to moderate
10 retardation, hypogonadism, short stature, mild facial
11 dysmorphism, and a characteristic neurobehavior.
12 (31)(35) "Reassessment" means a process which
13 periodically develops, through annual review and revision of a
14 client's family or individual support plan, a knowledgeable
15 statement of current needs and past development for each
16 client.
17 (36) "Rehabilitation workshop facility" means a place
18 operated by a for-profit or nonprofit agency engaged in the
19 manufacture or production of products or provision of
20 services, which provides gainful rehabilitation to severely
21 handicapped persons until such persons can become employed or
22 which provides gainful work to persons who are developmentally
23 disabled.
24 (32)(37) "Relative" means an individual who is
25 connected by affinity or consanguinity to the client and who
26 is 18 years of age or more.
27 (33)(38) "Resident" means any person who is
28 developmentally disabled residing at a residential facility in
29 the state, whether or not such person is a client of the
30 agency department.
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1 (34)(39) "Residential facility" means a facility
2 providing room and board and personal care for persons with
3 developmental disabilities.
4 (35) "Residential habilitation" means assistance
5 provided in a residential habitation center with acquisition,
6 retention, or improvement in skills related to activities of
7 daily living, such as personal grooming and cleanliness,
8 bedmaking and household chores, eating and the preparation of
9 food, and the social and adaptive skills necessary to enable
10 the individual to reside in a noninstitutional setting.
11 (36)(40) "Residential habilitation center" means a
12 community residential facility that provides residential
13 habilitation. operated primarily for the diagnosis, treatment,
14 habilitation, or rehabilitation of its residents, which
15 facility provides, in a structured residential setting,
16 individualized continuing evaluation, planning, 24-hour
17 supervision, and coordination and integration of health or
18 rehabilitative services to help each resident reach his or her
19 maximum functioning capabilities. The capacity of such a
20 facility shall not be fewer less than nine residents. After
21 October 1, 1989, no new residential habilitation centers shall
22 be licensed and the licensed capacity shall not be increased
23 for any existing residential habilitation center.
24 (37)(41) "Respite service" means appropriate,
25 short-term, temporary care that is provided to a person with
26 developmental disabilities to meet the planned or emergency
27 needs of the person with developmental disabilities or the
28 family or other direct service provider.
29 (38)(42) "Retardation" means significantly subaverage
30 general intellectual functioning existing concurrently with
31 deficits in adaptive behavior and manifested during the period
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1 from conception to age 18. "Significantly subaverage general
2 intellectual functioning," for the purpose of this definition,
3 means performance which is two or more standard deviations
4 from the mean score on a standardized intelligence test
5 specified in the rules of the agency department. "Adaptive
6 behavior," for the purpose of this definition, means the
7 effectiveness or degree with which an individual meets the
8 standards of personal independence and social responsibility
9 expected of his or her age, cultural group, and community.
10 (43) "Screening," for purposes of employment,
11 contracting, or certification, means the act of assessing the
12 background of direct service providers and independent support
13 coordinators, who are not related to clients for whom they
14 provide services, and includes, but is not limited to,
15 employment history checks, local criminal records checks
16 through local law enforcement agencies, fingerprinting for all
17 purposes and checks in this subsection, statewide criminal
18 records checks through the Department of Law Enforcement, and
19 federal criminal records checks through the Federal Bureau of
20 Investigation; except that screening for volunteers included
21 under the definition of personnel includes only local criminal
22 records checks through local law enforcement agencies for
23 current residence and residence immediately prior to
24 employment as a volunteer, if different; and statewide
25 criminal records correspondence checks through the Department
26 of Law Enforcement.
27 (39)(44) "Severe self-injurious behavior" means any
28 chronic behavior that results in injury to the person's own
29 body, which includes, but is not limited to, self-hitting,
30 head banging, self-biting, scratching, and the ingestion of
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1 harmful or potentially harmful nutritive or nonnutritive
2 substances.
3 (40)(45) "Specialized therapies" means those
4 treatments or activities prescribed by and provided by an
5 appropriately trained, licensed, or certified professional or
6 staff person and may include, but are not limited to, physical
7 therapy, speech therapy, respiratory therapy, occupational
8 therapy, behavior therapy, physical management services, and
9 related specialized equipment and supplies.
10 (41)(46) "Spina bifida" means, for purposes of this
11 chapter, a person with a medical diagnosis of spina bifida
12 cystica or myelomeningocele.
13 (42)(47) "Support coordinator" means a person who is
14 designated by the agency department to assist individuals and
15 families in identifying their desires, capacities, needs, and
16 resources, as well as finding and gaining access to necessary
17 supports and services; coordinating the delivery of supports
18 and services; advocating on behalf of the individual and
19 family; maintaining relevant records; and monitoring and
20 evaluating the delivery of supports and services to determine
21 the extent to which they meet the needs and expectations
22 identified by the individual, family, and others who
23 participated in the development of the support plan.
24 (43)(48) "Supported employee" means a person whose
25 developmental disability has traditionally kept him or her
26 from integrated, community-based employment and who requires
27 and receives supported employment ongoing support or
28 follow-along services in order to maintain community-based
29 employment.
30 (44)(49) "Supported employment" means employment
31 located or provided in a normal employment setting which
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1 provides at least 20 hours employment per week in an
2 integrated work setting, with earnings paid on a commensurate
3 wage basis, and for which continued support is or follow-along
4 services are needed for continuing job maintenance.
5 (45)(50) "Supported living" means a category of
6 individually determined services designed and coordinated in
7 such a manner as to provide assistance to adult clients who
8 require ongoing supports to live as independently as possible
9 in their own homes, to be integrated into the community, and
10 to participate in community life to the fullest extent
11 possible.
12 (46)(51) "Training" means a planned approach to
13 assisting a client to attain or maintain his or her maximum
14 potential and includes services ranging from sensory
15 stimulation to instruction in skills for independent living
16 and employment.
17 (47)(52) "Treatment" means the prevention,
18 amelioration, or cure of a client's physical and mental
19 disabilities or illnesses.
20 Section 4. Subsections (1), (3), (4), and (5) of
21 section 393.064, Florida Statutes, are amended to read:
22 393.064 Prevention.--
23 (1) The agency Department of Children and Family
24 Services shall give priority to the development, planning, and
25 implementation of programs which have the potential to
26 prevent, correct, cure, or reduce the severity of
27 developmental disabilities. The agency department shall
28 direct an interagency interdepartmental and interprogram
29 effort for the continued development of a prevention plan and
30 program. The agency department shall identify, through
31 demonstration projects, through departmental program
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1 evaluation, and through monitoring of programs and projects
2 conducted outside of the agency department, any medical,
3 social, economic, or educational methods, techniques, or
4 procedures that which have the potential to effectively
5 ameliorate, correct, or cure developmental disabilities. The
6 program department shall determine the costs and benefits that
7 would be associated with such prevention efforts and shall
8 implement, or recommend the implementation of, those methods,
9 techniques, or procedures which are found likely to be
10 cost-beneficial. The department in its legislative budget
11 request shall identify funding needs for such prevention
12 programs.
13 (3) Other agencies of state government shall cooperate
14 with and assist the agency department, within available
15 resources, in implementing programs which have the potential
16 to prevent, or reduce the severity of, developmental
17 disabilities and shall consider the findings and
18 recommendations of the agency department in developing and
19 implementing agency programs and formulating agency budget
20 requests.
21 (4) There is created at the developmental services
22 institution in Gainesville a research and education unit.
23 Such unit shall be named the Raymond C. Philips Research and
24 Education Unit. The functions of such unit shall include:
25 (a) Research into the etiology of developmental
26 disabilities.
27 (b) Ensuring that new knowledge is rapidly
28 disseminated throughout the developmental services program of
29 the agency Department of Children and Family Services.
30
31
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1 (c) Diagnosis of unusual conditions and syndromes
2 associated with developmental disabilities in clients
3 identified throughout the developmental services programs.
4 (d) Evaluation of families of clients with
5 developmental disabilities of genetic origin in order to
6 provide them with genetic counseling aimed at preventing the
7 recurrence of the disorder in other family members.
8 (e) Ensuring that health professionals in the
9 developmental services institution at Gainesville have access
10 to information systems that will allow them to remain updated
11 on newer knowledge and maintain their postgraduate education
12 standards.
13 (f) Enhancing staff training for professionals
14 throughout the agency department in the areas of genetics and
15 developmental disabilities.
16 (5) The agency Department of Children and Family
17 Services shall have the authority, within available resources,
18 to contract for the supervision and management of the Raymond
19 C. Philips Research and Education Unit, and such contract
20 shall include specific program objectives.
21 Section 5. Section 393.0655, Florida Statutes, is
22 amended to read:
23 393.0655 Screening of direct service providers.--
24 (1) MINIMUM STANDARDS.--The agency department shall
25 require level 2 employment screening pursuant to chapter 435,
26 using the level 2 standards for screening set forth in that
27 chapter, for direct service providers who are unrelated to
28 their clients, including support coordinators, and managers
29 and supervisors of residential facilities or comprehensive
30 transitional education programs licensed under s. 393.967 and
31 any other person, including volunteers, who provide care or
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1 services, who have access to a client's living areas, or who
2 have access to a client's funds or personal property.
3 Background screening shall include employment history checks
4 as provided in s. 435.03(1) and local criminal records checks
5 through local law enforcement agencies.
6 (a) A volunteer who assists on an intermittent basis
7 for less than 40 hours per month does not have to be screened,
8 if the volunteer is under the direct and constant supervision
9 of persons who meet the screening requirements of this
10 section.
11 (b) Licensed physicians, nurses, or other
12 professionals licensed and regulated by the Department of
13 Health are not subject to background screening pursuant to
14 this section if they are providing a service that is within
15 their scope of licensed practice.
16 (c) A person selected by the family or the individual
17 with developmental disabilities and paid by the family or the
18 individual to provide supports or services is not required to
19 have a background screening under this section.
20 (d) Persons residing with the direct services
21 provider, including family members, are subject to background
22 screening; however, such persons who are 12 to 18 years of age
23 shall be screened for delinquency records only.
24 (2) EXEMPTIONS FROM DISQUALIFICATION.--The agency
25 department may grant exemptions from disqualification from
26 working with children or adults with developmental
27 disabilities the developmentally disabled as provided in s.
28 435.07.
29 (3) PAYMENT FOR PROCESSING OF FINGERPRINTS AND STATE
30 CRIMINAL RECORDS CHECKS.--The costs of processing fingerprints
31 and the state criminal records checks shall be borne by the
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1 employer or by the employee or individual who is being
2 screened.
3 (4) EXCLUSION FROM OWNING, OPERATING, OR BEING
4 EMPLOYED BY A DIRECT SERVICE PROVIDER RESIDENTIAL FACILITY;
5 HEARINGS PROVIDED.--
6 (a) The agency department shall deny, suspend,
7 terminate, or revoke a license, certification, rate agreement,
8 purchase order, or contract, or pursue other remedies provided
9 in s. 393.0673, s. 393.0675, or s. 393.0678 in addition to or
10 in lieu of denial, suspension, termination, or revocation for
11 failure to comply with this section.
12 (b) When the agency department has reasonable cause to
13 believe that grounds for denial or termination of employment
14 exist, it shall notify, in writing, the employer and the
15 direct service provider affected, stating the specific record
16 which indicates noncompliance with the standards in this
17 section.
18 (c) The procedures established for hearing under
19 chapter 120 shall be available to the employer and the direct
20 service provider in order to present evidence relating either
21 to the accuracy of the basis of exclusion or to the denial of
22 an exemption from disqualification.
23 (d) Refusal on the part of an employer to dismiss a
24 direct service provider who has been found to be in
25 noncompliance with standards of this section shall result in
26 automatic denial, termination, or revocation of the license,
27 certification, rate agreement, purchase order, or contract, in
28 addition to any other remedies pursued by the agency
29 department.
30 Section 6. Section 393.066, Florida Statutes, is
31 amended to read:
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1 393.066 Community services and treatment for persons
2 who are developmentally disabled.--
3 (1) The agency Department of Children and Family
4 Services shall plan, develop, organize, and implement its
5 programs of services and treatment for persons who are
6 developmentally disabled along district lines. The goal of
7 such programs shall be to allow clients to live as
8 independently as possible in their own homes or communities
9 and to achieve productive lives as close to normal as
10 possible.
11 (2) All programs of services and treatment for clients
12 shall be administered through the districts and shall serve
13 all clients regardless of the type of residential setting in
14 which the client lives. All elements of community-based
15 services shall be made available, in each service district and
16 eligibility for these services shall be consistent across the
17 state districts. In addition, all purchased services shall be
18 approved by the agency district.
19 (2)(3) All services needed shall be purchased instead
20 of provided directly by the agency department, when such
21 arrangement is more cost-efficient than having those services
22 provided directly by the department.
23 (3)(4) Community-based services that are medically
24 necessary to prevent institutionalization shall, to the extent
25 of available resources, include:
26 (a) Day habilitation services, including developmental
27 training services.
28 (b) Family care services.
29 (c) Guardian advocate referral services.
30
31
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1 (d) Medical/dental services, except that medical
2 services shall not be provided to clients with spina bifida
3 except as specifically appropriated by the Legislature.
4 (e) Parent training.
5 (f) Recreation.
6 (g) Residential services.
7 (h) Respite services.
8 (i) Social services.
9 (j) Specialized therapies.
10 (k) Supported employment, including enclave, job
11 coach, mobile work crew, and follow-along services.
12 (l) Supported living.
13 (m) Training, including behavioral programming.
14 (n) Transportation.
15 (o) Other habilitative and rehabilitative services as
16 needed.
17
18 Services to clients with spina bifida shall not include
19 medical services except as appropriated by the Legislature.
20 (5) Provided it is consistent with the intent of the
21 Legislature, the department shall prioritize increased
22 appropriations provided for community-based services for
23 developmentally disabled individuals toward individualized,
24 community-based supports and services for consumers and their
25 families. Further, the department's 5-year plan for
26 Developmental Services shall reflect a priority toward
27 individualized, community-based supports and services for
28 consumers and their families.
29 (4)(6) The agency department shall utilize the
30 services of private businesses, not-for-profit organizations,
31 and units of local government whenever such services are more
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1 cost-efficient than such services provided directly by the
2 department, including arrangements for provision of
3 residential facilities.
4 (5)(7) In order to improve the potential for
5 utilization of more cost-effective, community-based
6 residential facilities, the agency department shall promote
7 the statewide development of day habilitation services for
8 clients who live with a direct service provider in a
9 community-based residential facility and who do not require
10 24-hour-a-day care in a hospital or other health care
11 institution, but who may, in the absence of day habilitation
12 services, require admission to a developmental disabilities
13 services institution. Each day service facility shall provide
14 a protective physical environment for clients, ensure that
15 direct service providers meet the minimum screening standards
16 for good moral character as required contained in s. 393.0655,
17 make available to all day habilitation service participants at
18 least one meal on each day of operation, provide facilities to
19 enable participants to obtain needed rest while attending the
20 program, as appropriate, and provide social and educational
21 activities designed to stimulate interest and provide
22 socialization skills.
23 (6) To promote independence and productivity, the
24 agency shall provide supports and services, within available
25 resources, to assist clients enrolled in Medicaid waivers who
26 choose to pursue gainful employment.
27 (7)(8) For the purpose of making needed
28 community-based residential facilities available at the least
29 possible cost to the state, the agency department is
30 authorized to lease privately owned residential facilities
31 under long-term rental agreements, if such rental agreements
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1 are projected to be less costly to the state over the useful
2 life of the facility than state purchase or state construction
3 of such a facility. In addition, the department is authorized
4 to permit, on any public land to which the department holds
5 the lease, construction of a residential facility for which
6 the department has entered into a long-term rental agreement
7 as specified in this subsection.
8 (8)(9) The agency department may adopt rules to ensure
9 compliance with federal laws or regulations that apply to
10 services provided pursuant to this section.
11 Section 7. Section 393.0661, Florida Statutes, is
12 amended to read:
13 393.0661 Home and community-based services delivery
14 system; comprehensive redesign.--The Legislature finds that
15 the home and community-based services delivery system for
16 persons with developmental disabilities and the availability
17 of appropriated funds are two of the critical elements in
18 making services available. Therefore, it is the intent of the
19 Legislature that the Agency for Persons with Disabilities
20 Department of Children and Family Services shall develop and
21 implement a comprehensive redesign of the system. The redesign
22 of the home and community-based services system shall include,
23 at a minimum, all actions necessary to achieve an appropriate
24 rate structure, client choice within a specified service
25 package, appropriate assessment strategies, an efficient
26 billing process that contains reconciliation and monitoring
27 components, a redefined role for support coordinators that
28 avoids potential conflicts of interest, and family/client
29 budgets linked to levels of need. Prior to the release of
30 funds in the lump-sum appropriation, the department shall
31 present a plan to the Executive Office of the Governor, the
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1 House Fiscal Responsibility Council, and the Senate
2 Appropriations Committee. The plan must result in a full
3 implementation of the redesigned system no later than July 1,
4 2003. At a minimum, the plan must provide that the portions
5 related to direct provider enrollment and billing will be
6 operational no later than March 31, 2003. The plan must
7 further provide that a more effective needs assessment
8 instrument will be deployed by January 1, 2003, and that all
9 clients will be assessed with this device by June 30, 2003.
10 (1) In no event may The agency shall use department
11 select an assessment instrument without appropriate evidence
12 that is it will be reliable and valid for identifying the
13 support needs of individuals. Once such evidence has been
14 obtained, however, The agency may contract with department
15 shall determine the feasibility of contracting with an
16 external vendor to apply the new assessment device to all
17 clients receiving services through the Medicaid waiver. In
18 lieu of using an external vendor or, the department may use
19 support coordinators to complete client for the assessments if
20 it develops sufficient safeguards and training to ensure
21 ongoing significantly improve the inter-rater reliability of
22 the support coordinators administering the assessment.
23 (2) The agency, with the concurrence of the Agency for
24 Health Care Administration, may contract for the determination
25 of medical necessity and establishment of individual budgets.
26 Section 8. Section 393.068, Florida Statutes, is
27 amended to read:
28 393.068 Family care program.--
29 (1) The family care program is established for the
30 purpose of providing services and support to families and
31 individuals with developmental disabilities in order to
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1 maintain the individual in the home environment and avoid
2 costly out-of-home residential placement. The Legislature
3 recognizes the importance of family support in the long-range
4 success of deinstitutionalization. Services and support
5 available to families and individuals with developmental
6 disabilities shall emphasize community living and enable
7 individuals with developmental disabilities to enjoy typical
8 lifestyles. Support and flexibility in coordinating support
9 and services are core elements in caring for the individual
10 who is developmentally disabled. One way to accomplish this is
11 to recognize that families are the greatest resource available
12 to individuals who have developmental disabilities and that
13 families must be supported in their role as primary care
14 givers.
15 (2) Services and support authorized under this program
16 shall, to the extent of available resources, include the
17 services listed under s. 393.066 s. 393.066(4) and, in
18 addition, shall include, but not be limited to:
19 (a) Attendant care.
20 (b) Barrier-free modifications to the home.
21 (c) Home visitation by agency workers.
22 (d) In-home subsidies.
23 (e) Low-interest loans.
24 (f) Parent training.
25 (g) Respite care.
26 (f)(h) Modifications for vehicles used to transport
27 the individual with a developmental disability.
28 (g)(i) Facilitated communication.
29 (h)(j) Family counseling.
30 (i)(k) Equipment and supplies.
31 (j)(l) Self-advocacy training.
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1 (k)(m) Roommate services.
2 (l)(n) Integrated community activities.
3 (m)(o) Emergency services.
4 (n)(p) Support coordination.
5 (o) Supported employment.
6 (p)(q) Other support services as identified by the
7 family or individual.
8 (2) Provided it is consistent with the intent of the
9 Legislature, the department shall prioritize increased
10 appropriations provided for family-based services for
11 developmentally disabled individuals toward individualized,
12 family-based supports and services for consumers and their
13 families. Further, the department's 5-year plan for
14 developmental services shall reflect a priority toward
15 individualized, family-based supports and services for
16 consumers and their families.
17 (3) When it is determined by the agency department to
18 be more cost-effective and in the best interest of the client
19 to maintain such client in the home of a direct service
20 provider, the parent or guardian of the client or, if
21 competent, the client may enroll the client in the family care
22 program. The direct service provider of a client enrolled in
23 the family care program shall be reimbursed according to a
24 rate schedule set by the agency department. In-home subsidies
25 cited in paragraph (1)(d) shall be provided according to s.
26 393.0695 and are not subject to any other payment method or
27 rate schedule provided for in this section.
28 (4) All existing community resources available to the
29 client shall be utilized to support program objectives.
30 Additional services may be incorporated into the program as
31 appropriate and to the extent that resources are available.
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1 The agency department is authorized to accept gifts and grants
2 in order to carry out the program.
3 (5) The agency department may contract for the
4 provision of any portion of the services required by the
5 program, except for in-home subsidies cited in paragraph
6 (2)(d) (1)(d), which shall be provided pursuant to s.
7 393.0695. Otherwise, purchase of service contracts shall be
8 used whenever the services so provided are more cost-efficient
9 than those provided by the agency department.
10 (6) When possible, services shall be obtained under
11 the "Florida Comprehensive Annual Services Program Plan under
12 Title XX of the Social Security Act" and the "Florida Plan for
13 Medical Assistance under Title XIX of the Social Security
14 Act."
15 (7) To provide a range of personal services for the
16 client, the use of volunteers shall be maximized. The agency
17 department shall assure appropriate insurance coverage to
18 protect volunteers from personal liability while acting within
19 the scope of their volunteer assignments under the program.
20 (8) The department shall submit to the President of
21 the Senate and the Speaker of the House of Representatives, as
22 part of the biennial plan required by s. 393.14, an evaluation
23 report summarizing the progress of the family care program.
24 The report shall include the information and data necessary
25 for an accurate analysis of the costs and benefits associated
26 with the establishment and operation of the programs that were
27 established.
28 Section 9. Subsections (1) and (3) of section
29 393.0695, Florida Statutes, are amended to read:
30 393.0695 Provision of in-home subsidies.--
31
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1 (1) The agency may pay department shall develop by
2 October 1, 1991, a plan for paying in-home subsidies to
3 clients enrolled in the family care program or supported
4 living when it is determined to be more cost-effective and in
5 the best interest of the client to provide a cash supplement
6 to the client's income to enable the client to remain in the
7 family home or the client's own home. Payments may be made to
8 the parent or guardian of the client or, if the client is
9 competent, directly to the client.
10 (3) In-home subsidies must be based on an individual
11 determination of need and must not exceed maximum amounts set
12 by the agency department and reassessed by the agency annually
13 department quarterly.
14 Section 10. Subsection (1), paragraph (a) of
15 subsection (2), paragraph (a) of subsection (4), paragraphs
16 (a), (d), and (h) of subsection (5), paragraph (a) of
17 subsection (6), paragraphs (d) and (e) of subsection (8), and
18 subsection (13) of section 393.11, Florida Statutes, are
19 amended to read:
20 393.11 Involuntary admission to residential
21 services.--
22 (1) JURISDICTION.--When a person is mentally retarded
23 and requires involuntary admission to residential services
24 provided by the agency developmental services program of the
25 Department of Children and Family Services, the circuit court
26 of the county in which the person resides shall have
27 jurisdiction to conduct a hearing and enter an order
28 involuntarily admitting the person in order that the person
29 may receive the care, treatment, habilitation, and
30 rehabilitation which the person needs. For the purpose of
31 identifying mental retardation, diagnostic capability shall be
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1 established by in every program function of the agency
2 department in the districts, including, but not limited to,
3 programs provided by children and families; delinquency
4 services; alcohol, drug abuse, and mental health; and economic
5 services, and by the Department of Labor and Employment
6 Security. Except as otherwise specified, the proceedings under
7 this section shall be governed by the Florida Rules of Civil
8 Procedure.
9 (2) PETITION.--
10 (a) A petition for involuntary admission to
11 residential services may be executed by a petitioning
12 commission. For proposed involuntary admission to residential
13 services arising out of chapter 916, the petition may be filed
14 by a petitioning commission, the agency department, the state
15 attorney of the circuit from which the defendant was
16 committed, or the defendant's attorney.
17 (4) DEVELOPMENTAL SERVICES PARTICIPATION.--
18 (a) Upon receiving the petition, the court shall
19 immediately order the developmental services program of the
20 agency department to examine the person being considered for
21 involuntary admission to residential services.
22 (5) EXAMINING COMMITTEE.--
23 (a) Upon receiving the petition, the court shall
24 immediately appoint an examining committee to examine the
25 person being considered for involuntary admission to
26 residential services of the developmental services program of
27 the agency department.
28 (d) Members of the committee shall not be employees of
29 the agency department or be associated with each other in
30 practice or in employer-employee relationships. Members of
31 the committee shall not have served as members of the
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1 petitioning commission. Members of the committee shall not be
2 employees of the members of the petitioning commission or be
3 associated in practice with members of the commission.
4 (h) The agency department shall develop and prescribe
5 by rule one or more standard forms to be used as a guide for
6 members of the examining committee.
7 (6) COUNSEL; GUARDIAN AD LITEM.--
8 (a) The person with mental retardation shall be
9 represented by counsel at all stages of the judicial
10 proceeding. In the event the person is indigent and cannot
11 afford counsel, the court shall appoint a public defender not
12 less than 20 working days before the scheduled hearing. The
13 person's counsel shall have full access to the records of the
14 service provider and the agency department. In all cases, the
15 attorney shall represent the rights and legal interests of the
16 person with mental retardation, regardless of who may initiate
17 the proceedings or pay the attorney's fee.
18 (8) ORDER.--
19 (d) If an order of involuntary admission to
20 residential services provided by the developmental services
21 program of the agency department is entered by the court, a
22 copy of the written order shall be served upon the person, the
23 person's counsel, the agency department, and the state
24 attorney and the person's defense counsel, if applicable. The
25 order of involuntary admission sent to the agency department
26 shall also be accompanied by a copy of the examining
27 committee's report and other reports contained in the court
28 file.
29 (e) Upon receiving the order, the agency department
30 shall, within 45 days, provide the court with a copy of the
31 person's family or individual support plan and copies of all
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1 examinations and evaluations, outlining the treatment and
2 rehabilitative programs. The agency department shall document
3 that the person has been placed in the most appropriate, least
4 restrictive and cost-beneficial residential facility. A copy
5 of the family or individual support plan and other
6 examinations and evaluations shall be served upon the person
7 and the person's counsel at the same time the documents are
8 filed with the court.
9 (13) HABEAS CORPUS.--At any time and without notice,
10 any person involuntarily admitted to the developmental
11 services program of the agency department, or the person's
12 parent or legal guardian in his or her behalf, is entitled to
13 a writ of habeas corpus to question the cause, legality, and
14 appropriateness of the person's involuntary admission. Each
15 person, or the person's parent or legal guardian, shall
16 receive specific written notice of the right to petition for a
17 writ of habeas corpus at the time of his or her involuntary
18 placement.
19 Section 11. Paragraphs (a), (b), and (d) of subsection
20 (2), subsection (3), paragraphs (b), (g), (i), and (j) of
21 subsection (4), and subsection (6) of section 393.13, Florida
22 Statutes, are amended to read:
23 393.13 Personal treatment of persons who are
24 developmentally disabled.--
25 (2) LEGISLATIVE INTENT.--
26 (a) The Legislature finds and declares that the system
27 of care provided which the state provides to individuals who
28 are developmentally disabled must be designed to meet the
29 needs of the clients as well as protect the integrity of their
30 legal and human rights. Further, the current system of care
31 for persons who are developmentally disabled is in need of
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1 substantial improvement in order to provide truly meaningful
2 treatment and habilitation.
3 (b) The Legislature further finds and declares that
4 the design and delivery of treatment and services to persons
5 who are developmentally disabled should be directed by the
6 principles of normalization and therefore should:
7 1. Abate the use of large institutions.
8 2. Continue the development of community-based
9 services which provide reasonable alternatives to
10 institutionalization in settings that are least restrictive to
11 the client.
12 3. Provide training and education to individuals who
13 are developmentally disabled which will maximize their
14 potential to lead independent and productive lives and which
15 will afford opportunities for outward mobility from
16 institutions.
17 4. Reduce the use of sheltered workshops and other
18 noncompetitive employment day activities and promote
19 opportunities for gainful employment for persons with
20 developmental disabilities who choose to seek such employment.
21 (d) It is the intent of the Legislature:
22 1. To articulate the existing legal and human rights
23 of persons who are developmentally disabled so that they may
24 be exercised and protected. Persons with developmental
25 disabilities shall have all the rights enjoyed by citizens of
26 the state and the United States.
27 2. To provide a mechanism for the identification,
28 evaluation, and treatment of persons with developmental
29 disabilities.
30 3. To divert those individuals from institutional
31 commitment who, by virtue of comprehensive assessment, can be
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1 placed in less costly, more effective community environments
2 and programs.
3 4. To develop a plan which will indicate the most
4 effective and efficient manner in which to implement treatment
5 programs which are meaningful to individuals with
6 developmental disabilities, while safeguarding and respecting
7 the legal and human rights of such individuals.
8 4.5. Once the plan developed under the provisions of
9 subparagraph 4. is presented to the Legislature, To fund
10 improvements in the program in accordance with the
11 availability of state resources and yearly priorities
12 determined by the Legislature.
13 5.6. To ensure that persons with developmental
14 disabilities receive treatment and habilitation which fosters
15 the developmental potential of the individual.
16 6.7. To provide programs for the proper habilitation
17 and treatment of persons with developmental disabilities which
18 shall include, but not be limited to, comprehensive
19 medical/dental care, education, recreation, specialized
20 therapies, training, social services, transportation,
21 guardianship, family care programs, day habilitation services,
22 and habilitative and rehabilitative services suited to the
23 needs of the individual regardless of age, degree of
24 disability, or handicapping condition. No person with
25 developmental disabilities shall be deprived of these
26 enumerated services by reason of inability to pay.
27 7.8. To fully effectuate the normalization principle
28 through the establishment of community services for persons
29 with developmental disabilities as a viable and practical
30 alternative to institutional care at each stage of individual
31
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1 life development. If care in a residential facility becomes
2 necessary, it shall be in the least restrictive setting.
3 (3) RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL
4 DISABILITIES.--The rights described in this subsection shall
5 apply to all persons with developmental disabilities, whether
6 or not such persons are clients of the agency department.
7 (a) Persons with developmental disabilities shall have
8 a right to dignity, privacy, and humane care, including the
9 right to be free from sexual abuse in residential facilities.
10 (b) Persons with developmental disabilities shall have
11 the right to religious freedom and practice. Nothing shall
12 restrict or infringe on a person's right to religious
13 preference and practice.
14 (c) Persons with developmental disabilities shall
15 receive services, within available sources, which protect the
16 personal liberty of the individual and which are provided in
17 the least restrictive conditions necessary to achieve the
18 purpose of treatment.
19 (d) Persons who are developmentally disabled shall
20 have a right to participate in an appropriate program of
21 quality education and training services, within available
22 resources, regardless of chronological age or degree of
23 disability. Such persons may be provided with instruction in
24 sex education, marriage, and family planning.
25 (e) Persons who are developmentally disabled shall
26 have a right to social interaction and to participate in
27 community activities.
28 (f) Persons who are developmentally disabled shall
29 have a right to physical exercise and recreational
30 opportunities.
31
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1 (g) Persons who are developmentally disabled shall
2 have a right to be free from harm, including unnecessary
3 physical, chemical, or mechanical restraint, isolation,
4 excessive medication, abuse, or neglect.
5 (h) Persons who are developmentally disabled shall
6 have a right to consent to or refuse treatment, subject to the
7 provisions of s. 393.12(2)(a) or chapter 744.
8 (i) No otherwise qualified person shall, by reason of
9 having a developmental disability, be excluded from
10 participation in, or be denied the benefits of, or be subject
11 to discrimination under, any program or activity which
12 receives public funds, and all prohibitions set forth under
13 any other statute shall be actionable under this statute.
14 (j) No otherwise qualified person shall, by reason of
15 having a developmental disability, be denied the right to vote
16 in public elections.
17 (4) CLIENT RIGHTS.--For purposes of this subsection,
18 the term "client," as defined in s. 393.063, shall also
19 include any person served in a facility licensed pursuant to
20 s. 393.067.
21 (b) Each client has the right to the possession and
22 use of his or her own clothing and personal effects, except in
23 those specific instances where the use of some of these items
24 as reinforcers is essential for training the client as part of
25 an appropriately approved behavioral program. The chief
26 administrator of the facility may take temporary custody of
27 such effects when it is essential to do so for medical or
28 safety reasons. Custody of such personal effects shall be
29 promptly recorded in the client's record, and a receipt for
30 such effects shall be immediately given to the client, if
31 competent, or the client's parent or legal guardian.
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1 1. All money belonging to a client held by the agency
2 department shall be held in compliance with s. 402.17(2).
3 2. All interest on money received and held for the
4 personal use and benefit of a client shall be the property of
5 that client and shall not accrue to the general welfare of all
6 clients or be used to defray the cost of residential care.
7 Interest so accrued shall be used or conserved for the
8 personal use or benefit of the individual client as provided
9 in s. 402.17(2).
10 3. Upon the discharge or death of a client, a final
11 accounting shall be made of all personal effects and money
12 belonging to the client held by the agency department. All
13 such personal effects and money, including interest, shall be
14 promptly turned over to the client or his or her heirs.
15 (g) No client shall be subjected to a treatment
16 program to eliminate bizarre or unusual behaviors without
17 first being examined by a physician who in his or her best
18 judgment determines that such behaviors are not organically
19 caused.
20 1. Treatment programs involving the use of noxious or
21 painful stimuli shall be prohibited.
22 2. All alleged violations of this paragraph shall be
23 reported immediately to the chief administrative officer of
24 the facility or the district administrator, the agency
25 department head, and the Florida local advocacy council. A
26 thorough investigation of each incident shall be conducted and
27 a written report of the finding and results of such
28 investigation shall be submitted to the chief administrative
29 officer of the facility or the district administrator and to
30 the agency department head within 24 hours of the occurrence
31 or discovery of the incident.
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1 3. The agency department shall adopt promulgate by
2 rule a system for the oversight of behavioral programs. Such
3 system shall establish guidelines and procedures governing the
4 design, approval, implementation, and monitoring of all
5 behavioral programs involving clients. The system shall
6 ensure statewide and local review by committees of
7 professionals certified as behavior analysts pursuant to s.
8 393.17. No behavioral program shall be implemented unless
9 reviewed according to the rules established by the agency
10 department under this section. Nothing stated in this section
11 shall prohibit the review of programs by the Florida statewide
12 or local advocacy councils.
13 (i) Clients shall have the right to be free from
14 unnecessary physical, chemical, or mechanical restraint.
15 Restraints shall be employed only in emergencies or to protect
16 the client from imminent injury to himself or herself or
17 others. Restraints shall not be employed as punishment, for
18 the convenience of staff, or as a substitute for a
19 habilitative plan. Restraints shall impose the least possible
20 restrictions consistent with their purpose and shall be
21 removed when the emergency ends. Restraints shall not cause
22 physical injury to the client and shall be designed to allow
23 the greatest possible comfort.
24 1. Mechanical supports used in normative situations to
25 achieve proper body position and balance shall not be
26 considered restraints, but shall be prescriptively designed
27 and applied under the supervision of a qualified professional
28 with concern for principles of good body alignment,
29 circulation, and allowance for change of position.
30 2. Totally enclosed cribs and barred enclosures shall
31 be considered restraints.
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1 3. Daily reports on the employment of physical,
2 chemical, or mechanical restraints by those specialists
3 authorized in the use of such restraints shall be made to the
4 appropriate chief administrator of the facility, and a monthly
5 summary of such reports shall be relayed to the district
6 administrator and the Florida local advocacy council. The
7 reports shall summarize all such cases of restraints, the type
8 used, the duration of usage, and the reasons therefor.
9 Districts shall submit districtwide quarterly reports of these
10 summaries to the state Developmental Disabilities Program
11 Office.
12 4. The agency department shall post a copy of the
13 rules adopted promulgated under this section in each living
14 unit of residential facilities. A copy of the rules adopted
15 promulgated under this section shall be given to all staff
16 members of licensed facilities and made a part of all
17 preservice and inservice training programs.
18 (j)1. Each client shall have a central record. The
19 record shall include data pertaining to admission and such
20 other information as may be required under rules of the agency
21 department.
22 2. Unless waived by the client, if competent, or the
23 client's parent or legal guardian if the client is
24 incompetent, the client's central record shall be confidential
25 and exempt from the provisions of s. 119.07(1), and no part of
26 it shall be released except:
27 a. The record may be released to physicians,
28 attorneys, and government agencies having need of the record
29 to aid the client, as designated by the client, if competent,
30 or the client's parent or legal guardian, if the client is
31 incompetent.
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1 b. The record shall be produced in response to a
2 subpoena or released to persons authorized by order of court,
3 excluding matters privileged by other provisions of law.
4 c. The record or any part thereof may be disclosed to
5 a qualified researcher, a staff member of the facility, or an
6 employee of the agency department when the administrator of
7 the facility or the director secretary of the agency
8 department deems it necessary for the treatment of the client,
9 maintenance of adequate records, compilation of treatment
10 data, or evaluation of programs.
11 d. Information from the records may be used for
12 statistical and research purposes if the information is
13 abstracted in such a way to protect the identity of
14 individuals.
15 3. All central records for each client in residential
16 facilities shall be kept on uniform forms distributed by the
17 agency department. The central record shall accurately
18 summarize each client's history and present condition.
19 4. The client, if competent, or the client's parent or
20 legal guardian if the client is incompetent, shall be supplied
21 with a copy of the client's central record upon request.
22 (6) NOTICE OF RIGHTS.--Each person with developmental
23 disabilities, if competent, or parent or legal guardian of
24 such person if the person is incompetent, shall promptly
25 receive from the agency Department of Children and Family
26 Services or the Department of Education a written copy of this
27 act. Each person with developmental disabilities able to
28 comprehend shall be promptly informed, in the language or
29 other mode of communication which such person understands, of
30 the above legal rights of persons with developmental
31 disabilities.
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1 Section 12. Section 393.17, Florida Statutes, is
2 amended to read:
3 393.17 Behavioral programs; certification of behavior
4 analysts; fees.--The agency may recognize the certification of
5 behavior analysts awarded by a nonprofit corporation whose
6 mission is to meet professional credentialing needs identified
7 by behavior analysts, state governments, and consumers of
8 behavior analysis services and whose work has the support of
9 the Association for Behavior Analysis International. The
10 department shall by rule implement a certification program to
11 ensure that qualified persons oversee the design and
12 implementation of behavioral programs for persons who are
13 developmentally disabled. Certification and recertification
14 minimum standards must comply with departmental rules and must
15 include, for initial certification, examination of
16 competencies in applying behavior analysis with persons who
17 are developmentally disabled within established competency
18 clusters. These competency clusters shall include, but not be
19 limited to, behavioral assessments, observation and recording,
20 behavioral program development and monitoring, and other areas
21 as determined by professional practitioners of behavior
22 analysis. Fees shall be charged for certification not to
23 exceed the cost of development and administration of the
24 examination and periodic renewal of certification. The
25 department shall establish by rule the procedures for
26 certification and certification renewal.
27 Section 13. Section 393.22, Florida Statutes, is
28 amended to read:
29 393.22 Transfer of appropriations; barriers to
30 services; Financial commitment to community services
31 programs.--
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1 (1) No funds appropriated for developmental services
2 programs shall be transferred pursuant to s. 216.292, unless
3 there is a finding by the secretary that treatment programs
4 for developmental disabilities will not be adversely affected
5 by the transfer.
6 (2) Development of programs for other disabilities
7 shall not effectuate a reduction or dilution of the ongoing
8 financial commitment of the state through appropriations for
9 programs and services for persons with mental retardation,
10 cerebral palsy, autism, or spina bifida.
11 (3) In order to The Department of Children and Family
12 Services and the Agency for Health Care Administration jointly
13 shall ensure that whenever a number of persons move from an
14 institution serving persons with developmental disabilities
15 which is sufficient to allow an entire residential unit within
16 that institution to be closed, no less than 80 percent of the
17 direct costs of providing services to persons who had resided
18 in that unit shall be reallocated for community services.
19 Section 14. Section 393.502, Florida Statutes, is
20 amended to read:
21 393.502 Family care councils.--
22 (1) CREATION.--There shall be established and located
23 within each service area of the agency district of the
24 department a district family care council.
25 (2) MEMBERSHIP.--
26 (a) Each local district family care council shall
27 consist of at least 10 and no more than 15 members recommended
28 by a majority vote of the local district family care council
29 and appointed by the Governor.
30 (b) At least three of the members of the council must
31 be consumers. One such member shall be a consumer who received
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1 developmental services within the 4 years prior to the date of
2 recommendation, or the legal guardian of such a consumer. The
3 remainder of the council members shall be parents, guardians,
4 or siblings of persons with developmental disabilities who
5 qualify for developmental services pursuant to this chapter.
6 (c) A person who is currently serving on another board
7 or council of the agency department may not be appointed to a
8 local district family care council.
9 (d) Employees of the agency department are not
10 eligible to serve on a local district family care council.
11 (e) Persons related by consanguinity or affinity
12 within the third degree shall not serve on the same local
13 district family care council at the same time.
14 (f) A chair for the council shall be chosen by the
15 council members to serve for 1 year. A person may serve no
16 more than four 1-year terms as chair.
17 (3) TERMS; VACANCIES.--
18 (a) Council members shall be appointed for a 3-year
19 term, except as provided in subsection (8), and may be
20 reappointed to one additional term.
21 (b) A member who has served two consecutive terms
22 shall not be eligible to serve again until 12 months have
23 elapsed since ending his or her service on the local district
24 council.
25 (c) Upon expiration of a term or in the case of any
26 other vacancy, the local district council shall, by majority
27 vote, recommend to the Governor for appointment a person for
28 each vacancy. If the Governor does not act on the council's
29 recommendations within 45 days after receiving them, the
30 persons recommended shall be considered to be appointed.
31
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1 (4) COMMITTEE APPOINTMENTS.--The chair of the local
2 district family care council may appoint persons to serve on
3 council committees. Such persons may include former members of
4 the council and persons not eligible to serve on the council.
5 (5) TRAINING.--
6 (a) The agency department, in consultation with the
7 local district councils, shall establish a training program
8 for local district family care council members. Each local
9 area district shall provide the training program when new
10 persons are appointed to the local district council and at
11 other times as the secretary deems necessary.
12 (b) The training shall assist the council members to
13 understand the laws, rules, and policies applicable to their
14 duties and responsibilities.
15 (c) All persons appointed to a local district council
16 must complete this training within 90 days after their
17 appointment. A person who fails to meet this requirement shall
18 be considered to have resigned from the council.
19 (6) MEETINGS.--Council members shall serve on a
20 voluntary basis without payment for their services but shall
21 be reimbursed for per diem and travel expenses as provided for
22 in s. 112.061. The council shall meet at least six times per
23 year.
24 (7) PURPOSE.--The purpose of the local district family
25 care councils shall be to advise the agency department and its
26 district advisory boards, to develop a plan for the delivery
27 of developmental services family support services within the
28 local area district, and to monitor the implementation and
29 effectiveness of services and support provided under the plan.
30 The primary functions of the local district family care
31 councils shall be to:
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1 (a) Assist in providing information and outreach to
2 families.
3 (b) Review the effectiveness of service developmental
4 services programs and make recommendations with respect to
5 program implementation.
6 (c) Advise the agency district developmental services
7 administrators with respect to policy issues relevant to the
8 community and family support system in the local area
9 district.
10 (d) Meet and share information with other local
11 district family care councils.
12 (8) NEW COUNCILS.--When a local district family care
13 council is established for the first time in a local area
14 district, the Governor shall appoint the first four council
15 members, who shall serve 3-year terms. These members shall
16 submit to the Governor, within 90 days after their
17 appointment, recommendations for at least six additional
18 members, selected by majority vote. If the Governor does not
19 act on the recommendations within 45 days after receiving
20 them, the persons recommended shall be considered to be
21 appointed. Those members recommended for appointment by the
22 Governor shall serve for 2 years.
23 (9) FUNDING; FINANCIAL REVIEW.--The local district
24 family care council may apply for, receive, and accept grants,
25 gifts, donations, bequests, and other payments from any public
26 or private entity or person. Each local district council is
27 shall be subject to an annual financial review by district
28 staff assigned by the agency district administrator. Each
29 local district council shall exercise care and prudence in the
30 expenditure of funds. The local district family care councils
31 shall comply with state expenditure requirements.
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1 Section 15. Section 408.301, Florida Statutes, is
2 amended to read:
3 408.301 Legislative findings.--The Legislature has
4 found that access to quality, affordable, health care for all
5 Floridians is an important goal for the state. The Legislature
6 recognizes that there are Floridians with special health care
7 and social needs which require particular attention. The
8 people served by the Department of Children and Family
9 Services, the Agency for Persons with Disabilities, and the
10 Department of Health, and the Department of Elderly Affairs
11 are examples of citizens with special needs. The Legislature
12 further recognizes that the Medicaid program is an intricate
13 part of the service delivery system for the special needs
14 citizens served by or through the Department of Children and
15 Family Services and the Department of Health. However, the
16 Agency for Health Care Administration is not a service
17 provider and does not develop or direct programs for the
18 special needs citizens served by or through the Department of
19 Children and Family Services and the Department of Health.
20 Therefore, it is the intent of the Legislature that the Agency
21 for Health Care Administration work closely with the
22 Department of Children and Family Services, the Agency for
23 Persons with Disabilities, and the Department of Health, and
24 the Department of Elderly Affairs in developing plans for
25 assuring access to all Floridians in order to assure that the
26 needs of special citizens are met.
27 Section 16. Section 408.302, Florida Statutes, is
28 amended to read:
29 408.302 Interagency agreement.--
30 (1) The Agency for Health Care Administration shall
31 enter into an interagency agreement with the Department of
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1 Children and Family Services, the Agency for Persons with
2 Disabilities, and the Department of Health, and the Department
3 of Elderly Affairs to assure coordination and cooperation in
4 serving special needs citizens. The agreement shall include
5 the requirement that the secretaries or directors secretary of
6 the Department of Children and Family Services, the Agency for
7 Persons with Disabilities, and the secretary of the Department
8 of Health, and the Department of Elderly Affairs approve,
9 prior to adoption, any rule developed by the Agency for Health
10 Care Administration where such rule has a direct impact on the
11 mission of the respective state agencies Department of
12 Children and Family Services and the Department of Health,
13 their programs, or their budgets.
14 (2) For rules which indirectly impact on the mission
15 of the Department of Children and Family Services, the Agency
16 for Persons with Disabilities, and the Department of Health,
17 and the Department of Elderly Affairs, their programs, or
18 their budgets, the concurrence of the respective secretaries
19 or directors secretary of the Department of Children and
20 Family Services and the secretary of the Department of Health
21 on the rule is required.
22 (3) For all other rules developed by the Agency for
23 Health Care Administration, coordination with the Department
24 of Children and Family Services, the Agency for Persons with
25 Disabilities, and the Department of Health, and the Department
26 of Elderly Affairs is encouraged.
27 (4) The interagency agreement shall also include any
28 other provisions necessary to ensure a continued cooperative
29 working relationship between the Agency for Health Care
30 Administration and the Department of Children and Family
31 Services, the Agency for Persons with Disabilities, and the
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1 Department of Health, and the Department of Elderly Affairs as
2 each strives to meet the needs of the citizens of Florida.
3 Section 17. Subsection (13) of section 409.906,
4 Florida Statutes, is amended to read:
5 409.906 Optional Medicaid services.--Subject to
6 specific appropriations, the agency may make payments for
7 services which are optional to the state under Title XIX of
8 the Social Security Act and are furnished by Medicaid
9 providers to recipients who are determined to be eligible on
10 the dates on which the services were provided. Any optional
11 service that is provided shall be provided only when medically
12 necessary and in accordance with state and federal law.
13 Optional services rendered by providers in mobile units to
14 Medicaid recipients may be restricted or prohibited by the
15 agency. Nothing in this section shall be construed to prevent
16 or limit the agency from adjusting fees, reimbursement rates,
17 lengths of stay, number of visits, or number of services, or
18 making any other adjustments necessary to comply with the
19 availability of moneys and any limitations or directions
20 provided for in the General Appropriations Act or chapter 216.
21 If necessary to safeguard the state's systems of providing
22 services to elderly and disabled persons and subject to the
23 notice and review provisions of s. 216.177, the Governor may
24 direct the Agency for Health Care Administration to amend the
25 Medicaid state plan to delete the optional Medicaid service
26 known as "Intermediate Care Facilities for the Developmentally
27 Disabled." Optional services may include:
28 (13) HOME AND COMMUNITY-BASED SERVICES.--The agency
29 may pay for home-based or community-based services that are
30 rendered to a recipient in accordance with a federally
31 approved waiver program. The agency may limit or eliminate
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1 coverage for certain Project AIDS Care Waiver services,
2 preauthorize high-cost or highly utilized services, or make
3 any other adjustments necessary to comply with any limitations
4 or directions provided for in the General Appropriations Act.
5 Section 18. Sections 393.14, 393.165, 393.166, and
6 393.505, Florida Statutes, are repealed.
7 Section 19. (1) Effective October 1, 2004, the
8 developmental disabilities program and the developmental
9 services institutions in the Department of Children and Family
10 Services shall be transferred to the Agency for Persons with
11 Disabilities by a type two transfer pursuant to section 20.06,
12 Florida Statutes. Prior to that date:
13 (a) The Agency for Persons with Disabilities and the
14 Department of Children and Family Services, in consultation
15 with the Department of Management Services, shall determine
16 the number of positions and resources within the department
17 dedicated to the developmental disabilities program which
18 shall be transferred to the agency and will develop an
19 agreement that delineates who within the department will
20 provide administrative support to the agency.
21 (b) The Director of the Agency for Persons with
22 Disabilities, in consultation with the Secretaries of the
23 Department of Children and Family Services and the Agency for
24 Health Care Administration or their designees, shall prepare a
25 transition plan that must address, at a minimum, building
26 leases, information support systems, cash ownership and
27 transfer, administrative support functions, inventory and
28 transfers of equipment and structures, expenditure transfers,
29 budget authority and positions, and certifications forward.
30 This plan shall be submitted by September 1, 2004, to the
31
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1 Executive Office of the Governor, the President of the Senate,
2 and the Speaker of the House of Representatives.
3 (c) The Agency for Persons with Disabilities and the
4 Department of Children and Family Services shall work with the
5 Agency for Health Care Administration to develop a plan that
6 ensures that all of the necessary electronic and paper-based
7 data of the Developmental Disabilities program is accessible
8 to the Medicaid program and that all electronic records will
9 be migrated to a new data system that is compatible with the
10 Florida Medicaid Management Information System.
11 (d) The Agency for Persons with Disabilities and the
12 Agency for Health Care Administration shall develop a plan for
13 the orderly relocation of the noncentral-office staff of the
14 Agency for Persons with Disabilities to the area offices of
15 the Agency for Health Care Administration. Such plan shall
16 include a schedule that takes into consideration the
17 availability of space, the expiration of current leases, and
18 the initiation of new leases that can accommodate the
19 relocated staff, as well as appropriate reimbursement for
20 collocation costs, including office space and other operating
21 expenses.
22 (2) Effective October 1, 2004, the agency shall enter
23 into an interagency agreement with the Department of Children
24 and Family Services for the provision of the necessary
25 day-to-day administrative and operational needs of the agency,
26 including, but not limited to, personnel, purchasing,
27 information technology support, legal support, and other
28 related services. This interagency agreement shall continue
29 until the agency no longer requires the provision of services
30 through such agreement.
31
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1 (3) This act does not affect the validity of any
2 judicial or administrative proceeding pending on October 30,
3 2004, and the Agency for Persons with Disabilities is
4 substituted as a real party in interest with respect to any
5 proceeding pending on that date which involves the
6 developmental services programs of the Department of Children
7 and Family Services.
8 Section 20. The Office of Program Policy Analysis and
9 Government Accountability shall identify and evaluate
10 statewide entities receiving state funding for the purpose of
11 addressing the interests of, but not directly providing
12 services for, persons with disabilities.
13 (1) The purpose of the analysis shall be to provide
14 information with respect to:
15 (a) The extent to which activities of these entities
16 are coordinated;
17 (b) The similarities and differences in the
18 organizational missions of these entities; and
19 (c) The amount of state funds provided to these
20 entities for the purpose of addressing the interests of
21 persons with disabilities, the uses of these funds, and
22 whether they duplicate the efforts of other private or
23 federally funded entities.
24 (2) The report shall be completed and provided to the
25 Governor and Legislature by December 2005.
26 Section 21. Subsection (1) of section 92.53, Florida
27 Statutes, is amended to read:
28 92.53 Videotaping of testimony of victim or witness
29 under age 16 or person with mental retardation.--
30 (1) On motion and hearing in camera and a finding that
31 there is a substantial likelihood that a victim or witness who
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1 is under the age of 16 or who is a person with mental
2 retardation as defined in s. 393.063 s. 393.063(42) would
3 suffer at least moderate emotional or mental harm due to the
4 presence of the defendant if the child or person with mental
5 retardation is required to testify in open court, or that such
6 victim or witness is otherwise unavailable as defined in s.
7 90.804(1), the trial court may order the videotaping of the
8 testimony of the victim or witness in a case, whether civil or
9 criminal in nature, in which videotaped testimony is to be
10 utilized at trial in lieu of trial testimony in open court.
11 Section 22. Subsections (1), (2), and (3), paragraph
12 (i) of subsection (4), and subsections (5), (8), (9), (10),
13 (11), (12), (13), (14), and (17) of 393.067, Florida Statutes,
14 are amended to read:
15 393.067 Licensure of residential facilities and
16 comprehensive transitional education programs.--
17 (1) The agency department shall provide through its
18 licensing authority a system of provider qualifications,
19 standards, training criteria for meeting standards, and
20 monitoring for residential facilities and comprehensive
21 transitional education programs.
22 (2) The agency department shall conduct inspections
23 and reviews of residential facilities and comprehensive
24 transitional education programs annually.
25 (3) An application for a license for a residential
26 facility or a comprehensive transitional education program
27 shall be made to the agency Department of Children and Family
28 Services on a form furnished by it and shall be accompanied by
29 the appropriate license fee.
30 (4) The application shall be under oath and shall
31 contain the following:
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1 (i) Such other information as the agency department
2 determines is necessary to carry out the provisions of this
3 chapter.
4 (5) The applicant shall submit evidence which
5 establishes the good moral character of the manager or
6 supervisor of the facility or program and the direct service
7 providers in the facility or program and its component centers
8 or units. A license may be issued if all the screening
9 materials have been timely submitted; however, a license may
10 not be issued or renewed if any of the direct service
11 providers have failed the screening required by s. 393.0655.
12 (a)1. A licensed residential facility or comprehensive
13 transitional education program which applies for renewal of
14 its license shall submit to the agency department a list of
15 direct service providers who have worked on a continuous basis
16 at the applicant facility or program since submitting
17 fingerprints to the agency or the Department of Children and
18 Family Services, identifying those direct service providers
19 for whom a written assurance of compliance was provided by the
20 agency or department and identifying those direct service
21 providers who have recently begun working at the facility or
22 program and are awaiting the results of the required
23 fingerprint check along with the date of the submission of
24 those fingerprints for processing. The agency department shall
25 by rule determine the frequency of requests to the Department
26 of Law Enforcement to run state criminal records checks for
27 such direct service providers except for those direct service
28 providers awaiting the results of initial fingerprint checks
29 for employment at the applicant facility or program. The
30 agency department shall review the records of the direct
31 service providers at the applicant facility or program with
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1 respect to the crimes specified in s. 393.0655 and shall
2 notify the facility or program of its findings. When
3 disposition information is missing on a criminal record, it is
4 shall be the responsibility of the person being screened, upon
5 request of the agency department, to obtain and supply within
6 30 days the missing disposition information to the agency
7 department. Failure to supply the missing information within
8 30 days or to show reasonable efforts to obtain such
9 information shall result in automatic disqualification.
10 2. The applicant shall sign an affidavit under penalty
11 of perjury stating that all new direct service providers have
12 been fingerprinted and that the facility's or program's
13 remaining direct service providers have worked at the
14 applicant facility or program on a continuous basis since
15 being initially screened at that facility or program or have a
16 written assurance of compliance from the agency or department.
17 (b) As a prerequisite for issuance of the initial
18 license to a residential facility or comprehensive
19 transitional education program:
20 1. The applicant shall submit to the agency department
21 a complete set of fingerprints, taken by an authorized law
22 enforcement agency or an employee of the agency department who
23 is trained to take fingerprints, for the manager, supervisor,
24 or direct service providers of the facility or program;
25 2. The agency department shall submit the fingerprints
26 to the Department of Law Enforcement for state processing and
27 for federal processing by the Federal Bureau of Investigation;
28 and
29 3. The agency department shall review the record of
30 the manager or supervisor with respect to the crimes specified
31 in s. 393.0655(1) and shall notify the applicant of its
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1 findings. When disposition information is missing on a
2 criminal record, it is shall be the responsibility of the
3 manager or supervisor, upon request of the agency department,
4 to obtain and supply within 30 days the missing disposition
5 information to the agency department. Failure to supply the
6 missing information within 30 days or to show reasonable
7 efforts to obtain such information shall result in automatic
8 disqualification.
9 (c) The agency department or a residential facility or
10 comprehensive transitional education program may not use the
11 criminal records or juvenile records of a person obtained
12 under this subsection for any purpose other than determining
13 if that person meets the minimum standards for good moral
14 character for a manager or supervisor of, or direct service
15 provider in, such a facility or program. The criminal records
16 or juvenile records obtained by the agency department or a
17 residential facility or comprehensive transitional education
18 program for determining the moral character of a manager,
19 supervisor, or direct service provider are exempt from s.
20 119.07(1).
21 (8) The agency department shall adopt promulgate rules
22 establishing minimum standards for licensure of residential
23 facilities and comprehensive transitional education programs,
24 including rules requiring facilities and programs to train
25 staff to detect and prevent sexual abuse of residents and
26 clients, minimum standards of quality and adequacy of care,
27 and uniform firesafety standards established by the State Fire
28 Marshal which are appropriate to the size of the facility or
29 of the component centers or units of the program.
30 (9) The agency department and the Agency for Health
31 Care Administration, after consultation with the Department of
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1 Community Affairs, shall adopt rules for residential
2 facilities under the respective regulatory jurisdiction of
3 each establishing minimum standards for the preparation and
4 annual update of a comprehensive emergency management plan. At
5 a minimum, the rules must provide for plan components that
6 address emergency evacuation transportation; adequate
7 sheltering arrangements; postdisaster activities, including
8 emergency power, food, and water; postdisaster transportation;
9 supplies; staffing; emergency equipment; individual
10 identification of residents and transfer of records; and
11 responding to family inquiries. The comprehensive emergency
12 management plan for all comprehensive transitional education
13 programs and for homes serving individuals who have complex
14 medical conditions is subject to review and approval by the
15 local emergency management agency. During its review, the
16 local emergency management agency shall ensure that the
17 following agencies, at a minimum, are given the opportunity to
18 review the plan: the Agency for Health Care Administration,
19 the Agency for Persons with Disabilities Department of
20 Children and Family Services, and the Department of Community
21 Affairs. Also, appropriate volunteer organizations must be
22 given the opportunity to review the plan. The local emergency
23 management agency shall complete its review within 60 days and
24 either approve the plan or advise the facility of necessary
25 revisions.
26 (10) The agency department may conduct unannounced
27 inspections to determine compliance by residential facilities
28 and comprehensive transitional education programs with the
29 applicable provisions of this chapter and the rules adopted
30 pursuant hereto, including the rules adopted for training
31 staff of a facility or a program to detect and prevent sexual
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1 abuse of residents and clients. The facility or program shall
2 make copies of inspection reports available to the public upon
3 request.
4 (11) An alternative living center and an independent
5 living education center, as defined in s. 393.063 s.
6 393.063(8), shall be subject to the provisions of s. 419.001,
7 except that such centers shall be exempt from the
8 1,000-foot-radius requirement of s. 419.001(2) if:
9 (a) Such centers are located on a site zoned in a
10 manner so that all the component centers of a comprehensive
11 transition education center may be located thereon; or
12 (b) There are no more than three such centers within
13 said radius of 1,000 feet.
14 (12) Each residential facility or comprehensive
15 transitional education program licensed by the agency
16 department shall forward annually to the agency department a
17 true and accurate sworn statement of its costs of providing
18 care to clients funded by the agency department.
19 (13) The agency department may audit the records of
20 any residential facility or comprehensive transitional
21 education program that which it has reason to believe may not
22 be in full compliance with the provisions of this section;
23 provided that, any financial audit of such facility or program
24 shall be limited to the records of clients funded by the
25 agency department.
26 (14) The agency department shall establish, for the
27 purpose of control of licensure costs, a uniform management
28 information system and a uniform reporting system with uniform
29 definitions and reporting categories.
30 (17) The agency department shall not be required to
31 contract with new facilities licensed after October 1, 1989,
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1 pursuant to this chapter. Pursuant to chapter 287, the agency
2 department shall continue to contract within available
3 resources for residential services with facilities licensed
4 prior to October 1, 1989, if such facilities comply with the
5 provisions of this chapter and all other applicable laws and
6 regulations.
7 Section 23. Subsection (9) of section 397.405, Florida
8 Statutes, is amended to read:
9 397.405 Exemptions from licensure.--The following are
10 exempt from the licensing provisions of this chapter:
11 (9) Facilities licensed under s. 393.063 s. 393.063(8)
12 that, in addition to providing services to persons who are
13 developmentally disabled as defined therein, also provide
14 services to persons developmentally at risk as a consequence
15 of exposure to alcohol or other legal or illegal drugs while
16 in utero.
17
18 The exemptions from licensure in this section do not apply to
19 any service provider that receives an appropriation, grant, or
20 contract from the state to operate as a service provider as
21 defined in this chapter or to any substance abuse program
22 regulated pursuant to s. 397.406. Furthermore, this chapter
23 may not be construed to limit the practice of a physician
24 licensed under chapter 458 or chapter 459, a psychologist
25 licensed under chapter 490, or a psychotherapist licensed
26 under chapter 491 who provides substance abuse treatment, so
27 long as the physician, psychologist, or psychotherapist does
28 not represent to the public that he or she is a licensed
29 service provider and does not provide services to clients
30 pursuant to part V of this chapter. Failure to comply with any
31 requirement necessary to maintain an exempt status under this
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1 section is a misdemeanor of the first degree, punishable as
2 provided in s. 775.082 or s. 775.083.
3 Section 24. Paragraph (b) of subsection (5) of section
4 400.464, Florida Statutes, is amended to read:
5 400.464 Home health agencies to be licensed;
6 expiration of license; exemptions; unlawful acts; penalties.--
7 (5) The following are exempt from the licensure
8 requirements of this part:
9 (b) Home health services provided by a state agency,
10 either directly or through a contractor with:
11 1. The Department of Elderly Affairs.
12 2. The Department of Health, a community health
13 center, or a rural health network that furnishes home visits
14 for the purpose of providing environmental assessments, case
15 management, health education, personal care services, family
16 planning, or followup treatment, or for the purpose of
17 monitoring and tracking disease.
18 3. Services provided to persons who have developmental
19 disabilities, as defined in s. 393.063 s. 393.063(12).
20 4. Companion and sitter organizations that were
21 registered under s. 400.509(1) on January 1, 1999, and were
22 authorized to provide personal services under s. 393.063(33)
23 under a developmental services provider certificate on January
24 1, 1999, may continue to provide such services to past,
25 present, and future clients of the organization who need such
26 services, notwithstanding the provisions of this act.
27 5. The Department of Children and Family Services.
28 Section 25. Paragraph (d) of subsection (1) of section
29 419.001, Florida Statutes, is amended to read:
30 419.001 Site selection of community residential
31 homes.--
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1 (1) For the purposes of this section, the following
2 definitions shall apply:
3 (d) "Resident" means any of the following: a frail
4 elder as defined in s. 400.618; a physically disabled or
5 handicapped person as defined in s. 760.22(7)(a); a
6 developmentally disabled person as defined in s. 393.063 s.
7 393.063(12); a nondangerous mentally ill person as defined in
8 s. 394.455(18); or a child as defined in s. 39.01(14), s.
9 984.03(9) or (12), or s. 985.03(8).
10 Section 26. 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 s. 393.063(42) 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 27. 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 s. 393.063(42) in any criminal proceeding if the
6 person with mental retardation is a victim of or witness to
7 abuse or neglect, or if the person with mental retardation is
8 a victim of a sexual offense or a witness to a sexual offense
9 committed against a minor or person with mental retardation.
10 The court may appoint an advocate in any other criminal
11 proceeding in which a person with mental retardation is
12 involved as either a victim or a witness. The advocate shall
13 have full access to all evidence and reports introduced during
14 the proceedings, may interview witnesses, may make
15 recommendations to the court, shall be noticed and have the
16 right to appear on behalf of the person with mental
17 retardation at all proceedings, and may request additional
18 examinations by medical doctors, psychiatrists, or
19 psychologists. It is the duty of the advocate to perform the
20 following services:
21 (a) To explain, in language understandable to the
22 person with mental retardation, all legal proceedings in which
23 the person shall be involved;
24 (b) To act, as a friend of the court, to advise the
25 judge, whenever appropriate, of the person with mental
26 retardation's ability to understand and cooperate with any
27 court proceedings; and
28 (c) To assist the person with mental retardation and
29 the person's family in coping with the emotional effects of
30 the crime and subsequent criminal proceedings in which the
31 person with mental retardation is involved.
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1 Section 28. 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 s. 393.063(42) is testifying concerning any sex
10 offense, the court shall clear the courtroom of all persons
11 except parties to the cause and their immediate families or
12 guardians, attorneys and their secretaries, officers of the
13 court, jurors, newspaper reporters or broadcasters, court
14 reporters, and, at the request of the victim, victim or
15 witness advocates designated by the state attorney's office.
16 Section 29. Paragraph (a) of subsection (4) of section
17 943.0585, Florida Statutes, is amended to read:
18 943.0585 Court-ordered expunction of criminal history
19 records.--The courts of this state have jurisdiction over
20 their own procedures, including the maintenance, expunction,
21 and correction of judicial records containing criminal history
22 information to the extent such procedures are not inconsistent
23 with the conditions, responsibilities, and duties established
24 by this section. Any court of competent jurisdiction may order
25 a criminal justice agency to expunge the criminal history
26 record of a minor or an adult who complies with the
27 requirements of this section. The court shall not order a
28 criminal justice agency to expunge a criminal history record
29 until the person seeking to expunge a criminal history record
30 has applied for and received a certificate of eligibility for
31 expunction pursuant to subsection (2). A criminal history
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1 record that relates to a violation of s. 787.025, chapter 794,
2 s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
3 chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
4 893.135, or a violation enumerated in s. 907.041 may not be
5 expunged, without regard to whether adjudication was withheld,
6 if the defendant was found guilty of or pled guilty or nolo
7 contendere to the offense, or if the defendant, as a minor,
8 was found to have committed, or pled guilty or nolo contendere
9 to committing, the offense as a delinquent act. The court may
10 only order expunction of a criminal history record pertaining
11 to one arrest or one incident of alleged criminal activity,
12 except as provided in this section. The court may, at its sole
13 discretion, order the expunction of a criminal history record
14 pertaining to more than one arrest if the additional arrests
15 directly relate to the original arrest. If the court intends
16 to order the expunction of records pertaining to such
17 additional arrests, such intent must be specified in the
18 order. A criminal justice agency may not expunge any record
19 pertaining to such additional arrests if the order to expunge
20 does not articulate the intention of the court to expunge a
21 record pertaining to more than one arrest. This section does
22 not prevent the court from ordering the expunction of only a
23 portion of a criminal history record pertaining to one arrest
24 or one incident of alleged criminal activity. Notwithstanding
25 any law to the contrary, a criminal justice agency may comply
26 with laws, court orders, and official requests of other
27 jurisdictions relating to expunction, correction, or
28 confidential handling of criminal history records or
29 information derived therefrom. This section does not confer
30 any right to the expunction of any criminal history record,
31
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1 and any request for expunction of a criminal history record
2 may be denied at the sole discretion of the court.
3 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
4 criminal history record of a minor or an adult which is
5 ordered expunged by a court of competent jurisdiction pursuant
6 to this section must be physically destroyed or obliterated by
7 any criminal justice agency having custody of such record;
8 except that any criminal history record in the custody of the
9 department must be retained in all cases. A criminal history
10 record ordered expunged that is retained by the department is
11 confidential and exempt from the provisions of s. 119.07(1)
12 and s. 24(a), Art. I of the State Constitution and not
13 available to any person or entity except upon order of a court
14 of competent jurisdiction. A criminal justice agency may
15 retain a notation indicating compliance with an order to
16 expunge.
17 (a) The person who is the subject of a criminal
18 history record that is expunged under this section or under
19 other provisions of law, including former s. 893.14, former s.
20 901.33, and former s. 943.058, may lawfully deny or fail to
21 acknowledge the arrests covered by the expunged record, except
22 when the subject of the record:
23 1. Is a candidate for employment with a criminal
24 justice agency;
25 2. Is a defendant in a criminal prosecution;
26 3. Concurrently or subsequently petitions for relief
27 under this section or s. 943.059;
28 4. Is a candidate for admission to The Florida Bar;
29 5. Is seeking to be employed or licensed by or to
30 contract with the Department of Children and Family Services
31 or the Department of Juvenile Justice or to be employed or
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1 used by such contractor or licensee in a sensitive position
2 having direct contact with children, the developmentally
3 disabled, the aged, or the elderly as provided in s.
4 110.1127(3), s. 393.063 s. 393.063(15), s. 394.4572(1), s.
5 397.451, s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s.
6 415.102(4), s. 985.407, or chapter 400; or
7 6. Is seeking to be employed or licensed by the Office
8 of Teacher Education, Certification, Staff Development, and
9 Professional Practices of the Department of Education, any
10 district school board, or any local governmental entity that
11 licenses child care facilities.
12 Section 30. Paragraph (a) of subsection (4) of section
13 943.059, Florida Statutes, is amended to read:
14 943.059 Court-ordered sealing of criminal history
15 records.--The courts of this state shall continue to have
16 jurisdiction over their own procedures, including the
17 maintenance, sealing, and correction of judicial records
18 containing criminal history information to the extent such
19 procedures are not inconsistent with the conditions,
20 responsibilities, and duties established by this section. Any
21 court of competent jurisdiction may order a criminal justice
22 agency to seal the criminal history record of a minor or an
23 adult who complies with the requirements of this section. The
24 court shall not order a criminal justice agency to seal a
25 criminal history record until the person seeking to seal a
26 criminal history record has applied for and received a
27 certificate of eligibility for sealing pursuant to subsection
28 (2). A criminal history record that relates to a violation of
29 s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
30 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
31 s. 847.0145, s. 893.135, or a violation enumerated in s.
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1 907.041 may not be sealed, without regard to whether
2 adjudication was withheld, if the defendant was found guilty
3 of or pled guilty or nolo contendere to the offense, or if the
4 defendant, as a minor, was found to have committed or pled
5 guilty or nolo contendere to committing the offense as a
6 delinquent act. The court may only order sealing of a criminal
7 history record pertaining to one arrest or one incident of
8 alleged criminal activity, except as provided in this section.
9 The court may, at its sole discretion, order the sealing of a
10 criminal history record pertaining to more than one arrest if
11 the additional arrests directly relate to the original arrest.
12 If the court intends to order the sealing of records
13 pertaining to such additional arrests, such intent must be
14 specified in the order. A criminal justice agency may not seal
15 any record pertaining to such additional arrests if the order
16 to seal does not articulate the intention of the court to seal
17 records pertaining to more than one arrest. This section does
18 not prevent the court from ordering the sealing of only a
19 portion of a criminal history record pertaining to one arrest
20 or one incident of alleged criminal activity. Notwithstanding
21 any law to the contrary, a criminal justice agency may comply
22 with laws, court orders, and official requests of other
23 jurisdictions relating to sealing, correction, or confidential
24 handling of criminal history records or information derived
25 therefrom. This section does not confer any right to the
26 sealing of any criminal history record, and any request for
27 sealing a criminal history record may be denied at the sole
28 discretion of the court.
29 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A
30 criminal history record of a minor or an adult which is
31 ordered sealed by a court of competent jurisdiction pursuant
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1 to this section is confidential and exempt from the provisions
2 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
3 and is available only to the person who is the subject of the
4 record, to the subject's attorney, to criminal justice
5 agencies for their respective criminal justice purposes, or to
6 those entities set forth in subparagraphs (a)1., 4., 5., and
7 6. for their respective licensing and employment purposes.
8 (a) The subject of a criminal history record sealed
9 under this section or under other provisions of law, including
10 former s. 893.14, former s. 901.33, and former s. 943.058, may
11 lawfully deny or fail to acknowledge the arrests covered by
12 the sealed record, except when the subject of the record:
13 1. Is a candidate for employment with a criminal
14 justice agency;
15 2. Is a defendant in a criminal prosecution;
16 3. Concurrently or subsequently petitions for relief
17 under this section or s. 943.0585;
18 4. Is a candidate for admission to The Florida Bar;
19 5. Is seeking to be employed or licensed by or to
20 contract with the Department of Children and Family Services
21 or the Department of Juvenile Justice or to be employed or
22 used by such contractor or licensee in a sensitive position
23 having direct contact with children, the developmentally
24 disabled, the aged, or the elderly as provided in s.
25 110.1127(3), s. 393.063 s. 393.063(15), s. 394.4572(1), s.
26 397.451, s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s.
27 415.102(4), s. 415.103, s. 985.407, or chapter 400; or
28 6. Is seeking to be employed or licensed by the Office
29 of Teacher Education, Certification, Staff Development, and
30 Professional Practices of the Department of Education, any
31
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1 district school board, or any local governmental entity which
2 licenses child care facilities.
3 Section 31. Subsections (3) and (4) of section
4 393.0641, Florida Statutes, are amended to read:
5 393.0641 Program for the prevention and treatment of
6 severe self-injurious behavior.--
7 (3) The agency department may contract for the
8 provision of any portion or all of the services required by
9 the program.
10 (4) The agency has department shall have the authority
11 to license this program and shall adopt promulgate rules to
12 implement the program.
13 Section 32. Section 393.065, Florida Statutes, is
14 amended to read:
15 393.065 Application and eligibility determination.--
16 (1) Application for services shall be made in writing
17 to the agency Department of Children and Family Services, in
18 the district in which the applicant resides. Employees of the
19 agency's department's developmental services program shall
20 review each applicant for eligibility within 45 days after the
21 date the application is signed for children under 6 years of
22 age and within 60 days after the date the application is
23 signed for all other applicants. When necessary to
24 definitively identify individual conditions or needs, the
25 agency department shall provide a comprehensive assessment.
26 Only individuals whose domicile is in Florida are shall be
27 eligible for services. Information accumulated by other
28 agencies, including professional reports and collateral data,
29 shall be considered in this process when available.
30 (2) In order to provide immediate services or crisis
31 intervention to applicants, the agency department shall
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1 arrange for emergency eligibility determination, with a full
2 eligibility review to be accomplished within 45 days of the
3 emergency eligibility determination.
4 (3) The agency department shall notify each applicant,
5 in writing, of its eligibility decision. Any applicant
6 determined by the agency department to be ineligible for
7 developmental services has shall have the right to appeal this
8 decision pursuant to ss. 120.569 and 120.57.
9 (4) The agency department shall assess the level of
10 need and medical necessity for prospective residents of
11 intermediate-care facilities for the developmentally disabled
12 after October 1, 1999. The agency department may enter into an
13 agreement with the Department of Elderly Affairs for its
14 Comprehensive Assessment and Review for Long-Term-Care
15 Services (CARES) program to conduct assessments to determine
16 the level of need and medical necessity for long-term-care
17 services under this chapter. To the extent permissible under
18 federal law, the assessments must be funded under Title XIX of
19 the Social Security Act.
20 Section 33. Section 393.0651, Florida Statutes, is
21 amended to read:
22 393.0651 Family or individual support plan.--The
23 agency department shall provide for an appropriate family
24 support plan for children ages birth to 18 years of age and an
25 individual support plan for each client. The parent or
26 guardian of the client or, if competent, the client, or, when
27 appropriate, the client advocate, shall be consulted in the
28 development of the plan and shall receive a copy of the plan.
29 Each plan shall include the most appropriate, least
30 restrictive, and most cost-beneficial environment for
31 accomplishment of the objectives for client progress and a
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1 specification of all services authorized. The plan shall
2 include provisions for the most appropriate level of care for
3 the client. Within the specification of needs and services for
4 each client, when residential care is necessary, the agency
5 department shall move toward placement of clients in
6 residential facilities based within the client's community.
7 The ultimate goal of each plan, whenever possible, shall be to
8 enable the client to live a dignified life in the least
9 restrictive setting, be that in the home or in the community.
10 For children under 6 years of age, the family support plan
11 shall be developed within the 45-day application period as
12 specified in s. 393.065(1); for all applicants 6 years of age
13 or older, the family or individual support plan shall be
14 developed within the 60-day period as specified in that
15 subsection.
16 (1) The agency department shall develop and specify by
17 rule the core components of support plans to be used by each
18 district.
19 (2)(a) The family or individual support plan shall be
20 integrated with the individual education plan (IEP) for all
21 clients who are public school students entitled to a free
22 appropriate public education under the Individuals with
23 Disabilities Education Act, I.D.E.A., as amended. The family
24 or individual support plan and IEP shall be implemented to
25 maximize the attainment of educational and habilitation goals.
26 If the IEP for a student enrolled in a public school program
27 indicates placement in a public or private residential program
28 is necessary to provide special education and related services
29 to a client, the local education agency shall provide for the
30 costs of that service in accordance with the requirements of
31 the Individuals with Disabilities Education Act, I.D.E.A., as
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1 amended. This shall not preclude local education agencies and
2 the agency department from sharing the residential service
3 costs of students who are clients and require residential
4 placement. Under no circumstances shall clients entitled to a
5 public education or their parents be assessed a fee by the
6 agency department under s. 402.33 for placement in a
7 residential program.
8 (b) For clients who are entering or exiting the school
9 system, an interdepartmental staffing team composed of
10 representatives of the agency department and the local school
11 system shall develop a written transitional living and
12 training plan with the participation of the client or with the
13 parent or guardian of the client, or the client advocate, as
14 appropriate.
15 (3) Each family or individual support plan shall be
16 facilitated through case management designed solely to advance
17 the individual needs of the client.
18 (4) In the development of the family or individual
19 support plan, a client advocate may be appointed by the
20 support planning team for a client who is a minor or for a
21 client who is not capable of express and informed consent
22 when:
23 (a) The parent or guardian cannot be identified;
24 (b) The whereabouts of the parent or guardian cannot
25 be discovered; or
26 (c) The state is the only legal representative of the
27 client.
28
29 Such appointment shall not be construed to extend the powers
30 of the client advocate to include any of those powers
31 delegated by law to a legal guardian.
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1 (5) The agency department shall place a client in the
2 most appropriate and least restrictive, and cost-beneficial,
3 residential facility according to his or her individual
4 habilitation plan. The parent or guardian of the client or, if
5 competent, the client, or, when appropriate, the client
6 advocate, and the administrator of the residential facility to
7 which placement is proposed shall be consulted in determining
8 the appropriate placement for the client. Considerations for
9 placement shall be made in the following order:
10 (a) Client's own home or the home of a family member
11 or direct service provider.
12 (b) Foster care facility.
13 (c) Group home facility.
14 (d) Intermediate care facility for the developmentally
15 disabled.
16 (e) Other facilities licensed by the agency department
17 which offer special programs for people with developmental
18 disabilities.
19 (f) Developmental services institution.
20 (6) In developing a client's annual family or
21 individual support plan, the individual or family with the
22 assistance of the support planning team shall identify
23 measurable objectives for client progress and shall specify a
24 time period expected for achievement of each objective.
25 (7) The individual, family, and support coordinator
26 shall review progress in achieving the objectives specified in
27 each client's family or individual support plan, and shall
28 revise the plan annually, following consultation with the
29 client, if competent, or with the parent or guardian of the
30 client, or, when appropriate, the client advocate. The agency
31 department shall annually report in writing to the client, if
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1 competent, or to the parent or guardian of the client, or to
2 the client advocate, when appropriate, with respect to the
3 client's habilitative and medical progress.
4 (8) Any client, or any parent of a minor client, or
5 guardian, authorized guardian advocate, or client advocate for
6 a client, who is substantially affected by the client's
7 initial family or individual support plan, or the annual
8 review thereof, shall have the right to file a notice to
9 challenge the decision pursuant to ss. 120.569 and 120.57.
10 Notice of such right to appeal shall be included in all
11 support plans provided by the agency department.
12 Section 34. Section 393.0673, Florida Statutes, is
13 amended to read:
14 393.0673 Denial, suspension, revocation of license;
15 moratorium on admissions; administrative fines; procedures.--
16 (1) The agency Department of Children and Family
17 Services may deny, revoke, or suspend a license or impose an
18 administrative fine, not to exceed $1,000 per violation per
19 day, for a violation of any provision of s. 393.0655 or s.
20 393.067 or rules adopted pursuant thereto. All hearings shall
21 be held within the county in which the licensee or applicant
22 operates or applies for a license to operate a facility as
23 defined herein.
24 (2) The agency department, as a part of any final
25 order issued by it under the provisions of this chapter, may
26 impose such fine as it deems proper, except that such fine may
27 not exceed $1,000 for each violation. Each day a violation of
28 this chapter occurs constitutes a separate violation and is
29 subject to a separate fine, but in no event may the aggregate
30 amount of any fine exceed $10,000. Fines paid by any facility
31 licensee under the provisions of this subsection shall be
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1 deposited in the Resident Protection Trust Fund and expended
2 as provided in s. 400.063.
3 (3) The agency department may issue an order
4 immediately suspending or revoking a license when it
5 determines that any condition in the facility presents a
6 danger to the health, safety, or welfare of the residents in
7 the facility.
8 (4) The agency department may impose an immediate
9 moratorium on admissions to any facility when the department
10 determines that any condition in the facility presents a
11 threat to the health, safety, or welfare of the residents in
12 the facility.
13 Section 35. Subsections (1) and (3) of section
14 393.0675, Florida Statutes, are amended to read:
15 393.0675 Injunctive proceedings authorized.--
16 (1) The agency Department of Children and Family
17 Services may institute injunctive proceedings in a court of
18 competent jurisdiction to:
19 (a) Enforce the provisions of this chapter or any
20 minimum standard, rule, regulation, or order issued or entered
21 pursuant thereto; or
22 (b) Terminate the operation of facilities licensed
23 pursuant to this chapter when any of the following conditions
24 exist:
25 1. Failure by the facility to take preventive or
26 corrective measures in accordance with any order of the agency
27 department.
28 2. Failure by the facility to abide by any final order
29 of the agency department once it has become effective and
30 binding.
31
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1 3. Any violation by the facility constituting an
2 emergency requiring immediate action as provided in s.
3 393.0673.
4 (3) The agency department may institute proceedings
5 for an injunction in a court of competent jurisdiction to
6 terminate the operation of a provider of supports or services
7 if such provider has willfully and knowingly refused to comply
8 with the screening requirement for direct service providers or
9 has refused to terminate direct service providers found not to
10 be in compliance with the requirements for good moral
11 character.
12 Section 36. Subsection (1), paragraphs (b), (c), and
13 (d) of subsection (2), and paragraph (e) of subsection (3) of
14 section 393.0678, Florida Statutes, are amended to read:
15 393.0678 Receivership proceedings.--
16 (1) The agency department may petition a court of
17 competent jurisdiction for the appointment of a receiver for
18 an intermediate care facility for the developmentally
19 disabled, a residential habilitation center, or a group home
20 facility owned and operated by a corporation or partnership
21 when any of the following conditions exist:
22 (a) Any person is operating a facility without a
23 license and refuses to make application for a license as
24 required by s. 393.067 or, in the case of an intermediate care
25 facility for the developmentally disabled, as required by ss.
26 393.067 and 400.062.
27 (b) The licensee is closing the facility or has
28 informed the department that it intends to close the facility;
29 and adequate arrangements have not been made for relocation of
30 the residents within 7 days, exclusive of weekends and
31 holidays, of the closing of the facility.
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1 (c) The agency department determines that conditions
2 exist in the facility which present an imminent danger to the
3 health, safety, or welfare of the residents of the facility or
4 which present a substantial probability that death or serious
5 physical harm would result therefrom. Whenever possible, the
6 agency department shall facilitate the continued operation of
7 the program.
8 (d) The licensee cannot meet its financial obligations
9 to provide food, shelter, care, and utilities. Evidence such
10 as the issuance of bad checks or the accumulation of
11 delinquent bills for such items as personnel salaries, food,
12 drugs, or utilities constitutes prima facie evidence that the
13 ownership of the facility lacks the financial ability to
14 operate the home in accordance with the requirements of this
15 chapter and all rules promulgated thereunder.
16 (2)
17 (b) A hearing shall be conducted within 5 days of the
18 filing of the petition, at which time all interested parties
19 shall have the opportunity to present evidence pertaining to
20 the petition. The agency department shall notify the owner or
21 operator of the facility named in the petition of its filing
22 and the date set for the hearing.
23 (c) The court shall grant the petition only upon
24 finding that the health, safety, or welfare of residents of
25 the facility would be threatened if a condition existing at
26 the time the petition was filed is permitted to continue. A
27 receiver may not be appointed ex parte unless the court
28 determines that one or more of the conditions in subsection
29 (1) exist; that the facility owner or operator cannot be
30 found; that all reasonable means of locating the owner or
31 operator and notifying him or her of the petition and hearing
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1 have been exhausted; or that the owner or operator after
2 notification of the hearing chooses not to attend. After such
3 findings, the court may appoint any person qualified by
4 education, training, or experience to carry out the
5 responsibilities of receiver pursuant to this section, except
6 that the court may not appoint any owner or affiliate of the
7 facility which is in receivership. Before the appointment as
8 receiver of a person who is the operator, manager, or
9 supervisor of another facility, the court shall determine that
10 the person can reasonably operate, manage, or supervise more
11 than one facility. The receiver may be appointed for up to 90
12 days with the option of petitioning the court for 30-day
13 extensions. The receiver may be selected from a list of
14 persons qualified to act as receivers developed by the agency
15 department and presented to the court with each petition for
16 receivership. Under no circumstances may the agency department
17 or designated agency departmental employee be appointed as a
18 receiver for more than 60 days; however, the agency
19 departmental receiver may petition the court for 30-day
20 extensions. The court shall grant an extension upon a showing
21 of good cause. The agency department may petition the court
22 to appoint a substitute receiver.
23 (d) During the first 60 days of the receivership, the
24 agency department may not take action to decertify or revoke
25 the license of a facility unless conditions causing imminent
26 danger to the health and welfare of the residents exist and a
27 receiver has been unable to remove those conditions. After
28 the first 60 days of receivership, and every 60 days
29 thereafter until the receivership is terminated, the agency
30 department shall submit to the court the results of an
31 assessment of the ability of the facility to assure the safety
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1 and care of the residents. If the conditions at the facility
2 or the intentions of the owner indicate that the purpose of
3 the receivership is to close the facility rather than to
4 facilitate its continued operation, the agency department
5 shall place the residents in appropriate alternate residential
6 settings as quickly as possible. If, in the opinion of the
7 court, the agency department has not been diligent in its
8 efforts to make adequate arrangements for placement, the court
9 shall find the agency department to be in contempt and shall
10 order the agency department to submit its plans for moving the
11 residents.
12 (3) The receiver shall make provisions for the
13 continued health, safety, and welfare of all residents of the
14 facility and:
15 (e) May use the building, fixtures, furnishings, and
16 any accompanying consumable goods in the provision of care and
17 services to residents and to any other persons receiving
18 services from the facility at the time the petition for
19 receivership was filed. The receiver shall collect payments
20 for all goods and services provided to residents or others
21 during the period of the receivership at the same rate of
22 payment charged by the owner at the time the petition for
23 receivership was filed, or at a fair and reasonable rate
24 otherwise approved by the court for private, paying residents.
25 The receiver may apply to the agency department for a rate
26 increase for residents under Title XIX of the Social Security
27 Act if the facility is not receiving the state reimbursement
28 cap and if expenditures justify an increase in the rate.
29 Section 37. Section 393.071, Florida Statutes, is
30 amended to read:
31
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1 393.071 Client fees.--The agency Department of
2 Children and Family Services shall charge fees for services
3 provided to clients in accordance with s. 402.33.
4 Section 38. Subsection (2) of section 393.075, Florida
5 Statutes, is amended to read:
6 393.075 General liability coverage.--
7 (2) The Division of Risk Management of the Department
8 of Financial Services shall provide coverage through the
9 agency Department of Children and Family Services to any
10 person who owns or operates a foster care facility or group
11 home facility solely for the agency Department of Children and
12 Family Services, who cares for children placed by
13 developmental services staff of the agency department, and who
14 is licensed pursuant to s. 393.067 to provide such supervision
15 and care in his or her place of residence. The coverage shall
16 be provided from the general liability account of the State
17 Risk Management Trust Fund. The coverage is limited to
18 general liability claims arising from the provision of
19 supervision and care of children in a foster care facility or
20 group home facility pursuant to an agreement with the agency
21 department and pursuant to guidelines established through
22 policy, rule, or statute. Coverage shall be subject to the
23 limits provided in ss. 284.38 and 284.385, and the exclusions
24 set forth therein, together with other exclusions as may be
25 set forth in the certificate of coverage issued by the trust
26 fund. A person covered under the general liability account
27 pursuant to this subsection shall immediately notify the
28 Division of Risk Management of the Department of Financial
29 Services of any potential or actual claim.
30 Section 39. Section 393.115, Florida Statutes, is
31 amended to read:
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1 393.115 Discharge.--
2 (1) DISCHARGE AT THE AGE OF MAJORITY.--
3 (a) When any residential client reaches his or her
4 18th birthday, the agency department shall give the resident
5 or legal guardian the option to continue residential services
6 or to be discharged from residential services.
7 (b) If the resident appears to meet the criteria for
8 involuntary admission to residential services, as defined in
9 s. 393.11, the agency department shall file a petition to
10 determine the appropriateness of continued residential
11 placement on an involuntary basis. The agency department shall
12 file the petition for involuntary admission in the county in
13 which the client resides. If the resident was originally
14 involuntarily admitted to residential services pursuant to s.
15 393.11, then the agency department shall file the petition in
16 the court having continuing jurisdiction over the case.
17 (c) Nothing in this section shall in any way limit or
18 restrict the resident's right to a writ of habeas corpus or
19 the right of the agency department to transfer a resident
20 receiving residential care to a program of appropriate
21 services provided by the agency department when such program
22 is the appropriate habilitative setting for the resident.
23 (2) DISCHARGE AFTER CRIMINAL OR JUVENILE
24 COMMITMENT.--Any person with developmental disabilities
25 committed to the custody of the agency department pursuant to
26 the provisions of the applicable criminal or juvenile court
27 law shall be discharged in accordance with the requirements of
28 the applicable criminal or juvenile court law.
29 Section 40. Subsection (3) of section 393.12, Florida
30 Statutes, is amended to read:
31 393.12 Capacity; appointment of guardian advocate.--
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1 (3) COURT COSTS.--In all proceedings under this
2 section, no court costs shall be charged against the agency
3 department.
4 Section 41. Section 393.125, Florida Statutes, is
5 amended to read:
6 393.125 Hearing rights.--
7 (1) REVIEW OF AGENCY DEPARTMENT DECISIONS.--
8 (a) Any developmental services applicant or client, or
9 his or her parent, guardian, guardian advocate, or authorized
10 representative, who has any substantial interest determined by
11 the agency department, has shall have the right to request an
12 administrative hearing pursuant to ss. 120.569 and 120.57.
13 (b) Notice of the right to an administrative hearing
14 shall be given, both verbally and in writing, to the applicant
15 or client, and his or her parent, guardian, guardian advocate,
16 or authorized representative, at the same time that the agency
17 department gives the applicant or client notice of the
18 agency's department's action. The notice shall be given, both
19 verbally and in writing, in the language of the client or
20 applicant and in English.
21 (c) A request for a hearing under this section shall
22 be made to the agency department, in writing, within 30 days
23 of the applicant's or client's receipt of the notice.
24 (2) REVIEW OF PROVIDER DECISIONS.--The agency
25 department shall adopt promulgate rules to establish uniform
26 guidelines for the agency department and service providers
27 relevant to termination, suspension, or reduction of client
28 services by the service provider. The rules shall ensure the
29 due process rights of service providers and clients.
30 Section 42. Section 393.14, Florida Statutes, is
31 amended to read:
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1 393.14 Multiyear plan.--
2 (1) The agency may department is authorized to begin
3 implementation of the provisions of this act within the limits
4 of current appropriations. The agency department shall
5 develop a multiyear plan which will provide for the phased-in
6 implementation of the provisions of this act over the decade
7 following first presentation of the plan to the Legislature.
8 The multiyear plan for implementation shall be presented to
9 the Legislature by January 31, 1990, and every 2 years
10 thereafter. The plan shall include, but not be limited to:
11 (a) An analysis and inventory of existing programs,
12 facilities, and services dealing with persons who are
13 developmentally disabled.
14 (b) A survey and analysis outlining the needs of the
15 system of care for persons who are developmentally disabled to
16 accomplish the purpose and intent of this act. This analysis
17 shall include:
18 1. Comprehensive information relating to the
19 conceptual basis and statement of criteria which will be used
20 for the identification and categorization of all agency
21 department clients and the expected level and amount of
22 service each category of client will require.
23 2. A description of the present client population,
24 based on the above criteria.
25 3. Client population forecasts.
26 4. Client profiles.
27 5. Service area resources, needs, and capabilities.
28 6. Residential and nonresidential community programs.
29 7. An analysis of the future functions of institutions
30 and their profile.
31
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1 8. An analysis of the financing necessary to implement
2 needs, which shall include a statement of the actual cost
3 necessary to implement each program and the actual cost of
4 each unit of service to the client for both institutional and
5 community placements.
6 9. A clear and detailed description of the needs of
7 persons waiting for services and the cost to the state in both
8 human and economic terms if those persons are not served
9 within the fiscal year the plan is submitted.
10 (c) A plan for the coordination of the state's
11 service, programs, and facilities for persons who are
12 developmentally disabled.
13 (d) A detailed study of methods to implement
14 alternatives to institutionalization and how those methods can
15 best be utilized.
16 (2) Every 2 years, commencing with the 1990 fiscal
17 year, the agency department shall render a written report to
18 the Legislature updating the plan, making recommendations for
19 modification or improvement, and giving a detailed analysis of
20 the manner and method, including funding, by which the
21 Legislature can continue to implement the overall goals of the
22 plan.
23 Section 43. Subsections (3), (4), (5), and (6) of
24 section 393.15, Florida Statutes, are amended to read:
25 393.15 Legislative intent; Community Resources
26 Development Trust Fund.--
27 (3) There is created a Community Resources Development
28 Trust Fund in the State Treasury to be used by the agency
29 Department of Children and Family Services for the purpose of
30 granting loans to eligible programs for the initial costs of
31 development of the programs. Loans shall be made only to
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1 those facilities which are in compliance with the zoning
2 regulations of the local community. Costs of development may
3 include structural modification, the purchase of equipment and
4 fire and safety devices, preoperational staff training, and
5 the purchase of insurance. Such costs shall not include the
6 actual construction of a facility.
7 (4) The agency department may grant to an eligible
8 program a lump-sum loan in one payment not to exceed the cost
9 to the program of providing 2 months' services, care, or
10 maintenance to each person who is developmentally disabled to
11 be placed in the program by the agency department, or the
12 actual cost of firesafety renovations to a facility required
13 by the state, whichever is greater. Loans granted to programs
14 shall not be in lieu of payment for maintenance, services, or
15 care provided, but shall stand separate and distinct. The
16 agency department shall adopt promulgate rules, as provided in
17 chapter 120, to determine the standards under which a program
18 shall be eligible to receive a loan as provided in this
19 section and criteria for the equitable allocation of loan
20 trust funds when eligible applications exceed the funds
21 available.
22 (5) Any loan granted by the agency department under
23 this section shall be repaid by the program within 5 years. A
24 program that which operates as a nonprofit corporation meeting
25 the requirements of s. 501(c)(3) of the Internal Revenue Code,
26 and that which seeks forgiveness of its loan shall submit to
27 the agency department a statement setting forth the service it
28 has provided during the year together with such other
29 information as the agency department by rule shall require,
30 and, upon approval of each such annual statement, the agency
31
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1 department shall forgive 20 percent of the principal of any
2 such loan granted after June 30, 1975.
3 (6) If any program that which has received a loan
4 under this section ceases to accept, or provide care,
5 services, or maintenance to persons placed in the program by
6 the department, or if such program files shall file papers of
7 bankruptcy, at that point in time the loan shall become an
8 interest-bearing loan at the rate of 5 percent per annum on
9 the entire amount of the initial loan which shall be repaid
10 within a 1-year period from the date on which the program
11 ceases to provide care, services, or maintenance, or files
12 papers in bankruptcy, and the amount of the loan due plus
13 interest shall constitute a lien in favor of the state against
14 all real and personal property of the program. The lien shall
15 be perfected by the appropriate officer of the agency
16 department by executing and acknowledging a statement of the
17 name of the program and the amount due on the loan and a copy
18 of the promissory note, which shall be recorded by the agency
19 department with the clerk of the circuit court in the county
20 wherein the program is located. If the program has filed a
21 petition for bankruptcy, the agency department shall file and
22 enforce the lien in the bankruptcy proceedings. Otherwise,
23 the lien shall be enforced in the manner provided in s.
24 85.011. All funds received by the agency department from the
25 enforcement of the lien shall be deposited in the Community
26 Resources Development Trust Fund.
27 Section 44. Subsection (1) of section 393.501, Florida
28 Statutes, is amended to read:
29 393.501 Rulemaking.--
30 (1) The agency department shall adopt rules to carry
31 out the provisions of this chapter.
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1 Section 45. Section 393.503, Florida Statutes, is
2 amended to read:
3 393.503 Respite and family care subsidy expenditures;
4 funding.--The agency Department of Children and Family
5 Services shall determine the amount of expenditures per fiscal
6 year for the respite and family care subsidy to families and
7 individuals with developmental disabilities living in their
8 own homes. This information shall be made available to the
9 family care councils and to others requesting the information.
10 The family care councils shall review the expenditures and
11 make recommendations to the agency department with respect to
12 any new funds that are made available for family care.
13 Section 46. Subsection (2) of section 393.506, Florida
14 Statutes, is amended to read:
15 393.506 Administration of medication.--
16 (2) Each facility, institution, or program must
17 include in its policies and procedures a plan for training
18 designated staff to ensure the safe handling, storage, and
19 administration of prescription medication. These policies and
20 procedures must be approved by the agency department before
21 unlicensed direct care services staff assist with medication.
22 Section 47. (1) In the Department of Children and
23 Family Services' Economic Self-Sufficiency Services Program
24 Office, the department may provide its eligibility
25 determination functions either with department staff or
26 through contract with one or more private vendors, with the
27 following restrictions:
28 (a) With the exception of information technology, a
29 contract may not include a geographic area larger than a
30 combined seven districts or combined three zones without the
31 prior approval of the Legislative Budget Commission;
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1 (b) All jobs made available through any contract must
2 be located within the United States, with preference given to
3 contractors whose jobs will be provided to residents of this
4 state; and
5 (c) Department employees must provide the functions in
6 at least two districts or one zone.
7 (2) This section shall take effect upon this act
8 becoming a law.
9 Section 48. Except as otherwise expressly provided in
10 this act, this act shall take effect July 1, 2004.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1280
3
4
Removes the Developmental Disabilities program from the
5 Department of Children and Family Services (the department or
DCF) and establishes the program as "The Agency for Persons
6 with Disabilities" (APD).
7 Houses the newly created agency within the department for
administrative purposes but establishes the agency as a
8 separate budget entity that is not subject to the control,
supervision, or the direction of the department.
9
Specifies that the director for this agency is to be appointed
10 by the Governor to administer the affairs of the agency and is
authorized to hire staff within available resources.
11
Provides that the agency has programmatic responsibility for
12 the provision of all services for persons with developmental
disabilities pursuant to chapter 393 of the Florida Statutes.
13
Specifies that the fiscal management of the home and
14 community-based waiver services is to be managed by the Agency
for Health Care Administration (AHCA).
15
Directs that the agency will retain the fiscal and
16 programmatic management of the developmental disabilities
institutions and those community-based services funded by
17 general revenue.
18 Deletes the current provisions relating to the certification
of behavior analysts and provides language authorizing the
19 agency to recognize the certification of behavior analysts
that is awarded by a nonprofit corporation that meets certain
20 requirements.
21 Requires that the Developmental Disabilities program and the
developmental disabilities institutional programs in the
22 department are to be transferred to APD by a type 2 transfer
effective October 1, 2004.
23
Directs the agency and the department to work with the
24 Department of Management Services to determine the number of
positions and the resources within the department that are to
25 be transferred to the agency including staff persons from the
department who are to provide administrative support.
26
Directs the Director of APD to work with the Secretaries from
27 DCF and the Agency for Health Care Administration (AHCA) or
their designees to develop a transition plan that is to be
28 submitted to the Executive Office of the Governor and the
Legislature by September 1, 2004.
29
Requires the agency is to enter into inter-agency agreements
30 with AHCA and DCF that delineate the responsibilities of each
organization and that also address the operational support of
31 the new agency as well as reimbursement mechanisms.
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Florida Senate - 2004 CS for SB 1280
300-2552-04
1 Directs APD, AHCA, and DCF to work together to develop a plan
to ensure all necessary electronic and paper-based data is
2 accessible to the Medicaid program. Electronic records are to
be migrated to a new system that is compatible with the
3 Florida Medicaid Management Information System.
4 Directs that a plan be developed by APD and AHCA for the
relocation of the local APD staff to the AHCA area offices.
5
Requires APD to enter into an agreement with DCF for the
6 provision of day-to-day administrative and operational needs
or until APD is no longer in need of such services.
7
Directs the Office of Program Policy and Government
8 Accountability to identify and evaluate statewide entities
receiving state funding to provide services for persons with
9 disabilities and provide a report to the Governor and the
Legislature by December 2005.
10
Authorizes DCF to provide its eligibility determination
11 functions with either department staff or through a
contractual agreement with one or more private vendors with
12 certain restrictions applied.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
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CODING: Words stricken are deletions; words underlined are additions.