HB 1845

1	A bill to be entitled
2	An act relating to persons with disabilities; amending s.
3	39.202, F.S.; providing a right to access to reports and
4	records in abuse and neglect cases of by the Agency for
5	Persons with Disabilities; providing administrative duties
6	of the agency; amending s. 39.502, F.S.; requiring the
7	agency to provide certain notice of services to certain
8	parties in dependency proceedings; amending s. 383.14,
9	F.S.; revising membership on the Genetics and Newborn
10	Advisory Screening Council; repealing s. 393.061, F.S., to
11	repeal the short title for the Developmental Disabilities
12	Prevention and Community Services Act; amending s.
13	393.062, F.S.; revising legislative findings and intent;
14	amending s. 393.063, F.S.; revising definitions; amending
15	s. 393.064, F.S.; requiring the agency to provide certain
16	prevention services; amending s. 393.0641, F.S.; defining
17	"severe self-injurious behavior"; amending s. 393.065,
18	F.S.; revising provisions relating to application for
19	services and determination of eligibility; authorizing the
20	agency to adopt rules; amending s. 393.0651, F.S.;
21	requiring the agency to provide for family or individual
22	support plans; amending s. 393.0655, F.S.; revising
23	provisions relating to screening of direct service
24	providers; requiring the agency to adopt rules; amending
25	s. 393.0657, F.S.; revising provisions relating to
26	refingerprinting and rescreening; amending s. 393.066,
27	F.S.; revising provisions relating to services for persons
28	with developmental disabilities; amending s. 393.067,
29	F.S.; revising provisions relating to licensure of
30	residential facilities and comprehensive transitional
31	education programs; amending s. 393.0673, F.S.; revising
32	language relating to denial, suspension, or revocation of
33	licenses and administrative fines; amending s. 393.0674,
34	F.S.; providing penalties for providing or attempting to
35	provide supports or services with direct service providers
36	not in compliance with certain screening requirements;
37	amending s. 393.0675, F.S.; authorizing injunctive
38	proceedings against providers not in compliance with
39	screening requirements under ch. 393, F.S.; amending s.
40	393.0678, F.S.; revising provisions relating to
41	receivership proceedings; amending s. 393.068, F.S.;
42	revising provisions relating to family care program;
43	amending s. 393.0695, F.S.; providing for in-home
44	subsidies to be reassessed quarterly; amending s. 393.075,
45	F.S.; revising language relating to general liability
46	coverage, to conform; amending s. 393.11, F.S.; revising
47	provisions relating to involuntary admission to
48	residential services; providing for agency participation;
49	amending s. 393.122, F.S.; correcting and conforming
50	references; amending s. 393.125, F.S.; revising provision
51	relating to the review of provider decisions; amending s.
52	393.13, F.S.; revising legislative intent with regard to
53	treatment of persons with developmental disabilities;
54	revising provisions relating to client rights in
55	residential facilities and extending certain rights to
56	clients in intermediate care facilities; providing for a
57	program of resident government in intermediate care
58	facilities; revising provisions relating to resident
59	government; amending s. 393.135, F.S.; revising provisions
60	relating to the prohibition and reporting of sexual
61	misconduct and penalties therefor; revising definitions;
62	amending s. 393.15, F.S.; providing for a Community
63	Resources Development Loan Program; providing criteria for
64	eligibility; requiring repayment of loans within a
65	specified time period; providing for deposit of funds in
66	the Agency for Health Care Administration Administrative
67	Trust Fund and providing purposes for said funds; creating
68	s. 393.18, F.S.; creating a comprehensive transitional
69	education program; providing for purpose, duties,
70	staffing, types of services, licensing requirements, and
71	limitation on number of residents served; amending s.
72	393.501, F.S.; revising provisions relating to rulemaking;
73	amending s. 393.506, F.S.; revising policies and
74	procedures for the administration of medication to persons
75	with developmental disabilities; amending s. 397.405,
76	F.S.; conforming a reference; amending s. 400.419, F.S.;
77	including the Agency for Health Care Administration on a
78	list of agencies receiving information regarding
79	facilities that have been sanctioned or fined; amending s.
80	400.464, F.S.; conforming a cross reference; amending s.
81	400.960, F.S.; deleting  and revising definitions;
82	amending s. 400.967, F.S.; transferring rulemaking
83	authority for administration of  intermediate care
84	facilities for persons with disabilities from the
85	Department of Children and Family Services to the Agency
86	for Persons with Disabilities; amending s. 402.20, F.S.;
87	providing for county contracts for services for persons
88	with mental illness or developmental disabilities;
89	requiring compliance with agency standards; amending s.
90	402.22, F.S.; providing for the agency to coordinate
91	educational services for students residing in certain
92	residential care facilities; amending s. 408.036, F.S.;
93	conforming language; amending s. 409.908, F.S.; conforming
94	a reference; deleting obsolete provision; amending s.
95	409.9127, F.S.; requiring the Agency for Health Care
96	Administration to help the Agency for Persons with
97	Disabilities conduct certain assessments; amending s.
98	411.224, F.S.; requiring certain populations served by the
99	Agency for Persons with Disabilities to be included in a
100	family support plan; amending s. 415.1055, F.S.; requiring
101	notification to certain administrative agencies regarding
102	allegations that an employee or agent of the agency has
103	committed an act of abuse, neglect, or exploitation or
104	that a vulnerable adult resident of a facility licensed by
105	the agency has been the victim of abuse, neglect, or
106	exploitation; amending s. 415.107, F.S.; providing that
107	certain confidential reports and records may be released
108	to the agency for certain purposes; amending s. 419.001,
109	F.S.; revising and providing definitions; requiring the
110	agency to notify local government that a community
111	residential home is licensed at the time of occupancy;
112	requiring the agency to provide certain data identifying
113	community residential homes in certain districts;
114	prohibiting the agency form issuing a license to a
115	sponsoring agency not in compliance with notification
116	requirements; amending s. 435.03, F.S.; revising language
117	relating to screening for employees and employers of
118	intermediate care facilities for persons with
119	developmental disabilities; amending ss. 490.014, 491.014,
120	916.107, 916.301, and 916.3025, F.S.; conforming language
121	to changes made by the act; amending s. 944.602, F.S.;
122	requiring the Department of Corrections to notify the
123	agency prior to release of a mentally retarded inmate;
124	amending s. 945.025, F.S.; requiring the Department of
125	Corrections to cooperate with the agency to ensure
126	delivery of certain services to certain offenders;
127	deleting obsolete language; amending s. 947.185, F.S.;
128	requiring an inmate to apply for mental retardation
129	services  from the as a condition of parole; amending s.
130	984.19, F.S.; providing for evaluation of a child alleged
131	to have a developmental disability by the agency; amending
132	s. 984.225, F.S.; providing for referral to the agency for
133	placement of a child with a developmental disability in a
134	staff-secure shelter; amending s. 984.226, F.S.; providing
135	for referral to the agency for placement of a child with a
136	developmental disability in a physically secure setting;
137	amending s. 985.224, F.S.; authorizing the court to order
138	a child named in a detention petition or petition for
139	delinquency to be evaluated by the agency, under certain
140	circumstances; amending s. 1003.58, F.S.; requiring
141	district school boards to provide educational programs to
142	students in residential care facilities operated by the
143	agency; providing duties of the agency; providing an
144	effective date.
145
146	Be It Enacted by the Legislature of the State of Florida:
147
148	Section 1.  Paragraphs (a) and (h) of subsection (2) of
149	section 39.202, Florida Statutes, are amended to read:
150	39.202  Confidentiality of reports and records in cases of
151	child abuse or neglect.--
152	(2)  Except as provided in subsection (4), access to such
153	records, excluding the name of the reporter which shall be
154	released only as provided in subsection (5), shall be granted
155	only to the following persons, officials, and agencies:
156	(a)  Employees, authorized agents, or contract providers of
157	the department, the Department of Health, the Agency for Persons
158	with Disabilities, or county agencies responsible for carrying
159	out:
160	1.  Child or adult protective investigations;
161	2.  Ongoing child or adult protective services;
162	3.  Healthy Start services; or
163	4.  Licensure or approval of adoptive homes, foster homes,
164	or child care facilities, facilities licensed under chapter 393
165	or family day care homes, or informal child care providers who
166	receive subsidized child care funding, or other homes used to
167	provide for the care and welfare of children.
168	5.  Services for victims of domestic violence when provided
169	by certified domestic violence centers working at the
170	department's request as case consultants or with shared clients.
171
172	Also, employees or agents of the Department of Juvenile Justice
173	responsible for the provision of services to children, pursuant
174	to chapters 984 and 985.
175	(h)  Any appropriate official of the department or the
176	Agency for Persons with Disabilities responsible for:
177	1.  Administration or supervision of the department's
178	program for the prevention, investigation, or treatment of child
179	abuse, abandonment, or neglect, or abuse, neglect, or
180	exploitation of a vulnerable adult, when carrying out his or her
181	official function;
182	2.  Taking appropriate administrative action concerning a
183	department or agency an employee of the department alleged to
184	have perpetrated child abuse, abandonment, or neglect, or abuse,
185	neglect, or exploitation of a vulnerable adult; or
186	3.  Employing and continuing employment of personnel of the
187	department or agency.
188	Section 2.  Subsection (15) of section 39.502, Florida
189	Statutes, is amended to read:
190	39.502  Notice, process, and service.--
191	(15)  A party who is identified as a person with mental
192	illness or with a developmental disability must be informed by
193	the court of the availability of advocacy services through the
194	department, the Agency for Persons with Disabilities Association
195	for Retarded Citizens, or other appropriate mental health or
196	developmental disability advocacy groups and encouraged to seek
197	such services.
198	Section 3.  Subsection (5) of section 383.14, Florida
199	Statutes, is amended to read:
200	383.14  Screening for metabolic disorders, other hereditary
201	and congenital disorders, and environmental risk factors.--
202	(5)  ADVISORY COUNCIL.--There is established a Genetics and
203	Newborn Screening Advisory Council made up of 15 members
204	appointed by the Secretary of Health. The council shall be
205	composed of two consumer members, three practicing
206	pediatricians, at least one of whom must be a pediatric
207	hematologist, one representative from each of the four medical
208	schools in the state, the Secretary of Health or his or her
209	designee, one representative from the Department of Health
210	representing Children's Medical Services, one representative
211	from the Florida Hospital Association, one individual with
212	experience in newborn screening programs, one individual
213	representing audiologists, and one representative from the
214	Agency for Persons with Disabilities Developmental Disabilities
215	Program Office of the Department of Children and Family
216	Services. All appointments shall be for a term of 4 years. The
217	chairperson of the council shall be elected from the membership
218	of the council and shall serve for a period of 2 years. The
219	council shall meet at least semiannually or upon the call of the
220	chairperson. The council may establish ad hoc or temporary
221	technical advisory groups to assist the council with specific
222	topics which come before the council. Council members shall
223	serve without pay. Pursuant to the provisions of s. 112.061, the
224	council members are entitled to be reimbursed for per diem and
225	travel expenses. It is the purpose of the council to advise the
226	department about:
227	(a)  Conditions for which testing should be included under
228	the screening program and the genetics program.
229	(b)  Procedures for collection and transmission of
230	specimens and recording of results.
231	(c)  Methods whereby screening programs and genetics
232	services for children now provided or proposed to be offered in
233	the state may be more effectively evaluated, coordinated, and
234	consolidated.
235	Section 4.  Section 393.061, Florida Statutes, is repealed.
236	Section 5.  Section 393.062, Florida Statutes, is amended
237	to read:
238	393.062  Legislative findings and declaration of
239	intent.--The Legislature finds and declares that existing state
240	programs for the treatment of individuals who are
241	developmentally disabled, which often unnecessarily place
242	clients in institutions, are unreasonably costly, are
243	ineffective in bringing the individual client to his or her
244	maximum potential, and are in fact debilitating to many a great
245	majority of clients. A redirection in state treatment programs
246	for individuals who are developmentally disabled is necessary if
247	any significant amelioration of the problems faced by such
248	individuals is ever to take place. Such redirection should place
249	primary emphasis on programs that have the potential to prevent
250	or reduce the severity of developmental disabilities. Further,
251	The Legislature declares that greatest priority should shall be
252	given to the development and implementation of community-based
253	residential placements, services, and treatment programs for
254	individuals who are developmentally disabled which will enable
255	such individuals who are developmentally disabled to achieve
256	their greatest potential for independent and productive living,
257	which will enable them to live in their own homes or in
258	residences located in their own communities, and which will
259	permit them to be diverted or removed from unnecessary
260	institutional placements. This goal The Legislature finds that
261	the eligibility criteria for intermediate-care facilities for
262	the developmentally disabled which are specified in the Medicaid
263	state plan in effect on the effective date of this act are
264	essential to the system of residential services. The Legislature
265	declares that the goal of this act, to improve the quality of
266	life of all developmentally disabled persons with developmental
267	disabilities by the development and implementation of community-
268	based residential placements, services, and treatment, cannot be
269	met without ensuring the availability of community residential
270	opportunities for developmentally disabled persons with
271	developmental disabilities in the residential areas of this
272	state. The Legislature, therefore, declares that all persons
273	with developmental disabilities who live in licensed community
274	homes shall have a family living environment comparable to other
275	Floridians. The Legislature intends that Such residences shall
276	be considered and treated as a functional equivalent of a family
277	unit and not as an institution, business, or boarding home.
278	Therefore, the Legislature declares that, in developing
279	community-based programs and services for individuals who are
280	developmentally disabled, private businesses, not-for-profit
281	corporations, units of local government, and other organizations
282	capable of providing needed services to clients in a cost-
283	efficient manner shall be given preference in lieu of operation
284	of programs directly by state agencies. Finally, it is the
285	intent of the Legislature that all caretakers unrelated to
286	individuals with developmental disabilities receiving care shall
287	be of good moral character.
288	Section 6.  Section 393.063, Florida Statutes, is amended
289	to read:
290	393.063  Definitions.--For the purposes of this chapter:
291	(1)  "Agency" means the Agency for Persons with
292	Disabilities established in s. 20.197.
293	(2)  "Autism" means a pervasive, neurologically based
294	developmental disability of extended duration which causes
295	severe learning, communication, and behavior disorders with age
296	of onset during infancy or childhood. Individuals with autism
297	exhibit impairment in reciprocal social interaction, impairment
298	in verbal and nonverbal communication and imaginative ability,
299	and a markedly restricted repertoire of activities and
300	interests.
301	(3)  "Cerebral palsy" means a group of disabling symptoms
302	of extended duration which results from damage to the developing
303	brain that may occur before, during, or after birth and that
304	results in the loss or impairment of control over voluntary
305	muscles. For the purposes of this definition, cerebral palsy
306	does not include those symptoms or impairments resulting solely
307	from a stroke.
308	(4)  "Client" means any person determined eligible by the
309	agency for services under this chapter.
310	(5)  "Client advocate" means a friend or relative of the
311	client, or of the client's immediate family, who advocates for
312	the best interests of the client in any proceedings under this
313	chapter in which the client or his or her family has the right
314	or duty to participate.
315	(6)  "Comprehensive assessment" means the process used to
316	determine eligibility for services under this chapter.
317	(7)  "Comprehensive transitional education program" means
318	the program established in s. 393.18. a group of jointly
319	operating centers or units, the collective purpose of which is
320	to provide a sequential series of educational care, training,
321	treatment, habilitation, and rehabilitation services to persons
322	who have developmental disabilities and who have severe or
323	moderate maladaptive behaviors. However, nothing in this
324	subsection shall require such programs to provide services only
325	to persons with developmental disabilities. All such services
326	shall be temporary in nature and delivered in a structured
327	residential setting with the primary goal of incorporating the
328	normalization principle to establish permanent residence for
329	persons with maladaptive behaviors in facilities not associated
330	with the comprehensive transitional education program. The staff
331	shall include psychologists and teachers who shall be available
332	to provide services in each component center or unit of the
333	program. The psychologists shall be individuals who are licensed
334	in this state and certified as behavior analysts in this state,
335	or individuals who are certified as behavior analysts pursuant
336	to s. 393.17.
337	(a)  Comprehensive transitional education programs shall
338	include a minimum of two component centers or units, one of
339	which shall be either an intensive treatment and educational
340	center or a transitional training and educational center, which
341	provide services to persons with maladaptive behaviors in the
342	following sequential order:
343	1.  Intensive treatment and educational center. This
344	component is a self-contained residential unit providing
345	intensive psychological and educational programming for persons
346	with severe maladaptive behaviors, whose behaviors preclude
347	placement in a less restrictive environment due to the threat of
348	danger or injury to themselves or others.
349	2.  Transitional training and educational center. This
350	component is a residential unit for persons with moderate
351	maladaptive behaviors, providing concentrated psychological and
352	educational programming emphasizing a transition toward a less
353	restrictive environment.
354	3.  Community transition residence. This component is a
355	residential center providing educational programs and such
356	support services, training, and care as are needed to assist
357	persons with maladaptive behaviors to avoid regression to more
358	restrictive environments while preparing them for more
359	independent living. Continuous-shift staff shall be required for
360	this component.
361	4.  Alternative living center. This component is a
362	residential unit providing an educational and family living
363	environment for persons with maladaptive behaviors, in a
364	moderately unrestricted setting. Residential staff shall be
365	required for this component.
366	5.  Independent living education center. This component is
367	a facility providing a family living environment for persons
368	with maladaptive behaviors, in a largely unrestricted setting
369	which includes education and monitoring appropriate to support
370	the development of independent living skills.
371	(b)  Centers or units that are components of a
372	comprehensive transitional education program are subject to the
373	license issued to the comprehensive transitional education
374	program and may be located on either single or multiple sites.
375	(c)  Comprehensive transitional education programs shall
376	develop individual education plans for each person with
377	maladaptive behaviors who receives services therein. Such
378	individual education plans shall be developed in accordance with
379	the criteria specified in 20 U.S.C. ss. 401 et seq., and 34
380	C.F.R. part 300.
381	(d)  In no instance shall the total number of persons with
382	maladaptive behaviors being provided services in a comprehensive
383	transitional education program exceed 120.
384	(e)  This subsection shall authorize licensure for
385	comprehensive transitional education programs which by July 1,
386	1989:
387	1.  Are in actual operation; or
388	2.  Own a fee simple interest in real property for which a
389	county or city government has approved zoning allowing for the
390	placement of the facilities described in this subsection, and
391	have registered an intent with the department to operate a
392	comprehensive transitional education program. However, nothing
393	shall prohibit the assignment by such a registrant to another
394	entity at a different site within the state, so long as there is
395	compliance with all criteria of the comprehensive transitional
396	education program and local zoning requirements and provided
397	that each residential facility within the component centers or
398	units of the program authorized under this subparagraph shall
399	not exceed a capacity of 15 persons.
400	(8)  "Day habilitation facility" means any nonresidential
401	facility which provides day habilitation services.
402	(9)  "Day habilitation service" means assistance with the
403	acquisition, retention, or improvement in self-help,
404	socialization, and adaptive skills which takes place in a
405	nonresidential setting, separate from the home or facility in
406	which the individual resides. Day habilitation services shall
407	focus on enabling the individual to attain or maintain his or
408	her maximum functional level and shall be coordinated with any
409	physical, occupational, or speech therapies listed in the plan
410	of care.
411	(10)  "Developmental disability" means a disorder or
412	syndrome that is attributable to retardation, cerebral palsy,
413	autism, spina bifida, or Prader-Willi syndrome and that
414	constitutes a substantial handicap that can reasonably be
415	expected to continue indefinitely.
416	(11)  "Developmental disabilities institution" means a
417	state-owned and state-operated facility, formerly known as a
418	"Sunland Center," providing for the care, habilitation, and
419	rehabilitation of clients with developmental disabilities.
420	(12)  "Direct service provider," also known as "caregiver"
421	in chapters 39 and 415 or "caretaker" in provisions relating to
422	employment security checks, means a person 18 years of age or
423	older who has direct contact with individuals with developmental
424	disabilities, or has access to a client's living areas or to a
425	client's funds or personal property, and is not a relative of
426	such individuals.
427	(13)  "Domicile" means the place where a client legally
428	resides, which place is his or her permanent home. Domicile may
429	be established as provided in s. 222.17. Domicile may not be
430	established in Florida by a minor who has no parent domiciled in
431	Florida, or by a minor who has no legal guardian domiciled in
432	Florida, or by any alien not classified as a resident alien.
433	(14)  "Enclave" means a work station in public or private
434	business or industry where a small group of persons with
435	developmental disabilities is employed and receives training and
436	support services or follow-along services among nonhandicapped
437	workers.
438	(13)(15)  "Epilepsy" means a chronic brain disorder of
439	various causes which is characterized by recurrent seizures due
440	to excessive discharge of cerebral neurons. When found
441	concurrently with retardation, autism, or cerebral palsy,
442	epilepsy is considered a secondary disability for which the
443	client is eligible to receive services to ameliorate this
444	condition pursuant to this chapter.
445	(14)(16)  "Express and informed consent" means consent
446	voluntarily given in writing with sufficient knowledge and
447	comprehension of the subject matter involved to enable the
448	person giving consent to make an understanding and enlightened
449	decision without any element of force, fraud, deceit, duress, or
450	other form of constraint or coercion.
451	(15)(17)  "Family care program" means the program
452	established in s. 393.068.
453	(18)  "Follow-along services" means those support services
454	provided to persons with developmental disabilities in all
455	supported employment programs and may include, but are not
456	limited to, family support, assistance in meeting transportation
457	and medical needs, employer intervention, performance
458	evaluation, advocacy, replacement, retraining or promotional
459	assistance, or other similar support services.
460	(16)(19)  "Foster care facility" means a residential
461	facility which provides a family living environment including
462	supervision and care necessary to meet the physical, emotional,
463	and social needs of its residents. The capacity of such a
464	facility shall not be more than three residents.
465	(17)(20)  "Group home facility" means a residential
466	facility which provides a family living environment including
467	supervision and care necessary to meet the physical, emotional,
468	and social needs of its residents. The capacity of such a
469	facility shall be at least 4 but not more than 15 residents. For
470	the purposes of this chapter, group home facilities shall not be
471	considered commercial enterprises.
472	(18)(21)  "Guardian advocate" means a person appointed by a
473	written order of the court to represent a person with
474	developmental disabilities under s. 393.12.
475	(19)(22)  "Habilitation" means the process by which a
476	client is assisted to acquire and maintain those life skills
477	which enable the client to cope more effectively with the
478	demands of his or her condition and environment and to raise the
479	level of his or her physical, mental, and social efficiency. It
480	includes, but is not limited to, programs of formal structured
481	education and treatment.
482	(20)(23)  "High-risk child" means, for the purposes of this
483	chapter, a child from birth to 5 years of age with one or more
484	of the following characteristics:
485	(a)  A developmental delay in cognition, language, or
486	physical development.
487	(b)  A child surviving a catastrophic infectious or
488	traumatic illness known to be associated with developmental
489	delay, when funds are specifically appropriated.
490	(c)  A child with a parent or guardian with developmental
491	disabilities who requires assistance in meeting the child's
492	developmental needs.
493	(d)  A child who has a physical or genetic anomaly
494	associated with developmental disability.
495	(21)(24)  "Intermediate care facility" means an
496	intermediate care facility for the developmentally disabled" or
497	"ICF/DD" means a residential facility licensed and certified
498	pursuant to part XI of chapter 400.
499	(25)  "Job coach" means a person who provides employment-
500	related training at a work site to individuals with
501	developmental disabilities.
502	(22)(26)  "Medical/dental services" means medically
503	necessary those services which are provided or ordered for a
504	client by a person licensed under pursuant to the provisions of
505	chapter 458, chapter 459, or chapter 466. Such services may
506	include, but are not limited to, prescription drugs, specialized
507	therapies, nursing supervision, hospitalization, dietary
508	services, prosthetic devices, surgery, specialized equipment and
509	supplies, adaptive equipment, and other services as required to
510	prevent or alleviate a medical or dental condition.
511	(27)  "Mobile work crew" means a group of workers employed
512	by an agency that provides services outside the agency, usually
513	under service contracts.
514	(28)  "Normalization principle" means the principle of
515	letting the client obtain an existence as close to the normal as
516	possible, making available to the client patterns and conditions
517	of everyday life which are as close as possible to the norm and
518	patterns of the mainstream of society.
519	(23)(29)  "Personal services" include, but are not limited
520	to, such services as: individual assistance with or supervision
521	of essential activities of daily living for self-care, including
522	ambulation, bathing, dressing, eating, grooming, and toileting,
523	and other similar services that the agency may define by rule.
524	"Personal services" shall not be construed to mean the provision
525	of medical, nursing, dental, or mental health services by the
526	staff of a facility, except as provided in this chapter. In
527	addition, an emergency response device installed in the
528	apartment or living area of a resident shall not be classified
529	as a personal service.
530	(24)(30)  "Prader-Willi syndrome" means an inherited
531	condition typified by neonatal hypotonia with failure to thrive,
532	hyperphagia or an excessive drive to eat which leads to obesity
533	usually at 18 to 36 months of age, mild to moderate retardation,
534	hypogonadism, short stature, mild facial dysmorphism, and a
535	characteristic neurobehavior.
536	(25)  "Principles of self-determination" means an
537	individual's freedom to exercise the same rights as all other
538	citizens, authority to exercise control over funds needed for
539	one's own support, including the reprioritization of these funds
540	when necessary, responsibility for the wise use of public funds,
541	and the opportunity to speak and advocate for oneself and others
542	who cannot do so in order to gain independence and ensure that
543	all individuals with a developmental disability are treated
544	equally.
545	(26)(31)  "Reassessment" means a process which periodically
546	develops, through annual review and revision of a client's
547	family or individual support plan, a knowledgeable statement of
548	current needs and past development for each client.
549	(27)(32)  "Relative" means an individual who is connected
550	by affinity or consanguinity to the client and who is 18 years
551	of age or more.
552	(28)(33)  "Resident" means any person who is
553	developmentally disabled residing at a residential facility in
554	the state, whether or not such person is a client of the agency.
555	(29)(34)  "Residential facility" means a facility providing
556	room and board and personal care for persons with developmental
557	disabilities.
558	(30)(35)  "Residential habilitation" means assistance
559	provided with acquisition, retention, or improvement in skills
560	related to activities of daily living, such as personal grooming
561	and cleanliness, bedmaking and household chores, eating and the
562	preparation of food, and the social and adaptive skills
563	necessary to enable the individual to reside in a
564	noninstitutional setting.
565	(31)(36)  "Residential habilitation center" means a
566	community residential facility that provides residential
567	habilitation. The capacity of such a facility shall not be fewer
568	than nine residents. After October 1, 1989, no new residential
569	habilitation centers shall be licensed and the licensed capacity
570	shall not be increased for any existing residential habilitation
571	center.
572	(32)(37)  "Respite service" means appropriate, short-term,
573	temporary care that is provided to a person with developmental
574	disabilities to meet the planned or emergency needs of the
575	person or the family or other direct service provider.
576	(33)(38)  "Retardation" means significantly subaverage
577	general intellectual functioning existing concurrently with
578	deficits in adaptive behavior and manifested during the period
579	from conception to age 18. "Significantly subaverage general
580	intellectual functioning," for the purpose of this definition,
581	means performance which is two or more standard deviations from
582	the mean score on a standardized intelligence test specified in
583	the rules of the agency. "Adaptive behavior," for the purpose of
584	this definition, means the effectiveness or degree with which an
585	individual meets the standards of personal independence and
586	social responsibility expected of his or her age, cultural
587	group, and community.
588	(39)  "Severe self-injurious behavior" means any chronic
589	behavior that results in injury to the person's own body, which
590	includes, but is not limited to, self-hitting, head banging,
591	self-biting, scratching, and the ingestion of harmful or
592	potentially harmful nutritive or nonnutritive substances.
593	(34)(40)  "Specialized therapies" means those treatments or
594	activities prescribed by and provided by an appropriately
595	trained, licensed, or certified professional or staff person and
596	may include, but are not limited to, physical therapy, speech
597	therapy, respiratory therapy, occupational therapy, behavior
598	therapy, physical management services, and related specialized
599	equipment and supplies.
600	(35)(41)  "Spina bifida" means, for purposes of this
601	chapter, a person with a medical diagnosis of spina bifida
602	cystica or myelomeningocele.
603	(36)(42)  "Support coordinator" means a person who is
604	designated by the agency to assist individuals and families in
605	identifying their capacities, needs, and resources, as well as
606	finding and gaining access to necessary supports and services;
607	coordinating the delivery of supports and services; advocating
608	on behalf of the individual and family; maintaining relevant
609	records; and monitoring and evaluating the delivery of supports
610	and services to determine the extent to which they meet the
611	needs and expectations identified by the individual, family, and
612	others who participated in the development of the support plan.
613	The decision whether to use the services of a support
614	coordinator as well as the frequency, scope, and intensity of
615	the support coordinator's activities shall be determined by the
616	individual or individual's legal guardian.
617	(37)(43)  "Supported employee" means a person who requires
618	and receives supported employment services in order to maintain
619	community-based employment.
620	(38)(44)  "Supported employment" means employment located
621	or provided in a normal employment setting which provides at
622	least 20 hours employment per week in an integrated work
623	setting, with earnings paid on a commensurate wage basis, and
624	for which continued support is needed for job maintenance.
625	(39)(45)  "Supported living" means a category of
626	individually determined services designed and coordinated in
627	such a manner as to provide assistance to adult clients who
628	require ongoing supports to live as independently as possible in
629	their own homes, to be integrated into the community, and to
630	participate in community life to the fullest extent possible.
631	(40)(46)  "Training" means a planned approach to assisting
632	a client to attain or maintain his or her maximum potential and
633	includes services ranging from sensory stimulation to
634	instruction in skills for independent living and employment.
635	(41)(47)  "Treatment" means the prevention, amelioration,
636	or cure of a client's physical and mental disabilities or
637	illnesses.
638	Section 7.  Subsections (1), (2), and (4) of section
639	393.064, Florida Statutes, are amended to read:
640	393.064  Prevention.--
641	(1)  The agency shall give priority to the development,
642	planning, and implementation of programs which have the
643	potential to prevent, correct, cure, or reduce the severity of
644	developmental disabilities. The agency shall direct an
645	interagency and interprogram effort for the continued
646	development of a prevention plan and program. The agency shall
647	identify, through demonstration projects, through program
648	evaluation, and through monitoring of programs and projects
649	conducted outside of the agency, any medical, social, economic,
650	or educational methods, techniques, or procedures that have the
651	potential to effectively ameliorate, correct, or cure
652	developmental disabilities. The agency program shall determine
653	the costs and benefits that would be associated with such
654	prevention efforts and shall implement, or recommend the
655	implementation of, those methods, techniques, or procedures
656	which are found likely to be cost-beneficial.
657	(2)  Prevention services provided by the agency shall
658	developmental services program include services to high-risk
659	children and developmentally disabled children from birth to 5
660	years of age with developmental disabilities, and their
661	families, to meet the intent of chapter 411. Except for services
662	for children from birth to 3 years of age that Such services
663	shall include individual evaluations or assessments necessary to
664	diagnose a developmental disability or high-risk condition and
665	to determine appropriate individual family and support services,
666	unless evaluations or assessments are the responsibility of the
667	Division of Children's Medical Services Prevention and
668	Intervention of the Department of Health for children ages birth
669	to 3 years eligible for services under this chapter or part H of
670	the Individuals with Disabilities Education Act, such services
671	and may include:
672	(a)  Individual evaluations or assessments necessary to
673	diagnose a developmental disability or high-risk condition and
674	to determine appropriate individual family and support services.
675	(b)(a)  Early intervention services, including
676	developmental training and specialized therapies. Early
677	intervention services, which are the responsibility of the
678	Division of Children's Medical Services Prevention and
679	Intervention for children ages birth to 3 years who are eligible
680	for services under this chapter or under part H of the
681	Individuals with Disabilities Education Act, shall not be
682	provided through the developmental services program unless
683	funding is specifically appropriated to the developmental
684	services program for this purpose.
685	(c)(b)  Support services, such as respite care, parent
686	education and training, parent-to-parent counseling, homemaker
687	services, and other services which allow families to maintain
688	and provide quality care to children in their homes. The
689	Division of Children's Medical Services Prevention and
690	Intervention is responsible for the provision of services to
691	children from birth to 3 years who are eligible for services
692	under this chapter.
693	(4)  There is created at the developmental disabilities
694	services institution in Gainesville a research and education
695	unit. Such unit shall be named the Raymond C. Philips Research
696	and Education Unit. The functions of such unit shall include:
697	(a)  Research into the etiology of developmental
698	disabilities.
699	(b)  Ensuring that new knowledge is rapidly disseminated
700	throughout the developmental services program of the agency.
701	(c)  Diagnosis of unusual conditions and syndromes
702	associated with developmental disabilities in clients identified
703	throughout the developmental disabilities services programs.
704	(d)  Evaluation of families of clients with developmental
705	disabilities of genetic origin in order to provide them with
706	genetic counseling aimed at preventing the recurrence of the
707	disorder in other family members.
708	(e)  Ensuring that health professionals in the
709	developmental disabilities services institution at Gainesville
710	have access to information systems that will allow them to
711	remain updated on newer knowledge and maintain their
712	postgraduate education standards.
713	(f)  Enhancing staff training for professionals throughout
714	the agency in the areas of genetics and developmental
715	disabilities.
716	Section 8.  Section 393.0641, Florida Statutes, is amended
717	to read:
718	393.0641  Program for the prevention and treatment of
719	severe self-injurious behavior.--
720	(1)  Contingent upon specific appropriations, there is
721	created a diagnostic, treatment, training, and research program
722	for clients exhibiting severe self-injurious behavior. For the
723	purposes of this section, "severe self-injurious behavior" means
724	any chronic behavior that results in injury to the person's own
725	body, which includes, but is not limited to, self-hitting, head
726	banging, self-biting, scratching, and the ingestion of harmful
727	or potentially harmful nutritive or nonnutritive substances.
728	(2)  This program shall:
729	(a)  Serve as a resource center for information, training,
730	and program development.
731	(b)  Research the diagnosis and treatment of severe self-
732	injurious behavior, and related disorders, and develop methods
733	of prevention and treatment of self-injurious behavior.
734	(c)  Identify individuals in critical need.
735	(d)  Develop treatment programs which are meaningful to
736	individuals with developmental disabilities, in critical need,
737	while safeguarding and respecting the legal and human rights of
738	the individuals.
739	(e)  Disseminate research findings on the prevention and
740	treatment of severe self-injurious behavior.
741	(f)  Collect data on the type, severity, incidence, and
742	demographics of individuals with severe self-injurious behavior,
743	and disseminate the data.
744	(3)(2)  The This program shall adhere to the provisions of
745	s. 393.13.
746	(4)(3)  The agency may contract for the provision of any
747	portion or all of the services required by the program.
748	(5)(4)  The agency has the authority to license this
749	program and shall adopt rules to implement the program.
750	Section 9.  Subsections (1) and (4) of section 393.065,
751	Florida Statutes, are amended, and a new subsection (5) is added
752	to said section, to read:
753	393.065  Application and eligibility determination.--
754	(1)  Application for services shall be made in writing to
755	the agency, in the district in which the applicant resides.
756	Employees of the agency's developmental services program shall
757	review For children under 6 years of age each applicant shall be
758	reviewed for eligibility within 45 days after the date the
759	application is signed, and for all other applicants for children
760	under 6 years of age and within 60 days after the date the
761	application is signed for all other applicants. When necessary
762	to definitively identify individual conditions or needs, the
763	agency shall provide a comprehensive assessment. Only
764	individuals whose domicile is in the state Florida are eligible
765	for services. Domicile may be established as provided in s.
766	222.17. Domicile may not be established in the state by a minor
767	who has no parent or legal guardian domiciled in the state or by
768	any alien not classified as a resident alien. Information
769	accumulated by other agencies, including professional reports
770	and collateral data, shall be considered in this process when
771	available.
772	(4)  The agency shall assess the level of need and medical
773	necessity for prospective residents of intermediate-care
774	facilities for the developmentally disabled after October 1,
775	1999. The agency may enter into an agreement with the Department
776	of Elderly Affairs for its Comprehensive Assessment and Review
777	for Long-Term-Care Services (CARES) program to conduct
778	assessments to determine the level of need and medical necessity
779	for long-term-care services under this chapter. To the extent
780	permissible under federal law, the assessments shall must be
781	funded under Title XIX of the Social Security Act.
782	(5)  The agency is authorized to adopt rules specifying
783	application procedures and eligibility criteria as needed to
784	implement this section.
785	Section 10.  Section 393.0651, Florida Statutes, is amended
786	to read:
787	393.0651  Family or individual support plan.--The agency
788	shall provide directly or contract for the development of a an
789	appropriate family support plan for children ages birth to 18
790	years of age and an individual support plan for each client. The
791	parent or guardian of the client or, if competent, the client's
792	parent or guardian the client, or, when appropriate, the client
793	advocate, shall be consulted in the development of the plan and
794	shall receive a copy of the plan. Each plan shall include the
795	most appropriate, least restrictive, and most cost-beneficial
796	environment for accomplishment of the objectives for client
797	progress and a specification of all services authorized. The
798	plan shall include provisions for the most appropriate level of
799	care for the client. Within the specification of needs and
800	services for each client, if when residential care is necessary,
801	the agency shall move toward placement of clients in residential
802	facilities based within the client's community. The ultimate
803	goal of each plan, whenever possible, shall be to enable the
804	client to live a dignified life in the least restrictive
805	setting, be that in the home or in the community. For children
806	under 6 years of age, the family support plan shall be developed
807	within the 45-day application period as specified in s.
808	393.065(1); for all applicants 6 years of age or older, the
809	family or individual support plan shall be developed within the
810	60-day period as specified in that subsection.
811	(1)  The agency shall develop and specify by rule the core
812	components of support plans to be used by each district.
813	(2)(a)  The family or individual support plan shall be
814	integrated with the individual education plan (IEP) for all
815	clients who are public school students entitled to a free
816	appropriate public education under the Individuals with
817	Disabilities Education Act, I.D.E.A., as amended. The family or
818	individual support plan and IEP shall be implemented to maximize
819	the attainment of educational and habilitation goals.
820	(a)  If the IEP for a student enrolled in a public school
821	program indicates placement in a public or private residential
822	program is necessary to provide special education and related
823	services to a client, the local education agency shall provide
824	for the costs of that service in accordance with the
825	requirements of the Individuals with Disabilities Education Act,
826	I.D.E.A., as amended. This shall not preclude local education
827	agencies and the agency from sharing the residential service
828	costs of students who are clients and require residential
829	placement. Under no circumstances shall clients entitled to a
830	public education or their parents be assessed a fee by the
831	agency under s. 393.071 402.33 for placement in a residential
832	program.
833	(b)  For clients who are entering or exiting the school
834	system, an interdepartmental staffing team composed of
835	representatives of the agency and the local school system shall
836	develop a written transitional living and training plan with the
837	participation of the client or with the parent or guardian of
838	the client, or the client advocate, as appropriate.
839	(3)  Each family or individual support plan shall be
840	facilitated through case management designed solely to advance
841	the individual needs of the client.
842	(4)  In the development of the family or individual support
843	plan, a client advocate may be appointed by the support planning
844	team for a client who is a minor or for a client who is not
845	capable of express and informed consent when:
846	(a)  The parent or guardian cannot be identified;
847	(b)  The whereabouts of the parent or guardian cannot be
848	discovered; or
849	(c)  The state is the only legal representative of the
850	client.
851
852	Such appointment shall not be construed to extend the powers of
853	the client advocate to include any of those powers delegated by
854	law to a legal guardian.
855	(5)  The agency shall place a client in the most
856	appropriate and least restrictive, and cost-beneficial,
857	residential setting facility according to his or her individual
858	habilitation plan. The parent or guardian of The client or, if
859	competent, the client's parent or guardian client, or, when
860	appropriate, the client advocate, and the administrator of the
861	residential facility to which placement is proposed shall be
862	consulted in determining the appropriate placement for the
863	client. Considerations for placement shall be made in the
864	following order:
865	(a)  Client's own home or the home of a family member or
866	direct service provider.
867	(b)  Foster care facility.
868	(c)  Group home facility.
869	(d)  Intermediate care facility for the developmentally
870	disabled.
871	(e)  Other facilities licensed by the agency which offer
872	special programs for people with developmental disabilities.
873	(f)  Developmental disabilities services institution.
874	(6)  In developing a client's annual family or individual
875	support plan, the individual or family with the assistance of
876	the support planning team shall identify measurable objectives
877	for client progress and shall specify a time period expected for
878	achievement of each objective. Services that are not having the
879	planned effect or services that have produced the maximum
880	benefit shall be reduced or discontinued.
881	(7)  The individual, family, and support coordinator shall
882	review progress in achieving the objectives specified in Each
883	client's family or individual support plan shall be reviewed and
884	revised, and shall revise the plan annually, following
885	consultation with the client, if competent, or with the parent
886	or guardian of the client, or, when appropriate, the client
887	advocate. The agency shall annually report in writing to the
888	client, if competent, or to the parent or guardian of the
889	client, or to the client advocate, when appropriate, with
890	respect to the client's habilitative and medical progress.
891	(8)  Any client, or any parent of a minor client, or
892	guardian, authorized guardian advocate, or client advocate for a
893	client, who is substantially affected by the client's initial
894	family or individual support plan, or the annual review thereof,
895	shall have the right to file a notice to challenge the decision
896	pursuant to ss. 120.569 and 120.57. Notice of such right to
897	appeal shall be included in all support plans provided by the
898	agency.
899	Section 11.  Subsections (1) and (4) of section 393.0655,
900	Florida Statutes, are amended, and subsection (5) is added to
901	said section, to read:
902	393.0655  Screening of direct service providers.--
903	(1)  MINIMUM STANDARDS.--The agency shall require level 2
904	employment screening pursuant to chapter 435 for direct service
905	providers who are unrelated to their clients, including support
906	coordinators, and managers and supervisors of residential
907	facilities or comprehensive transitional education programs
908	licensed under s. 393.18 393.067 and any other person, including
909	volunteers, who provide care or services, who have access to a
910	client's living areas, or who have access to a client's funds or
911	personal property. Background screening shall include employment
912	history checks as provided in s. 435.03(1) and local criminal
913	records checks through local law enforcement agencies.
914	(a)  A volunteer who assists on an intermittent basis for
915	less than 40 hours per month does not have to be screened if the
916	volunteer is under the direct and constant supervision of
917	persons who meet the screening requirements of this section.
918	(b)  Licensed physicians, nurses, or other professionals
919	licensed and regulated by the Department of Health are not
920	subject to background screening pursuant to this section if they
921	are providing a service that is within their scope of licensed
922	practice.
923	(c)  A person selected by the family or the individual with
924	developmental disabilities and paid by the family or the
925	individual to provide supports or services is not required to
926	have a background screening under this section.
927	(d)  Persons residing with the direct services provider,
928	including family members, are subject to background screening;
929	however, such persons who are 12 to 18 years of age shall be
930	screened for delinquency records only.
931	(4)  EXCLUSION FROM OWNING, OPERATING, OR BEING EMPLOYED BY
932	A DIRECT SERVICE PROVIDER RESIDENTIAL FACILITY; HEARINGS
933	PROVIDED.--
934	(a)  The agency shall deny, suspend, terminate, or revoke a
935	license, certification, rate agreement, purchase order, or
936	contract, or pursue other remedies provided in s. 393.0673, s.
937	393.0675, or s. 393.0678 in addition to or in lieu of denial,
938	suspension, termination, or revocation for failure to comply
939	with this section.
940	(b)  When the agency has reasonable cause to believe that
941	grounds for denial or termination of employment exist, it shall
942	notify, in writing, the employer and the person direct service
943	provider affected, stating the specific record which indicates
944	noncompliance with the standards in this section.
945	(c)  The procedures established for hearing under chapter
946	120 shall be available to the employer and the person affected
947	direct service provider in order to present evidence relating
948	either to the accuracy of the basis of exclusion or to the
949	denial of an exemption from disqualification.
950	(d)  Refusal on the part of an employer to dismiss a
951	manager, supervisor, or direct service provider who has been
952	found to be in noncompliance with standards of this section
953	shall result in automatic denial, termination, or revocation of
954	the license, certification, rate agreement, purchase order, or
955	contract, in addition to any other remedies pursued by the
956	agency.
957	(5)  RULES.--The agency shall adopt by rule procedures and
958	timeframes for conducting background screening under this
959	chapter.
960	Section 12.  Section 393.0657, Florida Statutes, is amended
961	to read:
962	393.0657  Persons not required to be refingerprinted or
963	rescreened.--Any provision of law to the contrary
964	notwithstanding, Human resource personnel who have been
965	fingerprinted or screened pursuant to chapters 393, 394, 397,
966	402, and 409, and teachers who have been fingerprinted pursuant
967	to chapter 1012, who have not been unemployed for more than 90
968	days thereafter, and who under the penalty of perjury attest to
969	the completion of such fingerprinting or screening and to
970	compliance with the provisions of this section and the standards
971	for good moral character as contained in such provisions as ss.
972	110.1127(3), 393.0655(1), 394.457(6), 397.451, 402.305(2), and
973	409.175(6), shall not be required to be refingerprinted or
974	rescreened in order to comply with the any direct service
975	provider screening or fingerprinting requirements of this
976	chapter.
977	Section 13.  Subsections (1), (2), (3), and (8) of section
978	393.066, Florida Statutes, are amended to read:
979	393.066  Community services and treatment for persons who
980	are developmentally disabled.--
981	(1)  The agency shall plan, develop, organize, and
982	implement its programs of services and treatment for persons who
983	are developmentally disabled to allow clients to live as
984	independently as possible in their own homes or communities and
985	to achieve productive lives as close to normal as possible. All
986	elements of community-based services shall be made available,
987	and eligibility for these services shall be consistent across
988	the state. In addition, all purchased services shall be approved
989	by the agency.
990	(2)  All services needed shall be purchased instead of
991	provided directly by the agency, when such arrangement is more
992	cost-efficient than having those services provided directly. All
993	purchased services must be approved by the agency.
994	(3)  Community-based services that are medically necessary
995	to prevent institutionalization shall, to the extent of
996	available resources, include:
997	(a)  Day habilitation services, including developmental
998	training services.
999	(b)  Family care services.
1000	(c)  Guardian advocate referral services.
1001	(d)  Medical/dental services, except that medical services
1002	shall not be provided to clients with spina bifida except as
1003	specifically appropriated by the Legislature.
1004	(e)  Parent training.
1005	(f)  Recreation.
1006	(g)  Residential services.
1007	(h)  Respite services.
1008	(i)  Social services.
1009	(j)  Specialized therapies.
1010	(k)  Supported employment, including enclave, job coach,
1011	mobile work crew, and follow-along services.
1012	(l)  Supported living.
1013	(m)  Training, including behavioral programming.
1014	(n)  Transportation.
1015	(o)  Other habilitative and rehabilitative services as
1016	needed.
1017	(8)  The agency may adopt rules relating to the
1018	availability and purchase of to ensure compliance with federal
1019	laws or regulations that apply to services provided pursuant to
1020	this section.
1021	Section 14.  Section 393.067, Florida Statutes, is amended
1022	to read:
1023	393.067  Licensure of residential facilities and
1024	comprehensive transitional education programs.--
1025	(1)  The agency shall provide through its licensing
1026	authority and by rule a system of application procedures,
1027	provider qualifications, standards, training criteria for
1028	meeting standards, and monitoring for residential facilities and
1029	comprehensive transitional education programs. Receipt of a
1030	license under this section shall not create a property right in
1031	the recipient. A license under this act is a public trust and a
1032	privilege and is not an entitlement. This privilege must guide
1033	the finder of fact or trier of law at any administrative
1034	proceeding or court action initiated by the department.
1035	(2)  The agency shall conduct inspections and reviews of
1036	residential facilities and comprehensive transitional education
1037	programs annually.
1038	(3)  An application for a license for a residential
1039	facility or a comprehensive transitional education program shall
1040	be made to the agency on a form furnished by it and shall be
1041	accompanied by the appropriate license fee.
1042	(4)  The application shall be under oath and shall contain
1043	the following:
1044	(a)  The name and address of the applicant, if an applicant
1045	is an individual; if the applicant is a firm, partnership, or
1046	association, the name and address of each member thereof; if the
1047	applicant is a corporation, its name and address and the name
1048	and address of each director and each officer thereof; and the
1049	name by which the facility or program is to be known.
1050	(b)  The location of the facility or program for which a
1051	license is sought.
1052	(c)  The name of the person or persons under whose
1053	management or supervision the facility or program will be
1054	conducted.
1055	(d)  The number and type of residents or clients for which
1056	maintenance, care, education, or treatment is to be provided by
1057	the facility or program.
1058	(e)  The number and location of the component centers or
1059	units which will compose the comprehensive transitional
1060	education program.
1061	(f)  A description of the types of services and treatment
1062	to be provided by the facility or program.
1063	(g)  Information relating to the number, experience, and
1064	training of the employees of the facility or program.
1065	(h)  Certification that the staff of the facility or
1066	program will receive training to detect and prevent sexual abuse
1067	of residents and clients.
1068	(i)  Such other information as the agency determines is
1069	necessary to carry out the provisions of this chapter.
1070	(5)  The applicant shall submit evidence which establishes
1071	the good moral character of the manager or supervisor of the
1072	facility or program and the direct service providers in the
1073	facility or program and its component centers or units. A
1074	license may be issued if all the screening materials have been
1075	timely submitted; however, a license may not be issued or
1076	renewed if any of the direct service providers have failed the
1077	screening required by s. 393.0655.
1078	(a)1.  A licensed residential facility or comprehensive
1079	transitional education program which applies for renewal of its
1080	license shall submit to the agency a list of direct service
1081	providers who have worked on a continuous basis at the applicant
1082	facility or program since submitting fingerprints to the agency
1083	or the Department of Children and Family Services, identifying
1084	those direct service providers for whom a written assurance of
1085	compliance was provided by the agency or department and
1086	identifying those direct service providers who have recently
1087	begun working at the facility or program and are awaiting the
1088	results of the required fingerprint check along with the date of
1089	the submission of those fingerprints for processing. The agency
1090	shall by rule determine the frequency of requests to the
1091	Department of Law Enforcement to run state criminal records
1092	checks for such direct service providers except for those direct
1093	service providers awaiting the results of initial fingerprint
1094	checks for employment at the applicant facility or program. The
1095	agency shall review the records of the direct service providers
1096	at the applicant facility or program with respect to the crimes
1097	specified in s. 393.0655 and shall notify the facility or
1098	program of its findings. When disposition information is missing
1099	on a criminal record, it is the responsibility of the person
1100	being screened, upon request of the agency, to obtain and supply
1101	within 30 days the missing disposition information to the
1102	agency. Failure to supply the missing information within 30 days
1103	or to show reasonable efforts to obtain such information shall
1104	result in automatic disqualification.
1105	2.  The applicant shall sign an affidavit under penalty of
1106	perjury stating that all new direct service providers have been
1107	fingerprinted and that the facility's or program's remaining
1108	direct service providers have worked at the applicant facility
1109	or program on a continuous basis since being initially screened
1110	at that facility or program or have a written assurance of
1111	compliance from the agency or department.
1112	(b)  As a prerequisite for issuance of the initial or
1113	renewal license for to a residential facility or comprehensive
1114	transitional education program, the applicant, manager,
1115	supervisor, and all direct service providers must submit to
1116	background screening as required under s. 393.0655. A license
1117	may not be issued or renewed if the applicant and any of the
1118	managers, supervisors, or direct service providers of the
1119	facility or program have failed the screening required by s.
1120	393.0655.:
1121	1.  The applicant shall submit to the agency a complete set
1122	of fingerprints, taken by an authorized law enforcement agency
1123	or an employee of the agency who is trained to take
1124	fingerprints, for the manager, supervisor, or direct service
1125	providers of the facility or program;
1126	2.  The agency shall submit the fingerprints to the
1127	Department of Law Enforcement for state processing and for
1128	federal processing by the Federal Bureau of Investigation; and
1129	3.  The agency shall review the record of the manager or
1130	supervisor with respect to the crimes specified in s.
1131	393.0655(1) and shall notify the applicant of its findings. When
1132	disposition information is missing on a criminal record, it is
1133	the responsibility of the manager or supervisor, upon request of
1134	the agency, to obtain and supply within 30 days the missing
1135	disposition information to the agency. Failure to supply the
1136	missing information within 30 days or to show reasonable efforts
1137	to obtain such information shall result in automatic
1138	disqualification.
1139	(c)  The agency or a residential facility or comprehensive
1140	transitional education program may not use the criminal records
1141	or juvenile records of a person obtained under this subsection
1142	for any purpose other than determining if that person meets the
1143	minimum standards for good moral character for a manager or
1144	supervisor of, or direct service provider in, such a facility or
1145	program. The criminal records or juvenile records obtained by
1146	the agency or a residential facility or comprehensive
1147	transitional education program for determining the moral
1148	character of a manager, supervisor, or direct service provider
1149	are exempt from s. 119.07(1).
1150	(6)  Each applicant for licensure as an intermediate care
1151	facility for the developmentally disabled must comply with the
1152	following requirements:
1153	(a)  Upon receipt of a completed, signed, and dated
1154	application, the agency shall require background screening, in
1155	accordance with the level 2 standards for screening set forth in
1156	chapter 435, of the managing employee, or other similarly titled
1157	individual who is responsible for the daily operation of the
1158	facility, and of the financial officer, or other similarly
1159	titled individual who is responsible for the financial operation
1160	of the center, including billings for resident care and
1161	services. The applicant must comply with the procedures for
1162	level 2 background screening as set forth in chapter 435, as
1163	well as the requirements of s. 435.03(3).
1164	(b)  The agency may require background screening of any
1165	other individual who is an applicant if the agency has probable
1166	cause to believe that he or she has been convicted of a crime or
1167	has committed any other offense prohibited under the level 2
1168	standards for screening set forth in chapter 435.
1169	(c)  Proof of compliance with the level 2 background
1170	screening requirements of chapter 435 which has been submitted
1171	within the previous 5 years in compliance with any other health
1172	care licensure requirements of this state is acceptable in
1173	fulfillment of the requirements of paragraph (a).
1174	(d)  A provisional license may be granted to an applicant
1175	when each individual required by this section to undergo
1176	background screening has met the standards for the Department of
1177	Law Enforcement background check, but the agency has not yet
1178	received background screening results from the Federal Bureau of
1179	Investigation, or a request for a disqualification exemption has
1180	been submitted to the agency as set forth in chapter 435, but a
1181	response has not yet been issued. A standard license may be
1182	granted to the applicant upon the agency's receipt of a report
1183	of the results of the Federal Bureau of Investigation background
1184	screening for each individual required by this section to
1185	undergo background screening which confirms that all standards
1186	have been met, or upon the granting of a disqualification
1187	exemption by the agency as set forth in chapter 435. Any other
1188	person who is required to undergo level 2 background screening
1189	may serve in his or her capacity pending the agency's receipt of
1190	the report from the Federal Bureau of Investigation. However,
1191	the person may not continue to serve if the report indicates any
1192	violation of background screening standards and a
1193	disqualification exemption has not been requested of and granted
1194	by the agency as set forth in chapter 435.
1195	(e)  Each applicant must submit to the agency, with its
1196	application, a description and explanation of any exclusions,
1197	permanent suspensions, or terminations of the applicant from the
1198	Medicare or Medicaid programs. Proof of compliance with the
1199	requirements for disclosure of ownership and control interests
1200	under the Medicaid or Medicare programs shall be accepted in
1201	lieu of this submission.
1202	(f)  Each applicant must submit to the agency a description
1203	and explanation of any conviction of an offense prohibited under
1204	the level 2 standards of chapter 435 by a member of the board of
1205	directors of the applicant, its officers, or any individual
1206	owning 5 percent or more of the applicant. This requirement does
1207	not apply to a director of a not-for-profit corporation or
1208	organization if the director serves solely in a voluntary
1209	capacity for the corporation or organization, does not regularly
1210	take part in the day-to-day operational decisions of the
1211	corporation or organization, receives no remuneration for his or
1212	her services on the corporation or organization's board of
1213	directors, and has no financial interest and has no family
1214	members with a financial interest in the corporation or
1215	organization, provided that the director and the not-for-profit
1216	corporation or organization include in the application a
1217	statement affirming that the director's relationship to the
1218	corporation satisfies the requirements of this paragraph.
1219	(g)  A license may not be granted to an applicant if the
1220	applicant or managing employee has been found guilty of,
1221	regardless of adjudication, or has entered a plea of nolo
1222	contendere or guilty to, any offense prohibited under the level
1223	2 standards for screening set forth in chapter 435, unless an
1224	exemption from disqualification has been granted by the agency
1225	as set forth in chapter 435.
1226	(h)  The agency may deny or revoke licensure if the
1227	applicant:
1228	1.  Has falsely represented a material fact in the
1229	application required by paragraph (e) or paragraph (f), or has
1230	omitted any material fact from the application required by
1231	paragraph (e) or paragraph (f); or
1232	2.  Has had prior action taken against the applicant under
1233	the Medicaid or Medicare program as set forth in paragraph (e).
1234	(i)  An application for license renewal must contain the
1235	information required under paragraphs (e) and (f).
1236	(6)(7)  The applicant shall furnish satisfactory proof of
1237	financial ability to operate and conduct the facility or program
1238	in accordance with the requirements of this chapter and all
1239	adopted rules promulgated hereunder.
1240	(7)(8)  The agency shall adopt rules establishing minimum
1241	standards for licensure of residential facilities and
1242	comprehensive transitional education programs, including rules
1243	requiring facilities and programs to train staff to detect and
1244	prevent sexual abuse of residents and clients, minimum standards
1245	of quality and adequacy of care, and uniform firesafety
1246	standards established by the State Fire Marshal which are
1247	appropriate to the size of the facility or of the component
1248	centers or units of the program.
1249	(8)(9)  The agency and the Agency for Health Care
1250	Administration, after consultation with the Department of
1251	Community Affairs, shall adopt rules for residential facilities
1252	under the respective regulatory jurisdiction of each
1253	establishing minimum standards for the preparation and annual
1254	update of a comprehensive emergency management plan. At a
1255	minimum, the rules must provide for plan components that address
1256	emergency evacuation transportation; adequate sheltering
1257	arrangements; postdisaster activities, including emergency
1258	power, food, and water; postdisaster transportation; supplies;
1259	staffing; emergency equipment; individual identification of
1260	residents and transfer of records; and responding to family
1261	inquiries. The comprehensive emergency management plan for all
1262	comprehensive transitional education programs and for homes
1263	serving individuals who have complex medical conditions is
1264	subject to review and approval by the local emergency management
1265	agency. During its review, the local emergency management agency
1266	shall ensure that the agency and the Department of Community
1267	Affairs following agencies, at a minimum, are given the
1268	opportunity to review the plan: the Agency for Health Care
1269	Administration, the Agency for Persons with Disabilities, and
1270	the Department of Community Affairs. Also, appropriate volunteer
1271	organizations must be given the opportunity to review the plan.
1272	The local emergency management agency shall complete its review
1273	within 60 days and either approve the plan or advise the
1274	facility of necessary revisions.
1275	(9)(10)  The agency may conduct unannounced inspections to
1276	determine compliance by residential facilities and comprehensive
1277	transitional education programs with the applicable provisions
1278	of this chapter and the rules adopted pursuant hereto, including
1279	the rules adopted for training staff of a facility or a program
1280	to detect and prevent sexual abuse of residents and clients. The
1281	facility or program shall make copies of inspection reports
1282	available to the public upon request.
1283	(10)(11)  An alternative living center and an independent
1284	living education center, as described defined in s. 393.18
1285	393.063, shall be subject to the provisions of s. 419.001,
1286	except that such centers shall be exempt from the 1,000-foot-
1287	radius requirement of s. 419.001(2) if:
1288	(a)  Such centers are located on a site zoned in a manner
1289	so that all the component centers of a comprehensive transition
1290	education center may be located thereon; or
1291	(b)  There are no more than three such centers within said
1292	radius of 1,000 feet.
1293	(11)(12)  Each residential facility or comprehensive
1294	transitional education program licensed by the agency shall
1295	forward annually to the agency a true and accurate sworn
1296	statement of its costs of providing care to clients funded by
1297	the agency.
1298	(12)(13)  The agency may audit the records of any
1299	residential facility or comprehensive transitional education
1300	program that it has reason to believe may not be in full
1301	compliance with the provisions of this section; provided that,
1302	any financial audit of such facility or program shall be limited
1303	to the records of clients funded by the agency.
1304	(13)(14)  The agency shall establish, for the purpose of
1305	control of licensure costs, a uniform management information
1306	system and a uniform reporting system with uniform definitions
1307	and reporting categories.
1308	(14)(15)  Facilities and programs licensed pursuant to this
1309	section shall adhere to all rights specified in s. 393.13,
1310	including those enumerated in s. 393.13(4).
1311	(15)(16)  No unlicensed residential facility or
1312	comprehensive transitional education program shall receive state
1313	funds. A license for the operation of a facility or program
1314	shall not be renewed if the licensee has any outstanding fines
1315	assessed pursuant to this chapter wherein final adjudication of
1316	such fines has been entered.
1317	(16)(17)  The agency shall not be required to contract with
1318	new facilities licensed after October 1, 1989, pursuant to this
1319	chapter. Pursuant to chapter 287, the agency shall continue to
1320	contract within available resources for residential services
1321	with facilities licensed prior to October 1, 1989, if such
1322	facilities comply with the provisions of this chapter and all
1323	other applicable laws and regulations.
1324	Section 15.  Subsections (1) and (2) of section 393.0673,
1325	Florida Statutes, are amended to read:
1326	393.0673  Denial, suspension, revocation of license;
1327	moratorium on admissions; administrative fines; procedures.--
1328	(1)  The agency may deny, revoke, or suspend a license or
1329	impose an administrative fine, not to exceed $1,000 per
1330	violation per day, for a violation of any provision of s.
1331	393.0655 or s. 393.067 or adopted rules adopted pursuant
1332	thereto. All hearings shall be held within the county in which
1333	the licensee or applicant operates or applies for a license to
1334	operate a facility as defined herein.
1335	(2)  The agency, as a part of any final order issued by it
1336	pursuant to under the provisions of this chapter, may impose
1337	such fine as it deems proper, except that such fine may not
1338	exceed $1,000 for each violation. Each day a violation of this
1339	chapter occurs constitutes a separate violation and is subject
1340	to a separate fine, but in no event may the aggregate amount of
1341	any fine exceed $10,000. Fines paid by any facility licensee
1342	under the provisions of this subsection shall be deposited in
1343	the Resident Protection Trust Fund and expended as provided in
1344	s. 400.063.
1345	Section 16.  Subsection (1) of section 393.0674, Florida
1346	Statutes, is amended to read:
1347	393.0674  Penalties.--
1348	(1)  It is a misdemeanor of the first degree, punishable as
1349	provided in s. 775.082 or s. 775.083, for any person willfully,
1350	knowingly, or intentionally to:
1351	(a)  Fail, by false statement, misrepresentation,
1352	impersonation, or other fraudulent means, to disclose in any
1353	application for voluntary or paid employment a material fact
1354	used in making a determination as to such person's
1355	qualifications to be a direct service provider;
1356	(b)  Provide or attempt to provide supports or services
1357	with direct service providers who are not in compliance
1358	noncompliance with the background screening requirements set
1359	forth minimum standards for good moral character as contained in
1360	this chapter; or
1361	(c)  Use information from the criminal records or central
1362	abuse hotline obtained under s. 393.0655, s. 393.066, or s.
1363	393.067 for any purpose other than screening that person for
1364	employment as specified in those sections or release such
1365	information to any other person for any purpose other than
1366	screening for employment as specified in those sections.
1367	Section 17.  Subsection (3) of section 393.0675, Florida
1368	Statutes, is amended to read:
1369	393.0675  Injunctive proceedings authorized.--
1370	(3)  The agency may institute proceedings for an injunction
1371	in a court of competent jurisdiction to terminate the operation
1372	of a provider of supports or services if such provider has
1373	willfully and knowingly refused to comply with the screening
1374	requirement for direct service providers or has refused to
1375	terminate direct service providers found not to be in compliance
1376	with such the requirements for good moral character.
1377	Section 18.  Paragraph (a) of subsection (1) and subsection
1378	(11) of section 393.0678, Florida Statutes, are amended to read:
1379	393.0678  Receivership proceedings.--
1380	(1)  The agency may petition a court of competent
1381	jurisdiction for the appointment of a receiver for an
1382	intermediate care facility for the developmentally disabled, a
1383	residential habilitation center, or a group home facility owned
1384	and operated by a corporation or partnership when any of the
1385	following conditions exist:
1386	(a)  Any person is operating a facility without a license
1387	and refuses to make application for a license as required by s.
1388	393.067 or, in the case of an intermediate care facility for the
1389	developmentally disabled, as required by ss. 393.067 and
1390	400.062.
1391	(11)  Nothing in this section shall be deemed to relieve
1392	any owner, operator, or employee of a facility placed in
1393	receivership of any civil or criminal liability incurred, or any
1394	duty imposed by law, by reason of acts or omissions of the
1395	owner, operator, or employee before the appointment of a
1396	receiver; nor shall anything contained in this section be
1397	construed to suspend during the receivership any obligation of
1398	the owner, operator, or employee for payment of taxes or other
1399	operating and maintenance expenses of the facility or any
1400	obligation of the owner, operator, or employee or any other
1401	person for the payment of mortgages or liens. The owner shall
1402	retain the right to sell or mortgage any facility under
1403	receivership, subject to the approval of the court which ordered
1404	the receivership. A receivership imposed under the provisions of
1405	this chapter shall be subject to the Resident Protection Trust
1406	Fund pursuant to s. 400.063. The owner of a facility placed in
1407	receivership by the court shall be liable for all expenses and
1408	costs incurred by the Resident Protection Trust Fund which occur
1409	as a result of the receivership.
1410	Section 19.  Subsections (1) and (3) of section 393.068,
1411	Florida Statutes, are amended to read:
1412	393.068  Family care program.--
1413	(1)  The family care program is established for the purpose
1414	of providing services and support to families and individuals
1415	with developmental disabilities in order to maintain the
1416	individual in the home environment and avoid costly out-of-home
1417	residential placement. Services and support available to
1418	families and individuals with developmental disabilities shall
1419	emphasize community living, the principles of self-
1420	determination, and enable individuals with developmental
1421	disabilities to enjoy typical lifestyles. One way to accomplish
1422	this is to recognize that families are the greatest resource
1423	available to individuals who have developmental disabilities and
1424	must be supported in their role as primary care givers.
1425	(3)  When it is determined by the agency to be more cost-
1426	effective and in the best interest of the client to maintain
1427	such client in the home of a direct service provider, the parent
1428	or guardian of the client or, if competent, the client may
1429	enroll the client in the family care program. The direct service
1430	provider of a client enrolled in the family care program shall
1431	be reimbursed according to a rate schedule set by the agency.
1432	In-home subsidies cited in paragraph (1)(d) shall be provided
1433	according to s. 393.0695 and are not subject to any other
1434	payment method or rate schedule provided for in this section.
1435	Section 20.  Subsection (3) of section 393.0695, Florida
1436	Statutes, is amended to read:
1437	393.0695  Provision of in-home subsidies.--
1438	(3)  In-home subsidies must be based on an individual
1439	determination of need and must not exceed maximum amounts set by
1440	the agency and reassessed by the agency quarterly annually.
1441	Section 21.  Subsection (2) of section 393.075, Florida
1442	Statutes, is amended to read:
1443	393.075  General liability coverage.--
1444	(2)  The Division of Risk Management of the Department of
1445	Financial Services shall provide coverage through the agency to
1446	any person who owns or operates a foster care facility or group
1447	home facility solely for the agency, who cares for children
1448	placed by developmental disabilities services staff of the
1449	agency, and who is licensed pursuant to s. 393.067 to provide
1450	such supervision and care in his or her place of residence. The
1451	coverage shall be provided from the general liability account of
1452	the State Risk Management Trust Fund. The coverage is limited to
1453	general liability claims arising from the provision of
1454	supervision and care of children in a foster care facility or
1455	group home facility pursuant to an agreement with the agency and
1456	pursuant to guidelines established through policy, rule, or
1457	statute. Coverage shall be subject to the limits provided in ss.
1458	284.38 and 284.385, and the exclusions set forth therein,
1459	together with other exclusions as may be set forth in the
1460	certificate of coverage issued by the trust fund. A person
1461	covered under the general liability account pursuant to this
1462	subsection shall immediately notify the Division of Risk
1463	Management of the Department of Financial Services of any
1464	potential or actual claim.
1465	Section 22.  Subsection (1), paragraph (a) of subsection
1466	(2), paragraph (b) of subsection (3), subsections (4) and (5),
1467	paragraph (a) of subsection (6), paragraphs (a) and (c) of
1468	subsection (7), paragraphs (d) and (e) of subsection (8),
1469	paragraph (b) of subsection (10), paragraph (b) of subsection
1470	(12), and subsection (13) of section 393.11, Florida Statutes,
1471	are amended to read:
1472	393.11  Involuntary admission to residential services.--
1473	(1)  JURISDICTION.--When a person is mentally retarded or
1474	autistic and requires involuntary admission to residential
1475	services provided by the agency, the circuit court of the county
1476	in which the person resides shall have jurisdiction to conduct a
1477	hearing and enter an order involuntarily admitting the person in
1478	order that the person may receive the care, treatment,
1479	habilitation, and rehabilitation which the person needs. For the
1480	purpose of identifying mental retardation or autism, diagnostic
1481	capability shall be established by the agency. The involuntary
1482	commitment of a person with retardation or autism who is charged
1483	with a felony offense shall be determined in accordance with s.
1484	916.302. Except as otherwise specified, the proceedings under
1485	this section shall be governed by the Florida Rules of Civil
1486	Procedure.
1487	(2)  PETITION.--
1488	(a)  A petition for involuntary admission to residential
1489	services may be executed by a petitioning commission. For
1490	proposed involuntary admission to residential services arising
1491	out of chapter 916, the petition may be filed by a petitioning
1492	commission, the agency, the state attorney of the circuit from
1493	which the defendant was committed, or the defendant's attorney.
1494	(3)  NOTICE.--
1495	(b)  Whenever a motion or petition has been filed pursuant
1496	to s. 916.303(2) to dismiss criminal charges against a defendant
1497	with retardation or autism, and a petition is filed to
1498	involuntarily admit the defendant to residential services under
1499	this section, the notice of the filing of the petition shall
1500	also be given to the defendant's attorney and to the state
1501	attorney of the circuit from which the defendant was committed.
1502	(4)  AGENCY DEVELOPMENTAL SERVICES PARTICIPATION.--
1503	(a)  Upon receiving the petition, the court shall
1504	immediately order the developmental services program of the
1505	agency to examine the person being considered for involuntary
1506	admission to residential services.
1507	(b)  Following the examination, the agency shall file After
1508	the developmental services program examines the person, a
1509	written report shall be filed with the court not less than 10
1510	working days before the date of the hearing. The report shall be
1511	served on the petitioner, the person with mental retardation or
1512	autism, and the person's attorney at the time the report is
1513	filed with the court.
1514	(c)  The report shall contain the findings of the agency
1515	developmental services program evaluation and any
1516	recommendations deemed appropriate.
1517	(5)  EXAMINING COMMITTEE.--
1518	(a)  Upon receiving the petition, the court shall
1519	immediately appoint an examining committee to examine the person
1520	being considered for involuntary admission to residential
1521	services of the developmental services program of the agency.
1522	(b)  The court shall appoint no fewer than three
1523	disinterested experts who have demonstrated to the court an
1524	expertise in the diagnosis, evaluation, and treatment of persons
1525	with mental retardation or autism. The committee shall include
1526	at least one licensed and qualified physician, one licensed and
1527	qualified psychologist, and one qualified professional with a
1528	minimum of a masters degree in social work, special education,
1529	or vocational rehabilitation counseling, to examine the person
1530	and to testify at the hearing on the involuntary admission to
1531	residential services.
1532	(c)  Counsel for the person who is being considered for
1533	involuntary admission to residential services and counsel for
1534	the petition commission shall have the right to challenge the
1535	qualifications of those appointed to the examining committee.
1536	(d)  Members of the committee shall not be employees of the
1537	agency or be associated with each other in practice or in
1538	employer-employee relationships. Members of the committee shall
1539	not have served as members of the petitioning commission.
1540	Members of the committee shall not be employees of the members
1541	of the petitioning commission or be associated in practice with
1542	members of the commission.
1543	(e)  The committee shall prepare a written report for the
1544	court. The report shall explicitly document the extent that the
1545	person meets the criteria for involuntary admission. The report,
1546	and expert testimony, shall include, but not be limited to:
1547	1.  The degree of the person's mental retardation or
1548	autism;
1549	2.  Whether, because of the person's degree of mental
1550	retardation or autism, the person:
1551	a.  Lacks sufficient capacity to give express and informed
1552	consent to a voluntary application for services pursuant to s.
1553	393.065;
1554	b.  Lacks basic survival and self-care skills to such a
1555	degree that close supervision and habilitation in a residential
1556	setting is necessary and if not provided would result in a real
1557	and present threat of substantial harm to the person's well-
1558	being; or
1559	c.  Is likely to physically injure others if allowed to
1560	remain at liberty.
1561	3.  The purpose to be served by residential care;
1562	4.  A recommendation on the type of residential placement
1563	which would be the most appropriate and least restrictive for
1564	the person; and
1565	5.  The appropriate care, habilitation, and treatment.
1566	(f)  The committee shall file the report with the court not
1567	less than 10 working days before the date of the hearing. The
1568	report shall be served on the petitioner, the person with mental
1569	retardation or autism, and the person's attorney at the time the
1570	report is filed with the court.
1571	(g)  Members of the examining committee shall receive a
1572	reasonable fee to be determined by the court. The fees are to be
1573	paid from the general revenue fund of the county in which the
1574	person with mental retardation or autism resided when the
1575	petition was filed.
1576	(h)  The agency shall develop and prescribe by rule one or
1577	more standard forms to be used as a guide for members of the
1578	examining committee.
1579	(6)  COUNSEL; GUARDIAN AD LITEM.--
1580	(a)  The person with mental retardation or autism shall be
1581	represented by counsel at all stages of the judicial proceeding.
1582	In the event the person is indigent and cannot afford counsel,
1583	the court shall appoint a public defender not less than 20
1584	working days before the scheduled hearing. The person's counsel
1585	shall have full access to the records of the service provider
1586	and the agency. In all cases, the attorney shall represent the
1587	rights and legal interests of the person with mental retardation
1588	or autism, regardless of who may initiate the proceedings or pay
1589	the attorney's fee.
1590	(7)  HEARING.--
1591	(a)  The hearing for involuntary admission shall be
1592	conducted, and the order shall be entered, in the county in
1593	which the petition is filed person is residing or be as
1594	convenient to the person as may be consistent with orderly
1595	procedure. The hearing shall be conducted in a physical setting
1596	not likely to be injurious to the person's condition.
1597	(c)  The court may appoint a general or special magistrate
1598	to preside. Except as otherwise specified, the magistrate's
1599	proceeding shall be governed by the rule 1.490, Florida Rules of
1600	Civil Procedure.
1601	(8)  ORDER.--
1602	(d)  If an order of involuntary admission to residential
1603	services provided by the developmental services program of the
1604	agency is entered by the court, a copy of the written order
1605	shall be served upon the person, the person's counsel, the
1606	agency, and the state attorney and the person's defense counsel,
1607	if applicable. The order of involuntary admission sent to the
1608	agency shall also be accompanied by a copy of the examining
1609	committee's report and other reports contained in the court
1610	file.
1611	(e)  Upon receiving the order, the agency shall, within 45
1612	days, provide the court with a copy of the person's family or
1613	individual support plan and copies of all examinations and
1614	evaluations, outlining the treatment and rehabilitative
1615	programs. The agency shall document that the person has been
1616	placed in the most appropriate, least restrictive and cost-
1617	beneficial residential setting facility. A copy of the family or
1618	individual support plan and other examinations and evaluations
1619	shall be served upon the person and the person's counsel at the
1620	same time the documents are filed with the court.
1621	(10)  COMPETENCY.--
1622	(b)  The issue of the competency of a person with mental
1623	retardation or autism for the purposes of assigning guardianship
1624	shall be determined in a separate proceeding according to the
1625	procedures and requirements of chapter 744 and the Florida
1626	Probate Rules. The issue of the competency of a person with
1627	mental retardation or autism for the purpose of determining
1628	whether the person is competent to proceed in a criminal trial
1629	shall be determined in accordance with chapter 916.
1630	(12)  APPEAL.--
1631	(b)  The filing of an appeal by the person with mental
1632	retardation or autism shall stay admission of the person into
1633	residential care. The stay shall remain in effect during the
1634	pendency of all review proceedings in Florida courts until a
1635	mandate issues.
1636	(13)  HABEAS CORPUS.--At any time and without notice, any
1637	person involuntarily admitted into residential care to the
1638	developmental services program of the agency, or the person's
1639	parent or legal guardian in his or her behalf, is entitled to
1640	file a petition for a writ of habeas corpus to question the
1641	cause, legality, and appropriateness of the person's involuntary
1642	admission. Each person, or the person's parent or legal
1643	guardian, shall receive specific written notice of the right to
1644	petition for a writ of habeas corpus at the time of his or her
1645	involuntary placement.
1646	Section 23.  Section 393.122, Florida Statutes, is amended
1647	to read:
1648	393.122  Applications for continued residential services.--
1649	(1)  If a client is discharged from residential services
1650	under the provisions of s. 393.115 this section, application for
1651	needed services shall be encouraged.
1652	(2)  No client receiving services from the state department
1653	as of July 1, 1977, shall be denied continued services due to
1654	any change in eligibility requirements by chapter 77-335, Laws
1655	of Florida.
1656	Section 24.  Subsection (2) of section 393.125, Florida
1657	Statutes, is amended to read:
1658	393.125  Hearing rights.--
1659	(2)  REVIEW OF PROVIDER DECISIONS.--The agency shall adopt
1660	rules to establish uniform guidelines for the agency and service
1661	providers relevant to termination, suspension, or reduction of
1662	client services by the service provider. The rules shall ensure
1663	the due process rights of service providers and clients.
1664	Section 25.  Paragraphs (b) and (d) of subsection (2),
1665	paragraph (a) of subsection (3), paragraphs (a), (b), (c), (g),
1666	(i), (j), and (k) of subsection (4), and subsection (7) of
1667	section 393.13, Florida Statutes, are amended to read:
1668	393.13  Personal Treatment of persons with developmental
1669	disabilities who are developmentally disabled.--
1670	(2)  LEGISLATIVE INTENT.--
1671	(b)  The Legislature further finds and declares that the
1672	design and delivery of treatment and services to persons with
1673	developmental disabilities who are developmentally disabled
1674	should be directed by the principles of self-determination
1675	normalization and therefore should:
1676	1.  Abate the use of large institutions.
1677	2.  Continue the development of community-based services
1678	which provide reasonable alternatives to institutionalization in
1679	settings that are least restrictive to the client.
1680	3.  Provide training and education to individuals with
1681	developmental disabilities who are developmentally disabled
1682	which will maximize their potential to lead independent and
1683	productive lives and which will afford opportunities for outward
1684	mobility from institutions.
1685	4.  Reduce the use of sheltered workshops and other
1686	noncompetitive employment day activities and promote
1687	opportunities for gainful employment for persons with
1688	developmental disabilities who choose to seek such employment.
1689	(d)  It is the intent of the Legislature:
1690	1.  To articulate the existing legal and human rights of
1691	persons with developmental disabilities who are developmentally
1692	disabled so that they may be exercised and protected. Persons
1693	with developmental disabilities shall have all the rights
1694	enjoyed by citizens of the state and the United States.
1695	2.  To provide a mechanism for the identification,
1696	evaluation, and treatment of persons with developmental
1697	disabilities.
1698	3.  To divert those individuals from institutional
1699	commitment who, by virtue of comprehensive assessment, can be
1700	placed in less costly, more effective community environments and
1701	programs.
1702	4.  To fund improvements in the program in accordance with
1703	the availability of state resources and yearly priorities
1704	determined by the Legislature.
1705	5.  To ensure that persons with developmental disabilities
1706	receive treatment and habilitation which fosters the
1707	developmental potential of the individual.
1708	6.  To provide programs for the proper habilitation and
1709	treatment of persons with developmental disabilities which shall
1710	include, but not be limited to, comprehensive medical/dental
1711	care, education, recreation, specialized therapies, training,
1712	social services, transportation, guardianship, family care
1713	programs, day habilitation services, and habilitative and
1714	rehabilitative services suited to the needs of the individual
1715	regardless of age, degree of disability, or handicapping
1716	condition. No person with developmental disabilities shall be
1717	deprived of these enumerated services by reason of inability to
1718	pay.
1719	7.  To fully effectuate the principles of self-
1720	determination normalization principle through the establishment
1721	of community services for persons with developmental
1722	disabilities as a viable and practical alternative to
1723	institutional care at each stage of individual life development.
1724	If care in a residential facility or intermediate care facility
1725	becomes necessary, it shall be in the least restrictive setting.
1726	(3)  RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL
1727	DISABILITIES.--The rights described in this subsection shall
1728	apply to all persons with developmental disabilities, whether or
1729	not such persons are clients of the agency.
1730	(a)  Persons with developmental disabilities shall have a
1731	right to dignity, privacy, and humane care, including the right
1732	to be free from sexual abuse in residential facilities and
1733	intermediate care facilities.
1734	(4)  CLIENT RIGHTS.--For purposes of this subsection, the
1735	term "client," as defined in s. 393.063, shall also include any
1736	person served in a facility licensed pursuant to s. 393.067.
1737	(a)  Clients shall have an unrestricted right to
1738	communication:
1739	1.  Each client shall be allowed to receive, send, and mail
1740	sealed, unopened correspondence. No client's incoming or
1741	outgoing correspondence shall be opened, delayed, held, or
1742	censored by the facility unless there is reason to believe that
1743	it contains items or substances which may be harmful to the
1744	client or others, in which case the chief administrator of the
1745	facility may direct reasonable examination of such mail and
1746	regulate the disposition of such items or substances.
1747	2.  Clients in residential facilities and intermediate care
1748	facilities shall be afforded reasonable opportunities for
1749	telephone communication, to make and receive confidential calls,
1750	unless there is reason to believe that the content of the
1751	telephone communication may be harmful to the client or others,
1752	in which case the chief administrator of the facility may direct
1753	reasonable observation and monitoring to the telephone
1754	communication.
1755	3.  Clients shall have an unrestricted right to visitation
1756	subject to reasonable rules of the facility. However, nothing in
1757	this provision shall be construed to permit infringement upon
1758	other clients' rights to privacy.
1759	(b)  Each client has the right to the possession and use of
1760	his or her own clothing and personal effects, except in those
1761	specific instances where the use of some of these items as
1762	reinforcers is essential for training the client as part of an
1763	appropriately approved behavioral program. The chief
1764	administrator of the facility may take temporary custody of such
1765	effects when it is essential to do so for medical or safety
1766	reasons. Custody of such personal effects shall be promptly
1767	recorded in the client's record, and a receipt for such effects
1768	shall be immediately given to the client, if competent, or the
1769	client's parent or legal guardian.
1770	1.  All money belonging to a client shall be held by the
1771	agency as a trustee shall be held in compliance with s.
1772	402.17(2).
1773	2.  All interest on money received and held for the
1774	personal use and benefit of a client shall be the property of
1775	that client and shall not accrue to the general welfare of all
1776	clients or be used to defray the cost of residential care.
1777	Interest so accrued shall be used or conserved for the personal
1778	use or benefit of the individual client as provided in s.
1779	402.17(2).
1780	3.  Upon the discharge or death of a client, a final
1781	accounting shall be made of all personal effects and money
1782	belonging to the client held by the agency. All such personal
1783	effects and money, including interest, shall be promptly turned
1784	over to the client or his or her heirs.
1785	(c)  Each client shall receive prompt and appropriate
1786	medical treatment and care for physical and mental ailments and
1787	for the prevention of any illness or disability. Medical
1788	treatment shall be consistent with the accepted standards of
1789	medical practice in the community.
1790	1.  Medication shall be administered only at the written
1791	order of a physician. Medication shall not be used as
1792	punishment, for the convenience of staff, as a substitute for
1793	implementation of an individual or family support plan or
1794	behavior modification programming, or in unnecessary or
1795	excessive quantities.
1796	2.  Daily notation of medication received by each client in
1797	a residential facility or intermediate care facility shall be
1798	kept in the client's record.
1799	3.  Periodically, but no less frequently than every 6
1800	months, the drug regimen of each client in a residential
1801	facility or intermediate care facility shall be reviewed by the
1802	attending physician or other appropriate monitoring body,
1803	consistent with appropriate standards of medical practice. All
1804	prescriptions shall have a termination date.
1805	4.  When pharmacy services are provided at any residential
1806	facility or intermediate care facility, such services shall be
1807	directed or supervised by a professionally competent pharmacist
1808	licensed according to the provisions of chapter 465.
1809	5.  Pharmacy services shall be delivered in accordance with
1810	the provisions of chapter 465.
1811	6.  Prior to instituting a plan of experimental medical
1812	treatment or carrying out any necessary surgical procedure,
1813	express and informed consent shall be obtained from the client,
1814	if competent, or the client's parent or legal guardian.
1815	Information upon which the client shall make necessary treatment
1816	and surgery decisions shall include, but not be limited to:
1817	a.  The nature and consequences of such procedures.
1818	b.  The risks, benefits, and purposes of such procedures.
1819	c.  Alternate procedures available.
1820	7.  When the parent or legal guardian of the client is
1821	unknown or unlocatable and the physician is unwilling to perform
1822	surgery based solely on the client's consent, a court of
1823	competent jurisdiction shall hold a hearing to determine the
1824	appropriateness of the surgical procedure. The client shall be
1825	physically present, unless the client's medical condition
1826	precludes such presence, represented by counsel, and provided
1827	the right and opportunity to be confronted with, and to cross-
1828	examine, all witnesses alleging the appropriateness of such
1829	procedure. In such proceedings, the burden of proof by clear and
1830	convincing evidence shall be on the party alleging the
1831	appropriateness of such procedures. The express and informed
1832	consent of a person described in subparagraph 6. may be
1833	withdrawn at any time, with or without cause, prior to treatment
1834	or surgery.
1835	8.  The absence of express and informed consent
1836	notwithstanding, a licensed and qualified physician may render
1837	emergency medical care or treatment to any client who has been
1838	injured or who is suffering from an acute illness, disease, or
1839	condition if, within a reasonable degree of medical certainty,
1840	delay in initiation of emergency medical care or treatment would
1841	endanger the health of the client.
1842	(g)  No client shall be subjected to a treatment program to
1843	eliminate bizarre or unusual behaviors without first being
1844	examined by a physician who in his or her best judgment
1845	determines that such behaviors are not organically caused.
1846	1.  Treatment programs involving the use of noxious or
1847	painful stimuli shall be prohibited.
1848	2.  All alleged violations of this paragraph shall be
1849	reported immediately to the chief administrative officer of the
1850	facility and or the district administrator, the agency head, and
1851	the Florida local advocacy council. A thorough investigation of
1852	each incident shall be conducted and a written report of the
1853	finding and results of such investigation shall be submitted to
1854	the chief administrative officer of the facility or the district
1855	administrator and to the agency head within 24 hours of the
1856	occurrence or discovery of the incident.
1857	3.  The agency shall adopt by rule a system for the
1858	oversight of behavioral programs. Such system shall establish
1859	guidelines and procedures governing the design, approval,
1860	implementation, and monitoring of all behavioral programs
1861	involving clients. The system shall ensure statewide and local
1862	review by committees of professionals certified as behavior
1863	analysts pursuant to s. 393.17. No behavioral program shall be
1864	implemented unless reviewed according to the rules established
1865	by the agency under this section. Nothing stated in this section
1866	shall prohibit the review of programs by the Florida statewide
1867	or local advocacy councils.
1868	(i)  Clients shall have the right to be free from
1869	unnecessary physical, chemical, or mechanical restraint.
1870	Restraints shall be employed only in emergencies or to protect
1871	the client from imminent injury to himself or herself or others.
1872	Restraints shall not be employed as punishment, for the
1873	convenience of staff, or as a substitute for a habilitative
1874	plan. Restraints shall impose the least possible restrictions
1875	consistent with their purpose and shall be removed when the
1876	emergency ends. Restraints shall not cause physical injury to
1877	the client and shall be designed to allow the greatest possible
1878	comfort.
1879	1.  Mechanical supports used in normative situations to
1880	achieve proper body position and balance shall not be considered
1881	restraints, but shall be prescriptively designed and applied
1882	under the supervision of a qualified professional with concern
1883	for principles of good body alignment, circulation, and
1884	allowance for change of position.
1885	2.  Totally enclosed cribs and barred enclosures shall be
1886	considered restraints.
1887	3.  Daily reports on the employment of physical, chemical,
1888	or mechanical restraints by those specialists authorized in the
1889	use of such restraints shall be made to the appropriate chief
1890	administrator of the facility, and a monthly summary of such
1891	reports shall be relayed to the agency district administrator
1892	and the Florida local advocacy council. The reports shall
1893	summarize all such cases of restraints, the type used, the
1894	duration of usage, and the reasons therefor. Districts shall
1895	submit districtwide quarterly reports of these summaries to the
1896	state Developmental Disabilities Program Office.
1897	4.  The agency shall post a copy of the rules adopted under
1898	this section in each living unit of residential facilities. A
1899	copy of the rules adopted under this section shall be given to
1900	all staff members of licensed facilities and made a part of all
1901	preservice and inservice training programs.
1902	(j)1.  Each client shall have a central record. The record
1903	shall include data pertaining to admission and such other
1904	information as may be required under rules of the agency.
1905	2.  Unless waived by the client, if competent, or the
1906	client's parent or legal guardian if the client is incompetent,
1907	the client's central record shall be confidential and exempt
1908	from the provisions of s. 119.07(1), and no part of it shall be
1909	released except:
1910	a.  The record may be released to physicians, attorneys,
1911	and government agencies having need of the record to aid the
1912	client, as designated by the client, if competent, or the
1913	client's parent or legal guardian, if the client is incompetent.
1914	b.  The record shall be produced in response to a subpoena
1915	or released to persons authorized by order of court, excluding
1916	matters privileged by other provisions of law.
1917	c.  The record or any part thereof may be disclosed to a
1918	qualified researcher, a staff member of the facility, or an
1919	employee of the agency when the administrator of the facility or
1920	the director of the agency deems it necessary for the treatment
1921	of the client, maintenance of adequate records, compilation of
1922	treatment data, or evaluation of programs.
1923	d.  Information from the records may be used for
1924	statistical and research purposes if the information is
1925	abstracted in such a way to protect the identity of individuals.
1926	3.  All central records for each client in residential
1927	facilities or intermediate care facilities shall be kept on
1928	uniform forms distributed by the agency. The central record
1929	shall accurately summarize each client's history and present
1930	condition.
1931	4.  The client, if competent, or the client's parent or
1932	legal guardian if the client is incompetent, shall be supplied
1933	with a copy of the client's central record upon request.
1934	(k)  Each client residing in a residential facility or an
1935	intermediate care facility who is eligible to vote in public
1936	elections according to the laws of the state shall have the
1937	right to vote. Facilities operators shall arrange the means to
1938	exercise the client's right to vote.
1939	(7)  RESIDENT GOVERNMENT.--Each residential facility or
1940	intermediate care facility providing services to clients who are
1941	desirous and capable of participating shall initiate and develop
1942	a program of resident government to hear the views and represent
1943	the interests of all clients served by the facility. The
1944	resident government shall be composed of residents elected by
1945	other residents, staff advisers skilled in the administration of
1946	community organizations, and a representative of the Florida
1947	local advocacy council. The resident government shall work
1948	closely with the Florida local advocacy council and the district
1949	administrator to promote the interests and welfare of all
1950	residents in the facility.
1951	Section 26.  Subsections (1), (2), (4), and (5) of section
1952	393.135, Florida Statutes, are amended to read:
1953	393.135  Sexual misconduct prohibited; reporting required;
1954	penalties.--
1955	(1)  As used in this section, the term:
1956	(a)  "Employee" includes any paid staff member, volunteer,
1957	or intern of the agency or the department; any person under
1958	contract with the agency or the department; and any person
1959	providing care or support to a client on behalf of the agency
1960	department or its providers.
1961	(b)  "Sexual activity" means:
1962	1.  Fondling the genital area, groin, inner thighs,
1963	buttocks, or breasts of a person.
1964	2.  The oral, anal, or vaginal penetration by or union with
1965	the sexual organ of another or the anal or vaginal penetration
1966	of another by any other object.
1967	3.  Intentionally touching in a lewd or lascivious manner
1968	the breasts, genitals, the genital area, or buttocks, or the
1969	clothing covering them, of a person, or forcing or enticing a
1970	person to touch the perpetrator.
1971	4.  Intentionally masturbating in the presence of another
1972	person.
1973	5.  Intentionally exposing the genitals in a lewd or
1974	lascivious manner in the presence of another person.
1975	6.  Intentionally committing any other sexual act that does
1976	not involve actual physical or sexual contact with the victim,
1977	including, but not limited to, sadomasochistic abuse, sexual
1978	bestiality, or the simulation of any act involving sexual
1979	activity in the presence of a victim.
1980	(c)  "Sexual misconduct" means any sexual activity between
1981	an employee and a client to whom the employee renders services,
1982	care, or support on behalf of the agency or its providers or
1983	between the employee and another client who lives in the same
1984	home as the client to whom the employee is rendering the
1985	services, care, or support, regardless of the consent of the
1986	client. The term does not include an act done for a bona fide
1987	medical purpose or an internal search conducted in the lawful
1988	performance of duty by an employee.
1989	(2)  An employee who engages in sexual misconduct with an
1990	individual with a developmental disability who:
1991	(a)  Is in the custody of the department;
1992	(b)  Resides in a residential facility, including any
1993	comprehensive transitional education program, developmental
1994	disabilities services institution, foster care facility, group
1995	home facility, intermediate care facility for the
1996	developmentally disabled, or residential habilitation center; or
1997	(c)  Is eligible to receive Receives services from the
1998	agency under this chapter a family care program,
1999
2000	commits a felony of the second degree, punishable as provided in
2001	s. 775.082, s. 775.083, or s. 775.084. An employee may be found
2002	guilty of violating this subsection without having committed the
2003	crime of sexual battery.
2004	(4)  This section does not apply to an employee who:
2005	(a)  Is legally married to the client; or
2006	(b)  Has no reason to believe that the person with whom the
2007	employee engaged in sexual misconduct is a client receiving
2008	services as described in subsection (2).
2009	(5)  An employee who witnesses sexual misconduct, or who
2010	otherwise knows or has reasonable cause to suspect that a person
2011	has engaged in sexual misconduct, shall immediately report the
2012	incident to the department's central abuse hotline and to the
2013	appropriate local law enforcement agency. Such employee shall
2014	also prepare, date, and sign an independent report that
2015	specifically describes the nature of the sexual misconduct, the
2016	location and time of the incident, and the persons involved. The
2017	employee shall deliver the report to the supervisor or program
2018	director, who is responsible for providing copies to the
2019	agency's local program office and the agency's department's
2020	inspector general. The inspector general shall immediately
2021	conduct an appropriate administrative investigation, and, if
2022	there is probable cause to believe that sexual misconduct has
2023	occurred, the inspector general shall notify the state attorney
2024	in the circuit in which the incident occurred.
2025	Section 27.  Section 393.15, Florida Statutes, is amended
2026	to read:
2027	393.15  Legislative intent; Community Resources Development
2028	Loan Program Trust Fund.--
2029	(1)  The Legislature finds and declares that the
2030	development of community-based treatment facilities for persons
2031	who are developmentally disabled is desirable and recommended
2032	and should be encouraged and fostered by the state. The
2033	Legislature further recognizes that the development of such
2034	facilities is financially difficult for private individuals, due
2035	to initial expenditures required to adapt existing structures to
2036	the special needs of persons who are developmentally disabled
2037	who may be served in community-based foster care, group home,
2038	developmental training, and supported employment programs.
2039	Therefore, it is the intent of the Legislature intends that the
2040	agency by this act to develop and implement a loan program trust
2041	fund to provide support and encouragement in the establishment
2042	of community-based foster care, group home, developmental
2043	training, and supported employment programs for persons who are
2044	developmentally disabled.
2045	(2)  As used in this section, a foster care, group home,
2046	developmental training, or supported employment program may not
2047	be a for-profit corporation, but may be a nonprofit corporation,
2048	partnership, or sole proprietorship.
2049	(2)(3)  There is created a Community Resources Development
2050	Loan Program in Trust Fund in the State Treasury to be used by
2051	the agency for the purpose of granting loans to eligible
2052	programs for the initial costs of development of the programs.
2053	To be eligible, a foster home, group home, developmental
2054	training, or supported employment program must:
2055	(a)  Serve persons who are developmentally disabled.
2056	(b)  Be a nonprofit corporation, a partnership, or a sole
2057	proprietorship.
2058	(c)  Be Loans shall be made only to those facilities which
2059	are in compliance with the zoning regulations of the local
2060	community.
2061	(3)  Loans may be made to pay for the costs of development,
2062	may include structural modification, the purchase of equipment
2063	and fire and safety devices, preoperational staff training, and
2064	the purchase of insurance. Such costs shall not include the
2065	actual construction of a facility nor be in lieu of payment for
2066	maintenance, client services, or care provided.
2067	(4)  The agency may grant to an eligible program a lump-sum
2068	loan in one payment not to exceed the cost to the program of
2069	providing 2 months' services, care, or maintenance to each
2070	person who is developmentally disabled to be placed in the
2071	program by the agency, or the actual cost of firesafety
2072	renovations to a facility required by the state, whichever is
2073	greater. Loans granted to programs shall not be in lieu of
2074	payment for maintenance, services, or care provided, but shall
2075	stand separate and distinct.
2076	(5)  The agency shall adopt rules, as provided in chapter
2077	120, to determine the criteria standards under which a program
2078	shall be eligible to receive a loan as provided in this section
2079	and a methodology criteria for the equitable allocation of loan
2080	trust funds when eligible applications exceed the funds
2081	available.
2082	(6)(5)  Any loan granted by the agency under this section
2083	shall be repaid by the program within 5 years and the amount
2084	paid deposited in the agency's Administrative Trust Fund. Money
2085	repaid shall be used to fund new loans. A program that operates
2086	as a nonprofit corporation meeting the requirements of s.
2087	501(c)(3) of the Internal Revenue Code, and that seeks
2088	forgiveness of its loan shall submit to the agency an annual a
2089	statement setting forth the service it has provided during the
2090	year together with such other information as the agency by rule
2091	shall require, and, upon approval of each such annual statement,
2092	the agency may shall forgive up to 20 percent of the principal
2093	of any such loan granted after June 30, 1975.
2094	(7)(6)  If any program that has received a loan under this
2095	section ceases to accept, or provide care, services, or
2096	maintenance to persons placed in the program by the department,
2097	or if such program files papers of bankruptcy, at that point in
2098	time the loan shall become an interest-bearing loan at the rate
2099	of 5 percent per annum on the entire amount of the initial loan
2100	which shall be repaid within a 1-year period from the date on
2101	which the program ceases to provide care, services, or
2102	maintenance, or files papers in bankruptcy, and the amount of
2103	the loan due plus interest shall constitute a lien in favor of
2104	the state against all real and personal property of the program.
2105	The lien shall be perfected by the appropriate officer of the
2106	agency by executing and acknowledging a statement of the name of
2107	the program and the amount due on the loan and a copy of the
2108	promissory note, which shall be recorded by the agency with the
2109	clerk of the circuit court in the county wherein the program is
2110	located. If the program has filed a petition for bankruptcy, the
2111	agency shall file and enforce the lien in the bankruptcy
2112	proceedings. Otherwise, the lien shall be enforced in the manner
2113	provided in s. 85.011. All funds received by the agency from the
2114	enforcement of the lien shall be deposited in the agency's
2115	Administrative Community Resources Development Trust Fund and
2116	used to fund new loans.
2117	Section 28.  Section 393.18, Florida Statutes, is created
2118	to read:
2119	393.18  Comprehensive transitional education program.--A
2120	comprehensive transitional education program is a group of
2121	jointly operating centers or units, the collective purpose of
2122	which is to provide a sequential series of educational care,
2123	training, treatment, habilitation, and rehabilitation services
2124	to persons with developmental disabilities who have severe or
2125	moderate maladaptive behaviors. However, nothing in this section
2126	shall require such programs to provide services only to persons
2127	with developmental disabilities. All such services shall be
2128	temporary in nature and delivered in a structured residential
2129	setting with the primary goal of incorporating the principle of
2130	self-determination in establishing permanent residence for
2131	persons with maladaptive behaviors in facilities not associated
2132	with the comprehensive transitional education program. The staff
2133	shall include psychologists and teachers and shall be available
2134	to provide services in each component center or unit of the
2135	program. The psychologists shall be individuals who are licensed
2136	under chapter 490 and certified as behavior analysts in this
2137	state or individuals who are certified as behavior analysts
2138	pursuant to s. 393.17.
2139	(1)  Comprehensive transitional education programs shall
2140	include a minimum of two component centers or units, one of
2141	which shall be either an intensive treatment and educational
2142	center or a transitional training and educational center, which
2143	provides services to persons with maladaptive behaviors in the
2144	following sequential order:
2145	(a)  Intensive treatment and educational center.--This
2146	component is a self-contained residential unit that provides
2147	intensive psychological and educational programming for persons
2148	with severe maladaptive behaviors whose behaviors preclude
2149	placement in a less restrictive environment due to the threat of
2150	danger or injury to themselves or others.
2151	(b)  Transitional training and educational center.--This
2152	component is a residential unit for persons with moderate
2153	maladaptive behaviors that provides concentrated psychological
2154	and educational programming that emphasizes a transition toward
2155	a less restrictive environment.
2156	(c)  Community transition residence.--This component is a
2157	residential center that provides educational programs and the
2158	support services, training, and care needed to assist persons
2159	with maladaptive behaviors to avoid regression to more
2160	restrictive environments while preparing them for more
2161	independent living. Continuous-shift staff shall be required for
2162	this component.
2163	(d)  Alternative living center.--This component is a
2164	residential unit that provides an educational and family living
2165	environment for persons with maladaptive behaviors in a
2166	moderately unrestricted setting. Residential staff shall be
2167	required for this component.
2168	(e)  Independent living education center.--This component
2169	is a facility providing a family living environment for persons
2170	with maladaptive behaviors in a largely unrestricted setting
2171	which includes education and monitoring appropriate to support
2172	the development of independent living skills.
2173	(2)  Components of a comprehensive transitional education
2174	program are subject to the license issued under s. 393.067 to a
2175	comprehensive transitional education program and may be located
2176	on either single or multiple sites.
2177	(3)  Comprehensive transitional education programs shall
2178	develop individual education plans for each person with
2179	maladaptive behaviors who receives services therein. Such
2180	individual education plans shall be developed in accordance with
2181	the criteria specified in 20 U.S.C. ss. 401 et seq., and 34
2182	C.F.R. part 300.
2183	(4)  In no instance shall the total number of persons with
2184	maladaptive behaviors being provided services in a comprehensive
2185	transitional education program exceed 120 residents.
2186	Section 29.  Subsection (2) of section 393.501, Florida
2187	Statutes, is amended to read:
2188	393.501  Rulemaking.--
2189	(2)  Such rules shall address the number of facilities on a
2190	single parcel or adjacent parcels of land, and in addition, for
2191	ICF/MR, the rate and location of facility development and level
2192	of care.
2193	Section 30.  Subsections (1) and (3) of section 393.506,
2194	Florida Statutes, are amended to read:
2195	393.506  Administration of medication.--
2196	(1)  Notwithstanding the provisions of part I of chapter
2197	464, the Nurse Practice Act, unlicensed direct care services
2198	staff providing services to persons with developmental
2199	disabilities may administer oral, transdermal, inhaled, or
2200	topical prescription medications as provided in this section.
2201	(a)  For day habilitation facilities programs, as defined
2202	in s. 393.063, the director of the facility or program shall
2203	designate in writing unlicensed direct care services staff who
2204	are eligible to be trained to assist in the administration of or
2205	to administer medication.
2206	(b)  For intermediate care facilities for the
2207	developmentally disabled licensed pursuant to part XI of chapter
2208	400, unlicensed staff designated by the director may provide
2209	medication assistance under the general supervision of a
2210	registered nurse licensed pursuant to chapter 464.
2211	(3)  The policies and procedures must include, at a
2212	minimum, a requirement that the following provisions:
2213	(a)  The An expressed and informed consent of for each
2214	client shall be obtained.
2215	(b)  The director of the facility, program, or provider
2216	must maintain a copy of the written prescription which includes,
2217	and that prescription must include the name of the medication,
2218	the dosage and administration schedule, the reason for the
2219	prescription, and the termination date.
2220	(c)  Each prescribed medication shall be kept in its
2221	original container and in a secure location.
2222	Section 31.  Subsection (9) of section 397.405, Florida
2223	Statutes, is amended to read:
2224	397.405  Exemptions from licensure.--The following are
2225	exempt from the licensing provisions of this chapter:
2226	(9)  Facilities licensed under chapter 393 s. 393.063 that,
2227	in addition to providing services to persons who are
2228	developmentally disabled as defined therein, also provide
2229	services to persons developmentally at risk as a consequence of
2230	exposure to alcohol or other legal or illegal drugs while in
2231	utero.
2232	Section 32.  Subsection (13) of section 400.419, Florida
2233	Statutes, is amended to read:
2234	400.419  Violations; imposition of administrative fines;
2235	grounds.--
2236	(13)  The agency shall develop and disseminate an annual
2237	list of all facilities sanctioned or fined $5,000 or more for
2238	violations of state standards, the number and class of
2239	violations involved, the penalties imposed, and the current
2240	status of cases. The list shall be disseminated, at no charge,
2241	to the Department of Elderly Affairs, the Department of Health,
2242	the Department of Children and Family Services, the Agency for
2243	Persons with Disabilities, the area agencies on aging, the
2244	Florida Statewide Advocacy Council, and the state and local
2245	ombudsman councils. The Department of Children and Family
2246	Services shall disseminate the list to service providers under
2247	contract to the department who are responsible for referring
2248	persons to a facility for residency. The agency may charge a fee
2249	commensurate with the cost of printing and postage to other
2250	interested parties requesting a copy of this list.
2251	Section 33.  Paragraph (b) of subsection (5) of section
2252	400.464, Florida Statutes, is amended to read:
2253	400.464  Home health agencies to be licensed; expiration of
2254	license; exemptions; unlawful acts; penalties.--
2255	(5)  The following are exempt from the licensure
2256	requirements of this part:
2257	(b)  Home health services provided by a state agency,
2258	either directly or through a contractor with:
2259	1.  The Department of Elderly Affairs.
2260	2.  The Department of Health, a community health center, or
2261	a rural health network that furnishes home visits for the
2262	purpose of providing environmental assessments, case management,
2263	health education, personal care services, family planning, or
2264	followup treatment, or for the purpose of monitoring and
2265	tracking disease.
2266	3.  Services provided to persons who have developmental
2267	disabilities, as defined in s. 393.063.
2268	4.  Companion and sitter organizations that were registered
2269	under s. 400.509(1) on January 1, 1999, and were authorized to
2270	provide personal services under s. 393.063(33), Florida Statutes
2271	2000, under a developmental services provider certificate on
2272	January 1, 1999, may continue to provide such services to past,
2273	present, and future clients of the organization who need such
2274	services, notwithstanding the provisions of this act.
2275	5.  The Department of Children and Family Services.
2276	Section 34.  Section 400.960, Florida Statutes, is amended
2277	to read:
2278	400.960  Definitions.--As used in this part, the term:
2279	(1)  "Active treatment" means the provision of services by
2280	an interdisciplinary team which are necessary to maximize a
2281	client's individual independence or prevent regression or loss
2282	of functional status.
2283	(1)(2)  "Agency" means the Agency for Health Care
2284	Administration.
2285	(2)(3)  "Autism" means a pervasive, neurologically based
2286	developmental disability of extended duration which causes
2287	severe learning, communication, and behavior disorders with age
2288	of onset during infancy or childhood. Individuals with autism
2289	exhibit impairment in reciprocal social interaction, impairment
2290	in verbal and nonverbal communication and imaginative ability,
2291	and a markedly restricted repertoire of activities and
2292	interests.
2293	(3)(4)  "Cerebral palsy" means a group of disabling
2294	symptoms of extended duration which results from damage to the
2295	developing brain occurring before, during, or after birth and
2296	resulting in the loss or impairment of control over voluntary
2297	muscles. The term does not include those symptoms or impairments
2298	resulting solely from a stroke.
2299	(4)(5)  "Client" means any person determined by the Agency
2300	for Persons with Disabilities department to be eligible for
2301	developmental services.
2302	(6)  "Client advocate" means a friend or relative of the
2303	client, or of the client's immediate family, who advocates for
2304	the best interests of the client in any proceedings under this
2305	part in which the client or his or her family has the right or
2306	duty to participate.
2307	(7)  "Department" means the Department of Children and
2308	Family Services.
2309	(5)(8)  "Developmental disability" means a disorder or
2310	syndrome that is attributable to retardation, cerebral palsy,
2311	autism, spina bifida, or Prader-Willi syndrome and that
2312	constitutes a substantial handicap that can reasonably be
2313	expected to continue indefinitely.
2314	(6)(9)  "Direct service provider" means a person 18 years
2315	of age or older who has direct contact with individuals with
2316	developmental disabilities and who is unrelated to the
2317	individuals with developmental disabilities.
2318	(7)(10)  "Epilepsy" means a chronic brain disorder of
2319	various causes which is characterized by recurrent seizures due
2320	to excessive discharge of cerebral neurons. When found
2321	concurrently with retardation, autism, or cerebral palsy,
2322	epilepsy is considered a secondary disability for which the
2323	client is eligible to receive services to ameliorate this
2324	condition according to the provisions of this part.
2325	(11)  "Guardian advocate" means a person appointed by the
2326	circuit court to represent a person with developmental
2327	disabilities in any proceedings brought pursuant to s. 393.12,
2328	and is distinct from a guardian advocate for mentally ill
2329	persons under chapter 394.
2330	(8)(12)  "Intermediate care facility for the
2331	developmentally disabled" means a residential facility licensed
2332	and certified in accordance with state law, and certified by the
2333	Federal Government, pursuant to the Social Security Act, as a
2334	provider of Medicaid services to persons who are developmentally
2335	disabled.
2336	(9)(13)  "Prader-Willi syndrome" means an inherited
2337	condition typified by neonatal hypotonia with failure to thrive,
2338	hyperphagia, or an excessive drive to eat which leads to
2339	obesity, usually at 18 to 36 months of age, mild to moderate
2340	retardation, hypogonadism, short stature, mild facial
2341	dysmorphism, and a characteristic neurobehavior.
2342	(10)(14)  "Retardation" means significantly subaverage
2343	general intellectual functioning existing concurrently with
2344	deficits in adaptive behavior and manifested during the period
2345	from conception to age 18. "Significantly subaverage general
2346	intellectual functioning," for the purpose of this definition,
2347	means performance that is two or more standard deviations from
2348	the mean score on a standardized intelligence test specified in
2349	rules of the Agency for Persons with Disabilities department.
2350	"Deficits in adaptive behavior," for the purpose of this
2351	definition, means deficits in the effectiveness or degree with
2352	which an individual meets the standards of personal independence
2353	and social responsibility expected of his or her age, cultural
2354	group, and community.
2355	(11)(15)  "Spina bifida" means a medical diagnosis of spina
2356	bifida cystica or myelomeningocele.
2357	Section 35.  Subsection (2) of section 400.967, Florida
2358	Statutes, is amended to read:
2359	400.967  Rules and classification of deficiencies.--
2360	(2)  Pursuant to the intention of the Legislature, the
2361	agency, in consultation with the Agency for Persons with
2362	Disabilities Department of Children and Family Services and the
2363	Department of Elderly Affairs, shall adopt and enforce rules to
2364	administer this part, which shall include reasonable and fair
2365	criteria governing:
2366	(a)  The location and construction of the facility;
2367	including fire and life safety, plumbing, heating, cooling,
2368	lighting, ventilation, and other housing conditions that will
2369	ensure the health, safety, and comfort of residents. The agency
2370	shall establish standards for facilities and equipment to
2371	increase the extent to which new facilities and a new wing or
2372	floor added to an existing facility after July 1, 2000, are
2373	structurally capable of serving as shelters only for residents,
2374	staff, and families of residents and staff, and equipped to be
2375	self-supporting during and immediately following disasters. The
2376	Agency for Health Care Administration shall work with facilities
2377	licensed under this part and report to the Governor and the
2378	Legislature by April 1, 2000, its recommendations for cost-
2379	effective renovation standards to be applied to existing
2380	facilities. In making such rules, the agency shall be guided by
2381	criteria recommended by nationally recognized, reputable
2382	professional groups and associations having knowledge concerning
2383	such subject matters. The agency shall update or revise such
2384	criteria as the need arises. All facilities must comply with
2385	those lifesafety code requirements and building code standards
2386	applicable at the time of approval of their construction plans.
2387	The agency may require alterations to a building if it
2388	determines that an existing condition constitutes a distinct
2389	hazard to life, health, or safety. The agency shall adopt fair
2390	and reasonable rules setting forth conditions under which
2391	existing facilities undergoing additions, alterations,
2392	conversions, renovations, or repairs are required to comply with
2393	the most recent updated or revised standards.
2394	(b)  The number and qualifications of all personnel,
2395	including management, medical nursing, and other personnel,
2396	having responsibility for any part of the care given to
2397	residents.
2398	(c)  All sanitary conditions within the facility and its
2399	surroundings, including water supply, sewage disposal, food
2400	handling, and general hygiene, which will ensure the health and
2401	comfort of residents.
2402	(d)  The equipment essential to the health and welfare of
2403	the residents.
2404	(e)  A uniform accounting system.
2405	(f)  The care, treatment, and maintenance of residents and
2406	measurement of the quality and adequacy thereof.
2407	(g)  The preparation and annual update of a comprehensive
2408	emergency management plan. The agency shall adopt rules
2409	establishing minimum criteria for the plan after consultation
2410	with the Department of Community Affairs. At a minimum, the
2411	rules must provide for plan components that address emergency
2412	evacuation transportation; adequate sheltering arrangements;
2413	postdisaster activities, including emergency power, food, and
2414	water; postdisaster transportation; supplies; staffing;
2415	emergency equipment; individual identification of residents and
2416	transfer of records; and responding to family inquiries. The
2417	comprehensive emergency management plan is subject to review and
2418	approval by the local emergency management agency. During its
2419	review, the local emergency management agency shall ensure that
2420	the following agencies, at a minimum, are given the opportunity
2421	to review the plan: the Department of Elderly Affairs, the
2422	Agency for Persons with Disabilities Department of Children and
2423	Family Services, the Agency for Health Care Administration, and
2424	the Department of Community Affairs. Also, appropriate volunteer
2425	organizations must be given the opportunity to review the plan.
2426	The local emergency management agency shall complete its review
2427	within 60 days and either approve the plan or advise the
2428	facility of necessary revisions.
2429	(h)  Each licensee shall post its license in a prominent
2430	place that is in clear and unobstructed public view at or near
2431	the place where residents are being admitted to the facility.
2432	Section 36.  Section 402.20, Florida Statutes, is amended
2433	to read:
2434	402.20  County contracts authorized for services and
2435	facilities for persons with in mental illness or developmental
2436	disabilities health and retardation areas.--The boards of county
2437	commissioners are authorized to provide monetary grants and
2438	facilities, and to enter into renewable contracts, for services
2439	and facilities, for a period not to exceed 2 years, with public
2440	and private hospitals, clinics, and laboratories; other state
2441	agencies, departments, or divisions; the state colleges and
2442	universities; the community colleges; private colleges and
2443	universities; counties; municipalities; towns; townships; and
2444	any other governmental unit or nonprofit organization which
2445	provides needed facilities for persons with mental illness or
2446	developmental disabilities the mentally ill or retarded. These
2447	services are hereby declared to be for a public and county
2448	purpose. The county commissioners may make periodic inspections
2449	to assure that the services or facilities provided under this
2450	chapter meet the standards of the Department of Children and
2451	Family Services and the Agency for Persons with Disabilities.
2452	Section 37.  Subsections (1) through (6) of section 402.22,
2453	Florida Statutes, are amended to read:
2454	402.22  Education program for students who reside in
2455	residential care facilities operated by the Department of
2456	Children and Family Services.--
2457	(1)(a)  The Legislature recognizes that the Department of
2458	Children and Family Services and the Agency for Persons with
2459	Disabilities have under their has under its residential care
2460	students with critical problems of physical impairment,
2461	emotional disturbance, mental impairment, and learning
2462	impairment.
2463	(b)  The Legislature recognizes the vital role of education
2464	in the rehabilitation of such students. It is the intent of the
2465	Legislature that all such students benefit from educational
2466	services and receive such services.
2467	(c)  It is the intent of the Legislature that educational
2468	services be coordinated with appropriate and existing diagnostic
2469	and evaluative, social, followup, and other therapeutic services
2470	of the department and the agency of Children and Family Services
2471	so that the effect of the total rehabilitation process is
2472	maximized.
2473	(d)  It is the intent of the Legislature that, as
2474	educational programs for students in residential care facilities
2475	are implemented by the district school board, educational
2476	personnel in the Department of Children and Family Services
2477	residential care facilities who meet the qualifications for
2478	employees of the district school board be employed by the
2479	district school board.
2480	(2)  District school boards shall establish educational
2481	programs for all students ages 5 through 18 under the
2482	residential care of the Department of Children and Family
2483	Services and the Agency for Persons with Disabilities and may
2484	provide for students below age 3 as provided for in s.
2485	1003.21(1)(e). Funding of such programs shall be pursuant to s.
2486	1011.62.
2487	(3)  Notwithstanding any provisions of chapters 39, 393,
2488	394, and 397 to the contrary, the services of the Department of
2489	Children and Family Services and the Agency for Persons with
2490	Disabilities, and those of the Department of Education and
2491	district school boards shall be mutually supportive and
2492	complementary of each other. The education programs provided by
2493	the district school board shall meet the standards prescribed by
2494	the State Board of Education and the district school board.
2495	Decisions regarding the design and delivery of department or
2496	agency of Children and Family Services treatment or habilitative
2497	services shall be made by interdisciplinary teams of
2498	professional and paraprofessional staff of which appropriate
2499	district school system administrative and instructional
2500	personnel shall be invited to be participating members. The
2501	requirements for maintenance of confidentiality as prescribed in
2502	chapters 39, 393, 394, and 397 shall be applied to information
2503	used by such interdisciplinary teams, and such information shall
2504	be exempt from the provisions of ss. 119.07(1) and 286.011.
2505	(4)  Students age 18 and under who are under the
2506	residential care of the Department of Children and Family
2507	Services or the Agency for Persons with Disabilities and who
2508	receive an education program shall be calculated as full-time
2509	equivalent student membership in the appropriate cost factor as
2510	provided for in s. 1011.62(1)(c). Residential care facilities of
2511	the Department of Children and Family Services shall include,
2512	but not be limited to, developmental disabilities services
2513	institutions and state mental health facilities. All students
2514	shall receive their education program from the district school
2515	system, and funding shall be allocated through the Florida
2516	Education Finance Program for the district school system.
2517	(5)  Instructional and special educational services which
2518	are provided to mental health and retardation clients with
2519	mental illness or developmental disabilities of in the
2520	Department of Children and Family Services or the Agency for
2521	Persons with Disabilities in residential care facilities by
2522	local school districts shall not be less than 180 days or 900
2523	hours; however, the 900 hours may be distributed over a 12-month
2524	period, unless otherwise stated in rules developed by the State
2525	Board of Education with the concurrence of the department or the
2526	agency and adopted of Children and Family Services promulgated
2527	pursuant to subsection (6).
2528	(6)  The State Board of Education, and the Department of
2529	Children and Family Services, and the Agency for Persons with
2530	Disabilities shall have the authority to adopt promulgate rules
2531	which shall assist in the orderly transfer of the instruction of
2532	students from department or agency of Children and Family
2533	Services residential care facilities to the district school
2534	system or to the public education agency and which shall assist
2535	in implementing the specific intent as stated in this act.
2536	Section 38.  Paragraph (s) of subsection (3) of section
2537	408.036, Florida Statutes, is amended to read:
2538	408.036  Projects subject to review; exemptions.--
2539	(3)  EXEMPTIONS.--Upon request, the following projects are
2540	subject to exemption from the provisions of subsection (1):
2541	(s)  For beds in state developmental disabilities services
2542	institutions as defined in s. 393.063.
2543	Section 39.  Paragraph (a) of subsection (2) and subsection
2544	(8) of section 409.908, Florida Statutes, are amended to read:
2545	409.908  Reimbursement of Medicaid providers.--Subject to
2546	specific appropriations, the agency shall reimburse Medicaid
2547	providers, in accordance with state and federal law, according
2548	to methodologies set forth in the rules of the agency and in
2549	policy manuals and handbooks incorporated by reference therein.
2550	These methodologies may include fee schedules, reimbursement
2551	methods based on cost reporting, negotiated fees, competitive
2552	bidding pursuant to s. 287.057, and other mechanisms the agency
2553	considers efficient and effective for purchasing services or
2554	goods on behalf of recipients. If a provider is reimbursed based
2555	on cost reporting and submits a cost report late and that cost
2556	report would have been used to set a lower reimbursement rate
2557	for a rate semester, then the provider's rate for that semester
2558	shall be retroactively calculated using the new cost report, and
2559	full payment at the recalculated rate shall be effected
2560	retroactively. Medicare-granted extensions for filing cost
2561	reports, if applicable, shall also apply to Medicaid cost
2562	reports. Payment for Medicaid compensable services made on
2563	behalf of Medicaid eligible persons is subject to the
2564	availability of moneys and any limitations or directions
2565	provided for in the General Appropriations Act or chapter 216.
2566	Further, nothing in this section shall be construed to prevent
2567	or limit the agency from adjusting fees, reimbursement rates,
2568	lengths of stay, number of visits, or number of services, or
2569	making any other adjustments necessary to comply with the
2570	availability of moneys and any limitations or directions
2571	provided for in the General Appropriations Act, provided the
2572	adjustment is consistent with legislative intent.
2573	(2)(a)1.  Reimbursement to nursing homes licensed under
2574	part II of chapter 400 and state-owned-and-operated intermediate
2575	care facilities for the developmentally disabled licensed under
2576	part XI of chapter 400 chapter 393 must be made prospectively.
2577	2.  Unless otherwise limited or directed in the General
2578	Appropriations Act, reimbursement to hospitals licensed under
2579	part I of chapter 395 for the provision of swing-bed nursing
2580	home services must be made on the basis of the average statewide
2581	nursing home payment, and reimbursement to a hospital licensed
2582	under part I of chapter 395 for the provision of skilled nursing
2583	services must be made on the basis of the average nursing home
2584	payment for those services in the county in which the hospital
2585	is located. When a hospital is located in a county that does not
2586	have any community nursing homes, reimbursement shall must be
2587	determined by averaging the nursing home payments, in counties
2588	that surround the county in which the hospital is located.
2589	Reimbursement to hospitals, including Medicaid payment of
2590	Medicare copayments, for skilled nursing services shall be
2591	limited to 30 days, unless a prior authorization has been
2592	obtained from the agency. Medicaid reimbursement may be extended
2593	by the agency beyond 30 days, and approval must be based upon
2594	verification by the patient's physician that the patient
2595	requires short-term rehabilitative and recuperative services
2596	only, in which case an extension of no more than 15 days may be
2597	approved. Reimbursement to a hospital licensed under part I of
2598	chapter 395 for the temporary provision of skilled nursing
2599	services to nursing home residents who have been displaced as
2600	the result of a natural disaster or other emergency may not
2601	exceed the average county nursing home payment for those
2602	services in the county in which the hospital is located and is
2603	limited to the period of time which the agency considers
2604	necessary for continued placement of the nursing home residents
2605	in the hospital.
2606	(8)  A provider of home-based or community-based services
2607	rendered pursuant to a federally approved waiver shall be
2608	reimbursed based on an established or negotiated rate for each
2609	service. These rates shall be established according to an
2610	analysis of the expenditure history and prospective budget
2611	developed by each contract provider participating in the waiver
2612	program, or under any other methodology adopted by the agency
2613	and approved by the Federal Government in accordance with the
2614	waiver. Effective July 1, 1996, Privately owned and operated
2615	community-based residential facilities which meet agency
2616	requirements and which formerly received Medicaid reimbursement
2617	for the optional intermediate care facility for the mentally
2618	retarded service may participate in the developmental services
2619	waiver as part of a home-and-community-based continuum of care
2620	for Medicaid recipients who receive waiver services.
2621	Section 40.  Subsection (3) of section 409.9127, Florida
2622	Statutes, is amended to read:
2623	409.9127  Preauthorization and concurrent utilization
2624	review; conflict-of-interest standards.--
2625	(3)  The agency shall help the Agency for Persons with
2626	Disabilities Department of Children and Family Services meet the
2627	requirements of s. 393.065(4). Only admissions approved pursuant
2628	to such assessments are eligible for reimbursement under this
2629	chapter.
2630	Section 41.  Paragraph (c) of subsection (2) and subsection
2631	(5) of section 411.224, Florida Statutes, are amended to read:
2632	411.224  Family support planning process.--The Legislature
2633	establishes a family support planning process to be used by the
2634	Department of Children and Family Services as the service
2635	planning process for targeted individuals, children, and
2636	families under its purview.
2637	(2)  To the extent possible within existing resources, the
2638	following populations must be included in the family support
2639	planning process:
2640	(c)  Children from birth through age 5 who are served by
2641	the Agency for Persons with Disabilities Developmental
2642	Disabilities Program Office of the Department of Children and
2643	Family Services.
2644	(5)  There must be only a single-family support plan to
2645	address the problems of the various family members unless the
2646	family requests that an individual family support plan be
2647	developed for different members of that family. The family
2648	support plan must replace individual habilitation plans for
2649	children from birth through 5 years old who are served by the
2650	Agency for Persons with Disabilities Developmental Disabilities
2651	Program Office of the Department of Children and Family
2652	Services. To the extent possible, the family support plan must
2653	replace other case-planning forms used by the Department of
2654	Children and Family Services.
2655	Section 42.  Subsections (1) and (10) of section 415.1055,
2656	Florida Statutes, are amended to read:
2657	415.1055  Notification to administrative entities.--
2658	(1)  Upon receipt of a report that alleges that an employee
2659	or agent of the department, the Agency for Persons with
2660	Disabilities, or the Department of Elderly Affairs, acting in an
2661	official capacity, has committed an act of abuse, neglect, or
2662	exploitation, the department shall notify the state attorney in
2663	whose circuit the abuse, neglect, or exploitation occurred. This
2664	notification may be oral or written.
2665	(10)  When a report has been received and the department
2666	has reason to believe that a vulnerable adult resident of a
2667	facility licensed by the Agency for Health Care Administration
2668	or the Agency for Persons with Disabilities has been the victim
2669	of abuse, neglect, or exploitation, the department shall provide
2670	a copy of its investigation to the appropriate agency. If the
2671	investigation determines that a health professional licensed or
2672	certified under the Department of Health may have abused,
2673	neglected, or exploited a vulnerable adult, the department shall
2674	also provide a copy to the Department of Health.
2675	Section 43.  Paragraphs (a) and (h) of subsection (3) of
2676	section 415.107, Florida Statutes, are amended to read:
2677	415.107  Confidentiality of reports and records.--
2678	(3)  Access to all records, excluding the name of the
2679	reporter which shall be released only as provided in subsection
2680	(6), shall be granted only to the following persons, officials,
2681	and agencies:
2682	(a)  Employees or agents of the department, the Agency for
2683	Persons with Disabilities, of the Agency for Health Care
2684	Administration, or of the Department of Elderly Affairs who are
2685	responsible for carrying out protective investigations, ongoing
2686	protective services, or licensure or approval of nursing homes,
2687	assisted living facilities, adult day care centers, adult
2688	family-care homes, home care for the elderly, hospices, or other
2689	facilities used for the placement of vulnerable adults.
2690	(h)  Any appropriate official of the department, the Agency
2691	for Persons with Disabilities, of the Agency for Health Care
2692	Administration, or of the Department of Elderly Affairs who is
2693	responsible for:
2694	1.  Administration or supervision of the programs for the
2695	prevention, investigation, or treatment of abuse, neglect, or
2696	exploitation of vulnerable adults when carrying out an official
2697	function; or
2698	2.  Taking appropriate administrative action concerning an
2699	employee alleged to have perpetrated abuse, neglect, or
2700	exploitation of a vulnerable adult in an institution.
2701	Section 44.  Subsections (1), (2), (3), and (6) of section
2702	419.001, Florida Statutes, are amended to read:
2703	419.001  Site selection of community residential homes.--
2704	(1)  For the purposes of this section, the term following
2705	definitions shall apply:
2706	(a)  "Agency" means the Agency for Persons with
2707	Disabilities.
2708	(b)(a)  "Community residential home" means a dwelling unit
2709	licensed to serve clients of the Department of Children and
2710	Family Services or the agency, which provides a living
2711	environment for 7 to 14 unrelated residents who operate as the
2712	functional equivalent of a family, including such supervision
2713	and care by supportive staff as may be necessary to meet the
2714	physical, emotional, and social needs of the residents.
2715	(c)(b)  "Department" means the Department of Children and
2716	Family Services.
2717	(d)(c)  "Local government" means a county as set forth in
2718	chapter 7 or a municipality incorporated under the provisions of
2719	chapter 165.
2720	(e)(d)  "Resident" means any of the following: a frail
2721	elder as defined in s. 400.618; a physically disabled or
2722	handicapped person as defined in s. 760.22(7)(a); a
2723	developmentally disabled person with a developmental disability
2724	as defined in s. 393.063; a nondangerous person with mental
2725	illness mentally ill person as defined in s. 394.455(18); or a
2726	child as defined in s. 39.01(14), s. 984.03(9) or (12), or s.
2727	985.03(8).
2728	(f)(e)  "Sponsoring agency" means an agency or unit of
2729	government, a profit or nonprofit agency, or any other person or
2730	organization which intends to establish or operate a community
2731	residential home.
2732	(2)  Homes of six or fewer residents which otherwise meet
2733	the definition of a community residential home shall be deemed a
2734	single-family unit and a noncommercial, residential use for the
2735	purpose of local laws and ordinances. Homes of six or fewer
2736	residents which otherwise meet the definition of a community
2737	residential home shall be allowed in single-family or
2738	multifamily zoning without approval by the local government,
2739	provided that such homes shall not be located within a radius of
2740	1,000 feet of another existing such home with six or fewer
2741	residents. Such homes with six or fewer residents shall not be
2742	required to comply with the notification provisions of this
2743	section; provided, however, that the sponsoring agency or the
2744	department notifies the local government at the time of home
2745	occupancy that the home is licensed by the department or the
2746	agency.
2747	(3)(a)  When a site for a community residential home has
2748	been selected by a sponsoring agency in an area zoned for
2749	multifamily, the sponsoring agency shall notify the chief
2750	executive officer of the local government in writing and include
2751	in such notice the specific address of the site, the residential
2752	licensing category, the number of residents, and the community
2753	support requirements of the program. Such notice shall also
2754	contain a statement from the district administrator of the
2755	department indicating the need for and the licensing status of
2756	the proposed community residential home and specifying how the
2757	home meets applicable licensing criteria for the safe care and
2758	supervision of the clients in the home. The department and the
2759	agency district administrator shall also provide to the local
2760	government the most recently published data compiled that
2761	identifies all community residential homes in the department
2762	district in which the proposed site is to be located. The local
2763	government shall review the notification of the sponsoring
2764	agency in accordance with the zoning ordinance of the
2765	jurisdiction.
2766	(b)  Pursuant to such review, the local government may:
2767	1.  Determine that the siting of the community residential
2768	home is in accordance with local zoning and approve the siting.
2769	If the siting is approved, the sponsoring agency may establish
2770	the home at the site selected.
2771	2.  Fail to respond within 60 days. If the local government
2772	fails to respond within such time, the sponsoring agency may
2773	establish the home at the site selected.
2774	3.  Deny the siting of the home.
2775	(c)  The local government shall not deny the siting of a
2776	community residential home unless the local government
2777	establishes that the siting of the home at the site selected:
2778	1.  Does not otherwise conform to existing zoning
2779	regulations applicable to other multifamily uses in the area.
2780	2.  Does not meet applicable licensing criteria established
2781	and determined by the department or the agency, including
2782	requirements that the home be located to assure the safe care
2783	and supervision of all clients in the home.
2784	3.  Would result in such a concentration of community
2785	residential homes in the area in proximity to the site selected,
2786	or would result in a combination of such homes with other
2787	residences in the community, such that the nature and character
2788	of the area would be substantially altered. A home that is
2789	located within a radius of 1,200 feet of another existing
2790	community residential home in a multifamily zone shall be an
2791	overconcentration of such homes that substantially alters the
2792	nature and character of the area. A home that is located within
2793	a radius of 500 feet of an area of single-family zoning
2794	substantially alters the nature and character of the area.
2795	(6)  The department or the agency shall not issue a license
2796	to a sponsoring agency for operation of a community residential
2797	home if the sponsoring agency does not notify the local
2798	government of its intention to establish a program, as required
2799	by subsection (3). A license issued without compliance with the
2800	provisions of this section shall be considered null and void,
2801	and continued operation of the home may be enjoined.
2802	Section 45.  Paragraph (a) of subsection (3) of section
2803	435.03, Florida Statutes, is amended to read:
2804	435.03  Level 1 screening standards.--
2805	(3)  Standards must also ensure that the person:
2806	(a)  For employees and employers licensed or registered
2807	pursuant to chapter 400, and for employees and employers of
2808	developmental disabilities services institutions as defined in
2809	s. 393.063, intermediate care facilities for persons with
2810	developmental disabilities the developmentally disabled as
2811	defined in s. 400.960 393.063, and mental health treatment
2812	facilities as defined in s. 394.455, meets the requirements of
2813	this chapter.
2814	Section 46.  Paragraph (a) of subsection (2) of section
2815	490.014, Florida Statutes, is amended to read:
2816	490.014  Exemptions.--
2817	(2)  No person shall be required to be licensed or
2818	provisionally licensed under this chapter who:
2819	(a)  Is a salaried employee of a government agency;
2820	developmental services program, mental health, alcohol, or drug
2821	abuse facility operating pursuant to chapter 393, chapter 394,
2822	or chapter 397; subsidized child care program, subsidized child
2823	care case management program, or child care resource and
2824	referral program operating pursuant to chapter 402; child-
2825	placing or child-caring agency licensed pursuant to chapter 409;
2826	domestic violence center certified pursuant to chapter 39;
2827	accredited academic institution; or research institution, if
2828	such employee is performing duties for which he or she was
2829	trained and hired solely within the confines of such agency,
2830	facility, or institution, so long as the employee is not held
2831	out to the public as a psychologist pursuant to s.
2832	490.012(1)(a).
2833	Section 47.  Paragraph (a) of subsection (4) of section
2834	491.014, Florida Statutes, is amended to read:
2835	491.014  Exemptions.--
2836	(4)  No person shall be required to be licensed,
2837	provisionally licensed, registered, or certified under this
2838	chapter who:
2839	(a)  Is a salaried employee of a government agency;
2840	developmental services program, mental health, alcohol, or drug
2841	abuse facility operating pursuant to chapter 393, chapter 394,
2842	or chapter 397; subsidized child care program, subsidized child
2843	care case management program, or child care resource and
2844	referral program operating pursuant to chapter 402; child-
2845	placing or child-caring agency licensed pursuant to chapter 409;
2846	domestic violence center certified pursuant to chapter 39;
2847	accredited academic institution; or research institution, if
2848	such employee is performing duties for which he or she was
2849	trained and hired solely within the confines of such agency,
2850	facility, or institution, so long as the employee is not held
2851	out to the public as a clinical social worker, mental health
2852	counselor, or marriage and family therapist.
2853	Section 48.  Paragraph (a) of subsection (1) of section
2854	916.107, Florida Statutes, is amended to read:
2855	916.107  Rights of forensic clients.--
2856	(1)  RIGHT TO INDIVIDUAL DIGNITY.--
2857	(a)  The policy of the state is that the individual dignity
2858	of the client shall be respected at all times and upon all
2859	occasions, including any occasion when the forensic client is
2860	detained, transported, or treated. Defendants who are mentally
2861	ill, retarded, or autistic and who are charged with committing
2862	felonies shall receive appropriate treatment or training. In a
2863	criminal case involving a defendant who has been adjudicated
2864	incompetent to proceed or not guilty by reason of insanity, a
2865	jail may be used as an emergency facility for up to 15 days from
2866	the date the department receives a completed copy of the
2867	commitment order containing the documentation required by Rules
2868	3.212 and 3.217, Florida Rules of Criminal Procedure. For a
2869	defendant who is mentally ill, retarded, or autistic, who is
2870	held in a jail, and who has been adjudicated incompetent to
2871	proceed or not guilty by reason of insanity, evaluation and
2872	treatment or training shall be provided in the jail by the local
2873	public receiving facility for mental health services or by the
2874	Agency for Persons with Disabilities developmental services
2875	program for persons with retardation or autism, the client's
2876	physician or psychologist, or any other appropriate program
2877	until the client is transferred to the custody of the
2878	department.
2879	Section 49.  Subsections (2) and (4) of section 916.301,
2880	Florida Statutes, are amended to read:
2881	916.301  Appointment of experts.--
2882	(2)  If a defendant's suspected mental condition is
2883	retardation or autism, the court shall appoint two experts, one
2884	of whom must be the Agency for Persons with Disabilities
2885	developmental services program of the department, each of whom
2886	will evaluate whether the defendant meets the definition of
2887	retardation or autism and, if so, whether the defendant is
2888	competent to proceed.
2889	(4)  The Agency for Persons with Disabilities developmental
2890	services program shall select a psychologist who is licensed or
2891	authorized by law to practice in this state, with experience in
2892	evaluating persons suspected of having retardation or autism,
2893	and a social service professional with experience in working
2894	with persons with retardation or autism to evaluate the
2895	defendant.
2896	(a)  The psychologist shall evaluate whether the defendant
2897	meets the definition of retardation or autism and, if so,
2898	whether the defendant is incompetent to proceed due to
2899	retardation or autism.
2900	(b)  The social service professional shall provide a social
2901	and developmental history of the defendant.
2902	Section 50.  Subsection (3) of section 916.3025, Florida
2903	Statutes, is amended to read:
2904	916.3025  Jurisdiction of committing court.--
2905	(3)  The committing court shall consider the petition to
2906	involuntarily admit to residential services provided by the
2907	Agency for Persons with Disabilities department's developmental
2908	services program a person whose charges have been dismissed,
2909	and, when applicable, to continue secure placement of such
2910	person as provided in s. 916.303. The committing court shall
2911	retain jurisdiction over such person so long as he or she
2912	remains in secure placement or is on conditional release.
2913	Section 51.  Section 944.602, Florida Statutes, is amended
2914	to read:
2915	944.602  Agency notification of Department of Children and
2916	Family Services before release of mentally retarded
2917	inmates.--Before the release by parole, release by reason of
2918	gain-time allowances provided for in s. 944.291, or expiration
2919	of sentence of any inmate who has been diagnosed as mentally
2920	retarded as defined in s. 393.063, the Department of Corrections
2921	shall notify the Agency for Persons with Disabilities Department
2922	of Children and Family Services in order that sufficient time be
2923	allowed to notify the inmate or the inmate's representative, in
2924	writing, at least 7 days prior to the inmate's release, of
2925	available community services.
2926	Section 52.  Subsections (2) and (3) of section 945.025,
2927	Florida Statutes, are amended to read:
2928	945.025  Jurisdiction of department.--
2929	(2)  In establishing, operating, and utilizing these
2930	facilities, the department shall attempt, whenever possible, to
2931	avoid the placement of nondangerous offenders who have potential
2932	for rehabilitation with repeat offenders or dangerous offenders.
2933	Medical, mental, and psychological problems shall be diagnosed
2934	and treated whenever possible. The Department of Children and
2935	Family Services and the Agency for Persons with Disabilities
2936	shall cooperate to ensure the delivery of services to persons
2937	under the custody or supervision of the department. When it is
2938	the intent of the department to transfer a mentally ill or
2939	retarded prisoner to the Department of Children and Family
2940	Services or the Agency for Persons with Disabilities, an
2941	involuntary commitment hearing shall be held according to the
2942	provisions of chapter 393 or chapter 394.
2943	(3)  There shall be other correctional facilities,
2944	including detention facilities of varying levels of security,
2945	work-release facilities, and community correctional facilities,
2946	halfway houses, and other approved community residential and
2947	nonresidential facilities and programs; however, no adult
2948	correctional facility may be established by changing the use and
2949	purpose of any mental health facility or mental health
2950	institution under the jurisdiction of any state agency or
2951	department without authorization in the General Appropriation
2952	Act or other approval by the Legislature. Any facility the
2953	purpose and use of which was changed subsequent to January 1,
2954	1975, shall be returned to its original use and purpose by July
2955	1, 1977. However, the G. Pierce Wood Memorial Hospital located
2956	at Arcadia, DeSoto County, may not be converted into a
2957	correctional facility as long as such hospital is in use as a
2958	state mental health hospital. Any community residential facility
2959	may be deemed a part of the state correctional system for
2960	purposes of maintaining custody of offenders, and for this
2961	purpose the department may contract for and purchase the
2962	services of such facilities.
2963	Section 53.  Section 947.185, Florida Statutes, is amended
2964	to read:
2965	947.185  Application for mental retardation services as
2966	condition of parole.--The Parole Commission may require as a
2967	condition of parole that any inmate who has been diagnosed as
2968	mentally retarded as defined in s. 393.063 shall, upon release,
2969	apply for retardation services from the Agency for Persons with
2970	Disabilities Department of Children and Family Services.
2971	Section 54.  Subsection (3) of section 984.19, Florida
2972	Statutes, is amended to read:
2973	984.19  Medical screening and treatment of child;
2974	examination of parent, guardian, or person requesting custody.--
2975	(3)  A judge may order that a child alleged to be or
2976	adjudicated a child in need of services be examined by a
2977	licensed health care professional. The judge may also order such
2978	child to be evaluated by a psychiatrist or a psychologist, by a
2979	district school board educational needs assessment team, or, if
2980	a developmental disability is suspected or alleged, by a the
2981	developmental disability diagnostic and evaluation team with of
2982	the Agency for Persons with Disabilities Department of Children
2983	and Family Services. The judge may order a family assessment if
2984	that assessment was not completed at an earlier time. If it is
2985	necessary to place a child in a residential facility for such
2986	evaluation, then the criteria and procedure established in s.
2987	394.463(2) or chapter 393 shall be used, whichever is
2988	applicable. The educational needs assessment provided by the
2989	district school board educational needs assessment team shall
2990	include, but not be limited to, reports of intelligence and
2991	achievement tests, screening for learning disabilities and other
2992	handicaps, and screening for the need for alternative education
2993	pursuant to s. 1003.53.
2994	Section 55.  Subsection (8) of section 984.225, Florida
2995	Statutes, is amended to read:
2996	984.225  Powers of disposition; placement in a staff-secure
2997	shelter.--
2998	(8)  If the child requires residential mental health
2999	treatment or residential care for a developmental disability,
3000	the court shall refer the child to the Department of Children
3001	and Family Services or the Agency for Persons with Disabilities,
3002	as appropriate, for the provision of necessary services.
3003	Section 56.  Paragraph (e) of subsection (5) of section
3004	984.226, Florida Statutes, is amended to read:
3005	984.226  Physically secure setting.--
3006	(5)
3007	(e)  If the child requires residential mental health
3008	treatment or residential care for a developmental disability,
3009	the court shall refer the child to the Department of Children
3010	and Family Services or the Agency for Persons with Disabilities,
3011	as appropriate, for the provision of necessary services.
3012	Section 57.  Subsection (1) of section 985.224, Florida
3013	Statutes, is amended to read:
3014	985.224  Medical, psychiatric, psychological, substance
3015	abuse, and educational examination and treatment.--
3016	(1)  After a detention petition or a petition for
3017	delinquency has been filed, the court may order the child named
3018	in the petition to be examined by a physician. The court may
3019	also order the child to be evaluated by a psychiatrist or a
3020	psychologist, by a district school board educational needs
3021	assessment team, or, if a developmental disability is suspected
3022	or alleged, by a the developmental disabilities diagnostic and
3023	evaluation team with of the Agency for Persons with Disabilities
3024	Department of Children and Family Services. If it is necessary
3025	to place a child in a residential facility for such evaluation,
3026	the criteria and procedures established in chapter 393, chapter
3027	394, or chapter 397, whichever is applicable, shall be used.
3028	Section 58.  Section 1003.58, Florida Statutes, is amended
3029	to read:
3030	1003.58  Students in residential care facilities.--Each
3031	district school board shall provide educational programs
3032	according to rules of the State Board of Education to students
3033	who reside in residential care facilities operated by the
3034	Department of Children and Family Services or the Agency for
3035	Persons with Disabilities.
3036	(1)  The district school board shall not be charged any
3037	rent, maintenance, utilities, or overhead on such facilities.
3038	Maintenance, repairs, and remodeling of existing facilities
3039	shall be provided by the Department of Children and Family
3040	Services or the Agency for Persons with Disabilities, as
3041	appropriate.
3042	(2)  If additional facilities are required, the district
3043	school board and the Department of Children and Family Services
3044	or the Agency for Persons with Disabilities, as appropriate,
3045	shall agree on the appropriate site based on the instructional
3046	needs of the students. When the most appropriate site for
3047	instruction is on district school board property, a special
3048	capital outlay request shall be made by the commissioner in
3049	accordance with s. 1013.60. When the most appropriate site is on
3050	state property, state capital outlay funds shall be requested by
3051	the department or agency in accordance with chapter 216 of
3052	Children and Family Services as provided by s. 216.043 and shall
3053	be submitted as specified by s. 216.023. Any instructional
3054	facility to be built on state property shall have educational
3055	specifications jointly developed by the school district and the
3056	department or agency of Children and Family Services and
3057	approved by the Department of Education. The size of space and
3058	occupant design capacity criteria as provided by state board
3059	rules shall be used for remodeling or new construction whether
3060	facilities are provided on state property or district school
3061	board property. The planning of such additional facilities shall
3062	incorporate current state Department of Children and Family
3063	Services deinstitutionalization plans.
3064	(3)  The district school board shall have full and complete
3065	authority in the matter of the assignment and placement of such
3066	students in educational programs. The parent of an exceptional
3067	student shall have the same due process rights as are provided
3068	under s. 1003.57(5).
3069	(4)  The district school board shall have a written
3070	agreement with the Department of Children and Family Services
3071	and the Agency for Persons with Disabilities outlining the
3072	respective duties and responsibilities of each party.
3073
3074	Notwithstanding the provisions herein, the educational program
3075	at the Marianna Sunland Center in Jackson County shall be
3076	operated by the Department of Education, either directly or
3077	through grants or contractual agreements with other public or
3078	duly accredited educational agencies approved by the Department
3079	of Education.
3080	Section 59.  This act shall take effect July 1, 2005.

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