HB 1503

CS

CHAMBER ACTION

1	The Health Care Appropriations Committee recommends the
2	following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to persons with disabilities; amending s.
8	20.197, F.S.; requiring the director of the Agency for
9	Persons with Disabilities to be subject to confirmation by
10	the Senate; requiring the agency to create a Division of
11	Budget and Planning and a Division of Operations;
12	authorizing the director to recommend creating additional
13	subdivisions of the agency in order to promote efficient
14	and effective operation of the agency; amending s. 39.001,
15	F.S., relating to the development of a comprehensive state
16	plan for children; conforming provisions to the transfer
17	of duties from the Developmental Disabilities Program
18	Office within the Department of Children and Family
19	Services to the Agency for Persons with Disabilities;
20	amending s. 39.202, F.S.; providing for certain employees,
21	agents, and contract providers of the agency to have
22	access to records concerning cases of child abuse or
23	neglect for specified purposes; amending s. 39.407, F.S.;
24	deleting provisions authorizing the treatment of a child
25	under ch. 393, F.S., if the child is alleged to be
26	dependent; amending s. 287.155, F.S.; authorizing the
27	agency to purchase vehicles under certain circumstances;
28	amending ss. 381.0072 and 383.14, F.S., relating to food
29	service licenses and the Genetics and Newborn Screening
30	Advisory Council, respectively; conforming provisions to
31	the transfer of duties from the Developmental Disabilities
32	Program Office within the Department of Children and
33	Family Services to the Agency for Persons with
34	Disabilities; repealing s. 393.061, F.S., relating to a
35	short title; amending s. 393.062, F.S.; revising
36	legislative findings and intent to conform to changes in
37	terminology; amending s. 393.063, F.S.; revising the
38	definitions applicable to ch. 393, F.S., relating to
39	developmental disabilities; amending s. 393.064, F.S.;
40	revising the duties of the Agency for Persons with
41	Disabilities with respect to prevention services,
42	evaluations and assessments, intervention services, and
43	support services; amending s. 393.0641, F.S.; defining the
44	term "severe self-injurious behavior" for purposes of a
45	program of prevention and treatment for individuals
46	exhibiting such behavior; amending s. 393.065, F.S.,
47	relating to application for services and the determination
48	of eligibility for services; providing for children in the
49	child welfare system to be placed at the top of the
50	agency's wait list for waiver services; authorizing the
51	agency to adopt rules; amending s. 393.0651, F.S.,
52	relating to support plans for families and individuals;
53	revising the age at which support plans are developed for
54	children; deleting a prohibition against assessing certain
55	fees; creating s. 393.0654, F.S.; specifying circumstances
56	under which an employee of the agency may own, operate, or
57	work in a private facility under contract with the agency;
58	amending s. 393.0655, F.S.; revising the screening
59	requirements for direct service providers; providing a
60	temporary exemption from screening requirements for
61	certain providers; amending s. 393.0657, F.S.; revising an
62	exemption from certain requirements for refingerprinting
63	and rescreening; amending s. 393.066, F.S.; revising
64	certain requirements for the services provided by the
65	agency; requiring agency approval for purchased services;
66	revising the agency's rulemaking authority; amending s.
67	393.067, F.S.; revising requirements governing the
68	agency's licensure procedures; revising the requirements
69	for background screening of applicants for licensure and
70	managers, supervisors, and staff members of service
71	providers; requiring that the agency adopt rules governing
72	the reporting of incidents; deleting certain
73	responsibilities of the Agency for Health Care
74	Administration with respect to the development and review
75	of emergency management plans; amending s. 393.0673, F.S.;
76	providing circumstances under which the agency may deny,
77	revoke, or suspend a license or impose a fine; requiring
78	the Agency for Persons with Disabilities to adopt rules
79	for evaluating violations and determining the amount of
80	fines; amending s. 393.0674, F.S.; providing a penalty for
81	failure by a provider to comply with background screening
82	requirements; amending s. 393.0675, F.S.; deleting certain
83	obsolete provisions requiring that a provider be of good
84	moral character; amending s. 393.0678, F.S.; deleting
85	provisions governing receivership proceedings for an
86	intermediate care facility for the developmentally
87	disabled; amending s. 393.068, F.S.; requiring that the
88	family care program emphasize self-determination; removing
89	supported employment from the list of services available
90	under the family care program; revising certain
91	requirements for reimbursing a family care program
92	provider; amending s. 393.0695, F.S., relating to in-home
93	subsidies; requiring that the Agency for Persons with
94	Disabilities adopt rules for such subsidies; amending s.
95	393.075, F.S., relating to liability coverage for
96	facilities licensed by the agency; conforming terminology;
97	amending s. 393.11, F.S.; revising provisions governing
98	the involuntary admission of a person to residential
99	services; clarifying provisions governing involuntary
100	commitment; requiring that a person who is charged with a
101	felony will have his or her competency determined under
102	ch. 916, F.S.; conforming terminology; amending s.
103	393.122, F.S.; clarifying requirements governing
104	applications for continued residential services; amending
105	s. 393.13, F.S., relating to the Bill of Rights of Persons
106	Who are Developmentally Disabled; deleting a provision
107	protecting minimum wage compensation for certain programs;
108	limiting the use of restraint and seclusion; requiring the
109	agency to adopt rules governing the use of restraint or
110	seclusion; revising requirements for client records;
111	deleting certain requirements governing local advocacy
112	councils; allowing the resident government to include
113	disability advocates from the community; amending s.
114	393.135, F.S.; revising definitions; clarifying provisions
115	making such misconduct a second-degree felony; amending s.
116	393.15, F.S.; establishing the Community Resources
117	Development Loan Program to provide loans to foster homes,
118	group homes, and supported employment programs; providing
119	legislative intent; providing eligibility requirements;
120	providing authorized uses of loan funds; requiring that
121	the agency adopt rules governing the loan program;
122	providing requirements for repaying loans; amending s.
123	393.17, F.S.; authorizing the agency to establish
124	certification programs for persons providing services to
125	clients; requiring that the agency establish a
126	certification program for behavior analysts; requiring
127	that the program be reviewed and validated; creating s.
128	393.18, F.S.; providing for a comprehensive transition
129	education program for persons who have severe or moderate
130	maladaptive behaviors; specifying the types of treatment
131	and education centers providing services under the
132	program; providing requirements for licensure; requiring
133	individual education plans for persons receiving services;
134	limiting the number of persons who may receive services in
135	such a program; authorizing licensure of certain existing
136	programs; creating s. 393.23, F.S.; requiring that
137	receipts from operating canteens, vending machines, and
138	other like activities in a developmental disabilities
139	institution be deposited in a trust account in a bank,
140	credit union, or savings and loan association; describing
141	how the moneys earned may be expended; allowing for the
142	investment of the funds; requiring that the accounting
143	system at the institution account for the revenues and
144	expenses of the activities; requiring that sales tax
145	moneys be remitted to the Department of Revenue; amending
146	s. 393.501, F.S.; revising the agency's rulemaking
147	authority; providing requirements for rules governing
148	alternative living centers and independent living
149	education centers; amending s. 394.453, F.S.; declaring
150	that the policy of the state is to achieve an ongoing
151	reduction of the use of restraint and seclusion on persons
152	with mental illness who are served by programs and
153	facilities operated, licensed, or monitored by the agency;
154	amending s. 394.455, F.S.; defining the terms "restraint"
155	and "seclusion" for purposes of the Baker Act; amending s.
156	394.457, F.S.; requiring the Department of Children and
157	Family Services to adopt rules for the use of restraint
158	and seclusion for cases handled under the Baker Act;
159	amending s. 394.879, F.S.; requiring that rules be adopted
160	for the use of restraint and seclusion; amending s.
161	397.405, F.S.; clarifying an exemption from licensure
162	provided to certain facilities licensed under ch. 393,
163	F.S.; amending s. 400.419, F.S.; requiring that a list of
164	facilities subject to sanctions or fines be disseminated
165	to the Agency for Persons with Disabilities; amending s.
166	400.960, F.S.; revising definitions for purposes of part
167	XI of ch. 400, F.S., relating to nursing homes and related
168	facilities; amending 400.962, F.S.; requiring an applicant
169	for a license to operate an intermediate care facility to
170	agree to provide or arrange for active treatment services;
171	providing rulemaking authority; amending s. 400.967, F.S.,
172	relating to rules and classification of deficiencies;
173	conforming provisions to the transfer of duties from the
174	Department of Children and Family Services to the Agency
175	for Persons with Disabilities; requiring that rules be
176	adopted for the use of restraint and seclusion; amending
177	ss. 402.115, 402.17, 402.181, 402.20, 402.22, and 402.33,
178	F.S.; including the Agency for Persons with Disabilities
179	within provisions governing the sharing of information,
180	claims for the care and maintenance of facility residents,
181	county contracts for services for persons with
182	developmental disabilities, education programs for
183	students who reside in state facilities, and fees for
184	services; conforming provisions to changes made by the
185	act; correcting a cross-reference; amending s. 408.036,
186	F.S., relating to projects that are exempt from obtaining
187	a certificate of need; conforming terminology; amending s.
188	409.221, F.S., relating to the consumer directed care
189	program; conforming provisions to changes made by the act;
190	amending ss. 409.908 and 409.9127, F.S., relating to the
191	Medicaid program; conforming a cross-reference; deleting
192	obsolete provisions; amending ss. 411.224 and 411.232,
193	F.S.; conforming provisions to the transfer of duties from
194	the Developmental Disabilities Program Office within the
195	Department of Children and Family Services to the Agency
196	for Persons with Disabilities; amending ss. 415.102,
197	415.1035, 415.1055, and 415.107, F.S.; conforming
198	terminology; including the Agency for Persons with
199	Disabilities within provisions providing requirements that
200	a facility inform residents of certain rights,
201	notification requirements for administrative entities, and
202	requirements for maintaining the confidentiality of
203	reports and records; amending s. 435.03, F.S., relating to
204	screening standards; conforming terminology and a cross-
205	reference; amending ss. 490.014 and 491.014, F.S.,
206	relating to exemptions from licensure for psychologists
207	and certain specified counselors, respectively; conforming
208	provisions to changes made by the act; amending ss.
209	944.602, 945.025, 947.185, and 985.224, F.S., relating to
210	the Department of Corrections, the Parole Commission, and
211	petitions alleging delinquency; conforming provisions to
212	the transfer of duties from the Developmental Disabilities
213	Program Office within the Department of Children and
214	Family Services to the Agency for Persons with
215	Disabilities; amending s. 1003.58, F.S.; including
216	facilities operated by the Agency for Persons with
217	Disabilities within provisions governing the residential
218	care of students; amending ss. 17.61 and 400.464, F.S.,
219	relating to investment of certain funds and home health
220	services for persons with disabilities, respectively;
221	conforming provisions to changes made by the act; amending
222	s. 744.704, F.S.; correcting a cross-reference; amending
223	s. 984.22, F.S.; removing a provision that specifies fines
224	be deposited into the Community Resources Development
225	Trust Fund; providing an effective date.
226
227	Be It Enacted by the Legislature of the State of Florida:
228
229	Section 1.  Section 20.197, Florida Statutes, is amended to
230	read:
231	20.197  Agency for Persons with Disabilities.--There is
232	created the Agency for Persons with Disabilities, housed within
233	the Department of Children and Family Services for
234	administrative purposes only. The agency shall be a separate
235	budget entity not subject to control, supervision, or direction
236	by the Department of Children and Family Services in any manner,
237	including, but not limited to, personnel, purchasing,
238	transactions involving real or personal property, and budgetary
239	matters.
240	(1)  The director of the agency shall be the agency head
241	for all purposes and shall be appointed by the Governor, subject
242	to confirmation by the Senate, and shall serve at the pleasure
243	of the Governor. The director shall administer the affairs of
244	the agency and establish administrative units as needed and may,
245	within available resources, employ assistants, professional
246	staff, and other employees as necessary to discharge the powers
247	and duties of the agency.
248	(2)  The agency shall include a Division of Budget and
249	Planning and a Division of Operations. In addition, and in
250	accordance with s. 20.04, the director of the agency may
251	recommend establishing additional divisions, bureaus, sections,
252	and subsections of the agency in order to promote efficient and
253	effective operation of the agency.
254	(3)(2)  The agency is shall be responsible for providing
255	the provision of all services provided to persons with
256	developmental disabilities under pursuant to chapter 393,
257	including the operation of all state institutional programs and
258	the programmatic management of Medicaid waivers established to
259	provide services to persons with developmental disabilities.
260	(4)(3)  The agency shall engage in such other
261	administrative activities as are deemed necessary to effectively
262	and efficiently address the needs of the agency's clients.
263	(5)(4)  The agency shall enter into an interagency
264	agreement that delineates the responsibilities of the Agency for
265	Health Care Administration for the following:
266	(a)  The terms and execution of contracts with Medicaid
267	providers for the provision of services provided through
268	Medicaid, including federally approved waiver programs.
269	(b)  The billing, payment, and reconciliation of claims for
270	Medicaid services reimbursed by the agency.
271	(c)  The implementation of utilization management measures,
272	including the prior authorization of services plans and the
273	streamlining and consolidation of waivers services, to ensure
274	the cost-effective provision of needed Medicaid services and to
275	maximize the number of persons with access to such services.
276	(d)  A system of approving each client's plan of care to
277	ensure that the services on the plan of care are those that
278	without which the client would require the services of an
279	intermediate care facility for the developmentally disabled.
280	Section 2.  Paragraph (b) of subsection (7) of section
281	39.001, Florida Statutes, is amended to read:
282	39.001  Purposes and intent; personnel standards and
283	screening.--
284	(7)  PLAN FOR COMPREHENSIVE APPROACH.--
285	(b)  The development of the comprehensive state plan shall
286	be accomplished in the following manner:
287	1.  The department shall establish an interprogram task
288	force comprised of the Program Director for Family Safety, or a
289	designee, a representative from the Child Care Services Program
290	Office, a representative from the Family Safety Program Office,
291	a representative from the Mental Health Program Office, a
292	representative from the Substance Abuse Program Office, a
293	representative from the Agency for Persons with Disabilities
294	Developmental Disabilities Program Office, and a representative
295	from the Division of Children's Medical Services Network
296	Prevention and Intervention of the Department of Health.
297	Representatives of the Department of Law Enforcement and of the
298	Department of Education shall serve as ex officio members of the
299	interprogram task force. The interprogram task force shall be
300	responsible for:
301	a.  Developing a plan of action for better coordination and
302	integration of the goals, activities, and funding pertaining to
303	the prevention of child abuse, abandonment, and neglect
304	conducted by the department in order to maximize staff and
305	resources at the state level. The plan of action shall be
306	included in the state plan.
307	b.  Providing a basic format to be utilized by the
308	districts in the preparation of local plans of action in order
309	to provide for uniformity in the district plans and to provide
310	for greater ease in compiling information for the state plan.
311	c.  Providing the districts with technical assistance in
312	the development of local plans of action, if requested.
313	d.  Examining the local plans to determine if all the
314	requirements of the local plans have been met and, if they have
315	not, informing the districts of the deficiencies and requesting
316	the additional information needed.
317	e.  Preparing the state plan for submission to the
318	Legislature and the Governor. Such preparation shall include the
319	collapsing of information obtained from the local plans, the
320	cooperative plans with the Department of Education, and the plan
321	of action for coordination and integration of departmental
322	activities into one comprehensive plan. The comprehensive plan
323	shall include a section reflecting general conditions and needs,
324	an analysis of variations based on population or geographic
325	areas, identified problems, and recommendations for change. In
326	essence, the plan shall provide an analysis and summary of each
327	element of the local plans to provide a statewide perspective.
328	The plan shall also include each separate local plan of action.
329	f.  Working with the specified state agency in fulfilling
330	the requirements of subparagraphs 2., 3., 4., and 5.
331	2.  The department, the Department of Education, and the
332	Department of Health shall work together in developing ways to
333	inform and instruct parents of school children and appropriate
334	district school personnel in all school districts in the
335	detection of child abuse, abandonment, and neglect and in the
336	proper action that should be taken in a suspected case of child
337	abuse, abandonment, or neglect, and in caring for a child's
338	needs after a report is made. The plan for accomplishing this
339	end shall be included in the state plan.
340	3.  The department, the Department of Law Enforcement, and
341	the Department of Health shall work together in developing ways
342	to inform and instruct appropriate local law enforcement
343	personnel in the detection of child abuse, abandonment, and
344	neglect and in the proper action that should be taken in a
345	suspected case of child abuse, abandonment, or neglect.
346	4.  Within existing appropriations, the department shall
347	work with other appropriate public and private agencies to
348	emphasize efforts to educate the general public about the
349	problem of and ways to detect child abuse, abandonment, and
350	neglect and in the proper action that should be taken in a
351	suspected case of child abuse, abandonment, or neglect. The plan
352	for accomplishing this end shall be included in the state plan.
353	5.  The department, the Department of Education, and the
354	Department of Health shall work together on the enhancement or
355	adaptation of curriculum materials to assist instructional
356	personnel in providing instruction through a multidisciplinary
357	approach on the identification, intervention, and prevention of
358	child abuse, abandonment, and neglect. The curriculum materials
359	shall be geared toward a sequential program of instruction at
360	the four progressional levels, K-3, 4-6, 7-9, and 10-12.
361	Strategies for encouraging all school districts to utilize the
362	curriculum are to be included in the comprehensive state plan
363	for the prevention of child abuse, abandonment, and neglect.
364	6.  Each district of the department shall develop a plan
365	for its specific geographical area. The plan developed at the
366	district level shall be submitted to the interprogram task force
367	for utilization in preparing the state plan. The district local
368	plan of action shall be prepared with the involvement and
369	assistance of the local agencies and organizations listed in
370	paragraph (a), as well as representatives from those
371	departmental district offices participating in the treatment and
372	prevention of child abuse, abandonment, and neglect. In order to
373	accomplish this, the district administrator in each district
374	shall establish a task force on the prevention of child abuse,
375	abandonment, and neglect. The district administrator shall
376	appoint the members of the task force in accordance with the
377	membership requirements of this section. In addition, the
378	district administrator shall ensure that each subdistrict is
379	represented on the task force; and, if the district does not
380	have subdistricts, the district administrator shall ensure that
381	both urban and rural areas are represented on the task force.
382	The task force shall develop a written statement clearly
383	identifying its operating procedures, purpose, overall
384	responsibilities, and method of meeting responsibilities. The
385	district plan of action to be prepared by the task force shall
386	include, but shall not be limited to:
387	a.  Documentation of the magnitude of the problems of child
388	abuse, including sexual abuse, physical abuse, and emotional
389	abuse, and child abandonment and neglect in its geographical
390	area.
391	b.  A description of programs currently serving abused,
392	abandoned, and neglected children and their families and a
393	description of programs for the prevention of child abuse,
394	abandonment, and neglect, including information on the impact,
395	cost-effectiveness, and sources of funding of such programs.
396	c.  A continuum of programs and services necessary for a
397	comprehensive approach to the prevention of all types of child
398	abuse, abandonment, and neglect as well as a brief description
399	of such programs and services.
400	d.  A description, documentation, and priority ranking of
401	local needs related to child abuse, abandonment, and neglect
402	prevention based upon the continuum of programs and services.
403	e.  A plan for steps to be taken in meeting identified
404	needs, including the coordination and integration of services to
405	avoid unnecessary duplication and cost, and for alternative
406	funding strategies for meeting needs through the reallocation of
407	existing resources, utilization of volunteers, contracting with
408	local universities for services, and local government or private
409	agency funding.
410	f.  A description of barriers to the accomplishment of a
411	comprehensive approach to the prevention of child abuse,
412	abandonment, and neglect.
413	g.  Recommendations for changes that can be accomplished
414	only at the state program level or by legislative action.
415	Section 3.  Paragraphs (a) and (h) of subsection (2) of
416	section 39.202, Florida Statutes, are amended to read:
417	39.202  Confidentiality of reports and records in cases of
418	child abuse or neglect.--
419	(2)  Except as provided in subsection (4), access to such
420	records, excluding the name of the reporter which shall be
421	released only as provided in subsection (5), shall be granted
422	only to the following persons, officials, and agencies:
423	(a)  Employees, authorized agents, or contract providers of
424	the department, the Department of Health, the Agency for Persons
425	with Disabilities, or county agencies responsible for carrying
426	out:
427	1.  Child or adult protective investigations;
428	2.  Ongoing child or adult protective services;
429	3.  Healthy Start services; or
430	4.  Licensure or approval of adoptive homes, foster homes,
431	or child care facilities, facilities licensed under chapter 393,
432	or family day care homes or informal child care providers who
433	receive subsidized child care funding, or other homes used to
434	provide for the care and welfare of children.
435	5.  Services for victims of domestic violence when provided
436	by certified domestic violence centers working at the
437	department's request as case consultants or with shared clients.
438
439	Also, employees or agents of the Department of Juvenile Justice
440	responsible for the provision of services to children, pursuant
441	to chapters 984 and 985.
442	(h)  Any appropriate official of the department or the
443	Agency for Persons with Disabilities who is responsible for:
444	1.  Administration or supervision of the department's
445	program for the prevention, investigation, or treatment of child
446	abuse, abandonment, or neglect, or abuse, neglect, or
447	exploitation of a vulnerable adult, when carrying out his or her
448	official function;
449	2.  Taking appropriate administrative action concerning an
450	employee of the department or the agency who is alleged to have
451	perpetrated child abuse, abandonment, or neglect, or abuse,
452	neglect, or exploitation of a vulnerable adult; or
453	3.  Employing and continuing employment of personnel of the
454	department or the agency.
455	Section 4.  Subsection (5) of section 39.407, Florida
456	Statutes, is amended to read:
457	39.407  Medical, psychiatric, and psychological examination
458	and treatment of child; physical or mental examination of parent
459	or person requesting custody of child.--
460	(5)  A judge may order a child in an out-of-home placement
461	to be treated by a licensed health care professional based on
462	evidence that the child should receive treatment. The judge may
463	also order such child to receive mental health or developmental
464	disabilities services from a psychiatrist, psychologist, or
465	other appropriate service provider. Except as provided in
466	subsection (6), if it is necessary to place the child in a
467	residential facility for such services, the procedures and
468	criteria established in s. 394.467 or chapter 393 shall be used,
469	whichever is applicable. A child may be provided developmental
470	disabilities or mental health services in emergency situations,
471	pursuant to the procedures and criteria contained in s.
472	394.463(1) or chapter 393, whichever is applicable.
473	Section 5.  Section 287.155, Florida Statutes, is amended
474	to read:
475	287.155  Motor vehicles; purchase by Division of
476	Universities, Department of Children and Family Services, Agency
477	for Persons with Disabilities, Department of Health, Department
478	of Juvenile Justice, and Department of Corrections.--
479	(1)  The Division of Universities of the Department of
480	Education, the Department of Children and Family Services, the
481	Agency for Persons with Disabilities, the Department of Health,
482	the Department of Juvenile Justice, and the Department of
483	Corrections may are hereby authorized, subject to the approval
484	of the Department of Management Services, to purchase
485	automobiles, trucks, tractors, and other automotive equipment
486	for the use of institutions under the management of the Division
487	of Universities, the Department of Children and Family Services,
488	the Agency for Persons with Disabilities, the Department of
489	Health, and the Department of Corrections, and for the use of
490	residential facilities managed or contracted by the Department
491	of Juvenile Justice.
492	(2)  The Department of Corrections shall, prior to
493	purchasing motor vehicles, seek to procure the motor vehicles
494	from those vehicles renovated pursuant to correctional work
495	programs of the Department of Corrections, and for the use of
496	residential facilities managed or contracted by the Department
497	of Juvenile Justice.
498	(3)  The Department of Health is authorized, subject to the
499	approval of the Department of Management Services, to purchase
500	automobiles, trucks, and other automotive equipment for use by
501	county health departments.
502	Section 6.  Paragraph (a) of subsection (3) of section
503	381.0072, Florida Statutes, is amended to read:
504	381.0072  Food service protection.--It shall be the duty of
505	the Department of Health to adopt and enforce sanitation rules
506	consistent with law to ensure the protection of the public from
507	food-borne illness. These rules shall provide the standards and
508	requirements for the storage, preparation, serving, or display
509	of food in food service establishments as defined in this
510	section and which are not permitted or licensed under chapter
511	500 or chapter 509.
512	(3)  LICENSES REQUIRED.--
513	(a)  Licenses; annual renewals.--Each food service
514	establishment regulated under this section shall obtain a
515	license from the department annually. Food service establishment
516	licenses shall expire annually and are shall not be transferable
517	from one place or individual to another. However, those
518	facilities licensed by the department's Office of Licensure and
519	Certification, the Child Care Services Program Office, or the
520	Agency for Persons with Developmental Disabilities Program
521	Office are exempt from this subsection. It shall be a
522	misdemeanor of the second degree, punishable as provided in s.
523	381.0061, s. 775.082, or s. 775.083, for such an establishment
524	to operate without this license. The department may refuse a
525	license, or a renewal thereof, to any establishment that is not
526	constructed or maintained in accordance with law and with the
527	rules of the department. Annual application for renewal is shall
528	not be required.
529	Section 7.  Subsection (5) of section 383.14, Florida
530	Statutes, is amended to read:
531	383.14  Screening for metabolic disorders, other hereditary
532	and congenital disorders, and environmental risk factors.--
533	(5)  ADVISORY COUNCIL.--There is established a Genetics and
534	Newborn Screening Advisory Council made up of 15 members
535	appointed by the Secretary of Health. The council shall be
536	composed of two consumer members, three practicing
537	pediatricians, at least one of whom must be a pediatric
538	hematologist, one representative from each of the four medical
539	schools in the state, the Secretary of Health or his or her
540	designee, one representative from the Department of Health
541	representing Children's Medical Services, one representative
542	from the Florida Hospital Association, one individual with
543	experience in newborn screening programs, one individual
544	representing audiologists, and one representative from the
545	Agency for Persons with Disabilities Developmental Disabilities
546	Program Office of the Department of Children and Family
547	Services. All appointments shall be for a term of 4 years. The
548	chairperson of the council shall be elected from the membership
549	of the council and shall serve for a period of 2 years. The
550	council shall meet at least semiannually or upon the call of the
551	chairperson. The council may establish ad hoc or temporary
552	technical advisory groups to assist the council with specific
553	topics which come before the council. Council members shall
554	serve without pay. Pursuant to the provisions of s. 112.061, the
555	council members are entitled to be reimbursed for per diem and
556	travel expenses. It is the purpose of the council to advise the
557	department about:
558	(a)  Conditions for which testing should be included under
559	the screening program and the genetics program.
560	(b)  Procedures for collection and transmission of
561	specimens and recording of results.
562	(c)  Methods whereby screening programs and genetics
563	services for children now provided or proposed to be offered in
564	the state may be more effectively evaluated, coordinated, and
565	consolidated.
566	Section 8.  Section 393.061, Florida Statutes, is repealed.
567	Section 9.  Section 393.062, Florida Statutes, is amended
568	to read:
569	393.062  Legislative findings and declaration of
570	intent.--The Legislature finds and declares that existing state
571	programs for the treatment of individuals with developmental
572	disabilities who are developmentally disabled, which often
573	unnecessarily place clients in institutions, are unreasonably
574	costly, are ineffective in bringing the individual client to his
575	or her maximum potential, and are in fact debilitating to many a
576	great majority of clients. A redirection in state treatment
577	programs for individuals with developmental disabilities who are
578	developmentally disabled is necessary if any significant
579	amelioration of the problems faced by such individuals is ever
580	to take place. Such redirection should place primary emphasis on
581	programs that have the potential to prevent or reduce the
582	severity of developmental disabilities. Further, the Legislature
583	declares that greatest priority shall be given to the
584	development and implementation of community-based residential
585	placements, services that, and treatment programs for
586	individuals who are developmentally disabled which will enable
587	such individuals with developmental disabilities to achieve
588	their greatest potential for independent and productive living,
589	which will enable them to live in their own homes or in
590	residences located in their own communities, and which will
591	permit them to be diverted or removed from unnecessary
592	institutional placements. This goal The Legislature finds that
593	the eligibility criteria for intermediate-care facilities for
594	the developmentally disabled which are specified in the Medicaid
595	state plan in effect on the effective date of this act are
596	essential to the system of residential services. The Legislature
597	declares that the goal of this act, to improve the quality of
598	life of all developmentally disabled persons by the development
599	and implementation of community-based residential placements,
600	services, and treatment, cannot be met without ensuring the
601	availability of community residential opportunities for
602	developmentally disabled persons in the residential areas of
603	this state. The Legislature, therefore, declares that all
604	persons with developmental disabilities who live in licensed
605	community homes shall have a family living environment
606	comparable to other Floridians and. The Legislature intends that
607	such residences shall be considered and treated as a functional
608	equivalent of a family unit and not as an institution, business,
609	or boarding home. The Legislature further declares that, in
610	developing community-based programs and services for individuals
611	with developmental disabilities who are developmentally
612	disabled, private businesses, not-for-profit corporations, units
613	of local government, and other organizations capable of
614	providing needed services to clients in a cost-efficient manner
615	shall be given preference in lieu of operation of programs
616	directly by state agencies. Finally, it is the intent of the
617	Legislature that all caretakers unrelated to individuals with
618	developmental disabilities receiving care shall be of good moral
619	character.
620	Section 10.  Section 393.063, Florida Statutes, is amended
621	to read:
622	393.063  Definitions.--For the purposes of this chapter,
623	the term:
624	(1)  "Agency" means the Agency for Persons with
625	Disabilities.
626	(2)  "Adult day training" means training services which
627	take place in a nonresidential setting, separate from the home
628	or facility in which the client resides, are intended to support
629	the participation of clients in daily, meaningful, and valued
630	routines of the community, and may include work-like settings
631	that do not meet the definition of supported employment.
632	(3)(2)  "Autism" means a pervasive, neurologically based
633	developmental disability of extended duration which causes
634	severe learning, communication, and behavior disorders with age
635	of onset during infancy or childhood. Individuals with autism
636	exhibit impairment in reciprocal social interaction, impairment
637	in verbal and nonverbal communication and imaginative ability,
638	and a markedly restricted repertoire of activities and
639	interests.
640	(4)(3)  "Cerebral palsy" means a group of disabling
641	symptoms of extended duration which results from damage to the
642	developing brain that may occur before, during, or after birth
643	and that results in the loss or impairment of control over
644	voluntary muscles. For the purposes of this definition, cerebral
645	palsy does not include those symptoms or impairments resulting
646	solely from a stroke.
647	(5)(4)  "Client" means any person determined eligible by
648	the agency for services under this chapter.
649	(6)(5)  "Client advocate" means a friend or relative of the
650	client, or of the client's immediate family, who advocates for
651	the best interests of the client in any proceedings under this
652	chapter in which the client or his or her family has the right
653	or duty to participate.
654	(7)(6)  "Comprehensive assessment" means the process used
655	to determine eligibility for services under this chapter.
656	(8)(7)  "Comprehensive transitional education program"
657	means the program established in s. 393.18. a group of jointly
658	operating centers or units, the collective purpose of which is
659	to provide a sequential series of educational care, training,
660	treatment, habilitation, and rehabilitation services to persons
661	who have developmental disabilities and who have severe or
662	moderate maladaptive behaviors. However, nothing in this
663	subsection shall require such programs to provide services only
664	to persons with developmental disabilities. All such services
665	shall be temporary in nature and delivered in a structured
666	residential setting with the primary goal of incorporating the
667	normalization principle to establish permanent residence for
668	persons with maladaptive behaviors in facilities not associated
669	with the comprehensive transitional education program. The staff
670	shall include psychologists and teachers who shall be available
671	to provide services in each component center or unit of the
672	program. The psychologists shall be individuals who are licensed
673	in this state and certified as behavior analysts in this state,
674	or individuals who are certified as behavior analysts pursuant
675	to s. 393.17.
676	(a)  Comprehensive transitional education programs shall
677	include a minimum of two component centers or units, one of
678	which shall be either an intensive treatment and educational
679	center or a transitional training and educational center, which
680	provide services to persons with maladaptive behaviors in the
681	following sequential order:
682	1.  Intensive treatment and educational center. This
683	component is a self-contained residential unit providing
684	intensive psychological and educational programming for persons
685	with severe maladaptive behaviors, whose behaviors preclude
686	placement in a less restrictive environment due to the threat of
687	danger or injury to themselves or others.
688	2.  Transitional training and educational center. This
689	component is a residential unit for persons with moderate
690	maladaptive behaviors, providing concentrated psychological and
691	educational programming emphasizing a transition toward a less
692	restrictive environment.
693	3.  Community transition residence. This component is a
694	residential center providing educational programs and such
695	support services, training, and care as are needed to assist
696	persons with maladaptive behaviors to avoid regression to more
697	restrictive environments while preparing them for more
698	independent living. Continuous-shift staff shall be required for
699	this component.
700	4.  Alternative living center. This component is a
701	residential unit providing an educational and family living
702	environment for persons with maladaptive behaviors, in a
703	moderately unrestricted setting. Residential staff shall be
704	required for this component.
705	5.  Independent living education center. This component is
706	a facility providing a family living environment for persons
707	with maladaptive behaviors, in a largely unrestricted setting
708	which includes education and monitoring appropriate to support
709	the development of independent living skills.
710	(b)  Centers or units that are components of a
711	comprehensive transitional education program are subject to the
712	license issued to the comprehensive transitional education
713	program and may be located on either single or multiple sites.
714	(c)  Comprehensive transitional education programs shall
715	develop individual education plans for each person with
716	maladaptive behaviors who receives services therein. Such
717	individual education plans shall be developed in accordance with
718	the criteria specified in 20 U.S.C. ss. 401 et seq., and 34
719	C.F.R. part 300.
720	(d)  In no instance shall the total number of persons with
721	maladaptive behaviors being provided services in a comprehensive
722	transitional education program exceed 120.
723	(e)  This subsection shall authorize licensure for
724	comprehensive transitional education programs which by July 1,
725	1989:
726	1.  Are in actual operation; or
727	2.  Own a fee simple interest in real property for which a
728	county or city government has approved zoning allowing for the
729	placement of the facilities described in this subsection, and
730	have registered an intent with the department to operate a
731	comprehensive transitional education program. However, nothing
732	shall prohibit the assignment by such a registrant to another
733	entity at a different site within the state, so long as there is
734	compliance with all criteria of the comprehensive transitional
735	education program and local zoning requirements and provided
736	that each residential facility within the component centers or
737	units of the program authorized under this subparagraph shall
738	not exceed a capacity of 15 persons.
739	(8)  "Day habilitation facility" means any nonresidential
740	facility which provides day habilitation services.
741	(9)  "Day habilitation service" means assistance with the
742	acquisition, retention, or improvement in self-help,
743	socialization, and adaptive skills which takes place in a
744	nonresidential setting, separate from the home or facility in
745	which the individual resides. Day habilitation services shall
746	focus on enabling the individual to attain or maintain his or
747	her maximum functional level and shall be coordinated with any
748	physical, occupational, or speech therapies listed in the plan
749	of care.
750	(9)(10)  "Developmental disability" means a disorder or
751	syndrome that is attributable to retardation, cerebral palsy,
752	autism, spina bifida, or Prader-Willi syndrome; that manifests
753	before the age of 18; and that constitutes a substantial
754	handicap that can reasonably be expected to continue
755	indefinitely.
756	(10)(11)  "Developmental disabilities institution" means a
757	state-owned and state-operated facility, formerly known as a
758	"Sunland Center," providing for the care, habilitation, and
759	rehabilitation of clients with developmental disabilities.
760	(11)(12)  "Direct service provider," also known as
761	"caregiver" in chapters 39 and 415 or "caretaker" in provisions
762	relating to employment security checks, means a person 18 years
763	of age or older who has direct face-to-face contact with a
764	client while providing services to the client individuals with
765	developmental disabilities, or has access to a client's living
766	areas or to a client's funds or personal property, and is not a
767	relative of such individuals.
768	(12)(13)  "Domicile" means the place where a client legally
769	resides, which place is his or her permanent home. Domicile may
770	be established as provided in s. 222.17. Domicile may not be
771	established in Florida by a minor who has no parent domiciled in
772	Florida, or by a minor who has no legal guardian domiciled in
773	Florida, or by any alien not classified as a resident alien.
774	(14)  "Enclave" means a work station in public or private
775	business or industry where a small group of persons with
776	developmental disabilities is employed and receives training and
777	support services or follow-along services among nonhandicapped
778	workers.
779	(15)  "Epilepsy" means a chronic brain disorder of various
780	causes which is characterized by recurrent seizures due to
781	excessive discharge of cerebral neurons. When found concurrently
782	with retardation, autism, or cerebral palsy, epilepsy is
783	considered a secondary disability for which the client is
784	eligible to receive services to ameliorate this condition
785	pursuant to this chapter.
786	(13)(16)  "Express and informed consent" means consent
787	voluntarily given in writing with sufficient knowledge and
788	comprehension of the subject matter involved to enable the
789	person giving consent to make a knowing an understanding and
790	enlightened decision without any element of force, fraud,
791	deceit, duress, or other form of constraint or coercion.
792	(14)(17)  "Family care program" means the program
793	established in s. 393.068.
794	(18)  "Follow-along services" means those support services
795	provided to persons with developmental disabilities in all
796	supported employment programs and may include, but are not
797	limited to, family support, assistance in meeting transportation
798	and medical needs, employer intervention, performance
799	evaluation, advocacy, replacement, retraining or promotional
800	assistance, or other similar support services.
801	(15)(19)  "Foster care facility" means a residential
802	facility licensed under this chapter which provides a family
803	living environment including supervision and care necessary to
804	meet the physical, emotional, and social needs of its residents.
805	The capacity of such a facility may shall not be more than three
806	residents.
807	(16)(20)  "Group home facility" means a residential
808	facility licensed under this chapter which provides a family
809	living environment including supervision and care necessary to
810	meet the physical, emotional, and social needs of its residents.
811	The capacity of such a facility shall be at least 4 but not more
812	than 15 residents. For the purposes of this chapter, group home
813	facilities shall not be considered commercial enterprises.
814	(17)(21)  "Guardian advocate" means a person appointed by a
815	written order of the court to represent a person with
816	developmental disabilities under s. 393.12.
817	(18)(22)  "Habilitation" means the process by which a
818	client is assisted to acquire and maintain those life skills
819	which enable the client to cope more effectively with the
820	demands of his or her condition and environment and to raise the
821	level of his or her physical, mental, and social efficiency. It
822	includes, but is not limited to, programs of formal structured
823	education and treatment.
824	(19)(23)  "High-risk child" means, for the purposes of this
825	chapter, a child from 3 birth to 5 years of age with one or more
826	of the following characteristics:
827	(a)  A developmental delay in cognition, language, or
828	physical development.
829	(b)  A child surviving a catastrophic infectious or
830	traumatic illness known to be associated with developmental
831	delay, when funds are specifically appropriated.
832	(c)  A child with a parent or guardian with developmental
833	disabilities who requires assistance in meeting the child's
834	developmental needs.
835	(d)  A child who has a physical or genetic anomaly
836	associated with developmental disability.
837	(20)(24)  "Intermediate care facility for the
838	developmentally disabled" or "ICF/DD" means a residential
839	facility licensed and certified pursuant to part XI of chapter
840	400.
841	(25)  "Job coach" means a person who provides employment-
842	related training at a worksite to individuals with developmental
843	disabilities.
844	(21)(26)  "Medical/dental services" means medically
845	necessary those services which are provided or ordered for a
846	client by a person licensed under pursuant to the provisions of
847	chapter 458, chapter 459, or chapter 466. Such services may
848	include, but are not limited to, prescription drugs, specialized
849	therapies, nursing supervision, hospitalization, dietary
850	services, prosthetic devices, surgery, specialized equipment and
851	supplies, adaptive equipment, and other services as required to
852	prevent or alleviate a medical or dental condition.
853	(27)  "Mobile work crew" means a group of workers employed
854	by an agency that provides services outside the agency, usually
855	under service contracts.
856	(28)  "Normalization principle" means the principle of
857	letting the client obtain an existence as close to the normal as
858	possible, making available to the client patterns and conditions
859	of everyday life which are as close as possible to the norm and
860	patterns of the mainstream of society.
861	(22)(29)  "Personal care services" means include, but are
862	not limited to, such services as: individual assistance with or
863	supervision of essential activities of daily living for self-
864	care, including ambulation, bathing, dressing, eating, grooming,
865	and toileting, and other similar services that are incidental to
866	the care furnished and essential to the health, safety, and
867	welfare of the client when there is no one else available to
868	perform those services the agency may define by rule. "Personal
869	services" shall not be construed to mean the provision of
870	medical, nursing, dental, or mental health services by the staff
871	of a facility, except as provided in this chapter. In addition,
872	an emergency response device installed in the apartment or
873	living area of a resident shall not be classified as a personal
874	service.
875	(23)(30)  "Prader-Willi syndrome" means an inherited
876	condition typified by neonatal hypotonia with failure to thrive,
877	hyperphagia or an excessive drive to eat which leads to obesity
878	usually at 18 to 36 months of age, mild to moderate mental
879	retardation, hypogonadism, short stature, mild facial
880	dysmorphism, and a characteristic neurobehavior.
881	(31)  "Reassessment" means a process which periodically
882	develops, through annual review and revision of a client's
883	family or individual support plan, a knowledgeable statement of
884	current needs and past development for each client.
885	(24)(32)  "Relative" means an individual who is connected
886	by affinity or consanguinity to the client and who is 18 years
887	of age or older more.
888	(25)(33)  "Resident" means any person with developmental
889	disabilities who is developmentally disabled residing at a
890	residential facility in the state, whether or not such person is
891	a client of the agency.
892	(26)(34)  "Residential facility" means a facility providing
893	room and board and personal care for persons with developmental
894	disabilities.
895	(27)(35)  "Residential habilitation" means supervision and
896	training assistance provided with the acquisition, retention, or
897	improvement in skills related to activities of daily living,
898	such as personal hygiene skills grooming and cleanliness,
899	homemaking skills bedmaking and household chores, eating and the
900	preparation of food, and the social and adaptive skills
901	necessary to enable the individual to reside in the community a
902	noninstitutional setting.
903	(28)(36)  "Residential habilitation center" means a
904	community residential facility licensed under this chapter which
905	that provides residential habilitation services. The capacity of
906	such a facility shall not be fewer than nine residents. After
907	October 1, 1989, no new residential habilitation centers may not
908	shall be licensed and the licensed capacity shall not be
909	increased for any existing residential habilitation center may
910	not be increased.
911	(29)(37)  "Respite service" means appropriate, short-term,
912	temporary care that is provided to a person with developmental
913	disabilities to meet the planned or emergency needs of the
914	person or the family or other direct service provider.
915	(30)  "Restraint" means a physical device, method, or drug
916	used to control dangerous behavior.
917	(a)  A physical restraint is any manual method or physical
918	or mechanical device, material, or equipment attached or
919	adjacent to the individual's body so that he or she cannot
920	easily remove the restraint and which restricts freedom of
921	movement or normal access to one's body.
922	(b)  A drug used as a restraint is a medication used to
923	control the person's behavior or to restrict his or her freedom
924	of movement and is not a standard treatment for the person's
925	medical or psychiatric condition. Physically holding a person
926	during a procedure to forcibly administer psychotropic
927	medication is a physical restraint.
928	(c)  Restraint does not include physical devices, such as
929	orthopedically prescribed appliances, surgical dressings and
930	bandages, supportive body bands, or other physical holding when
931	necessary for routine physical examinations and tests; for
932	purposes of orthopedic, surgical, or other similar medical
933	treatment; when used to provide support for the achievement of
934	functional body position or proper balance; or when used to
935	protect a person from falling out of bed.
936	(31)(38)  "Retardation" means significantly subaverage
937	general intellectual functioning existing concurrently with
938	deficits in adaptive behavior and manifested during the period
939	from conception to age 18. "Significantly subaverage general
940	intellectual functioning," for the purpose of this definition,
941	means performance which is two or more standard deviations from
942	the mean score on a standardized intelligence test specified in
943	the rules of the agency. "Adaptive behavior," for the purpose of
944	this definition, means the effectiveness or degree with which an
945	individual meets the standards of personal independence and
946	social responsibility expected of his or her age, cultural
947	group, and community.
948	(32)  "Seclusion" means the involuntary isolation of a
949	person in a room or area from which the person is prevented from
950	leaving. The prevention may be by physical barrier or by a staff
951	member who is acting in a manner, or who is physically situated,
952	so as to prevent the person from leaving the room or area. For
953	the purposes of this chapter, the term does not mean isolation
954	due to the medical condition or symptoms of the person.
955	(33)  "Self-determination" means an individual's freedom to
956	exercise the same rights as all other citizens, authority to
957	exercise control over funds needed for one's own support,
958	including prioritizing these funds when necessary,
959	responsibility for the wise use of public funds, and self
960	advocacy to speak and advocate for oneself in order to gain
961	independence and ensure that individuals with a developmental
962	disability are treated equally.
963	(39)  "Severe self-injurious behavior" means any chronic
964	behavior that results in injury to the person's own body, which
965	includes, but is not limited to, self-hitting, head banging,
966	self-biting, scratching, and the ingestion of harmful or
967	potentially harmful nutritive or nonnutritive substances.
968	(34)(40)  "Specialized therapies" means those treatments or
969	activities prescribed by and provided by an appropriately
970	trained, licensed, or certified professional or staff person and
971	may include, but are not limited to, physical therapy, speech
972	therapy, respiratory therapy, occupational therapy, behavior
973	therapy, physical management services, and related specialized
974	equipment and supplies.
975	(35)(41)  "Spina bifida" means, for purposes of this
976	chapter, a person with a medical diagnosis of spina bifida
977	cystica or myelomeningocele.
978	(36)(42)  "Support coordinator" means a person who is
979	designated by the agency to assist individuals and families in
980	identifying their capacities, needs, and resources, as well as
981	finding and gaining access to necessary supports and services;
982	coordinating the delivery of supports and services; advocating
983	on behalf of the individual and family; maintaining relevant
984	records; and monitoring and evaluating the delivery of supports
985	and services to determine the extent to which they meet the
986	needs and expectations identified by the individual, family, and
987	others who participated in the development of the support plan.
988	(43)  "Supported employee" means a person who requires and
989	receives supported employment services in order to maintain
990	community-based employment.
991	(37)(44)  "Supported employment" means employment located
992	or provided in a normal employment setting which provides at
993	least 20 hours employment per week in an integrated work
994	setting, with earnings paid on a commensurate wage basis, and
995	for which continued support is needed for job maintenance.
996	(38)(45)  "Supported living" means a category of
997	individually determined services designed and coordinated in
998	such a manner as to provide assistance to adult clients who
999	require ongoing supports to live as independently as possible in
1000	their own homes, to be integrated into the community, and to
1001	participate in community life to the fullest extent possible.
1002	(39)(46)  "Training" means a planned approach to assisting
1003	a client to attain or maintain his or her maximum potential and
1004	includes services ranging from sensory stimulation to
1005	instruction in skills for independent living and employment.
1006	(40)(47)  "Treatment" means the prevention, amelioration,
1007	or cure of a client's physical and mental disabilities or
1008	illnesses.
1009	Section 11.  Subsections (1), (2), and (4) of section
1010	393.064, Florida Statutes, are amended to read:
1011	393.064  Prevention.--
1012	(1)  The agency shall give priority to the development,
1013	planning, and implementation of programs which have the
1014	potential to prevent, correct, cure, or reduce the severity of
1015	developmental disabilities. The agency shall direct an
1016	interagency and interprogram effort for the continued
1017	development of a prevention plan and program. The agency shall
1018	identify, through demonstration projects, through program
1019	evaluation, and through monitoring of programs and projects
1020	conducted outside of the agency, any medical, social, economic,
1021	or educational methods, techniques, or procedures that have the
1022	potential to effectively ameliorate, correct, or cure
1023	developmental disabilities. The agency program shall determine
1024	the costs and benefits that would be associated with such
1025	prevention efforts and shall implement, or recommend the
1026	implementation of, those methods, techniques, or procedures
1027	which are found likely to be cost-beneficial.
1028	(2)  Prevention services provided by the agency shall
1029	developmental services program include services to high-risk and
1030	developmentally disabled children from 3 birth to 5 years of
1031	age, and their families, to meet the intent of chapter 411.
1032	Except for services for children from birth to age 3 years which
1033	Such services shall include individual evaluations or
1034	assessments necessary to diagnose a developmental disability or
1035	high-risk condition and to determine appropriate individual
1036	family and support services, unless evaluations or assessments
1037	are the responsibility of the Division of Children's Medical
1038	Services in the Department of Health Prevention and Intervention
1039	for children ages birth to 3 years eligible for services under
1040	this chapter or part H of the Individuals with Disabilities
1041	Education Act, such services and may include:
1042	(a)  Individual evaluations or assessments necessary to
1043	diagnose a developmental disability or high-risk condition and
1044	to determine appropriate, individual family and support
1045	services.
1046	(b)(a)  Early intervention services, including
1047	developmental training and specialized therapies. Early
1048	intervention services, which are the responsibility of the
1049	Division of Children's Medical Services Prevention and
1050	Intervention for children ages birth to 3 years who are eligible
1051	for services under this chapter or under part H of the
1052	Individuals with Disabilities Education Act, shall not be
1053	provided through the developmental services program unless
1054	funding is specifically appropriated to the developmental
1055	services program for this purpose.
1056	(c)(b)  Support services, such as respite care, parent
1057	education and training, parent-to-parent counseling, homemaker
1058	services, and other services which allow families to maintain
1059	and provide quality care to children in their homes. The
1060	Division of Children's Medical Services Prevention and
1061	Intervention is responsible for the provision of services to
1062	children from birth to 3 years who are eligible for services
1063	under this chapter.
1064	(4)  There is created at the developmental disabilities
1065	services institution in Gainesville a research and education
1066	unit. Such unit shall be named the Raymond C. Philips Research
1067	and Education Unit. The functions of such unit shall include:
1068	(a)  Research into the etiology of developmental
1069	disabilities.
1070	(b)  Ensuring that new knowledge is rapidly disseminated
1071	throughout the developmental services program of the agency.
1072	(c)  Diagnosis of unusual conditions and syndromes
1073	associated with developmental disabilities in clients identified
1074	throughout the developmental disabilities services programs.
1075	(d)  Evaluation of families of clients with developmental
1076	disabilities of genetic origin in order to provide them with
1077	genetic counseling aimed at preventing the recurrence of the
1078	disorder in other family members.
1079	(e)  Ensuring that health professionals in the
1080	developmental disabilities services institution at Gainesville
1081	have access to information systems that will allow them to
1082	remain updated on newer knowledge and maintain their
1083	postgraduate education standards.
1084	(f)  Enhancing staff training for professionals throughout
1085	the agency in the areas of genetics and developmental
1086	disabilities.
1087	Section 12.  Section 393.0641, Florida Statutes, is amended
1088	to read:
1089	393.0641  Program for the prevention and treatment of
1090	severe self-injurious behavior.--
1091	(1)  Contingent upon specific appropriations, there is
1092	created a diagnostic, treatment, training, and research program
1093	for clients exhibiting severe self-injurious behavior. As used
1094	in this section, the term "severe self-injurious behavior" means
1095	any chronic behavior that results in injury to the person's own
1096	body, including, but not limited to, self-hitting, head banging,
1097	self-biting, scratching, and the ingestion of harmful or
1098	potentially harmful nutritive or nonnutritive substances.
1099	(2)  The This program shall:
1100	(a)  Serve as a resource center for information, training,
1101	and program development.
1102	(b)  Research the diagnosis and treatment of severe self-
1103	injurious behavior, and related disorders, and develop methods
1104	of prevention and treatment of self-injurious behavior.
1105	(c)  Identify individuals in critical need.
1106	(d)  Develop treatment programs which are meaningful to
1107	individuals with developmental disabilities, in critical need,
1108	while safeguarding and respecting the legal and human rights of
1109	the individuals.
1110	(e)  Disseminate research findings on the prevention and
1111	treatment of severe self-injurious behavior.
1112	(f)  Collect data on the type, severity, incidence, and
1113	demographics of individuals with severe self-injurious behavior,
1114	and disseminate the data.
1115	(3)(2)  The This program shall adhere to the provisions of
1116	s. 393.13.
1117	(4)(3)  The agency may contract for the provision of any
1118	portion or all of the services required by the program.
1119	(5)(4)  The agency may has the authority to license this
1120	program and shall adopt rules to administer implement the
1121	program.
1122	Section 13.  Subsections (1) and (4) of section 393.065,
1123	Florida Statutes, are amended, and subsections (5) and (6) are
1124	added to that section, to read:
1125	393.065  Application and eligibility determination.--
1126	(1)  Application for services shall be made in writing to
1127	the agency, in the service area district in which the applicant
1128	resides. The agency Employees of the agency's developmental
1129	services program shall review each applicant for eligibility
1130	within 45 days after the date the application is signed for
1131	children under 6 years of age and within 60 days after the date
1132	the application is signed for all other applicants. When
1133	necessary to definitively identify individual conditions or
1134	needs, the agency shall provide a comprehensive assessment. Only
1135	applicants individuals whose domicile is in Florida are eligible
1136	for services. Information accumulated by other agencies,
1137	including professional reports and collateral data, shall be
1138	considered in this process when available.
1139	(4)  The agency shall assess the level of need and medical
1140	necessity for prospective residents of intermediate-care
1141	facilities for the developmentally disabled after October 1,
1142	1999. The agency may enter into an agreement with the Department
1143	of Elderly Affairs for its Comprehensive Assessment and Review
1144	for Long-Term-Care Services (CARES) program to conduct
1145	assessments to determine the level of need and medical necessity
1146	for long-term-care services under this chapter. To the extent
1147	permissible under federal law, the assessments shall must be
1148	funded under Title XIX of the Social Security Act.
1149	(5)  With the exception of clients deemed to be in crisis
1150	whom the agency shall serve as described in rule, the agency
1151	shall place at the top of its wait list for waiver services
1152	those children on the wait list who are from the child welfare
1153	system with an open case in the Department of Children and
1154	Family Services' statewide automated child welfare information
1155	system.
1156	(6)  The agency may adopt rules specifying application
1157	procedures and eligibility criteria as needed to administer this
1158	section.
1159	Section 14.  Section 393.0651, Florida Statutes, is amended
1160	to read:
1161	393.0651  Family or individual support plan.--The agency
1162	shall provide directly or contract for the development of a an
1163	appropriate family support plan for children ages 3 birth to 18
1164	years of age and an individual support plan for each client. The
1165	parent or guardian of The client or, if competent, the client's
1166	parent or guardian client, or, when appropriate, the client
1167	advocate, shall be consulted in the development of the plan and
1168	shall receive a copy of the plan. Each plan must shall include
1169	the most appropriate, least restrictive, and most cost-
1170	beneficial environment for accomplishment of the objectives for
1171	client progress and a specification of all services authorized.
1172	The plan must shall include provisions for the most appropriate
1173	level of care for the client. Within the specification of needs
1174	and services for each client, when residential care is
1175	necessary, the agency shall move toward placement of clients in
1176	residential facilities based within the client's community. The
1177	ultimate goal of each plan, whenever possible, shall be to
1178	enable the client to live a dignified life in the least
1179	restrictive setting, be that in the home or in the community.
1180	For children under 6 years of age, the family support plan shall
1181	be developed within the 45-day application period as specified
1182	in s. 393.065(1); for all applicants 6 years of age or older,
1183	the family or individual support plan shall be developed within
1184	the 60-day period as specified in that subsection.
1185	(1)  The agency shall develop and specify by rule the core
1186	components of support plans to be used by each district.
1187	(2)(a)  The family or individual support plan shall be
1188	integrated with the individual education plan (IEP) for all
1189	clients who are public school students entitled to a free
1190	appropriate public education under the Individuals with
1191	Disabilities Education Act, I.D.E.A., as amended. The family or
1192	individual support plan and IEP shall be implemented to maximize
1193	the attainment of educational and habilitation goals.
1194	(a)  If the IEP for a student enrolled in a public school
1195	program indicates placement in a public or private residential
1196	program is necessary to provide special education and related
1197	services to a client, the local education agency shall provide
1198	for the costs of that service in accordance with the
1199	requirements of the Individuals with Disabilities Education Act,
1200	I.D.E.A., as amended. This shall not preclude local education
1201	agencies and the agency from sharing the residential service
1202	costs of students who are clients and require residential
1203	placement. Under no circumstances shall clients entitled to a
1204	public education or their parents be assessed a fee by the
1205	agency under s. 402.33 for placement in a residential program.
1206	(b)  For clients who are entering or exiting the school
1207	system, an interdepartmental staffing team composed of
1208	representatives of the agency and the local school system shall
1209	develop a written transitional living and training plan with the
1210	participation of the client or with the parent or guardian of
1211	the client, or the client advocate, as appropriate.
1212	(3)  Each family or individual support plan shall be
1213	facilitated through case management designed solely to advance
1214	the individual needs of the client.
1215	(4)  In the development of the family or individual support
1216	plan, a client advocate may be appointed by the support planning
1217	team for a client who is a minor or for a client who is not
1218	capable of express and informed consent when:
1219	(a)  The parent or guardian cannot be identified;
1220	(b)  The whereabouts of the parent or guardian cannot be
1221	discovered; or
1222	(c)  The state is the only legal representative of the
1223	client.
1224
1225	Such appointment shall not be construed to extend the powers of
1226	the client advocate to include any of those powers delegated by
1227	law to a legal guardian.
1228	(5)  The agency shall place a client in the most
1229	appropriate and least restrictive, and cost-beneficial,
1230	residential facility according to his or her individual support
1231	habilitation plan. The parent or guardian of The client or, if
1232	competent, the client's parent or guardian client, or, when
1233	appropriate, the client advocate, and the administrator of the
1234	residential facility to which placement is proposed shall be
1235	consulted in determining the appropriate placement for the
1236	client. Considerations for placement shall be made in the
1237	following order:
1238	(a)  Client's own home or the home of a family member or
1239	direct service provider.
1240	(b)  Foster care facility.
1241	(c)  Group home facility.
1242	(d)  Intermediate care facility for the developmentally
1243	disabled.
1244	(e)  Other facilities licensed by the agency which offer
1245	special programs for people with developmental disabilities.
1246	(f)  Developmental disabilities services institution.
1247	(6)  In developing a client's annual family or individual
1248	support plan, the individual or family with the assistance of
1249	the support planning team shall identify measurable objectives
1250	for client progress and shall specify a time period expected for
1251	achievement of each objective.
1252	(7)  The individual, family, and support coordinator shall
1253	review progress in achieving the objectives specified in each
1254	client's family or individual support plan, and shall revise the
1255	plan annually, following consultation with the client, if
1256	competent, or with the parent or guardian of the client, or,
1257	when appropriate, the client advocate. The agency or designated
1258	contractor shall annually report in writing to the client, if
1259	competent, or to the parent or guardian of the client, or to the
1260	client advocate, when appropriate, with respect to the client's
1261	habilitative and medical progress.
1262	(8)  Any client, or any parent of a minor client, or
1263	guardian, authorized guardian advocate, or client advocate for a
1264	client, who is substantially affected by the client's initial
1265	family or individual support plan, or the annual review thereof,
1266	shall have the right to file a notice to challenge the decision
1267	pursuant to ss. 120.569 and 120.57. Notice of such right to
1268	appeal shall be included in all support plans provided by the
1269	agency.
1270	Section 15.  Section 393.0654, Florida Statutes, is created
1271	to read.
1272	393.0654  Direct service providers; private sector
1273	services.--It is not a violation of s. 112.313(7) for a direct
1274	service provider who is employed by the agency to own, operate,
1275	or work in a private facility that is a service provider under
1276	contract with the agency if:
1277	(1)  The employee does not have any role in the agency's
1278	placement recommendations or the client's decisionmaking process
1279	regarding placement;
1280	(2)  The direct service provider's employment with the
1281	agency does not compromise the ability of the client to make a
1282	voluntary choice among private providers for services;
1283	(3)  The employee's employment outside the agency does not
1284	create a conflict with the employee's public duties and does not
1285	impede the full and faithful discharge of the employee's duties
1286	as assigned by the agency; and
1287	(4)  The service provider discloses the dual employment or
1288	ownership status to the agency and all clients within the
1289	provider's care. The disclosure must be given to the agency, the
1290	client, and the client's guardian or guardian advocate, if
1291	appropriate.
1292	Section 16.  Section 393.0655, Florida Statutes, is amended
1293	to read:
1294	393.0655  Screening of direct service providers.--
1295	(1)  MINIMUM STANDARDS.--The agency shall require level 2
1296	employment screening pursuant to chapter 435 for direct service
1297	providers who are unrelated to their clients, including support
1298	coordinators, and managers and supervisors of residential
1299	facilities or comprehensive transitional education programs
1300	licensed under this chapter s. 393.067 and any other person,
1301	including volunteers, who provide care or services, who have
1302	access to a client's living areas, or who have access to a
1303	client's funds or personal property. Background screening shall
1304	include employment history checks as provided in s. 435.03(1)
1305	and local criminal records checks through local law enforcement
1306	agencies.
1307	(a)  A volunteer who assists on an intermittent basis for
1308	less than 40 hours per month does not have to be screened if the
1309	volunteer is under the direct and constant visual supervision of
1310	persons who meet the screening requirements of this section.
1311	(b)  Licensed physicians, nurses, or other professionals
1312	licensed and regulated by the Department of Health are not
1313	subject to background screening pursuant to this section if they
1314	are providing a service that is within their scope of licensed
1315	practice.
1316	(c)  A person selected by the family or the individual with
1317	developmental disabilities and paid by the family or the
1318	individual to provide supports or services is not required to
1319	have a background screening under this section.
1320	(d)  Persons 12 years of age or older, including family
1321	members, residing with a the direct services provider who
1322	provides services to clients in his or her own place of
1323	residence, including family members, are subject to background
1324	screening; however, such persons who are 12 to 18 years of age
1325	shall be screened for delinquency records only.
1326	(e)  A direct service provider who is awaiting the
1327	completion of background screening is temporarily exempt from
1328	the screening requirements under this section if the provider is
1329	under the direct and constant visual supervision of persons who
1330	meet the screening requirements of this section. Such exemption
1331	expires 90 days after the direct service provider first provides
1332	care or services to clients, has access to a client's living
1333	areas, or has access to a client's funds or personal property.
1334	(2)  EXEMPTIONS FROM DISQUALIFICATION.--The agency may
1335	grant exemptions from disqualification from working with
1336	children or adults with developmental disabilities only as
1337	provided in s. 435.07.
1338	(3)  PAYMENT FOR PROCESSING OF FINGERPRINTS AND STATE
1339	CRIMINAL RECORDS CHECKS.--The costs of processing fingerprints
1340	and the state criminal records checks shall be borne by the
1341	employer or by the employee or individual who is being screened.
1342	(4)  TERMINATION EXCLUSION FROM OWNING, OPERATING, OR BEING
1343	EMPLOYED BY A DIRECT SERVICE PROVIDER RESIDENTIAL FACILITY;
1344	HEARINGS PROVIDED.--
1345	(a)  The agency shall deny, suspend, terminate, or revoke a
1346	license, certification, rate agreement, purchase order, or
1347	contract, or pursue other remedies provided in s. 393.0673, s.
1348	393.0675, or s. 393.0678 in addition to or in lieu of denial,
1349	suspension, termination, or revocation for failure to comply
1350	with this section.
1351	(b)  When the agency has reasonable cause to believe that
1352	grounds for denial or termination of employment exist, it shall
1353	notify, in writing, the employer and the person direct service
1354	provider affected, stating the specific record that which
1355	indicates noncompliance with the standards in this section.
1356	(c)  The procedures established for hearing under chapter
1357	120 shall be available to the employer and the person affected
1358	direct service provider in order to present evidence relating
1359	either to the accuracy of the basis of exclusion or to the
1360	denial of an exemption from disqualification.
1361	(d)  Refusal on the part of an employer to dismiss a
1362	manager, supervisor, or direct service provider who has been
1363	found to be in noncompliance with standards of this section
1364	shall result in automatic denial, termination, or revocation of
1365	the license or, certification, rate agreement, purchase order,
1366	or contract, in addition to any other remedies pursued by the
1367	agency.
1368	Section 17.  Section 393.0657, Florida Statutes, is amended
1369	to read:
1370	393.0657  Persons not required to be refingerprinted or
1371	rescreened.--Persons who have undergone any portion of the
1372	background screening required under s. 393.0655 within the last
1373	12 months are Any provision of law to the contrary
1374	notwithstanding, human resource personnel who have been
1375	fingerprinted or screened pursuant to chapters 393, 394, 397,
1376	402, and 409, and teachers who have been fingerprinted pursuant
1377	to chapter 1012, who have not been unemployed for more than 90
1378	days thereafter, and who under the penalty of perjury attest to
1379	the completion of such fingerprinting or screening and to
1380	compliance with the provisions of this section and the standards
1381	for good moral character as contained in such provisions as ss.
1382	110.1127(3), 393.0655(1), 394.457(6), 397.451, 402.305(2), and
1383	409.175(6), shall not be required to repeat such screening be
1384	refingerprinted or rescreened in order to comply with the any
1385	direct service provider screening or fingerprinting
1386	requirements. Such persons are responsible for providing
1387	documentation of the screening and shall undergo screening for
1388	any remaining background screening requirements that have never
1389	been conducted or have not been completed within the last 12
1390	months.
1391	Section 18.  Section 393.066, Florida Statutes, is amended
1392	to read:
1393	393.066  Community services and treatment for persons who
1394	are developmentally disabled.--
1395	(1)  The agency shall plan, develop, organize, and
1396	implement its programs of services and treatment for persons
1397	with developmental disabilities who are developmentally disabled
1398	to allow clients to live as independently as possible in their
1399	own homes or communities and to achieve productive lives as
1400	close to normal as possible. All elements of community-based
1401	services shall be made available, and eligibility for these
1402	services shall be consistent across the state. In addition, all
1403	purchased services shall be approved by the agency.
1404	(2)  All services needed shall be purchased instead of
1405	provided directly by the agency, when such arrangement is more
1406	cost-efficient than having those services provided directly. All
1407	purchased services must be approved by the agency.
1408	(3)  Community-based services that are medically necessary
1409	to prevent institutionalization shall, to the extent of
1410	available resources, include:
1411	(a)  Adult day training habilitation services, including
1412	developmental training services.
1413	(b)  Family care services.
1414	(c)  Guardian advocate referral services.
1415	(d)  Medical/dental services, except that medical services
1416	shall not be provided to clients with spina bifida except as
1417	specifically appropriated by the Legislature.
1418	(e)  Parent training.
1419	(f)  Personal care services.
1420	(g)(f)  Recreation.
1421	(h)(g)  Residential facility services.
1422	(i)(h)  Respite services.
1423	(j)(i)  Social services.
1424	(k)(j)  Specialized therapies.
1425	(l)(k)  Supported employment, including enclave, job coach,
1426	mobile work crew, and follow-along services.
1427	(m)(l)  Supported living.
1428	(n)(m)  Training, including behavioral-analysis services
1429	behavioral programming.
1430	(o)(n)  Transportation.
1431	(p)(o)  Other habilitative and rehabilitative services as
1432	needed.
1433	(4)  The agency shall utilize the services of private
1434	businesses, not-for-profit organizations, and units of local
1435	government whenever such services are more cost-efficient than
1436	such services provided directly by the department, including
1437	arrangements for provision of residential facilities.
1438	(5)  In order to improve the potential for utilization of
1439	more cost-effective, community-based residential facilities, the
1440	agency shall promote the statewide development of day
1441	habilitation services for clients who live with a direct service
1442	provider in a community-based residential facility and who do
1443	not require 24-hour-a-day care in a hospital or other health
1444	care institution, but who may, in the absence of day
1445	habilitation services, require admission to a developmental
1446	disabilities institution. Each day service facility shall
1447	provide a protective physical environment for clients, ensure
1448	that direct service providers meet minimum screening standards
1449	as required in s. 393.0655, make available to all day
1450	habilitation service participants at least one meal on each day
1451	of operation, provide facilities to enable participants to
1452	obtain needed rest while attending the program, as appropriate,
1453	and provide social and educational activities designed to
1454	stimulate interest and provide socialization skills.
1455	(6)  To promote independence and productivity, the agency
1456	shall provide supports and services, within available resources,
1457	to assist clients enrolled in Medicaid waivers who choose to
1458	pursue gainful employment.
1459	(7)  For the purpose of making needed community-based
1460	residential facilities available at the least possible cost to
1461	the state, the agency is authorized to lease privately owned
1462	residential facilities under long-term rental agreements, if
1463	such rental agreements are projected to be less costly to the
1464	state over the useful life of the facility than state purchase
1465	or state construction of such a facility.
1466	(8)  The agency may adopt rules providing definitions,
1467	eligibility criteria, and procedures for the purchase of
1468	services to ensure compliance with federal laws or regulations
1469	that apply to services provided pursuant to this section.
1470	Section 19.  Section 393.067, Florida Statutes, is amended
1471	to read:
1472	393.067  Facility licensure of residential facilities and
1473	comprehensive transitional education programs.--
1474	(1)  The agency shall provide through its licensing
1475	authority and by rule license application procedures, a system
1476	of provider qualifications, facility and client care standards,
1477	requirements for client records, requirements for staff
1478	qualifications and training criteria for meeting standards, and
1479	requirements for monitoring foster care for residential
1480	facilities, group home facilities, residential habilitation
1481	centers, and comprehensive transitional education programs that
1482	serve agency clients.
1483	(2)  The agency shall conduct annual inspections and
1484	reviews of residential facilities and comprehensive transitional
1485	education programs licensed under this section annually.
1486	(3)  An application for a license under this section must
1487	for a residential facility or a comprehensive transitional
1488	education program shall be made to the agency on a form
1489	furnished by it and shall be accompanied by the appropriate
1490	license fee.
1491	(4)  The application shall be under oath and shall contain
1492	the following:
1493	(a)  The name and address of the applicant, if an applicant
1494	is an individual; if the applicant is a firm, partnership, or
1495	association, the name and address of each member thereof; if the
1496	applicant is a corporation, its name and address and the name
1497	and address of each director and each officer thereof; and the
1498	name by which the facility or program is to be known.
1499	(b)  The location of the facility or program for which a
1500	license is sought.
1501	(c)  The name of the person or persons under whose
1502	management or supervision the facility or program will be
1503	conducted.
1504	(d)  The number and type of residents or clients for which
1505	maintenance, care, education, or treatment is to be provided by
1506	the facility or program.
1507	(e)  The number and location of the component centers or
1508	units which will compose the comprehensive transitional
1509	education program.
1510	(f)  A description of the types of services and treatment
1511	to be provided by the facility or program.
1512	(g)  Information relating to the number, experience, and
1513	training of the employees of the facility or program.
1514	(h)  Certification that the staff of the facility or
1515	program will receive training to detect and prevent sexual abuse
1516	of residents and clients.
1517	(i)  Such other information as the agency determines is
1518	necessary to carry out the provisions of this chapter.
1519	(5)  The applicant shall submit evidence which establishes
1520	the good moral character of the manager or supervisor of the
1521	facility or program and the direct service providers in the
1522	facility or program and its component centers or units. A
1523	license may be issued if all the screening materials have been
1524	timely submitted; however, a license may not be issued or
1525	renewed if any of the direct service providers have failed the
1526	screening required by s. 393.0655.
1527	(a)1.  A licensed residential facility or comprehensive
1528	transitional education program which applies for renewal of its
1529	license shall submit to the agency a list of direct service
1530	providers who have worked on a continuous basis at the applicant
1531	facility or program since submitting fingerprints to the agency
1532	or the Department of Children and Family Services, identifying
1533	those direct service providers for whom a written assurance of
1534	compliance was provided by the agency or department and
1535	identifying those direct service providers who have recently
1536	begun working at the facility or program and are awaiting the
1537	results of the required fingerprint check along with the date of
1538	the submission of those fingerprints for processing. The agency
1539	shall by rule determine the frequency of requests to the
1540	Department of Law Enforcement to run state criminal records
1541	checks for such direct service providers except for those direct
1542	service providers awaiting the results of initial fingerprint
1543	checks for employment at the applicant facility or program. The
1544	agency shall review the records of the direct service providers
1545	at the applicant facility or program with respect to the crimes
1546	specified in s. 393.0655 and shall notify the facility or
1547	program of its findings. When disposition information is missing
1548	on a criminal record, it is the responsibility of the person
1549	being screened, upon request of the agency, to obtain and supply
1550	within 30 days the missing disposition information to the
1551	agency. Failure to supply the missing information within 30 days
1552	or to show reasonable efforts to obtain such information shall
1553	result in automatic disqualification.
1554	2.  The applicant shall sign an affidavit under penalty of
1555	perjury stating that all new direct service providers have been
1556	fingerprinted and that the facility's or program's remaining
1557	direct service providers have worked at the applicant facility
1558	or program on a continuous basis since being initially screened
1559	at that facility or program or have a written assurance of
1560	compliance from the agency or department.
1561	(5)(b)  As a prerequisite for issuance of an the initial or
1562	renewal license, the applicant, and any manager, supervisor, and
1563	staff member of the direct service provider of a facility or
1564	program licensed under this section, must have submitted to
1565	background screening as required under s. 393.0655. A license
1566	may not be issued or renewed if the applicant or any manager,
1567	supervisor, or staff member of the direct service provider has
1568	failed background screenings as required under s. 393.0655. The
1569	agency shall determine by rule the frequency of background
1570	screening. The applicant shall submit with each initial or
1571	renewal application a signed affidavit under penalty of perjury
1572	stating that the applicant and any manager, supervisor, or staff
1573	member of the direct service provider is in compliance with all
1574	requirements for background screening. to a residential facility
1575	or comprehensive transitional education program:
1576	1.  The applicant shall submit to the agency a complete set
1577	of fingerprints, taken by an authorized law enforcement agency
1578	or an employee of the agency who is trained to take
1579	fingerprints, for the manager, supervisor, or direct service
1580	providers of the facility or program;
1581	2.  The agency shall submit the fingerprints to the
1582	Department of Law Enforcement for state processing and for
1583	federal processing by the Federal Bureau of Investigation; and
1584	3.  The agency shall review the record of the manager or
1585	supervisor with respect to the crimes specified in s.
1586	393.0655(1) and shall notify the applicant of its findings. When
1587	disposition information is missing on a criminal record, it is
1588	the responsibility of the manager or supervisor, upon request of
1589	the agency, to obtain and supply within 30 days the missing
1590	disposition information to the agency. Failure to supply the
1591	missing information within 30 days or to show reasonable efforts
1592	to obtain such information shall result in automatic
1593	disqualification.
1594	(c)  The agency or a residential facility or comprehensive
1595	transitional education program may not use the criminal records
1596	or juvenile records of a person obtained under this subsection
1597	for any purpose other than determining if that person meets the
1598	minimum standards for good moral character for a manager or
1599	supervisor of, or direct service provider in, such a facility or
1600	program. The criminal records or juvenile records obtained by
1601	the agency or a residential facility or comprehensive
1602	transitional education program for determining the moral
1603	character of a manager, supervisor, or direct service provider
1604	are exempt from s. 119.07(1).
1605	(6)  Each applicant for licensure as an intermediate care
1606	facility for the developmentally disabled must comply with the
1607	following requirements:
1608	(a)  Upon receipt of a completed, signed, and dated
1609	application, the agency shall require background screening, in
1610	accordance with the level 2 standards for screening set forth in
1611	chapter 435, of the managing employee, or other similarly titled
1612	individual who is responsible for the daily operation of the
1613	facility, and of the financial officer, or other similarly
1614	titled individual who is responsible for the financial operation
1615	of the center, including billings for resident care and
1616	services. The applicant must comply with the procedures for
1617	level 2 background screening as set forth in chapter 435, as
1618	well as the requirements of s. 435.03(3).
1619	(b)  The agency may require background screening of any
1620	other individual who is an applicant if the agency has probable
1621	cause to believe that he or she has been convicted of a crime or
1622	has committed any other offense prohibited under the level 2
1623	standards for screening set forth in chapter 435.
1624	(c)  Proof of compliance with the level 2 background
1625	screening requirements of chapter 435 which has been submitted
1626	within the previous 5 years in compliance with any other health
1627	care licensure requirements of this state is acceptable in
1628	fulfillment of the requirements of paragraph (a).
1629	(d)  A provisional license may be granted to an applicant
1630	when each individual required by this section to undergo
1631	background screening has met the standards for the Department of
1632	Law Enforcement background check, but the agency has not yet
1633	received background screening results from the Federal Bureau of
1634	Investigation, or a request for a disqualification exemption has
1635	been submitted to the agency as set forth in chapter 435, but a
1636	response has not yet been issued. A standard license may be
1637	granted to the applicant upon the agency's receipt of a report
1638	of the results of the Federal Bureau of Investigation background
1639	screening for each individual required by this section to
1640	undergo background screening which confirms that all standards
1641	have been met, or upon the granting of a disqualification
1642	exemption by the agency as set forth in chapter 435. Any other
1643	person who is required to undergo level 2 background screening
1644	may serve in his or her capacity pending the agency's receipt of
1645	the report from the Federal Bureau of Investigation. However,
1646	the person may not continue to serve if the report indicates any
1647	violation of background screening standards and a
1648	disqualification exemption has not been requested of and granted
1649	by the agency as set forth in chapter 435.
1650	(e)  Each applicant must submit to the agency, with its
1651	application, a description and explanation of any exclusions,
1652	permanent suspensions, or terminations of the applicant from the
1653	Medicare or Medicaid programs. Proof of compliance with the
1654	requirements for disclosure of ownership and control interests
1655	under the Medicaid or Medicare programs shall be accepted in
1656	lieu of this submission.
1657	(f)  Each applicant must submit to the agency a description
1658	and explanation of any conviction of an offense prohibited under
1659	the level 2 standards of chapter 435 by a member of the board of
1660	directors of the applicant, its officers, or any individual
1661	owning 5 percent or more of the applicant. This requirement does
1662	not apply to a director of a not-for-profit corporation or
1663	organization if the director serves solely in a voluntary
1664	capacity for the corporation or organization, does not regularly
1665	take part in the day-to-day operational decisions of the
1666	corporation or organization, receives no remuneration for his or
1667	her services on the corporation or organization's board of
1668	directors, and has no financial interest and has no family
1669	members with a financial interest in the corporation or
1670	organization, provided that the director and the not-for-profit
1671	corporation or organization include in the application a
1672	statement affirming that the director's relationship to the
1673	corporation satisfies the requirements of this paragraph.
1674	(g)  A license may not be granted to an applicant if the
1675	applicant or managing employee has been found guilty of,
1676	regardless of adjudication, or has entered a plea of nolo
1677	contendere or guilty to, any offense prohibited under the level
1678	2 standards for screening set forth in chapter 435, unless an
1679	exemption from disqualification has been granted by the agency
1680	as set forth in chapter 435.
1681	(h)  The agency may deny or revoke licensure if the
1682	applicant:
1683	1.  Has falsely represented a material fact in the
1684	application required by paragraph (e) or paragraph (f), or has
1685	omitted any material fact from the application required by
1686	paragraph (e) or paragraph (f); or
1687	2.  Has had prior action taken against the applicant under
1688	the Medicaid or Medicare program as set forth in paragraph (e).
1689	(i)  An application for license renewal must contain the
1690	information required under paragraphs (e) and (f).
1691	(6)(7)  The applicant shall furnish satisfactory proof of
1692	financial ability to operate and conduct the facility or program
1693	in accordance with the requirements of this chapter and adopted
1694	all rules promulgated hereunder.
1695	(7)(8)  The agency shall adopt rules establishing minimum
1696	standards for licensure of residential facilities and
1697	comprehensive transitional education programs licensed under
1698	this section, including rules requiring facilities and programs
1699	to train staff to detect and prevent sexual abuse of residents
1700	and clients, minimum standards of quality and adequacy of client
1701	care, incident-reporting requirements, and uniform firesafety
1702	standards established by the State Fire Marshal which are
1703	appropriate to the size of the facility or of the component
1704	centers or units of the program.
1705	(8)(9)  The agency and the Agency for Health Care
1706	Administration, after consultation with the Department of
1707	Community Affairs, shall adopt rules for foster care residential
1708	facilities, group home facilities, and residential habilitation
1709	centers which establish under the respective regulatory
1710	jurisdiction of each establishing minimum standards for the
1711	preparation and annual update of a comprehensive emergency
1712	management plan. At a minimum, the rules must provide for plan
1713	components that address emergency evacuation transportation;
1714	adequate sheltering arrangements; postdisaster activities,
1715	including emergency power, food, and water; postdisaster
1716	transportation; supplies; staffing; emergency equipment;
1717	individual identification of residents and transfer of records;
1718	and responding to family inquiries. The comprehensive emergency
1719	management plan for all comprehensive transitional education
1720	programs and for homes serving individuals who have complex
1721	medical conditions is subject to review and approval by the
1722	local emergency management agency. During its review, the local
1723	emergency management agency shall ensure that the agency and the
1724	Department of Community Affairs following agencies, at a
1725	minimum, are given the opportunity to review the plan: the
1726	Agency for Health Care Administration, the Agency for Persons
1727	with Disabilities, and the Department of Community Affairs.
1728	Also, appropriate volunteer organizations must be given the
1729	opportunity to review the plan. The local emergency management
1730	agency shall complete its review within 60 days and either
1731	approve the plan or advise the facility of necessary revisions.
1732	(9)(10)  The agency may conduct unannounced inspections to
1733	determine compliance by foster care residential facilities,
1734	group home facilities, residential habilitation centers, and
1735	comprehensive transitional education programs with the
1736	applicable provisions of this chapter and the rules adopted
1737	pursuant hereto, including the rules adopted for training staff
1738	of a facility or a program to detect and prevent sexual abuse of
1739	residents and clients. The facility or program shall make copies
1740	of inspection reports available to the public upon request.
1741	(11)  An alternative living center and an independent
1742	living education center, as defined in s. 393.063, shall be
1743	subject to the provisions of s. 419.001, except that such
1744	centers shall be exempt from the 1,000-foot-radius requirement
1745	of s. 419.001(2) if:
1746	(a)  Such centers are located on a site zoned in a manner
1747	so that all the component centers of a comprehensive transition
1748	education center may be located thereon; or
1749	(b)  There are no more than three such centers within said
1750	radius of 1,000 feet.
1751	(10)(12)  Each residential facility or comprehensive
1752	transitional education program licensed under this section by
1753	the agency shall forward annually to the agency a true and
1754	accurate sworn statement of its costs of providing care to
1755	clients funded by the agency.
1756	(11)(13)  The agency may audit the records of any
1757	residential facility or comprehensive transitional education
1758	program that it has reason to believe may not be in full
1759	compliance with the provisions of this section; provided that,
1760	any financial audit of such facility or program shall be limited
1761	to the records of clients funded by the agency.
1762	(12)(14)  The agency shall establish, for the purpose of
1763	control of licensure costs, a uniform management information
1764	system and a uniform reporting system with uniform definitions
1765	and reporting categories.
1766	(13)(15)  Facilities and programs licensed pursuant to this
1767	section shall adhere to all rights specified in s. 393.13,
1768	including those enumerated in s. 393.13(4).
1769	(14)(16)  An No unlicensed residential facility or
1770	comprehensive transitional education program may not shall
1771	receive state funds. A license for the operation of a facility
1772	or program shall not be renewed if the licensee has any
1773	outstanding fines assessed pursuant to this chapter wherein
1774	final adjudication of such fines has been entered.
1775	(15)(17)  The agency is shall not be required to contract
1776	with new facilities licensed after October 1, 1989, pursuant to
1777	this chapter. Pursuant to chapter 287, the agency shall continue
1778	to contract within available resources for residential services
1779	with facilities licensed prior to October 1, 1989, if such
1780	facilities comply with the provisions of this chapter and all
1781	other applicable laws and regulations.
1782	Section 20.  Section 393.0673, Florida Statutes, is amended
1783	to read:
1784	393.0673  Denial, suspension, revocation of license;
1785	moratorium on admissions; administrative fines; procedures.--
1786	(1)  The agency may deny, revoke, or suspend a license or
1787	impose an administrative fine, not to exceed $1,000 per
1788	violation per day, if the applicant or licensee:
1789	(a)  Has falsely represented, or omitted a material fact in
1790	its license application submitted under s. 393.067.
1791	(b)  Has had prior action taken against it under the
1792	Medicaid or Medicare program.
1793	(c)  Has failed to comply with the applicable requirements
1794	of this chapter or rules applicable to the applicant or licensee
1795	for a violation of any provision of s. 393.0655 or s. 393.067 or
1796	rules adopted pursuant thereto.
1797	(2)  All hearings shall be held within the county in which
1798	the licensee or applicant operates or applies for a license to
1799	operate a facility as defined herein.
1800	(3)(2)  The agency, as a part of any final order issued by
1801	it under the provisions of this chapter, may impose such fine as
1802	it deems proper, except that such fine may not exceed $1,000 for
1803	each violation. Each day a violation of this chapter occurs
1804	constitutes a separate violation and is subject to a separate
1805	fine, but in no event may the aggregate amount of any fine
1806	exceed $10,000. Fines paid by any facility licensee under the
1807	provisions of this subsection shall be deposited in the Resident
1808	Protection Trust Fund and expended as provided in s. 400.063.
1809	(4)(3)  The agency may issue an order immediately
1810	suspending or revoking a license when it determines that any
1811	condition in the facility presents a danger to the health,
1812	safety, or welfare of the residents in the facility.
1813	(5)(4)  The agency may impose an immediate moratorium on
1814	admissions to any facility when the department determines that
1815	any condition in the facility presents a threat to the health,
1816	safety, or welfare of the residents in the facility.
1817	(6)  The agency shall establish by rule criteria for
1818	evaluating the severity of violations and for determining the
1819	amount of fines imposed.
1820	Section 21.  Subsection (1) of section 393.0674, Florida
1821	Statutes, is amended to read:
1822	393.0674  Penalties.--
1823	(1)  It is a misdemeanor of the first degree, punishable as
1824	provided in s. 775.082 or s. 775.083, for any person willfully,
1825	knowingly, or intentionally to:
1826	(a)  Fail, by false statement, misrepresentation,
1827	impersonation, or other fraudulent means, to disclose in any
1828	application for voluntary or paid employment a material fact
1829	used in making a determination as to such person's
1830	qualifications to be a direct service provider;
1831	(b)  Provide or attempt to provide supports or services
1832	with direct service providers who are not in compliance
1833	noncompliance with the background screening requirements minimum
1834	standards for good moral character as contained in this chapter;
1835	or
1836	(c)  Use information from the criminal records or central
1837	abuse hotline obtained under s. 393.0655, s. 393.066, or s.
1838	393.067 for any purpose other than screening that person for
1839	employment as specified in those sections or release such
1840	information to any other person for any purpose other than
1841	screening for employment as specified in those sections.
1842	Section 22.  Subsection (3) of section 393.0675, Florida
1843	Statutes, is amended to read:
1844	393.0675  Injunctive proceedings authorized.--
1845	(3)  The agency may institute proceedings for an injunction
1846	in a court of competent jurisdiction to terminate the operation
1847	of a provider of supports or services if such provider has
1848	willfully and knowingly refused to comply with the screening
1849	requirement for direct service providers or has refused to
1850	terminate direct service providers found not to be in compliance
1851	with such the requirements for good moral character.
1852	Section 23.  Subsection (1) of section 393.0678, Florida
1853	Statutes, is amended to read:
1854	393.0678  Receivership proceedings.--
1855	(1)  The agency may petition a court of competent
1856	jurisdiction for the appointment of a receiver for an
1857	intermediate care facility for the developmentally disabled, a
1858	residential habilitation center, or a group home facility owned
1859	and operated by a corporation or partnership when any of the
1860	following conditions exist:
1861	(a)  Any person is operating a facility without a license
1862	and refuses to make application for a license as required by s.
1863	393.067 or, in the case of an intermediate care facility for the
1864	developmentally disabled, as required by ss. 393.067 and
1865	400.062.
1866	(b)  The licensee is closing the facility or has informed
1867	the department that it intends to close the facility; and
1868	adequate arrangements have not been made for relocation of the
1869	residents within 7 days, exclusive of weekends and holidays, of
1870	the closing of the facility.
1871	(c)  The agency determines that conditions exist in the
1872	facility which present an imminent danger to the health, safety,
1873	or welfare of the residents of the facility or which present a
1874	substantial probability that death or serious physical harm
1875	would result therefrom. Whenever possible, the agency shall
1876	facilitate the continued operation of the program.
1877	(d)  The licensee cannot meet its financial obligations to
1878	provide food, shelter, care, and utilities. Evidence such as the
1879	issuance of bad checks or the accumulation of delinquent bills
1880	for such items as personnel salaries, food, drugs, or utilities
1881	constitutes prima facie evidence that the ownership of the
1882	facility lacks the financial ability to operate the home in
1883	accordance with the requirements of this chapter and all rules
1884	promulgated thereunder.
1885	Section 24.  Subsections (1), (2), (3), (5), and (7) of
1886	section 393.068, Florida Statutes, are amended to read:
1887	393.068  Family care program.--
1888	(1)  The family care program is established for the purpose
1889	of providing services and support to families and individuals
1890	with developmental disabilities in order to maintain the
1891	individual in the home environment and avoid costly out-of-home
1892	residential placement. Services and support available to
1893	families and individuals with developmental disabilities shall
1894	emphasize community living and self-determination and enable
1895	individuals with developmental disabilities to enjoy typical
1896	lifestyles. One way to accomplish this is to recognize that
1897	families are the greatest resource available to individuals who
1898	have developmental disabilities and must be supported in their
1899	role as primary care givers.
1900	(2)  Services and support authorized under the family care
1901	this program shall, to the extent of available resources,
1902	include the services listed under s. 393.066 and, in addition,
1903	shall include, but not be limited to:
1904	(a)  Attendant care.
1905	(b)  Barrier-free modifications to the home.
1906	(c)  Home visitation by agency workers.
1907	(d)  In-home subsidies.
1908	(e)  Low-interest loans.
1909	(f)  Modifications for vehicles used to transport the
1910	individual with a developmental disability.
1911	(g)  Facilitated communication.
1912	(h)  Family counseling.
1913	(i)  Equipment and supplies.
1914	(j)  Self-advocacy training.
1915	(k)  Roommate services.
1916	(l)  Integrated community activities.
1917	(m)  Emergency services.
1918	(n)  Support coordination.
1919	(o)  Supported employment.
1920	(o)(p)  Other support services as identified by the family
1921	or individual.
1922	(3)  When it is determined by the agency to be more cost-
1923	effective and in the best interest of the client to maintain
1924	such client in the home of a direct service provider, the parent
1925	or guardian of the client or, if competent, the client may
1926	enroll the client in the family care program. The direct service
1927	provider of a client enrolled in the family care program shall
1928	be reimbursed according to a rate schedule set by the agency,
1929	except that. in-home subsidies cited in paragraph (2)(d) shall
1930	be provided in accordance with according to s. 393.0695 and are
1931	not subject to any other payment method or rate schedule
1932	provided for in this section.
1933	(5)  The agency may contract for the provision of any
1934	portion of the services required by the program, except for in-
1935	home subsidies cited in paragraph (2)(d), which shall be
1936	provided pursuant to s. 393.0695. Otherwise, purchase of service
1937	contracts shall be used whenever the services so provided are
1938	more cost-efficient than those provided by the agency.
1939	(7)  To provide a range of personal care services for the
1940	client, the use of volunteers shall be maximized. The agency
1941	shall assure appropriate insurance coverage to protect
1942	volunteers from personal liability while acting within the scope
1943	of their volunteer assignments under the program.
1944	Section 25.  Subsection (3) of section 393.0695, Florida
1945	Statutes, is amended, and subsection (5) is added to that
1946	section, to read:
1947	393.0695  Provision of in-home subsidies.--
1948	(3)  In-home subsidies must be based on an individual
1949	determination of need and must not exceed maximum amounts set by
1950	the agency and reassessed by the agency quarterly annually.
1951	(5)  The agency shall adopt rules to administer this
1952	section, including standards and procedures governing
1953	eligibility for services, selection of housing, selection of
1954	providers, and planning for services, and requirements for
1955	ongoing monitoring.
1956	Section 26.  Subsection (2) of section 393.075, Florida
1957	Statutes, is amended to read:
1958	393.075  General liability coverage.--
1959	(2)  The Division of Risk Management of the Department of
1960	Financial Services shall provide coverage through the agency to
1961	any person who owns or operates a foster care facility or group
1962	home facility solely for the agency, who cares for children
1963	placed by developmental services staff of the agency, and who is
1964	licensed pursuant to s. 393.067 to provide such supervision and
1965	care in his or her place of residence. The coverage shall be
1966	provided from the general liability account of the State Risk
1967	Management Trust Fund. The coverage is limited to general
1968	liability claims arising from the provision of supervision and
1969	care of children in a foster care facility or group home
1970	facility pursuant to an agreement with the agency and pursuant
1971	to guidelines established through policy, rule, or statute.
1972	Coverage shall be subject to the limits provided in ss. 284.38
1973	and 284.385, and the exclusions set forth therein, together with
1974	other exclusions as may be set forth in the certificate of
1975	coverage issued by the trust fund. A person covered under the
1976	general liability account pursuant to this subsection shall
1977	immediately notify the Division of Risk Management of the
1978	Department of Financial Services of any potential or actual
1979	claim.
1980	Section 27.  Section 393.11, Florida Statutes, is amended
1981	to read:
1982	393.11  Involuntary admission to residential services.--
1983	(1)  JURISDICTION.--When a person who has been determined
1984	eligible for services for mental retardation under this chapter
1985	is mentally retarded and requires involuntary admission to
1986	residential services provided by the agency, the circuit court
1987	of the county in which the person resides shall have
1988	jurisdiction to conduct a hearing and enter an order
1989	involuntarily admitting the person in order that the person may
1990	receive the care, treatment, habilitation, and rehabilitation
1991	which the person needs. For the purpose of identifying mental
1992	retardation, diagnostic capability shall be established by the
1993	agency. The involuntary commitment of a person with mental
1994	retardation or autism who is charged with a felony offense shall
1995	be determined in accordance with s. 916.302. Except as otherwise
1996	specified, the proceedings under this section shall be governed
1997	by the Florida Rules of Civil Procedure.
1998	(2)  PETITION.--
1999	(a)  A petition for involuntary admission to residential
2000	services may be executed by a petitioning commission. For
2001	proposed involuntary admission to residential services arising
2002	out of chapter 916, the petition may be filed by a petitioning
2003	commission, the agency, the state attorney of the circuit from
2004	which the defendant was committed, or the defendant's attorney.
2005	(b)  The petitioning commission shall consist of three
2006	persons.  One of these persons shall be a physician licensed and
2007	practicing under chapter 458 or chapter 459.
2008	(c)  The petition shall be verified and shall:
2009	1.  State the name, age, and present address of the
2010	commissioners and their relationship to the person with mental
2011	retardation or autism;
2012	2.  State the name, age, county of residence, and present
2013	address of the person with mental retardation or autism;
2014	3.  Allege that the commission believes that the person
2015	needs involuntary residential services and specify the factual
2016	information on which the such belief is based;
2017	4.  Allege that the person lacks sufficient capacity to
2018	give express and informed consent to a voluntary application for
2019	services and lacks the basic survival and self-care skills to
2020	provide for the person's well-being or is likely to physically
2021	injure others if allowed to remain at liberty; and
2022	5.  State which residential setting is the least
2023	restrictive and most appropriate alternative and specify the
2024	factual information on which the such belief is based.
2025	(d)  The petition shall be filed in the circuit court of
2026	the county in which the person with mental retardation or autism
2027	resides.
2028	(3)  NOTICE.--
2029	(a)  Notice of the filing of the petition shall be given to
2030	the individual and his or her legal guardian. The notice shall
2031	be given both verbally and in writing in the language of the
2032	client, or in other modes of communication of the client, and in
2033	English. Notice shall also be given to such other persons as the
2034	court may direct. The petition for involuntary admission to
2035	residential services shall be served with the notice.
2036	(b)  Whenever a motion or petition has been filed pursuant
2037	to s. 916.303 to dismiss criminal charges against a defendant
2038	with retardation or autism, and a petition is filed to
2039	involuntarily admit the defendant to residential services under
2040	this section, the notice of the filing of the petition shall
2041	also be given to the defendant's attorney, and to the state
2042	attorney of the circuit from which the defendant was committed,
2043	and the agency.
2044	(c)  The notice shall state that a hearing shall be set to
2045	inquire into the need of the person with mental retardation or
2046	autism for involuntary residential services. The notice shall
2047	also state the date of the hearing on the petition.
2048	(d)  The notice shall state that the individual with mental
2049	retardation or autism has the right to be represented by counsel
2050	of his or her own choice and that, if the person cannot afford
2051	an attorney, the court shall appoint one.
2052	(4)  AGENCY DEVELOPMENTAL SERVICES PARTICIPATION.--
2053	(a)  Upon receiving the petition, the court shall
2054	immediately order the developmental services program of the
2055	agency to examine the person being considered for involuntary
2056	admission to residential services.
2057	(b)  Following examination, the agency shall file After the
2058	developmental services program examines the person, a written
2059	report shall be filed with the court not less than 10 working
2060	days before the date of the hearing. The report must shall be
2061	served on the petitioner, the person with mental retardation,
2062	and the person's attorney at the time the report is filed with
2063	the court.
2064	(c)  The report must shall contain the findings of the
2065	agency's developmental services program evaluation, and any
2066	recommendations deemed appropriate, and a determination of
2067	whether the person is eligible for services under this chapter.
2068	(5)  EXAMINING COMMITTEE.--
2069	(a)  Upon receiving the petition, the court shall
2070	immediately appoint an examining committee to examine the person
2071	being considered for involuntary admission to residential
2072	services provided by of the developmental services program of
2073	the agency.
2074	(b)  The court shall appoint no fewer than three
2075	disinterested experts who have demonstrated to the court an
2076	expertise in the diagnosis, evaluation, and treatment of persons
2077	with mental retardation. The committee must shall include at
2078	least one licensed and qualified physician, one licensed and
2079	qualified psychologist, and one qualified professional with a
2080	minimum of a masters degree in social work, special education,
2081	or vocational rehabilitation counseling, to examine the person
2082	and to testify at the hearing on the involuntary admission to
2083	residential services.
2084	(c)  Counsel for the person who is being considered for
2085	involuntary admission to residential services and counsel for
2086	the petition commission has shall have the right to challenge
2087	the qualifications of those appointed to the examining
2088	committee.
2089	(d)  Members of the committee may shall not be employees of
2090	the agency or be associated with each other in practice or in
2091	employer-employee relationships. Members of the committee may
2092	shall not have served as members of the petitioning commission.
2093	Members of the committee may shall not be employees of the
2094	members of the petitioning commission or be associated in
2095	practice with members of the commission.
2096	(e)  The committee shall prepare a written report for the
2097	court. The report must shall explicitly document the extent that
2098	the person meets the criteria for involuntary admission. The
2099	report, and expert testimony, must shall include, but not be
2100	limited to:
2101	1.  The degree of the person's mental retardation and
2102	whether, using diagnostic capabilities established by the
2103	agency, the person is eligible for agency services;
2104	2.  Whether, because of the person's degree of mental
2105	retardation, the person:
2106	a.  Lacks sufficient capacity to give express and informed
2107	consent to a voluntary application for services pursuant to s.
2108	393.065;
2109	b.  Lacks basic survival and self-care skills to such a
2110	degree that close supervision and habilitation in a residential
2111	setting is necessary and if not provided would result in a real
2112	and present threat of substantial harm to the person's well-
2113	being; or
2114	c.  Is likely to physically injure others if allowed to
2115	remain at liberty.
2116	3.  The purpose to be served by residential care;
2117	4.  A recommendation on the type of residential placement
2118	which would be the most appropriate and least restrictive for
2119	the person; and
2120	5.  The appropriate care, habilitation, and treatment.
2121	(f)  The committee shall file the report with the court not
2122	less than 10 working days before the date of the hearing. The
2123	report shall be served on the petitioner, the person with mental
2124	retardation, and the person's attorney at the time the report is
2125	filed with the court, and the agency.
2126	(g)  Members of the examining committee shall receive a
2127	reasonable fee to be determined by the court. The fees are to be
2128	paid from the general revenue fund of the county in which the
2129	person with mental retardation resided when the petition was
2130	filed.
2131	(h)  The agency shall develop and prescribe by rule one or
2132	more standard forms to be used as a guide for members of the
2133	examining committee.
2134	(6)  COUNSEL; GUARDIAN AD LITEM.--
2135	(a)  The person with mental retardation shall be
2136	represented by counsel at all stages of the judicial proceeding.
2137	In the event the person is indigent and cannot afford counsel,
2138	the court shall appoint a public defender not less than 20
2139	working days before the scheduled hearing. The person's counsel
2140	shall have full access to the records of the service provider
2141	and the agency. In all cases, the attorney shall represent the
2142	rights and legal interests of the person with mental
2143	retardation, regardless of who may initiate the proceedings or
2144	pay the attorney's fee.
2145	(b)  If the attorney, during the course of his or her
2146	representation, reasonably believes that the person with mental
2147	retardation cannot adequately act in his or her own interest,
2148	the attorney may seek the appointment of a guardian ad litem. A
2149	prior finding of incompetency is not required before a guardian
2150	ad litem is appointed pursuant to this section.
2151	(7)  HEARING.--
2152	(a)  The hearing for involuntary admission shall be
2153	conducted, and the order shall be entered, in the county in
2154	which the petition is filed person is residing or be as
2155	convenient to the person as may be consistent with orderly
2156	procedure. The hearing shall be conducted in a physical setting
2157	not likely to be injurious to the person's condition.
2158	(b)  A hearing on the petition must shall be held as soon
2159	as practicable after the petition is filed, but reasonable delay
2160	for the purpose of investigation, discovery, or procuring
2161	counsel or witnesses shall be granted.
2162	(c)  The court may appoint a general or special magistrate
2163	to preside. Except as otherwise specified, the magistrate's
2164	proceeding shall be governed by the rule 1.490, Florida Rules of
2165	Civil Procedure.
2166	(d)  The person with mental retardation shall be physically
2167	present throughout the entire proceeding. If the person's
2168	attorney believes that the person's presence at the hearing is
2169	not in the person's best interest, the person's presence may be
2170	waived once the court has seen the person and the hearing has
2171	commenced.
2172	(e)  The person has shall have the right to present
2173	evidence and to cross-examine all witnesses and other evidence
2174	alleging the appropriateness of the person's admission to
2175	residential care. Other relevant and material evidence regarding
2176	the appropriateness of the person's admission to residential
2177	services; the most appropriate, least restrictive residential
2178	placement; and the appropriate care, treatment, and habilitation
2179	of the person, including written or oral reports, may be
2180	introduced at the hearing by any interested person.
2181	(f)  The petitioning commission may be represented by
2182	counsel at the hearing. The petitioning commission shall have
2183	the right to call witnesses, present evidence, cross-examine
2184	witnesses, and present argument on behalf of the petitioning
2185	commission.
2186	(g)  All evidence shall be presented according to chapter
2187	90. The burden of proof shall be on the party alleging the
2188	appropriateness of the person's admission to residential
2189	services. The burden of proof shall be by clear and convincing
2190	evidence.
2191	(h)  All stages of each proceeding shall be
2192	stenographically reported.
2193	(8)  ORDER.--
2194	(a)  In all cases, the court shall issue written findings
2195	of fact and conclusions of law to support its decision. The
2196	order must shall state the basis for the such findings of fact.
2197	(b)  An order of involuntary admission to residential
2198	services may shall not be entered unless the court finds that:
2199	1.  The person is mentally retarded or autistic;
2200	2.  Placement in a residential setting is the least
2201	restrictive and most appropriate alternative to meet the
2202	person's needs; and
2203	3.  Because of the person's degree of mental retardation or
2204	autism, the person:
2205	a.  Lacks sufficient capacity to give express and informed
2206	consent to a voluntary application for services pursuant to s.
2207	393.065 and lacks basic survival and self-care skills to such a
2208	degree that close supervision and habilitation in a residential
2209	setting is necessary and, if not provided, would result in a
2210	real and present threat of substantial harm to the person's
2211	well-being; or
2212	b.  Is likely to physically injure others if allowed to
2213	remain at liberty.
2214	(c)  If the evidence presented to the court is not
2215	sufficient to warrant involuntary admission to residential
2216	services, but the court feels that residential services would be
2217	beneficial, the court may recommend that the person seek
2218	voluntary admission.
2219	(d)  If an order of involuntary admission to residential
2220	services provided by the developmental services program of the
2221	agency is entered by the court, a copy of the written order
2222	shall be served upon the person, the person's counsel, the
2223	agency, and the state attorney and the person's defense counsel,
2224	if applicable. The order of involuntary admission sent to the
2225	agency shall also be accompanied by a copy of the examining
2226	committee's report and other reports contained in the court
2227	file.
2228	(e)  Upon receiving the order, the agency shall, within 45
2229	days, provide the court with a copy of the person's family or
2230	individual support plan and copies of all examinations and
2231	evaluations, outlining the treatment and rehabilitative
2232	programs. The agency shall document that the person has been
2233	placed in the most appropriate, least restrictive and cost-
2234	beneficial residential setting facility. A copy of the family or
2235	individual support plan and other examinations and evaluations
2236	shall be served upon the person and the person's counsel at the
2237	same time the documents are filed with the court.
2238	(9)  EFFECT OF THE ORDER OF INVOLUNTARY ADMISSION TO
2239	RESIDENTIAL SERVICES.--
2240	(a)  In no case shall An order authorizing an admission to
2241	residential care may not be considered an adjudication of mental
2242	incompetency. A No person is not shall be presumed incompetent
2243	solely by reason of the person's involuntary admission to
2244	residential services. A No person may not shall be denied the
2245	full exercise of all legal rights guaranteed to citizens of this
2246	state and of the United States.
2247	(b)  Any minor involuntarily admitted to residential
2248	services shall, upon reaching majority, be given a hearing to
2249	determine the continued appropriateness of his or her
2250	involuntary admission.
2251	(10)  COMPETENCY.--
2252	(a)  The issue of competency shall be separate and distinct
2253	from a determination of the appropriateness of involuntary
2254	admission to residential services for a condition of mental
2255	retardation.
2256	(b)  The issue of the competency of a person with mental
2257	retardation for purposes of assigning guardianship shall be
2258	determined in a separate proceeding according to the procedures
2259	and requirements of chapter 744 and the Florida Probate Rules.
2260	The issue of the competency of a person with mental retardation
2261	or autism for purposes of determining whether the person is
2262	competent to proceed in a criminal trial shall be determined in
2263	accordance with chapter 916.
2264	(11)  CONTINUING JURISDICTION.--The court which issues the
2265	initial order for involuntary admission to residential services
2266	under this section has shall have continuing jurisdiction to
2267	enter further orders to ensure that the person is receiving
2268	adequate care, treatment, habilitation, and rehabilitation,
2269	including psychotropic medication and behavioral programming.
2270	Upon request, the court may transfer the continuing jurisdiction
2271	to the court where a client resides if it is different from
2272	where the original involuntary admission order was issued. A No
2273	person may not be released from an order for involuntary
2274	admission to residential services except by the order of the
2275	court.
2276	(12)  APPEAL.--
2277	(a)  Any party to the proceeding who is affected by an
2278	order of the court may appeal to the appropriate district court
2279	of appeal within the time and in the manner prescribed by the
2280	Florida Rules of Appellate Procedure.
2281	(b)  The filing of an appeal by the person with mental
2282	retardation shall stay admission of the person into residential
2283	care. The stay shall remain in effect during the pendency of all
2284	review proceedings in Florida courts until a mandate issues.
2285	(13)  HABEAS CORPUS.--At any time and without notice, any
2286	person involuntarily admitted into residential care to the
2287	developmental services program of the agency, or the person's
2288	parent or legal guardian in his or her behalf, is entitled to
2289	file a petition for a writ of habeas corpus to question the
2290	cause, legality, and appropriateness of the person's involuntary
2291	admission. Each person, or the person's parent or legal
2292	guardian, shall receive specific written notice of the right to
2293	petition for a writ of habeas corpus at the time of his or her
2294	involuntary placement.
2295	Section 28.  Section 393.122, Florida Statutes, is amended
2296	to read:
2297	393.122  Applications for continued residential services.--
2298	(1)  If a client is discharged from residential services
2299	under the provisions of s. 393.115 this section, application for
2300	needed services shall be encouraged.
2301	(2)  A No client receiving services from a state agency may
2302	not the department as of July 1, 1977, shall be denied continued
2303	services due to any change in eligibility requirements by
2304	chapter 77-335, Laws of Florida.
2305	Section 29.  Section 393.13, Florida Statutes, is amended
2306	to read:
2307	393.13  Personal Treatment of persons with developmental
2308	disabilities who are developmentally disabled.--
2309	(1)  SHORT TITLE.--This section act shall be known as "The
2310	Bill of Rights of Persons with Developmental Disabilities Who
2311	are Developmentally Disabled."
2312	(2)  LEGISLATIVE INTENT.--
2313	(a)  The Legislature finds and declares that the system of
2314	care provided to individuals with developmental disabilities who
2315	are developmentally disabled must be designed to meet the needs
2316	of the clients as well as protect the integrity of their legal
2317	and human rights.
2318	(b)  The Legislature further finds and declares that the
2319	design and delivery of treatment and services to persons with
2320	developmental disabilities who are developmentally disabled
2321	should be directed by the principles of self-determination
2322	normalization and therefore should:
2323	1.  Abate the use of large institutions.
2324	2.  Continue the development of community-based services
2325	that which provide reasonable alternatives to
2326	institutionalization in settings that are least restrictive to
2327	the client and that provide opportunities for inclusion in the
2328	community.
2329	3.  Provide training and education that to individuals who
2330	are developmentally disabled which will maximize their potential
2331	to lead independent and productive lives and that which will
2332	afford opportunities for outward mobility from institutions.
2333	4.  Reduce the use of sheltered workshops and other
2334	noncompetitive employment day activities and promote
2335	opportunities for those gainful employment for persons with
2336	developmental disabilities who choose to seek such employment.
2337	(c)  It is the intent of the Legislature that duplicative
2338	and unnecessary administrative procedures and practices shall be
2339	eliminated, and areas of responsibility shall be clearly defined
2340	and consolidated in order to economically utilize present
2341	resources. Furthermore, personnel providing services should be
2342	sufficiently qualified and experienced to meet the needs of the
2343	clients, and they must be sufficient in number to provide
2344	treatment in a manner which is beneficial to the clients.
2345	(d)  It is the intent of the Legislature:
2346	1.  To articulate the existing legal and human rights of
2347	persons with developmental disabilities who are developmentally
2348	disabled so that they may be exercised and protected. Persons
2349	with developmental disabilities shall have all the rights
2350	enjoyed by citizens of the state and the United States.
2351	2.  To provide a mechanism for the identification,
2352	evaluation, and treatment of persons with developmental
2353	disabilities.
2354	3.  To divert those individuals from institutional
2355	commitment who, by virtue of comprehensive assessment, can be
2356	placed in less costly, more effective community environments and
2357	programs.
2358	4.  To fund improvements in the program in accordance with
2359	the availability of state resources and yearly priorities
2360	determined by the Legislature.
2361	5.  To ensure that persons with developmental disabilities
2362	receive treatment and habilitation which fosters the
2363	developmental potential of the individual.
2364	6.  To provide programs for the proper habilitation and
2365	treatment of persons with developmental disabilities which shall
2366	include, but not be limited to, comprehensive medical/dental
2367	care, education, recreation, specialized therapies, training,
2368	social services, transportation, guardianship, family care
2369	programs, day habilitation services, and habilitative and
2370	rehabilitative services suited to the needs of the individual
2371	regardless of age, degree of disability, or handicapping
2372	condition. It is the intent of the Legislature that no person
2373	with developmental disabilities shall be deprived of these
2374	enumerated services by reason of inability to pay.
2375	7.  To fully effectuate the principles of self-
2376	determination normalization principle through the establishment
2377	of community services for persons with developmental
2378	disabilities as a viable and practical alternative to
2379	institutional care at each stage of individual life development
2380	and to promote opportunities for community inclusion. If care in
2381	a residential facility becomes necessary, it shall be in the
2382	least restrictive setting.
2383	8.  To minimize and achieve an ongoing reduction in the use
2384	of restraint and seclusion in facilities and programs serving
2385	persons with developmental disabilities.
2386	(e)  It is the clear, unequivocal intent of this act to
2387	guarantee individual dignity, liberty, pursuit of happiness, and
2388	protection of the civil and legal rights of persons with
2389	developmental disabilities.
2390	(3)  RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL
2391	DISABILITIES.--The rights described in this subsection shall
2392	apply to all persons with developmental disabilities, whether or
2393	not such persons are clients of the agency.
2394	(a)  Persons with developmental disabilities shall have a
2395	right to dignity, privacy, and humane care, including the right
2396	to be free from sexual abuse in residential facilities.
2397	(b)  Persons with developmental disabilities shall have the
2398	right to religious freedom and practice. Nothing shall restrict
2399	or infringe on a person's right to religious preference and
2400	practice.
2401	(c)  Persons with developmental disabilities shall receive
2402	services, within available sources, which protect the personal
2403	liberty of the individual and which are provided in the least
2404	restrictive conditions necessary to achieve the purpose of
2405	treatment.
2406	(d)  Persons with developmental disabilities who are
2407	developmentally disabled shall have a right to participate in an
2408	appropriate program of quality education and training services,
2409	within available resources, regardless of chronological age or
2410	degree of disability. Such persons may be provided with
2411	instruction in sex education, marriage, and family planning.
2412	(e)  Persons with developmental disabilities who are
2413	developmentally disabled shall have a right to social
2414	interaction and to participate in community activities.
2415	(f)  Persons with developmental disabilities who are
2416	developmentally disabled shall have a right to physical exercise
2417	and recreational opportunities.
2418	(g)  Persons with developmental disabilities who are
2419	developmentally disabled shall have a right to be free from
2420	harm, including unnecessary physical, chemical, or mechanical
2421	restraint, isolation, excessive medication, abuse, or neglect.
2422	(h)  Persons with developmental disabilities who are
2423	developmentally disabled shall have a right to consent to or
2424	refuse treatment, subject to the provisions of s. 393.12(2)(a)
2425	or chapter 744.
2426	(i)  No otherwise qualified person shall, by reason of
2427	having a developmental disability, be excluded from
2428	participation in, or be denied the benefits of, or be subject to
2429	discrimination under, any program or activity which receives
2430	public funds, and all prohibitions set forth under any other
2431	statute shall be actionable under this statute.
2432	(j)  No otherwise qualified person shall, by reason of
2433	having a developmental disability, be denied the right to vote
2434	in public elections.
2435	(4)  CLIENT RIGHTS.--For purposes of this subsection, the
2436	term "client," as defined in s. 393.063, shall also include any
2437	person served in a facility licensed under pursuant to s.
2438	393.067.
2439	(a)  Clients shall have an unrestricted right to
2440	communication:
2441	1.  Each client is shall be allowed to receive, send, and
2442	mail sealed, unopened correspondence. A No client's incoming or
2443	outgoing correspondence may not shall be opened, delayed, held,
2444	or censored by the facility unless there is reason to believe
2445	that it contains items or substances which may be harmful to the
2446	client or others, in which case the chief administrator of the
2447	facility may direct reasonable examination of such mail and
2448	regulate the disposition of such items or substances.
2449	2.  Clients in residential facilities shall be afforded
2450	reasonable opportunities for telephone communication, to make
2451	and receive confidential calls, unless there is reason to
2452	believe that the content of the telephone communication may be
2453	harmful to the client or others, in which case the chief
2454	administrator of the facility may direct reasonable observation
2455	and monitoring to the telephone communication.
2456	3.  Clients shall have an unrestricted right to visitation
2457	subject to reasonable rules of the facility. However, nothing in
2458	this provision may not shall be construed to permit infringement
2459	upon other clients' rights to privacy.
2460	(b)  Each client has the right to the possession and use of
2461	his or her own clothing and personal effects, except in those
2462	specific instances where the use of some of these items as
2463	reinforcers is essential for training the client as part of an
2464	appropriately approved behavioral program. The chief
2465	administrator of the facility may take temporary custody of such
2466	effects when it is essential to do so for medical or safety
2467	reasons. Custody of such personal effects shall be promptly
2468	recorded in the client's record, and a receipt for such effects
2469	shall be immediately given to the client, if competent, or the
2470	client's parent or legal guardian.
2471	1.  All money belonging to a client held by the agency
2472	shall be held in compliance with s. 402.17(2).
2473	2.  All interest on money received and held for the
2474	personal use and benefit of a client shall be the property of
2475	that client and may shall not accrue to the general welfare of
2476	all clients or be used to defray the cost of residential care.
2477	Interest so accrued shall be used or conserved for the personal
2478	use or benefit of the individual client as provided in s.
2479	402.17(2).
2480	3.  Upon the discharge or death of a client, a final
2481	accounting shall be made of all personal effects and money
2482	belonging to the client held by the agency. All such personal
2483	effects and money, including interest, shall be promptly turned
2484	over to the client or his or her heirs.
2485	(c)  Each client shall receive prompt and appropriate
2486	medical treatment and care for physical and mental ailments and
2487	for the prevention of any illness or disability. Medical
2488	treatment shall be consistent with the accepted standards of
2489	medical practice in the community.
2490	1.  Medication shall be administered only at the written
2491	order of a physician. Medication shall not be used as
2492	punishment, for the convenience of staff, as a substitute for
2493	implementation of an individual or family support plan or
2494	behavior-analysis services behavior modification programming, or
2495	in unnecessary or excessive quantities.
2496	2.  Daily notation of medication received by each client in
2497	a residential facility shall be kept in the client's record.
2498	3.  Periodically, but no less frequently than every 6
2499	months, the drug regimen of each client in a residential
2500	facility shall be reviewed by the attending physician or other
2501	appropriate monitoring body, consistent with appropriate
2502	standards of medical practice. All prescriptions shall have a
2503	termination date.
2504	4.  When pharmacy services are provided at any residential
2505	facility, such services shall be directed or supervised by a
2506	professionally competent pharmacist licensed according to the
2507	provisions of chapter 465.
2508	5.  Pharmacy services shall be delivered in accordance with
2509	the provisions of chapter 465.
2510	6.  Prior to instituting a plan of experimental medical
2511	treatment or carrying out any necessary surgical procedure,
2512	express and informed consent shall be obtained from the client,
2513	if competent, or the client's parent or legal guardian.
2514	Information upon which the client shall make necessary treatment
2515	and surgery decisions shall include, but not be limited to:
2516	a.  The nature and consequences of such procedures.
2517	b.  The risks, benefits, and purposes of such procedures.
2518	c.  Alternate procedures available.
2519	7.  When the parent or legal guardian of the client is
2520	unknown or unlocatable and the physician is unwilling to perform
2521	surgery based solely on the client's consent, a court of
2522	competent jurisdiction shall hold a hearing to determine the
2523	appropriateness of the surgical procedure. The client shall be
2524	physically present, unless the client's medical condition
2525	precludes such presence, represented by counsel, and provided
2526	the right and opportunity to be confronted with, and to cross-
2527	examine, all witnesses alleging the appropriateness of such
2528	procedure. In such proceedings, the burden of proof by clear and
2529	convincing evidence shall be on the party alleging the
2530	appropriateness of such procedures. The express and informed
2531	consent of a person described in subparagraph 6. may be
2532	withdrawn at any time, with or without cause, prior to treatment
2533	or surgery.
2534	8.  The absence of express and informed consent
2535	notwithstanding, a licensed and qualified physician may render
2536	emergency medical care or treatment to any client who has been
2537	injured or who is suffering from an acute illness, disease, or
2538	condition if, within a reasonable degree of medical certainty,
2539	delay in initiation of emergency medical care or treatment would
2540	endanger the health of the client.
2541	(d)  Each client shall have access to individual storage
2542	space for his or her private use.
2543	(e)  Each client shall be provided with appropriate
2544	physical exercise as prescribed in the client's individual or
2545	family support plan. Indoor and outdoor facilities and equipment
2546	for such physical exercise shall be provided.
2547	(f)  Each client shall receive humane discipline.
2548	(g)  A No client may not shall be subjected to a treatment
2549	program to eliminate problematic bizarre or unusual behaviors
2550	without first being examined by a physician who in his or her
2551	best judgment determines that such behaviors are not organically
2552	caused.
2553	1.  Treatment programs involving the use of noxious or
2554	painful stimuli are shall be prohibited.
2555	2.  All alleged violations of this paragraph shall be
2556	reported immediately to the chief administrator administrative
2557	officer of the facility and or the district administrator, the
2558	agency head, and the Florida local advocacy council. A thorough
2559	investigation of each incident shall be conducted and a written
2560	report of the finding and results of the such investigation
2561	shall be submitted to the chief administrator administrative
2562	officer of the facility or the district administrator and to the
2563	agency head within 24 hours after of the occurrence or discovery
2564	of the incident.
2565	3.  The agency shall adopt by rule a system for the
2566	oversight of behavioral programs. The Such system shall
2567	establish guidelines and procedures governing the design,
2568	approval, implementation, and monitoring of all behavioral
2569	programs involving clients. The system shall ensure statewide
2570	and local review by committees of professionals certified as
2571	behavior analysts pursuant to s. 393.17. No behavioral program
2572	shall be implemented unless reviewed according to the rules
2573	established by the agency under this section. Nothing stated in
2574	this section shall prohibit the review of programs by the
2575	Florida statewide or local advocacy councils.
2576	(h)  Each client engaged in work programs which require
2577	compliance with federal wage and hour laws shall be provided
2578	with minimum wage protection and fair compensation for labor in
2579	accordance with the federal wage-per-hour regulations.
2580	(h)(i)  Clients shall have the right to be free from the
2581	unnecessary use of restraint or seclusion physical, chemical, or
2582	mechanical restraint. Restraints shall be employed only in
2583	emergencies or to protect the client or others from imminent
2584	injury to himself or herself or others. Restraints may shall not
2585	be employed as punishment, for the convenience of staff, or as a
2586	substitute for a support habilitative plan. Restraints shall
2587	impose the least possible restrictions consistent with their
2588	purpose and shall be removed when the emergency ends. Restraints
2589	shall not cause physical injury to the client and shall be
2590	designed to allow the greatest possible comfort.
2591	1.  Mechanical supports used in normative situations to
2592	achieve proper body position and balance shall not be considered
2593	restraints, but shall be prescriptively designed and applied
2594	under the supervision of a qualified professional with concern
2595	for principles of good body alignment, circulation, and
2596	allowance for change of position.
2597	2.  Totally enclosed cribs and barred enclosures shall be
2598	considered restraints.
2599	1.3.  Daily reports on the employment of restraint or
2600	seclusion physical, chemical, or mechanical restraints by those
2601	specialists authorized in the use of such restraints shall be
2602	made to the appropriate chief administrator of the facility or
2603	program licensed under this chapter, and a monthly compilation
2604	summary of such reports shall be relayed to the agency's local
2605	area office district administrator and the Florida local
2606	advocacy council. The monthly reports shall summarize all such
2607	cases of restraints, the type used, the duration of usage, and
2608	the reasons therefor. The area offices Districts shall submit
2609	monthly summaries of these districtwide quarterly reports of
2610	these summaries to the agency's central office state
2611	Developmental Disabilities Program Office.
2612	2.4.  The agency shall adopt by rule standards and
2613	procedures relating to the use of restraint and seclusion post a
2614	copy of the rules adopted under this section in each living unit
2615	of residential facilities. Such rules must be consistent with
2616	recognized best practices; prohibit inherently dangerous
2617	restraint or seclusion procedures; establish limitations on the
2618	use and duration of restraint and seclusion; establish measures
2619	to ensure the safety of clients and staff during an incident of
2620	restraint or seclusion; establish procedures for staff to follow
2621	before, during, and after incidents of restraint or seclusion,
2622	including individualized plans for the use of restraints or
2623	seclusion in emergency situations; establish professional
2624	qualifications of and training for staff who may order or be
2625	engaged in the use of restraint or seclusion; establish
2626	requirements for facility data collection and reporting relating
2627	to the use of restraint and seclusion; and establish procedures
2628	relating to the documentation of the use of restraint or
2629	seclusion in the client's facility or program record. A copy of
2630	the rules adopted under this subparagraph section shall be given
2631	to the client, parent, guardian or guardian advocate, and all
2632	staff members of licensed facilities and programs licensed under
2633	this chapter and made a part of all staff preservice and
2634	inservice training programs.
2635	(i)(j)1.  Each client shall have a central record. The
2636	central record shall be established by the agency at the time
2637	that an individual is determined eligible for services, shall be
2638	maintained by the client's support coordinator, and must contain
2639	information include data pertaining to admission, diagnosis and
2640	treatment history, present condition, and such other information
2641	as may be required under rules of the agency. The central record
2642	is the property of the agency.
2643	1.2.  Unless waived by the client, if competent, or the
2644	client's parent or legal guardian if the client is incompetent,
2645	the client's central record shall be confidential and exempt
2646	from the provisions of s. 119.07(1), and no part of it shall be
2647	released except:
2648	a.  The record may be released to physicians, attorneys,
2649	and government agencies having need of the record to aid the
2650	client, as designated by the client, if competent, or the
2651	client's parent or legal guardian, if the client is incompetent.
2652	b.  The record shall be produced in response to a subpoena
2653	or released to persons authorized by order of court, excluding
2654	matters privileged by other provisions of law.
2655	c.  The record or any part thereof may be disclosed to a
2656	qualified researcher, a staff member of the facility where the
2657	client resides, or an employee of the agency when the
2658	administrator of the facility or the director of the agency
2659	deems it necessary for the treatment of the client, maintenance
2660	of adequate records, compilation of treatment data, or
2661	evaluation of programs.
2662	d.  Information from the records may be used for
2663	statistical and research purposes if the information is
2664	abstracted in such a way to protect the identity of individuals.
2665	3.  All central records for each client in residential
2666	facilities shall be kept on uniform forms distributed by the
2667	agency. The central record shall accurately summarize each
2668	client's history and present condition.
2669	2.4.  The client, if competent, or the client's parent or
2670	legal guardian if the client is incompetent, shall be supplied
2671	with a copy of the client's central record upon request.
2672	(j)(k)  Each client residing in a residential facility who
2673	is eligible to vote in public elections according to the laws of
2674	the state has shall have the right to vote. Facilities operators
2675	shall arrange the means to exercise the client's right to vote.
2676	(5)  LIABILITY FOR VIOLATIONS.--Any person who violates or
2677	abuses any rights or privileges of persons with developmental
2678	disabilities who are developmentally disabled provided by this
2679	chapter is act shall be liable for damages as determined by law.
2680	Any person who acts in good faith compliance with the provisions
2681	of this chapter is act shall be immune from civil or criminal
2682	liability for actions in connection with evaluation, admission,
2683	habilitative programming, education, treatment, or discharge of
2684	a client. However, this section does shall not relieve any
2685	person from liability if the such person is guilty of
2686	negligence, misfeasance, nonfeasance, or malfeasance.
2687	(6)  NOTICE OF RIGHTS.--Each person with developmental
2688	disabilities, if competent, or parent or legal guardian of such
2689	person if the person is incompetent, shall promptly receive from
2690	the agency or the Department of Education a written copy of this
2691	act. Each person with developmental disabilities able to
2692	comprehend shall be promptly informed, in the language or other
2693	mode of communication which such person understands, of the
2694	above legal rights of persons with developmental disabilities.
2695	(7)  RESIDENT GOVERNMENT.--Each residential facility
2696	providing services to clients who are desirous and capable of
2697	participating shall initiate and develop a program of resident
2698	government to hear the views and represent the interests of all
2699	clients served by the facility. The resident government shall be
2700	composed of residents elected by other residents, staff advisers
2701	skilled in the administration of community organizations, and,
2702	at the option of the resident government, representatives of
2703	advocacy groups for persons with developmental disabilities from
2704	the community a representative of the Florida local advocacy
2705	council. The resident government shall work closely with the
2706	Florida local advocacy council and the district administrator to
2707	promote the interests and welfare of all residents in the
2708	facility.
2709	Section 30.  Subsections (1), (2), (3), (4), and (5) of
2710	section 393.135, Florida Statutes, are amended to read:
2711	393.135  Sexual misconduct prohibited; reporting required;
2712	penalties.--
2713	(1)  As used in this section, the term:
2714	(a)  "Covered person" "Employee" includes any employee,
2715	paid staff member, volunteer, or intern of the agency or the
2716	department; any person under contract with the agency or the
2717	department; and any person providing care or support to a client
2718	on behalf of the agency department or its providers.
2719	(b)  "Sexual activity" means:
2720	1.  Fondling the genital area, groin, inner thighs,
2721	buttocks, or breasts of a person.
2722	2.  The oral, anal, or vaginal penetration by or union with
2723	the sexual organ of another or the anal or vaginal penetration
2724	of another by any other object.
2725	3.  Intentionally touching in a lewd or lascivious manner
2726	the breasts, genitals, the genital area, or buttocks, or the
2727	clothing covering them, of a person, or forcing or enticing a
2728	person to touch the perpetrator.
2729	4.  Intentionally masturbating in the presence of another
2730	person.
2731	5.  Intentionally exposing the genitals in a lewd or
2732	lascivious manner in the presence of another person.
2733	6.  Intentionally committing any other sexual act that does
2734	not involve actual physical or sexual contact with the victim,
2735	including, but not limited to, sadomasochistic abuse, sexual
2736	bestiality, or the simulation of any act involving sexual
2737	activity in the presence of a victim.
2738	(c)  "Sexual misconduct" means any sexual activity between
2739	a covered person an employee and a client to whom a covered
2740	person renders services, care, or support on behalf of the
2741	agency or its providers, or between a covered person and another
2742	client who lives in the same home as the client to whom a
2743	covered person is rendering the services, care, or support,
2744	regardless of the consent of the client. The term does not
2745	include an act done for a bona fide medical purpose or an
2746	internal search conducted in the lawful performance of duty by a
2747	covered person an employee.
2748	(2)  A covered person An employee who engages in sexual
2749	misconduct with an individual with a developmental disability
2750	who:
2751	(a)  Is in the custody of the department;
2752	(a)(b)  Resides in a residential facility, including any
2753	comprehensive transitional education program, developmental
2754	disabilities services institution, foster care facility, group
2755	home facility, intermediate care facility for the
2756	developmentally disabled, or residential habilitation center; or
2757	(b)(c)  Is eligible to receive Receives services from the
2758	agency under this chapter a family care program,
2759
2760	commits a felony of the second degree, punishable as provided in
2761	s. 775.082, s. 775.083, or s. 775.084. A covered person An
2762	employee may be found guilty of violating this subsection
2763	without having committed the crime of sexual battery.
2764	(3)  The consent of the client to sexual activity is not a
2765	defense to prosecution under this section.
2766	(4)  This section does not apply to a covered person an
2767	employee who:
2768	(a)  is legally married to the client; or
2769	(b)  Has no reason to believe that the person with whom the
2770	employee engaged in sexual misconduct is a client receiving
2771	services as described in subsection (2).
2772	(5)  A covered person An employee who witnesses sexual
2773	misconduct, or who otherwise knows or has reasonable cause to
2774	suspect that a person has engaged in sexual misconduct, shall
2775	immediately report the incident to the department's central
2776	abuse hotline of the Department of Children and Family Services
2777	and to the appropriate local law enforcement agency. The covered
2778	person Such employee shall also prepare, date, and sign an
2779	independent report that specifically describes the nature of the
2780	sexual misconduct, the location and time of the incident, and
2781	the persons involved. The covered person employee shall deliver
2782	the report to the supervisor or program director, who is
2783	responsible for providing copies to the agency's local office
2784	and the agency's department's inspector general. The inspector
2785	general shall immediately conduct an appropriate administrative
2786	investigation, and, if there is probable cause to believe that
2787	sexual misconduct has occurred, the inspector general shall
2788	notify the state attorney in the circuit in which the incident
2789	occurred.
2790	Section 31.  Section 393.15, Florida Statutes, is amended
2791	to read:
2792	393.15  Legislative intent; Community Resources Development
2793	Loan Program Trust Fund.--
2794	(1)  The Legislature finds and declares that the
2795	development of community-based treatment facilities for persons
2796	with developmental disabilities who are developmentally disabled
2797	is desirable and recommended and should be encouraged and
2798	fostered by the state. The Legislature further recognizes that
2799	the development of such facilities is financially difficult for
2800	private individuals, due to initial expenditures required to
2801	adapt existing structures to the special needs of such persons
2802	who are developmentally disabled who may be served in community-
2803	based foster care, group home, developmental training, and
2804	supported employment programs. Therefore, it is the intent of
2805	the Legislature intends that the agency by this act to develop
2806	and administer a loan program trust fund to provide support and
2807	encouragement in the establishment of community-based foster
2808	care, group home, developmental training, and supported
2809	employment programs for persons with developmental disabilities
2810	who are developmentally disabled.
2811	(2)  As used in this section, a foster care, group home,
2812	developmental training, or supported employment program may not
2813	be a for-profit corporation, but may be a nonprofit corporation,
2814	partnership, or sole proprietorship.
2815	(2)(3)  There is created a Community Resources Development
2816	Loan Program in Trust Fund in the State Treasury to be used by
2817	the agency for the purpose of granting loans to eligible
2818	programs for the initial costs of development of the programs.
2819	In order to be eligible for the program, a foster home, group
2820	home, or supported employment program must:
2821	(a)  Serve persons with developmental disabilities;
2822	(b)  Be a nonprofit corporation, partnership, or sole
2823	proprietorship; and
2824	(c)  Be Loans shall be made only to those facilities which
2825	are in compliance with the zoning regulations of the local
2826	community.
2827	(3)  Loans may be made to pay for the costs of development
2828	and may include structural modification, the purchase of
2829	equipment and fire and safety devices, preoperational staff
2830	training, and the purchase of insurance. Such costs may shall
2831	not include the actual construction of a facility and may not be
2832	in lieu of payment for maintenance, client services, or care
2833	provided.
2834	(4)  The agency may grant to an eligible program a lump-sum
2835	loan in one payment not to exceed the cost to the program of
2836	providing 2 months' services, care, or maintenance to each
2837	person with developmental disabilities who is developmentally
2838	disabled to be placed in the program by the agency, or the
2839	actual cost of firesafety renovations to a facility required by
2840	the state, whichever is greater. Loans granted to programs shall
2841	not be in lieu of payment for maintenance, services, or care
2842	provided, but shall stand separate and distinct.
2843	(5)  The agency shall adopt rules, as provided in chapter
2844	120, to determine the criteria standards under which a program
2845	shall be eligible to receive a loan as provided in this section
2846	and the methodology criteria for the equitable allocation of
2847	loan trust funds when eligible applications exceed the funds
2848	available.
2849	(6)(5)  Any loan granted by the agency under this section
2850	shall be repaid by the program within 5 years and the amount
2851	paid shall be deposited into the agency's Administrative Trust
2852	Fund. Moneys repaid shall be used to fund new loans. A program
2853	that operates as a nonprofit corporation meeting the
2854	requirements of s. 501(c)(3) of the Internal Revenue Code, and
2855	that seeks forgiveness of its loan shall submit to the agency an
2856	annual a statement setting forth the service it has provided
2857	during the year together with such other information as the
2858	agency by rule shall require, and, upon approval of each such
2859	annual statement, the agency may shall forgive up to 20 percent
2860	of the principal of any such loan granted after June 30, 1975.
2861	(7)(6)  If any program that has received a loan under this
2862	section ceases to accept, or provide care, services, or
2863	maintenance to persons placed in the program by the department,
2864	or if such program files papers of bankruptcy, at that point in
2865	time the loan shall become an interest-bearing loan at the rate
2866	of 5 percent per annum on the entire amount of the initial loan
2867	which shall be repaid within a 1-year period from the date on
2868	which the program ceases to provide care, services, or
2869	maintenance, or files papers in bankruptcy, and the amount of
2870	the loan due plus interest shall constitute a lien in favor of
2871	the state against all real and personal property of the program.
2872	The lien shall be perfected by the appropriate officer of the
2873	agency by executing and acknowledging a statement of the name of
2874	the program and the amount due on the loan and a copy of the
2875	promissory note, which shall be recorded by the agency with the
2876	clerk of the circuit court in the county wherein the program is
2877	located. If the program has filed a petition for bankruptcy, the
2878	agency shall file and enforce the lien in the bankruptcy
2879	proceedings. Otherwise, the lien shall be enforced in the manner
2880	provided in s. 85.011. All funds received by the agency from the
2881	enforcement of the lien shall be deposited in the agency's
2882	Administrative Community Resources Development Trust Fund and
2883	used to fund new loans.
2884	Section 32.  Section 393.17, Florida Statutes, is amended
2885	to read:
2886	393.17  Behavioral programs; certification of behavior
2887	analysts.--
2888	(1)  The agency may establish a certification process for
2889	behavior analysts in order to ensure that only qualified
2890	employees and service providers provide behavioral analysis
2891	services to clients. The procedures must be established by rule
2892	and must include criteria for scope of practice, qualifications
2893	for certification, including training and testing requirements,
2894	continuing education requirements for ongoing certification, and
2895	standards of performance. The procedures must also include
2896	decertification procedures that may be used to determine whether
2897	an individual continues to meet the qualifications for
2898	certification or the professional performance standards and, if
2899	not, the procedures necessary to decertify an employee or
2900	service provider.
2901	(2)  The agency shall may recognize the certification of
2902	behavior analysts awarded by a nonprofit corporation that
2903	adheres to the national standards of boards that determine
2904	professional credentials and whose mission is to meet
2905	professional credentialing needs identified by behavior
2906	analysts, state governments, and consumers of behavior analysis
2907	services and whose work has the support of the Association for
2908	Behavior Analysis International. The certification procedure
2909	recognized by the agency must undergo regular psychometric
2910	review and validation, pursuant to a job analysis survey of the
2911	profession and standards established by content experts in the
2912	field.
2913	Section 33.  Section 393.18, Florida Statutes, is created
2914	to read:
2915	393.18  Comprehensive transitional education program.--A
2916	comprehensive transition education program is a group of jointly
2917	operating centers or units, the collective purpose of which is
2918	to provide a sequential series of educational care, training,
2919	treatment, habilitation, and rehabilitation services to persons
2920	who have developmental disabilities and who have severe or
2921	moderate maladaptive behaviors. However, this section does not
2922	require such programs to provide services only to persons with
2923	developmental disabilities. All such services shall be temporary
2924	in nature and delivered in a structured residential setting,
2925	having the primary goal of incorporating the principle of self-
2926	determination in establishing permanent residence for persons
2927	with maladaptive behaviors in facilities that are not associated
2928	with the comprehensive transitional education program. The staff
2929	shall include behavior analysts and teachers, as appropriate,
2930	who shall be available to provide services in each component
2931	center or unit of the program. A behavior analyst must be
2932	certified pursuant to s. 393.17.
2933	(1)  Comprehensive transitional education programs shall
2934	include a minimum of two component centers or units, one of
2935	which shall be an intensive treatment and educational center or
2936	a transitional training and educational center, which provides
2937	services to persons with maladaptive behaviors in the following
2938	sequential order:
2939	(a)  Intensive treatment and educational center.--This
2940	component is a self-contained residential unit providing
2941	intensive behavioral and educational programming for persons
2942	with severe maladaptive behaviors whose behaviors preclude
2943	placement in a less-restrictive environment due to the threat of
2944	danger or injury to themselves or others. Continuous-shift staff
2945	shall be required for this component.
2946	(b)  Transitional training and educational center.--This
2947	component is a residential unit for persons with moderate
2948	maladaptive behaviors providing concentrated psychological and
2949	educational programming that emphasizes a transition toward a
2950	less-restrictive environment. Continuous-shift staff shall be
2951	required for this component.
2952	(c)  Community transition residence.--This component is a
2953	residential center providing educational programs and any
2954	support services, training, and care that are needed to assist
2955	persons with maladaptive behaviors to avoid regression to more
2956	restrictive environments while preparing them for more
2957	independent living. Continuous-shift staff shall be required for
2958	this component.
2959	(d)  Alternative living center.--This component is a
2960	residential unit providing an educational and family living
2961	environment for persons with maladaptive behaviors in a
2962	moderately unrestricted setting. Residential staff shall be
2963	required for this component.
2964	(e)  Independent living education center.--This component
2965	is a facility providing a family living environment for persons
2966	with maladaptive behaviors in a largely unrestricted setting and
2967	includes education and monitoring that is appropriate to support
2968	the development of independent living skills.
2969	(2)  Components of a comprehensive transitional education
2970	program are subject to the license issued under s. 393.067 to a
2971	comprehensive transitional education program and may be located
2972	on a single site or multiple sites.
2973	(3)  Comprehensive transitional education programs shall
2974	develop individual education plans for each person with
2975	maladaptive behaviors who receives services from the program.
2976	Each individual education plan shall be developed in accordance
2977	with the criteria specified in 20 U.S.C. ss. 401 et seq., and 34
2978	C.F.R. part 300.
2979	(4)  The total number of persons with maladaptive behaviors
2980	who are being provided with services in a comprehensive
2981	transitional education program may not in any instance exceed
2982	120 residents.
2983	(5)  This section shall authorize licensure for
2984	comprehensive transitional education programs which by July 1,
2985	1989:
2986	(a)  Were in actual operation; or
2987	(b)  Owned a fee simple interest in real property for which
2988	a county or city government has approved zoning allowing for the
2989	placement of the facilities described in this subsection, and
2990	have registered an intent with the agency to operate a
2991	comprehensive transitional education program. However, nothing
2992	shall prohibit the assignment by such a registrant to another
2993	entity at a different site within the state, so long as there is
2994	compliance with all criteria of this program and local zoning
2995	requirements and provided that each residential facility within
2996	the component centers or units of the program authorized under
2997	this subparagraph does not exceed a capacity of 15 persons.
2998	Section 34.  Section 393.23, Florida Statutes, is created
2999	to read:
3000	393.23  Developmental disabilities institutions; trust
3001	accounts.--All receipts from the operation of canteens, vending
3002	machines, hobby shops, sheltered workshops, activity centers,
3003	farming projects, and other like activities operated in a
3004	developmental disabilities institution, and moneys donated to
3005	the institution, must be deposited in a trust account in any
3006	bank, credit union, or savings and loan association authorized
3007	by the State Treasury as a qualified depositor to do business in
3008	this state, if the moneys are available on demand.
3009	(1)  Moneys in the trust account must be expended for the
3010	benefit, education, and welfare of clients. However, if
3011	specified, moneys that are donated to the institution must be
3012	expended in accordance with the intentions of the donor. Trust
3013	account money may not be used for the benefit of employees of
3014	the agency, or to pay the wages of such employees. The welfare
3015	of the clients includes the expenditure of funds for the
3016	purchase of items for resale at canteens or vending machines,
3017	and for the establishment of, maintenance of, and operation of
3018	canteens, hobby shops, recreational or entertainment facilities,
3019	sheltered workshops, activity centers, farming projects, or
3020	other like facilities or programs established at the
3021	institutions for the benefit of clients.
3022	(2)  The institution may invest, in the manner authorized
3023	by law for fiduciaries, any money in a trust account which is
3024	not necessary for immediate use. The interest earned and other
3025	increments derived from the investments of the money must be
3026	deposited into the trust account for the benefit of clients.
3027	(3)  The accounting system of an institution must account
3028	separately for revenues and expenses for each activity. The
3029	institution shall reconcile the trust account to the
3030	institution's accounting system and check registers and to the
3031	accounting system of the Chief Financial Officer.
3032	(4)  All sales taxes collected by the institution as a
3033	result of sales shall be deposited into the trust account and
3034	remitted to the Department of Revenue.
3035	(5)  Funds shall be expended in accordance with
3036	requirements and guidelines established by the Chief Financial
3037	Officer.
3038	Section 35.  Section 393.501, Florida Statutes, is amended
3039	to read:
3040	393.501  Rulemaking.--
3041	(1)  The agency may shall adopt rules pursuant to ss.
3042	120.536(1) and 120.54 to carry out its statutory duties the
3043	provisions of this chapter.
3044	(2)  Such rules shall address the number of facilities on a
3045	single lot parcel or on adjacent lots parcels of land, and in
3046	addition, for ICF/MR, the rate and location of facility
3047	development and level of care. In adopting rules, an alternative
3048	living center and an independent living education center, as
3049	described in s. 393.18, shall be subject to the provisions of s.
3050	419.001, except that such centers shall be exempt from the
3051	1,000-foot-radius requirement of s. 419.001(2) if:
3052	(a)  The centers are located on a site zoned in a manner
3053	that permits all the components of a comprehensive transition
3054	education center to be located on the site; or
3055	(b)  There are no more than three such centers within a
3056	radius of 1,000 feet.
3057	Section 36.  Section 394.453, Florida Statutes, is amended
3058	to read:
3059	394.453  Legislative intent.--It is the intent of the
3060	Legislature to authorize and direct the Department of Children
3061	and Family Services to evaluate, research, plan, and recommend
3062	to the Governor and the Legislature programs designed to reduce
3063	the occurrence, severity, duration, and disabling aspects of
3064	mental, emotional, and behavioral disorders. It is the intent of
3065	the Legislature that treatment programs for such disorders shall
3066	include, but not be limited to, comprehensive health, social,
3067	educational, and rehabilitative services to persons requiring
3068	intensive short-term and continued treatment in order to
3069	encourage them to assume responsibility for their treatment and
3070	recovery. It is intended that such persons be provided with
3071	emergency service and temporary detention for evaluation when
3072	required; that they be admitted to treatment facilities on a
3073	voluntary basis when extended or continuing care is needed and
3074	unavailable in the community; that involuntary placement be
3075	provided only when expert evaluation determines that it is
3076	necessary; that any involuntary treatment or examination be
3077	accomplished in a setting which is clinically appropriate and
3078	most likely to facilitate the person's return to the community
3079	as soon as possible; and that individual dignity and human
3080	rights be guaranteed to all persons who are admitted to mental
3081	health facilities or who are being held under s. 394.463. It is
3082	the further intent of the Legislature that the least restrictive
3083	means of intervention be employed based on the individual needs
3084	of each person, within the scope of available services. It is
3085	the policy of this state that the use of restraint and seclusion
3086	on clients is justified only as an emergency safety measure to
3087	be used in response to imminent danger to the client or others.
3088	It is, therefore, the intent of the Legislature to achieve an
3089	ongoing reduction in the use of restraint and seclusion in
3090	programs and facilities serving persons with mental illness.
3091	Section 37.  Present subsections (28) through (33) of
3092	section 394.455, Florida Statutes, are redesignated as
3093	subsections (30) through (35), respectively, and new subsections
3094	(28) and (29) are added to that section, to read:
3095	394.455  Definitions.--As used in this part, unless the
3096	context clearly requires otherwise, the term:
3097	(28)(a)  "Restraint" means a physical device, method, or
3098	drug used to control behavior. A physical restraint is any
3099	manual method or physical or mechanical device, material, or
3100	equipment attached or adjacent to the individual's body so that
3101	he or she cannot easily remove the restraint and which restricts
3102	freedom of movement or normal access to one's body.
3103	(b)  A drug used as a restraint is a medication used to
3104	control the person's behavior or to restrict his or her freedom
3105	of movement. Physically holding a person during a procedure to
3106	forcibly administer psychotropic medication is a physical
3107	restraint.
3108	(c)  Restraint does not include physical devices, such as
3109	orthopedically prescribed appliances, surgical dressings and
3110	bandages, supportive body bands, or other physical holding when
3111	necessary for routine physical examinations and tests; or for
3112	purposes of orthopedic, surgical, or other similar medical
3113	treatment; when used to provide support for the achievement of
3114	functional body position or proper balance; or when used to
3115	protect a person from falling out of bed.
3116	(29)  "Seclusion" means the physical segregation of a
3117	person in any fashion or involuntary isolation of a person in a
3118	room or area from which the person is prevented from leaving.
3119	The prevention may be by physical barrier or by a staff member
3120	who is acting in a manner, or who is physically situated, so as
3121	to prevent the person from leaving the room or area. For
3122	purposes of this chapter, the term does not mean isolation due
3123	to a person's medical condition or symptoms.
3124	Section 38.  Paragraph (b) of subsection (5) of section
3125	394.457, Florida Statutes, is amended to read:
3126	394.457  Operation and administration.--
3127	(5)  RULES.--
3128	(b)  The department shall adopt rules necessary for the
3129	implementation and administration of the provisions of this
3130	part, and a program subject to the provisions of this part shall
3131	not be permitted to operate unless rules designed to ensure the
3132	protection of the health, safety, and welfare of the patients
3133	treated through such program have been adopted. Rules adopted
3134	under this subsection must include provisions governing the use
3135	of restraint and seclusion which are consistent with recognized
3136	best practices and professional judgment; prohibit inherently
3137	dangerous restraint or seclusion procedures; establish
3138	limitations on the use and duration of restraint and seclusion;
3139	establish measures to ensure the safety of program participants
3140	and staff during an incident of restraint or seclusion;
3141	establish procedures for staff to follow before, during, and
3142	after incidents of restraint or seclusion; establish
3143	professional qualifications of and training for staff who may
3144	order or be engaged in the use of restraint or seclusion; and
3145	establish mandatory reporting, data collection, and data
3146	dissemination procedures and requirements. Rules adopted under
3147	this subsection must require that each instance of the use of
3148	restraint or seclusion be documented in the record of the
3149	patient.
3150	Section 39.  Paragraph (g) is added to subsection (1) of
3151	section 394.879, Florida Statutes, to read:
3152	394.879  Rules; enforcement.--
3153	(1)  The department, in consultation with the agency, shall
3154	adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
3155	the provisions of this chapter, including, at a minimum, rules
3156	providing standards to ensure that:
3157	(g)  The use of restraint and seclusion is consistent with
3158	recognized best practices and professional judgment; that
3159	inherently dangerous restraint or seclusion procedures are
3160	prohibited; that limitations are established on the use and
3161	duration of restraint and seclusion; that measures are
3162	established to ensure the safety of program participants and
3163	staff during an incident of restraint or seclusion; that
3164	procedures are created for staff to follow before, during, and
3165	after incidents of restraint or seclusion; that professional
3166	qualifications and training are established for staff who may
3167	order or be engaged in the use of restraint or seclusion; and
3168	that mandatory reporting, data collection, and data
3169	dissemination procedures and requirements are instituted. Rules
3170	adopted under this section must require that any instance of the
3171	use of restraint or seclusion shall be documented in the record
3172	of the client.
3173	Section 40.  Subsection (9) of section 397.405, Florida
3174	Statutes, is amended to read:
3175	397.405  Exemptions from licensure.--The following are
3176	exempt from the licensing provisions of this chapter:
3177	(9)  Facilities licensed under chapter 393 which s. 393.063
3178	that, in addition to providing services to persons with
3179	developmental disabilities who are developmentally disabled as
3180	defined therein, also provide services to persons
3181	developmentally at risk as a consequence of exposure to alcohol
3182	or other legal or illegal drugs while in utero.
3183
3184	The exemptions from licensure in this section do not apply to
3185	any service provider that receives an appropriation, grant, or
3186	contract from the state to operate as a service provider as
3187	defined in this chapter or to any substance abuse program
3188	regulated pursuant to s. 397.406. Furthermore, this chapter may
3189	not be construed to limit the practice of a physician licensed
3190	under chapter 458 or chapter 459, a psychologist licensed under
3191	chapter 490, or a psychotherapist licensed under chapter 491 who
3192	provides substance abuse treatment, so long as the physician,
3193	psychologist, or psychotherapist does not represent to the
3194	public that he or she is a licensed service provider and does
3195	not provide services to clients pursuant to part V of this
3196	chapter. Failure to comply with any requirement necessary to
3197	maintain an exempt status under this section is a misdemeanor of
3198	the first degree, punishable as provided in s. 775.082 or s.
3199	775.083.
3200	Section 41.  Subsection (13) of section 400.419, Florida
3201	Statutes, is amended to read:
3202	400.419  Violations; imposition of administrative fines;
3203	grounds.--
3204	(13)  The agency shall develop and disseminate an annual
3205	list of all facilities sanctioned or fined $5,000 or more for
3206	violations of state standards, the number and class of
3207	violations involved, the penalties imposed, and the current
3208	status of cases. The list shall be disseminated, at no charge,
3209	to the Department of Elderly Affairs, the Department of Health,
3210	the Department of Children and Family Services, the Agency for
3211	Persons with Disabilities, the area agencies on aging, the
3212	Florida Statewide Advocacy Council, and the state and local
3213	ombudsman councils. The Department of Children and Family
3214	Services shall disseminate the list to service providers under
3215	contract to the department who are responsible for referring
3216	persons to a facility for residency. The agency may charge a fee
3217	commensurate with the cost of printing and postage to other
3218	interested parties requesting a copy of this list.
3219	Section 42.  Section 400.960, Florida Statutes, is amended
3220	to read:
3221	400.960  Definitions.--As used in this part, the term:
3222	(1)  "Active treatment" means the provision of services by
3223	an interdisciplinary team which are necessary to maximize a
3224	client's individual independence or prevent regression or loss
3225	of functional status.
3226	(2)  "Agency" means the Agency for Health Care
3227	Administration.
3228	(3)  "Autism" has the same meaning as in s. 393.063. means
3229	a pervasive, neurologically based developmental disability of
3230	extended duration which causes severe learning, communication,
3231	and behavior disorders with age of onset during infancy or
3232	childhood. Individuals with autism exhibit impairment in
3233	reciprocal social interaction, impairment in verbal and
3234	nonverbal communication and imaginative ability, and a markedly
3235	restricted repertoire of activities and interests.
3236	(4)  "Cerebral palsy" has the same meaning as in s.
3237	393.063. means a group of disabling symptoms of extended
3238	duration which results from damage to the developing brain
3239	occurring before, during, or after birth and resulting in the
3240	loss or impairment of control over voluntary muscles. The term
3241	does not include those symptoms or impairments resulting solely
3242	from a stroke.
3243	(5)  "Client" means any person determined by the Agency for
3244	Persons with Disabilities department to be eligible for
3245	developmental services.
3246	(6)  "Client advocate" means a friend or relative of the
3247	client, or of the client's immediate family, who advocates for
3248	the best interests of the client in any proceedings under this
3249	part in which the client or his or her family has the right or
3250	duty to participate.
3251	(7)  "Department" means the Department of Children and
3252	Family Services.
3253	(6)(8)  "Developmental disability" has the same meaning as
3254	in s. 393.063 means a disorder or syndrome that is attributable
3255	to retardation, cerebral palsy, autism, spina bifida, or Prader-
3256	Willi syndrome and that constitutes a substantial handicap that
3257	can reasonably be expected to continue indefinitely.
3258	(7)(9)  "Direct service provider" means a person 18 years
3259	of age or older who has direct contact with individuals with
3260	developmental disabilities and who is unrelated to the
3261	individuals with developmental disabilities.
3262	(10)  "Epilepsy" means a chronic brain disorder of various
3263	causes which is characterized by recurrent seizures due to
3264	excessive discharge of cerebral neurons. When found concurrently
3265	with retardation, autism, or cerebral palsy, epilepsy is
3266	considered a secondary disability for which the client is
3267	eligible to receive services to ameliorate this condition
3268	according to the provisions of this part.
3269	(11)  "Guardian advocate" means a person appointed by the
3270	circuit court to represent a person with developmental
3271	disabilities in any proceedings brought pursuant to s. 393.12,
3272	and is distinct from a guardian advocate for mentally ill
3273	persons under chapter 394.
3274	(8)(12)  "Intermediate care facility for the
3275	developmentally disabled" means a residential facility licensed
3276	and certified in accordance with state law, and certified by the
3277	Federal Government, pursuant to the Social Security Act, as a
3278	provider of Medicaid services to persons with developmental
3279	disabilities who are developmentally disabled.
3280	(9)(13)  "Prader-Willi syndrome" has the same meaning as in
3281	s. 393.063. means an inherited condition typified by neonatal
3282	hypotonia with failure to thrive, hyperphagia, or an excessive
3283	drive to eat which leads to obesity, usually at 18 to 36 months
3284	of age, mild to moderate retardation, hypogonadism, short
3285	stature, mild facial dysmorphism, and a characteristic
3286	neurobehavior.
3287	(10)(a)  "Restraint" means a physical device, method, or
3288	drug used to control behavior. A physical restraint is any
3289	manual method or physical or mechanical device, material, or
3290	equipment attached or adjacent to the individual's body so that
3291	he or she cannot easily remove the restraint and which restricts
3292	freedom of movement or normal access to one's body.
3293	(b)  A drug used as a restraint is a medication used to
3294	control the person's behavior or to restrict his or her freedom
3295	of movement. Physically holding a person during a procedure to
3296	forcibly administer psychotropic medication is a physical
3297	restraint.
3298	(c)  Restraint does not include physical devices, such as
3299	orthopedically prescribed appliances, surgical dressings and
3300	bandages, supportive body bands, or other physical holding when
3301	necessary for routine physical examinations and tests; for
3302	purposes of orthopedic, surgical, or other similar medical
3303	treatment; when used to provide support for the achievement of
3304	functional body position or proper balance; or when used to
3305	protect a person from falling out of bed.
3306	(11)(14)  "Retardation" has the same meaning as in s.
3307	393.063. means significantly subaverage general intellectual
3308	functioning existing concurrently with deficits in adaptive
3309	behavior and manifested during the period from conception to age
3310	18. "Significantly subaverage general intellectual functioning,"
3311	for the purpose of this definition, means performance that is
3312	two or more standard deviations from the mean score on a
3313	standardized intelligence test specified in rules of the
3314	department. "Deficits in adaptive behavior," for the purpose of
3315	this definition, means deficits in the effectiveness or degree
3316	with which an individual meets the standards of personal
3317	independence and social responsibility expected of his or her
3318	age, cultural group, and community.
3319	(12)  "Seclusion" means the physical segregation of a
3320	person in any fashion or the involuntary isolation of a person
3321	in a room or area from which the person is prevented from
3322	leaving. The prevention may be by physical barrier or by a staff
3323	member who is acting in a manner, or who is physically situated,
3324	so as to prevent the person from leaving the room or area. For
3325	purposes of this part, the term does not mean isolation due to a
3326	person's medical condition or symptoms.
3327	(13)(15)  "Spina bifida" has the same meaning as in s.
3328	393.063 means a medical diagnosis of spina bifida cystica or
3329	myelomeningocele.
3330	Section 43.  Subsection (12) is added to section 400.962,
3331	Florida Statutes, to read:
3332	400.962  License required; license application.--
3333	(12)  The applicant must agree to provide or arrange for
3334	active treatment services by an interdisciplinary team to
3335	maximize individual independence or prevent regression or loss
3336	of functional status. Standards for active treatment shall be
3337	adopted by the Agency for Health Care Administration by rule
3338	pursuant to ss. 120.536(1) and 120.54. Active treatment services
3339	shall be provided in accordance with the individual support plan
3340	and shall be reimbursed as part of the per diem rate as paid
3341	under the Medicaid program.
3342	Section 44.  Subsection (2) of section 400.967, Florida
3343	Statutes, is amended to read:
3344	400.967  Rules and classification of deficiencies.--
3345	(2)  Pursuant to the intention of the Legislature, the
3346	agency, in consultation with the Agency for Persons with
3347	Disabilities Department of Children and Family Services and the
3348	Department of Elderly Affairs, shall adopt and enforce rules to
3349	administer this part, which shall include reasonable and fair
3350	criteria governing:
3351	(a)  The location and construction of the facility;
3352	including fire and life safety, plumbing, heating, cooling,
3353	lighting, ventilation, and other housing conditions that will
3354	ensure the health, safety, and comfort of residents. The agency
3355	shall establish standards for facilities and equipment to
3356	increase the extent to which new facilities and a new wing or
3357	floor added to an existing facility after July 1, 2000, are
3358	structurally capable of serving as shelters only for residents,
3359	staff, and families of residents and staff, and equipped to be
3360	self-supporting during and immediately following disasters. The
3361	Agency for Health Care Administration shall work with facilities
3362	licensed under this part and report to the Governor and the
3363	Legislature by April 1, 2000, its recommendations for cost-
3364	effective renovation standards to be applied to existing
3365	facilities. In making such rules, the agency shall be guided by
3366	criteria recommended by nationally recognized, reputable
3367	professional groups and associations having knowledge concerning
3368	such subject matters. The agency shall update or revise such
3369	criteria as the need arises. All facilities must comply with
3370	those lifesafety code requirements and building code standards
3371	applicable at the time of approval of their construction plans.
3372	The agency may require alterations to a building if it
3373	determines that an existing condition constitutes a distinct
3374	hazard to life, health, or safety. The agency shall adopt fair
3375	and reasonable rules setting forth conditions under which
3376	existing facilities undergoing additions, alterations,
3377	conversions, renovations, or repairs are required to comply with
3378	the most recent updated or revised standards.
3379	(b)  The number and qualifications of all personnel,
3380	including management, medical nursing, and other personnel,
3381	having responsibility for any part of the care given to
3382	residents.
3383	(c)  All sanitary conditions within the facility and its
3384	surroundings, including water supply, sewage disposal, food
3385	handling, and general hygiene, which will ensure the health and
3386	comfort of residents.
3387	(d)  The equipment essential to the health and welfare of
3388	the residents.
3389	(e)  A uniform accounting system.
3390	(f)  The care, treatment, and maintenance of residents and
3391	measurement of the quality and adequacy thereof.
3392	(g)  The preparation and annual update of a comprehensive
3393	emergency management plan. The agency shall adopt rules
3394	establishing minimum criteria for the plan after consultation
3395	with the Department of Community Affairs. At a minimum, the
3396	rules must provide for plan components that address emergency
3397	evacuation transportation; adequate sheltering arrangements;
3398	postdisaster activities, including emergency power, food, and
3399	water; postdisaster transportation; supplies; staffing;
3400	emergency equipment; individual identification of residents and
3401	transfer of records; and responding to family inquiries. The
3402	comprehensive emergency management plan is subject to review and
3403	approval by the local emergency management agency. During its
3404	review, the local emergency management agency shall ensure that
3405	the following agencies, at a minimum, are given the opportunity
3406	to review the plan: the Department of Elderly Affairs, the
3407	Agency for Persons with Disabilities Department of Children and
3408	Family Services, the Agency for Health Care Administration, and
3409	the Department of Community Affairs. Also, appropriate volunteer
3410	organizations must be given the opportunity to review the plan.
3411	The local emergency management agency shall complete its review
3412	within 60 days and either approve the plan or advise the
3413	facility of necessary revisions.
3414	(h)  The posting of licenses. Each licensee shall post its
3415	license in a prominent place that is in clear and unobstructed
3416	public view at or near the place where residents are being
3417	admitted to the facility.
3418	(i)  The use of restraint and seclusion. Such rules must be
3419	consistent with recognized best practices; prohibit inherently
3420	dangerous restraint or seclusion procedures; establish
3421	limitations on the use and duration of restraint and seclusion;
3422	establish measures to ensure the safety of clients and staff
3423	during an incident of restraint or seclusion; establish
3424	procedures for staff to follow before, during, and after
3425	incidents of restraint or seclusion, including individualized
3426	plans for the use of restraints or seclusion in emergency
3427	situations; establish professional qualifications of and
3428	training for staff who may order or be engaged in the use of
3429	restraint or seclusion; establish requirements for facility data
3430	collection and reporting relating to the use of restraint and
3431	seclusion; and establish procedures relating to the
3432	documentation of the use of restraint or seclusion in the
3433	client's facility or program record.
3434	Section 45.  Section 402.115, Florida Statutes, is amended
3435	to read:
3436	402.115  Sharing confidential or exempt
3437	information.--Notwithstanding any other provision of law to the
3438	contrary, the Department of Health, and the Department of
3439	Children and Family Services, and the Agency for Persons with
3440	Disabilities may share confidential information or information
3441	exempt from disclosure under chapter 119 on any individual who
3442	is or has been the subject of a program within the jurisdiction
3443	of each agency. Information so exchanged remains confidential or
3444	exempt as provided by law.
3445	Section 46.  Section 402.17, Florida Statutes, is amended
3446	to read:
3447	402.17  Claims for care and maintenance; trust
3448	property.--The Department of Children and Family Services and
3449	the Agency for Persons with Disabilities shall protect the
3450	financial interest of the state with respect to claims that
3451	which the state may have for the care and maintenance of clients
3452	of the department or agency. The department or agency shall, as
3453	trustee, hold in trust and administer money of clients and
3454	property designated for the personal benefit of clients. The
3455	department or agency shall act as trustee of clients' money and
3456	property entrusted to it in accordance with the usual fiduciary
3457	standards applicable generally to trustees, and shall act to
3458	protect both the short-term and long-term interests of the
3459	clients for whose benefit it is holding such money and property.
3460	(1)  CLAIMS FOR CARE AND MAINTENANCE.--
3461	(a)  The department or agency shall perform the following
3462	acts:
3463	1.  Receive and supervise the collection of sums due the
3464	state.
3465	2.  Bring any court action necessary to collect any claim
3466	the state may have against any client, former client, guardian
3467	of any client or former client, executor or administrator of the
3468	client's estate, or any person against whom any client or former
3469	client may have a claim.
3470	3.  Obtain a copy of any inventory or appraisal of the
3471	client's property filed with any court.
3472	4.  Obtain from the department's Economic Self-Sufficiency
3473	Services Program Office a financial status report on any client
3474	or former client, including the ability of third parties
3475	responsible for such client to pay all or part of the cost of
3476	the client's care and maintenance.
3477	5.  Petition the court for appointment of a guardian or
3478	administrator for an otherwise unrepresented client or former
3479	client should the financial status report or other information
3480	indicate the need for such action. The cost of any such action
3481	shall be charged against the assets or estate of the client.
3482	6.  Represent the interest of the state in any litigation
3483	in which a client or former client is a party.
3484	7.  File claims with any person, firm, or corporation or
3485	with any federal, state, county, district, or municipal agency
3486	on behalf of an unrepresented client.
3487	8.  Represent the state in the settlement of the estates of
3488	deceased clients or in the settlement of estates in which a
3489	client or a former client against whom the state may have a
3490	claim has a financial interest.
3491	9.  Establish procedures by rule for the use of amounts
3492	held in trust for the client to pay for the cost of care and
3493	maintenance, if such amounts would otherwise cause the client to
3494	become ineligible for services which are in the client's best
3495	interests.
3496	(b)  The department or agency of Children and Family
3497	Services may charge off accounts if it certifies that the
3498	accounts are uncollectible after diligent efforts have been made
3499	to collect them. If the department certifies an account to the
3500	Department of Financial Services, setting forth the
3501	circumstances upon which it predicates the uncollectibility, and
3502	if, pursuant to s. 17.04, the Department of Financial Services
3503	concurs, the account shall be charged off.
3504	(2)  MONEY OR OTHER PROPERTY RECEIVED FOR PERSONAL USE OR
3505	BENEFIT OF ANY CLIENT.--The department or agency shall perform
3506	the following acts:
3507	(a)  Accept and administer in trust, as a trustee having a
3508	fiduciary responsibility to a client of the department, any
3509	money or other property received for personal use or benefit of
3510	that client. In the case of children in the legal custody of the
3511	department, following the termination of the parental rights as
3512	to that client, until the child such client leaves the legal
3513	custody of the department due to the client's adoption or
3514	attaining because the client attains the age of 18 or, in the
3515	case of children who are otherwise in the custody of the
3516	department, the court having jurisdiction over such child client
3517	shall have jurisdiction, upon application of the department or
3518	other interested party, to review or approve any extraordinary
3519	action of the department acting as trustee as to the child's
3520	client's money or other property. When directed by a court of
3521	competent jurisdiction, the department may further hold money or
3522	property of a child person under the age of 18 who has been in
3523	the care, custody, or control of the department and who is the
3524	subject of a court proceeding during the pendency of that
3525	proceeding.
3526	(b)  Deposit the money in banks qualified as state
3527	depositories, or in any bank, credit union, or savings and loan
3528	association authorized to do business in this state, provided
3529	moneys so deposited or held by such institutions are fully
3530	insured by a federal depository or share insurance program, or
3531	an approved state depository or share insurance program, and are
3532	available on demand.
3533	(c)  Withdraw the money and use it to meet current needs of
3534	clients. For purposes of this paragraph, "current needs"
3535	includes payment of fees assessed under s. 402.33. The amount of
3536	money withdrawn by the department to meet current needs of a
3537	client shall take into account the need of the department or
3538	agency, as the trustee of a client's money and property, to
3539	provide for the long-term needs of a client, including, but not
3540	limited to, ensuring that to provide for the need of a client
3541	under the age of 18 will to have sufficient financial resources
3542	available to be able to function as an adult upon reaching the
3543	age of 18, meeting or to meet the special needs of a client who
3544	has a disability and whose special needs cannot otherwise be met
3545	by any form of public assistance or family resources, or
3546	maintaining to maintain the client's eligibility for public
3547	assistance, including medical assistance, under state or federal
3548	law.
3549	(d)  As trustee, invest in the manner authorized by law for
3550	fiduciaries money not used for current needs of clients. Such
3551	investments may include, but shall not be limited to,
3552	investments in savings share accounts of any credit union
3553	chartered under the laws of the United States and doing business
3554	in this state, and savings share accounts of any credit union
3555	chartered under the laws of this state, provided the credit
3556	union is insured under the federal share insurance program or an
3557	approved state share insurance program.
3558	(3)  DEPOSIT OF FUNDS RECEIVED.--Funds received by the
3559	Department of Children and Family Services in accordance with s.
3560	402.33 shall be deposited into a trust fund for the operation of
3561	the department.
3562	(4)  DISPOSITION OF UNCLAIMED TRUST FUNDS.--Upon the death
3563	of any client affected by the provisions of this section, any
3564	unclaimed money held in trust by the department, the agency, or
3565	by the Chief Financial Officer for the child him or her shall be
3566	applied first to the payment of any unpaid claim of the state
3567	against the client, and any balance remaining unclaimed for a
3568	period of 1 year shall escheat to the state as unclaimed funds
3569	held by fiduciaries.
3570	(5)  LEGAL REPRESENTATION.--To the extent that the budget
3571	will permit, the Department of Legal Affairs shall furnish the
3572	legal services to carry out the provisions of this section. Upon
3573	the request of the department or agency of Children and Family
3574	Services, the various state and county attorneys shall assist in
3575	litigation within their jurisdiction. The Such department or
3576	agency may retain legal counsel for necessary legal services
3577	which cannot be furnished by the Department of Legal Affairs and
3578	the various state and county attorneys.
3579	(6)  DEPOSIT OR INVESTMENT OF FUNDS OF CLIENTS.--
3580	(a)  The department or agency of Children and Family
3581	Services may deposit any funds of clients in its possession in
3582	any bank in the state or may invest or reinvest such funds in
3583	bonds or obligations of the United States for the payment of
3584	which the full faith and credit of the United States is pledged.
3585	For purposes of deposit only, the funds of any client may be
3586	mingled with the funds of any other clients.
3587	(b)  The interest or increment accruing on such funds shall
3588	be the property of the clients and shall be used or conserved
3589	for the personal use or benefit of the individual client, in
3590	accordance with the department's or agency's fiduciary
3591	responsibility as a trustee for the money and property of the
3592	client held by the department. Such interest shall not accrue to
3593	the general welfare of all clients. Whenever any proposed action
3594	of the department or agency, acting in its own interest, may
3595	conflict with the department's or agency's obligation as a
3596	trustee with a fiduciary responsibility to the client, the
3597	department or agency shall promptly present the matter to a
3598	court of competent jurisdiction for the court's determination as
3599	to what action the department or agency may take. The department
3600	or agency shall establish rules governing reasonable fees by
3601	rule for the cost of administering such accounts and for
3602	establishing the minimum balance eligible to earn interest.
3603	(7)  DISPOSITION OF MONEY AND PROPERTY OF CLIENTS UPON
3604	ATTAINING AGE 18 OR DISCHARGE FROM CARE, CUSTODY, CONTROL, OR
3605	SERVICES OF THE DEPARTMENT.--
3606	(a)  Whenever a client of the department for whom the
3607	department is holding money or property as a trustee attains the
3608	age of 18, and thereby will no longer be in the legal custody of
3609	the department, the department shall promptly disburse such
3610	money and property of the client the department has held as a
3611	trustee to that client, or as that client directs, as soon as
3612	practicable once the client attains the age of 18.
3613	(b)  Whenever a client of the department over the age of 18
3614	for whom the department is holding money or property as a
3615	trustee no longer requires the care, custody, control, or
3616	services of the department, the department shall promptly
3617	disburse such money and property of the client the department
3618	has held as a trustee to that client, or as that client or a
3619	court directs, as soon as practicable.
3620	(c)  When a client under the age of 18 who has been in the
3621	legal custody, care, or control of the department and for whom
3622	the department is holding money or property as a trustee attains
3623	the age of 18 and has a physical or mental disability, or is
3624	otherwise incapacitated or incompetent to handle that client's
3625	own financial affairs, the department shall apply for a court
3626	order from a court of competent jurisdiction to establish a
3627	trust on behalf of that client. Where there is no willing
3628	relative of the client acceptable to the court available to
3629	serve as trustee of such proposed trust, the court may enter an
3630	order authorizing the department to serve as trustee of a
3631	separate trust under such terms and conditions as the court
3632	determines appropriate to the circumstances.
3633	(d)  When a client under the age of 18 who has been in the
3634	legal custody, care, or control of the department and for whom
3635	the department is holding money or property as a trustee leaves
3636	the care, custody, and control of the department due to adoption
3637	or placement of the client with a relative, or as otherwise
3638	directed by a court of competent jurisdiction, the department
3639	shall notify that court of the existence of the money and
3640	property in the possession of the department either prior to, or
3641	promptly after, receiving knowledge of the change of custody,
3642	care, or control. The department shall apply for an order from
3643	the court exercising jurisdiction over the client to direct the
3644	disposition of the money and property belonging to that client.
3645	The court order may establish a trust in which the money and
3646	property of the client will be deposited, appoint a guardian of
3647	a property as to the money or property of the client, or direct
3648	the creation of a Uniform Transfers Gifts to Minors Act account
3649	on behalf of that client, as the court finds appropriate and
3650	under the terms and conditions the court determines appropriate
3651	to the circumstances.
3652	Section 47.  Section 402.181, Florida Statutes, is amended
3653	to read:
3654	402.181  State Institutions Claims Program.--
3655	(1)  There is created a State Institutions Claims Program,
3656	for the purpose of making restitution for property damages and
3657	direct medical expenses for injuries caused by shelter children
3658	or foster children, or escapees, inmates, or patients of state
3659	institutions under the Department of Children and Family
3660	Services, the Department of Health, the Department of Juvenile
3661	Justice, or the Department of Corrections, or the Agency for
3662	Persons with Disabilities.
3663	(2)  Claims for restitution may be filed with the
3664	Department of Legal Affairs at its office in accordance with
3665	regulations prescribed by the Department of Legal Affairs. The
3666	Department of Legal Affairs shall have full power and authority
3667	to hear, investigate, and determine all questions in respect to
3668	such claims and is authorized, within the limits of current
3669	appropriations, to pay individual claims up to $1,000 or, with
3670	respect to children in foster care and their families,
3671	individual claims up to $1,500. Claims in excess of these
3672	amounts shall continue to require legislative approval.
3673	(3)(a)  The Department of Legal Affairs shall make or cause
3674	to be made such investigations as it considers necessary in
3675	respect to such claims. Hearings shall be held in accordance
3676	with chapter 120.
3677	(b)  The Department of Legal Affairs shall work with the
3678	Department of Children and Family Services, the Department of
3679	Health, the Department of Juvenile Justice, and the Department
3680	of Corrections, and the Agency for Persons with Disabilities to
3681	streamline the process of investigations, hearings, and
3682	determinations with respect to claims under this section, to
3683	ensure that eligible claimants receive restitution within a
3684	reasonable time.
3685	Section 48.  Section 402.20, Florida Statutes, is amended
3686	to read:
3687	402.20  County contracts authorized for services and
3688	facilities for in mental health and developmental disabilities
3689	retardation areas.--The boards of county commissioners are
3690	authorized to provide monetary grants and facilities, and to
3691	enter into renewable contracts, for services and facilities, for
3692	a period not to exceed 2 years, with public and private
3693	hospitals, clinics, and laboratories; other state agencies,
3694	departments, or divisions; the state colleges and universities;
3695	the community colleges; private colleges and universities;
3696	counties; municipalities; towns; townships; and any other
3697	governmental unit or nonprofit organization which provides
3698	needed facilities for persons with mental illness or
3699	developmental disabilities the mentally ill or retarded. These
3700	services are hereby declared to be for a public and county
3701	purpose. The county commissioners may make periodic inspections
3702	to assure that the services or facilities provided under this
3703	chapter meet the standards of the Department of Children and
3704	Family Services and the Agency for Persons with Disabilities.
3705	Section 49.  Section 402.22, Florida Statutes, is amended
3706	to read:
3707	402.22  Education program for students who reside in
3708	residential care facilities operated by the Department of
3709	Children and Family Services or the Agency for Persons with
3710	Disabilities.--
3711	(1)(a)  The Legislature recognizes that the Department of
3712	Children and Family Services and the Agency for Persons with
3713	Disabilities have under their has under its residential care
3714	students with critical problems of physical impairment,
3715	emotional disturbance, mental impairment, and learning
3716	impairment.
3717	(b)  The Legislature recognizes the vital role of education
3718	in the rehabilitation of such students. It is the intent of the
3719	Legislature that all such students benefit from educational
3720	services and receive such services.
3721	(c)  It is the intent of the Legislature that educational
3722	services be coordinated with appropriate and existing diagnostic
3723	and evaluative, social, followup, and other therapeutic services
3724	of the department and agency of Children and Family Services so
3725	that the effect of the total rehabilitation process is
3726	maximized.
3727	(d)  It is the intent of the Legislature that, as
3728	educational programs for students in residential care facilities
3729	are implemented by the district school board, educational
3730	personnel in the Department of Children and Family Services
3731	residential care facilities who meet the qualifications for
3732	employees of the district school board be employed by the
3733	district school board.
3734	(2)  District school boards shall establish educational
3735	programs for all students ages 5 through 18 under the
3736	residential care of the Department of Children and Family
3737	Services and the Agency for Persons with Disabilities, and may
3738	provide for students below age 3 as provided for in s.
3739	1003.21(1)(e). Funding of such programs shall be pursuant to s.
3740	1011.62.
3741	(3)  Notwithstanding any provisions of chapters 39, 393,
3742	394, and 397 to the contrary, the services of the Department of
3743	Children and Family Services and the Agency for Persons with
3744	Disabilities and those of the Department of Education and
3745	district school boards shall be mutually supportive and
3746	complementary of each other. The education programs provided by
3747	the district school board shall meet the standards prescribed by
3748	the State Board of Education and the district school board.
3749	Decisions regarding the design and delivery of department or
3750	agency of Children and Family Services treatment or habilitative
3751	services shall be made by interdisciplinary teams of
3752	professional and paraprofessional staff of which appropriate
3753	district school system administrative and instructional
3754	personnel shall be invited to be participating members. The
3755	requirements for maintenance of confidentiality as prescribed in
3756	chapters 39, 393, 394, and 397 shall be applied to information
3757	used by such interdisciplinary teams, and such information shall
3758	be exempt from the provisions of ss. 119.07(1) and 286.011.
3759	(4)  Students age 18 and under who are under the
3760	residential care of the Department of Children and Family
3761	Services or the Agency for Persons with Disabilities and who
3762	receive an education program shall be calculated as full-time
3763	equivalent student membership in the appropriate cost factor as
3764	provided for in s. 1011.62(1)(c). Residential care facilities of
3765	the Department of Children and Family Services shall include,
3766	but not be limited to, developmental disabilities services
3767	institutions and state mental health facilities. All students
3768	shall receive their education program from the district school
3769	system, and funding shall be allocated through the Florida
3770	Education Finance Program for the district school system.
3771	(5)  Instructional and special educational services that
3772	which are provided to mental health and retardation clients with
3773	mental illness or developmental disabilities of the department's
3774	or agency's in the Department of Children and Family Services
3775	residential care facilities by local school districts shall not
3776	be less than 180 days or 900 hours; however, the 900 hours may
3777	be distributed over a 12-month period, unless otherwise stated
3778	in rules developed by the State Board of Education, with the
3779	concurrence of the department or agency and adopted of Children
3780	and Family Services promulgated pursuant to subsection (6).
3781	(6)  The State Board of Education, and the Department of
3782	Children and Family Services, and the Agency for Persons with
3783	Disabilities may adopt shall have the authority to promulgate
3784	rules to which shall assist in the orderly transfer of the
3785	instruction of students from department or agency Department of
3786	Children and Family Services residential care facilities to the
3787	district school system or to the public education agency and
3788	which shall assist in implementing the specific intent as stated
3789	in this act.
3790	(7)  Notwithstanding the provisions of s. 1001.42(4)(n),
3791	the educational program at the Marianna Sunland Center in
3792	Jackson County shall be operated by the Department of Education,
3793	either directly or through grants or contractual agreements with
3794	other public educational agencies. The annual state allocation
3795	to any such agency shall be computed pursuant to s. 1011.62(1),
3796	(2), and (5) and allocated in the amount that would have been
3797	provided the local school district in which the residential
3798	facility is located.
3799	Section 50.  Paragraph (c) of subsection (1) and subsection
3800	(2) of section 402.33, Florida Statutes, are amended to read:
3801	402.33  Department authority to charge fees for services
3802	provided.--
3803	(1)  As used in this section, the term:
3804	(c)  "Department" means the Department of Children and
3805	Family Services, and the Department of Health, and the Agency
3806	for Persons with Disabilities.
3807	(2)  The department, in accordance with rules established
3808	by it, shall either charge, assess, or collect, or cause to be
3809	charged, assessed, or collected, fees for any service it
3810	provides to its clients either directly or through its agencies
3811	or contractors, except for:
3812	(a)  Diagnosis and evaluation procedures necessary to
3813	determine the client's eligibility and need for services
3814	provided by the department;
3815	(b)  Customary and routine information and referral
3816	services;
3817	(c)  Educational services provided in lieu of public
3818	education;
3819	(d)  Specific services exempted by law from fee assessment;
3820	(e)  Emergency shelter or emergency detention care and
3821	custody prior to a detention hearing under chapter 39;
3822	(f)  Specific classes or types of services provided in
3823	programs funded by grants, donations, or contracts that prohibit
3824	charging fees;
3825	(g)  Developmental disability services provided under
3826	chapter 393 to any person who is determined to be eligible for
3827	such services by the department and whose earned income falls
3828	below the federal Health and Human Services Poverty Guidelines,
3829	unless such fees are collected from third-party benefits and
3830	benefit payments; or
3831	(h)  Any type of service for which the department
3832	determines that the net estimated revenue from such fees after
3833	deducting any loss of funds from federal grants occasioned by
3834	such fees will be less than the estimated cost to charge and
3835	collect such fees.
3836
3837	Fees, other than third-party benefits and benefit payments, may
3838	not be charged for services provided to indigents whose only
3839	sources of income are from state and federal aid. In addition,
3840	fees may not be charged parents of a minor client for services
3841	requested by the minor without parental consent or for services
3842	provided a minor client who has been permanently committed to
3843	the care and custody of the department with parental rights
3844	permanently severed. However, lack of parental consent does not
3845	preclude the charging of fees established under chapter 39. The
3846	department may not require A client who is receiving wages that
3847	which are below the minimum wage under the federal Fair Labor
3848	Standards Act may not be required to pay fees from such wages.
3849	Voluntary payments for services must be encouraged.
3850	Section 51.  Paragraphs (r) and (s) of subsection (3) of
3851	section 408.036, Florida Statutes, are amended to read:
3852	408.036  Projects subject to review; exemptions.--
3853	(3)  EXEMPTIONS.--Upon request, the following projects are
3854	subject to exemption from the provisions of subsection (1):
3855	(r)  For beds in state mental health treatment facilities
3856	operated under s. 394.455(32)(30) and state mental health
3857	forensic facilities operated under s. 916.106(8).
3858	(s)  For beds in state developmental disabilities services
3859	institutions as defined in s. 393.063.
3860	Section 52.  Paragraphs (a), (j), and (k) of subsection (4)
3861	of section 409.221, Florida Statutes, are amended to read:
3862	409.221  Consumer-directed care program.--
3863	(4)  CONSUMER-DIRECTED CARE.--
3864	(a)  Program established.--The Agency for Health Care
3865	Administration shall establish the consumer-directed care
3866	program which shall be based on the principles of consumer
3867	choice and control. The agency shall implement the program upon
3868	federal approval. The agency shall establish interagency
3869	cooperative agreements with and shall work with the Departments
3870	of Elderly Affairs, Health, and Children and Family Services and
3871	the Agency for Persons with Disabilities to implement and
3872	administer the program. The program shall allow enrolled persons
3873	to choose the providers of services and to direct the delivery
3874	of services, to best meet their long-term care needs. The
3875	program must operate within the funds appropriated by the
3876	Legislature.
3877	(j)  Rules; federal waivers.--In order to implement this
3878	section:
3879	1.  The agency and the Departments of Elderly Affairs,
3880	Health, and Children and Family Services and the Agency for
3881	Persons with Disabilities are authorized to adopt and enforce
3882	rules.
3883	2.  The agency shall take all necessary action to ensure
3884	state compliance with federal regulations. The agency shall
3885	apply for any necessary federal waivers or waiver amendments
3886	needed to implement the program.
3887	(k)  Reviews and reports.--The agency and the Departments
3888	of Elderly Affairs, Health, and Children and Family Services and
3889	the Agency for Persons with Disabilities shall each, on an
3890	ongoing basis, review and assess the implementation of the
3891	consumer-directed care program. By January 15 of each year, the
3892	agency shall submit a written report to the Legislature that
3893	includes each department's review of the program and contains
3894	recommendations for improvements to the program.
3895	Section 53.  Paragraph (a) of subsection (2) and subsection
3896	(8) of section 409.908, Florida Statutes, are amended to read:
3897	409.908  Reimbursement of Medicaid providers.--Subject to
3898	specific appropriations, the agency shall reimburse Medicaid
3899	providers, in accordance with state and federal law, according
3900	to methodologies set forth in the rules of the agency and in
3901	policy manuals and handbooks incorporated by reference therein.
3902	These methodologies may include fee schedules, reimbursement
3903	methods based on cost reporting, negotiated fees, competitive
3904	bidding pursuant to s. 287.057, and other mechanisms the agency
3905	considers efficient and effective for purchasing services or
3906	goods on behalf of recipients. If a provider is reimbursed based
3907	on cost reporting and submits a cost report late and that cost
3908	report would have been used to set a lower reimbursement rate
3909	for a rate semester, then the provider's rate for that semester
3910	shall be retroactively calculated using the new cost report, and
3911	full payment at the recalculated rate shall be effected
3912	retroactively. Medicare-granted extensions for filing cost
3913	reports, if applicable, shall also apply to Medicaid cost
3914	reports. Payment for Medicaid compensable services made on
3915	behalf of Medicaid eligible persons is subject to the
3916	availability of moneys and any limitations or directions
3917	provided for in the General Appropriations Act or chapter 216.
3918	Further, nothing in this section shall be construed to prevent
3919	or limit the agency from adjusting fees, reimbursement rates,
3920	lengths of stay, number of visits, or number of services, or
3921	making any other adjustments necessary to comply with the
3922	availability of moneys and any limitations or directions
3923	provided for in the General Appropriations Act, provided the
3924	adjustment is consistent with legislative intent.
3925	(2)(a)1.  Reimbursement to nursing homes licensed under
3926	part II of chapter 400 and state-owned-and-operated intermediate
3927	care facilities for the developmentally disabled licensed under
3928	part XI of chapter 400 chapter 393 must be made prospectively.
3929	2.  Unless otherwise limited or directed in the General
3930	Appropriations Act, reimbursement to hospitals licensed under
3931	part I of chapter 395 for the provision of swing-bed nursing
3932	home services must be made on the basis of the average statewide
3933	nursing home payment, and reimbursement to a hospital licensed
3934	under part I of chapter 395 for the provision of skilled nursing
3935	services must be made on the basis of the average nursing home
3936	payment for those services in the county in which the hospital
3937	is located. When a hospital is located in a county that does not
3938	have any community nursing homes, reimbursement shall must be
3939	determined by averaging the nursing home payments, in counties
3940	that surround the county in which the hospital is located.
3941	Reimbursement to hospitals, including Medicaid payment of
3942	Medicare copayments, for skilled nursing services shall be
3943	limited to 30 days, unless a prior authorization has been
3944	obtained from the agency. Medicaid reimbursement may be extended
3945	by the agency beyond 30 days, and approval must be based upon
3946	verification by the patient's physician that the patient
3947	requires short-term rehabilitative and recuperative services
3948	only, in which case an extension of no more than 15 days may be
3949	approved. Reimbursement to a hospital licensed under part I of
3950	chapter 395 for the temporary provision of skilled nursing
3951	services to nursing home residents who have been displaced as
3952	the result of a natural disaster or other emergency may not
3953	exceed the average county nursing home payment for those
3954	services in the county in which the hospital is located and is
3955	limited to the period of time which the agency considers
3956	necessary for continued placement of the nursing home residents
3957	in the hospital.
3958	(8)  A provider of home-based or community-based services
3959	rendered pursuant to a federally approved waiver shall be
3960	reimbursed based on an established or negotiated rate for each
3961	service. These rates shall be established according to an
3962	analysis of the expenditure history and prospective budget
3963	developed by each contract provider participating in the waiver
3964	program, or under any other methodology adopted by the agency
3965	and approved by the Federal Government in accordance with the
3966	waiver. Effective July 1, 1996, Privately owned and operated
3967	community-based residential facilities which meet agency
3968	requirements and which formerly received Medicaid reimbursement
3969	for the optional intermediate care facility for the mentally
3970	retarded service may participate in the developmental services
3971	waiver as part of a home-and-community-based continuum of care
3972	for Medicaid recipients who receive waiver services.
3973	Section 54.  Subsection (3) of section 409.9127, Florida
3974	Statutes, is amended to read:
3975	409.9127  Preauthorization and concurrent utilization
3976	review; conflict-of-interest standards.--
3977	(3)  The agency shall help the Agency for Persons with
3978	Disabilities Department of Children and Family Services meet the
3979	requirements of s. 393.065(4). Only admissions approved pursuant
3980	to such assessments are eligible for reimbursement under this
3981	chapter.
3982	Section 55.  Paragraph (c) of subsection (2) and subsection
3983	(5) of section 411.224, Florida Statutes, are amended to read:
3984	411.224  Family support planning process.--The Legislature
3985	establishes a family support planning process to be used by the
3986	Department of Children and Family Services as the service
3987	planning process for targeted individuals, children, and
3988	families under its purview.
3989	(2)  To the extent possible within existing resources, the
3990	following populations must be included in the family support
3991	planning process:
3992	(c)  Children from age 3 birth through age 5 who are served
3993	by the Agency for Persons with Disabilities Developmental
3994	Disabilities Program Office of the Department of Children and
3995	Family Services.
3996	(5)  There must be only a single-family support plan to
3997	address the problems of the various family members unless the
3998	family requests that an individual family support plan be
3999	developed for different members of that family. The family
4000	support plan must replace individual habilitation plans for
4001	children from 3 birth through 5 years old who are served by the
4002	Agency for Persons with Disabilities Developmental Disabilities
4003	Program Office of the Department of Children and Family
4004	Services. To the extent possible, the family support plan must
4005	replace other case-planning forms used by the Department of
4006	Children and Family Services.
4007	Section 56.  Subsection (4) of section 411.232, Florida
4008	Statutes, is amended to read:
4009	411.232  Children's Early Investment Program.--
4010	(4)  RULES FOR IMPLEMENTATION.--The Department of Health
4011	and Rehabilitative Services shall adopt rules necessary to
4012	implement this section.
4013	Section 57.  Subsection (8) of section 415.102, Florida
4014	Statutes, is amended to read:
4015	415.102  Definitions of terms used in ss. 415.101-
4016	415.113.--As used in ss. 415.101-415.113, the term:
4017	(8)  "Facility" means any location providing day or
4018	residential care or treatment for vulnerable adults. The term
4019	"facility" may include, but is not limited to, any hospital,
4020	state institution, nursing home, assisted living facility, adult
4021	family-care home, adult day care center, residential facility
4022	licensed under chapter 393, adult day training center, group
4023	home, or mental health treatment center.
4024	Section 58.  Section 415.1035, Florida Statutes, is amended
4025	to read:
4026	415.1035  Facility's duty to inform residents of their
4027	right to report abusive, neglectful, or exploitive
4028	practices.--The department shall work cooperatively with the
4029	Agency for Health Care Administration, the Agency for Persons
4030	with Disabilities, and the Department of Elderly Affairs to
4031	ensure that every facility that serves vulnerable adults informs
4032	residents of their right to report abusive, neglectful, or
4033	exploitive practices. Each facility must establish appropriate
4034	policies and procedures to facilitate such reporting.
4035	Section 59.  Subsections (1) and (10) of section 415.1055,
4036	Florida Statutes, are amended to read:
4037	415.1055  Notification to administrative entities.--
4038	(1)  Upon receipt of a report that alleges that an employee
4039	or agent of the department, the Agency for Persons with
4040	Disabilities, or the Department of Elderly Affairs, acting in an
4041	official capacity, has committed an act of abuse, neglect, or
4042	exploitation, the department shall notify the state attorney in
4043	whose circuit the abuse, neglect, or exploitation occurred. This
4044	notification may be oral or written.
4045	(10)  When a report has been received and the department
4046	has reason to believe that a vulnerable adult resident of a
4047	facility licensed by the Agency for Health Care Administration
4048	or the Agency for Persons with Disabilities has been the victim
4049	of abuse, neglect, or exploitation, the department shall provide
4050	a copy of its investigation to the appropriate agency. If the
4051	investigation determines that a health professional licensed or
4052	certified under the Department of Health may have abused,
4053	neglected, or exploited a vulnerable adult, the department shall
4054	also provide a copy to the Department of Health.
4055	Section 60.  Paragraphs (a) and (h) of subsection (3) of
4056	section 415.107, Florida Statutes, are amended to read:
4057	415.107  Confidentiality of reports and records.--
4058	(3)  Access to all records, excluding the name of the
4059	reporter which shall be released only as provided in subsection
4060	(6), shall be granted only to the following persons, officials,
4061	and agencies:
4062	(a)  Employees or agents of the department, the Agency for
4063	Persons with Disabilities, of the Agency for Health Care
4064	Administration, or of the Department of Elderly Affairs who are
4065	responsible for carrying out protective investigations, ongoing
4066	protective services, or licensure or approval of nursing homes,
4067	assisted living facilities, adult day care centers, adult
4068	family-care homes, home care for the elderly, hospices,
4069	residential facilities licensed under chapter 393, or other
4070	facilities used for the placement of vulnerable adults.
4071	(h)  Any appropriate official of the department, the Agency
4072	for Persons with Disabilities, of the Agency for Health Care
4073	Administration, or of the Department of Elderly Affairs who is
4074	responsible for:
4075	1.  Administration or supervision of the programs for the
4076	prevention, investigation, or treatment of abuse, neglect, or
4077	exploitation of vulnerable adults when carrying out an official
4078	function; or
4079	2.  Taking appropriate administrative action concerning an
4080	employee alleged to have perpetrated abuse, neglect, or
4081	exploitation of a vulnerable adult in an institution.
4082	Section 61.  Paragraph (a) of subsection (3) of section
4083	435.03, Florida Statutes, is amended to read:
4084	435.03  Level 1 screening standards.--
4085	(3)  Standards must also ensure that the person:
4086	(a)  For employees and employers licensed or registered
4087	pursuant to chapter 400, and for employees and employers of
4088	developmental disabilities services institutions as defined in
4089	s. 393.063, intermediate care facilities for the developmentally
4090	disabled as defined in s. 400.960 s. 393.063, and mental health
4091	treatment facilities as defined in s. 394.455, meets the
4092	requirements of this chapter.
4093	Section 62.  Paragraph (a) of subsection (2) of section
4094	490.014, Florida Statutes, is amended to read:
4095	490.014  Exemptions.--
4096	(2)  No person shall be required to be licensed or
4097	provisionally licensed under this chapter who:
4098	(a)  Is a salaried employee of a government agency;
4099	developmental disability facility or services program, mental
4100	health, alcohol, or drug abuse facility operating under pursuant
4101	to chapter 393, chapter 394, or chapter 397; subsidized child
4102	care program, subsidized child care case management program, or
4103	child care resource and referral program operating pursuant to
4104	chapter 402; child-placing or child-caring agency licensed
4105	pursuant to chapter 409; domestic violence center certified
4106	pursuant to chapter 39; accredited academic institution; or
4107	research institution, if such employee is performing duties for
4108	which he or she was trained and hired solely within the confines
4109	of such agency, facility, or institution, so long as the
4110	employee is not held out to the public as a psychologist
4111	pursuant to s. 490.012(1)(a).
4112	Section 63.  Paragraph (a) of subsection (4) of section
4113	491.014, Florida Statutes, is amended to read:
4114	491.014  Exemptions.--
4115	(4)  No person shall be required to be licensed,
4116	provisionally licensed, registered, or certified under this
4117	chapter who:
4118	(a)  Is a salaried employee of a government agency;
4119	developmental disability facility or services program, mental
4120	health, alcohol, or drug abuse facility operating under pursuant
4121	to chapter 393, chapter 394, or chapter 397; subsidized child
4122	care program, subsidized child care case management program, or
4123	child care resource and referral program operating pursuant to
4124	chapter 402; child-placing or child-caring agency licensed
4125	pursuant to chapter 409; domestic violence center certified
4126	pursuant to chapter 39; accredited academic institution; or
4127	research institution, if such employee is performing duties for
4128	which he or she was trained and hired solely within the confines
4129	of such agency, facility, or institution, so long as the
4130	employee is not held out to the public as a clinical social
4131	worker, mental health counselor, or marriage and family
4132	therapist.
4133	Section 64.  Section 944.602, Florida Statutes, is amended
4134	to read:
4135	944.602  Agency notification of Department of Children and
4136	Family Services before release of mentally retarded
4137	inmates.--Before the release by parole, release by reason of
4138	gain-time allowances provided for in s. 944.291, or expiration
4139	of sentence of any inmate who has been diagnosed as mentally
4140	retarded as defined in s. 393.063, the Department of Corrections
4141	shall notify the Agency for Persons with Disabilities Department
4142	of Children and Family Services in order that sufficient time be
4143	allowed to notify the inmate or the inmate's representative, in
4144	writing, at least 7 days prior to the inmate's release, of
4145	available community services.
4146	Section 65.  Subsections (2) and (3) of section 945.025,
4147	Florida Statutes, are amended to read:
4148	945.025  Jurisdiction of department.--
4149	(2)  In establishing, operating, and utilizing these
4150	facilities, the department shall attempt, whenever possible, to
4151	avoid the placement of nondangerous offenders who have potential
4152	for rehabilitation with repeat offenders or dangerous offenders.
4153	Medical, mental, and psychological problems shall be diagnosed
4154	and treated whenever possible. The Department of Children and
4155	Family Services and the Agency for Persons with Disabilities
4156	shall cooperate to ensure the delivery of services to persons
4157	under the custody or supervision of the department. When it is
4158	the intent of the department to transfer a mentally ill or
4159	retarded prisoner to the Department of Children and Family
4160	Services or the Agency for Persons with Disabilities, an
4161	involuntary commitment hearing shall be held according to the
4162	provisions of chapter 393 or chapter 394.
4163	(3)  There shall be other correctional facilities,
4164	including detention facilities of varying levels of security,
4165	work-release facilities, and community correctional facilities,
4166	halfway houses, and other approved community residential and
4167	nonresidential facilities and programs; however, no adult
4168	correctional facility may be established by changing the use and
4169	purpose of any mental health facility or mental health
4170	institution under the jurisdiction of any state agency or
4171	department without authorization in the General Appropriation
4172	Act or other approval by the Legislature. Any facility the
4173	purpose and use of which was changed subsequent to January 1,
4174	1975, shall be returned to its original use and purpose by July
4175	1, 1977. However, the G. Pierce Wood Memorial Hospital located
4176	at Arcadia, DeSoto County, may not be converted into a
4177	correctional facility as long as such hospital is in use as a
4178	state mental health hospital. Any community residential facility
4179	may be deemed a part of the state correctional system for
4180	purposes of maintaining custody of offenders, and for this
4181	purpose the department may contract for and purchase the
4182	services of such facilities.
4183	Section 66.  Section 947.185, Florida Statutes, is amended
4184	to read:
4185	947.185  Application for mental retardation services as
4186	condition of parole.--The Parole Commission may require as a
4187	condition of parole that any inmate who has been diagnosed as
4188	mentally retarded as defined in s. 393.063 shall, upon release,
4189	apply for retardation services from the Agency for Persons with
4190	Disabilities Department of Children and Family Services.
4191	Section 67.  Subsection (1) of section 985.224, Florida
4192	Statutes, is amended to read:
4193	985.224  Medical, psychiatric, psychological, substance
4194	abuse, and educational examination and treatment.--
4195	(1)  After a detention petition or a petition for
4196	delinquency has been filed, the court may order the child named
4197	in the petition to be examined by a physician. The court may
4198	also order the child to be evaluated by a psychiatrist or a
4199	psychologist, by a district school board educational needs
4200	assessment team, or, if a developmental disability is suspected
4201	or alleged, by a the developmental disabilities diagnostic and
4202	evaluation team with of the Agency for Persons with Disabilities
4203	Department of Children and Family Services. If it is necessary
4204	to place a child in a residential facility for such evaluation,
4205	the criteria and procedures established in chapter 393, chapter
4206	394, or chapter 397, whichever is applicable, shall be used.
4207	Section 68.  Section 1003.58, Florida Statutes, is amended
4208	to read:
4209	1003.58  Students in residential care facilities.--Each
4210	district school board shall provide educational programs
4211	according to rules of the State Board of Education to students
4212	who reside in residential care facilities operated by the
4213	Department of Children and Family Services or the Agency for
4214	Persons with Disabilities.
4215	(1)  The district school board shall not be charged any
4216	rent, maintenance, utilities, or overhead on such facilities.
4217	Maintenance, repairs, and remodeling of existing facilities
4218	shall be provided by the Department of Children and Family
4219	Services or the Agency for Persons with Disabilities, as
4220	appropriate.
4221	(2)  If additional facilities are required, the district
4222	school board and the Department of Children and Family Services
4223	or the Agency for Persons with Disabilities, as appropriate,
4224	shall agree on the appropriate site based on the instructional
4225	needs of the students. When the most appropriate site for
4226	instruction is on district school board property, a special
4227	capital outlay request shall be made by the commissioner in
4228	accordance with s. 1013.60. When the most appropriate site is on
4229	state property, state capital outlay funds shall be requested by
4230	the department or agency in accordance with chapter 216 of
4231	Children and Family Services as provided by s. 216.043 and shall
4232	be submitted as specified by s. 216.023. Any instructional
4233	facility to be built on state property shall have educational
4234	specifications jointly developed by the school district and the
4235	department or agency of Children and Family Services and
4236	approved by the Department of Education. The size of space and
4237	occupant design capacity criteria as provided by state board
4238	rules shall be used for remodeling or new construction whether
4239	facilities are provided on state property or district school
4240	board property. The planning of such additional facilities shall
4241	incorporate current state Department of Children and Family
4242	Services deinstitutionalization goals and plans.
4243	(3)  The district school board shall have full and complete
4244	authority in the matter of the assignment and placement of such
4245	students in educational programs. The parent of an exceptional
4246	student shall have the same due process rights as are provided
4247	under s. 1003.57(5).
4248	(4)  The district school board shall have a written
4249	agreement with the Department of Children and Family Services
4250	and the Agency for Persons with Disabilities outlining the
4251	respective duties and responsibilities of each party.
4252
4253	Notwithstanding the provisions herein, the educational program
4254	at the Marianna Sunland Center in Jackson County shall be
4255	operated by the Department of Education, either directly or
4256	through grants or contractual agreements with other public or
4257	duly accredited educational agencies approved by the Department
4258	of Education.
4259	Section 69.  Paragraph (c) of subsection (3) of section
4260	17.61, Florida Statutes, is amended to read:
4261	17.61  Chief Financial Officer; powers and duties in the
4262	investment of certain funds.--
4263	(3)
4264	(c)  Except as provided in this paragraph and except for
4265	moneys described in paragraph (d), the following agencies shall
4266	not invest trust fund moneys as provided in this section, but
4267	shall retain such moneys in their respective trust funds for
4268	investment, with interest appropriated to the General Revenue
4269	Fund, pursuant to s. 17.57:
4270	1.  The Agency for Health Care Administration, except for
4271	the Tobacco Settlement Trust Fund.
4272	2.  The Agency for Persons with Disabilities, except for:
4273	a.  The Federal Grants Trust Fund.
4274	b.  The Tobacco Settlement Trust Fund.
4275	3.2.  The Department of Children and Family Services,
4276	except for:
4277	a.  The Alcohol, Drug Abuse, and Mental Health Trust Fund.
4278	b.  The Community Resources Development Trust Fund.
4279	c.  The Refugee Assistance Trust Fund.
4280	d.  The Social Services Block Grant Trust Fund.
4281	e.  The Tobacco Settlement Trust Fund.
4282	f.  The Working Capital Trust Fund.
4283	4.3.  The Department of Community Affairs, only for the
4284	Operating Trust Fund.
4285	5.4.  The Department of Corrections.
4286	6.5.  The Department of Elderly Affairs, except for:
4287	a.  The Federal Grants Trust Fund.
4288	b.  The Tobacco Settlement Trust Fund.
4289	7.6.  The Department of Health, except for:
4290	a.  The Federal Grants Trust Fund.
4291	b.  The Grants and Donations Trust Fund.
4292	c.  The Maternal and Child Health Block Grant Trust Fund.
4293	d.  The Tobacco Settlement Trust Fund.
4294	8.7.  The Department of Highway Safety and Motor Vehicles,
4295	only for:
4296	a.  The DUI Programs Coordination Trust Fund.
4297	b.  The Security Deposits Trust Fund.
4298	9.8.  The Department of Juvenile Justice.
4299	10.9.  The Department of Law Enforcement.
4300	11.10.  The Department of Legal Affairs.
4301	12.11.  The Department of State, only for:
4302	a.  The Grants and Donations Trust Fund.
4303	b.  The Records Management Trust Fund.
4304	13.12.  The Executive Office of the Governor, only for:
4305	a.  The Economic Development Transportation Trust Fund.
4306	b.  The Economic Development Trust Fund.
4307	14.13.  The Florida Public Service Commission, only for the
4308	Florida Public Service Regulatory Trust Fund.
4309	15.14.  The Justice Administrative Commission.
4310	16.15.  The state courts system.
4311	Section 70.  Paragraph (b) of subsection (5) of section
4312	400.464, Florida Statutes, is amended to read:
4313	400.464  Home health agencies to be licensed; expiration of
4314	license; exemptions; unlawful acts; penalties.--
4315	(5)  The following are exempt from the licensure
4316	requirements of this part:
4317	(b)  Home health services provided by a state agency,
4318	either directly or through a contractor with:
4319	1.  The Department of Elderly Affairs.
4320	2.  The Department of Health, a community health center, or
4321	a rural health network that furnishes home visits for the
4322	purpose of providing environmental assessments, case management,
4323	health education, personal care services, family planning, or
4324	followup treatment, or for the purpose of monitoring and
4325	tracking disease.
4326	3.  Services provided to persons with who have
4327	developmental disabilities, as defined in s. 393.063.
4328	4.  Companion and sitter organizations that were registered
4329	under s. 400.509(1) on January 1, 1999, and were authorized to
4330	provide personal services under s. 393.063(33) under a
4331	developmental services provider certificate on January 1, 1999,
4332	may continue to provide such services to past, present, and
4333	future clients of the organization who need such services,
4334	notwithstanding the provisions of this act.
4335	5.  The Department of Children and Family Services.
4336	Section 71.  Subsection (7) of section 744.704, Florida
4337	Statutes, is amended to read:
4338	744.704  Powers and duties.--
4339	(7)  A public guardian shall not commit a ward to a mental
4340	health treatment facility, as defined in s. 394.455(32)(30),
4341	without an involuntary placement proceeding as provided by law.
4342	Section 72.  Subsection (4) of section 984.22, Florida
4343	Statutes, is amended to read:
4344	984.22  Powers of disposition.--
4345	(4)  All payments of fees made to the department under
4346	pursuant to this chapter, or child support payments made to the
4347	department pursuant to subsection (3), shall be deposited in the
4348	General Revenue Fund. In cases in which the child is placed in
4349	foster care with the Department of Children and Family Services,
4350	such child support payments shall be deposited in the Community
4351	Resources Development Trust Fund.
4352	Section 73.  This act shall take effect July 1, 2006.

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