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CS/CS/SB 1280: Children & Family Services Dept.

GENERAL BILL by Appropriations ; Children and Families ; Peaden ; (CO-INTRODUCERS) Lynn

Children & Family Services Dept.; removes developmental disabilities program from said dept.; establishes Agency for Persons with Disabilities for purpose of providing services to persons with developmental disabilities, including institutional services; provides that it is second-degree felony for employee to engage in sexual misconduct with certain developmentally disabled clients, certain mental health patients, or certain forensic clients, etc. Amends FS.

Effective Date: 07/01/2004 except as otherwise provided
Last Action: 4/29/2004 Senate - Substituted HB 1823 -SJ 01374; Laid on Table, Link/Iden/Sim/Compare passed, refer to HB 1823 (Ch. 2004-267), HB 1837 (Ch. 2004-269)
Bill Text: Web Page | PDF

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  • Bill History

    Date Chamber Action
    12/15/2003 Senate • Prefiled
    1/6/2004 Senate • Referred to Appropriations Subcommittee on Health and Human Services; Appropriations; Rules and Calendar
    3/2/2004 Senate • Introduced, referred to Appropriations Subcommittee on Health and Human Services; Appropriations; Rules and Calendar -SJ 00072
    3/16/2004 Senate • Withdrawn from Appropriations Subcommittee on Health and Human Services; Rules and Calendar -SJ 00251; Now in Appropriations
    3/31/2004 Senate • Withdrawn from Appropriations -SJ 00414; Rereferred to Children and Families; Appropriations Subcommittee on Health and Human Services; Appropriations -SJ 00414
    4/7/2004 Senate • On Committee agenda-- Children and Families, 04/13/04, 2:45 pm, 37-S
    4/13/2004 Senate • CS by Children and Families; YEAS 7 NAYS 0 -SJ 00583; CS read first time on 04/14/04 -SJ 00589
    4/14/2004 Senate • Now in Appropriations Subcommittee on Health and Human Services -SJ 00583
    4/16/2004 Senate • Withdrawn from Appropriations Subcommittee on Health and Human Services -SJ 00658; Now in Appropriations; On Committee agenda-- Appropriations, 04/20/04, 3:30 pm, 412-K
    4/20/2004 Senate • CS/CS by- Appropriations; YEAS 16 NAYS 0 -SJ 00749; CS read first time on 04/22/04 -SJ 00750
    4/22/2004 Senate • Placed on Calendar, on second reading -SJ 00749
    4/27/2004 Senate • Placed on Special Order Calendar -SJ 01028, -SJ 01176
    4/28/2004 Senate • Placed on Special Order Calendar -SJ 01176; Read second time -SJ 01236; Amendment(s) adopted -SJ 01237; Ordered engrossed -SJ 01255
    4/29/2004 Senate • Substituted HB 1823 -SJ 01374; Laid on Table, Link/Iden/Sim/Compare passed, refer to HB 1823 (Ch. 2004-267), HB 1837 (Ch. 2004-269)

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  • CS/CS/SB 1280, Engrossed 1 (Current Bill Version) Posted 4/28/2004 at 5:40 PM

    Bill Text:   Web Page | PDF
    Analyses:   None

    Related Bills (10)

    Bill Number Subject Filed By Relationship Last Action and Location
    H 1823 (e1) The Future of Florida's Families Similar Last Action: 5/28/2004 Approved by Governor; Chapter No. 2004-267; See also HB 1837 (Ch. 2004-269)
    Location:
    H 721 Sexual Misconduct Murman Compare Last Action: 2/19/2004 H Withdrawn from The Future of Florida's Families; Public Safety & Crime Prevention; Public Safety Appropriations (AP); Appropriations; Withdrawn prior to introduction,Link/Iden/Sim/Compare passed, refer to HB 1823 (Ch. 2004-267) -HJ 00061
    Location:
    H 1837 (e2) Appropriations Compare Last Action: 5/28/2004 Approved by Governor; Chapter No. 2004-269; See also HB 293 (Ch. 2004-381), HB 1823 (Ch. 2004-267), HB 1835 (Ch. 2004-268), HB 1847 (Ch. 2004-240), HB 1863 (Ch. 2004-245), HB 1867 (Ch. 2004-271), CS/SB 1250 (Ch. 2004-347), CS/SB 2448 (Ch. 2004-350), CS/SB 2646 (Ch. 2004-235)
    Location:
    H 1903 State's Social & Economic Programs The Future of Florida's Families Compare Last Action: 4/30/2004 S In Messages; Died in Messages, Link/Iden/Sim/Compare passed, refer to HB 1823 (Ch. 2004-267)
    Location:
    S 1248 (c1) State Financial Matters Management Pruitt Compare Last Action: 4/30/2004 S Died in Committee on Rules and Calendar, Link/Iden/Sim/Compare passed, refer to HB 1823 (Ch. 2004-267), HB 1863 (Ch. 2004-245), CS/SB 2448 (Ch. 2004-350), CS/SB 2644 (Ch. 2004-234)
    Location:
    S 1276 (e1) Health Care Peaden Compare Last Action: 4/2/2004 S Read third time -SJ 00520; Amendment pending -SJ 00520; Pending amendment withdrawn -SJ 00539; Substituted HB 1843 -SJ 00540; Laid on Table, Link/Iden/Sim/Compare passed, refer to HB 1843 (Ch. 2004-270), HB 1863 (Ch. 2004-245), HB 1865 (Ch. 2004-246), CS/CS/SB 1064 (Ch. 2004-344), CS/SB 2000 (Ch. 2004-1), CS/SB 2448 (Ch. 2004-350)
    Location:
    S 1466 Public Assistance Programs Lynn Compare Last Action: 4/30/2004 S Died in Committee on Governmental Oversight and Productivity
    Location:
    S 1772 (c2) Sexual Misconduct Lynn Compare Last Action: 4/30/2004 S Died in Committee on Judiciary, Link/Iden/Sim/Compare passed, refer to HB 1823 (Ch. 2004-267)
    Location:
    S 2722 (c2) State Financial Matters Management Atwater Compare Last Action: 4/30/2004 S Placed on Special Order Calendar -SJ 01392; Died on Calendar, Link/Iden/Sim/Compare passed, refer to HB 1823 (Ch. 2004-267), HB 1863 (Ch. 2004-245), CS/SB 2448 (Ch. 2004-350), CS/SB 2644 (Ch. 2004-234)
    Location:
    S 2808 (c2) Children & Family Services Dept. Lynn Compare Last Action: 4/30/2004 S Died on Calendar, Link/Iden/Sim/Compare passed, refer to HB 723 (Ch. 2004-356), HB 1823 (Ch. 2004-267)
    Location:

    Citations - Statutes (109)

    Citation Catchline Location in Bill Location In Bill Help
    20.19 Department of Children and Family Services.
    20.197
    39.001 Purposes and intent; personnel standards and screening.
    39.821 Qualifications of guardians ad litem.
    92.53 Videotaping of testimony of victim or witness under age 16 or person with mental retardation.
    110.1127 Employee security checks.
    112.0455 Drug-Free Workplace Act.
    381.0059 Background screening requirements for school health services personnel.
    383.305 Licensure; issuance, renewal, denial, suspension, revocation; fees; background screening.
    390.015 Application for license.
    393.063 Definitions.
    393.064 Prevention.
    393.0641 Program for the prevention and treatment of severe self-injurious behavior.
    393.065 Application and eligibility determination.
    393.0651 Family or individual support plan.
    393.0655 Screening of direct service providers.
    393.066 Community services and treatment for persons who are developmentally disabled.
    393.0661 Home and community-based services delivery system; comprehensive redesign.
    393.067 Licensure of residential facilities and comprehensive transitional education programs.
    393.0673 Denial, suspension, revocation of license; moratorium on admissions; administrative fines; procedures.
    393.0675 Injunctive proceedings authorized.
    393.0678 Receivership proceedings.
    393.068 Family care program.
    393.0695 Provision of in-home subsidies.
    393.071 Client fees.
    393.075 General liability coverage.
    393.11 Involuntary admission to residential services.
    393.115 Discharge.
    393.12 Capacity; appointment of guardian advocate.
    393.125 Hearing rights.
    393.13 Personal treatment of persons who are developmentally disabled.
    393.135
    393.14 Multiyear plan.
    393.15 Legislative intent; Community Resources Development Trust Fund.
    393.165 Legislative findings.
    393.166 Home for special services; licensure; standards.
    393.17 Behavioral programs; certification of behavior analysts; fees.
    393.22 Transfer of appropriations; barriers to services; financial commitment to programs.
    393.501 Rulemaking.
    393.502 Family care councils.
    393.503 Respite and family care subsidy expenditures; funding.
    393.505 Comprehensive day treatment services; demonstration projects.
    393.506 Administration of medication.
    394.4572 Screening of mental health personnel.
    394.4593
    394.875 Crisis stabilization units, residential treatment facilities, and residential treatment centers for children and adolescents; authorized services; license required; penalties.
    395.0055 Background screening.
    395.0199 Private utilization review.
    397.405 Exemptions from licensure.
    397.451 Background checks of service provider personnel.
    400.071 Application for license.
    400.215 Personnel screening requirement.
    400.414 Denial, revocation, or suspension of license; imposition of administrative fine; grounds.
    400.4174 Background screening; exemptions.
    400.464 Home health agencies to be licensed; expiration of license; exemptions; unlawful acts; penalties.
    400.471 Application for license; fee; provisional license; temporary permit.
    400.506 Licensure of nurse registries; requirements; penalties.
    400.509 Registration of particular service providers exempt from licensure; certificate of registration; regulation of registrants.
    400.512 Screening of home health agency personnel; nurse registry personnel; and companions and homemakers.
    400.556 Denial, suspension, revocation of license; administrative fines; investigations and inspections.
    400.5572 Background screening.
    400.6065 Background screening.
    400.607 Denial, suspension, or revocation of license; imposition of administrative fine; grounds; injunctions.
    400.619 Licensure application and renewal.
    400.6194 Denial, revocation, or suspension of a license.
    400.801 Homes for special services.
    400.805 Transitional living facilities.
    400.906 Initial application for license.
    400.931 Application for license; fee; provisional license; temporary permit.
    400.953 Background screening of home medical equipment provider personnel.
    400.962 License required; license application.
    400.964 Personnel screening requirement.
    400.980 Health care services pools.
    400.991 License requirements; background screenings; prohibitions.
    402.302 Definitions.
    402.305 Licensing standards; child care facilities.
    402.3054 Child enrichment service providers.
    408.301 Legislative findings.
    408.302 Interagency agreement.
    409.175 Licensure of family foster homes, residential child-caring agencies, and child-placing agencies; public records exemption.
    409.906 Optional Medicaid services.
    409.907 Medicaid provider agreements.
    409.912 Cost-effective purchasing of health care.
    419.001 Site selection of community residential homes.
    435.03 Level 1 screening standards.
    435.04 Level 2 screening standards.
    435.045 Requirements for placement of dependent children.
    435.05 Requirements for covered employees.
    435.07 Exemptions from disqualification.
    464.018 Disciplinary actions.
    483.101 Application for clinical laboratory license.
    483.30 Licensing of centers.
    744.1085 Regulation of professional guardians; application; bond required; educational requirements.
    744.309 Who may be appointed guardian of a resident ward.
    744.3135 Credit and criminal investigation.
    744.474 Reasons for removal of guardian.
    914.16 Child abuse and sexual abuse of victims under age 16 or persons with mental retardation; limits on interviews.
    914.17 Appointment of advocate for victims or witnesses who are minors or persons with mental retardation.
    916.1075
    918.16 Sex offenses; testimony of person under age 16 or person with mental retardation; testimony of victim; courtroom cleared; exceptions.
    943.053 Dissemination of criminal justice information; fees.
    943.0582 Prearrest, postarrest, or teen court diversion program expunction.
    943.0585 Court-ordered expunction of criminal history records.
    943.059 Court-ordered sealing of criminal history records.
    984.01 Purposes and intent; personnel standards and screening.
    985.01 Purposes and intent; personnel standards and screening.
    985.04 Oaths; records; confidential information.
    985.407 Departmental contracting powers; personnel standards and screening.
    1002.36 Florida School for the Deaf and the Blind.

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  • CS/CS/SB 1280, Committee Substitute 2 Posted 4/22/2004 at 1:58 PM

    Bill Text:   Web Page | PDF
    Analyses:   Appropriations (Post-Meeting) 4/20/2004 (pdf)

    Floor Amendments (9)

    Amendment Sponsor Filed Last Floor Action Format
    313564 - Amendment
    Peaden 4/27/2004
    12:27 AM
    Web Page
    PDF
    700986 - Amendment
    Peaden 4/27/2004
    12:28 AM
    Web Page
    PDF
    304346 - Amendment
    Peaden 4/27/2004
    12:28 AM
    Web Page
    PDF
    810476 - Amendment
    Peaden 4/27/2004
    12:29 AM
    Web Page
    PDF
    582048 - Amendment
    Lynn 4/27/2004
    12:29 AM
    Web Page
    PDF
    135396 - Amendment
    Peaden 4/27/2004
    9:34 AM
    Web Page
    PDF
    823992 - Amendment
    Cowin 4/27/2004
    10:51 AM
    Web Page
    PDF
    394374 - Amendment
    Lynn 4/27/2004
    1:08 PM
    Web Page
    PDF
    604600 - Amendment
    Smith 4/27/2004
    2:51 PM
    Web Page
    PDF

    Citations - Statutes (59)

    Citation Catchline Location in Bill Location In Bill Help
    20.19 Department of Children and Family Services.
    20.197
    92.53 Videotaping of testimony of victim or witness under age 16 or person with mental retardation.
    110.1127 Employee security checks.
    393.063 Definitions.
    393.064 Prevention.
    393.0641 Program for the prevention and treatment of severe self-injurious behavior.
    393.065 Application and eligibility determination.
    393.0651 Family or individual support plan.
    393.0655 Screening of direct service providers.
    393.066 Community services and treatment for persons who are developmentally disabled.
    393.0661 Home and community-based services delivery system; comprehensive redesign.
    393.067 Licensure of residential facilities and comprehensive transitional education programs.
    393.0673 Denial, suspension, revocation of license; moratorium on admissions; administrative fines; procedures.
    393.0675 Injunctive proceedings authorized.
    393.0678 Receivership proceedings.
    393.068 Family care program.
    393.0695 Provision of in-home subsidies.
    393.071 Client fees.
    393.075 General liability coverage.
    393.11 Involuntary admission to residential services.
    393.115 Discharge.
    393.12 Capacity; appointment of guardian advocate.
    393.125 Hearing rights.
    393.13 Personal treatment of persons who are developmentally disabled.
    393.135
    393.14 Multiyear plan.
    393.15 Legislative intent; Community Resources Development Trust Fund.
    393.165 Legislative findings.
    393.166 Home for special services; licensure; standards.
    393.17 Behavioral programs; certification of behavior analysts; fees.
    393.22 Transfer of appropriations; barriers to services; financial commitment to programs.
    393.501 Rulemaking.
    393.502 Family care councils.
    393.503 Respite and family care subsidy expenditures; funding.
    393.505 Comprehensive day treatment services; demonstration projects.
    393.506 Administration of medication.
    394.4572 Screening of mental health personnel.
    394.4593
    397.405 Exemptions from licensure.
    397.451 Background checks of service provider personnel.
    400.464 Home health agencies to be licensed; expiration of license; exemptions; unlawful acts; penalties.
    400.509 Registration of particular service providers exempt from licensure; certificate of registration; regulation of registrants.
    402.302 Definitions.
    408.301 Legislative findings.
    408.302 Interagency agreement.
    409.175 Licensure of family foster homes, residential child-caring agencies, and child-placing agencies; public records exemption.
    409.906 Optional Medicaid services.
    419.001 Site selection of community residential homes.
    435.03 Level 1 screening standards.
    435.04 Level 2 screening standards.
    435.07 Exemptions from disqualification.
    914.16 Child abuse and sexual abuse of victims under age 16 or persons with mental retardation; limits on interviews.
    914.17 Appointment of advocate for victims or witnesses who are minors or persons with mental retardation.
    916.1075
    918.16 Sex offenses; testimony of person under age 16 or person with mental retardation; testimony of victim; courtroom cleared; exceptions.
    943.0585 Court-ordered expunction of criminal history records.
    943.059 Court-ordered sealing of criminal history records.
    985.407 Departmental contracting powers; personnel standards and screening.

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  • CS/SB 1280, Committee Substitute 1 Posted 4/14/2004 at 4:14 PM

    Bill Text:   Web Page | PDF
    Analyses:   Children and Families (Post-Meeting) 4/13/2004 (pdf)

    Committee Votes (1)

    Date Committee Result
    4/20/2004 3:30 PM Appropriations 16 Yeas - 0 Nays

    Citations - Statutes (55)

    Citation Catchline Location in Bill Location In Bill Help
    20.19 Department of Children and Family Services.
    20.197
    92.53 Videotaping of testimony of victim or witness under age 16 or person with mental retardation.
    110.1127 Employee security checks.
    393.063 Definitions.
    393.064 Prevention.
    393.0641 Program for the prevention and treatment of severe self-injurious behavior.
    393.065 Application and eligibility determination.
    393.0651 Family or individual support plan.
    393.0655 Screening of direct service providers.
    393.066 Community services and treatment for persons who are developmentally disabled.
    393.0661 Home and community-based services delivery system; comprehensive redesign.
    393.067 Licensure of residential facilities and comprehensive transitional education programs.
    393.0673 Denial, suspension, revocation of license; moratorium on admissions; administrative fines; procedures.
    393.0675 Injunctive proceedings authorized.
    393.0678 Receivership proceedings.
    393.068 Family care program.
    393.0695 Provision of in-home subsidies.
    393.071 Client fees.
    393.075 General liability coverage.
    393.11 Involuntary admission to residential services.
    393.115 Discharge.
    393.12 Capacity; appointment of guardian advocate.
    393.125 Hearing rights.
    393.13 Personal treatment of persons who are developmentally disabled.
    393.14 Multiyear plan.
    393.15 Legislative intent; Community Resources Development Trust Fund.
    393.165 Legislative findings.
    393.166 Home for special services; licensure; standards.
    393.17 Behavioral programs; certification of behavior analysts; fees.
    393.22 Transfer of appropriations; barriers to services; financial commitment to programs.
    393.501 Rulemaking.
    393.502 Family care councils.
    393.503 Respite and family care subsidy expenditures; funding.
    393.505 Comprehensive day treatment services; demonstration projects.
    393.506 Administration of medication.
    394.4572 Screening of mental health personnel.
    397.405 Exemptions from licensure.
    397.451 Background checks of service provider personnel.
    400.464 Home health agencies to be licensed; expiration of license; exemptions; unlawful acts; penalties.
    400.509 Registration of particular service providers exempt from licensure; certificate of registration; regulation of registrants.
    402.302 Definitions.
    408.301 Legislative findings.
    408.302 Interagency agreement.
    409.175 Licensure of family foster homes, residential child-caring agencies, and child-placing agencies; public records exemption.
    409.906 Optional Medicaid services.
    419.001 Site selection of community residential homes.
    435.03 Level 1 screening standards.
    435.07 Exemptions from disqualification.
    914.16 Child abuse and sexual abuse of victims under age 16 or persons with mental retardation; limits on interviews.
    914.17 Appointment of advocate for victims or witnesses who are minors or persons with mental retardation.
    918.16 Sex offenses; testimony of person under age 16 or person with mental retardation; testimony of victim; courtroom cleared; exceptions.
    943.0585 Court-ordered expunction of criminal history records.
    943.059 Court-ordered sealing of criminal history records.
    985.407 Departmental contracting powers; personnel standards and screening.

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  • SB 1280, Original Filed Version Posted 12/15/2003 at 1:12 PM

    Bill Text:   Web Page | PDF
    Analyses:   None

    Committee Votes (1)

    Date Committee Result
    4/13/2004 2:45 PM Children and Families 7 Yeas - 0 Nays

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