Amendment

Bill No. 1823

Amendment No. 294519

CHAMBER ACTION
Senate		House
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1	Representative Murman offered the following:
2
3	Amendment (with title amendment)
4	Remove line 3815 and insert:
5	Section 70.  Paragraph (b) of subsection (4) of section
6	20.19, Florida Statutes, is amended to read:
7	20.19  Department of Children and Family Services.--There
8	is created a Department of Children and Family Services.
9	(4)  PROGRAM OFFICES AND SUPPORT OFFICES.--
10	(b)  The following program offices are established:
11	1.  Adult Services.
12	2.  Child Care Services.
13	3.  Developmental Disabilities.
14	3.4.  Economic Self-Sufficiency Services.
15	4.5.  Family Safety.
16	5.6.  Mental Health.
17	6.7.  Refugee Services.
18	7.8.  Substance Abuse.
19	Section 71.  Section 20.197, Florida Statutes, is created
20	to read:
21	20.197  Agency for Persons with Disabilities.--There is
22	created the Agency for Persons with Disabilities, housed within
23	the Department of Children and Family Services for
24	administrative purposes only. The agency shall be a separate
25	budget entity not subject to control, supervision, or direction
26	by the Department of Children and Family Services in any manner,
27	including, but not limited to, personnel, purchasing,
28	transactions involving real or personal property, and budgetary
29	matters.
30	(1)  The director of the agency shall be the agency head
31	for all purposes and shall be appointed by the Governor and
32	serve at the pleasure of the Governor. The director shall
33	administer the affairs of the agency and establish
34	administrative units as needed and may, within available
35	resources, employ assistants, professional staff, and other
36	employees as necessary to discharge the powers and duties of the
37	agency.
38	(2)  The agency shall be responsible for the provision of
39	all services provided to persons with developmental disabilities
40	pursuant to chapter 393, including the operation of all state
41	institutional programs and the programmatic management of
42	Medicaid waivers established to provide services to persons with
43	developmental disabilities.
44	(3)  The agency shall engage in such other administrative
45	activities as are deemed necessary to effectively and
46	efficiently address the needs of the agency's clients.
47	(4)  The agency shall enter into an interagency agreement
48	that delineates the responsibilities of the Agency for Health
49	Care Administration for the following:
50	(a)  The terms, and execution of contracts with Medicaid
51	providers for the provision of services provided through
52	Medicaid, including federally approved waiver programs.
53	(b)  The billing, payment, and reconciliation of claims for
54	Medicaid services reimbursed by the agency.
55	(c)  The implementation of utilization management measures,
56	including the prior authorization of services plans and the
57	streamlining and consolidation of waivers services, to ensure
58	the cost-effective provision of needed Medicaid services and to
59	maximize the number of persons with access to such services.
60	(d)  A system of approving each client's plan of care to
61	ensure that the services on the plan of care are those that
62	without which the client would require the services of an
63	intermediate care facility for the developmentally disabled.
64	Section 72.  Section 393.063, Florida Statutes, is amended
65	to read:
66	393.063  Definitions.--For the purposes of this chapter:
67	(1)  "Active treatment" means the provision of services by
68	an interdisciplinary team necessary to maximize a client's
69	individual independence or prevent regression or loss of
70	functional status.
71	(1)(2)  "Agency" means the Agency for Persons with
72	Disabilities Health Care Administration.
73	(2)(3)  "Autism" means a pervasive, neurologically based
74	developmental disability of extended duration which causes
75	severe learning, communication, and behavior disorders with age
76	of onset during infancy or childhood. Individuals with autism
77	exhibit impairment in reciprocal social interaction, impairment
78	in verbal and nonverbal communication and imaginative ability,
79	and a markedly restricted repertoire of activities and
80	interests.
81	(3)(4)  "Cerebral palsy" means a group of disabling
82	symptoms of extended duration which results from damage to the
83	developing brain that may occur before, during, or after birth
84	and that results in the loss or impairment of control over
85	voluntary muscles.  For the purposes of this definition,
86	cerebral palsy does not include those symptoms or impairments
87	resulting solely from a stroke.
88	(4)(5)  "Client" means any person determined eligible by
89	the agency department for developmental services under this
90	chapter.
91	(5)(6)  "Client advocate" means a friend or relative of the
92	client, or of the client's immediate family, who advocates for
93	the best interests of the client in any proceedings under this
94	chapter in which the client or his or her family has the right
95	or duty to participate.
96	(6)(7)  "Comprehensive assessment" means the process which
97	is used to determine eligibility for developmental services
98	under this chapter and develop the family or individual support
99	plan. The term includes review and evaluation of information
100	provided by the applicant, the individual receiving supports or
101	services through developmental services, or the family, and
102	others providing supports or services to the individual or
103	family, as well as the use of formal assessment instruments.
104	(7)(8)  "Comprehensive transitional education program"
105	means a group of jointly operating centers or units, the
106	collective purpose of which is to provide a sequential series of
107	educational care, training, treatment, habilitation, and
108	rehabilitation services to persons who have developmental
109	disabilities, as defined in subsection (12), and who have severe
110	or moderate maladaptive behaviors.  However, nothing in this
111	subsection shall require such comprehensive transitional
112	education programs to provide services only to persons with
113	developmental disabilities, as defined in subsection (12). All
114	such services shall be temporary in nature and delivered in a
115	structured residential setting with the primary goal of
116	incorporating the normalization principle to establish permanent
117	residence for persons with maladaptive behaviors in facilities
118	not associated with the comprehensive transitional education
119	program.  The staff shall include psychologists and teachers
120	who, and such staff personnel shall be available to provide
121	services in each component center or unit of the program. The
122	psychologists shall be individuals who are licensed in this
123	state and certified as behavior analysts in this state, or
124	individuals who meet the professional requirements established
125	by the department for district behavior analysts and are
126	certified as behavior analysts pursuant to s. 393.17 in this
127	state.
128	(a)  Comprehensive transitional education programs shall
129	include a minimum of two component centers or units, as defined
130	in this paragraph, one of which shall be either an intensive
131	treatment and educational center or a transitional training and
132	educational center, which provide services to persons with
133	maladaptive behaviors in the following sequential order:
134	1.  Intensive treatment and educational center.  This
135	component is a self-contained residential unit providing
136	intensive psychological and educational programming for persons
137	with severe maladaptive behaviors, whose behaviors preclude
138	placement in a less restrictive environment due to the threat of
139	danger or injury to themselves or others.
140	2.  Transitional training and educational center.  This
141	component is a residential unit for persons with moderate
142	maladaptive behaviors, providing concentrated psychological and
143	educational programming emphasizing a transition toward a less
144	restrictive environment.
145	3.  Community transition residence.  This component is a
146	residential center providing educational programs and such
147	support services, training, and care as are needed to assist
148	persons with maladaptive behaviors to avoid regression to more
149	restrictive environments while preparing them for more
150	independent living. Continuous-shift staff shall be required for
151	this component.
152	4.  Alternative living center.  This component is a
153	residential unit providing an educational and family living
154	environment for persons with maladaptive behaviors, in a
155	moderately unrestricted setting.  Residential staff shall be
156	required for this component.
157	5.  Independent living education center.  This component is
158	a facility providing a family living environment for persons
159	with maladaptive behaviors, in a largely unrestricted setting
160	which includes education and monitoring appropriate to support
161	the development of independent living skills by the students.
162	(b)  Centers or units that are components of a
163	comprehensive transitional education program are subject to the
164	license issued to the comprehensive transitional education
165	program and may be located on either single or multiple sites.
166	(c)  Comprehensive transitional education programs shall
167	develop individual education plans for each person with
168	maladaptive behaviors who receives services therein.  Such
169	individual education plans shall be developed in accordance with
170	the criteria specified included in Pub. L. No. 94-142, 20 U.S.C.
171	ss. 401 et seq., and 34 C.F.R. part 300.
172	(d)  In no instance shall the total number of persons with
173	maladaptive behaviors being provided services in a comprehensive
174	transitional education program exceed 120.
175	(e)  This subsection shall authorize licensure for
176	comprehensive transitional education programs which by July 1,
177	1989:
178	1.  Are in actual operation; or
179	2.  Own a fee simple interest in real property for which a
180	county or city government has approved zoning allowing for the
181	placement of the facilities described in this subsection, and
182	have registered an intent with the department to operate a
183	comprehensive transitional education program. However, nothing
184	shall prohibit the assignment by such a registrant to another
185	entity at a different site within the state, so long as there is
186	compliance with all criteria of the comprehensive transitional
187	education program and local zoning requirements and provided
188	that each residential facility within the component centers or
189	units of the program authorized under this subparagraph shall
190	not exceed a capacity of 15 persons.
191	(9)  "Day service" means the care, protection, and
192	supervision of a client for a period of less than 24 hours a day
193	on a regular basis which supplements for the client, in
194	accordance with his or her individual needs, daily care,
195	enrichment opportunities, and health supervision.
196	(8)(10)  "Day habilitation facility" means any
197	nonresidential facility which provides day habilitation
198	services.
199	(9)  "Day habilitation service" means assistance with the
200	acquisition, retention, or improvement in self-help,
201	socialization, and adaptive skills which takes place in a
202	nonresidential setting, separate from the home or facility in
203	which the individual resides. Day habilitation services shall
204	focus on enabling the individual to attain or maintain his or
205	her maximum functional level and shall be coordinated with any
206	physical, occupational, or speech therapies listed in the plan
207	of care.
208	(11)  "Department" means the Department of Children and
209	Family Services.
210	(10)(12)  "Developmental disability" means a disorder or
211	syndrome that is attributable to retardation, cerebral palsy,
212	autism, spina bifida, or Prader-Willi syndrome and that
213	constitutes a substantial handicap that can reasonably be
214	expected to continue indefinitely.
215	(11)(13)  "Developmental disabilities services institution"
216	means a state-owned and state-operated facility, formerly known
217	as a "Sunland Center," providing for the care, habilitation, and
218	rehabilitation of clients with developmental disabilities.
219	(14)  "Developmental training facility" means any
220	nonresidential facility which provides basic training and
221	habilitation to clients.
222	(12)(15)  "Direct service provider," also known as
223	"caregiver" in chapters 39 and 415 or "caretaker" in provisions
224	relating to employment security checks, means a person 18 years
225	of age or older who has direct contact with individuals with
226	developmental disabilities, or has access to a client's living
227	areas or to a client's funds or personal property, and is not a
228	relative of such unrelated to the individuals with developmental
229	disabilities.
230	(a)  The term "direct service provider" also includes any
231	person, including members of the direct service provider's
232	family, over 12 years of age who resides with the direct service
233	provider when:
234	1.  The direct service provider provides supports or
235	services in his or her residence;
236	2.  The direct service provider provides supports or
237	services in a facility adjacent to his or her residence; or
238	3.  The person residing with the direct service provider
239	has direct contact with the individual with developmental
240	disabilities during the hours of provision of supports or
241	services.
242	(b)  Persons residing with the direct service provider,
243	including family members, who are between the ages of 12 years
244	and 18 years are not required to be fingerprinted, but shall be
245	screened for delinquency records.
246	(c)  A volunteer who assists on an intermittent basis for
247	less than 40 hours per month is not a direct service provider
248	for the purposes of screening if the volunteer is under the
249	direct and constant supervision of persons who meet the
250	personnel requirements of s. 393.0655.
251	(d)  A physician, nurse, or other professional licensed and
252	regulated by the Department of Business and Professional
253	Regulation is not a direct service provider for the purposes of
254	screening if the service he or she is providing to a client is
255	within the scope of practice for which he or she is licensed.
256	(e)  A person selected by the family or the individual with
257	developmental disabilities and paid by the family or the
258	individual to provide supports or services is not a direct
259	service provider for the purpose of screening.
260	(16)  "District" means a service district of the
261	department.
262	(13)(17)  "Domicile" means the place where a client legally
263	resides, which place is his or her permanent home.  Domicile may
264	be established as provided in s. 222.17.  Domicile may not be
265	established in Florida by a minor who has no parent domiciled in
266	Florida, or by a minor who has no legal guardian domiciled in
267	Florida, or by any alien not classified as a resident alien.
268	(14)(18)  "Enclave" means a work station in public or
269	private business or industry where a small group of persons with
270	developmental disabilities is employed and receives training and
271	support services or follow-along services among nonhandicapped
272	workers.
273	(15)(19)  "Epilepsy" means a chronic brain disorder of
274	various causes which is characterized by recurrent seizures due
275	to excessive discharge of cerebral neurons.  When found
276	concurrently with retardation, autism, or cerebral palsy,
277	epilepsy is considered a secondary disability for which the
278	client is eligible to receive services to ameliorate this
279	condition pursuant according to the provisions of this chapter.
280	(16)(20)  "Express and informed consent" means consent
281	voluntarily given in writing with sufficient knowledge and
282	comprehension of the subject matter involved to enable the
283	person giving consent to make an understanding and enlightened
284	decision without any element of force, fraud, deceit, duress, or
285	other form of constraint or coercion.
286	(17)(21)  "Family care program" means the program
287	established in s. 393.068 an alternative to residential
288	placement, in which a direct service provider provides a home
289	for a client and assists him or her to the extent necessary for
290	the client to participate in normal activities and to meet the
291	demands of daily living. The program provides the support needed
292	by the client's family or caretaker to meet the individual needs
293	of the client.
294	(18)(22)  "Follow-along services" means those support
295	services which shall be provided to persons with developmental
296	disabilities in all supported employment programs and may
297	include, but are not limited to, family support, assistance in
298	meeting transportation and medical needs, employer intervention,
299	performance evaluation, advocacy, replacement, retraining or
300	promotional assistance, or other similar support services.
301	(19)(23)  "Foster care facility" means a residential
302	facility which provides a family living environment including
303	supervision and care necessary to meet the physical, emotional,
304	and social needs of its residents. The capacity of such a
305	facility shall not be more than three residents.
306	(20)(24)  "Group home facility" means a residential
307	facility which provides a family living environment including
308	supervision and care necessary to meet the physical, emotional,
309	and social needs of its residents.  The capacity of such a
310	facility shall be at least 4 residents but not more than 15
311	residents.  For the purposes of this chapter, group home
312	facilities shall not be considered commercial enterprises.
313	(21)(25)  "Guardian advocate" means a person appointed by
314	the circuit court to represent a person with developmental
315	disabilities in any proceedings brought pursuant to s. 393.12,
316	and excludes the use of the same term as applied to a guardian
317	advocate for mentally ill persons in chapter 394.
318	(22)(26)  "Habilitation" means the process by which a
319	client is assisted to acquire and maintain those life skills
320	which enable the client to cope more effectively with the
321	demands of his or her condition and environment and to raise the
322	level of his or her physical, mental, and social efficiency. It
323	includes, but is not limited to, programs of formal structured
324	education and treatment.
325	(23)(27)  "High-risk child" means, for the purposes of this
326	chapter, a child from birth to 5 years of age with one or more
327	of the following characteristics:
328	(a)  A developmental delay in cognition, language, or
329	physical development.
330	(b)  A child surviving a catastrophic infectious or
331	traumatic illness known to be associated with developmental
332	delay, when funds are specifically appropriated.
333	(c)  A child with a parent or guardian with developmental
334	disabilities who is developmentally disabled and who requires
335	assistance in meeting the child's developmental needs.
336	(d)  A child who has a physical or genetic anomaly
337	associated with developmental disability.
338	(24)(28)  "Intermediate care facility for the
339	developmentally disabled" or "ICF/DD" means a residential
340	facility licensed and certified pursuant to part XI of chapter
341	400 in accordance with state law, and certified by the Federal
342	Government pursuant to the Social Security Act, as a provider of
343	Medicaid services to persons who are developmentally disabled.
344	The capacity of such a facility shall not be more than 120
345	clients.
346	(25)(29)  "Job coach" means a person who provides
347	employment-related training at a work site to individuals with
348	developmental disabilities.
349	(26)(30)  "Medical/dental services" means those services
350	which are provided or ordered for a client by a person licensed
351	pursuant to the provisions of chapter 458, chapter 459, or
352	chapter 466.  Such services may include, but are not limited to,
353	prescription drugs, specialized therapies, nursing supervision,
354	hospitalization, dietary services, prosthetic devices, surgery,
355	specialized equipment and supplies, adaptive equipment, and
356	other services as required to prevent or alleviate a medical or
357	dental condition.
358	(27)(31)  "Mobile work crew" means a group of workers
359	employed by an agency that provides services outside the agency,
360	usually under service contracts.
361	(28)(32)  "Normalization principle" means the principle of
362	letting the client obtain an existence as close to the normal as
363	possible, making available to the client patterns and conditions
364	of everyday life which are as close as possible to the norm and
365	patterns of the mainstream of society.
366	(29)(33)  "Personal services" include, but are not limited
367	to, such services as: individual assistance with or supervision
368	of essential activities of daily living for self-care, including
369	ambulation, bathing, dressing, eating, grooming, and toileting,
370	and other similar services that which the agency department may
371	define by rule. "Personal services" shall not be construed to
372	mean the provision of medical, nursing, dental, or mental health
373	services by the staff of a facility, except as provided in this
374	chapter. In addition, an emergency response device installed in
375	the apartment or living area of a resident shall not be
376	classified as a personal service.
377	(30)(34)  "Prader-Willi syndrome" means an inherited
378	condition typified by neonatal hypotonia with failure to thrive,
379	hyperphagia or an excessive drive to eat which leads to obesity
380	usually at 18 to 36 months of age, mild to moderate retardation,
381	hypogonadism, short stature, mild facial dysmorphism, and a
382	characteristic neurobehavior.
383	(31)(35)  "Reassessment" means a process which periodically
384	develops, through annual review and revision of a client's
385	family or individual support plan, a knowledgeable statement of
386	current needs and past development for each client.
387	(36)  "Rehabilitation workshop facility" means a place
388	operated by a for-profit or nonprofit agency engaged in the
389	manufacture or production of products or provision of services,
390	which provides gainful rehabilitation to severely handicapped
391	persons until such persons can become employed or which provides
392	gainful work to persons who are developmentally disabled.
393	(32)(37)  "Relative" means an individual who is connected
394	by affinity or consanguinity to the client and who is 18 years
395	of age or more.
396	(33)(38)  "Resident" means any person who is
397	developmentally disabled residing at a residential facility in
398	the state, whether or not such person is a client of the agency
399	department.
400	(34)(39)  "Residential facility" means a facility providing
401	room and board and personal care for persons with developmental
402	disabilities.
403	(35)  "Residential habilitation" means assistance provided
404	with acquisition, retention, or improvement in skills related to
405	activities of daily living, such as personal grooming and
406	cleanliness, bedmaking and household chores, eating and the
407	preparation of food, and the social and adaptive skills
408	necessary to enable the individual to reside in a
409	noninstitutional setting.
410	(36)(40)  "Residential habilitation center" means a
411	community residential facility that provides residential
412	habilitation. operated primarily for the diagnosis, treatment,
413	habilitation, or rehabilitation of its residents, which facility
414	provides, in a structured residential setting, individualized
415	continuing evaluation, planning, 24-hour supervision, and
416	coordination and integration of health or rehabilitative
417	services to help each resident reach his or her maximum
418	functioning capabilities. The capacity of such a facility shall
419	not be fewer less than nine residents. After October 1, 1989, no
420	new residential habilitation centers shall be licensed and the
421	licensed capacity shall not be increased for any existing
422	residential habilitation center.
423	(37)(41)  "Respite service" means appropriate, short-term,
424	temporary care that is provided to a person with developmental
425	disabilities to meet the planned or emergency needs of the
426	person with developmental disabilities or the family or other
427	direct service provider.
428	(38)(42)  "Retardation" means significantly subaverage
429	general intellectual functioning existing concurrently with
430	deficits in adaptive behavior and manifested during the period
431	from conception to age 18. "Significantly subaverage general
432	intellectual functioning," for the purpose of this definition,
433	means performance which is two or more standard deviations from
434	the mean score on a standardized intelligence test specified in
435	the rules of the agency department.  "Adaptive behavior," for
436	the purpose of this definition, means the effectiveness or
437	degree with which an individual meets the standards of personal
438	independence and social responsibility expected of his or her
439	age, cultural group, and community.
440	(43)  "Screening," for purposes of employment, contracting,
441	or certification, means the act of assessing the background of
442	direct service providers and independent support coordinators,
443	who are not related to clients for whom they provide services,
444	and includes, but is not limited to, employment history checks,
445	local criminal records checks through local law enforcement
446	agencies, fingerprinting for all purposes and checks in this
447	subsection, statewide criminal records checks through the
448	Department of Law Enforcement, and federal criminal records
449	checks through the Federal Bureau of Investigation; except that
450	screening for volunteers included under the definition of
451	personnel includes only local criminal records checks through
452	local law enforcement agencies for current residence and
453	residence immediately prior to employment as a volunteer, if
454	different; and statewide criminal records correspondence checks
455	through the Department of Law Enforcement.
456	(39)(44)  "Severe self-injurious behavior" means any
457	chronic behavior that results in injury to the person's own
458	body, which includes, but is not limited to, self-hitting, head
459	banging, self-biting, scratching, and the ingestion of harmful
460	or potentially harmful nutritive or nonnutritive substances.
461	(40)(45)  "Specialized therapies" means those treatments or
462	activities prescribed by and provided by an appropriately
463	trained, licensed, or certified professional or staff person and
464	may include, but are not limited to, physical therapy, speech
465	therapy, respiratory therapy, occupational therapy, behavior
466	therapy, physical management services, and related specialized
467	equipment and supplies.
468	(41)(46)  "Spina bifida" means, for purposes of this
469	chapter, a person with a medical diagnosis of spina bifida
470	cystica or myelomeningocele.
471	(42)(47)  "Support coordinator" means a person who is
472	designated by the agency department to assist individuals and
473	families in identifying their desires, capacities, needs, and
474	resources, as well as finding and gaining access to necessary
475	supports and services; coordinating the delivery of supports and
476	services; advocating on behalf of the individual and family;
477	maintaining relevant records; and monitoring and evaluating the
478	delivery of supports and services to determine the extent to
479	which they meet the needs and expectations identified by the
480	individual, family, and others who participated in the
481	development of the support plan.
482	(43)(48)  "Supported employee" means a person whose
483	developmental disability has traditionally kept him or her from
484	integrated, community-based employment and who requires and
485	receives supported employment ongoing support or follow-along
486	services in order to maintain community-based employment.
487	(44)(49)  "Supported employment" means employment located
488	or provided in a normal employment setting which provides at
489	least 20 hours employment per week in an integrated work
490	setting, with earnings paid on a commensurate wage basis, and
491	for which continued support is or follow-along services are
492	needed for continuing job maintenance.
493	(45)(50)  "Supported living" means a category of
494	individually determined services designed and coordinated in
495	such a manner as to provide assistance to adult clients who
496	require ongoing supports to live as independently as possible in
497	their own homes, to be integrated into the community, and to
498	participate in community life to the fullest extent possible.
499	(46)(51)  "Training" means a planned approach to assisting
500	a client to attain or maintain his or her maximum potential and
501	includes services ranging from sensory stimulation to
502	instruction in skills for independent living and employment.
503	(47)(52)  "Treatment" means the prevention, amelioration,
504	or cure of a client's physical and mental disabilities or
505	illnesses.
506	Section 73.  Subsections (1), (3), (4), and (5) of section
507	393.064, Florida Statutes, are amended to read:
508	393.064  Prevention.--
509	(1)  The agency Department of Children and Family Services
510	shall give priority to the development, planning, and
511	implementation of programs which have the potential to prevent,
512	correct, cure, or reduce the severity of developmental
513	disabilities.  The agency department shall direct an interagency
514	interdepartmental and interprogram effort for the continued
515	development of a prevention plan and program.  The agency
516	department shall identify, through demonstration projects,
517	through departmental program evaluation, and through monitoring
518	of programs and projects conducted outside of the agency
519	department, any medical, social, economic, or educational
520	methods, techniques, or procedures that which have the potential
521	to effectively ameliorate, correct, or cure developmental
522	disabilities.  The program department shall determine the costs
523	and benefits that would be associated with such prevention
524	efforts and shall implement, or recommend the implementation of,
525	those methods, techniques, or procedures which are found likely
526	to be cost-beneficial.  The department in its legislative budget
527	request shall identify funding needs for such prevention
528	programs.
529	(3)  Other agencies of state government shall cooperate
530	with and assist the agency department, within available
531	resources, in implementing programs which have the potential to
532	prevent, or reduce the severity of, developmental disabilities
533	and shall consider the findings and recommendations of the
534	agency department in developing and implementing agency programs
535	and formulating agency budget requests.
536	(4)  There is created at the developmental services
537	institution in Gainesville a research and education unit.  Such
538	unit shall be named the Raymond C. Philips Research and
539	Education Unit.  The functions of such unit shall include:
540	(a)  Research into the etiology of developmental
541	disabilities.
542	(b)  Ensuring that new knowledge is rapidly disseminated
543	throughout the developmental services program of the agency
544	Department of Children and Family Services.
545	(c)  Diagnosis of unusual conditions and syndromes
546	associated with developmental disabilities in clients identified
547	throughout the developmental services programs.
548	(d)  Evaluation of families of clients with developmental
549	disabilities of genetic origin in order to provide them with
550	genetic counseling aimed at preventing the recurrence of the
551	disorder in other family members.
552	(e)  Ensuring that health professionals in the
553	developmental services institution at Gainesville have access to
554	information systems that will allow them to remain updated on
555	newer knowledge and maintain their postgraduate education
556	standards.
557	(f)  Enhancing staff training for professionals throughout
558	the agency department in the areas of genetics and developmental
559	disabilities.
560	(5)  The agency Department of Children and Family Services
561	shall have the authority, within available resources, to
562	contract for the supervision and management of the Raymond C.
563	Philips Research and Education Unit, and such contract shall
564	include specific program objectives.
565	Section 74.  Section 393.0655, Florida Statutes, is amended
566	to read:
567	393.0655  Screening of direct service providers.--
568	(1)  MINIMUM STANDARDS.--The agency department shall
569	require level 2 employment screening pursuant to chapter 435,
570	using the level 2 standards for screening set forth in that
571	chapter, for direct service providers who are unrelated to their
572	clients, including support coordinators, and managers and
573	supervisors of residential facilities or comprehensive
574	transitional education programs licensed under s. 393.967 and
575	any other person, including volunteers, who provide care or
576	services, who have access to a client's living areas, or who
577	have access to a client's funds or personal property. Background
578	screening shall include employment history checks as provided in
579	s. 435.03(1) and local criminal records checks through local law
580	enforcement agencies.
581	(a)  A volunteer who assists on an intermittent basis for
582	less than 40 hours per month does not have to be screened, if
583	the volunteer is under the direct and constant supervision of
584	persons who meet the screening requirements of this section.
585	(b)  Licensed physicians, nurses, or other professionals
586	licensed and regulated by the Department of Health are not
587	subject to background screening pursuant to this section if they
588	are providing a service that is within their scope of licensed
589	practice.
590	(c)  A person selected by the family or the individual with
591	developmental disabilities and paid by the family or the
592	individual to provide supports or services is not required to
593	have a background screening under this section.
594	(d)  Persons residing with the direct services provider,
595	including family members, are subject to background screening;
596	however, such persons who are 12 to 18 years of age shall be
597	screened for delinquency records only.
598	(2)  EXEMPTIONS FROM DISQUALIFICATION.--The agency
599	department may grant exemptions from disqualification from
600	working with children or adults with developmental disabilities
601	the developmentally disabled as provided in s. 435.07.
602	(3)  PAYMENT FOR PROCESSING OF FINGERPRINTS AND STATE
603	CRIMINAL RECORDS CHECKS.--The costs of processing fingerprints
604	and the state criminal records checks shall be borne by the
605	employer or by the employee or individual who is being screened.
606	(4)  EXCLUSION FROM OWNING, OPERATING, OR BEING EMPLOYED BY
607	A DIRECT SERVICE PROVIDER RESIDENTIAL FACILITY; HEARINGS
608	PROVIDED.--
609	(a)  The agency department shall deny, suspend, terminate,
610	or revoke a license, certification, rate agreement, purchase
611	order, or contract, or pursue other remedies provided in s.
612	393.0673, s. 393.0675, or s. 393.0678 in addition to or in lieu
613	of denial, suspension, termination, or revocation for failure to
614	comply with this section.
615	(b)  When the agency department has reasonable cause to
616	believe that grounds for denial or termination of employment
617	exist, it shall notify, in writing, the employer and the direct
618	service provider affected, stating the specific record which
619	indicates noncompliance with the standards in this section.
620	(c)  The procedures established for hearing under chapter
621	120 shall be available to the employer and the direct service
622	provider in order to present evidence relating either to the
623	accuracy of the basis of exclusion or to the denial of an
624	exemption from disqualification.
625	(d)  Refusal on the part of an employer to dismiss a direct
626	service provider who has been found to be in noncompliance with
627	standards of this section shall result in automatic denial,
628	termination, or revocation of the license, certification, rate
629	agreement, purchase order, or contract, in addition to any other
630	remedies pursued by the agency department.
631	Section 75.  Section 393.066, Florida Statutes, is amended
632	to read:
633	393.066  Community services and treatment for persons who
634	are developmentally disabled.--
635	(1)  The agency Department of Children and Family Services
636	shall plan, develop, organize, and implement its programs of
637	services and treatment for persons who are developmentally
638	disabled along district lines.  The goal of such programs shall
639	be to allow clients to live as independently as possible in
640	their own homes or communities and to achieve productive lives
641	as close to normal as possible.
642	(2)  All programs of services and treatment for clients
643	shall be administered through the districts and shall serve all
644	clients regardless of the type of residential setting in which
645	the client lives.  All elements of community-based services
646	shall be made available, in each service district and
647	eligibility for these services shall be consistent across the
648	state districts.  In addition, all purchased services shall be
649	approved by the agency district.
650	(2)(3)  All services needed shall be purchased instead of
651	provided directly by the agency department, when such
652	arrangement is more cost-efficient than having those services
653	provided directly by the department.
654	(3)(4)  Community-based services that are medically
655	necessary to prevent institutionalization shall, to the extent
656	of available resources, include:
657	(a)  Day habilitation services, including developmental
658	training services.
659	(b)  Family care services.
660	(c)  Guardian advocate referral services.
661	(d)  Medical/dental services, except that medical services
662	shall not be provided to clients with spina bifida except as
663	specifically appropriated by the Legislature.
664	(e)  Parent training.
665	(f)  Recreation.
666	(g)  Residential services.
667	(h)  Respite services.
668	(i)  Social services.
669	(j)  Specialized therapies.
670	(k)  Supported employment, including enclave, job coach,
671	mobile work crew, and follow-along services.
672	(l)  Supported living.
673	(m)  Training, including behavioral programming.
674	(n)  Transportation.
675	(o)  Other habilitative and rehabilitative services as
676	needed.
677
678	Services to clients with spina bifida shall not include medical
679	services except as appropriated by the Legislature.
680	(5)  Provided it is consistent with the intent of the
681	Legislature, the department shall prioritize increased
682	appropriations provided for community-based services for
683	developmentally disabled individuals toward individualized,
684	community-based supports and services for consumers and their
685	families.  Further, the department's 5-year plan for
686	Developmental Services shall reflect a priority toward
687	individualized, community-based supports and services for
688	consumers and their families.
689	(4)(6)  The agency department shall utilize the services of
690	private businesses, not-for-profit organizations, and units of
691	local government whenever such services are more cost-efficient
692	than such services provided directly by the department,
693	including arrangements for provision of residential facilities.
694	(5)(7)  In order to improve the potential for utilization
695	of more cost-effective, community-based residential facilities,
696	the agency department shall promote the statewide development of
697	day habilitation services for clients who live with a direct
698	service provider in a community-based residential facility and
699	who do not require 24-hour-a-day care in a hospital or other
700	health care institution, but who may, in the absence of day
701	habilitation services, require admission to a developmental
702	disabilities services institution. Each day service facility
703	shall provide a protective physical environment for clients,
704	ensure that direct service providers meet the minimum screening
705	standards for good moral character as required contained in s.
706	393.0655, make available to all day habilitation service
707	participants at least one meal on each day of operation, provide
708	facilities to enable participants to obtain needed rest while
709	attending the program, as appropriate, and provide social and
710	educational activities designed to stimulate interest and
711	provide socialization skills.
712	(6)  To promote independence and productivity, the agency
713	shall provide supports and services, within available resources,
714	to assist clients enrolled in Medicaid waivers who choose to
715	pursue gainful employment.
716	(7)(8)  For the purpose of making needed community-based
717	residential facilities available at the least possible cost to
718	the state, the agency department is authorized to lease
719	privately owned residential facilities under long-term rental
720	agreements, if such rental agreements are projected to be less
721	costly to the state over the useful life of the facility than
722	state purchase or state construction of such a facility. In
723	addition, the department is authorized to permit, on any public
724	land to which the department holds the lease, construction of a
725	residential facility for which the department has entered into a
726	long-term rental agreement as specified in this subsection.
727	(8)(9)  The agency department may adopt rules to ensure
728	compliance with federal laws or regulations that apply to
729	services provided pursuant to this section.
730	Section 76.  Section 393.0661, Florida Statutes, is amended
731	to read:
732	393.0661  Home and community-based services delivery
733	system; comprehensive redesign.--The Legislature finds that the
734	home and community-based services delivery system for persons
735	with developmental disabilities and the availability of
736	appropriated funds are two of the critical elements in making
737	services available.  Therefore, it is the intent of the
738	Legislature that the Agency for Persons with Disabilities
739	Department of Children and Family Services shall develop and
740	implement a comprehensive redesign of the system.
741	(1)  The redesign of the home and community-based services
742	system shall include, at a minimum, all actions necessary to
743	achieve an appropriate rate structure, client choice within a
744	specified service package, appropriate assessment strategies, an
745	efficient billing process that contains reconciliation and
746	monitoring components, a redefined role for support coordinators
747	that avoids potential conflicts of interest, and ensures that
748	family/client budgets are linked to levels of need. Prior to the
749	release of funds in the lump-sum appropriation, the department
750	shall present a plan to the Executive Office of the Governor,
751	the House Fiscal Responsibility Council, and the Senate
752	Appropriations Committee. The plan must result in a full
753	implementation of the redesigned system no later than July 1,
754	2003.  At a minimum, the plan must provide that the portions
755	related to direct provider enrollment and billing will be
756	operational no later than March 31, 2003.  The plan must further
757	provide that a more effective needs assessment instrument will
758	be deployed by January 1, 2003, and that all clients will be
759	assessed with this device by June 30, 2003.
760	(a)  In no event may The agency shall use department select
761	an assessment instrument without appropriate evidence that is it
762	will be reliable and valid. Once such evidence has been
763	obtained, however, The agency may contract with department shall
764	determine the feasibility of contracting with an external vendor
765	to apply the new assessment device to all clients receiving
766	services through the Medicaid waiver. In lieu of using an
767	external vendor or, the department may use support coordinators
768	to complete client for the assessments if it develops sufficient
769	safeguards and training to ensure ongoing significantly improve
770	the inter-rater reliability of the support coordinators
771	administering the assessment.
772	(b)  The agency, with the concurrence of the Agency for
773	Health Care Administration, may contract for the determination
774	of medical necessity and establishment of individual budgets.
775	(2)  A provider of services rendered to persons with
776	developmental disabilities pursuant to a federally-approved
777	waiver shall be reimbursed according to a rate methodology based
778	upon an analysis of the expenditure history and prospective
779	costs of providers participating in the waiver program, or under
780	any other methodology developed by the Agency for Health Care
781	Administration, in consultation with the Agency for Persons with
782	Disabilities, and approved by the Federal Government in
783	accordance with the waiver.
784	(3)  Pending the adoption of rate methodologies pursuant to
785	non-emergency rulemaking under s. 120.54, the Agency for Health
786	Care Administration may, at any time, adopt emergency rules
787	under s. 120.54(4) in order to comply with subsection (4). In
788	adopting such emergency rules, the agency need not make the
789	findings required by s. 120.54(4)(a), and such rules shall be
790	exempt from time limitations provided in s. 120.54(4)(c) and
791	shall remain in effect until replaced by another emergency rule
792	or the non-emergency adoption of the rate methodology.
793	(4)  Nothing in this section or in any administrative rule
794	shall be construed to prevent or limit the Agency for Health
795	Care Administration, in consultation with the Agency for Persons
796	with Disabilities, from adjusting fees, reimbursement rates,
797	lengths of stay, number of visits, or number of services, or
798	from limiting enrollment, or making any other adjustment
799	necessary to comply with the availability of moneys and any
800	limitations or directions provided for in the General
801	Appropriations Act. If at any time, based upon an analysis by
802	the Agency for Health Care Administration in consultation with
803	the Agency for Persons with Disabilities, the cost of home and
804	community-based waiver services are expected to exceed the
805	appropriated amount, the Agency for Health Care Administration
806	may implement any adjustment, including provider rate
807	reductions, within 30 days in order to remain within the
808	appropriation.
809	Section 77.  Section 393.068, Florida Statutes, is amended
810	to read:
811	393.068  Family care program.--
812	(1)  The family care program is established for the purpose
813	of providing services and support to families and individuals
814	with developmental disabilities in order to maintain the
815	individual in the home environment and avoid costly out-of-home
816	residential placement.  The Legislature recognizes the
817	importance of family support in the long-range success of
818	deinstitutionalization. Services and support available to
819	families and individuals with developmental disabilities shall
820	emphasize community living and enable individuals with
821	developmental disabilities to enjoy typical lifestyles. Support
822	and flexibility in coordinating support and services are core
823	elements in caring for the individual who is developmentally
824	disabled. One way to accomplish this is to recognize that
825	families are the greatest resource available to individuals who
826	have developmental disabilities and that families must be
827	supported in their role as primary care givers.
828	(2)  Services and support authorized under this program
829	shall, to the extent of available resources, include the
830	services listed under s. 393.066(4) and, in addition, shall
831	include, but not be limited to:
832	(a)  Attendant care.
833	(b)  Barrier-free modifications to the home.
834	(c)  Home visitation by agency workers.
835	(d)  In-home subsidies.
836	(e)  Low-interest loans.
837	(f)  Parent training.
838	(g)  Respite care.
839	(f)(h)  Modifications for vehicles used to transport the
840	individual with a developmental disability.
841	(g)(i)  Facilitated communication.
842	(h)(j)  Family counseling.
843	(i)(k)  Equipment and supplies.
844	(j)(l)  Self-advocacy training.
845	(k)(m)  Roommate services.
846	(l)(n)  Integrated community activities.
847	(m)(o)  Emergency services.
848	(n)(p)  Support coordination.
849	(o)  Supported employment.
850	(p)(q)  Other support services as identified by the family
851	or individual.
852	(2)  Provided it is consistent with the intent of the
853	Legislature, the department shall prioritize increased
854	appropriations provided for family-based services for
855	developmentally disabled individuals toward individualized,
856	family-based supports and services for consumers and their
857	families. Further, the department's 5-year plan for
858	developmental services shall reflect a priority toward
859	individualized, family-based supports and services for consumers
860	and their families.
861	(3)  When it is determined by the agency department to be
862	more cost-effective and in the best interest of the client to
863	maintain such client in the home of a direct service provider,
864	the parent or guardian of the client or, if competent, the
865	client may enroll the client in the family care program. The
866	direct service provider of a client enrolled in the family care
867	program shall be reimbursed according to a rate schedule set by
868	the agency department. In-home subsidies cited in
869	paragraph(1)(d) shall be provided according to s. 393.0695 and
870	are not subject to any other payment method or rate schedule
871	provided for in this section.
872	(4)  All existing community resources available to the
873	client shall be utilized to support program objectives.
874	Additional services may be incorporated into the program as
875	appropriate and to the extent that resources are available. The
876	agency department is authorized to accept gifts and grants in
877	order to carry out the program.
878	(5)  The agency department may contract for the provision
879	of any portion of the services required by the program, except
880	for in-home subsidies cited in paragraph (2)(d) (1)(d), which
881	shall be provided pursuant to s. 393.0695. Otherwise, purchase
882	of service contracts shall be used whenever the services so
883	provided are more cost-efficient than those provided by the
884	agency department.
885	(6)  When possible, services shall be obtained under the
886	"Florida Comprehensive Annual Services Program Plan under Title
887	XX of the Social Security Act" and the "Florida Plan for Medical
888	Assistance under Title XIX of the Social Security Act."
889	(7)  To provide a range of personal services for the
890	client, the use of volunteers shall be maximized.  The agency
891	department shall assure appropriate insurance coverage to
892	protect volunteers from personal liability while acting within
893	the scope of their volunteer assignments under the program.
894	(8)  The department shall submit to the President of the
895	Senate and the Speaker of the House of Representatives, as part
896	of the biennial plan required by s. 393.14, an evaluation report
897	summarizing the progress of the family care program.  The report
898	shall include the information and data necessary for an accurate
899	analysis of the costs and benefits associated with the
900	establishment and operation of the programs that were
901	established.
902	Section 78.  Subsections (1) and (3) of section 393.0695,
903	Florida Statutes, are amended to read:
904	393.0695  Provision of in-home subsidies.--
905	(1)  The agency may pay department shall develop by October
906	1, 1991, a plan for paying in-home subsidies to clients enrolled
907	in the family care program or supported living when it is
908	determined to be more cost-effective and in the best interest of
909	the client to provide a cash supplement to the client's income
910	to enable the client to remain in the family home or the
911	client's own home. Payments may be made to the parent or
912	guardian of the client or, if the client is competent, directly
913	to the client.
914	(3)  In-home subsidies must be based on an individual
915	determination of need and must not exceed maximum amounts set by
916	the agency department and reassessed by the agency annually
917	department quarterly.
918	Section 79.  Subsection (1), paragraph (a) of subsection
919	(2), paragraph (a) of subsection(4), paragraphs (a), (d), and
920	(h) of subsection (5), paragraph (a) of subsection (6),
921	paragraphs (d) and (e) of subsection (8), and subsection (13) of
922	section 393.11, Florida Statutes, are amended to read:
923	393.11  Involuntary admission to residential services.--
924	(1)  JURISDICTION.--When a person is mentally retarded and
925	requires involuntary admission to residential services provided
926	by the agency developmental services program of the Department
927	of Children and Family Services, the circuit court of the county
928	in which the person resides shall have jurisdiction to conduct a
929	hearing and enter an order involuntarily admitting the person in
930	order that the person may receive the care, treatment,
931	habilitation, and rehabilitation which the person needs.  For
932	the purpose of identifying mental retardation, diagnostic
933	capability shall be established by in every program function of
934	the agency department in the districts, including, but not
935	limited to, programs provided by children and families;
936	delinquency services; alcohol, drug abuse, and mental health;
937	and economic services, and by the Department of Labor and
938	Employment Security. Except as otherwise specified, the
939	proceedings under this section shall be governed by the Florida
940	Rules of Civil Procedure.
941	(2)  PETITION.--
942	(a)  A petition for involuntary admission to residential
943	services may be executed by a petitioning commission. For
944	proposed involuntary admission to residential services arising
945	out of chapter 916, the petition may be filed by a petitioning
946	commission, the agency department, the state attorney of the
947	circuit from which the defendant was committed, or the
948	defendant's attorney.
949	(4)  DEVELOPMENTAL SERVICES PARTICIPATION.--
950	(a)  Upon receiving the petition, the court shall
951	immediately order the developmental services program of the
952	agency department to examine the person being considered for
953	involuntary admission to residential services.
954	(5)  EXAMINING COMMITTEE.--
955	(a)  Upon receiving the petition, the court shall
956	immediately appoint an examining committee to examine the person
957	being considered for involuntary admission to residential
958	services of the developmental services program of the agency
959	department.
960	(d)  Members of the committee shall not be employees of the
961	agency department or be associated with each other in practice
962	or in employer-employee relationships.  Members of the committee
963	shall not have served as members of the petitioning commission.
964	Members of the committee shall not be employees of the members
965	of the petitioning commission or be associated in practice with
966	members of the commission.
967	(h)  The agency department shall develop and prescribe by
968	rule one or more standard forms to be used as a guide for
969	members of the examining committee.
970	(6)  COUNSEL; GUARDIAN AD LITEM.--
971	(a)  The person with mental retardation shall be
972	represented by counsel at all stages of the judicial proceeding.
973	In the event the person is indigent and cannot afford counsel,
974	the court shall appoint a public defender not less than 20
975	working days before the scheduled hearing.  The person's counsel
976	shall have full access to the records of the service provider
977	and the agency department.  In all cases, the attorney shall
978	represent the rights and legal interests of the person with
979	mental retardation, regardless of who may initiate the
980	proceedings or pay the attorney's fee.
981	(8)  ORDER.--
982	(d)  If an order of involuntary admission to residential
983	services provided by the developmental services program of the
984	agency department is entered by the court, a copy of the written
985	order shall be served upon the person, the person's counsel, the
986	agency department, and the state attorney and the person's
987	defense counsel, if applicable.  The order of involuntary
988	admission sent to the agency department shall also be
989	accompanied by a copy of the examining committee's report and
990	other reports contained in the court file.
991	(e)  Upon receiving the order, the agency department shall,
992	within 45 days, provide the court with a copy of the person's
993	family or individual support plan and copies of all examinations
994	and evaluations, outlining the treatment and rehabilitative
995	programs. The agency department shall document that the person
996	has been placed in the most appropriate, least restrictive and
997	cost-beneficial residential facility. A copy of the family or
998	individual support plan and other examinations and evaluations
999	shall be served upon the person and the person's counsel at the
1000	same time the documents are filed with the court.
1001	(13)  HABEAS CORPUS.--At any time and without notice, any
1002	person involuntarily admitted to the developmental services
1003	program of the agency department, or the person's parent or
1004	legal guardian in his or her behalf, is entitled to a writ of
1005	habeas corpus to question the cause, legality, and
1006	appropriateness of the person's involuntary admission.  Each
1007	person, or the person's parent or legal guardian, shall receive
1008	specific written notice of the right to petition for a writ of
1009	habeas corpus at the time of his or her involuntary placement.
1010	Section 80.  Paragraphs (a), (b), and (d) of subsection
1011	(2), subsection (3), paragraphs(b), (g), (i), and (j) of
1012	subsection (4), and subsection (6) of section 393.13, Florida
1013	Statutes, are amended to read:
1014	393.13  Personal treatment of persons who are
1015	developmentally disabled.--
1016	(2)  LEGISLATIVE INTENT.--
1017	(a)  The Legislature finds and declares that the system of
1018	care provided which the state provides to individuals who are
1019	developmentally disabled must be designed to meet the needs of
1020	the clients as well as protect the integrity of their legal and
1021	human rights.  Further, the current system of care for persons
1022	who are developmentally disabled is in need of substantial
1023	improvement in order to provide truly meaningful treatment and
1024	habilitation.
1025	(b)  The Legislature further finds and declares that the
1026	design and delivery of treatment and services to persons who are
1027	developmentally disabled should be directed by the principles of
1028	normalization and therefore should:
1029	1.  Abate the use of large institutions.
1030	2.  Continue the development of community-based services
1031	which provide reasonable alternatives to institutionalization in
1032	settings that are least restrictive to the client.
1033	3.  Provide training and education to individuals who are
1034	developmentally disabled which will maximize their potential to
1035	lead independent and productive lives and which will afford
1036	opportunities for outward mobility from institutions.
1037	4.  Reduce the use of sheltered workshops and other
1038	noncompetitive employment day activities and promote
1039	opportunities for gainful employment for persons with
1040	developmental disabilities who choose to seek such employment.
1041	(d)  It is the intent of the Legislature:
1042	1.  To articulate the existing legal and human rights of
1043	persons who are developmentally disabled so that they may be
1044	exercised and protected. Persons with developmental disabilities
1045	shall have all the rights enjoyed by citizens of the state and
1046	the United States.
1047	2.  To provide a mechanism for the identification,
1048	evaluation, and treatment of persons with developmental
1049	disabilities.
1050	3.  To divert those individuals from institutional
1051	commitment who, by virtue of comprehensive assessment, can be
1052	placed in less costly, more effective community environments and
1053	programs.
1054	4.  To develop a plan which will indicate the most
1055	effective and efficient manner in which to implement treatment
1056	programs which are meaningful to individuals with developmental
1057	disabilities, while safeguarding and respecting the legal and
1058	human rights of such individuals.
1059	4.5.  Once the plan developed under the provisions of
1060	subparagraph 4. is presented to the Legislature, To fund
1061	improvements in the program in accordance with the availability
1062	of state resources and yearly priorities determined by the
1063	Legislature.
1064	5.6.  To ensure that persons with developmental
1065	disabilities receive treatment and habilitation which fosters
1066	the developmental potential of the individual.
1067	6.7.  To provide programs for the proper habilitation and
1068	treatment of persons with developmental disabilities which shall
1069	include, but not be limited to, comprehensive medical/dental
1070	care, education, recreation, specialized therapies, training,
1071	social services, transportation, guardianship, family care
1072	programs, day habilitation services, and habilitative and
1073	rehabilitative services suited to the needs of the individual
1074	regardless of age, degree of disability, or handicapping
1075	condition. No person with developmental disabilities shall be
1076	deprived of these enumerated services by reason of inability to
1077	pay.
1078	7.8.  To fully effectuate the normalization principle
1079	through the establishment of community services for persons with
1080	developmental disabilities as a viable and practical alternative
1081	to institutional care at each stage of individual life
1082	development. If care in a residential facility becomes
1083	necessary, it shall be in the least restrictive setting.
1084	(3)  RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL
1085	DISABILITIES.--The rights described in this subsection shall
1086	apply to all persons with developmental disabilities, whether or
1087	not such persons are clients of the agency department.
1088	(a)  Persons with developmental disabilities shall have a
1089	right to dignity, privacy, and humane care, including the right
1090	to be free from sexual abuse in residential facilities.
1091	(b)  Persons with developmental disabilities shall have the
1092	right to religious freedom and practice.  Nothing shall restrict
1093	or infringe on a person's right to religious preference and
1094	practice.
1095	(c)  Persons with developmental disabilities shall receive
1096	services, within available sources, which protect the personal
1097	liberty of the individual and which are provided in the least
1098	restrictive conditions necessary to achieve the purpose of
1099	treatment.
1100	(d)  Persons who are developmentally disabled shall have a
1101	right to participate in an appropriate program of quality
1102	education and training services, within available resources,
1103	regardless of chronological age or degree of disability.  Such
1104	persons may be provided with instruction in sex education,
1105	marriage, and family planning.
1106	(e)  Persons who are developmentally disabled shall have a
1107	right to social interaction and to participate in community
1108	activities.
1109	(f)  Persons who are developmentally disabled shall have a
1110	right to physical exercise and recreational opportunities.
1111	(g)  Persons who are developmentally disabled shall have a
1112	right to be free from harm, including unnecessary physical,
1113	chemical, or mechanical restraint, isolation, excessive
1114	medication, abuse, or neglect.
1115	(h)  Persons who are developmentally disabled shall have a
1116	right to consent to or refuse treatment, subject to the
1117	provisions of s. 393.12(2)(a) or chapter 744.
1118	(i)  No otherwise qualified person shall, by reason of
1119	having a developmental disability, be excluded from
1120	participation in, or be denied the benefits of, or be subject to
1121	discrimination under, any program or activity which receives
1122	public funds, and all prohibitions set forth under any other
1123	statute shall be actionable under this statute.
1124	(j)  No otherwise qualified person shall, by reason of
1125	having a developmental disability, be denied the right to vote
1126	in public elections.
1127	(4)  CLIENT RIGHTS.--For purposes of this subsection, the
1128	term "client," as defined in s. 393.063, shall also include any
1129	person served in a facility licensed pursuant to s. 393.067.
1130	(b)  Each client has the right to the possession and use of
1131	his or her own clothing and personal effects, except in those
1132	specific instances where the use of some of these items as
1133	reinforcers is essential for training the client as part of an
1134	appropriately approved behavioral program.  The chief
1135	administrator of the facility may take temporary custody of such
1136	effects when it is essential to do so for medical or safety
1137	reasons.  Custody of such personal effects shall be promptly
1138	recorded in the client's record, and a receipt for such effects
1139	shall be immediately given to the client, if competent, or the
1140	client's parent or legal guardian.
1141	1.  All money belonging to a client held by the agency
1142	department shall be held in compliance with s. 402.17(2).
1143	2.  All interest on money received and held for the
1144	personal use and benefit of a client shall be the property of
1145	that client and shall not accrue to the general welfare of all
1146	clients or be used to defray the cost of residential care.
1147	Interest so accrued shall be used or conserved for the personal
1148	use or benefit of the individual client as provided in s.
1149	402.17(2).
1150	3.  Upon the discharge or death of a client, a final
1151	accounting shall be made of all personal effects and money
1152	belonging to the client held by the agency department.  All such
1153	personal effects and money, including interest, shall be
1154	promptly turned over to the client or his or her heirs.
1155	(g)  No client shall be subjected to a treatment program to
1156	eliminate bizarre or unusual behaviors without first being
1157	examined by a physician who in his or her best judgment
1158	determines that such behaviors are not organically caused.
1159	1.  Treatment programs involving the use of noxious or
1160	painful stimuli shall be prohibited.
1161	2.  All alleged violations of this paragraph shall be
1162	reported immediately to the chief administrative officer of the
1163	facility or the district administrator, the agency department
1164	head, and the Florida local advocacy council. A thorough
1165	investigation of each incident shall be conducted and a written
1166	report of the finding and results of such investigation shall be
1167	submitted to the chief administrative officer of the facility or
1168	the district administrator and to the agency department head
1169	within 24 hours of the occurrence or discovery of the incident.
1170	3.  The agency department shall adopt promulgate by rule a
1171	system for the oversight of behavioral programs.  Such system
1172	shall establish guidelines and procedures governing the design,
1173	approval, implementation, and monitoring of all behavioral
1174	programs involving clients.  The system shall ensure statewide
1175	and local review by committees of professionals certified as
1176	behavior analysts pursuant to s. 393.17.  No behavioral program
1177	shall be implemented unless reviewed according to the rules
1178	established by the agency department under this section.
1179	Nothing stated in this section shall prohibit the review of
1180	programs by the Florida statewide or local advocacy councils.
1181	(i)  Clients shall have the right to be free from
1182	unnecessary physical, chemical, or mechanical restraint.
1183	Restraints shall be employed only in emergencies or to protect
1184	the client from imminent injury to himself or herself or others.
1185	Restraints shall not be employed as punishment, for the
1186	convenience of staff, or as a substitute for a habilitative
1187	plan.  Restraints shall impose the least possible restrictions
1188	consistent with their purpose and shall be removed when the
1189	emergency ends.  Restraints shall not cause physical injury to
1190	the client and shall be designed to allow the greatest possible
1191	comfort.
1192	1.  Mechanical supports used in normative situations to
1193	achieve proper body position and balance shall not be considered
1194	restraints, but shall be prescriptively designed and applied
1195	under the supervision of a qualified professional with concern
1196	for principles of good body alignment, circulation, and
1197	allowance for change of position.
1198	2.  Totally enclosed cribs and barred enclosures shall be
1199	considered restraints.
1200	3.  Daily reports on the employment of physical, chemical,
1201	or mechanical restraints by those specialists authorized in the
1202	use of such restraints shall be made to the appropriate chief
1203	administrator of the facility, and a monthly summary of such
1204	reports shall be relayed to the district administrator and the
1205	Florida local advocacy council.  The reports shall summarize all
1206	such cases of restraints, the type used, the duration of usage,
1207	and the reasons therefor.  Districts shall submit districtwide
1208	quarterly reports of these summaries to the state Developmental
1209	Disabilities Program Office.
1210	4.  The agency department shall post a copy of the rules
1211	adopted promulgated under this section in each living unit of
1212	residential facilities.  A copy of the rules adopted promulgated
1213	under this section shall be given to all staff members of
1214	licensed facilities and made a part of all preservice and
1215	inservice training programs.
1216	(j)1.  Each client shall have a central record.  The record
1217	shall include data pertaining to admission and such other
1218	information as may be required under rules of the agency
1219	department.
1220	2.  Unless waived by the client, if competent, or the
1221	client's parent or legal guardian if the client is incompetent,
1222	the client's central record shall be confidential and exempt
1223	from the provisions of s. 119.07(1), and no part of it shall be
1224	released except:
1225	a.  The record may be released to physicians, attorneys,
1226	and government agencies having need of the record to aid the
1227	client, as designated by the client, if competent, or the
1228	client's parent or legal guardian, if the client is incompetent.
1229	b.  The record shall be produced in response to a subpoena
1230	or released to persons authorized by order of court, excluding
1231	matters privileged by other provisions of law.
1232	c.  The record or any part thereof may be disclosed to a
1233	qualified researcher, a staff member of the facility, or an
1234	employee of the agency department when the administrator of the
1235	facility or the director secretary of the agency department
1236	deems it necessary for the treatment of the client, maintenance
1237	of adequate records, compilation of treatment data, or
1238	evaluation of programs.
1239	d.  Information from the records may be used for
1240	statistical and research purposes if the information is
1241	abstracted in such a way to protect the identity of individuals.
1242	3.  All central records for each client in residential
1243	facilities shall be kept on uniform forms distributed by the
1244	agency department.  The central record shall accurately
1245	summarize each client's history and present condition.
1246	4.  The client, if competent, or the client's parent or
1247	legal guardian if the client is incompetent, shall be supplied
1248	with a copy of the client's central record upon request.
1249	(6)  NOTICE OF RIGHTS.--Each person with developmental
1250	disabilities, if competent, or parent or legal guardian of such
1251	person if the person is incompetent, shall promptly receive from
1252	the agency Department of Children and Family Services or the
1253	Department of Education a written copy of this act. Each person
1254	with developmental disabilities able to comprehend shall be
1255	promptly informed, in the language or other mode of
1256	communication which such person understands, of the above legal
1257	rights of persons with developmental disabilities.
1258	Section 81.  Section 393.17, Florida Statutes, is amended
1259	to read:
1260	393.17  Behavioral programs; certification of behavior
1261	analysts; fees.--The agency may recognize the certification of
1262	behavior analysts awarded by a nonprofit corporation whose
1263	mission is to meet professional credentialing needs identified
1264	by behavior analysts, state governments, and consumers of
1265	behavior analysis services and whose work has the support of the
1266	Association for Behavior Analysis International. The department
1267	shall by rule implement a certification program to ensure that
1268	qualified persons oversee the design and implementation of
1269	behavioral programs for persons who are developmentally
1270	disabled. Certification and recertification minimum standards
1271	must comply with departmental rules and must include, for
1272	initial certification, examination of competencies in applying
1273	behavior analysis with persons who are developmentally disabled
1274	within established competency clusters.  These competency
1275	clusters shall include, but not be limited to, behavioral
1276	assessments, observation and recording, behavioral program
1277	development and monitoring, and other areas as determined by
1278	professional practitioners of behavior analysis. Fees shall be
1279	charged for certification not to exceed the cost of development
1280	and administration of the examination and periodic renewal of
1281	certification. The department shall establish by rule the
1282	procedures for certification and certification renewal.
1283	Section 82.  Section 393.22, Florida Statutes, is amended
1284	to read:
1285	393.22  Transfer of appropriations; barriers to services;
1286	Financial commitment to community services programs.--
1287	(1)  No funds appropriated for developmental services
1288	programs shall be transferred pursuant to s. 216.292, unless
1289	there is a finding by the secretary that treatment programs for
1290	developmental disabilities will not be adversely affected by the
1291	transfer.
1292	(2)  Development of programs for other disabilities shall
1293	not effectuate a reduction or dilution of the ongoing financial
1294	commitment of the state through appropriations for programs and
1295	services for persons with mental retardation, cerebral palsy,
1296	autism, or spina bifida.
1297	(3)  In order to The Department of Children and Family
1298	Services and the Agency for Health Care Administration jointly
1299	shall ensure that whenever a number of persons move from an
1300	institution serving persons with developmental disabilities
1301	which is sufficient to allow an entire residential unit within
1302	that institution to be closed, no less than 80 percent of the
1303	direct costs of providing services to persons who had resided in
1304	that unit shall be reallocated for community services.
1305	Section 83.  Section 393.502, Florida Statutes, is amended
1306	to read:
1307	393.502  Family care councils.--
1308	(1)  CREATION.--There shall be established and located
1309	within each service area of the agency district of the
1310	department a district family care council.
1311	(2)  MEMBERSHIP.--
1312	(a)  Each local district family care council shall consist
1313	of at least 10 and no more than 15 members recommended by a
1314	majority vote of the local district family care council and
1315	appointed by the Governor.
1316	(b)  At least three of the members of the council must be
1317	consumers. One such member shall be a consumer who received
1318	developmental services within the 4 years prior to the date of
1319	recommendation, or the legal guardian of such a consumer. The
1320	remainder of the council members shall be parents, guardians, or
1321	siblings of persons with developmental disabilities who qualify
1322	for developmental services pursuant to this chapter.
1323	(c)  A person who is currently serving on another board or
1324	council of the agency department may not be appointed to a local
1325	district family care council.
1326	(d)  Employees of the agency department are not eligible to
1327	serve on a local district family care council.
1328	(e)  Persons related by consanguinity or affinity within
1329	the third degree shall not serve on the same local district
1330	family care council at the same time.
1331	(f)  A chair for the council shall be chosen by the council
1332	members to serve for 1 year. A person may serve no more than
1333	four 1-year terms as chair.
1334	(3)  TERMS; VACANCIES.--
1335	(a)  Council members shall be appointed for a 3-year term,
1336	except as provided in subsection (8), and may be reappointed to
1337	one additional term.
1338	(b)  A member who has served two consecutive terms shall
1339	not be eligible to serve again until 12 months have elapsed
1340	since ending his or her service on the local district council.
1341	(c)  Upon expiration of a term or in the case of any other
1342	vacancy, the local district council shall, by majority vote,
1343	recommend to the Governor for appointment a person for each
1344	vacancy. If the Governor does not act on the council's
1345	recommendations within 45 days after receiving them, the persons
1346	recommended shall be considered to be appointed.
1347	(4)  COMMITTEE APPOINTMENTS.--The chair of the local
1348	district family care council may appoint persons to serve on
1349	council committees. Such persons may include former members of
1350	the council and persons not eligible to serve on the council.
1351	(5)  TRAINING.--
1352	(a)  The agency department, in consultation with the local
1353	district councils, shall establish a training program for local
1354	district family care council members. Each local area district
1355	shall provide the training program when new persons are
1356	appointed to the local district council and at other times as
1357	the secretary deems necessary.
1358	(b)  The training shall assist the council members to
1359	understand the laws, rules, and policies applicable to their
1360	duties and responsibilities.
1361	(c)  All persons appointed to a local district council must
1362	complete this training within 90 days after their appointment. A
1363	person who fails to meet this requirement shall be considered to
1364	have resigned from the council.
1365	(6)  MEETINGS.--Council members shall serve on a voluntary
1366	basis without payment for their services but shall be reimbursed
1367	for per diem and travel expenses as provided for in s. 112.061.
1368	The council shall meet at least six times per year.
1369	(7)  PURPOSE.--The purpose of the local district family
1370	care councils shall be to advise the agency department and its
1371	district advisory boards, to develop a plan for the delivery of
1372	developmental services family support services within the local
1373	area district, and to monitor the implementation and
1374	effectiveness of services and support provided under the plan.
1375	The primary functions of the local district family care councils
1376	shall be to:
1377	(a)  Assist in providing information and outreach to
1378	families.
1379	(b)  Review the effectiveness of service developmental
1380	services programs and make recommendations with respect to
1381	program implementation.
1382	(c)  Advise the agency district developmental services
1383	administrators with respect to policy issues relevant to the
1384	community and family support system in the local area district.
1385	(d)  Meet and share information with other local district
1386	family care councils.
1387	(8)  NEW COUNCILS.--When a local district family care
1388	council is established for the first time in a local area
1389	district, the Governor shall appoint the first four council
1390	members, who shall serve 3-year terms. These members shall
1391	submit to the Governor, within 90 days after their appointment,
1392	recommendations for at least six additional members, selected by
1393	majority vote. If the Governor does not act on the
1394	recommendations within 45 days after receiving them, the persons
1395	recommended shall be considered to be appointed. Those members
1396	recommended for appointment by the Governor shall serve for 2
1397	years.
1398	(9)  FUNDING; FINANCIAL REVIEW.--The local district family
1399	care council may apply for, receive, and accept grants, gifts,
1400	donations, bequests, and other payments from any public or
1401	private entity or person. Each local district council is shall
1402	be subject to an annual financial review by district staff
1403	assigned by the agency district administrator. Each local
1404	district council shall exercise care and prudence in the
1405	expenditure of funds. The local district family care councils
1406	shall comply with state expenditure requirements.
1407	Section 84.  Section 408.301, Florida Statutes, is amended
1408	to read:
1409	408.301  Legislative findings.--The Legislature has found
1410	that access to quality, affordable, health care for all
1411	Floridians is an important goal for the state. The Legislature
1412	recognizes that there are Floridians with special health care
1413	and social needs which require particular attention. The people
1414	served by the Department of Children and Family Services, the
1415	Agency for Persons with Disabilities, and the Department of
1416	Health, and the Department of Elderly Affairs are examples of
1417	citizens with special needs. The Legislature further recognizes
1418	that the Medicaid program is an intricate part of the service
1419	delivery system for the special needs citizens served by or
1420	through the Department of Children and Family Services and the
1421	Department of Health. However, the Agency for Health Care
1422	Administration is not a service provider and does not develop or
1423	direct programs for the special needs citizens served by or
1424	through the Department of Children and Family Services and the
1425	Department of Health. Therefore, it is the intent of the
1426	Legislature that the Agency for Health Care Administration work
1427	closely with the Department of Children and Family Services, the
1428	Agency for Persons with Disabilities, and the Department of
1429	Health, and the Department of Elderly Affairs in developing
1430	plans for assuring access to all Floridians in order to assure
1431	that the needs of special citizens are met.
1432	Section 85.  Section 408.302, Florida Statutes, is amended
1433	to read:
1434	408.302  Interagency agreement.--
1435	(1)  The Agency for Health Care Administration shall enter
1436	into an interagency agreement with the Department of Children
1437	and Family Services, the Agency for Persons with Disabilities,
1438	and the Department of Health, and the Department of Elderly
1439	Affairs to assure coordination and cooperation in serving
1440	special needs citizens. The agreement shall include the
1441	requirement that the secretaries or directors secretary of the
1442	Department of Children and Family Services, the Agency for
1443	Persons with Disabilities, and the secretary of the Department
1444	of Health, and the Department of Elderly Affairs approve, prior
1445	to adoption, any rule developed by the Agency for Health Care
1446	Administration where such rule has a direct impact on the
1447	mission of the respective state agencies Department of Children
1448	and Family Services and the Department of Health, their
1449	programs, or their budgets.
1450	(2)  For rules which indirectly impact on the mission of
1451	the Department of Children and Family Services, the Agency for
1452	Persons with Disabilities, and the Department of Health, and the
1453	Department of Elderly Affairs, their programs, or their budgets,
1454	the concurrence of the respective secretaries or directors
1455	secretary of the Department of Children and Family Services and
1456	the secretary of the Department of Health on the rule is
1457	required.
1458	(3)  For all other rules developed by the Agency for Health
1459	Care Administration, coordination with the Department of
1460	Children and Family Services, the Agency for Persons with
1461	Disabilities, and the Department of Health, and the Department
1462	of Elderly Affairs is encouraged.
1463	(4)  The interagency agreement shall also include any other
1464	provisions necessary to ensure a continued cooperative working
1465	relationship between the Agency for Health Care Administration
1466	and the Department of Children and Family Services, the Agency
1467	for Persons with Disabilities, and the Department of Health, and
1468	the Department of Elderly Affairs as each strives to meet the
1469	needs of the citizens of Florida.
1470	Section 86.  Subsection (13) of section 409.906, Florida
1471	Statutes, is amended to read:
1472	409.906  Optional Medicaid services.--Subject to specific
1473	appropriations, the agency may make payments for services which
1474	are optional to the state under Title XIX of the Social Security
1475	Act and are furnished by Medicaid providers to recipients who
1476	are determined to be eligible on the dates on which the services
1477	were provided.  Any optional service that is provided shall be
1478	provided only when medically necessary and in accordance with
1479	state and federal law. Optional services rendered by providers
1480	in mobile units to Medicaid recipients may be restricted or
1481	prohibited by the agency. Nothing in this section shall be
1482	construed to prevent or limit the agency from adjusting fees,
1483	reimbursement rates, lengths of stay, number of visits, or
1484	number of services, or making any other adjustments necessary to
1485	comply with the availability of moneys and any limitations or
1486	directions provided for in the General Appropriations Act or
1487	chapter 216. If necessary to safeguard the state's systems of
1488	providing services to elderly and disabled persons and subject
1489	to the notice and review provisions of s. 216.177, the Governor
1490	may direct the Agency for Health Care Administration to amend
1491	the Medicaid state plan to delete the optional Medicaid service
1492	known as "Intermediate Care Facilities for the Developmentally
1493	Disabled."  Optional services may include:
1494	(13)  HOME AND COMMUNITY-BASED SERVICES.--The agency may
1495	pay for home-based or community-based services that are rendered
1496	to a recipient in accordance with a federally approved waiver
1497	program. The agency may limit or eliminate coverage for certain
1498	Project AIDS Care Waiver services, preauthorize high-cost or
1499	highly utilized services, or make any other adjustments
1500	necessary to comply with any limitations or directions provided
1501	for in the General Appropriations Act.
1502	Section 87.  Sections 393.14, 393.165, 393.166, and
1503	393.505, Florida Statutes, are repealed.
1504	Section 88.  (1)  Effective October 1, 2004, the
1505	developmental disabilities program and the developmental
1506	services institutions in the Department of Children and Family
1507	Services shall be transferred to the Agency for Persons with
1508	Disabilities by a type two transfer pursuant to s. 20.06,
1509	Florida Statutes. Prior to that date:
1510	(a)  The Agency for Persons with Disabilities and the
1511	Department of Children and Family Services, in consultation with
1512	the Department of Management Services, shall determine the
1513	number of positions and resources within the department
1514	dedicated to the developmental disabilities program which shall
1515	be transferred to the agency and will develop an agreement that
1516	delineates who within the Department of Children and Family
1517	Services will provide administrative support to the agency.
1518	(b)  The Director of the Agency for Persons with
1519	Disabilities, in consultation with the Secretaries of the
1520	Department of Children and Family Services and the Agency for
1521	Health Care Administration or their designees, shall prepare a
1522	transition plan that must address, at a minimum, building
1523	leases, information support systems, cash ownership and
1524	transfer, administrative support functions, inventory and
1525	transfers of equipment and structures, expenditure transfers,
1526	budget authority and positions, and certifications forward. This
1527	plan shall be submitted by September 1, 2004, to the Executive
1528	Office of the Governor, the President of the Senate, and the
1529	Speaker of the House of Representatives.
1530	(c)  The Agency for Persons with Disabilities and the
1531	Department of Children and Family Services shall work with the
1532	Agency for Health Care Administration to develop a plan that
1533	ensures that all of the necessary electronic and paper-based
1534	data of the Developmental Disabilities program is accessible to
1535	the Medicaid program and that all electronic records will be
1536	migrated to a new data system that is compatible with the
1537	Florida Medicaid Management Information System.
1538	(d)  The Agency for Persons with Disabilities and the
1539	Agency for Health Care Administration shall develop a plan for
1540	the orderly relocation of the noncentral-office staff of the
1541	Agency for Persons with Disabilities to the area offices of the
1542	Agency for Health Care Administration. Such plan shall include a
1543	schedule that takes into consideration the availability of
1544	space, the expiration of current leases, and the initiation of
1545	new leases that can accommodate the relocated staff, as well as
1546	appropriate reimbursement for collocation costs, including
1547	office space and other operating expenses.
1548	(2)  Effective October 1, 2004, the agency shall enter into
1549	an interagency agreement with the Department of Children and
1550	Family Services for the provision of the necessary day-to-day
1551	administrative and operational needs of the agency, including,
1552	but not limited to, personnel, purchasing, information
1553	technology support, legal support, and other related services.
1554	This interagency agreement shall continue until the agency no
1555	longer requires the provision of services through such
1556	agreement.
1557	(3)  This act does not affect the validity of any judicial
1558	or administrative proceeding pending on October 30, 2004, and
1559	the Agency for Persons with Disabilities is substituted as a
1560	real party in interest with respect to any proceeding pending on
1561	that date which involves the developmental services programs of
1562	the Department of Children and Family Services.
1563	Section 89.  The Office of Program Policy Analysis and
1564	Government Accountability shall identify and evaluate statewide
1565	entities receiving state funding for the purpose of addressing
1566	the interests of, but not directly providing services for,
1567	persons with disabilities.
1568	(1)  The purpose of the analysis shall be to provide
1569	information with respect to:
1570	(a)  The extent to which activities of these entities are
1571	coordinated;
1572	(b)  The similarities and differences in the organizational
1573	missions of these entities; and
1574	(c)  The amount of state funds provided to these entities
1575	for the purpose of addressing the interests of persons with
1576	disabilities, the uses of these funds, and whether they
1577	duplicate the efforts of other private or federally funded
1578	entities.
1579	(2)  The report shall be completed and provided to the
1580	Governor and Legislature by December 2005.
1581	Section 90.  Subsection (1) of section 92.53, Florida
1582	Statutes, is amended to read:
1583	92.53  Videotaping of testimony of victim or witness under
1584	age 16 or person with mental retardation.--
1585	(1)  On motion and hearing in camera and a finding that
1586	there is a substantial likelihood that a victim or witness who
1587	is under the age of 16 or who is a person with mental
1588	retardation as defined in s. 393.063(42) would suffer at least
1589	moderate emotional or mental harm due to the presence of the
1590	defendant if the child or person with mental retardation is
1591	required to testify in open court, or that such victim or
1592	witness is otherwise unavailable as defined in s. 90.804(1), the
1593	trial court may order the videotaping of the testimony of the
1594	victim or witness in a case, whether civil or criminal in
1595	nature, in which videotaped testimony is to be utilized at trial
1596	in lieu of trial testimony in open court.
1597	Section 91.  Subsections (1), (2), and (3), paragraph (i)
1598	of subsection (4), and subsections (5), (8), (9), (10), (11),
1599	(12), (13), (14), and (17) of 393.067, Florida Statutes, are
1600	amended to read:
1601	393.067  Licensure of residential facilities and
1602	comprehensive transitional education programs.--
1603	(1)  The agency department shall provide through its
1604	licensing authority a system of provider qualifications,
1605	standards, training criteria for meeting standards, and
1606	monitoring for residential facilities and comprehensive
1607	transitional education programs.
1608	(2)  The agency department shall conduct inspections and
1609	reviews of residential facilities and comprehensive transitional
1610	education programs annually.
1611	(3)  An application for a license for a residential
1612	facility or a comprehensive transitional education program shall
1613	be made to the agency Department of Children and Family Services
1614	on a form furnished by it and shall be accompanied by the
1615	appropriate license fee.
1616	(4)  The application shall be under oath and shall contain
1617	the following:
1618	(i)  Such other information as the agency department
1619	determines is necessary to carry out the provisions of this
1620	chapter.
1621	(5)  The applicant shall submit evidence which establishes
1622	the good moral character of the manager or supervisor of the
1623	facility or program and the direct service providers in the
1624	facility or program and its component centers or units. A
1625	license may be issued if all the screening materials have been
1626	timely submitted; however, a license may not be issued or
1627	renewed if any of the direct service providers have failed the
1628	screening required by s. 393.0655.
1629	(a)1.  A licensed residential facility or comprehensive
1630	transitional education program which applies for renewal of its
1631	license shall submit to the agency department a list of direct
1632	service providers who have worked on a continuous basis at the
1633	applicant facility or program since submitting fingerprints to
1634	the agency or the Department of Children and Family Services,
1635	identifying those direct service providers for whom a written
1636	assurance of compliance was provided by the agency or department
1637	and identifying those direct service providers who have recently
1638	begun working at the facility or program and are awaiting the
1639	results of the required fingerprint check along with the date of
1640	the submission of those fingerprints for processing. The agency
1641	department shall by rule determine the frequency of requests to
1642	the Department of Law Enforcement to run state criminal records
1643	checks for such direct service providers except for those direct
1644	service providers awaiting the results of initial fingerprint
1645	checks for employment at the applicant facility or program. The
1646	agency department shall review the records of the direct service
1647	providers at the applicant facility or program with respect to
1648	the crimes specified in s. 393.0655 and shall notify the
1649	facility or program of its findings. When disposition
1650	information is missing on a criminal record, it is shall be the
1651	responsibility of the person being screened, upon request of the
1652	agency department, to obtain and supply within 30 days the
1653	missing disposition information to the agency department.
1654	Failure to supply the missing information within 30 days or to
1655	show reasonable efforts to obtain such information shall result
1656	in automatic disqualification.
1657	2.  The applicant shall sign an affidavit under penalty of
1658	perjury stating that all new direct service providers have been
1659	fingerprinted and that the facility's or program's remaining
1660	direct service providers have worked at the applicant facility
1661	or program on a continuous basis since being initially screened
1662	at that facility or program or have a written assurance of
1663	compliance from the agency or department.
1664	(b)  As a prerequisite for issuance of the initial license
1665	to a residential facility or comprehensive transitional
1666	education program:
1667	1.  The applicant shall submit to the agency department a
1668	complete set of fingerprints, taken by an authorized law
1669	enforcement agency or an employee of the agency department who
1670	is trained to take fingerprints, for the manager, supervisor, or
1671	direct service providers of the facility or program;
1672	2.  The agency department shall submit the fingerprints to
1673	the Department of Law Enforcement for state processing and for
1674	federal processing by the Federal Bureau of Investigation; and
1675	3.  The agency department shall review the record of the
1676	manager or supervisor with respect to the crimes specified in s.
1677	393.0655(1) and shall notify the applicant of its findings. When
1678	disposition information is missing on a criminal record, it is
1679	shall be the responsibility of the manager or supervisor, upon
1680	request of the agency department, to obtain and supply within 30
1681	days the missing disposition information to the agency
1682	department. Failure to supply the missing information within 30
1683	days or to show reasonable efforts to obtain such information
1684	shall result in automatic disqualification.
1685	(c)  The agency department or a residential facility or
1686	comprehensive transitional education program may not use the
1687	criminal records or juvenile records of a person obtained under
1688	this subsection for any purpose other than determining if that
1689	person meets the minimum standards for good moral character for
1690	a manager or supervisor of, or direct service provider in, such
1691	a facility or program. The criminal records or juvenile records
1692	obtained by the agency department or a residential facility or
1693	comprehensive transitional education program for determining the
1694	moral character of a manager, supervisor, or direct service
1695	provider are exempt from s. 119.07(1).
1696	(8)  The agency department shall adopt promulgate rules
1697	establishing minimum standards for licensure of residential
1698	facilities and comprehensive transitional education programs,
1699	including rules requiring facilities and programs to train staff
1700	to detect and prevent sexual abuse of residents and clients,
1701	minimum standards of quality and adequacy of care, and uniform
1702	firesafety standards established by the State Fire Marshal which
1703	are appropriate to the size of the facility or of the component
1704	centers or units of the program.
1705	(9)  The agency department and the Agency for Health Care
1706	Administration, after consultation with the Department of
1707	Community Affairs, shall adopt rules for residential facilities
1708	under the respective regulatory jurisdiction of each
1709	establishing minimum standards for the preparation and annual
1710	update of a comprehensive emergency management plan. At a
1711	minimum, the rules must provide for plan components that address
1712	emergency evacuation transportation; adequate sheltering
1713	arrangements; postdisaster activities, including emergency
1714	power, food, and water; postdisaster transportation; supplies;
1715	staffing; emergency equipment; individual identification of
1716	residents and transfer of records; and responding to family
1717	inquiries. The comprehensive emergency management plan for all
1718	comprehensive transitional education programs and for homes
1719	serving individuals who have complex medical conditions is
1720	subject to review and approval by the local emergency management
1721	agency. During its review, the local emergency management agency
1722	shall ensure that the following agencies, at a minimum, are
1723	given the opportunity to review the plan: the Agency for Health
1724	Care Administration, the Agency for Persons with Disabilities
1725	Department of Children and Family Services, and the Department
1726	of Community Affairs. Also, appropriate volunteer organizations
1727	must be given the opportunity to review the plan.  The local
1728	emergency management agency shall complete its review within 60
1729	days and either approve the plan or advise the facility of
1730	necessary revisions.
1731	(10)  The agency department may conduct unannounced
1732	inspections to determine compliance by residential facilities
1733	and comprehensive transitional education programs with the
1734	applicable provisions of this chapter and the rules adopted
1735	pursuant hereto, including the rules adopted for training staff
1736	of a facility or a program to detect and prevent sexual abuse of
1737	residents and clients. The facility or program shall make copies
1738	of inspection reports available to the public upon request.
1739	(11)  An alternative living center and an independent
1740	living education center, as defined in s. 393.063(8), shall be
1741	subject to the provisions of s. 419.001, except that such
1742	centers shall be exempt from the 1,000-foot-radius requirement
1743	of s. 419.001(2) if:
1744	(a)  Such centers are located on a site zoned in a manner
1745	so that all the component centers of a comprehensive transition
1746	education center may be located thereon; or
1747	(b)  There are no more than three such centers within said
1748	radius of 1,000 feet.
1749	(12)  Each residential facility or comprehensive
1750	transitional education program licensed by the agency department
1751	shall forward annually to the agency department a true and
1752	accurate sworn statement of its costs of providing care to
1753	clients funded by the agency department.
1754	(13)  The agency department may audit the records of any
1755	residential facility or comprehensive transitional education
1756	program that which it has reason to believe may not be in full
1757	compliance with the provisions of this section; provided that,
1758	any financial audit of such facility or program shall be limited
1759	to the records of clients funded by the agency department.
1760	(14)  The agency department shall establish, for the
1761	purpose of control of licensure costs, a uniform management
1762	information system and a uniform reporting system with uniform
1763	definitions and reporting categories.
1764	(17)  The agency department shall not be required to
1765	contract with new facilities licensed after October 1, 1989,
1766	pursuant to this chapter. Pursuant to chapter 287, the agency
1767	department shall continue to contract within available resources
1768	for residential services with facilities licensed prior to
1769	October 1, 1989, if such facilities comply with the provisions
1770	of this chapter and all other applicable laws and regulations.
1771	Section 92.  Subsection (9) of section 397.405, Florida
1772	Statutes, is amended to read:
1773	397.405  Exemptions from licensure.--The following are
1774	exempt from the licensing provisions of this chapter:
1775	(9)  Facilities licensed under s. 393.063(8) that, in
1776	addition to providing services to persons who are
1777	developmentally disabled as defined therein, also provide
1778	services to persons developmentally at risk as a consequence of
1779	exposure to alcohol or other legal or illegal drugs while in
1780	utero.
1781
1782	The exemptions from licensure in this section do not apply to
1783	any service provider that receives an appropriation, grant, or
1784	contract from the state to operate as a service provider as
1785	defined in this chapter or to any substance abuse program
1786	regulated pursuant to s. 397.406.  Furthermore, this chapter may
1787	not be construed to limit the practice of a physician licensed
1788	under chapter 458 or chapter 459, a psychologist licensed under
1789	chapter 490, or a psychotherapist licensed under chapter 491 who
1790	provides substance abuse treatment, so long as the physician,
1791	psychologist, or psychotherapist does not represent to the
1792	public that he or she is a licensed service provider and does
1793	not provide services to clients pursuant to part V of this
1794	chapter. Failure to comply with any requirement necessary to
1795	maintain an exempt status under this section is a misdemeanor of
1796	the first degree, punishable as provided in s. 775.082 or s.
1797	775.083.
1798	Section 93.  Paragraph (b) of subsection (5) of section
1799	400.464, Florida Statutes, is amended to read:
1800	400.464  Home health agencies to be licensed; expiration of
1801	license; exemptions; unlawful acts; penalties.--
1802	(5)  The following are exempt from the licensure
1803	requirements of this part:
1804	(b)  Home health services provided by a state agency,
1805	either directly or through a contractor with:
1806	1.  The Department of Elderly Affairs.
1807	2.  The Department of Health, a community health center, or
1808	a rural health network that furnishes home visits for the
1809	purpose of providing environmental assessments, case management,
1810	health education, personal care services, family planning, or
1811	followup treatment, or for the purpose of monitoring and
1812	tracking disease.
1813	3.  Services provided to persons who have developmental
1814	disabilities, as defined in s. 393.063(12).
1815	4.  Companion and sitter organizations that were registered
1816	under s. 400.509(1) on January 1, 1999, and were authorized to
1817	provide personal services under s. 393.063(33) under a
1818	developmental services provider certificate on January 1, 1999,
1819	may continue to provide such services to past, present, and
1820	future clients of the organization who need such services,
1821	notwithstanding the provisions of this act.
1822	5.  The Department of Children and Family Services.
1823	Section 94.  Paragraph (d) of subsection (1) of section
1824	419.001, Florida Statutes, is amended to read:
1825	419.001  Site selection of community residential homes.--
1826	(1)  For the purposes of this section, the following
1827	definitions shall apply:
1828	(d)  "Resident" means any of the following:  a frail elder
1829	as defined in s. 400.618; a physically disabled or handicapped
1830	person as defined in s. 760.22(7)(a); a developmentally disabled
1831	person as defined in s. 393.063(12); a nondangerous mentally ill
1832	person as defined in s. 394.455(18); or a child as defined in s.
1833	39.01(14), s. 984.03(9) or (12), or s. 985.03(8).
1834	Section 95.  Section 914.16, Florida Statutes, is amended
1835	to read:
1836	914.16  Child abuse and sexual abuse of victims under age
1837	16 or persons with mental retardation; limits on
1838	interviews.--The chief judge of each judicial circuit, after
1839	The chief judge of each judicial circuit, after consultation
1840	with the state attorney and the public defender for the judicial
1841	circuit, the appropriate chief law enforcement officer, and any
1842	other person deemed appropriate by the chief judge, shall
1843	provide by order reasonable limits on the number of interviews
1844	that a victim of a violation of s. 794.011, s. 800.04, or s.
1845	827.03 who is under 16 years of age or a victim of a violation
1846	of s. 794.011, s. 800.02, s. 800.03, or s. 825.102 who is a
1847	person with mental retardation as defined in s. 393.063(42) must
1848	submit to for law enforcement or discovery purposes. The order
1849	shall, to the extent possible, protect the victim from the
1850	psychological damage of repeated interrogations while preserving
1851	the rights of the public, the victim, and the person charged
1852	with the violation.
1853	Section 96.  Subsection (2) of section 914.17, Florida
1854	Statutes, is amended to read:
1855	914.17  Appointment of advocate for victims or witnesses
1856	who are minors or persons with mental retardation.--
1857	(2)  An advocate shall be appointed by the court to
1858	represent a person with mental retardation as defined in s.
1859	393.063(42) in any criminal proceeding if the person with mental
1860	retardation is a victim of or witness to abuse or neglect, or if
1861	the person with mental retardation is a victim of a sexual
1862	offense or a witness to a sexual offense committed against a
1863	minor or person with mental retardation. The court may appoint
1864	an advocate in any other criminal proceeding in which a person
1865	with mental retardation is involved as either a victim or a
1866	witness. The advocate shall have full access to all evidence and
1867	reports introduced during the proceedings, may interview
1868	witnesses, may make recommendations to the court, shall be
1869	noticed and have the right to appear on behalf of the person
1870	with mental retardation at all proceedings, and may request
1871	additional examinations by medical doctors, psychiatrists, or
1872	psychologists. It is the duty of the advocate to perform the
1873	following services:
1874	(a)  To explain, in language understandable to the person
1875	with mental retardation, all legal proceedings in which the
1876	person shall be involved;
1877	(b)  To act, as a friend of the court, to advise the judge,
1878	whenever appropriate, of the person with mental retardation's
1879	ability to understand and cooperate with any court proceedings;
1880	and
1881	(c)  To assist the person with mental retardation and the
1882	person's family in coping with the emotional effects of the
1883	crime and subsequent criminal proceedings in which the person
1884	with mental retardation is involved.
1885	Section 97.  Subsection (1) of section 918.16, Florida
1886	Statutes, is amended to read:
1887	918.16  Sex offenses; testimony of person under age 16 or
1888	person with mental retardation; testimony of victim; courtroom
1889	cleared; exceptions.--
1890	(1)  Except as provided in subsection (2), in the trial of
1891	any case, civil or criminal, when any person under the age of 16
1892	or any person with mental retardation as defined in s.
1893	393.063(42) is testifying concerning any sex offense, the court
1894	shall clear the courtroom of all persons except parties to the
1895	cause and their immediate families or guardians, attorneys and
1896	their secretaries, officers of the court, jurors, newspaper
1897	reporters or broadcasters, court reporters, and, at the request
1898	of the victim, victim or witness advocates designated by the
1899	state attorney's office.
1900	Section 98.  Paragraph (a) of subsection (4) of section
1901	943.0585, Florida Statutes, is amended to read:
1902	943.0585  Court-ordered expunction of criminal history
1903	records.--The courts of this state have jurisdiction over their
1904	own procedures, including the maintenance, expunction, and
1905	correction of judicial records containing criminal history
1906	information to the extent such procedures are not inconsistent
1907	with the conditions, responsibilities, and duties established by
1908	this section. Any court of competent jurisdiction may order a
1909	criminal justice agency to expunge the criminal history record
1910	of a minor or an adult who complies with the requirements of
1911	this section. The court shall not order a criminal justice
1912	agency to expunge a criminal history record until the person
1913	seeking to expunge a criminal history record has applied for and
1914	received a certificate of eligibility for expunction pursuant to
1915	subsection (2). A criminal history record that relates to a
1916	violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
1917	817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
1918	847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
1919	s. 907.041 may not be expunged, without regard to whether
1920	adjudication was withheld, if the defendant was found guilty of
1921	or pled guilty or nolo contendere to the offense, or if the
1922	defendant, as a minor, was found to have committed, or pled
1923	guilty or nolo contendere to committing, the offense as a
1924	delinquent act. The court may only order expunction of a
1925	criminal history record pertaining to one arrest or one incident
1926	of alleged criminal activity, except as provided in this
1927	section. The court may, at its sole discretion, order the
1928	expunction of a criminal history record pertaining to more than
1929	one arrest if the additional arrests directly relate to the
1930	original arrest. If the court intends to order the expunction of
1931	records pertaining to such additional arrests, such intent must
1932	be specified in the order. A criminal justice agency may not
1933	expunge any record pertaining to such additional arrests if the
1934	order to expunge does not articulate the intention of the court
1935	to expunge a record pertaining to more than one arrest. This
1936	section does not prevent the court from ordering the expunction
1937	of only a portion of a criminal history record pertaining to one
1938	arrest or one incident of alleged criminal activity.
1939	Notwithstanding any law to the contrary, a criminal justice
1940	agency may comply with laws, court orders, and official requests
1941	of other jurisdictions relating to expunction, correction, or
1942	confidential handling of criminal history records or information
1943	derived therefrom. This section does not confer any right to the
1944	expunction of any criminal history record, and any request for
1945	expunction of a criminal history record may be denied at the
1946	sole discretion of the court.
1947	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
1948	criminal history record of a minor or an adult which is ordered
1949	expunged by a court of competent jurisdiction pursuant to this
1950	section must be physically destroyed or obliterated by any
1951	criminal justice agency having custody of such record; except
1952	that any criminal history record in the custody of the
1953	department must be retained in all cases. A criminal history
1954	record ordered expunged that is retained by the department is
1955	confidential and exempt from the provisions of s. 119.07(1) and
1956	s. 24(a), Art. I of the State Constitution and not available to
1957	any person or entity except upon order of a court of competent
1958	jurisdiction. A criminal justice agency may retain a notation
1959	indicating compliance with an order to expunge.
1960	(a)  The person who is the subject of a criminal history
1961	record that is expunged under this section or under other
1962	provisions of law, including former s. 893.14, former s. 901.33,
1963	and former s. 943.058, may lawfully deny or fail to acknowledge
1964	the arrests covered by the expunged record, except when the
1965	subject of the record:
1966	1.  Is a candidate for employment with a criminal justice
1967	agency;
1968	2.  Is a defendant in a criminal prosecution;
1969	3.  Concurrently or subsequently petitions for relief under
1970	this section or s. 943.059;
1971	4.  Is a candidate for admission to The Florida Bar;
1972	5.  Is seeking to be employed or licensed by or to contract
1973	with the Department of Children and Family Services or the
1974	Department of Juvenile Justice or to be employed or used by such
1975	contractor or licensee in a sensitive position having direct
1976	contact with children, the developmentally disabled, the aged,
1977	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
1978	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1979	409.175(2)(i), s. 415.102(4), s. 985.407, or chapter 400; or
1980	6.  Is seeking to be employed or licensed by the Office of
1981	Teacher Education, Certification, Staff Development, and
1982	Professional Practices of the Department of Education, any
1983	district school board, or any local governmental entity that
1984	licenses child care facilities.
1985	Section 99.  Paragraph (a) of subsection (4) of section
1986	943.059, Florida Statutes, is amended to read:
1987	943.059  Court-ordered sealing of criminal history
1988	records.--The courts of this state shall continue to have
1989	jurisdiction over their own procedures, including the
1990	maintenance, sealing, and correction of judicial records
1991	containing criminal history information to the extent such
1992	procedures are not inconsistent with the conditions,
1993	responsibilities, and duties established by this section. Any
1994	court of competent jurisdiction may order a criminal justice
1995	agency to seal the criminal history record of a minor or an
1996	adult who complies with the requirements of this section. The
1997	court shall not order a criminal justice agency to seal a
1998	criminal history record until the person seeking to seal a
1999	criminal history record has applied for and received a
2000	certificate of eligibility for sealing pursuant to subsection
2001	(2). A criminal history record that relates to a violation of s.
2002	787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
2003	825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s.
2004	847.0145, s. 893.135, or a violation enumerated in s. 907.041
2005	may not be sealed, without regard to whether adjudication was
2006	withheld, if the defendant was found guilty of or pled guilty or
2007	nolo contendere to the offense, or if the defendant, as a minor,
2008	was found to have committed or pled guilty or nolo contendere to
2009	committing the offense as a delinquent act. The court may only
2010	order sealing of a criminal history record pertaining to one
2011	arrest or one incident of alleged criminal activity, except as
2012	provided in this section. The court may, at its sole discretion,
2013	order the sealing of a criminal history record pertaining to
2014	more than one arrest if the additional arrests directly relate
2015	to the original arrest. If the court intends to order the
2016	sealing of records pertaining to such additional arrests, such
2017	intent must be specified in the order. A criminal justice agency
2018	may not seal any record pertaining to such additional arrests if
2019	the order to seal does not articulate the intention of the court
2020	to seal records pertaining to more than one arrest. This section
2021	does not prevent the court from ordering the sealing of only a
2022	portion of a criminal history record pertaining to one arrest or
2023	one incident of alleged criminal activity. Notwithstanding any
2024	law to the contrary, a criminal justice agency may comply with
2025	laws, court orders, and official requests of other jurisdictions
2026	relating to sealing, correction, or confidential handling of
2027	criminal history records or information derived therefrom. This
2028	section does not confer any right to the sealing of any criminal
2029	history record, and any request for sealing a criminal history
2030	record may be denied at the sole discretion of the court.
2031	(4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
2032	history record of a minor or an adult which is ordered sealed by
2033	a court of competent jurisdiction pursuant to this section is
2034	confidential and exempt from the provisions of s. 119.07(1) and
2035	s. 24(a), Art. I of the State Constitution and is available only
2036	to the person who is the subject of the record, to the subject's
2037	attorney, to criminal justice agencies for their respective
2038	criminal justice purposes, or to those entities set forth in
2039	subparagraphs (a)1., 4., 5., and 6. for their respective
2040	licensing and employment purposes.
2041	(a)  The subject of a criminal history record sealed under
2042	this section or under other provisions of law, including former
2043	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
2044	deny or fail to acknowledge the arrests covered by the sealed
2045	record, except when the subject of the record:
2046	1.  Is a candidate for employment with a criminal justice
2047	agency;
2048	2.  Is a defendant in a criminal prosecution;
2049	3.  Concurrently or subsequently petitions for relief under
2050	this section or s. 943.0585;
2051	4.  Is a candidate for admission to The Florida Bar;
2052	5.  Is seeking to be employed or licensed by or to contract
2053	with the Department of Children and Family Services or the
2054	Department of Juvenile Justice or to be employed or used by such
2055	contractor or licensee in a sensitive position having direct
2056	contact with children, the developmentally disabled, the aged,
2057	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
2058	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
2059	409.175(2)(i), s. 415.102(4), s. 415.103, s. 985.407, or chapter
2060	400; or
2061	6.  Is seeking to be employed or licensed by the Office of
2062	Teacher Education, Certification, Staff Development, and
2063	Professional Practices of the Department of Education, any
2064	district school board, or any local governmental entity which
2065	licenses child care facilities.
2066	Section 100.  Subsections (3) and (4) of section 393.0641,
2067	Florida Statutes, are amended to read:
2068	393.0641  Program for the prevention and treatment of
2069	severe self-injurious behavior.--
2070	(3)  The agency department may contract for the provision
2071	of any portion or all of the services required by the program.
2072	(4)  The agency has department shall have the authority to
2073	license this program and shall adopt promulgate rules to
2074	implement the program.
2075	Section 101.  Section 393.065, Florida Statutes, is amended
2076	to read:
2077	393.065  Application and eligibility determination.--
2078	(1)  Application for services shall be made in writing to
2079	the agency Department of Children and Family Services, in the
2080	district in which the applicant resides. Employees of the
2081	agency's department's developmental services program shall
2082	review each applicant for eligibility within 45 days after the
2083	date the application is signed for children under 6 years of age
2084	and within 60 days after the date the application is signed for
2085	all other applicants. When necessary to definitively identify
2086	individual conditions or needs, the agency department shall
2087	provide a comprehensive assessment. Only individuals whose
2088	domicile is in Florida are shall be eligible for services.
2089	Information accumulated by other agencies, including
2090	professional reports and collateral data, shall be considered in
2091	this process when available.
2092	(2)  In order to provide immediate services or crisis
2093	intervention to applicants, the agency department shall arrange
2094	for emergency eligibility determination, with a full eligibility
2095	review to be accomplished within 45 days of the emergency
2096	eligibility determination.
2097	(3)  The agency department shall notify each applicant, in
2098	writing, of its eligibility decision. Any applicant determined
2099	by the agency department to be ineligible for developmental
2100	services has shall have the right to appeal this decision
2101	pursuant to ss. 120.569 and 120.57.
2102	(4)  The agency department shall assess the level of need
2103	and medical necessity for prospective residents of intermediate-
2104	care facilities for the developmentally disabled after October
2105	1, 1999. The agency department may enter into an agreement with
2106	the Department of Elderly Affairs for its Comprehensive
2107	Assessment and Review for Long-Term-Care Services (CARES)
2108	program to conduct assessments to determine the level of need
2109	and medical necessity for long-term-care services under this
2110	chapter. To the extent permissible under federal law, the
2111	assessments must be funded under Title XIX of the Social
2112	Security Act.
2113	Section 102.  Section 393.0651, Florida Statutes, is
2114	amended to read:
2115	393.0651  Family or individual support plan.--The agency
2116	department shall provide for an appropriate family support plan
2117	for children ages birth to 18 years of age and an individual
2118	support plan for each client. The parent or guardian of the
2119	client or, if competent, the client, or, when appropriate, the
2120	client advocate, shall be consulted in the development of the
2121	plan and shall receive a copy of the plan. Each plan shall
2122	include the most appropriate, least restrictive, and most cost-
2123	beneficial environment for accomplishment of the objectives for
2124	client progress and a specification of all services authorized.
2125	The plan shall include provisions for the most appropriate level
2126	of care for the client. Within the specification of needs and
2127	services for each client, when residential care is necessary,
2128	the agency department shall move toward placement of clients in
2129	residential facilities based within the client's community. The
2130	ultimate goal of each plan, whenever possible, shall be to
2131	enable the client to live a dignified life in the least
2132	restrictive setting, be that in the home or in the community.
2133	For children under 6 years of age, the family support plan shall
2134	be developed within the 45-day application period as specified
2135	in s. 393.065(1); for all applicants 6 years of age or older,
2136	the family or individual support plan shall be developed within
2137	the 60-day period as specified in that subsection.
2138	(1)  The agency department shall develop and specify by
2139	rule the core components of support plans to be used by each
2140	district.
2141	(2)(a)  The family or individual support plan shall be
2142	integrated with the individual education plan (IEP) for all
2143	clients who are public school students entitled to a free
2144	appropriate public education under the Individuals with
2145	Disabilities Education Act, I.D.E.A., as amended. The family or
2146	individual support plan and IEP shall be implemented to maximize
2147	the attainment of educational and habilitation goals. If the IEP
2148	for a student enrolled in a public school program indicates
2149	placement in a public or private residential program is
2150	necessary to provide special education and related services to a
2151	client, the local education agency shall provide for the costs
2152	of that service in accordance with the requirements of the
2153	Individuals with Disabilities Education Act, I.D.E.A., as
2154	amended. This shall not preclude local education agencies and
2155	the agency department from sharing the residential service costs
2156	of students who are clients and require residential placement.
2157	Under no circumstances shall clients entitled to a public
2158	education or their parents be assessed a fee by the agency
2159	department under s. 402.33 for placement in a residential
2160	program.
2161	(b)  For clients who are entering or exiting the school
2162	system, an interdepartmental staffing team composed of
2163	representatives of the agency department and the local school
2164	system shall develop a written transitional living and training
2165	plan with the participation of the client or with the parent or
2166	guardian of the client, or the client advocate, as appropriate.
2167	(3)  Each family or individual support plan shall be
2168	facilitated through case management designed solely to advance
2169	the individual needs of the client.
2170	(4)  In the development of the family or individual support
2171	plan, a client advocate may be appointed by the support planning
2172	team for a client who is a minor or for a client who is not
2173	capable of express and informed consent when:
2174	(a)  The parent or guardian cannot be identified;
2175	(b)  The whereabouts of the parent or guardian cannot be
2176	discovered; or
2177	(c)  The state is the only legal representative of the
2178	client.
2179
2180	Such appointment shall not be construed to extend the powers of
2181	the client advocate to include any of those powers delegated by
2182	law to a legal guardian.
2183	(5)  The agency department shall place a client in the most
2184	appropriate and least restrictive, and cost-beneficial,
2185	residential facility according to his or her individual
2186	habilitation plan. The parent or guardian of the client or, if
2187	competent, the client, or, when appropriate, the client
2188	advocate, and the administrator of the residential facility to
2189	which placement is proposed shall be consulted in determining
2190	the appropriate placement for the client. Considerations for
2191	placement shall be made in the following order:
2192	(a)  Client's own home or the home of a family member or
2193	direct service provider.
2194	(b)  Foster care facility.
2195	(c)  Group home facility.
2196	(d)  Intermediate care facility for the developmentally
2197	disabled.
2198	(e)  Other facilities licensed by the agency department
2199	which offer special programs for people with developmental
2200	disabilities.
2201	(f)  Developmental services institution.
2202	(6)  In developing a client's annual family or individual
2203	support plan, the individual or family with the assistance of
2204	the support planning team shall identify measurable objectives
2205	for client progress and shall specify a time period expected for
2206	achievement of each objective.
2207	(7)  The individual, family, and support coordinator shall
2208	review progress in achieving the objectives specified in each
2209	client's family or individual support plan, and shall revise the
2210	plan annually, following consultation with the client, if
2211	competent, or with the parent or guardian of the client, or,
2212	when appropriate, the client advocate. The agency department
2213	shall annually report in writing to the client, if competent, or
2214	to the parent or guardian of the client, or to the client
2215	advocate, when appropriate, with respect to the client's
2216	habilitative and medical progress.
2217	(8)  Any client, or any parent of a minor client, or
2218	guardian, authorized guardian advocate, or client advocate for a
2219	client, who is substantially affected by the client's initial
2220	family or individual support plan, or the annual review thereof,
2221	shall have the right to file a notice to challenge the decision
2222	pursuant to ss. 120.569 and 120.57. Notice of such right to
2223	appeal shall be included in all support plans provided by the
2224	agency department.
2225	Section 103.  Section 393.0673, Florida Statutes, is
2226	amended to read:
2227	393.0673  Denial, suspension, revocation of license;
2228	moratorium on admissions; administrative fines; procedures.--
2229	(1)  The agency Department of Children and Family Services
2230	may deny, revoke, or suspend a license or impose an
2231	administrative fine, not to exceed $1,000 per violation per day,
2232	for a violation of any provision of s. 393.0655 or s. 393.067 or
2233	rules adopted pursuant thereto. All hearings shall be held
2234	within the county in which the licensee or applicant operates or
2235	applies for a license to operate a facility as defined herein.
2236	(2)  The agency department, as a part of any final order
2237	issued by it under the provisions of this chapter, may impose
2238	such fine as it deems proper, except that such fine may not
2239	exceed $1,000 for each violation.  Each day a violation of this
2240	chapter occurs constitutes a separate violation and is subject
2241	to a separate fine, but in no event may the aggregate amount of
2242	any fine exceed $10,000.  Fines paid by any facility licensee
2243	under the provisions of this subsection shall be deposited in
2244	the Resident Protection Trust Fund and expended as provided in
2245	s. 400.063.
2246	(3)  The agency department may issue an order immediately
2247	suspending or revoking a license when it determines that any
2248	condition in the facility presents a danger to the health,
2249	safety, or welfare of the residents in the facility.
2250	(4)  The agency department may impose an immediate
2251	moratorium on admissions to any facility when the department
2252	determines that any condition in the facility presents a threat
2253	to the health, safety, or welfare of the residents in the
2254	facility.
2255	Section 104.  Subsections (1) and (3) of section 393.0675,
2256	Florida Statutes, are amended to read:
2257	393.0675  Injunctive proceedings authorized.--
2258	(1)  The agency Department of Children and Family Services
2259	may institute injunctive proceedings in a court of competent
2260	jurisdiction to:
2261	(a)  Enforce the provisions of this chapter or any minimum
2262	standard, rule, regulation, or order issued or entered pursuant
2263	thereto; or
2264	(b)  Terminate the operation of facilities licensed
2265	pursuant to this chapter when any of the following conditions
2266	exist:
2267	1.  Failure by the facility to take preventive or
2268	corrective measures in accordance with any order of the agency
2269	department.
2270	2.  Failure by the facility to abide by any final order of
2271	the agency department once it has become effective and binding.
2272	3.  Any violation by the facility constituting an emergency
2273	requiring immediate action as provided in s. 393.0673.
2274	(3)  The agency department may institute proceedings for an
2275	injunction in a court of competent jurisdiction to terminate the
2276	operation of a provider of supports or services if such provider
2277	has willfully and knowingly refused to comply with the screening
2278	requirement for direct service providers or has refused to
2279	terminate direct service providers found not to be in compliance
2280	with the requirements for good moral character.
2281	Section 105.  Subsection (1), paragraphs (b), (c), and (d)
2282	of subsection (2), and paragraph(e) of subsection (3) of section
2283	393.0678, Florida Statutes, are amended to read:
2284	393.0678  Receivership proceedings.--
2285	(1)  The agency department may petition a court of
2286	competent jurisdiction for the appointment of a receiver for an
2287	intermediate care facility for the developmentally disabled, a
2288	residential habilitation center, or a group home facility owned
2289	and operated by a corporation or partnership when any of the
2290	following conditions exist:
2291	(a)  Any person is operating a facility without a license
2292	and refuses to make application for a license as required by s.
2293	393.067 or, in the case of an intermediate care facility for the
2294	developmentally disabled, as required by ss. 393.067 and
2295	400.062.
2296	(b)  The licensee is closing the facility or has informed
2297	the department that it intends to close the facility; and
2298	adequate arrangements have not been made for relocation of the
2299	residents within 7 days, exclusive of weekends and holidays, of
2300	the closing of the facility.
2301	(c)  The agency department determines that conditions exist
2302	in the facility which present an imminent danger to the health,
2303	safety, or welfare of the residents of the facility or which
2304	present a substantial probability that death or serious physical
2305	harm would result therefrom.  Whenever possible, the agency
2306	department shall facilitate the continued operation of the
2307	program.
2308	(d)  The licensee cannot meet its financial obligations to
2309	provide food, shelter, care, and utilities. Evidence such as the
2310	issuance of bad checks or the accumulation of delinquent bills
2311	for such items as personnel salaries, food, drugs, or utilities
2312	constitutes prima facie evidence that the ownership of the
2313	facility lacks the financial ability to operate the home in
2314	accordance with the requirements of this chapter and all rules
2315	promulgated thereunder.
2316	(2)
2317	(b)  A hearing shall be conducted within 5 days of the
2318	filing of the petition, at which time all interested parties
2319	shall have the opportunity to present evidence pertaining to the
2320	petition.  The agency department shall notify the owner or
2321	operator of the facility named in the petition of its filing and
2322	the date set for the hearing.
2323	(c)  The court shall grant the petition only upon finding
2324	that the health, safety, or welfare of residents of the facility
2325	would be threatened if a condition existing at the time the
2326	petition was filed is permitted to continue.  A receiver may not
2327	be appointed ex parte unless the court determines that one or
2328	more of the conditions in subsection (1) exist; that the
2329	facility owner or operator cannot be found; that all reasonable
2330	means of locating the owner or operator and notifying him or her
2331	of the petition and hearing have been exhausted; or that the
2332	owner or operator after notification of the hearing chooses not
2333	to attend. After such findings, the court may appoint any person
2334	qualified by education, training, or experience to carry out the
2335	responsibilities of receiver pursuant to this section, except
2336	that the court may not appoint any owner or affiliate of the
2337	facility which is in receivership.  Before the appointment as
2338	receiver of a person who is the operator, manager, or supervisor
2339	of another facility, the court shall determine that the person
2340	can reasonably operate, manage, or supervise more than one
2341	facility.  The receiver may be appointed for up to 90 days with
2342	the option of petitioning the court for 30-day extensions.  The
2343	receiver may be selected from a list of persons qualified to act
2344	as receivers developed by the agency department and presented to
2345	the court with each petition for receivership. Under no
2346	circumstances may the agency department or designated agency
2347	departmental employee be appointed as a receiver for more than
2348	60 days; however, the agency departmental receiver may petition
2349	the court for 30-day extensions.  The court shall grant an
2350	extension upon a showing of good cause.  The agency department
2351	may petition the court to appoint a substitute receiver.
2352	(d)  During the first 60 days of the receivership, the
2353	agency department may not take action to decertify or revoke the
2354	license of a facility unless conditions causing imminent danger
2355	to the health and welfare of the residents exist and a receiver
2356	has been unable to remove those conditions.  After the first 60
2357	days of receivership, and every 60 days thereafter until the
2358	receivership is terminated, the agency department shall submit
2359	to the court the results of an assessment of the ability of the
2360	facility to assure the safety and care of the residents.  If the
2361	conditions at the facility or the intentions of the owner
2362	indicate that the purpose of the receivership is to close the
2363	facility rather than to facilitate its continued operation, the
2364	agency department shall place the residents in appropriate
2365	alternate residential settings as quickly as possible.  If, in
2366	the opinion of the court, the agency department has not been
2367	diligent in its efforts to make adequate arrangements for
2368	placement, the court shall find the agency department to be in
2369	contempt and shall order the agency department to submit its
2370	plans for moving the residents.
2371	(3)  The receiver shall make provisions for the continued
2372	health, safety, and welfare of all residents of the facility
2373	and:
2374	(e)  May use the building, fixtures, furnishings, and any
2375	accompanying consumable goods in the provision of care and
2376	services to residents and to any other persons receiving
2377	services from the facility at the time the petition for
2378	receivership was filed.  The receiver shall collect payments for
2379	all goods and services provided to residents or others during
2380	the period of the receivership at the same rate of payment
2381	charged by the owner at the time the petition for receivership
2382	was filed, or at a fair and reasonable rate otherwise approved
2383	by the court for private, paying residents. The receiver may
2384	apply to the agency department for a rate increase for residents
2385	under Title XIX of the Social Security Act if the facility is
2386	not receiving the state reimbursement cap and if expenditures
2387	justify an increase in the rate.
2388	Section 106.  Section 393.071, Florida Statutes, is amended
2389	to read:
2390	393.071  Client fees.--The agency Department of Children
2391	and Family Services shall charge fees for services provided to
2392	clients in accordance with s. 402.33.
2393	Section 107.  Subsection (2) of section 393.075, Florida
2394	Statutes, is amended to read:
2395	393.075  General liability coverage.--
2396	(2)  The Division of Risk Management of the Department of
2397	Financial Services shall provide coverage through the agency
2398	Department of Children and Family Services to any person who
2399	owns or operates a foster care facility or group home facility
2400	solely for the agency Department of Children and Family
2401	Services, who cares for children placed by developmental
2402	services staff of the agency department, and who is licensed
2403	pursuant to s. 393.067 to provide such supervision and care in
2404	his or her place of residence. The coverage shall be provided
2405	from the general liability account of the State Risk Management
2406	Trust Fund.  The coverage is limited to general liability claims
2407	arising from the provision of supervision and care of children
2408	in a foster care facility or group home facility pursuant to an
2409	agreement with the agency department and pursuant to guidelines
2410	established through policy, rule, or statute. Coverage shall be
2411	subject to the limits provided in ss. 284.38 and 284.385, and
2412	the exclusions set forth therein, together with other exclusions
2413	as may be set forth in the certificate of coverage issued by the
2414	trust fund. A person covered under the general liability account
2415	pursuant to this subsection shall immediately notify the
2416	Division of Risk Management of the Department of Financial
2417	Services of any potential or actual claim.
2418	Section 108.  Section 393.115, Florida Statutes, is amended
2419	to read:
2420	393.115  Discharge.--
2421	(1)  DISCHARGE AT THE AGE OF MAJORITY.--
2422	(a)  When any residential client reaches his or her 18th
2423	birthday, the agency department shall give the resident or legal
2424	guardian the option to continue residential services or to be
2425	discharged from residential services.
2426	(b)  If the resident appears to meet the criteria for
2427	involuntary admission to residential services, as defined in s.
2428	393.11, the agency department shall file a petition to determine
2429	the appropriateness of continued residential placement on an
2430	involuntary basis. The agency department shall file the petition
2431	for involuntary admission in the county in which the client
2432	resides. If the resident was originally involuntarily admitted
2433	to residential services pursuant to s. 393.11, then the agency
2434	department shall file the petition in the court having
2435	continuing jurisdiction over the case.
2436	(c)  Nothing in this section shall in any way limit or
2437	restrict the resident's right to a writ of habeas corpus or the
2438	right of the agency department to transfer a resident receiving
2439	residential care to a program of appropriate services provided
2440	by the agency department when such program is the appropriate
2441	habilitative setting for the resident.
2442	(2)  DISCHARGE AFTER CRIMINAL OR JUVENILE COMMITMENT.--Any
2443	person with developmental disabilities committed to the custody
2444	of the agency department pursuant to the provisions of the
2445	applicable criminal or juvenile court law shall be discharged in
2446	accordance with the requirements of the applicable criminal or
2447	juvenile court law.
2448	Section 109.  Subsection (3) of section 393.12, Florida
2449	Statutes, is amended to read:
2450	393.12  Capacity; appointment of guardian advocate.--
2451	(3)  COURT COSTS.--In all proceedings under this section,
2452	no court costs shall be charged against the agency department.
2453	Section 110.  Section 393.125, Florida Statutes, is amended
2454	to read:
2455	393.125  Hearing rights.--
2456	(1)  REVIEW OF AGENCY DEPARTMENT DECISIONS.--
2457	(a)  Any developmental services applicant or client, or his
2458	or her parent, guardian, guardian advocate, or authorized
2459	representative, who has any substantial interest determined by
2460	the agency department, has shall have the right to request an
2461	administrative hearing pursuant to ss. 120.569 and 120.57.
2462	(b)  Notice of the right to an administrative hearing shall
2463	be given, both verbally and in writing, to the applicant or
2464	client, and his or her parent, guardian, guardian advocate, or
2465	authorized representative, at the same time that the agency
2466	department gives the applicant or client notice of the agency's
2467	department's action.  The notice shall be given, both verbally
2468	and in writing, in the language of the client or applicant and
2469	in English.
2470	(c)  A request for a hearing under this section shall be
2471	made to the agency department, in writing, within 30 days of the
2472	applicant's or client's receipt of the notice.
2473	(2)  REVIEW OF PROVIDER DECISIONS.--The agency department
2474	shall adopt promulgate rules to establish uniform guidelines for
2475	the agency department and service providers relevant to
2476	termination, suspension, or reduction of client services by the
2477	service provider.  The rules shall ensure the due process rights
2478	of service providers and clients.
2479	Section 111.  Subsections (3), (4), (5), and (6) of section
2480	393.15, Florida Statutes, are amended to read:
2481	393.15  Legislative intent; Community Resources Development
2482	Trust Fund.--
2483	(3)  There is created a Community Resources Development
2484	Trust Fund in the State Treasury to be used by the agency
2485	Department of Children and Family Services for the purpose of
2486	granting loans to eligible programs for the initial costs of
2487	development of the programs.  Loans shall be made only to those
2488	facilities which are in compliance with the zoning regulations
2489	of the local community.  Costs of development may include
2490	structural modification, the purchase of equipment and fire and
2491	safety devices, preoperational staff training, and the purchase
2492	of insurance.  Such costs shall not include the actual
2493	construction of a facility.
2494	(4)  The agency department may grant to an eligible program
2495	a lump-sum loan in one payment not to exceed the cost to the
2496	program of providing 2 months' services, care, or maintenance to
2497	each person who is developmentally disabled to be placed in the
2498	program by the agency department, or the actual cost of
2499	firesafety renovations to a facility required by the state,
2500	whichever is greater.  Loans granted to programs shall not be in
2501	lieu of payment for maintenance, services, or care provided, but
2502	shall stand separate and distinct.  The agency department shall
2503	adopt promulgate rules, as provided in chapter 120, to determine
2504	the standards under which a program shall be eligible to receive
2505	a loan as provided in this section and criteria for the
2506	equitable allocation of loan trust funds when eligible
2507	applications exceed the funds available.
2508	(5)  Any loan granted by the agency department under this
2509	section shall be repaid by the program within 5 years.  A
2510	program that which operates as a nonprofit corporation meeting
2511	the requirements of s. 501(c)(3) of the Internal Revenue Code,
2512	and that which seeks forgiveness of its loan shall submit to the
2513	agency department a statement setting forth the service it has
2514	provided during the year together with such other information as
2515	the agency department by rule shall require, and, upon approval
2516	of each such annual statement, the agency department shall
2517	forgive 20 percent of the principal of any such loan granted
2518	after June 30, 1975.
2519	(6)  If any program that which has received a loan under
2520	this section ceases to accept, or provide care, services, or
2521	maintenance to persons placed in the program by the department,
2522	or if such program files shall file papers of bankruptcy, at
2523	that point in time the loan shall become an interest-bearing
2524	loan at the rate of 5 percent per annum on the entire amount of
2525	the initial loan which shall be repaid within a 1-year period
2526	from the date on which the program ceases to provide care,
2527	services, or maintenance, or files papers in bankruptcy, and the
2528	amount of the loan due plus interest shall constitute a lien in
2529	favor of the state against all real and personal property of the
2530	program.  The lien shall be perfected by the appropriate officer
2531	of the agency department by executing and acknowledging a
2532	statement of the name of the program and the amount due on the
2533	loan and a copy of the promissory note, which shall be recorded
2534	by the agency department with the clerk of the circuit court in
2535	the county wherein the program is located.  If the program has
2536	filed a petition for bankruptcy, the agency department shall
2537	file and enforce the lien in the bankruptcy proceedings.
2538	Otherwise, the lien shall be enforced in the manner provided in
2539	s. 85.011.  All funds received by the agency department from the
2540	enforcement of the lien shall be deposited in the Community
2541	Resources Development Trust Fund.
2542	Section 112.  Subsection (1) of section 393.501, Florida
2543	Statutes, is amended to read:
2544	393.501  Rulemaking.--
2545	(1)  The agency department shall adopt rules to carry out
2546	the provisions of this chapter.
2547	Section 113.  Section 393.503, Florida Statutes, is amended
2548	to read:
2549	393.503  Respite and family care subsidy expenditures;
2550	funding.--The agency Department of Children and Family Services
2551	shall determine the amount of expenditures per fiscal year for
2552	the respite and family care subsidy to families and individuals
2553	with developmental disabilities living in their own homes.  This
2554	information shall be made available to the family care councils
2555	and to others requesting the information.  The family care
2556	councils shall review the expenditures and make recommendations
2557	to the agency department with respect to any new funds that are
2558	made available for family care.
2559	Section 114.  Subsection (2) of section 393.506, Florida
2560	Statutes, is amended to read:
2561	393.506  Administration of medication.--
2562	(2)  Each facility, institution, or program must include in
2563	its policies and procedures a plan for training designated staff
2564	to ensure the safe handling, storage, and administration of
2565	prescription medication. These policies and procedures must be
2566	approved by the agency department before unlicensed direct care
2567	services staff assist with medication.
2568	Section 115.  Effective upon this act becoming a law, the
2569	Economic Self-Sufficiency Services program of the Department of
2570	Children and Family Services may provide its eligibility
2571	determination functions either with department staff or through
2572	contracts with at least two private vendors, with the following
2573	restrictions:
2574	(a)  With the exception of information technology, no
2575	contract shall be for a geographic area larger than a combined
2576	seven districts or combined three zones without the prior
2577	approval of the Legislative Budget Commission; and
2578	(b)  Department employees must provide the functions in at
2579	least one area of the state if their proposed cost is
2580	competitive with private vendors.
2581	Section 116.  Except as otherwise expressly provided in
2582	this act, this act shall take effect July 1, 2004.
2583
2584	================ T I T L E  A M E N D M E N T =============
2585	Remove line(s) 215 and insert:
2586	amending s. 20.19, F.S.; removing the developmental
2587	disabilities program from the Department of Children and
2588	Family Services; creating s. 20.197, F.S.; establishing
2589	the Agency for Persons with Disabilities for the purpose
2590	of providing services to persons with developmental
2591	disabilities, including institutional services; directing
2592	the agency to execute interagency agreements with the
2593	Agency for Health Care Administration for the financial
2594	management of the Medicaid waivers and the Department of
2595	Children and Family Services for administrative support;
2596	amending s. 393.063, F.S.; updating definitions and
2597	deleting obsolete definitions; amending s. 393.064, F.S.;
2598	deleting requirements that the agency's legislative budget
2599	request include funding for prevention; amending s.
2600	393.0655, F.S.; requiring Level 2 screening for specified
2601	persons and service providers; providing a limitation on
2602	the screening requirement in certain circumstances
2603	involving children between 12 and 18 years of age;
2604	amending s. 393.066, F.S.; removing requirement that
2605	services be administered and approved by the districts;
2606	modifying a requirement to provide certain services;
2607	deleting a requirement for a 5-year plan relating to
2608	community-based services; adding a requirement to assist
2609	clients in gaining employment; repealing obsolete
2610	requirement authorizing the state to lease or construct
2611	residential facilities; deleting authorization to adopt
2612	rules ensuring compliance with federal rules; amending s.
2613	393.0661, F.S.; authorizing the Agency for Disabled
2614	Persons to enter into certain contracts; providing for
2615	reimbursement to certain providers of services to the
2616	developmentally disabled pursuant a methodology; requiring
2617	the Agency for Health Care administration, in consultation
2618	with the Agency for Disabled Persons, to adopt rules
2619	related to such methodology; authorizing the Agency for
2620	Health Care Administration to adopt emergency rules in
2621	certain circumstances; limiting the applicability of such
2622	emergency rules; authorizing the Agency for Health Care
2623	Administration, in consultation with the Agency for
2624	Disabled Persons, to make certain adjustments necessary to
2625	comply with the availability of appropriations; deleting
2626	an obsolete provision; modifying provisions relating to an
2627	assessment instrument; adding requirements for adoption of
2628	rate methodologies; amending s. 393.068, F.S.; making
2629	service provision subject to available resources; updating
2630	list of services to be provided; deleting provision
2631	referring to 5-year plans; amending s. 393.0695, F.S.;
2632	requiring in-home subsidy amounts to be reassessed
2633	annually; amending s. 393.11, F.S.; deleting provisions
2634	referring to districts, department programs, and the
2635	nonexistent Department of Labor and Employment Security;
2636	amending s. 393.13, F.S.; deleting obsolete provisions;
2637	adding legislative intent relating to reducing the use of
2638	sheltered workshops; amending s. 393.17, F.S.; authorizing
2639	the agency to contract for the certification of behavioral
2640	analysts; deleting provisions relating to a certification
2641	program and provisions allowing fees; amending s. 393.22,
2642	F.S.; deleting prohibition preventing transfer of funds
2643	and ensuring financial commitment for specified
2644	developmental conditions; amending s. 393.502, F.S.;
2645	removing reference to districts; deleting a provision
2646	permitting appointment of family care council members if
2647	the Governor does not act; amending ss. 408.301 and
2648	408.302, F.S.; amending legislative intent to add the
2649	Agency for Persons with Disabilities and the Department of
2650	Elderly Affairs as agencies that the Agency for Health
2651	Care Administration must enter into interagency agreement
2652	with regarding persons with special needs; amending s.
2653	409.906, F.S.; clarifying powers of the Agency for Health
2654	Care Administration with respect to limiting coverage for
2655	certain services; repealing s. 393.14, F.S.; requiring a
2656	multiyear plan; repealing s. 393.165, F.S., relating to
2657	ICF/DDs; repealing s. 393.166, F.S., relating to homes for
2658	special services; repealing s. 393.505, F.S., relating to
2659	comprehensive day treatment service projects; transferring
2660	programs and institutions relating to developmental
2661	disabilities from the Department of Children and Family
2662	Services to the Agency for Persons with Disabilities;
2663	providing duties of those agencies as well as the
2664	Department of Management Services; providing for
2665	substitution of parties in administrative and judicial
2666	proceedings; providing duties of the Office of Program
2667	Policy Analysis and Government Accountability; providing
2668	for a report; amending ss. 92.53, 397.405, 400.464,
2669	419.001, 914.16, 914.17, 918.16, 943.0585, and 943.059,
2670	F.S.; conforming cross references; amending ss. 393.0641,
2671	393.065, 393.0651, 393.067, 393.0673, 393.0675, 393.0678,
2672	393.071, 393.075, 393.115, 393.12, 393.125, 393.15,
2673	393.501, 393.503, and 393.506, F.S.; conforming to the
2674	changes made by the act; providing applicability;
2675	authorizing the Department of Children and Family Services
2676	to enter into contracts for providing eligibility
2677	determinations in certain circumstances; providing
2678	effective dates.

CODING: Words stricken are deletions; words underlined are additions.