CS/CS/HB 1823: Developmental Services/Mental Health
GENERAL BILL by The Future of Florida's Families ; (CO-INTRODUCERS) Kallinger ; Murman
Developmental Services/Mental Health; 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; amends provisions re background screening requirements for various personnel; establishes Agency for Persons with Disabilities for purpose of providing services to persons with developmental disabilities, including institutional services, etc. Amends FS.
Effective Date: 07/01/2004 except as otherwise provided
Last Action: 5/28/2004 - Approved by Governor; Chapter No. 2004-267; See also HB 1837 (Ch. 2004-269)
Bill Text: Web Page | PDF
Last Action: 5/28/2004 - Approved by Governor; Chapter No. 2004-267; See also HB 1837 (Ch. 2004-269)
Bill Text: Web Page | PDF
Bill History
| Date | Chamber | Action |
|---|---|---|
| 3/23/2004 | House |
• Filed; Introduced -HJ 00306 |
| 3/30/2004 | House |
• Referred to Public Safety & Crime Prevention; Appropriations -HJ 00354; On Committee agenda-- Public Safety & Crime Prevention, 04/01/04, 8:45 am, Morris Hall |
| 4/1/2004 | House |
• Favorable with CS amendment by Public Safety & Crime Prevention; YEAS 14 NAYS 0 -HJ 00480 |
| 4/12/2004 | House |
• Pending review of CS under Rule 6.3(b) |
| 4/13/2004 | House |
• Now in Appropriations -HJ 00480 |
| 4/22/2004 | House |
• On Committee agenda-- Appropriations, 04/23/04, 8:30 am, 212-K |
| 4/23/2004 | House |
• Placed on Special Order Calendar --If received; Favorable with CS amendment by- Appropriations; YEAS 41 NAYS 0 -HJ 00816 |
| 4/25/2004 | House |
• Pending review of CS -under Rule 6.3(b) |
| 4/26/2004 | House |
• Placed on Calendar -HJ 00816; Placed on Special Order Calendar; Read second time -HJ 00796; Amendment(s) adopted -HJ 00799; Ordered engrossed -HJ 00799 |
| 4/28/2004 | House |
• Read third time -HJ 00884; Passed as amended; YEAS 116 NAYS 0 -HJ 00885 |
| 4/28/2004 | Senate |
• In Messages |
| 4/29/2004 | Senate |
• Received, referred to Appropriations; Rules and Calendar -SJ 01394; Withdrawn from Appropriations; Rules and Calendar -SJ 01373; Substituted for CS/CS/SB 1280 -SJ 01374; Read second and third times -SJ 01373; Passed; YEAS 39 NAYS 0 -SJ 01374 |
| 4/29/2004 | House |
• Ordered enrolled -HJ 01141 |
| 5/18/2004 |
• Signed by Officers and presented to Governor |
|
| 5/28/2004 |
• Approved by Governor; Chapter No. 2004-267; See also HB 1837 (Ch. 2004-269) |
Related Bills
| Bill Number | Subject | Filed By | Relationship | Last Action and Location |
|---|---|---|---|---|
| S 1280 (e1) | Children & Family Services Dept. | Peaden | Similar | Last Action: 4/29/2004 S 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) |
| 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 |
| 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) | |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
Bill Text
| Version | Posted | Format |
|---|---|---|
| H 1823 Filed | 3/23/2004 5:47 PM | Web Page | PDF |
| H 1823 c1 | 4/12/2004 9:56 AM | Web Page | PDF |
| H 1823 c2 | 4/26/2004 12:35 AM | Web Page | PDF |
| H 1823 e1 | 4/26/2004 7:49 PM | Web Page | PDF |
| H 1823 er | 5/3/2004 11:52 AM | Web Page | PDF |
Committee Amendments
No Committee Amendments Available
Floor Amendments
Bill Analyses
| Type | Analysis | Author | Posted | Format |
|---|---|---|---|---|
| Bill Analysis | H 1823 | Appropriations (Post-Meeting) | ||
| Bill Analysis | H 1823 | Appropriations (Post-Meeting) | ||
| Bill Analysis | H 1823 | The Future of Florida's Families (Post-Meeting) | ||
| Bill Analysis | H 1823 | Public Safety & Crime Prevention (Post-Meeting) | ||
| Bill Analysis | H 1823 | Public Safety & Crime Prevention (Post-Meeting) |
Vote History - Committee
No Committee Vote History AvailableVote History - Floor
| Vote | Date | Chamber | Result |
|---|---|---|---|
| H 1823 e1 | 4/28/2004 3:16 PM | House | 116 Yeas - 0 Nays |
| H 1823 e1 | 4/29/2004 3:00 PM | Senate | 39 Yeas - 0 Nays |
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. |
Citations - Constitution (0)
No Constitutional citations.
Citations - Chapter Law (0)
No Chapter Law citations.
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