HB 1503

CS

CHAMBER ACTION

1	The Elder & Long-Term Care Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to persons with disabilities; amending s.
7	20.197, F.S.; requiring the director of the Agency for
8	Persons with Disabilities to be subject to confirmation by
9	the Senate; requiring the agency to create a Division of
10	Budget and Planning and a Division of Operations;
11	authorizing the director to recommend creating additional
12	subdivisions of the agency in order to promote efficient
13	and effective operation of the agency; amending s. 39.001,
14	F.S., relating to the development of a comprehensive state
15	plan for children; conforming provisions to the transfer
16	of duties from the Developmental Disabilities Program
17	Office within the Department of Children and Family
18	Services to the Agency for Persons with Disabilities;
19	amending s. 39.202, F.S.; providing for certain employees,
20	agents, and contract providers of the agency to have
21	access to records concerning cases of child abuse or
22	neglect for specified purposes; amending s. 39.407, F.S.;
23	deleting provisions authorizing the treatment of a child
24	under ch. 393, F.S., if the child is alleged to be
25	dependent; amending s. 287.155, F.S.; authorizing the
26	agency to purchase vehicles under certain circumstances;
27	amending ss. 381.0072 and 383.14, F.S., relating to food
28	service licenses and the Genetics and Newborn Screening
29	Advisory Council, respectively; conforming provisions to
30	the transfer of duties from the Developmental Disabilities
31	Program Office within the Department of Children and
32	Family Services to the Agency for Persons with
33	Disabilities; repealing s. 393.061, F.S., relating to a
34	short title; amending s. 393.062, F.S.; revising
35	legislative findings and intent to conform to changes in
36	terminology; amending s. 393.063, F.S.; revising the
37	definitions applicable to ch. 393, F.S., relating to
38	developmental disabilities; amending s. 393.064, F.S.;
39	revising the duties of the Agency for Persons with
40	Disabilities with respect to prevention services,
41	evaluations and assessments, intervention services, and
42	support services; amending s. 393.0641, F.S.; defining the
43	term "severe self-injurious behavior" for purposes of a
44	program of prevention and treatment for individuals
45	exhibiting such behavior; amending s. 393.065, F.S.,
46	relating to application for services and the determination
47	of eligibility for services; providing for children in the
48	child welfare system to be placed at the top of the
49	agency's wait list for waiver services; authorizing the
50	agency to adopt rules; amending s. 393.0651, F.S.,
51	relating to support plans for families and individuals;
52	revising the age at which support plans are developed for
53	children; deleting a prohibition against assessing certain
54	fees; creating s. 393.0654, F.S.; specifying circumstances
55	under which an employee of the agency may own, operate, or
56	work in a private facility under contract with the agency;
57	amending s. 393.0655, F.S.; revising the screening
58	requirements for direct service providers; providing a
59	temporary exemption from screening requirements for
60	certain providers; amending s. 393.0657, F.S.; revising an
61	exemption from certain requirements for refingerprinting
62	and rescreening; amending s. 393.066, F.S.; revising
63	certain requirements for the services provided by the
64	agency; requiring agency approval for purchased services;
65	revising the agency's rulemaking authority; amending s.
66	393.067, F.S.; revising requirements governing the
67	agency's licensure procedures; revising the requirements
68	for background screening of applicants for licensure and
69	managers, supervisors, and staff members of service
70	providers; requiring that the agency adopt rules governing
71	the reporting of incidents; deleting certain
72	responsibilities of the Agency for Health Care
73	Administration with respect to the development and review
74	of emergency management plans; amending s. 393.0673, F.S.;
75	providing circumstances under which the agency may deny,
76	revoke, or suspend a license or impose a fine; requiring
77	the Agency for Persons with Disabilities to adopt rules
78	for evaluating violations and determining the amount of
79	fines; amending s. 393.0674, F.S.; providing a penalty for
80	failure by a provider to comply with background screening
81	requirements; amending s. 393.0675, F.S.; deleting certain
82	obsolete provisions requiring that a provider be of good
83	moral character; amending s. 393.0678, F.S.; deleting
84	provisions governing receivership proceedings for an
85	intermediate care facility for the developmentally
86	disabled; amending s. 393.068, F.S.; requiring that the
87	family care program emphasize self-determination; removing
88	supported employment from the list of services available
89	under the family care program; revising certain
90	requirements for reimbursing a family care program
91	provider; amending s. 393.0695, F.S., relating to in-home
92	subsidies; requiring that the Agency for Persons with
93	Disabilities adopt rules for such subsidies; amending s.
94	393.075, F.S., relating to liability coverage for
95	facilities licensed by the agency; conforming terminology;
96	amending s. 393.11, F.S.; revising provisions governing
97	the involuntary admission of a person to residential
98	services; clarifying provisions governing involuntary
99	commitment; requiring that a person who is charged with a
100	felony will have his or her competency determined under
101	ch. 916, F.S.; conforming terminology; amending s.
102	393.122, F.S.; clarifying requirements governing
103	applications for continued residential services; amending
104	s. 393.13, F.S., relating to the Bill of Rights of Persons
105	Who are Developmentally Disabled; deleting a provision
106	protecting minimum wage compensation for certain programs;
107	limiting the use of restraint and seclusion; requiring the
108	agency to adopt rules governing the use of restraint or
109	seclusion; revising requirements for client records;
110	deleting certain requirements governing local advocacy
111	councils; allowing the resident government to include
112	disability advocates from the community; amending s.
113	393.135, F.S.; revising definitions; clarifying provisions
114	making such misconduct a second-degree felony; amending s.
115	393.15, F.S.; establishing the Community Resources
116	Development Loan Program to provide loans to foster homes,
117	group homes, and supported employment programs; providing
118	legislative intent; providing eligibility requirements;
119	providing authorized uses of loan funds; requiring that
120	the agency adopt rules governing the loan program;
121	providing requirements for repaying loans; amending s.
122	393.17, F.S.; authorizing the agency to establish
123	certification programs for persons providing services to
124	clients; requiring that the agency establish a
125	certification program for behavior analysts; requiring
126	that the program be reviewed and validated; creating s.
127	393.18, F.S.; providing for a comprehensive transition
128	education program for persons who have severe or moderate
129	maladaptive behaviors; specifying the types of treatment
130	and education centers providing services under the
131	program; providing requirements for licensure; requiring
132	individual education plans for persons receiving services;
133	limiting the number of persons who may receive services in
134	such a program; authorizing licensure of certain existing
135	programs; creating s. 393.23, F.S.; requiring that
136	receipts from operating canteens, vending machines, and
137	other like activities in a developmental disabilities
138	institution be deposited in a trust account in a bank,
139	credit union, or savings and loan association; describing
140	how the moneys earned may be expended; allowing for the
141	investment of the funds; requiring that the accounting
142	system at the institution account for the revenues and
143	expenses of the activities; requiring that sales tax
144	moneys be remitted to the Department of Revenue; amending
145	s. 393.501, F.S.; revising the agency's rulemaking
146	authority; providing requirements for rules governing
147	alternative living centers and independent living
148	education centers; amending s. 394.453, F.S.; declaring
149	that the policy of the state is to achieve an ongoing
150	reduction of the use of restraint and seclusion on persons
151	with mental illness who are served by programs and
152	facilities operated, licensed, or monitored by the agency;
153	amending s. 394.455, F.S.; defining the terms "restraint"
154	and "seclusion" for purposes of the Baker Act; amending s.
155	394.457, F.S.; requiring the Department of Children and
156	Family Services to adopt rules for the use of restraint
157	and seclusion for cases handled under the Baker Act;
158	amending s. 394.879, F.S.; requiring that rules be adopted
159	for the use of restraint and seclusion; amending s.
160	397.405, F.S.; clarifying an exemption from licensure
161	provided to certain facilities licensed under ch. 393,
162	F.S.; amending s. 400.419, F.S.; requiring that a list of
163	facilities subject to sanctions or fines be disseminated
164	to the Agency for Persons with Disabilities; amending s.
165	400.960, F.S.; revising definitions for purposes of part
166	XI of ch. 400, F.S., relating to nursing homes and related
167	facilities; amending s. 400.967, F.S., relating to rules
168	and classification of deficiencies; conforming provisions
169	to the transfer of duties from the Department of Children
170	and Family Services to the Agency for Persons with
171	Disabilities; requiring that rules be adopted for the use
172	of restraint and seclusion; amending ss. 402.115, 402.17,
173	402.181, 402.20, 402.22, and 402.33, F.S.; including the
174	Agency for Persons with Disabilities within provisions
175	governing the sharing of information, claims for the care
176	and maintenance of facility residents, county contracts
177	for services for persons with developmental disabilities,
178	education programs for students who reside in state
179	facilities, and fees for services; conforming provisions
180	to changes made by the act; correcting a cross-reference;
181	amending s. 408.036, F.S., relating to projects that are
182	exempt from obtaining a certificate of need; conforming
183	terminology; amending s. 409.221, F.S., relating to the
184	consumer directed care program; conforming provisions to
185	changes made by the act; amending ss. 409.908 and
186	409.9127, F.S., relating to the Medicaid program;
187	conforming a cross-reference; deleting obsolete
188	provisions; amending ss. 411.224 and 411.232, F.S.;
189	conforming provisions to the transfer of duties from the
190	Developmental Disabilities Program Office within the
191	Department of Children and Family Services to the Agency
192	for Persons with Disabilities; amending ss. 415.102,
193	415.1035, 415.1055, and 415.107, F.S.; conforming
194	terminology; including the Agency for Persons with
195	Disabilities within provisions providing requirements that
196	a facility inform residents of certain rights,
197	notification requirements for administrative entities, and
198	requirements for maintaining the confidentiality of
199	reports and records; amending s. 435.03, F.S., relating to
200	screening standards; conforming terminology and a cross-
201	reference; amending ss. 490.014 and 491.014, F.S.,
202	relating to exemptions from licensure for psychologists
203	and certain specified counselors, respectively; conforming
204	provisions to changes made by the act; amending ss.
205	944.602, 945.025, 947.185, 984.19, 984.225, 984.226, and
206	985.224, F.S., relating to the Department of Corrections,
207	the Parole Commission, children in need of services, and
208	petitions alleging delinquency; conforming provisions to
209	the transfer of duties from the Developmental Disabilities
210	Program Office within the Department of Children and
211	Family Services to the Agency for Persons with
212	Disabilities; amending s. 1003.58, F.S.; including
213	facilities operated by the Agency for Persons with
214	Disabilities within provisions governing the residential
215	care of students; amending ss. 17.61 and 400.464, F.S.,
216	relating to the Community Resources Development Trust Fund
217	and home health services for persons with disabilities,
218	respectively; conforming provisions to changes made by the
219	act; amending s. 744.704, F.S.; correcting a cross-
220	reference; amending s. 984.22, F.S.; removing a provision
221	that specifies fines be deposited into the Community
222	Resources Development Trust Fund; providing an effective
223	date.
224
225	Be It Enacted by the Legislature of the State of Florida:
226
227	Section 1.  Section 20.197, Florida Statutes, is amended to
228	read:
229	20.197  Agency for Persons with Disabilities.--There is
230	created the Agency for Persons with Disabilities, housed within
231	the Department of Children and Family Services for
232	administrative purposes only. The agency shall be a separate
233	budget entity not subject to control, supervision, or direction
234	by the Department of Children and Family Services in any manner,
235	including, but not limited to, personnel, purchasing,
236	transactions involving real or personal property, and budgetary
237	matters.
238	(1)  The director of the agency shall be the agency head
239	for all purposes and shall be appointed by the Governor, subject
240	to confirmation by the Senate, and shall serve at the pleasure
241	of the Governor. The director shall administer the affairs of
242	the agency and establish administrative units as needed and may,
243	within available resources, employ assistants, professional
244	staff, and other employees as necessary to discharge the powers
245	and duties of the agency.
246	(2)  The agency shall include a Division of Budget and
247	Planning and a Division of Operations. In addition, and in
248	accordance with s. 20.04, the director of the agency may
249	recommend establishing additional divisions, bureaus, sections,
250	and subsections of the agency in order to promote efficient and
251	effective operation of the agency.
252	(3)(2)  The agency is shall be responsible for providing
253	the provision of all services provided to persons with
254	developmental disabilities under pursuant to chapter 393,
255	including the operation of all state institutional programs and
256	the programmatic management of Medicaid waivers established to
257	provide services to persons with developmental disabilities.
258	(4)(3)  The agency shall engage in such other
259	administrative activities as are deemed necessary to effectively
260	and efficiently address the needs of the agency's clients.
261	(5)(4)  The agency shall enter into an interagency
262	agreement that delineates the responsibilities of the Agency for
263	Health Care Administration for the following:
264	(a)  The terms and execution of contracts with Medicaid
265	providers for the provision of services provided through
266	Medicaid, including federally approved waiver programs.
267	(b)  The billing, payment, and reconciliation of claims for
268	Medicaid services reimbursed by the agency.
269	(c)  The implementation of utilization management measures,
270	including the prior authorization of services plans and the
271	streamlining and consolidation of waivers services, to ensure
272	the cost-effective provision of needed Medicaid services and to
273	maximize the number of persons with access to such services.
274	(d)  A system of approving each client's plan of care to
275	ensure that the services on the plan of care are those that
276	without which the client would require the services of an
277	intermediate care facility for the developmentally disabled.
278	Section 2.  Paragraph (b) of subsection (7) of section
279	39.001, Florida Statutes, is amended to read:
280	39.001  Purposes and intent; personnel standards and
281	screening.--
282	(7)  PLAN FOR COMPREHENSIVE APPROACH.--
283	(b)  The development of the comprehensive state plan shall
284	be accomplished in the following manner:
285	1.  The department shall establish an interprogram task
286	force comprised of the Program Director for Family Safety, or a
287	designee, a representative from the Child Care Services Program
288	Office, a representative from the Family Safety Program Office,
289	a representative from the Mental Health Program Office, a
290	representative from the Substance Abuse Program Office, a
291	representative from the Agency for Persons with Disabilities
292	Developmental Disabilities Program Office, and a representative
293	from the Division of Children's Medical Services Network
294	Prevention and Intervention of the Department of Health.
295	Representatives of the Department of Law Enforcement and of the
296	Department of Education shall serve as ex officio members of the
297	interprogram task force. The interprogram task force shall be
298	responsible for:
299	a.  Developing a plan of action for better coordination and
300	integration of the goals, activities, and funding pertaining to
301	the prevention of child abuse, abandonment, and neglect
302	conducted by the department in order to maximize staff and
303	resources at the state level. The plan of action shall be
304	included in the state plan.
305	b.  Providing a basic format to be utilized by the
306	districts in the preparation of local plans of action in order
307	to provide for uniformity in the district plans and to provide
308	for greater ease in compiling information for the state plan.
309	c.  Providing the districts with technical assistance in
310	the development of local plans of action, if requested.
311	d.  Examining the local plans to determine if all the
312	requirements of the local plans have been met and, if they have
313	not, informing the districts of the deficiencies and requesting
314	the additional information needed.
315	e.  Preparing the state plan for submission to the
316	Legislature and the Governor. Such preparation shall include the
317	collapsing of information obtained from the local plans, the
318	cooperative plans with the Department of Education, and the plan
319	of action for coordination and integration of departmental
320	activities into one comprehensive plan. The comprehensive plan
321	shall include a section reflecting general conditions and needs,
322	an analysis of variations based on population or geographic
323	areas, identified problems, and recommendations for change. In
324	essence, the plan shall provide an analysis and summary of each
325	element of the local plans to provide a statewide perspective.
326	The plan shall also include each separate local plan of action.
327	f.  Working with the specified state agency in fulfilling
328	the requirements of subparagraphs 2., 3., 4., and 5.
329	2.  The department, the Department of Education, and the
330	Department of Health shall work together in developing ways to
331	inform and instruct parents of school children and appropriate
332	district school personnel in all school districts in the
333	detection of child abuse, abandonment, and neglect and in the
334	proper action that should be taken in a suspected case of child
335	abuse, abandonment, or neglect, and in caring for a child's
336	needs after a report is made. The plan for accomplishing this
337	end shall be included in the state plan.
338	3.  The department, the Department of Law Enforcement, and
339	the Department of Health shall work together in developing ways
340	to inform and instruct appropriate local law enforcement
341	personnel in the detection of child abuse, abandonment, and
342	neglect and in the proper action that should be taken in a
343	suspected case of child abuse, abandonment, or neglect.
344	4.  Within existing appropriations, the department shall
345	work with other appropriate public and private agencies to
346	emphasize efforts to educate the general public about the
347	problem of and ways to detect child abuse, abandonment, and
348	neglect and in the proper action that should be taken in a
349	suspected case of child abuse, abandonment, or neglect. The plan
350	for accomplishing this end shall be included in the state plan.
351	5.  The department, the Department of Education, and the
352	Department of Health shall work together on the enhancement or
353	adaptation of curriculum materials to assist instructional
354	personnel in providing instruction through a multidisciplinary
355	approach on the identification, intervention, and prevention of
356	child abuse, abandonment, and neglect. The curriculum materials
357	shall be geared toward a sequential program of instruction at
358	the four progressional levels, K-3, 4-6, 7-9, and 10-12.
359	Strategies for encouraging all school districts to utilize the
360	curriculum are to be included in the comprehensive state plan
361	for the prevention of child abuse, abandonment, and neglect.
362	6.  Each district of the department shall develop a plan
363	for its specific geographical area. The plan developed at the
364	district level shall be submitted to the interprogram task force
365	for utilization in preparing the state plan. The district local
366	plan of action shall be prepared with the involvement and
367	assistance of the local agencies and organizations listed in
368	paragraph (a), as well as representatives from those
369	departmental district offices participating in the treatment and
370	prevention of child abuse, abandonment, and neglect. In order to
371	accomplish this, the district administrator in each district
372	shall establish a task force on the prevention of child abuse,
373	abandonment, and neglect. The district administrator shall
374	appoint the members of the task force in accordance with the
375	membership requirements of this section. In addition, the
376	district administrator shall ensure that each subdistrict is
377	represented on the task force; and, if the district does not
378	have subdistricts, the district administrator shall ensure that
379	both urban and rural areas are represented on the task force.
380	The task force shall develop a written statement clearly
381	identifying its operating procedures, purpose, overall
382	responsibilities, and method of meeting responsibilities. The
383	district plan of action to be prepared by the task force shall
384	include, but shall not be limited to:
385	a.  Documentation of the magnitude of the problems of child
386	abuse, including sexual abuse, physical abuse, and emotional
387	abuse, and child abandonment and neglect in its geographical
388	area.
389	b.  A description of programs currently serving abused,
390	abandoned, and neglected children and their families and a
391	description of programs for the prevention of child abuse,
392	abandonment, and neglect, including information on the impact,
393	cost-effectiveness, and sources of funding of such programs.
394	c.  A continuum of programs and services necessary for a
395	comprehensive approach to the prevention of all types of child
396	abuse, abandonment, and neglect as well as a brief description
397	of such programs and services.
398	d.  A description, documentation, and priority ranking of
399	local needs related to child abuse, abandonment, and neglect
400	prevention based upon the continuum of programs and services.
401	e.  A plan for steps to be taken in meeting identified
402	needs, including the coordination and integration of services to
403	avoid unnecessary duplication and cost, and for alternative
404	funding strategies for meeting needs through the reallocation of
405	existing resources, utilization of volunteers, contracting with
406	local universities for services, and local government or private
407	agency funding.
408	f.  A description of barriers to the accomplishment of a
409	comprehensive approach to the prevention of child abuse,
410	abandonment, and neglect.
411	g.  Recommendations for changes that can be accomplished
412	only at the state program level or by legislative action.
413	Section 3.  Paragraphs (a) and (h) of subsection (2) of
414	section 39.202, Florida Statutes, are amended to read:
415	39.202  Confidentiality of reports and records in cases of
416	child abuse or neglect.--
417	(2)  Except as provided in subsection (4), access to such
418	records, excluding the name of the reporter which shall be
419	released only as provided in subsection (5), shall be granted
420	only to the following persons, officials, and agencies:
421	(a)  Employees, authorized agents, or contract providers of
422	the department, the Department of Health, the Agency for Persons
423	with Disabilities, or county agencies responsible for carrying
424	out:
425	1.  Child or adult protective investigations;
426	2.  Ongoing child or adult protective services;
427	3.  Healthy Start services; or
428	4.  Licensure or approval of adoptive homes, foster homes,
429	or child care facilities, facilities licensed under chapter 393,
430	or family day care homes or informal child care providers who
431	receive subsidized child care funding, or other homes used to
432	provide for the care and welfare of children.
433	5.  Services for victims of domestic violence when provided
434	by certified domestic violence centers working at the
435	department's request as case consultants or with shared clients.
436
437	Also, employees or agents of the Department of Juvenile Justice
438	responsible for the provision of services to children, pursuant
439	to chapters 984 and 985.
440	(h)  Any appropriate official of the department or the
441	Agency for Persons with Disabilities who is responsible for:
442	1.  Administration or supervision of the department's
443	program for the prevention, investigation, or treatment of child
444	abuse, abandonment, or neglect, or abuse, neglect, or
445	exploitation of a vulnerable adult, when carrying out his or her
446	official function;
447	2.  Taking appropriate administrative action concerning an
448	employee of the department or the agency who is alleged to have
449	perpetrated child abuse, abandonment, or neglect, or abuse,
450	neglect, or exploitation of a vulnerable adult; or
451	3.  Employing and continuing employment of personnel of the
452	department or the agency.
453	Section 4.  Subsection (5) of section 39.407, Florida
454	Statutes, is amended to read:
455	39.407  Medical, psychiatric, and psychological examination
456	and treatment of child; physical or mental examination of parent
457	or person requesting custody of child.--
458	(5)  A judge may order a child in an out-of-home placement
459	to be treated by a licensed health care professional based on
460	evidence that the child should receive treatment. The judge may
461	also order such child to receive mental health or developmental
462	disabilities services from a psychiatrist, psychologist, or
463	other appropriate service provider. Except as provided in
464	subsection (6), if it is necessary to place the child in a
465	residential facility for such services, the procedures and
466	criteria established in s. 394.467 or chapter 393 shall be used,
467	whichever is applicable. A child may be provided developmental
468	disabilities or mental health services in emergency situations,
469	pursuant to the procedures and criteria contained in s.
470	394.463(1) or chapter 393, whichever is applicable.
471	Section 5.  Section 287.155, Florida Statutes, is amended
472	to read:
473	287.155  Motor vehicles; purchase by Division of
474	Universities, Department of Children and Family Services, Agency
475	for Persons with Disabilities, Department of Health, Department
476	of Juvenile Justice, and Department of Corrections.--
477	(1)  The Division of Universities of the Department of
478	Education, the Department of Children and Family Services, the
479	Agency for Persons with Disabilities, the Department of Health,
480	the Department of Juvenile Justice, and the Department of
481	Corrections may are hereby authorized, subject to the approval
482	of the Department of Management Services, to purchase
483	automobiles, trucks, tractors, and other automotive equipment
484	for the use of institutions under the management of the Division
485	of Universities, the Department of Children and Family Services,
486	the Agency for Persons with Disabilities, the Department of
487	Health, and the Department of Corrections, and for the use of
488	residential facilities managed or contracted by the Department
489	of Juvenile Justice.
490	(2)  The Department of Corrections shall, prior to
491	purchasing motor vehicles, seek to procure the motor vehicles
492	from those vehicles renovated pursuant to correctional work
493	programs of the Department of Corrections, and for the use of
494	residential facilities managed or contracted by the Department
495	of Juvenile Justice.
496	(3)  The Department of Health is authorized, subject to the
497	approval of the Department of Management Services, to purchase
498	automobiles, trucks, and other automotive equipment for use by
499	county health departments.
500	Section 6.  Paragraph (a) of subsection (3) of section
501	381.0072, Florida Statutes, is amended to read:
502	381.0072  Food service protection.--It shall be the duty of
503	the Department of Health to adopt and enforce sanitation rules
504	consistent with law to ensure the protection of the public from
505	food-borne illness. These rules shall provide the standards and
506	requirements for the storage, preparation, serving, or display
507	of food in food service establishments as defined in this
508	section and which are not permitted or licensed under chapter
509	500 or chapter 509.
510	(3)  LICENSES REQUIRED.--
511	(a)  Licenses; annual renewals.--Each food service
512	establishment regulated under this section shall obtain a
513	license from the department annually. Food service establishment
514	licenses shall expire annually and are shall not be transferable
515	from one place or individual to another. However, those
516	facilities licensed by the department's Office of Licensure and
517	Certification, the Child Care Services Program Office, or the
518	Agency for Persons with Developmental Disabilities Program
519	Office are exempt from this subsection. It shall be a
520	misdemeanor of the second degree, punishable as provided in s.
521	381.0061, s. 775.082, or s. 775.083, for such an establishment
522	to operate without this license. The department may refuse a
523	license, or a renewal thereof, to any establishment that is not
524	constructed or maintained in accordance with law and with the
525	rules of the department. Annual application for renewal is shall
526	not be required.
527	Section 7.  Subsection (5) of section 383.14, Florida
528	Statutes, is amended to read:
529	383.14  Screening for metabolic disorders, other hereditary
530	and congenital disorders, and environmental risk factors.--
531	(5)  ADVISORY COUNCIL.--There is established a Genetics and
532	Newborn Screening Advisory Council made up of 15 members
533	appointed by the Secretary of Health. The council shall be
534	composed of two consumer members, three practicing
535	pediatricians, at least one of whom must be a pediatric
536	hematologist, one representative from each of the four medical
537	schools in the state, the Secretary of Health or his or her
538	designee, one representative from the Department of Health
539	representing Children's Medical Services, one representative
540	from the Florida Hospital Association, one individual with
541	experience in newborn screening programs, one individual
542	representing audiologists, and one representative from the
543	Agency for Persons with Disabilities Developmental Disabilities
544	Program Office of the Department of Children and Family
545	Services. All appointments shall be for a term of 4 years. The
546	chairperson of the council shall be elected from the membership
547	of the council and shall serve for a period of 2 years. The
548	council shall meet at least semiannually or upon the call of the
549	chairperson. The council may establish ad hoc or temporary
550	technical advisory groups to assist the council with specific
551	topics which come before the council. Council members shall
552	serve without pay. Pursuant to the provisions of s. 112.061, the
553	council members are entitled to be reimbursed for per diem and
554	travel expenses. It is the purpose of the council to advise the
555	department about:
556	(a)  Conditions for which testing should be included under
557	the screening program and the genetics program.
558	(b)  Procedures for collection and transmission of
559	specimens and recording of results.
560	(c)  Methods whereby screening programs and genetics
561	services for children now provided or proposed to be offered in
562	the state may be more effectively evaluated, coordinated, and
563	consolidated.
564	Section 8.  Section 393.061, Florida Statutes, is repealed.
565	Section 9.  Section 393.062, Florida Statutes, is amended
566	to read:
567	393.062  Legislative findings and declaration of
568	intent.--The Legislature finds and declares that existing state
569	programs for the treatment of individuals with developmental
570	disabilities who are developmentally disabled, which often
571	unnecessarily place clients in institutions, are unreasonably
572	costly, are ineffective in bringing the individual client to his
573	or her maximum potential, and are in fact debilitating to many a
574	great majority of clients. A redirection in state treatment
575	programs for individuals with developmental disabilities who are
576	developmentally disabled is necessary if any significant
577	amelioration of the problems faced by such individuals is ever
578	to take place. Such redirection should place primary emphasis on
579	programs that have the potential to prevent or reduce the
580	severity of developmental disabilities. Further, the Legislature
581	declares that greatest priority shall be given to the
582	development and implementation of community-based residential
583	placements, services that, and treatment programs for
584	individuals who are developmentally disabled which will enable
585	such individuals with developmental disabilities to achieve
586	their greatest potential for independent and productive living,
587	which will enable them to live in their own homes or in
588	residences located in their own communities, and which will
589	permit them to be diverted or removed from unnecessary
590	institutional placements. This goal The Legislature finds that
591	the eligibility criteria for intermediate-care facilities for
592	the developmentally disabled which are specified in the Medicaid
593	state plan in effect on the effective date of this act are
594	essential to the system of residential services. The Legislature
595	declares that the goal of this act, to improve the quality of
596	life of all developmentally disabled persons by the development
597	and implementation of community-based residential placements,
598	services, and treatment, cannot be met without ensuring the
599	availability of community residential opportunities for
600	developmentally disabled persons in the residential areas of
601	this state. The Legislature, therefore, declares that all
602	persons with developmental disabilities who live in licensed
603	community homes shall have a family living environment
604	comparable to other Floridians and. The Legislature intends that
605	such residences shall be considered and treated as a functional
606	equivalent of a family unit and not as an institution, business,
607	or boarding home. The Legislature further declares that, in
608	developing community-based programs and services for individuals
609	with developmental disabilities who are developmentally
610	disabled, private businesses, not-for-profit corporations, units
611	of local government, and other organizations capable of
612	providing needed services to clients in a cost-efficient manner
613	shall be given preference in lieu of operation of programs
614	directly by state agencies. Finally, it is the intent of the
615	Legislature that all caretakers unrelated to individuals with
616	developmental disabilities receiving care shall be of good moral
617	character.
618	Section 10.  Section 393.063, Florida Statutes, is amended
619	to read:
620	393.063  Definitions.--For the purposes of this chapter,
621	the term:
622	(1)  "Agency" means the Agency for Persons with
623	Disabilities.
624	(2)  "Adult day training" means training services which
625	take place in a nonresidential setting, separate from the home
626	or facility in which the client resides, are intended to support
627	the participation of clients in daily, meaningful, and valued
628	routines of the community, and may include work-like settings
629	that do not meet the definition of supported employment.
630	(3)(2)  "Autism" means a pervasive, neurologically based
631	developmental disability of extended duration which causes
632	severe learning, communication, and behavior disorders with age
633	of onset during infancy or childhood. Individuals with autism
634	exhibit impairment in reciprocal social interaction, impairment
635	in verbal and nonverbal communication and imaginative ability,
636	and a markedly restricted repertoire of activities and
637	interests.
638	(4)(3)  "Cerebral palsy" means a group of disabling
639	symptoms of extended duration which results from damage to the
640	developing brain that may occur before, during, or after birth
641	and that results in the loss or impairment of control over
642	voluntary muscles. For the purposes of this definition, cerebral
643	palsy does not include those symptoms or impairments resulting
644	solely from a stroke.
645	(5)(4)  "Client" means any person determined eligible by
646	the agency for services under this chapter.
647	(6)(5)  "Client advocate" means a friend or relative of the
648	client, or of the client's immediate family, who advocates for
649	the best interests of the client in any proceedings under this
650	chapter in which the client or his or her family has the right
651	or duty to participate.
652	(7)(6)  "Comprehensive assessment" means the process used
653	to determine eligibility for services under this chapter.
654	(8)(7)  "Comprehensive transitional education program"
655	means the program established in s. 393.18. a group of jointly
656	operating centers or units, the collective purpose of which is
657	to provide a sequential series of educational care, training,
658	treatment, habilitation, and rehabilitation services to persons
659	who have developmental disabilities and who have severe or
660	moderate maladaptive behaviors. However, nothing in this
661	subsection shall require such programs to provide services only
662	to persons with developmental disabilities. All such services
663	shall be temporary in nature and delivered in a structured
664	residential setting with the primary goal of incorporating the
665	normalization principle to establish permanent residence for
666	persons with maladaptive behaviors in facilities not associated
667	with the comprehensive transitional education program. The staff
668	shall include psychologists and teachers who shall be available
669	to provide services in each component center or unit of the
670	program. The psychologists shall be individuals who are licensed
671	in this state and certified as behavior analysts in this state,
672	or individuals who are certified as behavior analysts pursuant
673	to s. 393.17.
674	(a)  Comprehensive transitional education programs shall
675	include a minimum of two component centers or units, one of
676	which shall be either an intensive treatment and educational
677	center or a transitional training and educational center, which
678	provide services to persons with maladaptive behaviors in the
679	following sequential order:
680	1.  Intensive treatment and educational center. This
681	component is a self-contained residential unit providing
682	intensive psychological and educational programming for persons
683	with severe maladaptive behaviors, whose behaviors preclude
684	placement in a less restrictive environment due to the threat of
685	danger or injury to themselves or others.
686	2.  Transitional training and educational center. This
687	component is a residential unit for persons with moderate
688	maladaptive behaviors, providing concentrated psychological and
689	educational programming emphasizing a transition toward a less
690	restrictive environment.
691	3.  Community transition residence. This component is a
692	residential center providing educational programs and such
693	support services, training, and care as are needed to assist
694	persons with maladaptive behaviors to avoid regression to more
695	restrictive environments while preparing them for more
696	independent living. Continuous-shift staff shall be required for
697	this component.
698	4.  Alternative living center. This component is a
699	residential unit providing an educational and family living
700	environment for persons with maladaptive behaviors, in a
701	moderately unrestricted setting. Residential staff shall be
702	required for this component.
703	5.  Independent living education center. This component is
704	a facility providing a family living environment for persons
705	with maladaptive behaviors, in a largely unrestricted setting
706	which includes education and monitoring appropriate to support
707	the development of independent living skills.
708	(b)  Centers or units that are components of a
709	comprehensive transitional education program are subject to the
710	license issued to the comprehensive transitional education
711	program and may be located on either single or multiple sites.
712	(c)  Comprehensive transitional education programs shall
713	develop individual education plans for each person with
714	maladaptive behaviors who receives services therein. Such
715	individual education plans shall be developed in accordance with
716	the criteria specified in 20 U.S.C. ss. 401 et seq., and 34
717	C.F.R. part 300.
718	(d)  In no instance shall the total number of persons with
719	maladaptive behaviors being provided services in a comprehensive
720	transitional education program exceed 120.
721	(e)  This subsection shall authorize licensure for
722	comprehensive transitional education programs which by July 1,
723	1989:
724	1.  Are in actual operation; or
725	2.  Own a fee simple interest in real property for which a
726	county or city government has approved zoning allowing for the
727	placement of the facilities described in this subsection, and
728	have registered an intent with the department to operate a
729	comprehensive transitional education program. However, nothing
730	shall prohibit the assignment by such a registrant to another
731	entity at a different site within the state, so long as there is
732	compliance with all criteria of the comprehensive transitional
733	education program and local zoning requirements and provided
734	that each residential facility within the component centers or
735	units of the program authorized under this subparagraph shall
736	not exceed a capacity of 15 persons.
737	(8)  "Day habilitation facility" means any nonresidential
738	facility which provides day habilitation services.
739	(9)  "Day habilitation service" means assistance with the
740	acquisition, retention, or improvement in self-help,
741	socialization, and adaptive skills which takes place in a
742	nonresidential setting, separate from the home or facility in
743	which the individual resides. Day habilitation services shall
744	focus on enabling the individual to attain or maintain his or
745	her maximum functional level and shall be coordinated with any
746	physical, occupational, or speech therapies listed in the plan
747	of care.
748	(9)(10)  "Developmental disability" means a disorder or
749	syndrome that is attributable to retardation, cerebral palsy,
750	autism, spina bifida, or Prader-Willi syndrome; that manifests
751	before the age of 18; and that constitutes a substantial
752	handicap that can reasonably be expected to continue
753	indefinitely.
754	(10)(11)  "Developmental disabilities institution" means a
755	state-owned and state-operated facility, formerly known as a
756	"Sunland Center," providing for the care, habilitation, and
757	rehabilitation of clients with developmental disabilities.
758	(11)(12)  "Direct service provider," also known as
759	"caregiver" in chapters 39 and 415 or "caretaker" in provisions
760	relating to employment security checks, means a person 18 years
761	of age or older who has direct face-to-face contact with a
762	client while providing services to the client individuals with
763	developmental disabilities, or has access to a client's living
764	areas or to a client's funds or personal property, and is not a
765	relative of such individuals.
766	(12)(13)  "Domicile" means the place where a client legally
767	resides, which place is his or her permanent home. Domicile may
768	be established as provided in s. 222.17. Domicile may not be
769	established in Florida by a minor who has no parent domiciled in
770	Florida, or by a minor who has no legal guardian domiciled in
771	Florida, or by any alien not classified as a resident alien.
772	(14)  "Enclave" means a work station in public or private
773	business or industry where a small group of persons with
774	developmental disabilities is employed and receives training and
775	support services or follow-along services among nonhandicapped
776	workers.
777	(15)  "Epilepsy" means a chronic brain disorder of various
778	causes which is characterized by recurrent seizures due to
779	excessive discharge of cerebral neurons. When found concurrently
780	with retardation, autism, or cerebral palsy, epilepsy is
781	considered a secondary disability for which the client is
782	eligible to receive services to ameliorate this condition
783	pursuant to this chapter.
784	(13)(16)  "Express and informed consent" means consent
785	voluntarily given in writing with sufficient knowledge and
786	comprehension of the subject matter involved to enable the
787	person giving consent to make a knowing an understanding and
788	enlightened decision without any element of force, fraud,
789	deceit, duress, or other form of constraint or coercion.
790	(14)(17)  "Family care program" means the program
791	established in s. 393.068.
792	(18)  "Follow-along services" means those support services
793	provided to persons with developmental disabilities in all
794	supported employment programs and may include, but are not
795	limited to, family support, assistance in meeting transportation
796	and medical needs, employer intervention, performance
797	evaluation, advocacy, replacement, retraining or promotional
798	assistance, or other similar support services.
799	(15)(19)  "Foster care facility" means a residential
800	facility licensed under this chapter which provides a family
801	living environment including supervision and care necessary to
802	meet the physical, emotional, and social needs of its residents.
803	The capacity of such a facility may shall not be more than three
804	residents.
805	(16)(20)  "Group home facility" means a residential
806	facility licensed under this chapter which provides a family
807	living environment including supervision and care necessary to
808	meet the physical, emotional, and social needs of its residents.
809	The capacity of such a facility shall be at least 4 but not more
810	than 15 residents. For the purposes of this chapter, group home
811	facilities shall not be considered commercial enterprises.
812	(17)(21)  "Guardian advocate" means a person appointed by a
813	written order of the court to represent a person with
814	developmental disabilities under s. 393.12.
815	(18)(22)  "Habilitation" means the process by which a
816	client is assisted to acquire and maintain those life skills
817	which enable the client to cope more effectively with the
818	demands of his or her condition and environment and to raise the
819	level of his or her physical, mental, and social efficiency. It
820	includes, but is not limited to, programs of formal structured
821	education and treatment.
822	(19)(23)  "High-risk child" means, for the purposes of this
823	chapter, a child from 3 birth to 5 years of age with one or more
824	of the following characteristics:
825	(a)  A developmental delay in cognition, language, or
826	physical development.
827	(b)  A child surviving a catastrophic infectious or
828	traumatic illness known to be associated with developmental
829	delay, when funds are specifically appropriated.
830	(c)  A child with a parent or guardian with developmental
831	disabilities who requires assistance in meeting the child's
832	developmental needs.
833	(d)  A child who has a physical or genetic anomaly
834	associated with developmental disability.
835	(20)(24)  "Intermediate care facility for the
836	developmentally disabled" or "ICF/DD" means a residential
837	facility licensed and certified pursuant to part XI of chapter
838	400.
839	(25)  "Job coach" means a person who provides employment-
840	related training at a worksite to individuals with developmental
841	disabilities.
842	(21)(26)  "Medical/dental services" means medically
843	necessary those services which are provided or ordered for a
844	client by a person licensed under pursuant to the provisions of
845	chapter 458, chapter 459, or chapter 466. Such services may
846	include, but are not limited to, prescription drugs, specialized
847	therapies, nursing supervision, hospitalization, dietary
848	services, prosthetic devices, surgery, specialized equipment and
849	supplies, adaptive equipment, and other services as required to
850	prevent or alleviate a medical or dental condition.
851	(27)  "Mobile work crew" means a group of workers employed
852	by an agency that provides services outside the agency, usually
853	under service contracts.
854	(28)  "Normalization principle" means the principle of
855	letting the client obtain an existence as close to the normal as
856	possible, making available to the client patterns and conditions
857	of everyday life which are as close as possible to the norm and
858	patterns of the mainstream of society.
859	(22)(29)  "Personal care services" means include, but are
860	not limited to, such services as: individual assistance with or
861	supervision of essential activities of daily living for self-
862	care, including ambulation, bathing, dressing, eating, grooming,
863	and toileting, and other similar services that are incidental to
864	the care furnished and essential to the health, safety, and
865	welfare of the client when there is no one else available to
866	perform those services the agency may define by rule. "Personal
867	services" shall not be construed to mean the provision of
868	medical, nursing, dental, or mental health services by the staff
869	of a facility, except as provided in this chapter. In addition,
870	an emergency response device installed in the apartment or
871	living area of a resident shall not be classified as a personal
872	service.
873	(23)(30)  "Prader-Willi syndrome" means an inherited
874	condition typified by neonatal hypotonia with failure to thrive,
875	hyperphagia or an excessive drive to eat which leads to obesity
876	usually at 18 to 36 months of age, mild to moderate mental
877	retardation, hypogonadism, short stature, mild facial
878	dysmorphism, and a characteristic neurobehavior.
879	(31)  "Reassessment" means a process which periodically
880	develops, through annual review and revision of a client's
881	family or individual support plan, a knowledgeable statement of
882	current needs and past development for each client.
883	(24)(32)  "Relative" means an individual who is connected
884	by affinity or consanguinity to the client and who is 18 years
885	of age or older more.
886	(25)(33)  "Resident" means any person with developmental
887	disabilities who is developmentally disabled residing at a
888	residential facility in the state, whether or not such person is
889	a client of the agency.
890	(26)(34)  "Residential facility" means a facility providing
891	room and board and personal care for persons with developmental
892	disabilities.
893	(27)(35)  "Residential habilitation" means supervision and
894	training assistance provided with the acquisition, retention, or
895	improvement in skills related to activities of daily living,
896	such as personal hygiene skills grooming and cleanliness,
897	homemaking skills bedmaking and household chores, eating and the
898	preparation of food, and the social and adaptive skills
899	necessary to enable the individual to reside in the community a
900	noninstitutional setting.
901	(28)(36)  "Residential habilitation center" means a
902	community residential facility licensed under this chapter which
903	that provides residential habilitation services. The capacity of
904	such a facility shall not be fewer than nine residents. After
905	October 1, 1989, no new residential habilitation centers may not
906	shall be licensed and the licensed capacity shall not be
907	increased for any existing residential habilitation center may
908	not be increased.
909	(29)(37)  "Respite service" means appropriate, short-term,
910	temporary care that is provided to a person with developmental
911	disabilities to meet the planned or emergency needs of the
912	person or the family or other direct service provider.
913	(30)  "Restraint" means a physical device, method, or drug
914	used to control dangerous behavior.
915	(a)  A physical restraint is any manual method or physical
916	or mechanical device, material, or equipment attached or
917	adjacent to the individual's body so that he or she cannot
918	easily remove the restraint and which restricts freedom of
919	movement or normal access to one's body.
920	(b)  A drug used as a restraint is a medication used to
921	control the person's behavior or to restrict his or her freedom
922	of movement and is not a standard treatment for the person's
923	medical or psychiatric condition. Physically holding a person
924	during a procedure to forcibly administer psychotropic
925	medication is a physical restraint.
926	(c)  Restraint does not include physical devices, such as
927	orthopedically prescribed appliances, surgical dressings and
928	bandages, supportive body bands, or other physical holding when
929	necessary for routine physical examinations and tests; for
930	purposes of orthopedic, surgical, or other similar medical
931	treatment; when used to provide support for the achievement of
932	functional body position or proper balance; or when used to
933	protect a person from falling out of bed.
934	(31)(38)  "Retardation" means significantly subaverage
935	general intellectual functioning existing concurrently with
936	deficits in adaptive behavior and manifested during the period
937	from conception to age 18. "Significantly subaverage general
938	intellectual functioning," for the purpose of this definition,
939	means performance which is two or more standard deviations from
940	the mean score on a standardized intelligence test specified in
941	the rules of the agency. "Adaptive behavior," for the purpose of
942	this definition, means the effectiveness or degree with which an
943	individual meets the standards of personal independence and
944	social responsibility expected of his or her age, cultural
945	group, and community.
946	(32)  "Seclusion" means the involuntary isolation of a
947	person in a room or area from which the person is prevented from
948	leaving. The prevention may be by physical barrier or by a staff
949	member who is acting in a manner, or who is physically situated,
950	so as to prevent the person from leaving the room or area. For
951	the purposes of this chapter, the term does not mean isolation
952	due to the medical condition or symptoms of the person.
953	(33)  "Self-determination" means an individual's freedom to
954	exercise the same rights as all other citizens, authority to
955	exercise control over funds needed for one's own support,
956	including prioritizing these funds when necessary,
957	responsibility for the wise use of public funds, and self
958	advocacy to speak and advocate for oneself in order to gain
959	independence and ensure that individuals with a developmental
960	disability are treated equally.
961	(39)  "Severe self-injurious behavior" means any chronic
962	behavior that results in injury to the person's own body, which
963	includes, but is not limited to, self-hitting, head banging,
964	self-biting, scratching, and the ingestion of harmful or
965	potentially harmful nutritive or nonnutritive substances.
966	(34)(40)  "Specialized therapies" means those treatments or
967	activities prescribed by and provided by an appropriately
968	trained, licensed, or certified professional or staff person and
969	may include, but are not limited to, physical therapy, speech
970	therapy, respiratory therapy, occupational therapy, behavior
971	therapy, physical management services, and related specialized
972	equipment and supplies.
973	(35)(41)  "Spina bifida" means, for purposes of this
974	chapter, a person with a medical diagnosis of spina bifida
975	cystica or myelomeningocele.
976	(36)(42)  "Support coordinator" means a person who is
977	designated by the agency to assist individuals and families in
978	identifying their capacities, needs, and resources, as well as
979	finding and gaining access to necessary supports and services;
980	coordinating the delivery of supports and services; advocating
981	on behalf of the individual and family; maintaining relevant
982	records; and monitoring and evaluating the delivery of supports
983	and services to determine the extent to which they meet the
984	needs and expectations identified by the individual, family, and
985	others who participated in the development of the support plan.
986	(43)  "Supported employee" means a person who requires and
987	receives supported employment services in order to maintain
988	community-based employment.
989	(37)(44)  "Supported employment" means employment located
990	or provided in a normal employment setting which provides at
991	least 20 hours employment per week in an integrated work
992	setting, with earnings paid on a commensurate wage basis, and
993	for which continued support is needed for job maintenance.
994	(38)(45)  "Supported living" means a category of
995	individually determined services designed and coordinated in
996	such a manner as to provide assistance to adult clients who
997	require ongoing supports to live as independently as possible in
998	their own homes, to be integrated into the community, and to
999	participate in community life to the fullest extent possible.
1000	(39)(46)  "Training" means a planned approach to assisting
1001	a client to attain or maintain his or her maximum potential and
1002	includes services ranging from sensory stimulation to
1003	instruction in skills for independent living and employment.
1004	(40)(47)  "Treatment" means the prevention, amelioration,
1005	or cure of a client's physical and mental disabilities or
1006	illnesses.
1007	Section 11.  Subsections (1), (2), and (4) of section
1008	393.064, Florida Statutes, are amended to read:
1009	393.064  Prevention.--
1010	(1)  The agency shall give priority to the development,
1011	planning, and implementation of programs which have the
1012	potential to prevent, correct, cure, or reduce the severity of
1013	developmental disabilities. The agency shall direct an
1014	interagency and interprogram effort for the continued
1015	development of a prevention plan and program. The agency shall
1016	identify, through demonstration projects, through program
1017	evaluation, and through monitoring of programs and projects
1018	conducted outside of the agency, any medical, social, economic,
1019	or educational methods, techniques, or procedures that have the
1020	potential to effectively ameliorate, correct, or cure
1021	developmental disabilities. The agency program shall determine
1022	the costs and benefits that would be associated with such
1023	prevention efforts and shall implement, or recommend the
1024	implementation of, those methods, techniques, or procedures
1025	which are found likely to be cost-beneficial.
1026	(2)  Prevention services provided by the agency shall
1027	developmental services program include services to high-risk and
1028	developmentally disabled children from 3 birth to 5 years of
1029	age, and their families, to meet the intent of chapter 411.
1030	Except for services for children from birth to age 3 years which
1031	Such services shall include individual evaluations or
1032	assessments necessary to diagnose a developmental disability or
1033	high-risk condition and to determine appropriate individual
1034	family and support services, unless evaluations or assessments
1035	are the responsibility of the Division of Children's Medical
1036	Services in the Department of Health Prevention and Intervention
1037	for children ages birth to 3 years eligible for services under
1038	this chapter or part H of the Individuals with Disabilities
1039	Education Act, such services and may include:
1040	(a)  Individual evaluations or assessments necessary to
1041	diagnose a developmental disability or high-risk condition and
1042	to determine appropriate, individual family and support
1043	services.
1044	(b)(a)  Early intervention services, including
1045	developmental training and specialized therapies. Early
1046	intervention services, which are the responsibility of the
1047	Division of Children's Medical Services Prevention and
1048	Intervention for children ages birth to 3 years who are eligible
1049	for services under this chapter or under part H of the
1050	Individuals with Disabilities Education Act, shall not be
1051	provided through the developmental services program unless
1052	funding is specifically appropriated to the developmental
1053	services program for this purpose.
1054	(c)(b)  Support services, such as respite care, parent
1055	education and training, parent-to-parent counseling, homemaker
1056	services, and other services which allow families to maintain
1057	and provide quality care to children in their homes. The
1058	Division of Children's Medical Services Prevention and
1059	Intervention is responsible for the provision of services to
1060	children from birth to 3 years who are eligible for services
1061	under this chapter.
1062	(4)  There is created at the developmental disabilities
1063	services institution in Gainesville a research and education
1064	unit. Such unit shall be named the Raymond C. Philips Research
1065	and Education Unit. The functions of such unit shall include:
1066	(a)  Research into the etiology of developmental
1067	disabilities.
1068	(b)  Ensuring that new knowledge is rapidly disseminated
1069	throughout the developmental services program of the agency.
1070	(c)  Diagnosis of unusual conditions and syndromes
1071	associated with developmental disabilities in clients identified
1072	throughout the developmental disabilities services programs.
1073	(d)  Evaluation of families of clients with developmental
1074	disabilities of genetic origin in order to provide them with
1075	genetic counseling aimed at preventing the recurrence of the
1076	disorder in other family members.
1077	(e)  Ensuring that health professionals in the
1078	developmental disabilities services institution at Gainesville
1079	have access to information systems that will allow them to
1080	remain updated on newer knowledge and maintain their
1081	postgraduate education standards.
1082	(f)  Enhancing staff training for professionals throughout
1083	the agency in the areas of genetics and developmental
1084	disabilities.
1085	Section 12.  Section 393.0641, Florida Statutes, is amended
1086	to read:
1087	393.0641  Program for the prevention and treatment of
1088	severe self-injurious behavior.--
1089	(1)  Contingent upon specific appropriations, there is
1090	created a diagnostic, treatment, training, and research program
1091	for clients exhibiting severe self-injurious behavior. As used
1092	in this section, the term "severe self-injurious behavior" means
1093	any chronic behavior that results in injury to the person's own
1094	body, including, but not limited to, self-hitting, head banging,
1095	self-biting, scratching, and the ingestion of harmful or
1096	potentially harmful nutritive or nonnutritive substances.
1097	(2)  The This program shall:
1098	(a)  Serve as a resource center for information, training,
1099	and program development.
1100	(b)  Research the diagnosis and treatment of severe self-
1101	injurious behavior, and related disorders, and develop methods
1102	of prevention and treatment of self-injurious behavior.
1103	(c)  Identify individuals in critical need.
1104	(d)  Develop treatment programs which are meaningful to
1105	individuals with developmental disabilities, in critical need,
1106	while safeguarding and respecting the legal and human rights of
1107	the individuals.
1108	(e)  Disseminate research findings on the prevention and
1109	treatment of severe self-injurious behavior.
1110	(f)  Collect data on the type, severity, incidence, and
1111	demographics of individuals with severe self-injurious behavior,
1112	and disseminate the data.
1113	(3)(2)  The This program shall adhere to the provisions of
1114	s. 393.13.
1115	(4)(3)  The agency may contract for the provision of any
1116	portion or all of the services required by the program.
1117	(5)(4)  The agency may has the authority to license this
1118	program and shall adopt rules to administer implement the
1119	program.
1120	Section 13.  Subsections (1) and (4) of section 393.065,
1121	Florida Statutes, are amended, and subsections (5) and (6) are
1122	added to that section, to read:
1123	393.065  Application and eligibility determination.--
1124	(1)  Application for services shall be made in writing to
1125	the agency, in the service area district in which the applicant
1126	resides. The agency Employees of the agency's developmental
1127	services program shall review each applicant for eligibility
1128	within 45 days after the date the application is signed for
1129	children under 6 years of age and within 60 days after the date
1130	the application is signed for all other applicants. When
1131	necessary to definitively identify individual conditions or
1132	needs, the agency shall provide a comprehensive assessment. Only
1133	applicants individuals whose domicile is in Florida are eligible
1134	for services. Information accumulated by other agencies,
1135	including professional reports and collateral data, shall be
1136	considered in this process when available.
1137	(4)  The agency shall assess the level of need and medical
1138	necessity for prospective residents of intermediate-care
1139	facilities for the developmentally disabled after October 1,
1140	1999. The agency may enter into an agreement with the Department
1141	of Elderly Affairs for its Comprehensive Assessment and Review
1142	for Long-Term-Care Services (CARES) program to conduct
1143	assessments to determine the level of need and medical necessity
1144	for long-term-care services under this chapter. To the extent
1145	permissible under federal law, the assessments shall must be
1146	funded under Title XIX of the Social Security Act.
1147	(5)  With the exception of clients deemed to be in crisis
1148	whom the agency shall serve as described in rule, the agency
1149	shall place at the top of its wait list for waiver services
1150	those children on the wait list who are from the child welfare
1151	system with an open case in the Department of Children and
1152	Family Services' statewide automated child welfare information
1153	system.
1154	(6)  The agency may adopt rules specifying application
1155	procedures and eligibility criteria as needed to administer this
1156	section.
1157	Section 14.  Section 393.0651, Florida Statutes, is amended
1158	to read:
1159	393.0651  Family or individual support plan.--The agency
1160	shall provide directly or contract for the development of a an
1161	appropriate family support plan for children ages 3 birth to 18
1162	years of age and an individual support plan for each client. The
1163	parent or guardian of The client or, if competent, the client's
1164	parent or guardian client, or, when appropriate, the client
1165	advocate, shall be consulted in the development of the plan and
1166	shall receive a copy of the plan. Each plan must shall include
1167	the most appropriate, least restrictive, and most cost-
1168	beneficial environment for accomplishment of the objectives for
1169	client progress and a specification of all services authorized.
1170	The plan must shall include provisions for the most appropriate
1171	level of care for the client. Within the specification of needs
1172	and services for each client, when residential care is
1173	necessary, the agency shall move toward placement of clients in
1174	residential facilities based within the client's community. The
1175	ultimate goal of each plan, whenever possible, shall be to
1176	enable the client to live a dignified life in the least
1177	restrictive setting, be that in the home or in the community.
1178	For children under 6 years of age, the family support plan shall
1179	be developed within the 45-day application period as specified
1180	in s. 393.065(1); for all applicants 6 years of age or older,
1181	the family or individual support plan shall be developed within
1182	the 60-day period as specified in that subsection.
1183	(1)  The agency shall develop and specify by rule the core
1184	components of support plans to be used by each district.
1185	(2)(a)  The family or individual support plan shall be
1186	integrated with the individual education plan (IEP) for all
1187	clients who are public school students entitled to a free
1188	appropriate public education under the Individuals with
1189	Disabilities Education Act, I.D.E.A., as amended. The family or
1190	individual support plan and IEP shall be implemented to maximize
1191	the attainment of educational and habilitation goals.
1192	(a)  If the IEP for a student enrolled in a public school
1193	program indicates placement in a public or private residential
1194	program is necessary to provide special education and related
1195	services to a client, the local education agency shall provide
1196	for the costs of that service in accordance with the
1197	requirements of the Individuals with Disabilities Education Act,
1198	I.D.E.A., as amended. This shall not preclude local education
1199	agencies and the agency from sharing the residential service
1200	costs of students who are clients and require residential
1201	placement. Under no circumstances shall clients entitled to a
1202	public education or their parents be assessed a fee by the
1203	agency under s. 402.33 for placement in a residential program.
1204	(b)  For clients who are entering or exiting the school
1205	system, an interdepartmental staffing team composed of
1206	representatives of the agency and the local school system shall
1207	develop a written transitional living and training plan with the
1208	participation of the client or with the parent or guardian of
1209	the client, or the client advocate, as appropriate.
1210	(3)  Each family or individual support plan shall be
1211	facilitated through case management designed solely to advance
1212	the individual needs of the client.
1213	(4)  In the development of the family or individual support
1214	plan, a client advocate may be appointed by the support planning
1215	team for a client who is a minor or for a client who is not
1216	capable of express and informed consent when:
1217	(a)  The parent or guardian cannot be identified;
1218	(b)  The whereabouts of the parent or guardian cannot be
1219	discovered; or
1220	(c)  The state is the only legal representative of the
1221	client.
1222
1223	Such appointment shall not be construed to extend the powers of
1224	the client advocate to include any of those powers delegated by
1225	law to a legal guardian.
1226	(5)  The agency shall place a client in the most
1227	appropriate and least restrictive, and cost-beneficial,
1228	residential facility according to his or her individual support
1229	habilitation plan. The parent or guardian of The client or, if
1230	competent, the client's parent or guardian client, or, when
1231	appropriate, the client advocate, and the administrator of the
1232	residential facility to which placement is proposed shall be
1233	consulted in determining the appropriate placement for the
1234	client. Considerations for placement shall be made in the
1235	following order:
1236	(a)  Client's own home or the home of a family member or
1237	direct service provider.
1238	(b)  Foster care facility.
1239	(c)  Group home facility.
1240	(d)  Intermediate care facility for the developmentally
1241	disabled.
1242	(e)  Other facilities licensed by the agency which offer
1243	special programs for people with developmental disabilities.
1244	(f)  Developmental disabilities services institution.
1245	(6)  In developing a client's annual family or individual
1246	support plan, the individual or family with the assistance of
1247	the support planning team shall identify measurable objectives
1248	for client progress and shall specify a time period expected for
1249	achievement of each objective.
1250	(7)  The individual, family, and support coordinator shall
1251	review progress in achieving the objectives specified in each
1252	client's family or individual support plan, and shall revise the
1253	plan annually, following consultation with the client, if
1254	competent, or with the parent or guardian of the client, or,
1255	when appropriate, the client advocate. The agency or designated
1256	contractor shall annually report in writing to the client, if
1257	competent, or to the parent or guardian of the client, or to the
1258	client advocate, when appropriate, with respect to the client's
1259	habilitative and medical progress.
1260	(8)  Any client, or any parent of a minor client, or
1261	guardian, authorized guardian advocate, or client advocate for a
1262	client, who is substantially affected by the client's initial
1263	family or individual support plan, or the annual review thereof,
1264	shall have the right to file a notice to challenge the decision
1265	pursuant to ss. 120.569 and 120.57. Notice of such right to
1266	appeal shall be included in all support plans provided by the
1267	agency.
1268	Section 15.  Section 393.0654, Florida Statutes, is created
1269	to read.
1270	393.0654  Direct service providers; private sector
1271	services.--It is not a violation of s. 112.313(7) for a direct
1272	service provider who is employed by the agency to own, operate,
1273	or work in a private facility that is a service provider under
1274	contract with the agency if:
1275	(1)  The employee does not have any role in the agency's
1276	placement recommendations or the client's decisionmaking process
1277	regarding placement;
1278	(2)  The direct service provider's employment with the
1279	agency does not compromise the ability of the client to make a
1280	voluntary choice among private providers for services;
1281	(3)  The employee's employment outside the agency does not
1282	create a conflict with the employee's public duties and does not
1283	impede the full and faithful discharge of the employee's duties
1284	as assigned by the agency; and
1285	(4)  The service provider discloses the dual employment or
1286	ownership status to the agency and all clients within the
1287	provider's care. The disclosure must be given to the agency, the
1288	client, and the client's guardian or guardian advocate, if
1289	appropriate.
1290	Section 16.  Section 393.0655, Florida Statutes, is amended
1291	to read:
1292	393.0655  Screening of direct service providers.--
1293	(1)  MINIMUM STANDARDS.--The agency shall require level 2
1294	employment screening pursuant to chapter 435 for direct service
1295	providers who are unrelated to their clients, including support
1296	coordinators, and managers and supervisors of residential
1297	facilities or comprehensive transitional education programs
1298	licensed under this chapter s. 393.067 and any other person,
1299	including volunteers, who provide care or services, who have
1300	access to a client's living areas, or who have access to a
1301	client's funds or personal property. Background screening shall
1302	include employment history checks as provided in s. 435.03(1)
1303	and local criminal records checks through local law enforcement
1304	agencies.
1305	(a)  A volunteer who assists on an intermittent basis for
1306	less than 40 hours per month does not have to be screened if the
1307	volunteer is under the direct and constant visual supervision of
1308	persons who meet the screening requirements of this section.
1309	(b)  Licensed physicians, nurses, or other professionals
1310	licensed and regulated by the Department of Health are not
1311	subject to background screening pursuant to this section if they
1312	are providing a service that is within their scope of licensed
1313	practice.
1314	(c)  A person selected by the family or the individual with
1315	developmental disabilities and paid by the family or the
1316	individual to provide supports or services is not required to
1317	have a background screening under this section.
1318	(d)  Persons 12 years of age or older, including family
1319	members, residing with a the direct services provider who
1320	provides services to clients in his or her own place of
1321	residence, including family members, are subject to background
1322	screening; however, such persons who are 12 to 18 years of age
1323	shall be screened for delinquency records only.
1324	(e)  A direct service provider who is awaiting the
1325	completion of background screening is temporarily exempt from
1326	the screening requirements under this section if the provider is
1327	under the direct and constant visual supervision of persons who
1328	meet the screening requirements of this section. Such exemption
1329	expires 90 days after the direct service provider first provides
1330	care or services to clients, has access to a client's living
1331	areas, or has access to a client's funds or personal property.
1332	(2)  EXEMPTIONS FROM DISQUALIFICATION.--The agency may
1333	grant exemptions from disqualification from working with
1334	children or adults with developmental disabilities only as
1335	provided in s. 435.07.
1336	(3)  PAYMENT FOR PROCESSING OF FINGERPRINTS AND STATE
1337	CRIMINAL RECORDS CHECKS.--The costs of processing fingerprints
1338	and the state criminal records checks shall be borne by the
1339	employer or by the employee or individual who is being screened.
1340	(4)  TERMINATION EXCLUSION FROM OWNING, OPERATING, OR BEING
1341	EMPLOYED BY A DIRECT SERVICE PROVIDER RESIDENTIAL FACILITY;
1342	HEARINGS PROVIDED.--
1343	(a)  The agency shall deny, suspend, terminate, or revoke a
1344	license, certification, rate agreement, purchase order, or
1345	contract, or pursue other remedies provided in s. 393.0673, s.
1346	393.0675, or s. 393.0678 in addition to or in lieu of denial,
1347	suspension, termination, or revocation for failure to comply
1348	with this section.
1349	(b)  When the agency has reasonable cause to believe that
1350	grounds for denial or termination of employment exist, it shall
1351	notify, in writing, the employer and the person direct service
1352	provider affected, stating the specific record that which
1353	indicates noncompliance with the standards in this section.
1354	(c)  The procedures established for hearing under chapter
1355	120 shall be available to the employer and the person affected
1356	direct service provider in order to present evidence relating
1357	either to the accuracy of the basis of exclusion or to the
1358	denial of an exemption from disqualification.
1359	(d)  Refusal on the part of an employer to dismiss a
1360	manager, supervisor, or direct service provider who has been
1361	found to be in noncompliance with standards of this section
1362	shall result in automatic denial, termination, or revocation of
1363	the license or, certification, rate agreement, purchase order,
1364	or contract, in addition to any other remedies pursued by the
1365	agency.
1366	Section 17.  Section 393.0657, Florida Statutes, is amended
1367	to read:
1368	393.0657  Persons not required to be refingerprinted or
1369	rescreened.--Persons who have undergone any portion of the
1370	background screening required under s. 393.0655 within the last
1371	12 months are Any provision of law to the contrary
1372	notwithstanding, human resource personnel who have been
1373	fingerprinted or screened pursuant to chapters 393, 394, 397,
1374	402, and 409, and teachers who have been fingerprinted pursuant
1375	to chapter 1012, who have not been unemployed for more than 90
1376	days thereafter, and who under the penalty of perjury attest to
1377	the completion of such fingerprinting or screening and to
1378	compliance with the provisions of this section and the standards
1379	for good moral character as contained in such provisions as ss.
1380	110.1127(3), 393.0655(1), 394.457(6), 397.451, 402.305(2), and
1381	409.175(6), shall not be required to repeat such screening be
1382	refingerprinted or rescreened in order to comply with the any
1383	direct service provider screening or fingerprinting
1384	requirements. Such persons are responsible for providing
1385	documentation of the screening and shall undergo screening for
1386	any remaining background screening requirements that have never
1387	been conducted or have not been completed within the last 12
1388	months.
1389	Section 18.  Section 393.066, Florida Statutes, is amended
1390	to read:
1391	393.066  Community services and treatment for persons who
1392	are developmentally disabled.--
1393	(1)  The agency shall plan, develop, organize, and
1394	implement its programs of services and treatment for persons
1395	with developmental disabilities who are developmentally disabled
1396	to allow clients to live as independently as possible in their
1397	own homes or communities and to achieve productive lives as
1398	close to normal as possible. All elements of community-based
1399	services shall be made available, and eligibility for these
1400	services shall be consistent across the state. In addition, all
1401	purchased services shall be approved by the agency.
1402	(2)  All services needed shall be purchased instead of
1403	provided directly by the agency, when such arrangement is more
1404	cost-efficient than having those services provided directly. All
1405	purchased services must be approved by the agency.
1406	(3)  Community-based services that are medically necessary
1407	to prevent institutionalization shall, to the extent of
1408	available resources, include:
1409	(a)  Adult day training habilitation services, including
1410	developmental training services.
1411	(b)  Family care services.
1412	(c)  Guardian advocate referral services.
1413	(d)  Medical/dental services, except that medical services
1414	shall not be provided to clients with spina bifida except as
1415	specifically appropriated by the Legislature.
1416	(e)  Parent training.
1417	(f)  Personal care services.
1418	(g)(f)  Recreation.
1419	(h)(g)  Residential facility services.
1420	(i)(h)  Respite services.
1421	(j)(i)  Social services.
1422	(k)(j)  Specialized therapies.
1423	(l)(k)  Supported employment, including enclave, job coach,
1424	mobile work crew, and follow-along services.
1425	(m)(l)  Supported living.
1426	(n)(m)  Training, including behavioral-analysis services
1427	behavioral programming.
1428	(o)(n)  Transportation.
1429	(p)(o)  Other habilitative and rehabilitative services as
1430	needed.
1431	(4)  The agency shall utilize the services of private
1432	businesses, not-for-profit organizations, and units of local
1433	government whenever such services are more cost-efficient than
1434	such services provided directly by the department, including
1435	arrangements for provision of residential facilities.
1436	(5)  In order to improve the potential for utilization of
1437	more cost-effective, community-based residential facilities, the
1438	agency shall promote the statewide development of day
1439	habilitation services for clients who live with a direct service
1440	provider in a community-based residential facility and who do
1441	not require 24-hour-a-day care in a hospital or other health
1442	care institution, but who may, in the absence of day
1443	habilitation services, require admission to a developmental
1444	disabilities institution. Each day service facility shall
1445	provide a protective physical environment for clients, ensure
1446	that direct service providers meet minimum screening standards
1447	as required in s. 393.0655, make available to all day
1448	habilitation service participants at least one meal on each day
1449	of operation, provide facilities to enable participants to
1450	obtain needed rest while attending the program, as appropriate,
1451	and provide social and educational activities designed to
1452	stimulate interest and provide socialization skills.
1453	(6)  To promote independence and productivity, the agency
1454	shall provide supports and services, within available resources,
1455	to assist clients enrolled in Medicaid waivers who choose to
1456	pursue gainful employment.
1457	(7)  For the purpose of making needed community-based
1458	residential facilities available at the least possible cost to
1459	the state, the agency is authorized to lease privately owned
1460	residential facilities under long-term rental agreements, if
1461	such rental agreements are projected to be less costly to the
1462	state over the useful life of the facility than state purchase
1463	or state construction of such a facility.
1464	(8)  The agency may adopt rules providing definitions,
1465	eligibility criteria, and procedures for the purchase of
1466	services to ensure compliance with federal laws or regulations
1467	that apply to services provided pursuant to this section.
1468	Section 19.  Section 393.067, Florida Statutes, is amended
1469	to read:
1470	393.067  Facility licensure of residential facilities and
1471	comprehensive transitional education programs.--
1472	(1)  The agency shall provide through its licensing
1473	authority and by rule license application procedures, a system
1474	of provider qualifications, facility and client care standards,
1475	requirements for client records, requirements for staff
1476	qualifications and training criteria for meeting standards, and
1477	requirements for monitoring foster care for residential
1478	facilities, group home facilities, residential habilitation
1479	centers, and comprehensive transitional education programs that
1480	serve agency clients.
1481	(2)  The agency shall conduct annual inspections and
1482	reviews of residential facilities and comprehensive transitional
1483	education programs licensed under this section annually.
1484	(3)  An application for a license under this section must
1485	for a residential facility or a comprehensive transitional
1486	education program shall be made to the agency on a form
1487	furnished by it and shall be accompanied by the appropriate
1488	license fee.
1489	(4)  The application shall be under oath and shall contain
1490	the following:
1491	(a)  The name and address of the applicant, if an applicant
1492	is an individual; if the applicant is a firm, partnership, or
1493	association, the name and address of each member thereof; if the
1494	applicant is a corporation, its name and address and the name
1495	and address of each director and each officer thereof; and the
1496	name by which the facility or program is to be known.
1497	(b)  The location of the facility or program for which a
1498	license is sought.
1499	(c)  The name of the person or persons under whose
1500	management or supervision the facility or program will be
1501	conducted.
1502	(d)  The number and type of residents or clients for which
1503	maintenance, care, education, or treatment is to be provided by
1504	the facility or program.
1505	(e)  The number and location of the component centers or
1506	units which will compose the comprehensive transitional
1507	education program.
1508	(f)  A description of the types of services and treatment
1509	to be provided by the facility or program.
1510	(g)  Information relating to the number, experience, and
1511	training of the employees of the facility or program.
1512	(h)  Certification that the staff of the facility or
1513	program will receive training to detect and prevent sexual abuse
1514	of residents and clients.
1515	(i)  Such other information as the agency determines is
1516	necessary to carry out the provisions of this chapter.
1517	(5)  The applicant shall submit evidence which establishes
1518	the good moral character of the manager or supervisor of the
1519	facility or program and the direct service providers in the
1520	facility or program and its component centers or units. A
1521	license may be issued if all the screening materials have been
1522	timely submitted; however, a license may not be issued or
1523	renewed if any of the direct service providers have failed the
1524	screening required by s. 393.0655.
1525	(a)1.  A licensed residential facility or comprehensive
1526	transitional education program which applies for renewal of its
1527	license shall submit to the agency a list of direct service
1528	providers who have worked on a continuous basis at the applicant
1529	facility or program since submitting fingerprints to the agency
1530	or the Department of Children and Family Services, identifying
1531	those direct service providers for whom a written assurance of
1532	compliance was provided by the agency or department and
1533	identifying those direct service providers who have recently
1534	begun working at the facility or program and are awaiting the
1535	results of the required fingerprint check along with the date of
1536	the submission of those fingerprints for processing. The agency
1537	shall by rule determine the frequency of requests to the
1538	Department of Law Enforcement to run state criminal records
1539	checks for such direct service providers except for those direct
1540	service providers awaiting the results of initial fingerprint
1541	checks for employment at the applicant facility or program. The
1542	agency shall review the records of the direct service providers
1543	at the applicant facility or program with respect to the crimes
1544	specified in s. 393.0655 and shall notify the facility or
1545	program of its findings. When disposition information is missing
1546	on a criminal record, it is the responsibility of the person
1547	being screened, upon request of the agency, to obtain and supply
1548	within 30 days the missing disposition information to the
1549	agency. Failure to supply the missing information within 30 days
1550	or to show reasonable efforts to obtain such information shall
1551	result in automatic disqualification.
1552	2.  The applicant shall sign an affidavit under penalty of
1553	perjury stating that all new direct service providers have been
1554	fingerprinted and that the facility's or program's remaining
1555	direct service providers have worked at the applicant facility
1556	or program on a continuous basis since being initially screened
1557	at that facility or program or have a written assurance of
1558	compliance from the agency or department.
1559	(5)(b)  As a prerequisite for issuance of an the initial or
1560	renewal license, the applicant, and any manager, supervisor, and
1561	staff member of the direct service provider of a facility or
1562	program licensed under this section, must have submitted to
1563	background screening as required under s. 393.0655. A license
1564	may not be issued or renewed if the applicant or any manager,
1565	supervisor, or staff member of the direct service provider has
1566	failed background screenings as required under s. 393.0655. The
1567	agency shall determine by rule the frequency of background
1568	screening. The applicant shall submit with each initial or
1569	renewal application a signed affidavit under penalty of perjury
1570	stating that the applicant and any manager, supervisor, or staff
1571	member of the direct service provider is in compliance with all
1572	requirements for background screening. to a residential facility
1573	or comprehensive transitional education program:
1574	1.  The applicant shall submit to the agency a complete set
1575	of fingerprints, taken by an authorized law enforcement agency
1576	or an employee of the agency who is trained to take
1577	fingerprints, for the manager, supervisor, or direct service
1578	providers of the facility or program;
1579	2.  The agency shall submit the fingerprints to the
1580	Department of Law Enforcement for state processing and for
1581	federal processing by the Federal Bureau of Investigation; and
1582	3.  The agency shall review the record of the manager or
1583	supervisor with respect to the crimes specified in s.
1584	393.0655(1) and shall notify the applicant of its findings. When
1585	disposition information is missing on a criminal record, it is
1586	the responsibility of the manager or supervisor, upon request of
1587	the agency, to obtain and supply within 30 days the missing
1588	disposition information to the agency. Failure to supply the
1589	missing information within 30 days or to show reasonable efforts
1590	to obtain such information shall result in automatic
1591	disqualification.
1592	(c)  The agency or a residential facility or comprehensive
1593	transitional education program may not use the criminal records
1594	or juvenile records of a person obtained under this subsection
1595	for any purpose other than determining if that person meets the
1596	minimum standards for good moral character for a manager or
1597	supervisor of, or direct service provider in, such a facility or
1598	program. The criminal records or juvenile records obtained by
1599	the agency or a residential facility or comprehensive
1600	transitional education program for determining the moral
1601	character of a manager, supervisor, or direct service provider
1602	are exempt from s. 119.07(1).
1603	(6)  Each applicant for licensure as an intermediate care
1604	facility for the developmentally disabled must comply with the
1605	following requirements:
1606	(a)  Upon receipt of a completed, signed, and dated
1607	application, the agency shall require background screening, in
1608	accordance with the level 2 standards for screening set forth in
1609	chapter 435, of the managing employee, or other similarly titled
1610	individual who is responsible for the daily operation of the
1611	facility, and of the financial officer, or other similarly
1612	titled individual who is responsible for the financial operation
1613	of the center, including billings for resident care and
1614	services. The applicant must comply with the procedures for
1615	level 2 background screening as set forth in chapter 435, as
1616	well as the requirements of s. 435.03(3).
1617	(b)  The agency may require background screening of any
1618	other individual who is an applicant if the agency has probable
1619	cause to believe that he or she has been convicted of a crime or
1620	has committed any other offense prohibited under the level 2
1621	standards for screening set forth in chapter 435.
1622	(c)  Proof of compliance with the level 2 background
1623	screening requirements of chapter 435 which has been submitted
1624	within the previous 5 years in compliance with any other health
1625	care licensure requirements of this state is acceptable in
1626	fulfillment of the requirements of paragraph (a).
1627	(d)  A provisional license may be granted to an applicant
1628	when each individual required by this section to undergo
1629	background screening has met the standards for the Department of
1630	Law Enforcement background check, but the agency has not yet
1631	received background screening results from the Federal Bureau of
1632	Investigation, or a request for a disqualification exemption has
1633	been submitted to the agency as set forth in chapter 435, but a
1634	response has not yet been issued. A standard license may be
1635	granted to the applicant upon the agency's receipt of a report
1636	of the results of the Federal Bureau of Investigation background
1637	screening for each individual required by this section to
1638	undergo background screening which confirms that all standards
1639	have been met, or upon the granting of a disqualification
1640	exemption by the agency as set forth in chapter 435. Any other
1641	person who is required to undergo level 2 background screening
1642	may serve in his or her capacity pending the agency's receipt of
1643	the report from the Federal Bureau of Investigation. However,
1644	the person may not continue to serve if the report indicates any
1645	violation of background screening standards and a
1646	disqualification exemption has not been requested of and granted
1647	by the agency as set forth in chapter 435.
1648	(e)  Each applicant must submit to the agency, with its
1649	application, a description and explanation of any exclusions,
1650	permanent suspensions, or terminations of the applicant from the
1651	Medicare or Medicaid programs. Proof of compliance with the
1652	requirements for disclosure of ownership and control interests
1653	under the Medicaid or Medicare programs shall be accepted in
1654	lieu of this submission.
1655	(f)  Each applicant must submit to the agency a description
1656	and explanation of any conviction of an offense prohibited under
1657	the level 2 standards of chapter 435 by a member of the board of
1658	directors of the applicant, its officers, or any individual
1659	owning 5 percent or more of the applicant. This requirement does
1660	not apply to a director of a not-for-profit corporation or
1661	organization if the director serves solely in a voluntary
1662	capacity for the corporation or organization, does not regularly
1663	take part in the day-to-day operational decisions of the
1664	corporation or organization, receives no remuneration for his or
1665	her services on the corporation or organization's board of
1666	directors, and has no financial interest and has no family
1667	members with a financial interest in the corporation or
1668	organization, provided that the director and the not-for-profit
1669	corporation or organization include in the application a
1670	statement affirming that the director's relationship to the
1671	corporation satisfies the requirements of this paragraph.
1672	(g)  A license may not be granted to an applicant if the
1673	applicant or managing employee has been found guilty of,
1674	regardless of adjudication, or has entered a plea of nolo
1675	contendere or guilty to, any offense prohibited under the level
1676	2 standards for screening set forth in chapter 435, unless an
1677	exemption from disqualification has been granted by the agency
1678	as set forth in chapter 435.
1679	(h)  The agency may deny or revoke licensure if the
1680	applicant:
1681	1.  Has falsely represented a material fact in the
1682	application required by paragraph (e) or paragraph (f), or has
1683	omitted any material fact from the application required by
1684	paragraph (e) or paragraph (f); or
1685	2.  Has had prior action taken against the applicant under
1686	the Medicaid or Medicare program as set forth in paragraph (e).
1687	(i)  An application for license renewal must contain the
1688	information required under paragraphs (e) and (f).
1689	(6)(7)  The applicant shall furnish satisfactory proof of
1690	financial ability to operate and conduct the facility or program
1691	in accordance with the requirements of this chapter and adopted
1692	all rules promulgated hereunder.
1693	(7)(8)  The agency shall adopt rules establishing minimum
1694	standards for licensure of residential facilities and
1695	comprehensive transitional education programs licensed under
1696	this section, including rules requiring facilities and programs
1697	to train staff to detect and prevent sexual abuse of residents
1698	and clients, minimum standards of quality and adequacy of client
1699	care, incident-reporting requirements, and uniform firesafety
1700	standards established by the State Fire Marshal which are
1701	appropriate to the size of the facility or of the component
1702	centers or units of the program.
1703	(8)(9)  The agency and the Agency for Health Care
1704	Administration, after consultation with the Department of
1705	Community Affairs, shall adopt rules for foster care residential
1706	facilities, group home facilities, and residential habilitation
1707	centers which establish under the respective regulatory
1708	jurisdiction of each establishing minimum standards for the
1709	preparation and annual update of a comprehensive emergency
1710	management plan. At a minimum, the rules must provide for plan
1711	components that address emergency evacuation transportation;
1712	adequate sheltering arrangements; postdisaster activities,
1713	including emergency power, food, and water; postdisaster
1714	transportation; supplies; staffing; emergency equipment;
1715	individual identification of residents and transfer of records;
1716	and responding to family inquiries. The comprehensive emergency
1717	management plan for all comprehensive transitional education
1718	programs and for homes serving individuals who have complex
1719	medical conditions is subject to review and approval by the
1720	local emergency management agency. During its review, the local
1721	emergency management agency shall ensure that the agency and the
1722	Department of Community Affairs following agencies, at a
1723	minimum, are given the opportunity to review the plan: the
1724	Agency for Health Care Administration, the Agency for Persons
1725	with Disabilities, and the Department of Community Affairs.
1726	Also, appropriate volunteer organizations must be given the
1727	opportunity to review the plan. The local emergency management
1728	agency shall complete its review within 60 days and either
1729	approve the plan or advise the facility of necessary revisions.
1730	(9)(10)  The agency may conduct unannounced inspections to
1731	determine compliance by foster care residential facilities,
1732	group home facilities, residential habilitation centers, and
1733	comprehensive transitional education programs with the
1734	applicable provisions of this chapter and the rules adopted
1735	pursuant hereto, including the rules adopted for training staff
1736	of a facility or a program to detect and prevent sexual abuse of
1737	residents and clients. The facility or program shall make copies
1738	of inspection reports available to the public upon request.
1739	(11)  An alternative living center and an independent
1740	living education center, as defined in s. 393.063, shall be
1741	subject to the provisions of s. 419.001, except that such
1742	centers shall be exempt from the 1,000-foot-radius requirement
1743	of s. 419.001(2) if:
1744	(a)  Such centers are located on a site zoned in a manner
1745	so that all the component centers of a comprehensive transition
1746	education center may be located thereon; or
1747	(b)  There are no more than three such centers within said
1748	radius of 1,000 feet.
1749	(10)(12)  Each residential facility or comprehensive
1750	transitional education program licensed under this section by
1751	the agency shall forward annually to the agency a true and
1752	accurate sworn statement of its costs of providing care to
1753	clients funded by the agency.
1754	(11)(13)  The agency may audit the records of any
1755	residential facility or comprehensive transitional education
1756	program that it has reason to believe may not be in full
1757	compliance with the provisions of this section; provided that,
1758	any financial audit of such facility or program shall be limited
1759	to the records of clients funded by the agency.
1760	(12)(14)  The agency shall establish, for the purpose of
1761	control of licensure costs, a uniform management information
1762	system and a uniform reporting system with uniform definitions
1763	and reporting categories.
1764	(13)(15)  Facilities and programs licensed pursuant to this
1765	section shall adhere to all rights specified in s. 393.13,
1766	including those enumerated in s. 393.13(4).
1767	(14)(16)  An No unlicensed residential facility or
1768	comprehensive transitional education program may not shall
1769	receive state funds. A license for the operation of a facility
1770	or program shall not be renewed if the licensee has any
1771	outstanding fines assessed pursuant to this chapter wherein
1772	final adjudication of such fines has been entered.
1773	(15)(17)  The agency is shall not be required to contract
1774	with new facilities licensed after October 1, 1989, pursuant to
1775	this chapter. Pursuant to chapter 287, the agency shall continue
1776	to contract within available resources for residential services
1777	with facilities licensed prior to October 1, 1989, if such
1778	facilities comply with the provisions of this chapter and all
1779	other applicable laws and regulations.
1780	Section 20.  Section 393.0673, Florida Statutes, is amended
1781	to read:
1782	393.0673  Denial, suspension, revocation of license;
1783	moratorium on admissions; administrative fines; procedures.--
1784	(1)  The agency may deny, revoke, or suspend a license or
1785	impose an administrative fine, not to exceed $1,000 per
1786	violation per day, if the applicant or licensee:
1787	(a)  Has falsely represented, or omitted a material fact in
1788	its license application submitted under s. 393.067.
1789	(b)  Has had prior action taken against it under the
1790	Medicaid or Medicare program.
1791	(c)  Has failed to comply with the applicable requirements
1792	of this chapter or rules applicable to the applicant or licensee
1793	for a violation of any provision of s. 393.0655 or s. 393.067 or
1794	rules adopted pursuant thereto.
1795	(2)  All hearings shall be held within the county in which
1796	the licensee or applicant operates or applies for a license to
1797	operate a facility as defined herein.
1798	(3)(2)  The agency, as a part of any final order issued by
1799	it under the provisions of this chapter, may impose such fine as
1800	it deems proper, except that such fine may not exceed $1,000 for
1801	each violation. Each day a violation of this chapter occurs
1802	constitutes a separate violation and is subject to a separate
1803	fine, but in no event may the aggregate amount of any fine
1804	exceed $10,000. Fines paid by any facility licensee under the
1805	provisions of this subsection shall be deposited in the Resident
1806	Protection Trust Fund and expended as provided in s. 400.063.
1807	(4)(3)  The agency may issue an order immediately
1808	suspending or revoking a license when it determines that any
1809	condition in the facility presents a danger to the health,
1810	safety, or welfare of the residents in the facility.
1811	(5)(4)  The agency may impose an immediate moratorium on
1812	admissions to any facility when the department determines that
1813	any condition in the facility presents a threat to the health,
1814	safety, or welfare of the residents in the facility.
1815	(6)  The agency shall establish by rule criteria for
1816	evaluating the severity of violations and for determining the
1817	amount of fines imposed.
1818	Section 21.  Subsection (1) of section 393.0674, Florida
1819	Statutes, is amended to read:
1820	393.0674  Penalties.--
1821	(1)  It is a misdemeanor of the first degree, punishable as
1822	provided in s. 775.082 or s. 775.083, for any person willfully,
1823	knowingly, or intentionally to:
1824	(a)  Fail, by false statement, misrepresentation,
1825	impersonation, or other fraudulent means, to disclose in any
1826	application for voluntary or paid employment a material fact
1827	used in making a determination as to such person's
1828	qualifications to be a direct service provider;
1829	(b)  Provide or attempt to provide supports or services
1830	with direct service providers who are not in compliance
1831	noncompliance with the background screening requirements minimum
1832	standards for good moral character as contained in this chapter;
1833	or
1834	(c)  Use information from the criminal records or central
1835	abuse hotline obtained under s. 393.0655, s. 393.066, or s.
1836	393.067 for any purpose other than screening that person for
1837	employment as specified in those sections or release such
1838	information to any other person for any purpose other than
1839	screening for employment as specified in those sections.
1840	Section 22.  Subsection (3) of section 393.0675, Florida
1841	Statutes, is amended to read:
1842	393.0675  Injunctive proceedings authorized.--
1843	(3)  The agency may institute proceedings for an injunction
1844	in a court of competent jurisdiction to terminate the operation
1845	of a provider of supports or services if such provider has
1846	willfully and knowingly refused to comply with the screening
1847	requirement for direct service providers or has refused to
1848	terminate direct service providers found not to be in compliance
1849	with such the requirements for good moral character.
1850	Section 23.  Subsection (1) of section 393.0678, Florida
1851	Statutes, is amended to read:
1852	393.0678  Receivership proceedings.--
1853	(1)  The agency may petition a court of competent
1854	jurisdiction for the appointment of a receiver for an
1855	intermediate care facility for the developmentally disabled, a
1856	residential habilitation center, or a group home facility owned
1857	and operated by a corporation or partnership when any of the
1858	following conditions exist:
1859	(a)  Any person is operating a facility without a license
1860	and refuses to make application for a license as required by s.
1861	393.067 or, in the case of an intermediate care facility for the
1862	developmentally disabled, as required by ss. 393.067 and
1863	400.062.
1864	(b)  The licensee is closing the facility or has informed
1865	the department that it intends to close the facility; and
1866	adequate arrangements have not been made for relocation of the
1867	residents within 7 days, exclusive of weekends and holidays, of
1868	the closing of the facility.
1869	(c)  The agency determines that conditions exist in the
1870	facility which present an imminent danger to the health, safety,
1871	or welfare of the residents of the facility or which present a
1872	substantial probability that death or serious physical harm
1873	would result therefrom. Whenever possible, the agency shall
1874	facilitate the continued operation of the program.
1875	(d)  The licensee cannot meet its financial obligations to
1876	provide food, shelter, care, and utilities. Evidence such as the
1877	issuance of bad checks or the accumulation of delinquent bills
1878	for such items as personnel salaries, food, drugs, or utilities
1879	constitutes prima facie evidence that the ownership of the
1880	facility lacks the financial ability to operate the home in
1881	accordance with the requirements of this chapter and all rules
1882	promulgated thereunder.
1883	Section 24.  Subsections (1), (2), (3), (5), and (7) of
1884	section 393.068, Florida Statutes, are amended to read:
1885	393.068  Family care program.--
1886	(1)  The family care program is established for the purpose
1887	of providing services and support to families and individuals
1888	with developmental disabilities in order to maintain the
1889	individual in the home environment and avoid costly out-of-home
1890	residential placement. Services and support available to
1891	families and individuals with developmental disabilities shall
1892	emphasize community living and self-determination and enable
1893	individuals with developmental disabilities to enjoy typical
1894	lifestyles. One way to accomplish this is to recognize that
1895	families are the greatest resource available to individuals who
1896	have developmental disabilities and must be supported in their
1897	role as primary care givers.
1898	(2)  Services and support authorized under the family care
1899	this program shall, to the extent of available resources,
1900	include the services listed under s. 393.066 and, in addition,
1901	shall include, but not be limited to:
1902	(a)  Attendant care.
1903	(b)  Barrier-free modifications to the home.
1904	(c)  Home visitation by agency workers.
1905	(d)  In-home subsidies.
1906	(e)  Low-interest loans.
1907	(f)  Modifications for vehicles used to transport the
1908	individual with a developmental disability.
1909	(g)  Facilitated communication.
1910	(h)  Family counseling.
1911	(i)  Equipment and supplies.
1912	(j)  Self-advocacy training.
1913	(k)  Roommate services.
1914	(l)  Integrated community activities.
1915	(m)  Emergency services.
1916	(n)  Support coordination.
1917	(o)  Supported employment.
1918	(o)(p)  Other support services as identified by the family
1919	or individual.
1920	(3)  When it is determined by the agency to be more cost-
1921	effective and in the best interest of the client to maintain
1922	such client in the home of a direct service provider, the parent
1923	or guardian of the client or, if competent, the client may
1924	enroll the client in the family care program. The direct service
1925	provider of a client enrolled in the family care program shall
1926	be reimbursed according to a rate schedule set by the agency,
1927	except that. in-home subsidies cited in paragraph (2)(d) shall
1928	be provided in accordance with according to s. 393.0695 and are
1929	not subject to any other payment method or rate schedule
1930	provided for in this section.
1931	(5)  The agency may contract for the provision of any
1932	portion of the services required by the program, except for in-
1933	home subsidies cited in paragraph (2)(d), which shall be
1934	provided pursuant to s. 393.0695. Otherwise, purchase of service
1935	contracts shall be used whenever the services so provided are
1936	more cost-efficient than those provided by the agency.
1937	(7)  To provide a range of personal care services for the
1938	client, the use of volunteers shall be maximized. The agency
1939	shall assure appropriate insurance coverage to protect
1940	volunteers from personal liability while acting within the scope
1941	of their volunteer assignments under the program.
1942	Section 25.  Subsection (3) of section 393.0695, Florida
1943	Statutes, is amended, and subsection (5) is added to that
1944	section, to read:
1945	393.0695  Provision of in-home subsidies.--
1946	(3)  In-home subsidies must be based on an individual
1947	determination of need and must not exceed maximum amounts set by
1948	the agency and reassessed by the agency quarterly annually.
1949	(5)  The agency shall adopt rules to administer this
1950	section, including standards and procedures governing
1951	eligibility for services, selection of housing, selection of
1952	providers, and planning for services, and requirements for
1953	ongoing monitoring.
1954	Section 26.  Subsection (2) of section 393.075, Florida
1955	Statutes, is amended to read:
1956	393.075  General liability coverage.--
1957	(2)  The Division of Risk Management of the Department of
1958	Financial Services shall provide coverage through the agency to
1959	any person who owns or operates a foster care facility or group
1960	home facility solely for the agency, who cares for children
1961	placed by developmental services staff of the agency, and who is
1962	licensed pursuant to s. 393.067 to provide such supervision and
1963	care in his or her place of residence. The coverage shall be
1964	provided from the general liability account of the State Risk
1965	Management Trust Fund. The coverage is limited to general
1966	liability claims arising from the provision of supervision and
1967	care of children in a foster care facility or group home
1968	facility pursuant to an agreement with the agency and pursuant
1969	to guidelines established through policy, rule, or statute.
1970	Coverage shall be subject to the limits provided in ss. 284.38
1971	and 284.385, and the exclusions set forth therein, together with
1972	other exclusions as may be set forth in the certificate of
1973	coverage issued by the trust fund. A person covered under the
1974	general liability account pursuant to this subsection shall
1975	immediately notify the Division of Risk Management of the
1976	Department of Financial Services of any potential or actual
1977	claim.
1978	Section 27.  Section 393.11, Florida Statutes, is amended
1979	to read:
1980	393.11  Involuntary admission to residential services.--
1981	(1)  JURISDICTION.--When a person who has been determined
1982	eligible for services for mental retardation under this chapter
1983	is mentally retarded and requires involuntary admission to
1984	residential services provided by the agency, the circuit court
1985	of the county in which the person resides shall have
1986	jurisdiction to conduct a hearing and enter an order
1987	involuntarily admitting the person in order that the person may
1988	receive the care, treatment, habilitation, and rehabilitation
1989	which the person needs. For the purpose of identifying mental
1990	retardation, diagnostic capability shall be established by the
1991	agency. The involuntary commitment of a person with mental
1992	retardation or autism who is charged with a felony offense shall
1993	be determined in accordance with s. 916.302. Except as otherwise
1994	specified, the proceedings under this section shall be governed
1995	by the Florida Rules of Civil Procedure.
1996	(2)  PETITION.--
1997	(a)  A petition for involuntary admission to residential
1998	services may be executed by a petitioning commission. For
1999	proposed involuntary admission to residential services arising
2000	out of chapter 916, the petition may be filed by a petitioning
2001	commission, the agency, the state attorney of the circuit from
2002	which the defendant was committed, or the defendant's attorney.
2003	(b)  The petitioning commission shall consist of three
2004	persons.  One of these persons shall be a physician licensed and
2005	practicing under chapter 458 or chapter 459.
2006	(c)  The petition shall be verified and shall:
2007	1.  State the name, age, and present address of the
2008	commissioners and their relationship to the person with mental
2009	retardation or autism;
2010	2.  State the name, age, county of residence, and present
2011	address of the person with mental retardation or autism;
2012	3.  Allege that the commission believes that the person
2013	needs involuntary residential services and specify the factual
2014	information on which the such belief is based;
2015	4.  Allege that the person lacks sufficient capacity to
2016	give express and informed consent to a voluntary application for
2017	services and lacks the basic survival and self-care skills to
2018	provide for the person's well-being or is likely to physically
2019	injure others if allowed to remain at liberty; and
2020	5.  State which residential setting is the least
2021	restrictive and most appropriate alternative and specify the
2022	factual information on which the such belief is based.
2023	(d)  The petition shall be filed in the circuit court of
2024	the county in which the person with mental retardation or autism
2025	resides.
2026	(3)  NOTICE.--
2027	(a)  Notice of the filing of the petition shall be given to
2028	the individual and his or her legal guardian. The notice shall
2029	be given both verbally and in writing in the language of the
2030	client, or in other modes of communication of the client, and in
2031	English. Notice shall also be given to such other persons as the
2032	court may direct. The petition for involuntary admission to
2033	residential services shall be served with the notice.
2034	(b)  Whenever a motion or petition has been filed pursuant
2035	to s. 916.303 to dismiss criminal charges against a defendant
2036	with retardation or autism, and a petition is filed to
2037	involuntarily admit the defendant to residential services under
2038	this section, the notice of the filing of the petition shall
2039	also be given to the defendant's attorney, and to the state
2040	attorney of the circuit from which the defendant was committed,
2041	and the agency.
2042	(c)  The notice shall state that a hearing shall be set to
2043	inquire into the need of the person with mental retardation or
2044	autism for involuntary residential services. The notice shall
2045	also state the date of the hearing on the petition.
2046	(d)  The notice shall state that the individual with mental
2047	retardation or autism has the right to be represented by counsel
2048	of his or her own choice and that, if the person cannot afford
2049	an attorney, the court shall appoint one.
2050	(4)  AGENCY DEVELOPMENTAL SERVICES PARTICIPATION.--
2051	(a)  Upon receiving the petition, the court shall
2052	immediately order the developmental services program of the
2053	agency to examine the person being considered for involuntary
2054	admission to residential services.
2055	(b)  Following examination, the agency shall file After the
2056	developmental services program examines the person, a written
2057	report shall be filed with the court not less than 10 working
2058	days before the date of the hearing. The report must shall be
2059	served on the petitioner, the person with mental retardation,
2060	and the person's attorney at the time the report is filed with
2061	the court.
2062	(c)  The report must shall contain the findings of the
2063	agency's developmental services program evaluation, and any
2064	recommendations deemed appropriate, and a determination of
2065	whether the person is eligible for services under this chapter.
2066	(5)  EXAMINING COMMITTEE.--
2067	(a)  Upon receiving the petition, the court shall
2068	immediately appoint an examining committee to examine the person
2069	being considered for involuntary admission to residential
2070	services provided by of the developmental services program of
2071	the agency.
2072	(b)  The court shall appoint no fewer than three
2073	disinterested experts who have demonstrated to the court an
2074	expertise in the diagnosis, evaluation, and treatment of persons
2075	with mental retardation. The committee must shall include at
2076	least one licensed and qualified physician, one licensed and
2077	qualified psychologist, and one qualified professional with a
2078	minimum of a masters degree in social work, special education,
2079	or vocational rehabilitation counseling, to examine the person
2080	and to testify at the hearing on the involuntary admission to
2081	residential services.
2082	(c)  Counsel for the person who is being considered for
2083	involuntary admission to residential services and counsel for
2084	the petition commission has shall have the right to challenge
2085	the qualifications of those appointed to the examining
2086	committee.
2087	(d)  Members of the committee may shall not be employees of
2088	the agency or be associated with each other in practice or in
2089	employer-employee relationships. Members of the committee may
2090	shall not have served as members of the petitioning commission.
2091	Members of the committee may shall not be employees of the
2092	members of the petitioning commission or be associated in
2093	practice with members of the commission.
2094	(e)  The committee shall prepare a written report for the
2095	court. The report must shall explicitly document the extent that
2096	the person meets the criteria for involuntary admission. The
2097	report, and expert testimony, must shall include, but not be
2098	limited to:
2099	1.  The degree of the person's mental retardation and
2100	whether, using diagnostic capabilities established by the
2101	agency, the person is eligible for agency services;
2102	2.  Whether, because of the person's degree of mental
2103	retardation, the person:
2104	a.  Lacks sufficient capacity to give express and informed
2105	consent to a voluntary application for services pursuant to s.
2106	393.065;
2107	b.  Lacks basic survival and self-care skills to such a
2108	degree that close supervision and habilitation in a residential
2109	setting is necessary and if not provided would result in a real
2110	and present threat of substantial harm to the person's well-
2111	being; or
2112	c.  Is likely to physically injure others if allowed to
2113	remain at liberty.
2114	3.  The purpose to be served by residential care;
2115	4.  A recommendation on the type of residential placement
2116	which would be the most appropriate and least restrictive for
2117	the person; and
2118	5.  The appropriate care, habilitation, and treatment.
2119	(f)  The committee shall file the report with the court not
2120	less than 10 working days before the date of the hearing. The
2121	report shall be served on the petitioner, the person with mental
2122	retardation, and the person's attorney at the time the report is
2123	filed with the court, and the agency.
2124	(g)  Members of the examining committee shall receive a
2125	reasonable fee to be determined by the court. The fees are to be
2126	paid from the general revenue fund of the county in which the
2127	person with mental retardation resided when the petition was
2128	filed.
2129	(h)  The agency shall develop and prescribe by rule one or
2130	more standard forms to be used as a guide for members of the
2131	examining committee.
2132	(6)  COUNSEL; GUARDIAN AD LITEM.--
2133	(a)  The person with mental retardation shall be
2134	represented by counsel at all stages of the judicial proceeding.
2135	In the event the person is indigent and cannot afford counsel,
2136	the court shall appoint a public defender not less than 20
2137	working days before the scheduled hearing. The person's counsel
2138	shall have full access to the records of the service provider
2139	and the agency. In all cases, the attorney shall represent the
2140	rights and legal interests of the person with mental
2141	retardation, regardless of who may initiate the proceedings or
2142	pay the attorney's fee.
2143	(b)  If the attorney, during the course of his or her
2144	representation, reasonably believes that the person with mental
2145	retardation cannot adequately act in his or her own interest,
2146	the attorney may seek the appointment of a guardian ad litem. A
2147	prior finding of incompetency is not required before a guardian
2148	ad litem is appointed pursuant to this section.
2149	(7)  HEARING.--
2150	(a)  The hearing for involuntary admission shall be
2151	conducted, and the order shall be entered, in the county in
2152	which the petition is filed person is residing or be as
2153	convenient to the person as may be consistent with orderly
2154	procedure. The hearing shall be conducted in a physical setting
2155	not likely to be injurious to the person's condition.
2156	(b)  A hearing on the petition must shall be held as soon
2157	as practicable after the petition is filed, but reasonable delay
2158	for the purpose of investigation, discovery, or procuring
2159	counsel or witnesses shall be granted.
2160	(c)  The court may appoint a general or special magistrate
2161	to preside. Except as otherwise specified, the magistrate's
2162	proceeding shall be governed by the rule 1.490, Florida Rules of
2163	Civil Procedure.
2164	(d)  The person with mental retardation shall be physically
2165	present throughout the entire proceeding. If the person's
2166	attorney believes that the person's presence at the hearing is
2167	not in the person's best interest, the person's presence may be
2168	waived once the court has seen the person and the hearing has
2169	commenced.
2170	(e)  The person has shall have the right to present
2171	evidence and to cross-examine all witnesses and other evidence
2172	alleging the appropriateness of the person's admission to
2173	residential care. Other relevant and material evidence regarding
2174	the appropriateness of the person's admission to residential
2175	services; the most appropriate, least restrictive residential
2176	placement; and the appropriate care, treatment, and habilitation
2177	of the person, including written or oral reports, may be
2178	introduced at the hearing by any interested person.
2179	(f)  The petitioning commission may be represented by
2180	counsel at the hearing. The petitioning commission shall have
2181	the right to call witnesses, present evidence, cross-examine
2182	witnesses, and present argument on behalf of the petitioning
2183	commission.
2184	(g)  All evidence shall be presented according to chapter
2185	90. The burden of proof shall be on the party alleging the
2186	appropriateness of the person's admission to residential
2187	services. The burden of proof shall be by clear and convincing
2188	evidence.
2189	(h)  All stages of each proceeding shall be
2190	stenographically reported.
2191	(8)  ORDER.--
2192	(a)  In all cases, the court shall issue written findings
2193	of fact and conclusions of law to support its decision. The
2194	order must shall state the basis for the such findings of fact.
2195	(b)  An order of involuntary admission to residential
2196	services may shall not be entered unless the court finds that:
2197	1.  The person is mentally retarded or autistic;
2198	2.  Placement in a residential setting is the least
2199	restrictive and most appropriate alternative to meet the
2200	person's needs; and
2201	3.  Because of the person's degree of mental retardation or
2202	autism, the person:
2203	a.  Lacks sufficient capacity to give express and informed
2204	consent to a voluntary application for services pursuant to s.
2205	393.065 and lacks basic survival and self-care skills to such a
2206	degree that close supervision and habilitation in a residential
2207	setting is necessary and, if not provided, would result in a
2208	real and present threat of substantial harm to the person's
2209	well-being; or
2210	b.  Is likely to physically injure others if allowed to
2211	remain at liberty.
2212	(c)  If the evidence presented to the court is not
2213	sufficient to warrant involuntary admission to residential
2214	services, but the court feels that residential services would be
2215	beneficial, the court may recommend that the person seek
2216	voluntary admission.
2217	(d)  If an order of involuntary admission to residential
2218	services provided by the developmental services program of the
2219	agency is entered by the court, a copy of the written order
2220	shall be served upon the person, the person's counsel, the
2221	agency, and the state attorney and the person's defense counsel,
2222	if applicable. The order of involuntary admission sent to the
2223	agency shall also be accompanied by a copy of the examining
2224	committee's report and other reports contained in the court
2225	file.
2226	(e)  Upon receiving the order, the agency shall, within 45
2227	days, provide the court with a copy of the person's family or
2228	individual support plan and copies of all examinations and
2229	evaluations, outlining the treatment and rehabilitative
2230	programs. The agency shall document that the person has been
2231	placed in the most appropriate, least restrictive and cost-
2232	beneficial residential setting facility. A copy of the family or
2233	individual support plan and other examinations and evaluations
2234	shall be served upon the person and the person's counsel at the
2235	same time the documents are filed with the court.
2236	(9)  EFFECT OF THE ORDER OF INVOLUNTARY ADMISSION TO
2237	RESIDENTIAL SERVICES.--
2238	(a)  In no case shall An order authorizing an admission to
2239	residential care may not be considered an adjudication of mental
2240	incompetency. A No person is not shall be presumed incompetent
2241	solely by reason of the person's involuntary admission to
2242	residential services. A No person may not shall be denied the
2243	full exercise of all legal rights guaranteed to citizens of this
2244	state and of the United States.
2245	(b)  Any minor involuntarily admitted to residential
2246	services shall, upon reaching majority, be given a hearing to
2247	determine the continued appropriateness of his or her
2248	involuntary admission.
2249	(10)  COMPETENCY.--
2250	(a)  The issue of competency shall be separate and distinct
2251	from a determination of the appropriateness of involuntary
2252	admission to residential services for a condition of mental
2253	retardation.
2254	(b)  The issue of the competency of a person with mental
2255	retardation for purposes of assigning guardianship shall be
2256	determined in a separate proceeding according to the procedures
2257	and requirements of chapter 744 and the Florida Probate Rules.
2258	The issue of the competency of a person with mental retardation
2259	or autism for purposes of determining whether the person is
2260	competent to proceed in a criminal trial shall be determined in
2261	accordance with chapter 916.
2262	(11)  CONTINUING JURISDICTION.--The court which issues the
2263	initial order for involuntary admission to residential services
2264	under this section has shall have continuing jurisdiction to
2265	enter further orders to ensure that the person is receiving
2266	adequate care, treatment, habilitation, and rehabilitation,
2267	including psychotropic medication and behavioral programming.
2268	Upon request, the court may transfer the continuing jurisdiction
2269	to the court where a client resides if it is different from
2270	where the original involuntary admission order was issued. A No
2271	person may not be released from an order for involuntary
2272	admission to residential services except by the order of the
2273	court.
2274	(12)  APPEAL.--
2275	(a)  Any party to the proceeding who is affected by an
2276	order of the court may appeal to the appropriate district court
2277	of appeal within the time and in the manner prescribed by the
2278	Florida Rules of Appellate Procedure.
2279	(b)  The filing of an appeal by the person with mental
2280	retardation shall stay admission of the person into residential
2281	care. The stay shall remain in effect during the pendency of all
2282	review proceedings in Florida courts until a mandate issues.
2283	(13)  HABEAS CORPUS.--At any time and without notice, any
2284	person involuntarily admitted into residential care to the
2285	developmental services program of the agency, or the person's
2286	parent or legal guardian in his or her behalf, is entitled to
2287	file a petition for a writ of habeas corpus to question the
2288	cause, legality, and appropriateness of the person's involuntary
2289	admission. Each person, or the person's parent or legal
2290	guardian, shall receive specific written notice of the right to
2291	petition for a writ of habeas corpus at the time of his or her
2292	involuntary placement.
2293	Section 28.  Section 393.122, Florida Statutes, is amended
2294	to read:
2295	393.122  Applications for continued residential services.--
2296	(1)  If a client is discharged from residential services
2297	under the provisions of s. 393.115 this section, application for
2298	needed services shall be encouraged.
2299	(2)  A No client receiving services from a state agency may
2300	not the department as of July 1, 1977, shall be denied continued
2301	services due to any change in eligibility requirements by
2302	chapter 77-335, Laws of Florida.
2303	Section 29.  Section 393.13, Florida Statutes, is amended
2304	to read:
2305	393.13  Personal Treatment of persons with developmental
2306	disabilities who are developmentally disabled.--
2307	(1)  SHORT TITLE.--This section act shall be known as "The
2308	Bill of Rights of Persons with Developmental Disabilities Who
2309	are Developmentally Disabled."
2310	(2)  LEGISLATIVE INTENT.--
2311	(a)  The Legislature finds and declares that the system of
2312	care provided to individuals with developmental disabilities who
2313	are developmentally disabled must be designed to meet the needs
2314	of the clients as well as protect the integrity of their legal
2315	and human rights.
2316	(b)  The Legislature further finds and declares that the
2317	design and delivery of treatment and services to persons with
2318	developmental disabilities who are developmentally disabled
2319	should be directed by the principles of self-determination
2320	normalization and therefore should:
2321	1.  Abate the use of large institutions.
2322	2.  Continue the development of community-based services
2323	that which provide reasonable alternatives to
2324	institutionalization in settings that are least restrictive to
2325	the client and that provide opportunities for inclusion in the
2326	community.
2327	3.  Provide training and education that to individuals who
2328	are developmentally disabled which will maximize their potential
2329	to lead independent and productive lives and that which will
2330	afford opportunities for outward mobility from institutions.
2331	4.  Reduce the use of sheltered workshops and other
2332	noncompetitive employment day activities and promote
2333	opportunities for those gainful employment for persons with
2334	developmental disabilities who choose to seek such employment.
2335	(c)  It is the intent of the Legislature that duplicative
2336	and unnecessary administrative procedures and practices shall be
2337	eliminated, and areas of responsibility shall be clearly defined
2338	and consolidated in order to economically utilize present
2339	resources. Furthermore, personnel providing services should be
2340	sufficiently qualified and experienced to meet the needs of the
2341	clients, and they must be sufficient in number to provide
2342	treatment in a manner which is beneficial to the clients.
2343	(d)  It is the intent of the Legislature:
2344	1.  To articulate the existing legal and human rights of
2345	persons with developmental disabilities who are developmentally
2346	disabled so that they may be exercised and protected. Persons
2347	with developmental disabilities shall have all the rights
2348	enjoyed by citizens of the state and the United States.
2349	2.  To provide a mechanism for the identification,
2350	evaluation, and treatment of persons with developmental
2351	disabilities.
2352	3.  To divert those individuals from institutional
2353	commitment who, by virtue of comprehensive assessment, can be
2354	placed in less costly, more effective community environments and
2355	programs.
2356	4.  To fund improvements in the program in accordance with
2357	the availability of state resources and yearly priorities
2358	determined by the Legislature.
2359	5.  To ensure that persons with developmental disabilities
2360	receive treatment and habilitation which fosters the
2361	developmental potential of the individual.
2362	6.  To provide programs for the proper habilitation and
2363	treatment of persons with developmental disabilities which shall
2364	include, but not be limited to, comprehensive medical/dental
2365	care, education, recreation, specialized therapies, training,
2366	social services, transportation, guardianship, family care
2367	programs, day habilitation services, and habilitative and
2368	rehabilitative services suited to the needs of the individual
2369	regardless of age, degree of disability, or handicapping
2370	condition. It is the intent of the Legislature that no person
2371	with developmental disabilities shall be deprived of these
2372	enumerated services by reason of inability to pay.
2373	7.  To fully effectuate the principles of self-
2374	determination normalization principle through the establishment
2375	of community services for persons with developmental
2376	disabilities as a viable and practical alternative to
2377	institutional care at each stage of individual life development
2378	and to promote opportunities for community inclusion. If care in
2379	a residential facility becomes necessary, it shall be in the
2380	least restrictive setting.
2381	8.  To minimize and achieve an ongoing reduction in the use
2382	of restraint and seclusion in facilities and programs serving
2383	persons with developmental disabilities.
2384	(e)  It is the clear, unequivocal intent of this act to
2385	guarantee individual dignity, liberty, pursuit of happiness, and
2386	protection of the civil and legal rights of persons with
2387	developmental disabilities.
2388	(3)  RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL
2389	DISABILITIES.--The rights described in this subsection shall
2390	apply to all persons with developmental disabilities, whether or
2391	not such persons are clients of the agency.
2392	(a)  Persons with developmental disabilities shall have a
2393	right to dignity, privacy, and humane care, including the right
2394	to be free from sexual abuse in residential facilities.
2395	(b)  Persons with developmental disabilities shall have the
2396	right to religious freedom and practice. Nothing shall restrict
2397	or infringe on a person's right to religious preference and
2398	practice.
2399	(c)  Persons with developmental disabilities shall receive
2400	services, within available sources, which protect the personal
2401	liberty of the individual and which are provided in the least
2402	restrictive conditions necessary to achieve the purpose of
2403	treatment.
2404	(d)  Persons with developmental disabilities who are
2405	developmentally disabled shall have a right to participate in an
2406	appropriate program of quality education and training services,
2407	within available resources, regardless of chronological age or
2408	degree of disability. Such persons may be provided with
2409	instruction in sex education, marriage, and family planning.
2410	(e)  Persons with developmental disabilities who are
2411	developmentally disabled shall have a right to social
2412	interaction and to participate in community activities.
2413	(f)  Persons with developmental disabilities who are
2414	developmentally disabled shall have a right to physical exercise
2415	and recreational opportunities.
2416	(g)  Persons with developmental disabilities who are
2417	developmentally disabled shall have a right to be free from
2418	harm, including unnecessary physical, chemical, or mechanical
2419	restraint, isolation, excessive medication, abuse, or neglect.
2420	(h)  Persons with developmental disabilities who are
2421	developmentally disabled shall have a right to consent to or
2422	refuse treatment, subject to the provisions of s. 393.12(2)(a)
2423	or chapter 744.
2424	(i)  No otherwise qualified person shall, by reason of
2425	having a developmental disability, be excluded from
2426	participation in, or be denied the benefits of, or be subject to
2427	discrimination under, any program or activity which receives
2428	public funds, and all prohibitions set forth under any other
2429	statute shall be actionable under this statute.
2430	(j)  No otherwise qualified person shall, by reason of
2431	having a developmental disability, be denied the right to vote
2432	in public elections.
2433	(4)  CLIENT RIGHTS.--For purposes of this subsection, the
2434	term "client," as defined in s. 393.063, shall also include any
2435	person served in a facility licensed under pursuant to s.
2436	393.067.
2437	(a)  Clients shall have an unrestricted right to
2438	communication:
2439	1.  Each client is shall be allowed to receive, send, and
2440	mail sealed, unopened correspondence. A No client's incoming or
2441	outgoing correspondence may not shall be opened, delayed, held,
2442	or censored by the facility unless there is reason to believe
2443	that it contains items or substances which may be harmful to the
2444	client or others, in which case the chief administrator of the
2445	facility may direct reasonable examination of such mail and
2446	regulate the disposition of such items or substances.
2447	2.  Clients in residential facilities shall be afforded
2448	reasonable opportunities for telephone communication, to make
2449	and receive confidential calls, unless there is reason to
2450	believe that the content of the telephone communication may be
2451	harmful to the client or others, in which case the chief
2452	administrator of the facility may direct reasonable observation
2453	and monitoring to the telephone communication.
2454	3.  Clients shall have an unrestricted right to visitation
2455	subject to reasonable rules of the facility. However, nothing in
2456	this provision may not shall be construed to permit infringement
2457	upon other clients' rights to privacy.
2458	(b)  Each client has the right to the possession and use of
2459	his or her own clothing and personal effects, except in those
2460	specific instances where the use of some of these items as
2461	reinforcers is essential for training the client as part of an
2462	appropriately approved behavioral program. The chief
2463	administrator of the facility may take temporary custody of such
2464	effects when it is essential to do so for medical or safety
2465	reasons. Custody of such personal effects shall be promptly
2466	recorded in the client's record, and a receipt for such effects
2467	shall be immediately given to the client, if competent, or the
2468	client's parent or legal guardian.
2469	1.  All money belonging to a client held by the agency
2470	shall be held in compliance with s. 402.17(2).
2471	2.  All interest on money received and held for the
2472	personal use and benefit of a client shall be the property of
2473	that client and may shall not accrue to the general welfare of
2474	all clients or be used to defray the cost of residential care.
2475	Interest so accrued shall be used or conserved for the personal
2476	use or benefit of the individual client as provided in s.
2477	402.17(2).
2478	3.  Upon the discharge or death of a client, a final
2479	accounting shall be made of all personal effects and money
2480	belonging to the client held by the agency. All such personal
2481	effects and money, including interest, shall be promptly turned
2482	over to the client or his or her heirs.
2483	(c)  Each client shall receive prompt and appropriate
2484	medical treatment and care for physical and mental ailments and
2485	for the prevention of any illness or disability. Medical
2486	treatment shall be consistent with the accepted standards of
2487	medical practice in the community.
2488	1.  Medication shall be administered only at the written
2489	order of a physician. Medication shall not be used as
2490	punishment, for the convenience of staff, as a substitute for
2491	implementation of an individual or family support plan or
2492	behavior-analysis services behavior modification programming, or
2493	in unnecessary or excessive quantities.
2494	2.  Daily notation of medication received by each client in
2495	a residential facility shall be kept in the client's record.
2496	3.  Periodically, but no less frequently than every 6
2497	months, the drug regimen of each client in a residential
2498	facility shall be reviewed by the attending physician or other
2499	appropriate monitoring body, consistent with appropriate
2500	standards of medical practice. All prescriptions shall have a
2501	termination date.
2502	4.  When pharmacy services are provided at any residential
2503	facility, such services shall be directed or supervised by a
2504	professionally competent pharmacist licensed according to the
2505	provisions of chapter 465.
2506	5.  Pharmacy services shall be delivered in accordance with
2507	the provisions of chapter 465.
2508	6.  Prior to instituting a plan of experimental medical
2509	treatment or carrying out any necessary surgical procedure,
2510	express and informed consent shall be obtained from the client,
2511	if competent, or the client's parent or legal guardian.
2512	Information upon which the client shall make necessary treatment
2513	and surgery decisions shall include, but not be limited to:
2514	a.  The nature and consequences of such procedures.
2515	b.  The risks, benefits, and purposes of such procedures.
2516	c.  Alternate procedures available.
2517	7.  When the parent or legal guardian of the client is
2518	unknown or unlocatable and the physician is unwilling to perform
2519	surgery based solely on the client's consent, a court of
2520	competent jurisdiction shall hold a hearing to determine the
2521	appropriateness of the surgical procedure. The client shall be
2522	physically present, unless the client's medical condition
2523	precludes such presence, represented by counsel, and provided
2524	the right and opportunity to be confronted with, and to cross-
2525	examine, all witnesses alleging the appropriateness of such
2526	procedure. In such proceedings, the burden of proof by clear and
2527	convincing evidence shall be on the party alleging the
2528	appropriateness of such procedures. The express and informed
2529	consent of a person described in subparagraph 6. may be
2530	withdrawn at any time, with or without cause, prior to treatment
2531	or surgery.
2532	8.  The absence of express and informed consent
2533	notwithstanding, a licensed and qualified physician may render
2534	emergency medical care or treatment to any client who has been
2535	injured or who is suffering from an acute illness, disease, or
2536	condition if, within a reasonable degree of medical certainty,
2537	delay in initiation of emergency medical care or treatment would
2538	endanger the health of the client.
2539	(d)  Each client shall have access to individual storage
2540	space for his or her private use.
2541	(e)  Each client shall be provided with appropriate
2542	physical exercise as prescribed in the client's individual or
2543	family support plan. Indoor and outdoor facilities and equipment
2544	for such physical exercise shall be provided.
2545	(f)  Each client shall receive humane discipline.
2546	(g)  A No client may not shall be subjected to a treatment
2547	program to eliminate problematic bizarre or unusual behaviors
2548	without first being examined by a physician who in his or her
2549	best judgment determines that such behaviors are not organically
2550	caused.
2551	1.  Treatment programs involving the use of noxious or
2552	painful stimuli are shall be prohibited.
2553	2.  All alleged violations of this paragraph shall be
2554	reported immediately to the chief administrator administrative
2555	officer of the facility and or the district administrator, the
2556	agency head, and the Florida local advocacy council. A thorough
2557	investigation of each incident shall be conducted and a written
2558	report of the finding and results of the such investigation
2559	shall be submitted to the chief administrator administrative
2560	officer of the facility or the district administrator and to the
2561	agency head within 24 hours after of the occurrence or discovery
2562	of the incident.
2563	3.  The agency shall adopt by rule a system for the
2564	oversight of behavioral programs. The Such system shall
2565	establish guidelines and procedures governing the design,
2566	approval, implementation, and monitoring of all behavioral
2567	programs involving clients. The system shall ensure statewide
2568	and local review by committees of professionals certified as
2569	behavior analysts pursuant to s. 393.17. No behavioral program
2570	shall be implemented unless reviewed according to the rules
2571	established by the agency under this section. Nothing stated in
2572	this section shall prohibit the review of programs by the
2573	Florida statewide or local advocacy councils.
2574	(h)  Each client engaged in work programs which require
2575	compliance with federal wage and hour laws shall be provided
2576	with minimum wage protection and fair compensation for labor in
2577	accordance with the federal wage-per-hour regulations.
2578	(h)(i)  Clients shall have the right to be free from
2579	unnecessary use of physical, chemical, or mechanical restraint
2580	or seclusion. Restraints and seclusion should only be used in
2581	situations in which the client or others are at risk of injury.
2582	Restraints shall be employed only in emergencies or to protect
2583	the client from imminent injury to himself or herself or others.
2584	Restraints may shall not be employed as punishment, for the
2585	convenience of staff, or as a substitute for a support
2586	habilitative plan. Restraints shall impose the least possible
2587	restrictions consistent with their purpose and shall be removed
2588	when the emergency ends. Restraints may shall not cause physical
2589	injury to the client and must shall be designed to allow the
2590	greatest possible comfort. Any instance of the use of restraint
2591	or seclusion must be documented in the facility or program
2592	record of the client.
2593	1.  Mechanical supports used in normative situations to
2594	achieve proper body position and balance shall not be considered
2595	restraints, but shall be prescriptively designed and applied
2596	under the supervision of a qualified professional with concern
2597	for principles of good body alignment, circulation, and
2598	allowance for change of position.
2599	2.  Totally enclosed cribs and barred enclosures shall be
2600	considered restraints.
2601	1.3.  Daily reports on the employment of restraint or
2602	seclusion physical, chemical, or mechanical restraints by those
2603	specialists authorized in the use of restraint and seclusion
2604	such restraints shall be made to the appropriate chief
2605	administrator of the facility or program, and a monthly
2606	compilation summary of the such reports shall be relayed to the
2607	agency's local area office district administrator and the
2608	Florida local advocacy council. The reports shall summarize all
2609	such cases of restraints, the type used, the duration of usage,
2610	and the reasons therefor. The area office Districts shall submit
2611	the districtwide quarterly reports of these summaries to the
2612	agency's headquarters state Developmental Disabilities Program
2613	Office.
2614	2.4.  The agency shall adopt by rule standards and
2615	procedures governing the use of restraint and seclusion post a
2616	copy of the rules adopted under this section in each living unit
2617	of residential facilities. A copy of the rules adopted under
2618	this subparagraph section shall be given to the client, parent,
2619	guardian or guardian advocate, and all staff members of licensed
2620	facilities and programs licensed under this chapter and shall be
2621	made a part of all staff preservice and inservice training
2622	programs.
2623	(i)(j)1.  Each client shall have a central record. The
2624	central record shall be established by the agency at the time
2625	that an individual is determined eligible for services, shall be
2626	maintained by the client's support coordinator, and must contain
2627	information include data pertaining to admission, diagnosis and
2628	treatment history, present condition, and such other information
2629	as may be required under rules of the agency. The central record
2630	is the property of the agency.
2631	1.2.  Unless waived by the client, if competent, or the
2632	client's parent or legal guardian if the client is incompetent,
2633	the client's central record shall be confidential and exempt
2634	from the provisions of s. 119.07(1), and no part of it shall be
2635	released except:
2636	a.  The record may be released to physicians, attorneys,
2637	and government agencies having need of the record to aid the
2638	client, as designated by the client, if competent, or the
2639	client's parent or legal guardian, if the client is incompetent.
2640	b.  The record shall be produced in response to a subpoena
2641	or released to persons authorized by order of court, excluding
2642	matters privileged by other provisions of law.
2643	c.  The record or any part thereof may be disclosed to a
2644	qualified researcher, a staff member of the facility where the
2645	client resides, or an employee of the agency when the
2646	administrator of the facility or the director of the agency
2647	deems it necessary for the treatment of the client, maintenance
2648	of adequate records, compilation of treatment data, or
2649	evaluation of programs.
2650	d.  Information from the records may be used for
2651	statistical and research purposes if the information is
2652	abstracted in such a way to protect the identity of individuals.
2653	3.  All central records for each client in residential
2654	facilities shall be kept on uniform forms distributed by the
2655	agency. The central record shall accurately summarize each
2656	client's history and present condition.
2657	2.4.  The client, if competent, or the client's parent or
2658	legal guardian if the client is incompetent, shall be supplied
2659	with a copy of the client's central record upon request.
2660	(j)(k)  Each client residing in a residential facility who
2661	is eligible to vote in public elections according to the laws of
2662	the state has shall have the right to vote. Facilities operators
2663	shall arrange the means to exercise the client's right to vote.
2664	(5)  LIABILITY FOR VIOLATIONS.--Any person who violates or
2665	abuses any rights or privileges of persons with developmental
2666	disabilities who are developmentally disabled provided by this
2667	chapter is act shall be liable for damages as determined by law.
2668	Any person who acts in good faith compliance with the provisions
2669	of this chapter is act shall be immune from civil or criminal
2670	liability for actions in connection with evaluation, admission,
2671	habilitative programming, education, treatment, or discharge of
2672	a client. However, this section does shall not relieve any
2673	person from liability if the such person is guilty of
2674	negligence, misfeasance, nonfeasance, or malfeasance.
2675	(6)  NOTICE OF RIGHTS.--Each person with developmental
2676	disabilities, if competent, or parent or legal guardian of such
2677	person if the person is incompetent, shall promptly receive from
2678	the agency or the Department of Education a written copy of this
2679	act. Each person with developmental disabilities able to
2680	comprehend shall be promptly informed, in the language or other
2681	mode of communication which such person understands, of the
2682	above legal rights of persons with developmental disabilities.
2683	(7)  RESIDENT GOVERNMENT.--Each residential facility
2684	providing services to clients who are desirous and capable of
2685	participating shall initiate and develop a program of resident
2686	government to hear the views and represent the interests of all
2687	clients served by the facility. The resident government shall be
2688	composed of residents elected by other residents, staff advisers
2689	skilled in the administration of community organizations, and,
2690	at the option of the resident government, representatives of
2691	advocacy groups for persons with developmental disabilities from
2692	the community a representative of the Florida local advocacy
2693	council. The resident government shall work closely with the
2694	Florida local advocacy council and the district administrator to
2695	promote the interests and welfare of all residents in the
2696	facility.
2697	Section 30.  Subsections (1), (2), (3), (4), and (5) of
2698	section 393.135, Florida Statutes, are amended to read:
2699	393.135  Sexual misconduct prohibited; reporting required;
2700	penalties.--
2701	(1)  As used in this section, the term:
2702	(a)  "Covered person" "Employee" includes any employee,
2703	paid staff member, volunteer, or intern of the agency or the
2704	department; any person under contract with the agency or the
2705	department; and any person providing care or support to a client
2706	on behalf of the agency department or its providers.
2707	(b)  "Sexual activity" means:
2708	1.  Fondling the genital area, groin, inner thighs,
2709	buttocks, or breasts of a person.
2710	2.  The oral, anal, or vaginal penetration by or union with
2711	the sexual organ of another or the anal or vaginal penetration
2712	of another by any other object.
2713	3.  Intentionally touching in a lewd or lascivious manner
2714	the breasts, genitals, the genital area, or buttocks, or the
2715	clothing covering them, of a person, or forcing or enticing a
2716	person to touch the perpetrator.
2717	4.  Intentionally masturbating in the presence of another
2718	person.
2719	5.  Intentionally exposing the genitals in a lewd or
2720	lascivious manner in the presence of another person.
2721	6.  Intentionally committing any other sexual act that does
2722	not involve actual physical or sexual contact with the victim,
2723	including, but not limited to, sadomasochistic abuse, sexual
2724	bestiality, or the simulation of any act involving sexual
2725	activity in the presence of a victim.
2726	(c)  "Sexual misconduct" means any sexual activity between
2727	a covered person an employee and a client to whom a covered
2728	person renders services, care, or support on behalf of the
2729	agency or its providers, or between a covered person and another
2730	client who lives in the same home as the client to whom a
2731	covered person is rendering the services, care, or support,
2732	regardless of the consent of the client. The term does not
2733	include an act done for a bona fide medical purpose or an
2734	internal search conducted in the lawful performance of duty by a
2735	covered person an employee.
2736	(2)  A covered person An employee who engages in sexual
2737	misconduct with an individual with a developmental disability
2738	who:
2739	(a)  Is in the custody of the department;
2740	(a)(b)  Resides in a residential facility, including any
2741	comprehensive transitional education program, developmental
2742	disabilities services institution, foster care facility, group
2743	home facility, intermediate care facility for the
2744	developmentally disabled, or residential habilitation center; or
2745	(b)(c)  Is eligible to receive Receives services from the
2746	agency under this chapter a family care program,
2747
2748	commits a felony of the second degree, punishable as provided in
2749	s. 775.082, s. 775.083, or s. 775.084. A covered person An
2750	employee may be found guilty of violating this subsection
2751	without having committed the crime of sexual battery.
2752	(3)  The consent of the client to sexual activity is not a
2753	defense to prosecution under this section.
2754	(4)  This section does not apply to a covered person an
2755	employee who:
2756	(a)  is legally married to the client; or
2757	(b)  Has no reason to believe that the person with whom the
2758	employee engaged in sexual misconduct is a client receiving
2759	services as described in subsection (2).
2760	(5)  A covered person An employee who witnesses sexual
2761	misconduct, or who otherwise knows or has reasonable cause to
2762	suspect that a person has engaged in sexual misconduct, shall
2763	immediately report the incident to the department's central
2764	abuse hotline of the Department of Children and Family Services
2765	and to the appropriate local law enforcement agency. The covered
2766	person Such employee shall also prepare, date, and sign an
2767	independent report that specifically describes the nature of the
2768	sexual misconduct, the location and time of the incident, and
2769	the persons involved. The covered person employee shall deliver
2770	the report to the supervisor or program director, who is
2771	responsible for providing copies to the agency's local office
2772	and the agency's department's inspector general. The inspector
2773	general shall immediately conduct an appropriate administrative
2774	investigation, and, if there is probable cause to believe that
2775	sexual misconduct has occurred, the inspector general shall
2776	notify the state attorney in the circuit in which the incident
2777	occurred.
2778	Section 31.  Section 393.15, Florida Statutes, is amended
2779	to read:
2780	393.15  Legislative intent; Community Resources Development
2781	Loan Program Trust Fund.--
2782	(1)  The Legislature finds and declares that the
2783	development of community-based treatment facilities for persons
2784	with developmental disabilities who are developmentally disabled
2785	is desirable and recommended and should be encouraged and
2786	fostered by the state. The Legislature further recognizes that
2787	the development of such facilities is financially difficult for
2788	private individuals, due to initial expenditures required to
2789	adapt existing structures to the special needs of such persons
2790	who are developmentally disabled who may be served in community-
2791	based foster care, group home, developmental training, and
2792	supported employment programs. Therefore, it is the intent of
2793	the Legislature intends that the agency by this act to develop
2794	and administer a loan program trust fund to provide support and
2795	encouragement in the establishment of community-based foster
2796	care, group home, developmental training, and supported
2797	employment programs for persons with developmental disabilities
2798	who are developmentally disabled.
2799	(2)  As used in this section, a foster care, group home,
2800	developmental training, or supported employment program may not
2801	be a for-profit corporation, but may be a nonprofit corporation,
2802	partnership, or sole proprietorship.
2803	(2)(3)  There is created a Community Resources Development
2804	Loan Program in Trust Fund in the State Treasury to be used by
2805	the agency for the purpose of granting loans to eligible
2806	programs for the initial costs of development of the programs.
2807	In order to be eligible for the program, a foster home, group
2808	home, or supported employment program must:
2809	(a)  Serve persons with developmental disabilities;
2810	(b)  Be a nonprofit corporation, partnership, or sole
2811	proprietorship; and
2812	(c)  Be Loans shall be made only to those facilities which
2813	are in compliance with the zoning regulations of the local
2814	community.
2815	(3)  Loans may be made to pay for the costs of development
2816	and may include structural modification, the purchase of
2817	equipment and fire and safety devices, preoperational staff
2818	training, and the purchase of insurance. Such costs may shall
2819	not include the actual construction of a facility and may not be
2820	in lieu of payment for maintenance, client services, or care
2821	provided.
2822	(4)  The agency may grant to an eligible program a lump-sum
2823	loan in one payment not to exceed the cost to the program of
2824	providing 2 months' services, care, or maintenance to each
2825	person with developmental disabilities who is developmentally
2826	disabled to be placed in the program by the agency, or the
2827	actual cost of firesafety renovations to a facility required by
2828	the state, whichever is greater. Loans granted to programs shall
2829	not be in lieu of payment for maintenance, services, or care
2830	provided, but shall stand separate and distinct.
2831	(5)  The agency shall adopt rules, as provided in chapter
2832	120, to determine the criteria standards under which a program
2833	shall be eligible to receive a loan as provided in this section
2834	and the methodology criteria for the equitable allocation of
2835	loan trust funds when eligible applications exceed the funds
2836	available.
2837	(6)(5)  Any loan granted by the agency under this section
2838	shall be repaid by the program within 5 years and the amount
2839	paid shall be deposited into the agency's Administrative Trust
2840	Fund. Moneys repaid shall be used to fund new loans. A program
2841	that operates as a nonprofit corporation meeting the
2842	requirements of s. 501(c)(3) of the Internal Revenue Code, and
2843	that seeks forgiveness of its loan shall submit to the agency an
2844	annual a statement setting forth the service it has provided
2845	during the year together with such other information as the
2846	agency by rule shall require, and, upon approval of each such
2847	annual statement, the agency may shall forgive up to 20 percent
2848	of the principal of any such loan granted after June 30, 1975.
2849	(7)(6)  If any program that has received a loan under this
2850	section ceases to accept, or provide care, services, or
2851	maintenance to persons placed in the program by the department,
2852	or if such program files papers of bankruptcy, at that point in
2853	time the loan shall become an interest-bearing loan at the rate
2854	of 5 percent per annum on the entire amount of the initial loan
2855	which shall be repaid within a 1-year period from the date on
2856	which the program ceases to provide care, services, or
2857	maintenance, or files papers in bankruptcy, and the amount of
2858	the loan due plus interest shall constitute a lien in favor of
2859	the state against all real and personal property of the program.
2860	The lien shall be perfected by the appropriate officer of the
2861	agency by executing and acknowledging a statement of the name of
2862	the program and the amount due on the loan and a copy of the
2863	promissory note, which shall be recorded by the agency with the
2864	clerk of the circuit court in the county wherein the program is
2865	located. If the program has filed a petition for bankruptcy, the
2866	agency shall file and enforce the lien in the bankruptcy
2867	proceedings. Otherwise, the lien shall be enforced in the manner
2868	provided in s. 85.011. All funds received by the agency from the
2869	enforcement of the lien shall be deposited in the agency's
2870	Administrative Community Resources Development Trust Fund and
2871	used to fund new loans.
2872	Section 32.  Section 393.17, Florida Statutes, is amended
2873	to read:
2874	393.17  Behavioral programs; certification of behavior
2875	analysts.--
2876	(1)  The agency may establish a certification process for
2877	behavior analysts in order to ensure that only qualified
2878	employees and service providers provide behavioral analysis
2879	services to clients. The procedures must be established by rule
2880	and must include criteria for scope of practice, qualifications
2881	for certification, including training and testing requirements,
2882	continuing education requirements for ongoing certification, and
2883	standards of performance. The procedures must also include
2884	decertification procedures that may be used to determine whether
2885	an individual continues to meet the qualifications for
2886	certification or the professional performance standards and, if
2887	not, the procedures necessary to decertify an employee or
2888	service provider.
2889	(2)  The agency shall may recognize the certification of
2890	behavior analysts awarded by a nonprofit corporation that
2891	adheres to the national standards of boards that determine
2892	professional credentials and whose mission is to meet
2893	professional credentialing needs identified by behavior
2894	analysts, state governments, and consumers of behavior analysis
2895	services and whose work has the support of the Association for
2896	Behavior Analysis International. The certification procedure
2897	recognized by the agency must undergo regular psychometric
2898	review and validation, pursuant to a job analysis survey of the
2899	profession and standards established by content experts in the
2900	field.
2901	Section 33.  Section 393.18, Florida Statutes, is created
2902	to read:
2903	393.18  Comprehensive transitional education program.--A
2904	comprehensive transition education program is a group of jointly
2905	operating centers or units, the collective purpose of which is
2906	to provide a sequential series of educational care, training,
2907	treatment, habilitation, and rehabilitation services to persons
2908	who have developmental disabilities and who have severe or
2909	moderate maladaptive behaviors. However, this section does not
2910	require such programs to provide services only to persons with
2911	developmental disabilities. All such services shall be temporary
2912	in nature and delivered in a structured residential setting,
2913	having the primary goal of incorporating the principle of self-
2914	determination in establishing permanent residence for persons
2915	with maladaptive behaviors in facilities that are not associated
2916	with the comprehensive transitional education program. The staff
2917	shall include behavior analysts and teachers, as appropriate,
2918	who shall be available to provide services in each component
2919	center or unit of the program. A behavior analyst must be
2920	certified pursuant to s. 393.17.
2921	(1)  Comprehensive transitional education programs shall
2922	include a minimum of two component centers or units, one of
2923	which shall be an intensive treatment and educational center or
2924	a transitional training and educational center, which provides
2925	services to persons with maladaptive behaviors in the following
2926	sequential order:
2927	(a)  Intensive treatment and educational center.--This
2928	component is a self-contained residential unit providing
2929	intensive behavioral and educational programming for persons
2930	with severe maladaptive behaviors whose behaviors preclude
2931	placement in a less-restrictive environment due to the threat of
2932	danger or injury to themselves or others. Continuous-shift staff
2933	shall be required for this component.
2934	(b)  Transitional training and educational center.--This
2935	component is a residential unit for persons with moderate
2936	maladaptive behaviors providing concentrated psychological and
2937	educational programming that emphasizes a transition toward a
2938	less-restrictive environment. Continuous-shift staff shall be
2939	required for this component.
2940	(c)  Community transition residence.--This component is a
2941	residential center providing educational programs and any
2942	support services, training, and care that are needed to assist
2943	persons with maladaptive behaviors to avoid regression to more
2944	restrictive environments while preparing them for more
2945	independent living. Continuous-shift staff shall be required for
2946	this component.
2947	(d)  Alternative living center.--This component is a
2948	residential unit providing an educational and family living
2949	environment for persons with maladaptive behaviors in a
2950	moderately unrestricted setting. Residential staff shall be
2951	required for this component.
2952	(e)  Independent living education center.--This component
2953	is a facility providing a family living environment for persons
2954	with maladaptive behaviors in a largely unrestricted setting and
2955	includes education and monitoring that is appropriate to support
2956	the development of independent living skills.
2957	(2)  Components of a comprehensive transitional education
2958	program are subject to the license issued under s. 393.067 to a
2959	comprehensive transitional education program and may be located
2960	on a single site or multiple sites.
2961	(3)  Comprehensive transitional education programs shall
2962	develop individual education plans for each person with
2963	maladaptive behaviors who receives services from the program.
2964	Each individual education plan shall be developed in accordance
2965	with the criteria specified in 20 U.S.C. ss. 401 et seq., and 34
2966	C.F.R. part 300.
2967	(4)  The total number of persons with maladaptive behaviors
2968	who are being provided with services in a comprehensive
2969	transitional education program may not in any instance exceed
2970	120 residents.
2971	(5)  This section shall authorize licensure for
2972	comprehensive transitional education programs which by July 1,
2973	1989:
2974	(a)  Were in actual operation; or
2975	(b)  Owned a fee simple interest in real property for which
2976	a county or city government has approved zoning allowing for the
2977	placement of the facilities described in this subsection, and
2978	have registered an intent with the agency to operate a
2979	comprehensive transitional education program. However, nothing
2980	shall prohibit the assignment by such a registrant to another
2981	entity at a different site within the state, so long as there is
2982	compliance with all criteria of this program and local zoning
2983	requirements and provided that each residential facility within
2984	the component centers or units of the program authorized under
2985	this subparagraph does not exceed a capacity of 15 persons.
2986	Section 34.  Section 393.23, Florida Statutes, is created
2987	to read:
2988	393.23  Developmental disabilities institutions; trust
2989	accounts.--All receipts from the operation of canteens, vending
2990	machines, hobby shops, sheltered workshops, activity centers,
2991	farming projects, and other like activities operated in a
2992	developmental disabilities institution, and moneys donated to
2993	the institution, must be deposited in a trust account in any
2994	bank, credit union, or savings and loan association authorized
2995	by the State Treasury as a qualified depositor to do business in
2996	this state, if the moneys are available on demand.
2997	(1)  Moneys in the trust account must be expended for the
2998	benefit, education, and welfare of clients. However, if
2999	specified, moneys that are donated to the institution must be
3000	expended in accordance with the intentions of the donor. Trust
3001	account money may not be used for the benefit of employees of
3002	the agency, or to pay the wages of such employees. The welfare
3003	of the clients includes the expenditure of funds for the
3004	purchase of items for resale at canteens or vending machines,
3005	and for the establishment of, maintenance of, and operation of
3006	canteens, hobby shops, recreational or entertainment facilities,
3007	sheltered workshops, activity centers, farming projects, or
3008	other like facilities or programs established at the
3009	institutions for the benefit of clients.
3010	(2)  The institution may invest, in the manner authorized
3011	by law for fiduciaries, any money in a trust account which is
3012	not necessary for immediate use. The interest earned and other
3013	increments derived from the investments of the money must be
3014	deposited into the trust account for the benefit of clients.
3015	(3)  The accounting system of an institution must account
3016	separately for revenues and expenses for each activity. The
3017	institution shall reconcile the trust account to the
3018	institution's accounting system and check registers and to the
3019	accounting system of the Chief Financial Officer.
3020	(4)  All sales taxes collected by the institution as a
3021	result of sales shall be deposited into the trust account and
3022	remitted to the Department of Revenue.
3023	(5)  Funds shall be expended in accordance with
3024	requirements and guidelines established by the Chief Financial
3025	Officer.
3026	Section 35.  Section 393.501, Florida Statutes, is amended
3027	to read:
3028	393.501  Rulemaking.--
3029	(1)  The agency may shall adopt rules pursuant to ss.
3030	120.536(1) and 120.54 to carry out its statutory duties the
3031	provisions of this chapter.
3032	(2)  Such rules shall address the number of facilities on a
3033	single lot parcel or on adjacent lots parcels of land, and in
3034	addition, for ICF/MR, the rate and location of facility
3035	development and level of care. In adopting rules, an alternative
3036	living center and an independent living education center, as
3037	described in s. 393.18, shall be subject to the provisions of s.
3038	419.001, except that such centers shall be exempt from the
3039	1,000-foot-radius requirement of s. 419.001(2) if:
3040	(a)  The centers are located on a site zoned in a manner
3041	that permits all the components of a comprehensive transition
3042	education center to be located on the site; or
3043	(b)  There are no more than three such centers within a
3044	radius of 1,000 feet.
3045	Section 36.  Section 394.453, Florida Statutes, is amended
3046	to read:
3047	394.453  Legislative intent.--It is the intent of the
3048	Legislature to authorize and direct the Department of Children
3049	and Family Services to evaluate, research, plan, and recommend
3050	to the Governor and the Legislature programs designed to reduce
3051	the occurrence, severity, duration, and disabling aspects of
3052	mental, emotional, and behavioral disorders. It is the intent of
3053	the Legislature that treatment programs for such disorders shall
3054	include, but not be limited to, comprehensive health, social,
3055	educational, and rehabilitative services to persons requiring
3056	intensive short-term and continued treatment in order to
3057	encourage them to assume responsibility for their treatment and
3058	recovery. It is intended that such persons be provided with
3059	emergency service and temporary detention for evaluation when
3060	required; that they be admitted to treatment facilities on a
3061	voluntary basis when extended or continuing care is needed and
3062	unavailable in the community; that involuntary placement be
3063	provided only when expert evaluation determines that it is
3064	necessary; that any involuntary treatment or examination be
3065	accomplished in a setting which is clinically appropriate and
3066	most likely to facilitate the person's return to the community
3067	as soon as possible; and that individual dignity and human
3068	rights be guaranteed to all persons who are admitted to mental
3069	health facilities or who are being held under s. 394.463. It is
3070	the further intent of the Legislature that the least restrictive
3071	means of intervention be employed based on the individual needs
3072	of each person, within the scope of available services. It is
3073	the policy of this state that the use of restraint and seclusion
3074	on clients is justified only as an emergency safety measure to
3075	be used in response to imminent danger to the client or others.
3076	It is, therefore, the intent of the Legislature to achieve an
3077	ongoing reduction in the use of restraint and seclusion in
3078	programs and facilities serving persons with mental illness.
3079	Section 37.  Present subsections (28) through (33) of
3080	section 394.455, Florida Statutes, are redesignated as
3081	subsections (30) through (35), respectively, and new subsections
3082	(28) and (29) are added to that section, to read:
3083	394.455  Definitions.--As used in this part, unless the
3084	context clearly requires otherwise, the term:
3085	(28)(a)  "Restraint" means a physical device, method, or
3086	drug used to control behavior. A physical restraint is any
3087	manual method or physical or mechanical device, material, or
3088	equipment attached or adjacent to the individual's body so that
3089	he or she cannot easily remove the restraint and which restricts
3090	freedom of movement or normal access to one's body.
3091	(b)  A drug used as a restraint is a medication used to
3092	control the person's behavior or to restrict his or her freedom
3093	of movement. Physically holding a person during a procedure to
3094	forcibly administer psychotropic medication is a physical
3095	restraint.
3096	(c)  Restraint does not include physical devices, such as
3097	orthopedically prescribed appliances, surgical dressings and
3098	bandages, supportive body bands, or other physical holding when
3099	necessary for routine physical examinations and tests; or for
3100	purposes of orthopedic, surgical, or other similar medical
3101	treatment; when used to provide support for the achievement of
3102	functional body position or proper balance; or when used to
3103	protect a person from falling out of bed.
3104	(29)  "Seclusion" means the physical segregation of a
3105	person in any fashion or involuntary isolation of a person in a
3106	room or area from which the person is prevented from leaving.
3107	The prevention may be by physical barrier or by a staff member
3108	who is acting in a manner, or who is physically situated, so as
3109	to prevent the person from leaving the room or area. For
3110	purposes of this chapter, the term does not mean isolation due
3111	to a person's medical condition or symptoms.
3112	Section 38.  Paragraph (b) of subsection (5) of section
3113	394.457, Florida Statutes, is amended to read:
3114	394.457  Operation and administration.--
3115	(5)  RULES.--
3116	(b)  The department shall adopt rules necessary for the
3117	implementation and administration of the provisions of this
3118	part, and a program subject to the provisions of this part shall
3119	not be permitted to operate unless rules designed to ensure the
3120	protection of the health, safety, and welfare of the patients
3121	treated through such program have been adopted. Rules adopted
3122	under this subsection must include provisions governing the use
3123	of restraint and seclusion which are consistent with recognized
3124	best practices and professional judgment; prohibit inherently
3125	dangerous restraint or seclusion procedures; establish
3126	limitations on the use and duration of restraint and seclusion;
3127	establish measures to ensure the safety of program participants
3128	and staff during an incident of restraint or seclusion;
3129	establish procedures for staff to follow before, during, and
3130	after incidents of restraint or seclusion; establish
3131	professional qualifications of and training for staff who may
3132	order or be engaged in the use of restraint or seclusion; and
3133	establish mandatory reporting, data collection, and data
3134	dissemination procedures and requirements. Rules adopted under
3135	this subsection must require that each instance of the use of
3136	restraint or seclusion be documented in the record of the
3137	patient.
3138	Section 39.  Paragraph (g) is added to subsection (1) of
3139	section 394.879, Florida Statutes, to read:
3140	394.879  Rules; enforcement.--
3141	(1)  The department, in consultation with the agency, shall
3142	adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
3143	the provisions of this chapter, including, at a minimum, rules
3144	providing standards to ensure that:
3145	(g)  The use of restraint and seclusion is consistent with
3146	recognized best practices and professional judgment; that
3147	inherently dangerous restraint or seclusion procedures are
3148	prohibited; that limitations are established on the use and
3149	duration of restraint and seclusion; that measures are
3150	established to ensure the safety of program participants and
3151	staff during an incident of restraint or seclusion; that
3152	procedures are created for staff to follow before, during, and
3153	after incidents of restraint or seclusion; that professional
3154	qualifications and training are established for staff who may
3155	order or be engaged in the use of restraint or seclusion; and
3156	that mandatory reporting, data collection, and data
3157	dissemination procedures and requirements are instituted. Rules
3158	adopted under this section must require that any instance of the
3159	use of restraint or seclusion shall be documented in the record
3160	of the client.
3161	Section 40.  Subsection (9) of section 397.405, Florida
3162	Statutes, is amended to read:
3163	397.405  Exemptions from licensure.--The following are
3164	exempt from the licensing provisions of this chapter:
3165	(9)  Facilities licensed under chapter 393 which s. 393.063
3166	that, in addition to providing services to persons with
3167	developmental disabilities who are developmentally disabled as
3168	defined therein, also provide services to persons
3169	developmentally at risk as a consequence of exposure to alcohol
3170	or other legal or illegal drugs while in utero.
3171
3172	The exemptions from licensure in this section do not apply to
3173	any service provider that receives an appropriation, grant, or
3174	contract from the state to operate as a service provider as
3175	defined in this chapter or to any substance abuse program
3176	regulated pursuant to s. 397.406. Furthermore, this chapter may
3177	not be construed to limit the practice of a physician licensed
3178	under chapter 458 or chapter 459, a psychologist licensed under
3179	chapter 490, or a psychotherapist licensed under chapter 491 who
3180	provides substance abuse treatment, so long as the physician,
3181	psychologist, or psychotherapist does not represent to the
3182	public that he or she is a licensed service provider and does
3183	not provide services to clients pursuant to part V of this
3184	chapter. Failure to comply with any requirement necessary to
3185	maintain an exempt status under this section is a misdemeanor of
3186	the first degree, punishable as provided in s. 775.082 or s.
3187	775.083.
3188	Section 41.  Subsection (13) of section 400.419, Florida
3189	Statutes, is amended to read:
3190	400.419  Violations; imposition of administrative fines;
3191	grounds.--
3192	(13)  The agency shall develop and disseminate an annual
3193	list of all facilities sanctioned or fined $5,000 or more for
3194	violations of state standards, the number and class of
3195	violations involved, the penalties imposed, and the current
3196	status of cases. The list shall be disseminated, at no charge,
3197	to the Department of Elderly Affairs, the Department of Health,
3198	the Department of Children and Family Services, the Agency for
3199	Persons with Disabilities, the area agencies on aging, the
3200	Florida Statewide Advocacy Council, and the state and local
3201	ombudsman councils. The Department of Children and Family
3202	Services shall disseminate the list to service providers under
3203	contract to the department who are responsible for referring
3204	persons to a facility for residency. The agency may charge a fee
3205	commensurate with the cost of printing and postage to other
3206	interested parties requesting a copy of this list.
3207	Section 42.  Section 400.960, Florida Statutes, is amended
3208	to read:
3209	400.960  Definitions.--As used in this part, the term:
3210	(1)  "Active treatment" means the provision of services by
3211	an interdisciplinary team which are necessary to maximize a
3212	client's individual independence or prevent regression or loss
3213	of functional status.
3214	(2)  "Agency" means the Agency for Health Care
3215	Administration.
3216	(3)  "Autism" or "autistic disorder" has the same meaning
3217	as in s. 393.063. means a pervasive, neurologically based
3218	developmental disability of extended duration which causes
3219	severe learning, communication, and behavior disorders with age
3220	of onset during infancy or childhood. Individuals with autism
3221	exhibit impairment in reciprocal social interaction, impairment
3222	in verbal and nonverbal communication and imaginative ability,
3223	and a markedly restricted repertoire of activities and
3224	interests.
3225	(4)  "Cerebral palsy" has the same meaning as in s.
3226	393.063. means a group of disabling symptoms of extended
3227	duration which results from damage to the developing brain
3228	occurring before, during, or after birth and resulting in the
3229	loss or impairment of control over voluntary muscles. The term
3230	does not include those symptoms or impairments resulting solely
3231	from a stroke.
3232	(5)  "Client" means any person determined by the Agency for
3233	Persons with Disabilities department to be eligible for
3234	developmental services.
3235	(6)  "Client advocate" means a friend or relative of the
3236	client, or of the client's immediate family, who advocates for
3237	the best interests of the client in any proceedings under this
3238	part in which the client or his or her family has the right or
3239	duty to participate.
3240	(7)  "Department" means the Department of Children and
3241	Family Services.
3242	(6)(8)  "Developmental disability" has the same meaning as
3243	in s. 393.063 means a disorder or syndrome that is attributable
3244	to retardation, cerebral palsy, autism, spina bifida, or Prader-
3245	Willi syndrome and that constitutes a substantial handicap that
3246	can reasonably be expected to continue indefinitely.
3247	(7)(9)  "Direct service provider" means a person 18 years
3248	of age or older who has direct contact with individuals with
3249	developmental disabilities and who is unrelated to the
3250	individuals with developmental disabilities.
3251	(10)  "Epilepsy" means a chronic brain disorder of various
3252	causes which is characterized by recurrent seizures due to
3253	excessive discharge of cerebral neurons. When found concurrently
3254	with retardation, autism, or cerebral palsy, epilepsy is
3255	considered a secondary disability for which the client is
3256	eligible to receive services to ameliorate this condition
3257	according to the provisions of this part.
3258	(11)  "Guardian advocate" means a person appointed by the
3259	circuit court to represent a person with developmental
3260	disabilities in any proceedings brought pursuant to s. 393.12,
3261	and is distinct from a guardian advocate for mentally ill
3262	persons under chapter 394.
3263	(8)(12)  "Intermediate care facility for the
3264	developmentally disabled" means a residential facility licensed
3265	and certified in accordance with state law, and certified by the
3266	Federal Government, pursuant to the Social Security Act, as a
3267	provider of Medicaid services to persons with developmental
3268	disabilities who are developmentally disabled.
3269	(9)(13)  "Prader-Willi syndrome" has the same meaning as in
3270	s. 393.063. means an inherited condition typified by neonatal
3271	hypotonia with failure to thrive, hyperphagia, or an excessive
3272	drive to eat which leads to obesity, usually at 18 to 36 months
3273	of age, mild to moderate retardation, hypogonadism, short
3274	stature, mild facial dysmorphism, and a characteristic
3275	neurobehavior.
3276	(10)(a)  "Restraint" means a physical device, method, or
3277	drug used to control behavior. A physical restraint is any
3278	manual method or physical or mechanical device, material, or
3279	equipment attached or adjacent to the individual's body so that
3280	he or she cannot easily remove the restraint and which restricts
3281	freedom of movement or normal access to one's body.
3282	(b)  A drug used as a restraint is a medication used to
3283	control the person's behavior or to restrict his or her freedom
3284	of movement. Physically holding a person during a procedure to
3285	forcibly administer psychotropic medication is a physical
3286	restraint.
3287	(c)  Restraint does not include physical devices, such as
3288	orthopedically prescribed appliances, surgical dressings and
3289	bandages, supportive body bands, or other physical holding when
3290	necessary for routine physical examinations and tests; for
3291	purposes of orthopedic, surgical, or other similar medical
3292	treatment; when used to provide support for the achievement of
3293	functional body position or proper balance; or when used to
3294	protect a person from falling out of bed.
3295	(11)(14)  "Retardation" has the same meaning as in s.
3296	393.063. means significantly subaverage general intellectual
3297	functioning existing concurrently with deficits in adaptive
3298	behavior and manifested during the period from conception to age
3299	18. "Significantly subaverage general intellectual functioning,"
3300	for the purpose of this definition, means performance that is
3301	two or more standard deviations from the mean score on a
3302	standardized intelligence test specified in rules of the
3303	department. "Deficits in adaptive behavior," for the purpose of
3304	this definition, means deficits in the effectiveness or degree
3305	with which an individual meets the standards of personal
3306	independence and social responsibility expected of his or her
3307	age, cultural group, and community.
3308	(12)  "Seclusion" means the physical segregation of a
3309	person in any fashion or the involuntary isolation of a person
3310	in a room or area from which the person is prevented from
3311	leaving. The prevention may be by physical barrier or by a staff
3312	member who is acting in a manner, or who is physically situated,
3313	so as to prevent the person from leaving the room or area. For
3314	purposes of this part, the term does not mean isolation due to a
3315	person's medical condition or symptoms.
3316	(13)(15)  "Spina bifida" has the same meaning as in s.
3317	393.063 means a medical diagnosis of spina bifida cystica or
3318	myelomeningocele.
3319	Section 43.  Subsection (2) of section 400.967, Florida
3320	Statutes, is amended to read:
3321	400.967  Rules and classification of deficiencies.--
3322	(2)  Pursuant to the intention of the Legislature, the
3323	agency, in consultation with the Agency for Persons with
3324	Disabilities Department of Children and Family Services and the
3325	Department of Elderly Affairs, shall adopt and enforce rules to
3326	administer this part, which shall include reasonable and fair
3327	criteria governing:
3328	(a)  The location and construction of the facility;
3329	including fire and life safety, plumbing, heating, cooling,
3330	lighting, ventilation, and other housing conditions that will
3331	ensure the health, safety, and comfort of residents. The agency
3332	shall establish standards for facilities and equipment to
3333	increase the extent to which new facilities and a new wing or
3334	floor added to an existing facility after July 1, 2000, are
3335	structurally capable of serving as shelters only for residents,
3336	staff, and families of residents and staff, and equipped to be
3337	self-supporting during and immediately following disasters. The
3338	Agency for Health Care Administration shall work with facilities
3339	licensed under this part and report to the Governor and the
3340	Legislature by April 1, 2000, its recommendations for cost-
3341	effective renovation standards to be applied to existing
3342	facilities. In making such rules, the agency shall be guided by
3343	criteria recommended by nationally recognized, reputable
3344	professional groups and associations having knowledge concerning
3345	such subject matters. The agency shall update or revise such
3346	criteria as the need arises. All facilities must comply with
3347	those lifesafety code requirements and building code standards
3348	applicable at the time of approval of their construction plans.
3349	The agency may require alterations to a building if it
3350	determines that an existing condition constitutes a distinct
3351	hazard to life, health, or safety. The agency shall adopt fair
3352	and reasonable rules setting forth conditions under which
3353	existing facilities undergoing additions, alterations,
3354	conversions, renovations, or repairs are required to comply with
3355	the most recent updated or revised standards.
3356	(b)  The number and qualifications of all personnel,
3357	including management, medical nursing, and other personnel,
3358	having responsibility for any part of the care given to
3359	residents.
3360	(c)  All sanitary conditions within the facility and its
3361	surroundings, including water supply, sewage disposal, food
3362	handling, and general hygiene, which will ensure the health and
3363	comfort of residents.
3364	(d)  The equipment essential to the health and welfare of
3365	the residents.
3366	(e)  A uniform accounting system.
3367	(f)  The care, treatment, and maintenance of residents and
3368	measurement of the quality and adequacy thereof.
3369	(g)  The preparation and annual update of a comprehensive
3370	emergency management plan. The agency shall adopt rules
3371	establishing minimum criteria for the plan after consultation
3372	with the Department of Community Affairs. At a minimum, the
3373	rules must provide for plan components that address emergency
3374	evacuation transportation; adequate sheltering arrangements;
3375	postdisaster activities, including emergency power, food, and
3376	water; postdisaster transportation; supplies; staffing;
3377	emergency equipment; individual identification of residents and
3378	transfer of records; and responding to family inquiries. The
3379	comprehensive emergency management plan is subject to review and
3380	approval by the local emergency management agency. During its
3381	review, the local emergency management agency shall ensure that
3382	the following agencies, at a minimum, are given the opportunity
3383	to review the plan: the Department of Elderly Affairs, the
3384	Agency for Persons with Disabilities Department of Children and
3385	Family Services, the Agency for Health Care Administration, and
3386	the Department of Community Affairs. Also, appropriate volunteer
3387	organizations must be given the opportunity to review the plan.
3388	The local emergency management agency shall complete its review
3389	within 60 days and either approve the plan or advise the
3390	facility of necessary revisions.
3391	(h)  The posting of licenses. Each licensee shall post its
3392	license in a prominent place that is in clear and unobstructed
3393	public view at or near the place where residents are being
3394	admitted to the facility.
3395	(i)  The use of restraint and seclusion. Such rules must be
3396	consistent with recognized best practices and professional
3397	judgment; prohibit inherently dangerous restraint or seclusion
3398	procedures; establish limitations on the use and duration of
3399	restraint and seclusion; establish measures to ensure the safety
3400	of program participants and staff during an incident of
3401	restraint or seclusion; create procedures for staff to follow
3402	before, during, and after incidents of restraint or seclusion;
3403	establish professional qualifications of and training for staff
3404	who may order or be engaged in the use of restraint or
3405	seclusion; and provide for mandatory reporting, data collection,
3406	and data dissemination procedures and requirements. Rules
3407	adopted under this section must require that any instance of the
3408	use of restraint or seclusion shall be documented in the
3409	facility's record of the client.
3410	Section 44.  Section 402.115, Florida Statutes, is amended
3411	to read:
3412	402.115  Sharing confidential or exempt
3413	information.--Notwithstanding any other provision of law to the
3414	contrary, the Department of Health, and the Department of
3415	Children and Family Services, and the Agency for Persons with
3416	Disabilities may share confidential information or information
3417	exempt from disclosure under chapter 119 on any individual who
3418	is or has been the subject of a program within the jurisdiction
3419	of each agency. Information so exchanged remains confidential or
3420	exempt as provided by law.
3421	Section 45.  Section 402.17, Florida Statutes, is amended
3422	to read:
3423	402.17  Claims for care and maintenance; trust
3424	property.--The Department of Children and Family Services and
3425	the Agency for Persons with Disabilities shall protect the
3426	financial interest of the state with respect to claims that
3427	which the state may have for the care and maintenance of clients
3428	of the department or agency. The department or agency shall, as
3429	trustee, hold in trust and administer money of clients and
3430	property designated for the personal benefit of clients. The
3431	department or agency shall act as trustee of clients' money and
3432	property entrusted to it in accordance with the usual fiduciary
3433	standards applicable generally to trustees, and shall act to
3434	protect both the short-term and long-term interests of the
3435	clients for whose benefit it is holding such money and property.
3436	(1)  CLAIMS FOR CARE AND MAINTENANCE.--
3437	(a)  The department or agency shall perform the following
3438	acts:
3439	1.  Receive and supervise the collection of sums due the
3440	state.
3441	2.  Bring any court action necessary to collect any claim
3442	the state may have against any client, former client, guardian
3443	of any client or former client, executor or administrator of the
3444	client's estate, or any person against whom any client or former
3445	client may have a claim.
3446	3.  Obtain a copy of any inventory or appraisal of the
3447	client's property filed with any court.
3448	4.  Obtain from the department's Economic Self-Sufficiency
3449	Services Program Office a financial status report on any client
3450	or former client, including the ability of third parties
3451	responsible for such client to pay all or part of the cost of
3452	the client's care and maintenance.
3453	5.  Petition the court for appointment of a guardian or
3454	administrator for an otherwise unrepresented client or former
3455	client should the financial status report or other information
3456	indicate the need for such action. The cost of any such action
3457	shall be charged against the assets or estate of the client.
3458	6.  Represent the interest of the state in any litigation
3459	in which a client or former client is a party.
3460	7.  File claims with any person, firm, or corporation or
3461	with any federal, state, county, district, or municipal agency
3462	on behalf of an unrepresented client.
3463	8.  Represent the state in the settlement of the estates of
3464	deceased clients or in the settlement of estates in which a
3465	client or a former client against whom the state may have a
3466	claim has a financial interest.
3467	9.  Establish procedures by rule for the use of amounts
3468	held in trust for the client to pay for the cost of care and
3469	maintenance, if such amounts would otherwise cause the client to
3470	become ineligible for services which are in the client's best
3471	interests.
3472	(b)  The department or agency of Children and Family
3473	Services may charge off accounts if it certifies that the
3474	accounts are uncollectible after diligent efforts have been made
3475	to collect them. If the department certifies an account to the
3476	Department of Financial Services, setting forth the
3477	circumstances upon which it predicates the uncollectibility, and
3478	if, pursuant to s. 17.04, the Department of Financial Services
3479	concurs, the account shall be charged off.
3480	(2)  MONEY OR OTHER PROPERTY RECEIVED FOR PERSONAL USE OR
3481	BENEFIT OF ANY CLIENT.--The department or agency shall perform
3482	the following acts:
3483	(a)  Accept and administer in trust, as a trustee having a
3484	fiduciary responsibility to a client of the department, any
3485	money or other property received for personal use or benefit of
3486	that client. In the case of children in the legal custody of the
3487	department, following the termination of the parental rights as
3488	to that client, until the child such client leaves the legal
3489	custody of the department due to the client's adoption or
3490	attaining because the client attains the age of 18 or, in the
3491	case of children who are otherwise in the custody of the
3492	department, the court having jurisdiction over such child client
3493	shall have jurisdiction, upon application of the department or
3494	other interested party, to review or approve any extraordinary
3495	action of the department acting as trustee as to the child's
3496	client's money or other property. When directed by a court of
3497	competent jurisdiction, the department may further hold money or
3498	property of a child person under the age of 18 who has been in
3499	the care, custody, or control of the department and who is the
3500	subject of a court proceeding during the pendency of that
3501	proceeding.
3502	(b)  Deposit the money in banks qualified as state
3503	depositories, or in any bank, credit union, or savings and loan
3504	association authorized to do business in this state, provided
3505	moneys so deposited or held by such institutions are fully
3506	insured by a federal depository or share insurance program, or
3507	an approved state depository or share insurance program, and are
3508	available on demand.
3509	(c)  Withdraw the money and use it to meet current needs of
3510	clients. For purposes of this paragraph, "current needs"
3511	includes payment of fees assessed under s. 402.33. The amount of
3512	money withdrawn by the department to meet current needs of a
3513	client shall take into account the need of the department or
3514	agency, as the trustee of a client's money and property, to
3515	provide for the long-term needs of a client, including, but not
3516	limited to, ensuring that to provide for the need of a client
3517	under the age of 18 will to have sufficient financial resources
3518	available to be able to function as an adult upon reaching the
3519	age of 18, meeting or to meet the special needs of a client who
3520	has a disability and whose special needs cannot otherwise be met
3521	by any form of public assistance or family resources, or
3522	maintaining to maintain the client's eligibility for public
3523	assistance, including medical assistance, under state or federal
3524	law.
3525	(d)  As trustee, invest in the manner authorized by law for
3526	fiduciaries money not used for current needs of clients. Such
3527	investments may include, but shall not be limited to,
3528	investments in savings share accounts of any credit union
3529	chartered under the laws of the United States and doing business
3530	in this state, and savings share accounts of any credit union
3531	chartered under the laws of this state, provided the credit
3532	union is insured under the federal share insurance program or an
3533	approved state share insurance program.
3534	(3)  DEPOSIT OF FUNDS RECEIVED.--Funds received by the
3535	Department of Children and Family Services in accordance with s.
3536	402.33 shall be deposited into a trust fund for the operation of
3537	the department.
3538	(4)  DISPOSITION OF UNCLAIMED TRUST FUNDS.--Upon the death
3539	of any client affected by the provisions of this section, any
3540	unclaimed money held in trust by the department, the agency, or
3541	by the Chief Financial Officer for the child him or her shall be
3542	applied first to the payment of any unpaid claim of the state
3543	against the client, and any balance remaining unclaimed for a
3544	period of 1 year shall escheat to the state as unclaimed funds
3545	held by fiduciaries.
3546	(5)  LEGAL REPRESENTATION.--To the extent that the budget
3547	will permit, the Department of Legal Affairs shall furnish the
3548	legal services to carry out the provisions of this section. Upon
3549	the request of the department or agency of Children and Family
3550	Services, the various state and county attorneys shall assist in
3551	litigation within their jurisdiction. The Such department or
3552	agency may retain legal counsel for necessary legal services
3553	which cannot be furnished by the Department of Legal Affairs and
3554	the various state and county attorneys.
3555	(6)  DEPOSIT OR INVESTMENT OF FUNDS OF CLIENTS.--
3556	(a)  The department or agency of Children and Family
3557	Services may deposit any funds of clients in its possession in
3558	any bank in the state or may invest or reinvest such funds in
3559	bonds or obligations of the United States for the payment of
3560	which the full faith and credit of the United States is pledged.
3561	For purposes of deposit only, the funds of any client may be
3562	mingled with the funds of any other clients.
3563	(b)  The interest or increment accruing on such funds shall
3564	be the property of the clients and shall be used or conserved
3565	for the personal use or benefit of the individual client, in
3566	accordance with the department's or agency's fiduciary
3567	responsibility as a trustee for the money and property of the
3568	client held by the department. Such interest shall not accrue to
3569	the general welfare of all clients. Whenever any proposed action
3570	of the department or agency, acting in its own interest, may
3571	conflict with the department's or agency's obligation as a
3572	trustee with a fiduciary responsibility to the client, the
3573	department or agency shall promptly present the matter to a
3574	court of competent jurisdiction for the court's determination as
3575	to what action the department or agency may take. The department
3576	or agency shall establish rules governing reasonable fees by
3577	rule for the cost of administering such accounts and for
3578	establishing the minimum balance eligible to earn interest.
3579	(7)  DISPOSITION OF MONEY AND PROPERTY OF CLIENTS UPON
3580	ATTAINING AGE 18 OR DISCHARGE FROM CARE, CUSTODY, CONTROL, OR
3581	SERVICES OF THE DEPARTMENT.--
3582	(a)  Whenever a client of the department for whom the
3583	department is holding money or property as a trustee attains the
3584	age of 18, and thereby will no longer be in the legal custody of
3585	the department, the department shall promptly disburse such
3586	money and property of the client the department has held as a
3587	trustee to that client, or as that client directs, as soon as
3588	practicable once the client attains the age of 18.
3589	(b)  Whenever a client of the department over the age of 18
3590	for whom the department is holding money or property as a
3591	trustee no longer requires the care, custody, control, or
3592	services of the department, the department shall promptly
3593	disburse such money and property of the client the department
3594	has held as a trustee to that client, or as that client or a
3595	court directs, as soon as practicable.
3596	(c)  When a client under the age of 18 who has been in the
3597	legal custody, care, or control of the department and for whom
3598	the department is holding money or property as a trustee attains
3599	the age of 18 and has a physical or mental disability, or is
3600	otherwise incapacitated or incompetent to handle that client's
3601	own financial affairs, the department shall apply for a court
3602	order from a court of competent jurisdiction to establish a
3603	trust on behalf of that client. Where there is no willing
3604	relative of the client acceptable to the court available to
3605	serve as trustee of such proposed trust, the court may enter an
3606	order authorizing the department to serve as trustee of a
3607	separate trust under such terms and conditions as the court
3608	determines appropriate to the circumstances.
3609	(d)  When a client under the age of 18 who has been in the
3610	legal custody, care, or control of the department and for whom
3611	the department is holding money or property as a trustee leaves
3612	the care, custody, and control of the department due to adoption
3613	or placement of the client with a relative, or as otherwise
3614	directed by a court of competent jurisdiction, the department
3615	shall notify that court of the existence of the money and
3616	property in the possession of the department either prior to, or
3617	promptly after, receiving knowledge of the change of custody,
3618	care, or control. The department shall apply for an order from
3619	the court exercising jurisdiction over the client to direct the
3620	disposition of the money and property belonging to that client.
3621	The court order may establish a trust in which the money and
3622	property of the client will be deposited, appoint a guardian of
3623	a property as to the money or property of the client, or direct
3624	the creation of a Uniform Transfers Gifts to Minors Act account
3625	on behalf of that client, as the court finds appropriate and
3626	under the terms and conditions the court determines appropriate
3627	to the circumstances.
3628	Section 46.  Section 402.181, Florida Statutes, is amended
3629	to read:
3630	402.181  State Institutions Claims Program.--
3631	(1)  There is created a State Institutions Claims Program,
3632	for the purpose of making restitution for property damages and
3633	direct medical expenses for injuries caused by shelter children
3634	or foster children, or escapees, inmates, or patients of state
3635	institutions under the Department of Children and Family
3636	Services, the Department of Health, the Department of Juvenile
3637	Justice, or the Department of Corrections, or the Agency for
3638	Persons with Disabilities.
3639	(2)  Claims for restitution may be filed with the
3640	Department of Legal Affairs at its office in accordance with
3641	regulations prescribed by the Department of Legal Affairs. The
3642	Department of Legal Affairs shall have full power and authority
3643	to hear, investigate, and determine all questions in respect to
3644	such claims and is authorized, within the limits of current
3645	appropriations, to pay individual claims up to $1,000 or, with
3646	respect to children in foster care and their families,
3647	individual claims up to $1,500. Claims in excess of these
3648	amounts shall continue to require legislative approval.
3649	(3)(a)  The Department of Legal Affairs shall make or cause
3650	to be made such investigations as it considers necessary in
3651	respect to such claims. Hearings shall be held in accordance
3652	with chapter 120.
3653	(b)  The Department of Legal Affairs shall work with the
3654	Department of Children and Family Services, the Department of
3655	Health, the Department of Juvenile Justice, and the Department
3656	of Corrections, and the Agency for Persons with Disabilities to
3657	streamline the process of investigations, hearings, and
3658	determinations with respect to claims under this section, to
3659	ensure that eligible claimants receive restitution within a
3660	reasonable time.
3661	Section 47.  Section 402.20, Florida Statutes, is amended
3662	to read:
3663	402.20  County contracts authorized for services and
3664	facilities for in mental health and developmental disabilities
3665	retardation areas.--The boards of county commissioners are
3666	authorized to provide monetary grants and facilities, and to
3667	enter into renewable contracts, for services and facilities, for
3668	a period not to exceed 2 years, with public and private
3669	hospitals, clinics, and laboratories; other state agencies,
3670	departments, or divisions; the state colleges and universities;
3671	the community colleges; private colleges and universities;
3672	counties; municipalities; towns; townships; and any other
3673	governmental unit or nonprofit organization which provides
3674	needed facilities for persons with mental illness or
3675	developmental disabilities the mentally ill or retarded. These
3676	services are hereby declared to be for a public and county
3677	purpose. The county commissioners may make periodic inspections
3678	to assure that the services or facilities provided under this
3679	chapter meet the standards of the Department of Children and
3680	Family Services and the Agency for Persons with Disabilities.
3681	Section 48.  Section 402.22, Florida Statutes, is amended
3682	to read:
3683	402.22  Education program for students who reside in
3684	residential care facilities operated by the Department of
3685	Children and Family Services or the Agency for Persons with
3686	Disabilities.--
3687	(1)(a)  The Legislature recognizes that the Department of
3688	Children and Family Services and the Agency for Persons with
3689	Disabilities have under their has under its residential care
3690	students with critical problems of physical impairment,
3691	emotional disturbance, mental impairment, and learning
3692	impairment.
3693	(b)  The Legislature recognizes the vital role of education
3694	in the rehabilitation of such students. It is the intent of the
3695	Legislature that all such students benefit from educational
3696	services and receive such services.
3697	(c)  It is the intent of the Legislature that educational
3698	services be coordinated with appropriate and existing diagnostic
3699	and evaluative, social, followup, and other therapeutic services
3700	of the department and agency of Children and Family Services so
3701	that the effect of the total rehabilitation process is
3702	maximized.
3703	(d)  It is the intent of the Legislature that, as
3704	educational programs for students in residential care facilities
3705	are implemented by the district school board, educational
3706	personnel in the Department of Children and Family Services
3707	residential care facilities who meet the qualifications for
3708	employees of the district school board be employed by the
3709	district school board.
3710	(2)  District school boards shall establish educational
3711	programs for all students ages 5 through 18 under the
3712	residential care of the Department of Children and Family
3713	Services and the Agency for Persons with Disabilities, and may
3714	provide for students below age 3 as provided for in s.
3715	1003.21(1)(e). Funding of such programs shall be pursuant to s.
3716	1011.62.
3717	(3)  Notwithstanding any provisions of chapters 39, 393,
3718	394, and 397 to the contrary, the services of the Department of
3719	Children and Family Services and the Agency for Persons with
3720	Disabilities and those of the Department of Education and
3721	district school boards shall be mutually supportive and
3722	complementary of each other. The education programs provided by
3723	the district school board shall meet the standards prescribed by
3724	the State Board of Education and the district school board.
3725	Decisions regarding the design and delivery of department or
3726	agency of Children and Family Services treatment or habilitative
3727	services shall be made by interdisciplinary teams of
3728	professional and paraprofessional staff of which appropriate
3729	district school system administrative and instructional
3730	personnel shall be invited to be participating members. The
3731	requirements for maintenance of confidentiality as prescribed in
3732	chapters 39, 393, 394, and 397 shall be applied to information
3733	used by such interdisciplinary teams, and such information shall
3734	be exempt from the provisions of ss. 119.07(1) and 286.011.
3735	(4)  Students age 18 and under who are under the
3736	residential care of the Department of Children and Family
3737	Services or the Agency for Persons with Disabilities and who
3738	receive an education program shall be calculated as full-time
3739	equivalent student membership in the appropriate cost factor as
3740	provided for in s. 1011.62(1)(c). Residential care facilities of
3741	the Department of Children and Family Services shall include,
3742	but not be limited to, developmental disabilities services
3743	institutions and state mental health facilities. All students
3744	shall receive their education program from the district school
3745	system, and funding shall be allocated through the Florida
3746	Education Finance Program for the district school system.
3747	(5)  Instructional and special educational services that
3748	which are provided to mental health and retardation clients with
3749	mental illness or developmental disabilities of the department's
3750	or agency's in the Department of Children and Family Services
3751	residential care facilities by local school districts shall not
3752	be less than 180 days or 900 hours; however, the 900 hours may
3753	be distributed over a 12-month period, unless otherwise stated
3754	in rules developed by the State Board of Education, with the
3755	concurrence of the department or agency and adopted of Children
3756	and Family Services promulgated pursuant to subsection (6).
3757	(6)  The State Board of Education, and the Department of
3758	Children and Family Services, and the Agency for Persons with
3759	Disabilities may adopt shall have the authority to promulgate
3760	rules to which shall assist in the orderly transfer of the
3761	instruction of students from department or agency Department of
3762	Children and Family Services residential care facilities to the
3763	district school system or to the public education agency and
3764	which shall assist in implementing the specific intent as stated
3765	in this act.
3766	(7)  Notwithstanding the provisions of s. 1001.42(4)(n),
3767	the educational program at the Marianna Sunland Center in
3768	Jackson County shall be operated by the Department of Education,
3769	either directly or through grants or contractual agreements with
3770	other public educational agencies. The annual state allocation
3771	to any such agency shall be computed pursuant to s. 1011.62(1),
3772	(2), and (5) and allocated in the amount that would have been
3773	provided the local school district in which the residential
3774	facility is located.
3775	Section 49.  Paragraph (c) of subsection (1) and subsection
3776	(2) of section 402.33, Florida Statutes, are amended to read:
3777	402.33  Department authority to charge fees for services
3778	provided.--
3779	(1)  As used in this section, the term:
3780	(c)  "Department" means the Department of Children and
3781	Family Services, and the Department of Health, and the Agency
3782	for Persons with Disabilities.
3783	(2)  The department, in accordance with rules established
3784	by it, shall either charge, assess, or collect, or cause to be
3785	charged, assessed, or collected, fees for any service it
3786	provides to its clients either directly or through its agencies
3787	or contractors, except for:
3788	(a)  Diagnosis and evaluation procedures necessary to
3789	determine the client's eligibility and need for services
3790	provided by the department;
3791	(b)  Customary and routine information and referral
3792	services;
3793	(c)  Educational services provided in lieu of public
3794	education;
3795	(d)  Specific services exempted by law from fee assessment;
3796	(e)  Emergency shelter or emergency detention care and
3797	custody prior to a detention hearing under chapter 39;
3798	(f)  Specific classes or types of services provided in
3799	programs funded by grants, donations, or contracts that prohibit
3800	charging fees;
3801	(g)  Developmental disability services provided under
3802	chapter 393 to any person who is determined to be eligible for
3803	such services by the department and whose earned income falls
3804	below the federal Health and Human Services Poverty Guidelines,
3805	unless such fees are collected from third-party benefits and
3806	benefit payments; or
3807	(h)  Any type of service for which the department
3808	determines that the net estimated revenue from such fees after
3809	deducting any loss of funds from federal grants occasioned by
3810	such fees will be less than the estimated cost to charge and
3811	collect such fees.
3812
3813	Fees, other than third-party benefits and benefit payments, may
3814	not be charged for services provided to indigents whose only
3815	sources of income are from state and federal aid. In addition,
3816	fees may not be charged parents of a minor client for services
3817	requested by the minor without parental consent or for services
3818	provided a minor client who has been permanently committed to
3819	the care and custody of the department with parental rights
3820	permanently severed. However, lack of parental consent does not
3821	preclude the charging of fees established under chapter 39. The
3822	department may not require A client who is receiving wages that
3823	which are below the minimum wage under the federal Fair Labor
3824	Standards Act may not be required to pay fees from such wages.
3825	Voluntary payments for services must be encouraged.
3826	Section 50.  Paragraphs (r) and (s) of subsection (3) of
3827	section 408.036, Florida Statutes, are amended to read:
3828	408.036  Projects subject to review; exemptions.--
3829	(3)  EXEMPTIONS.--Upon request, the following projects are
3830	subject to exemption from the provisions of subsection (1):
3831	(r)  For beds in state mental health treatment facilities
3832	operated under s. 394.455(32)(30) and state mental health
3833	forensic facilities operated under s. 916.106(8).
3834	(s)  For beds in state developmental disabilities services
3835	institutions as defined in s. 393.063.
3836	Section 51.  Paragraphs (a), (j), and (k) of subsection (4)
3837	of section 409.221, Florida Statutes, are amended to read:
3838	409.221  Consumer-directed care program.--
3839	(4)  CONSUMER-DIRECTED CARE.--
3840	(a)  Program established.--The Agency for Health Care
3841	Administration shall establish the consumer-directed care
3842	program which shall be based on the principles of consumer
3843	choice and control. The agency shall implement the program upon
3844	federal approval. The agency shall establish interagency
3845	cooperative agreements with and shall work with the Departments
3846	of Elderly Affairs, Health, and Children and Family Services and
3847	the Agency for Persons with Disabilities to implement and
3848	administer the program. The program shall allow enrolled persons
3849	to choose the providers of services and to direct the delivery
3850	of services, to best meet their long-term care needs. The
3851	program must operate within the funds appropriated by the
3852	Legislature.
3853	(j)  Rules; federal waivers.--In order to implement this
3854	section:
3855	1.  The agency and the Departments of Elderly Affairs,
3856	Health, and Children and Family Services and the Agency for
3857	Persons with Disabilities are authorized to adopt and enforce
3858	rules.
3859	2.  The agency shall take all necessary action to ensure
3860	state compliance with federal regulations. The agency shall
3861	apply for any necessary federal waivers or waiver amendments
3862	needed to implement the program.
3863	(k)  Reviews and reports.--The agency and the Departments
3864	of Elderly Affairs, Health, and Children and Family Services and
3865	the Agency for Persons with Disabilities shall each, on an
3866	ongoing basis, review and assess the implementation of the
3867	consumer-directed care program. By January 15 of each year, the
3868	agency shall submit a written report to the Legislature that
3869	includes each department's review of the program and contains
3870	recommendations for improvements to the program.
3871	Section 52.  Paragraph (a) of subsection (2) and subsection
3872	(8) of section 409.908, Florida Statutes, are amended to read:
3873	409.908  Reimbursement of Medicaid providers.--Subject to
3874	specific appropriations, the agency shall reimburse Medicaid
3875	providers, in accordance with state and federal law, according
3876	to methodologies set forth in the rules of the agency and in
3877	policy manuals and handbooks incorporated by reference therein.
3878	These methodologies may include fee schedules, reimbursement
3879	methods based on cost reporting, negotiated fees, competitive
3880	bidding pursuant to s. 287.057, and other mechanisms the agency
3881	considers efficient and effective for purchasing services or
3882	goods on behalf of recipients. If a provider is reimbursed based
3883	on cost reporting and submits a cost report late and that cost
3884	report would have been used to set a lower reimbursement rate
3885	for a rate semester, then the provider's rate for that semester
3886	shall be retroactively calculated using the new cost report, and
3887	full payment at the recalculated rate shall be effected
3888	retroactively. Medicare-granted extensions for filing cost
3889	reports, if applicable, shall also apply to Medicaid cost
3890	reports. Payment for Medicaid compensable services made on
3891	behalf of Medicaid eligible persons is subject to the
3892	availability of moneys and any limitations or directions
3893	provided for in the General Appropriations Act or chapter 216.
3894	Further, nothing in this section shall be construed to prevent
3895	or limit the agency from adjusting fees, reimbursement rates,
3896	lengths of stay, number of visits, or number of services, or
3897	making any other adjustments necessary to comply with the
3898	availability of moneys and any limitations or directions
3899	provided for in the General Appropriations Act, provided the
3900	adjustment is consistent with legislative intent.
3901	(2)(a)1.  Reimbursement to nursing homes licensed under
3902	part II of chapter 400 and state-owned-and-operated intermediate
3903	care facilities for the developmentally disabled licensed under
3904	part XI of chapter 400 chapter 393 must be made prospectively.
3905	2.  Unless otherwise limited or directed in the General
3906	Appropriations Act, reimbursement to hospitals licensed under
3907	part I of chapter 395 for the provision of swing-bed nursing
3908	home services must be made on the basis of the average statewide
3909	nursing home payment, and reimbursement to a hospital licensed
3910	under part I of chapter 395 for the provision of skilled nursing
3911	services must be made on the basis of the average nursing home
3912	payment for those services in the county in which the hospital
3913	is located. When a hospital is located in a county that does not
3914	have any community nursing homes, reimbursement shall must be
3915	determined by averaging the nursing home payments, in counties
3916	that surround the county in which the hospital is located.
3917	Reimbursement to hospitals, including Medicaid payment of
3918	Medicare copayments, for skilled nursing services shall be
3919	limited to 30 days, unless a prior authorization has been
3920	obtained from the agency. Medicaid reimbursement may be extended
3921	by the agency beyond 30 days, and approval must be based upon
3922	verification by the patient's physician that the patient
3923	requires short-term rehabilitative and recuperative services
3924	only, in which case an extension of no more than 15 days may be
3925	approved. Reimbursement to a hospital licensed under part I of
3926	chapter 395 for the temporary provision of skilled nursing
3927	services to nursing home residents who have been displaced as
3928	the result of a natural disaster or other emergency may not
3929	exceed the average county nursing home payment for those
3930	services in the county in which the hospital is located and is
3931	limited to the period of time which the agency considers
3932	necessary for continued placement of the nursing home residents
3933	in the hospital.
3934	(8)  A provider of home-based or community-based services
3935	rendered pursuant to a federally approved waiver shall be
3936	reimbursed based on an established or negotiated rate for each
3937	service. These rates shall be established according to an
3938	analysis of the expenditure history and prospective budget
3939	developed by each contract provider participating in the waiver
3940	program, or under any other methodology adopted by the agency
3941	and approved by the Federal Government in accordance with the
3942	waiver. Effective July 1, 1996, Privately owned and operated
3943	community-based residential facilities which meet agency
3944	requirements and which formerly received Medicaid reimbursement
3945	for the optional intermediate care facility for the mentally
3946	retarded service may participate in the developmental services
3947	waiver as part of a home-and-community-based continuum of care
3948	for Medicaid recipients who receive waiver services.
3949	Section 53.  Subsection (3) of section 409.9127, Florida
3950	Statutes, is amended to read:
3951	409.9127  Preauthorization and concurrent utilization
3952	review; conflict-of-interest standards.--
3953	(3)  The agency shall help the Agency for Persons with
3954	Disabilities Department of Children and Family Services meet the
3955	requirements of s. 393.065(4). Only admissions approved pursuant
3956	to such assessments are eligible for reimbursement under this
3957	chapter.
3958	Section 54.  Paragraph (c) of subsection (2) and subsection
3959	(5) of section 411.224, Florida Statutes, are amended to read:
3960	411.224  Family support planning process.--The Legislature
3961	establishes a family support planning process to be used by the
3962	Department of Children and Family Services as the service
3963	planning process for targeted individuals, children, and
3964	families under its purview.
3965	(2)  To the extent possible within existing resources, the
3966	following populations must be included in the family support
3967	planning process:
3968	(c)  Children from age 3 birth through age 5 who are served
3969	by the Agency for Persons with Disabilities Developmental
3970	Disabilities Program Office of the Department of Children and
3971	Family Services.
3972	(5)  There must be only a single-family support plan to
3973	address the problems of the various family members unless the
3974	family requests that an individual family support plan be
3975	developed for different members of that family. The family
3976	support plan must replace individual habilitation plans for
3977	children from 3 birth through 5 years old who are served by the
3978	Agency for Persons with Disabilities Developmental Disabilities
3979	Program Office of the Department of Children and Family
3980	Services. To the extent possible, the family support plan must
3981	replace other case-planning forms used by the Department of
3982	Children and Family Services.
3983	Section 55.  Subsection (4) of section 411.232, Florida
3984	Statutes, is amended to read:
3985	411.232  Children's Early Investment Program.--
3986	(4)  RULES FOR IMPLEMENTATION.--The Department of Health
3987	and Rehabilitative Services shall adopt rules necessary to
3988	implement this section.
3989	Section 56.  Subsection (8) of section 415.102, Florida
3990	Statutes, is amended to read:
3991	415.102  Definitions of terms used in ss. 415.101-
3992	415.113.--As used in ss. 415.101-415.113, the term:
3993	(8)  "Facility" means any location providing day or
3994	residential care or treatment for vulnerable adults. The term
3995	"facility" may include, but is not limited to, any hospital,
3996	state institution, nursing home, assisted living facility, adult
3997	family-care home, adult day care center, residential facility
3998	licensed under chapter 393, adult day training center, group
3999	home, or mental health treatment center.
4000	Section 57.  Section 415.1035, Florida Statutes, is amended
4001	to read:
4002	415.1035  Facility's duty to inform residents of their
4003	right to report abusive, neglectful, or exploitive
4004	practices.--The department shall work cooperatively with the
4005	Agency for Health Care Administration, the Agency for Persons
4006	with Disabilities, and the Department of Elderly Affairs to
4007	ensure that every facility that serves vulnerable adults informs
4008	residents of their right to report abusive, neglectful, or
4009	exploitive practices. Each facility must establish appropriate
4010	policies and procedures to facilitate such reporting.
4011	Section 58.  Subsections (1) and (10) of section 415.1055,
4012	Florida Statutes, are amended to read:
4013	415.1055  Notification to administrative entities.--
4014	(1)  Upon receipt of a report that alleges that an employee
4015	or agent of the department, the Agency for Persons with
4016	Disabilities, or the Department of Elderly Affairs, acting in an
4017	official capacity, has committed an act of abuse, neglect, or
4018	exploitation, the department shall notify the state attorney in
4019	whose circuit the abuse, neglect, or exploitation occurred. This
4020	notification may be oral or written.
4021	(10)  When a report has been received and the department
4022	has reason to believe that a vulnerable adult resident of a
4023	facility licensed by the Agency for Health Care Administration
4024	or the Agency for Persons with Disabilities has been the victim
4025	of abuse, neglect, or exploitation, the department shall provide
4026	a copy of its investigation to the appropriate agency. If the
4027	investigation determines that a health professional licensed or
4028	certified under the Department of Health may have abused,
4029	neglected, or exploited a vulnerable adult, the department shall
4030	also provide a copy to the Department of Health.
4031	Section 59.  Paragraphs (a) and (h) of subsection (3) of
4032	section 415.107, Florida Statutes, are amended to read:
4033	415.107  Confidentiality of reports and records.--
4034	(3)  Access to all records, excluding the name of the
4035	reporter which shall be released only as provided in subsection
4036	(6), shall be granted only to the following persons, officials,
4037	and agencies:
4038	(a)  Employees or agents of the department, the Agency for
4039	Persons with Disabilities, of the Agency for Health Care
4040	Administration, or of the Department of Elderly Affairs who are
4041	responsible for carrying out protective investigations, ongoing
4042	protective services, or licensure or approval of nursing homes,
4043	assisted living facilities, adult day care centers, adult
4044	family-care homes, home care for the elderly, hospices,
4045	residential facilities licensed under chapter 393, or other
4046	facilities used for the placement of vulnerable adults.
4047	(h)  Any appropriate official of the department, the Agency
4048	for Persons with Disabilities, of the Agency for Health Care
4049	Administration, or of the Department of Elderly Affairs who is
4050	responsible for:
4051	1.  Administration or supervision of the programs for the
4052	prevention, investigation, or treatment of abuse, neglect, or
4053	exploitation of vulnerable adults when carrying out an official
4054	function; or
4055	2.  Taking appropriate administrative action concerning an
4056	employee alleged to have perpetrated abuse, neglect, or
4057	exploitation of a vulnerable adult in an institution.
4058	Section 60.  Paragraph (a) of subsection (3) of section
4059	435.03, Florida Statutes, is amended to read:
4060	435.03  Level 1 screening standards.--
4061	(3)  Standards must also ensure that the person:
4062	(a)  For employees and employers licensed or registered
4063	pursuant to chapter 400, and for employees and employers of
4064	developmental disabilities services institutions as defined in
4065	s. 393.063, intermediate care facilities for the developmentally
4066	disabled as defined in s. 400.960 s. 393.063, and mental health
4067	treatment facilities as defined in s. 394.455, meets the
4068	requirements of this chapter.
4069	Section 61.  Paragraph (a) of subsection (2) of section
4070	490.014, Florida Statutes, is amended to read:
4071	490.014  Exemptions.--
4072	(2)  No person shall be required to be licensed or
4073	provisionally licensed under this chapter who:
4074	(a)  Is a salaried employee of a government agency;
4075	developmental disability facility or services program, mental
4076	health, alcohol, or drug abuse facility operating under pursuant
4077	to chapter 393, chapter 394, or chapter 397; subsidized child
4078	care program, subsidized child care case management program, or
4079	child care resource and referral program operating pursuant to
4080	chapter 402; child-placing or child-caring agency licensed
4081	pursuant to chapter 409; domestic violence center certified
4082	pursuant to chapter 39; accredited academic institution; or
4083	research institution, if such employee is performing duties for
4084	which he or she was trained and hired solely within the confines
4085	of such agency, facility, or institution, so long as the
4086	employee is not held out to the public as a psychologist
4087	pursuant to s. 490.012(1)(a).
4088	Section 62.  Paragraph (a) of subsection (4) of section
4089	491.014, Florida Statutes, is amended to read:
4090	491.014  Exemptions.--
4091	(4)  No person shall be required to be licensed,
4092	provisionally licensed, registered, or certified under this
4093	chapter who:
4094	(a)  Is a salaried employee of a government agency;
4095	developmental disability facility or services program, mental
4096	health, alcohol, or drug abuse facility operating under pursuant
4097	to chapter 393, chapter 394, or chapter 397; subsidized child
4098	care program, subsidized child care case management program, or
4099	child care resource and referral program operating pursuant to
4100	chapter 402; child-placing or child-caring agency licensed
4101	pursuant to chapter 409; domestic violence center certified
4102	pursuant to chapter 39; accredited academic institution; or
4103	research institution, if such employee is performing duties for
4104	which he or she was trained and hired solely within the confines
4105	of such agency, facility, or institution, so long as the
4106	employee is not held out to the public as a clinical social
4107	worker, mental health counselor, or marriage and family
4108	therapist.
4109	Section 63.  Section 944.602, Florida Statutes, is amended
4110	to read:
4111	944.602  Agency notification of Department of Children and
4112	Family Services before release of mentally retarded
4113	inmates.--Before the release by parole, release by reason of
4114	gain-time allowances provided for in s. 944.291, or expiration
4115	of sentence of any inmate who has been diagnosed as mentally
4116	retarded as defined in s. 393.063, the Department of Corrections
4117	shall notify the Agency for Persons with Disabilities Department
4118	of Children and Family Services in order that sufficient time be
4119	allowed to notify the inmate or the inmate's representative, in
4120	writing, at least 7 days prior to the inmate's release, of
4121	available community services.
4122	Section 64.  Subsections (2) and (3) of section 945.025,
4123	Florida Statutes, are amended to read:
4124	945.025  Jurisdiction of department.--
4125	(2)  In establishing, operating, and utilizing these
4126	facilities, the department shall attempt, whenever possible, to
4127	avoid the placement of nondangerous offenders who have potential
4128	for rehabilitation with repeat offenders or dangerous offenders.
4129	Medical, mental, and psychological problems shall be diagnosed
4130	and treated whenever possible. The Department of Children and
4131	Family Services and the Agency for Persons with Disabilities
4132	shall cooperate to ensure the delivery of services to persons
4133	under the custody or supervision of the department. When it is
4134	the intent of the department to transfer a mentally ill or
4135	retarded prisoner to the Department of Children and Family
4136	Services or the Agency for Persons with Disabilities, an
4137	involuntary commitment hearing shall be held according to the
4138	provisions of chapter 393 or chapter 394.
4139	(3)  There shall be other correctional facilities,
4140	including detention facilities of varying levels of security,
4141	work-release facilities, and community correctional facilities,
4142	halfway houses, and other approved community residential and
4143	nonresidential facilities and programs; however, no adult
4144	correctional facility may be established by changing the use and
4145	purpose of any mental health facility or mental health
4146	institution under the jurisdiction of any state agency or
4147	department without authorization in the General Appropriation
4148	Act or other approval by the Legislature. Any facility the
4149	purpose and use of which was changed subsequent to January 1,
4150	1975, shall be returned to its original use and purpose by July
4151	1, 1977. However, the G. Pierce Wood Memorial Hospital located
4152	at Arcadia, DeSoto County, may not be converted into a
4153	correctional facility as long as such hospital is in use as a
4154	state mental health hospital. Any community residential facility
4155	may be deemed a part of the state correctional system for
4156	purposes of maintaining custody of offenders, and for this
4157	purpose the department may contract for and purchase the
4158	services of such facilities.
4159	Section 65.  Section 947.185, Florida Statutes, is amended
4160	to read:
4161	947.185  Application for mental retardation services as
4162	condition of parole.--The Parole Commission may require as a
4163	condition of parole that any inmate who has been diagnosed as
4164	mentally retarded as defined in s. 393.063 shall, upon release,
4165	apply for retardation services from the Agency for Persons with
4166	Disabilities Department of Children and Family Services.
4167	Section 66.  Subsection (3) of section 984.19, Florida
4168	Statutes, is amended to read:
4169	984.19  Medical screening and treatment of child;
4170	examination of parent, guardian, or person requesting custody.--
4171	(3)  A judge may order that a child alleged to be or
4172	adjudicated a child in need of services be examined by a
4173	licensed health care professional. The judge may also order such
4174	child to be evaluated by a psychiatrist or a psychologist, by a
4175	district school board educational needs assessment team, or, if
4176	a developmental disability is suspected or alleged, by a the
4177	developmental disability diagnostic and evaluation team with of
4178	the Agency for Persons with Disabilities Department of Children
4179	and Family Services. The judge may order a family assessment if
4180	that assessment was not completed at an earlier time. If it is
4181	necessary to place a child in a residential facility for such
4182	evaluation, then the criteria and procedure established in s.
4183	394.463(2) or chapter 393 shall be used, whichever is
4184	applicable. The educational needs assessment provided by the
4185	district school board educational needs assessment team shall
4186	include, but not be limited to, reports of intelligence and
4187	achievement tests, screening for learning disabilities and other
4188	handicaps, and screening for the need for alternative education
4189	pursuant to s. 1003.53.
4190	Section 67.  Subsection (8) of section 984.225, Florida
4191	Statutes, is amended to read:
4192	984.225  Powers of disposition; placement in a staff-secure
4193	shelter.--
4194	(8)  If the child requires residential mental health
4195	treatment or residential care for a developmental disability,
4196	the court shall refer the child to the Department of Children
4197	and Family Services or the Agency for Persons with Disabilities,
4198	as appropriate, for the provision of necessary services.
4199	Section 68.  Paragraph (e) of subsection (5) of section
4200	984.226, Florida Statutes, is amended to read:
4201	984.226  Physically secure setting.--
4202	(5)
4203	(e)  If the child requires residential mental health
4204	treatment or residential care for a developmental disability,
4205	the court shall refer the child to the Department of Children
4206	and Family Services or the Agency for Persons with Disabilities,
4207	as appropriate, for the provision of necessary services.
4208	Section 69.  Subsection (1) of section 985.224, Florida
4209	Statutes, is amended to read:
4210	985.224  Medical, psychiatric, psychological, substance
4211	abuse, and educational examination and treatment.--
4212	(1)  After a detention petition or a petition for
4213	delinquency has been filed, the court may order the child named
4214	in the petition to be examined by a physician. The court may
4215	also order the child to be evaluated by a psychiatrist or a
4216	psychologist, by a district school board educational needs
4217	assessment team, or, if a developmental disability is suspected
4218	or alleged, by a the developmental disabilities diagnostic and
4219	evaluation team with of the Agency for Persons with Disabilities
4220	Department of Children and Family Services. If it is necessary
4221	to place a child in a residential facility for such evaluation,
4222	the criteria and procedures established in chapter 393, chapter
4223	394, or chapter 397, whichever is applicable, shall be used.
4224	Section 70.  Section 1003.58, Florida Statutes, is amended
4225	to read:
4226	1003.58  Students in residential care facilities.--Each
4227	district school board shall provide educational programs
4228	according to rules of the State Board of Education to students
4229	who reside in residential care facilities operated by the
4230	Department of Children and Family Services or the Agency for
4231	Persons with Disabilities.
4232	(1)  The district school board shall not be charged any
4233	rent, maintenance, utilities, or overhead on such facilities.
4234	Maintenance, repairs, and remodeling of existing facilities
4235	shall be provided by the Department of Children and Family
4236	Services or the Agency for Persons with Disabilities, as
4237	appropriate.
4238	(2)  If additional facilities are required, the district
4239	school board and the Department of Children and Family Services
4240	or the Agency for Persons with Disabilities, as appropriate,
4241	shall agree on the appropriate site based on the instructional
4242	needs of the students. When the most appropriate site for
4243	instruction is on district school board property, a special
4244	capital outlay request shall be made by the commissioner in
4245	accordance with s. 1013.60. When the most appropriate site is on
4246	state property, state capital outlay funds shall be requested by
4247	the department or agency in accordance with chapter 216 of
4248	Children and Family Services as provided by s. 216.043 and shall
4249	be submitted as specified by s. 216.023. Any instructional
4250	facility to be built on state property shall have educational
4251	specifications jointly developed by the school district and the
4252	department or agency of Children and Family Services and
4253	approved by the Department of Education. The size of space and
4254	occupant design capacity criteria as provided by state board
4255	rules shall be used for remodeling or new construction whether
4256	facilities are provided on state property or district school
4257	board property. The planning of such additional facilities shall
4258	incorporate current state Department of Children and Family
4259	Services deinstitutionalization goals and plans.
4260	(3)  The district school board shall have full and complete
4261	authority in the matter of the assignment and placement of such
4262	students in educational programs. The parent of an exceptional
4263	student shall have the same due process rights as are provided
4264	under s. 1003.57(5).
4265	(4)  The district school board shall have a written
4266	agreement with the Department of Children and Family Services
4267	and the Agency for Persons with Disabilities outlining the
4268	respective duties and responsibilities of each party.
4269
4270	Notwithstanding the provisions herein, the educational program
4271	at the Marianna Sunland Center in Jackson County shall be
4272	operated by the Department of Education, either directly or
4273	through grants or contractual agreements with other public or
4274	duly accredited educational agencies approved by the Department
4275	of Education.
4276	Section 71.  Paragraph (c) of subsection (3) of section
4277	17.61, Florida Statutes, is amended to read:
4278	17.61  Chief Financial Officer; powers and duties in the
4279	investment of certain funds.--
4280	(3)
4281	(c)  Except as provided in this paragraph and except for
4282	moneys described in paragraph (d), the following agencies shall
4283	not invest trust fund moneys as provided in this section, but
4284	shall retain such moneys in their respective trust funds for
4285	investment, with interest appropriated to the General Revenue
4286	Fund, pursuant to s. 17.57:
4287	1.  The Agency for Health Care Administration, except for
4288	the Tobacco Settlement Trust Fund.
4289	2.  The Department of Children and Family Services, except
4290	for:
4291	a.  The Alcohol, Drug Abuse, and Mental Health Trust Fund.
4292	b.  The Community Resources Development Loan Trust Fund in
4293	the Agency for Disabilities Administrative Trust Fund.
4294	c.  The Refugee Assistance Trust Fund.
4295	d.  The Social Services Block Grant Trust Fund.
4296	e.  The Tobacco Settlement Trust Fund.
4297	f.  The Working Capital Trust Fund.
4298	3.  The Department of Community Affairs, only for the
4299	Operating Trust Fund.
4300	4.  The Department of Corrections.
4301	5.  The Department of Elderly Affairs, except for:
4302	a.  The Federal Grants Trust Fund.
4303	b.  The Tobacco Settlement Trust Fund.
4304	6.  The Department of Health, except for:
4305	a.  The Federal Grants Trust Fund.
4306	b.  The Grants and Donations Trust Fund.
4307	c.  The Maternal and Child Health Block Grant Trust Fund.
4308	d.  The Tobacco Settlement Trust Fund.
4309	7.  The Department of Highway Safety and Motor Vehicles,
4310	only for:
4311	a.  The DUI Programs Coordination Trust Fund.
4312	b.  The Security Deposits Trust Fund.
4313	8.  The Department of Juvenile Justice.
4314	9.  The Department of Law Enforcement.
4315	10.  The Department of Legal Affairs.
4316	11.  The Department of State, only for:
4317	a.  The Grants and Donations Trust Fund.
4318	b.  The Records Management Trust Fund.
4319	12.  The Executive Office of the Governor, only for:
4320	a.  The Economic Development Transportation Trust Fund.
4321	b.  The Economic Development Trust Fund.
4322	13.  The Florida Public Service Commission, only for the
4323	Florida Public Service Regulatory Trust Fund.
4324	14.  The Justice Administrative Commission.
4325	15.  The state courts system.
4326	Section 72.  Paragraph (b) of subsection (5) of section
4327	400.464, Florida Statutes, is amended to read:
4328	400.464  Home health agencies to be licensed; expiration of
4329	license; exemptions; unlawful acts; penalties.--
4330	(5)  The following are exempt from the licensure
4331	requirements of this part:
4332	(b)  Home health services provided by a state agency,
4333	either directly or through a contractor with:
4334	1.  The Department of Elderly Affairs.
4335	2.  The Department of Health, a community health center, or
4336	a rural health network that furnishes home visits for the
4337	purpose of providing environmental assessments, case management,
4338	health education, personal care services, family planning, or
4339	followup treatment, or for the purpose of monitoring and
4340	tracking disease.
4341	3.  Services provided to persons with who have
4342	developmental disabilities, as defined in s. 393.063.
4343	4.  Companion and sitter organizations that were registered
4344	under s. 400.509(1) on January 1, 1999, and were authorized to
4345	provide personal services under s. 393.063(33) under a
4346	developmental services provider certificate on January 1, 1999,
4347	may continue to provide such services to past, present, and
4348	future clients of the organization who need such services,
4349	notwithstanding the provisions of this act.
4350	5.  The Department of Children and Family Services.
4351	Section 73.  Subsection (7) of section 744.704, Florida
4352	Statutes, is amended to read:
4353	744.704  Powers and duties.--
4354	(7)  A public guardian shall not commit a ward to a mental
4355	health treatment facility, as defined in s. 394.455(32)(30),
4356	without an involuntary placement proceeding as provided by law.
4357	Section 74.  Subsection (4) of section 984.22, Florida
4358	Statutes, is amended to read:
4359	984.22  Powers of disposition.--
4360	(4)  All payments of fees made to the department under
4361	pursuant to this chapter, or child support payments made to the
4362	department pursuant to subsection (3), shall be deposited in the
4363	General Revenue Fund. In cases in which the child is placed in
4364	foster care with the Department of Children and Family Services,
4365	such child support payments shall be deposited in the Community
4366	Resources Development Trust Fund.
4367	Section 75.  This act shall take effect July 1, 2006.

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